city of ryde...2007/07/17 · city of ryde development committee agenda no. 11/07 the above...

CITY OF RYDE DEVELOPMENT COMMITTEE

AGENDA NO. 11/07 The above Committee will meet on Tuesday, 17 July, 2007 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 4.00pm to discuss the following matters. Any matters not determined at the meeting will be considered by the Council at its meeting to be held on Tuesday 24 July, 2007. CONTENTS Item Property/Subject Page

1 CONFIRMATION OF COMMITTEE REPORT ………………………………..1 2 312 VICTORIA ROAD GLADESVILLE. Lot 100 in DP 771721. Local

Development Application for a Car Wash Facility and Cafe. LDA 101/2005. Applicant: Wurly Group Pty Ltd. Owner: Mobil Oil Australia Pty Ltd. Date lodged: 15 February 2005.

INSPECTION 4:20 PM, INTERVIEW 5:20 PM …………………………….. 2 3 39-41 WHARF ROAD GLADESVILLE. LOT: 1 DP: 716983. Local

Development Application for tennis court with lighting, inground swimming pool & landscaping works. LDA 787/2006. Applicant: A. Pearson. Owner: Mr S & Mrs A Riedel. Date lodged: 29 September 2006. INSPECTION 4:40 PM, INTERVIEW 5:25 PM ……………………..54

4 80-82 QUARRY ROAD RYDE. LOT: A DP: 406708. Local Development

Application for Urban housing development (4x3 bedroom dwellings & 2x2 bedroom dwellings) and strata subdivision. LDA 999/2006. Applicant: Martin & Spork Pty Ltd. Owners: H H Nader & Brand New Homes Pty Ltd. Date lodged: 21 December 2006.

INSPECTION 5:00 PM, INTERVIEW 5:30 PM …………………………..103 5 32 WESTERN CRESCENT GLADESVILLE. Lot 34, section C in DP

1821. Local Development Application for a 2 Storey Dwelling House. LDA 592/2006. Applicant: Frank Rupolo. Owner: C Rupolo. 14/8/06.

Date lodged: Public Submissions: No submissions received. NO INSPECTION, NO INTERVIEW ………………………………………. 160

CITY OF RYDE Development Committee Agenda No. 11/07 Page 1

ITEM 1 CONFIRMATION OF COMMITTEE REPORT RECOMMENDATION: That the report of the meeting of the Development Committee No. 10/07 held on 3 July 2007, be confirmed.


ITEM 2 312 VICTORIA ROAD GLADESVILLE. Lot 100 in DP 771721. Local Development Application for a Car Wash Facility and Cafe. LDA 101/2005. Applicant: Wurly Group Pty Ltd. Owner: Mobil Oil Australia Pty Ltd. Date lodged: 15 February 2005. Public Submissions: Initial notification: 5 submissions received. Re-notification: 5 submissions received.

INSPECTION 4:20 PM INTERVIEW 5:20 PM

FILE NO. LDA 05/101

Manager Assessment Reports 9 July 2007 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning’s Guide to Section 79C – Potential Matters for Consideration. Report Summary This report considers a proposal to construct a car wash café. The application as submitted did not contain sufficient details relating to drainage, site remediation, noise impact, height details, finishes and justification for the raised element to be used for advertising. Amended plans and details were received but did not satisfactorily address all issues. These matters can be supplied by a deferred Commencement Consent. The proposal was notified on two occasions (original plans and amended plans) and each time 5 submissions were received, including two from nearby car washing facilities each time. Whilst a number of issues were raised the most significant was the relocation of the Sydney Buses driver changeover stop to the front of the site. The amended plans were considered by the Ryde Traffic Committee on 25 March 2007 where it was recommended that the driveways be reduced to 10m (15 – 6m were proposed) and the RTA and STA agreeing to the relocation of the bus zone. The RTA, despite a number of approaches has not formally endorsed the relocation. Both the STA and RTA were represented at the Ryde Traffic Committee Meeting where the matter was discussed. One of the car washes has made a number of detailed submissions objecting to the proposal – site too small, inappropriate design, conflict with bus zone, height of the building, lack of staff car parking and impact on nearby residents. These matters have been addressed in the report. The objector also submitted a traffic assessment that was forwarded to the Traffic Committee for consideration in its assessment of the amended plans.


ITEM 2 (Continued) There are a number of issues arising from the submission, the change to the driveways required by the Traffic Committee, the lack of detail of development application stage that the applicant advised was to be provided at construction certificate stage and a number of issues arising from assessment of the proposal. This detail should be provided before the consent becomes operative is therefore subject of a Deferred Commencement Consent. This will allow Council to ensure the proposed will have minimal impact on nearby residents. Reason for Referral to Development Committee: Nature of application, submissions received and request by Councillor O’Donnell. Site (Refer to attached map.) Address : 312 Victoria Road, Gladesville

Site Area : 1778m2

Frontage 45.79m (Victoria Road), 25.925m (Gerald Lane)

Depth 35.34/44.5m Topography and Vegetation : The site is relatively level from the Victoria Road frontage

but the rear is some 1 – 2 m above Gerald Lane at the rear. The southwestern corner is some 2 – 3m above the property adjoining to the south. A number of trees are located towards the rear of the site in the vicinity of the Gerald Lane frontage.

Existing Buildings : The site is vacant (formerly Mobil Service Station). Planning Controls

Zoning : Business Automotive 3 (c1) in Ryde Planning Scheme 1979.

Other: SEPP 64 - Advertising and Advertisements. SEPP 55 - Remediation of Land

DCP 2006 7.1 – Energy Smart / Water Wise

7.2 – Waste Minimisation and Management 9.2 – Access for People with Disabilities 9.3 – Carparking


ITEM 2 (Continued) Any Councillor Representations: Nil. Proposal The application is to erect a carwash café on the site comprising: • A carwash café building located in the centre of the site on the Victoria Road

frontage. It has an internal floor area of approximately 135m² with an external terrace providing an additional 28m². The internal floor area is located as follows:

o Carwash Cafe 117m² o Amenities 18m²

The Carwash Café has a seating capacity for approximately 60 persons with 40 of those seats located within the café building, and 20 seats located on the external terrace area. The building, while utilising the ground floor only has the profile of a 2 storey building, although the first floor level is a “void”. An element is proposed to the north side front that is like a “square tower” projecting above the roof level and is some 3x3m projecting 3m above the roof and will contain the name and time (clock) on the front and both sides. The building is to be steel framed with a significant amount of glazing to the front and sides. The roof is to be metal and the cube advertising elements is to be of metal sandwich panelling. The amenities section on the southern wall is to be masonry finish.

• A separate staff room (located at the rear on Gerald Lane) with a floor area of

approximately 23m² located above a 2 car basement carpark accessed from Gerald Lane. A plant room is located on top of the staff amenities.

The parking level and staff room are to be of masonry construction while the plant room is to be enclosed by a 2400mm high acoustic wall with skillion roof. The walls will be of textured paint finish to provide a visually cohesive building.

• The operation of a car wash facility is weather dependent, with the throughput reducing to zero in rainy weather. The workforce employed the proposed car wash facility will vary throughout the day, and on different days of the week, from a minimum of 8 persons during quiet times on Tuesday – Thursday, to 14 persons during the busiest weekend periods as follows:


ITEM 2 (Continued)

Quiet Periods Tuesdays - Thursday

Busiest Periods Weekends

Management/Organisation 1 person 2 persons Car Wash cycle personnel 5 persons 10 persons Café personnel 2 persons 2 persons Total 8 persons 14 persons

Most of the car wash facility workforces are likely to be young students who live in the local area and tend not to drive a car to/from the site. In the company’s experience, the workforce parking demand generated by the proposed carwash facility is unlikely to exceed 2 – 3 spaces.

• A drive-through carwash facility wrapping around the café building with a metal

canopy over the wash bay area. The existing driveways are to be widened to 15m entry and 16m exit.

• Installation of signage panels integrated with the walls and roof of the structure, to

identify ‘Crystal Carwash Café’ to traffic on Victoria Road. A clock indicating current time is also proposed on each panel.

• Construction of acoustic screen walls to the driveway and plant room. • Construction of an awning over the footpath in front of the building. • Retention of an existing landscaped area at the rear of the site (about 408m2) and

the provision of a landscaped strip 2m wide either side of the entrance to the building.

• Proposed hours 7 am – 7 pm 7 days a week. Vehicular access for the carwash facility will be off Victoria Road via 15m wide entry and 16m exit driveways, generally in the same location as the driveways serving the former service station. The proposed facility (hand wash) will operate on a three-lane drive-through arrangement with the following minimum requirements: • A drop-off zone with capacity to accommodate 12 vehicles. • A vacuuming area capable of accommodating 6 vehicles. • A car wash area with capacity to accommodate 6 vehicles. • A drying and window cleaning area capable of accommodating 12 vehicles,

and a detailing and polish area capable of accommodating 2 vehicles. • A pick-up zone with capacity to accommodate 8 vehicles.


ITEM 2 (Continued) The average duration of the vacuum-wash-dry cycle of the car wash operation is 16 minutes comprising: • Vacuuming 4 minutes • Car wash 4 minutes • Dry/window clean 8 minutes • Total 16 minutes With allowance for drop-off and pick-up, the average duration of a car wash visit for patrons is in the order of 20 minutes. The car wash cycle is increased by approximately 15 minutes for those vehicles, which include detailing and polishing in the car wash package. However, in the company’s experience only about 10% of car wash facility patrons choose that extended option. The following documentation was submitted in support of the application: • Survey plan • Drainage/stormwater plan • Shadow plans • Statement of environmental effects that included a detailed traffic component. • Heritage Impact Statement • Waste plan • Acoustic report. Background 15 February 2005. The DA was lodged and was referred to various internal departments, the RTA and the Ryde Traffic Committee. 21 February 2005 to 10 March 2005 - Application notified and advertised, 5 submissions received – 2 private, 2 from nearby car washes cafes, 1 from the Ryde District Historical Society. 25 February 2005 – Council’s Heritage Adviser requested the provision of a street elevation perspective and colour schedule. 7 March 2005 – Ryde Traffic Committee raised no objection. 15 March 2005 – Letter to applicant requesting further information: • Drainage and on site detention details. • Parking compliance with the Australian Standard • Details of site remediation


ITEM 2 (Continued) • Information required by Council’s Heritage Advisor • Water quality provisions • Acoustic report. 12 May 2005 – Letter from RTA providing its concurrence and conditions to be included in any consent. 10 June 2005 – Applicant requested Council to “hold” application pending a decision whether to proceed with it. 20 December 2005 – Amended plans and noise report received. 16 January 2006 – Further drainage information requested from applicant. 23 January 2006 – Meeting with applicant to discuss outstanding information required to assess the application. 8 June 2006 – Applicant advised that the client had been considering amending the application but now wished to proceed as submitted. The additional in formation should be submitted to Council within 5 – 6 weeks. 18 October 2006 – Applicant advised that the amended plans and details received 11 October 2006 did not include all the details requested. 7 November 2006 – Amended drainage details received. 4 December 2006 – Amended architectural plans and details received that required the application to be re-notified. 19 December to 16 January 2007 – Amended plans and details re-notified. As a result 5 submissions were received (2 from nearby car wash cafés, 1 from a business and 2 private). 23 January 2007 – Amended details and plans referred to RTA, Sydney Buses and Ryde Traffic Committee as a number of submissions indicated that recently a RTA Bus driver changeover stop had been relocated to the front of the proposed car wash site. 29 March 2007 – Ryde Traffic Committee considered the matter and raised no objection subject to re-designing the driveways to reduce the impact on the bus stop.


ITEM 2 (Continued) 3 April 2007 – RTA and Sydney Bus representative advised they were in agreement with the recommendation of the Ryde Traffic Committee. REPORT

Submissions: The proposal was advertised and notified in accordance with 2.1 of DCP 2006 - Notification of Development Applications. The application was advertised on 23 February 2005 and notified from 21 February 2005 until 10 March 2005. Five (5) submissions were received (2 from residents, 2 from nearby car wash cafes and 1 from the Ryde District Historical Society). The issues raised in the submissions were: • Trees along Gerald Lane should be retained. • Noise should not be audible from the plant room. • Should be no additional vehicles in Gerald Lane apart from those accessing the

parking area. • Should have sufficient on site parking for staff so that no additional parking in the

local street system. • Prefer 8 am start due to proximity of residences. • Concern of visual impact of the acoustic wall from adjoining residential premises. • No indication in the documentation whether wash water will be recycled. • Ensure no detrimental impact on the adjoining heritage building. • Possible impact on the adjoining bus stop. • Costs don’t take into account site remediation. • Council should consider the impact on nearby similar businesses. • Concern that the high “advertising cube” may impact on the significance of the

adjoining heritage building. The amended proposal was notified in accordance with 2.1 of DCP 2006 - Notification of Development Applications from 19 December 2006 until 16 January 2007. Five (5) submissions were received (2 from residents, 2 from nearby car washes, 1 from a nearby business). The issues raised in the submissions were; • Site not suitable for car wash café as insufficient space for the queuing of

vehicles. • Bus interchange recently moved to the front of this site and will cause conflict. • No details of plant and equipment supplied and noise from plant room likely to

impact on nearby residents. • No details of water recycling. • Insufficient staff parking provided. • Conflict with pedestrians due to the wide driveways.


ITEM 2 (Continued) • No frontage landscaping provided. • Impact on existing trees on the site. • No windows should overlook properties to west. • Acoustic walls should also be provided to the north and west. • Lack of staff parking – estimate that 40 – 50 staff will be employed based on

similar uses. • Building appears as a 3 storey structure. • Concern that the relocation of the RTA bus stop to this part of Victoria Road will

impact on the viability of their business due to the loss of on street parking.

Comment One of the submissions from another car wash café facility included a report from a traffic consultant on the traffic and parking implications of the proposal. At the request of the objector this report was made available to the Ryde Traffic Committee for their consideration. The comments from the Traffic Committee are dealt with elsewhere in this report. Most of the submissions from the second notification were from the same persons who lodged submissions to the first notification. Due to the common nature of the issues raised they are dealt with under headings. Parking – The applicant maintains that as most of the staff will be students that 2 spaces are likely to be sufficient. There are no requirements in Council’s DCP relating to parking for this type of use. The 3 car wash café facilities approved nearby contain 11, 2 and 4 staff parking spaces, although the facility requiring 11 spaces is more substantial than the other two as it also contains workshops. There is opportunity to provide additional 2-3 parking spaces adjacent to the Gerald Land boundary on the north side of the staff/plant building and in the northwest corner, subject to accurate locating of the existing trees. It is difficult to assess how many could be provided at present due to the metal fencing and lack of detail on the plans. The provision of this information should be subject of a Deferred Commencement condition. Bus Stop Implications – This matter was considered by the Ryde Traffic Committee who have recommended that the driveways be adjusted to a maximum width of 10m each, that they be wide enough apart to allow one (1) bus to stand for driver changeover and the RTA and STA agree to the relocation of the bus zone at the front. This matter is dealt with in more detail elsewhere in the report. Noise – An acoustic report was submitted and has been assessed by Council’s environmental health officer who has provided appropriate conditions. An acoustic


ITEM 2 (Continued) panel us proposed along the southern boundary to minimise noise (primarily from vacuuming) disturbance to adjoining residents and to a lesser extent from small speakers located in the forecourt “for the purpose of the seated vehicle owners”. The conclusion of the acoustic report is: Council have requested an acoustic assessment of mechanical plant and music from the subject proposal. From examination of the Crystal Wash premises at Kingsford, Chatswood and Rose Bay and having identified the daytime ambient level of the proposed car wash site on Victoria Road, Gladesville during a recent visit we have assessed the potential noise impact of the proposed Crystal Car Wash. The design goal of 58 dB(A) for the rear residence at the southern residential boundary and 54 dB(A) for the western residential boundary were derived from measurements conducted at the proposed site in Gladesville. These design goals can be achieved with the following measures: • The construction of an acoustic barrier 1.8m high, 5.5m in length and 1.5m in

from the southern boundary located on the western end of the vacuum area.

• The wash bay enclosure is extended to the edge of the vacuum area, with the walls of the enclosure from the roof-line to ground level.

• The plant room fully enclosed with ventilation via acoustic louvres if vacuum

plant similar to the Kingsford Crystal Car Wash is utilised. If vacuum plant is individually enclosed, similar to the Rose Bay Crystal Car Wash, ventilation is to be through openings 1m high (from the roof of the plant room) on the eastern and northern sides of the plant room.

• Any outdoor speakers are to be directed away from residential boundaries.

With the above noise control measures, we are able to support an application to Ryde Council for the provision of a Crystal Car Wash facility located at 312 Victoria Road, Gladesville. The requirements of the acoustic report have been included as condition 1(f) in the Deferred Commencement part of the recommendation. Acoustic walls to the south and west are not required as there are no nearby residences and the boundary fence and landscaping will reduce any noise.


ITEM 2 (Continued)

Water Recycling – No details have been provided as the plans suggest this will be proposed at the later design stage. The SEE indicates that proposal is for a hand car wash, although it does not provide any detail. Any proposal to utilise Sydney Water should include on site water storage as well as waste water recycling to reduce the impact on the water supply. This matter is a requirement condition 1(e) of the Deferred Commencement part of the recommendation. Trees/Landscaping – It is proposed to remove 2 – 3 trees on the southern end of the Gerald Lane frontage to enable construction of the garage/staff area/plant room building. All other trees on Gerald Lane and landscaping to the southwest (adjoining the Freedom Furniture carpark) are not affected and are to be retained. Landscaping strips are proposed either side of the entrance to the building. Given the commercial nature of the location these measures are seen as appropriate. Internal Circulation and Design – The operator has a number of these outlets within the metropolitan area and is in a position to know the layout needed to conduct their business. There is capacity to accommodate 12 vehicles on the drop off area which would seem to be sufficient given there is provision for a number of vehicles in the work areas. The RTA requires a sign to be displayed if the drop off area is full – condition129. Privacy – The main building, while appearing to be of 2 storey construction, has a ground floor only that is located some distance from nearby residential premises. Overlooking opportunities are therefore minimal. The only window on the staff room (situated on the Gerald Lane frontage) faces towards Victoria Road, as does the entry door. There are no windows or openings in the side or rear walls that face towards any residents and therefore there are no privacy impacts. Hours of Operation – The proposed hours are 7am to 7pm 7 days a week. The approved hours of other nearby car wash cafes are: • 7am – 7pm daily, • 7am – 10pm daily • 7am – 7pm Mondays to Saturdays, 9 am – 7 pm Sundays. The last site is in close proximity to residential development similar to the proposed site and like this site was previously occupied by a service station. It is considered that 7am – 7pm Mondays to Saturdays and 8am – 7pm Sundays is reasonable. Condition 124 has been included in the recommendation. Shadows The site faces east and therefore shadow mainly is over Gerald Lane at 9am, with a shadow cast by the staff/plant room over the front of houses on the west side of the land. The properties to the south are affected by afternoon sun only. All properties maintain at least 3 hours sunlight during the day.


ITEM 2 (Continued) Building Bulk – The building appears as a 2 – 3 storey structure viewed from the front (east) and side (north) caused by the protruding “cube” structure for signage and a clock. Most of the development in this part of Victoria Road is 1 – 2 storeys and is of a relatively uniform height. Concerns about the impact of the “cube” have been raised by Council’s Heritage Advisor in relation to the adjoining heritage building. Condition 1(c) of the Deferred Commencement part requires the building to be 2 storeys high.

Policy Implications

Relevant Provisions of Environmental Planning Instruments etc: Ryde Planning Scheme Ordinance

Zoning

Business Automotive 3(c1)

Mandatory Requirements The following are applicable to this application.

Ryde PSO Compliance Cl. 34(1) Aesthetic Appearance • Council to take into consideration

the probable aesthetic appearance of the proposed building or work when viewed from a main road.

2 –3 storey building not appropriate. Should be reduced to 2 storeys only as set out in the report.

Cl. 34(2) Increased Vehicular Traffic

• Whether adequate vehicular entrances to and exits from the site have been provided so that vehicles using those entrances and exits will not endanger persons and vehicles using those roads.

Considered by Ryde Traffic Committee who require driveways to be reduced.

• The provision of space on the site of the development, other than a public road, for the parking and standing of such number of vehicles as the Council may determine.

2 spaces inadequate. Additional parking required as set out in the report.


ITEM 2 (Continued)

Ryde PSO Compliance • Whether adequate space has

been provided within the site of the building or development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers

Adequate provision for the type of use proposed as set out in the report.

Cl. 42 Advertising Signs

• The effect of the sign on the amenity of the locality, including the need to avoid visual disorder or clutter of signs.

Business identification only, appropriate in context of commercial setting

• The effect of the sign on the built environment or the landscape.

The signs will not detract from the built environment or landscape.

• The need for the sign and the opportunities for adequately displaying it on the site.

The signage is needed to be able to advise passing motorists of the car wash.

• The advertising pattern and theme in the locality and the number of signs of the same type

The proposed Business Identification Signs will not adversely impact on other signs in the locality.

• The effect of the sign on existing advertising signs.

As only Business Identification Signage is proposed it is unlikely to adversely impact on existing signage within the area.

• The size and likely impact of the sign, having regard to the size of the premises on which it is to be displayed and the scale of surrounding buildings.

Size appropriated to scale of building

• The effect of the sign on the safety and security of premises and public areas, premises or public places.

The signs will not affect the safety or security of the premises or public spaces.

• The effect of the sign on the appearance, efficiency and safety of a road, railway, waterway or other public way, having particular regard to the sign’s colour, brightness and location.

The signage will not affect the efficiency or safety of Victoria Road.

Cl. 43 Lands used for Commercial or Industrial Purposes


ITEM 2 (Continued)

Ryde PSO Compliance • Requires that the land in front of a

building that adjoins a main road is not to be used for the storage, sale or display of goods or for advertising purposes without the consent of Council.

The development complies with this requirement.

Cl. 51 Floor Space Ratio • Not exceed 1:1. (1778m²) 0.056:1 (181m²) Cl. 88 – Development in Vicinity of Heritage Items:

• Item 173 – 310 Victoria Rd (house)

o Assess impact on significance of heritage item

See comments by Council’s Heritage Adviser

Relevant SEPPs SEPP 64 – Advertising and Signage Applies to all signage except exempt development. In the event of any inconsistency between it and local planning controls, the provisions of SEPP 64 prevail. Council must be satisfied that the signage is consistent with the objectives of the policy, as set out in clause 3(1)(a), and satisfies the assessment criteria in Schedule 1. The objectives in clause 3(1)(a) are to ensure that signage (including advertising): (i) is compatible with the desired amenity and visual character of an area, and (ii) provides effective communication in suitable locations, and (ii) is of high quality design and finish. The proposed signage is compatible with the amenity and visual character of the area, provides effective communication in suitable locations and will be high quality, design and finish. There are 8 assessment criteria listed in Schedule 1. Character of Area – The signs are in keeping with the character of the area. Special Areas – There are no special areas affected by the proposal. Views and Vistas – None are affected. Streetscape, Setting or Landscape – Signs are in keeping with type of use. Site and Building – Signs compatible. Associated Devices and Logos with Advertising and Advertising Structures. Designed as integral part of building. Illumination – No unacceptable glare or impacts. Safety – No implications.


ITEM 2 (Continued) The proposal complies with the objectives of State Environmental Planning Policy No.64 – Advertising and Signage and meets the Assessment criteria set out in Schedule 1 of the Policy.

SEPP 55 – Remediation Of Land

Clause 7 provides that Council must consider whether the land has been contaminated and if it has whether it will be suitable for the proposed use following its remediation. In its consideration Council must taken into account relevant reports that have been prepared, including the findings of any preliminary investigation of the land. Clause 9 specifies the types of remediation that requires consent: • Designated development • That carried out on a critical habitat likely to impact on an ecological community • Development requiring consent under a state or regional plan • Development in the following areas specified in an environmental planning

instrument, - coastal protection, conservation or heritage conservation, wildlife habitat/corridor, environment protection, floodway, littoral rainforest, nature reserve, scenic protection area or wetland.

Comment

The remediation of the site does not require development consent but must be carried out in accordance with SEPP 5. The site has been decommissioned by Mobile and has been remediated. The remediation report has been assessed by Council’s environmental health officer and while adequate, requires certain other works that have been subject of conditions.

Relevant REPs There are none that affect this application Any draft LEPs There are none that affect this application Any DCP

DCP 2006 The compliance with the DCP is illustrated by the development standards below.


ITEM 2 (Continued) 7.1 - Energy Smart, Water Wise Proposal

Compliance

2.6 – Other development • Ceiling/roof R3.0 or equivalent,

walls (other than brick cavity) R1.5Not indicated on plans Condition 70

• AAA rated showerheads & toilet cisterns, bathroom and kitchen taps to have aerators, dual flush cistern in water closets

Not indicated on plans Condition 71

7.2 Waste Minimisation & Management

Proposal Compliance

• Waste plan was required Waste plan submitted Yes 9.1 – Advertising Signs Proposal Compliance Advertising content must be either: • Business identification sign Name of carwash & time Yes • Directional sign None proposed NA • Safety, amenity of pedestrians None proposed NA Language • English English Condition

130 • Any translation not larger than

English Not indicated on plans Condition

130

Number of signs • Excessive signage inappropriate One facing street, one on each

side Yes

Design, safety, maintenance: • Compatible with architectural style

of building Integrated with building Yes

• Not impact adversely on streetscape

Business identification only Yes

• Located at height to discourage vandalism & not impact on footpath

Above ground level Yes

Illuminated signs: • Intensity & hours not impact on

residential properties Not indicated on plans Condition

126 • Internal illumination except for

floodlit signs Not indicated on plans Condition

132


ITEM 2 (Continued) 7.2 - Waste Minimisation & Management Proposal

Compliance

Business & urban village zones: • Commercial & retail limited to

fascia, top hamper, window, drop awning, under awning bracket, real estate, temporary, flush wall (only to activities at same level), internally illuminated

None of this type proposed, only business identification

NA

9.2 - Access for People with Disabilities Proposal Compliance

• Requires an accessible path from the street to the ground floor

Ramps proposed Yes

The non-compliances with the DCP, except those indicated to be subject of conditions, are discussed below under the Likely Impacts or under issues raised by objectors. Likely impacts of the Development

(a) Built Environment The main issues relating to impact on the built environment have been dealt with under issues raised as a result of public notification and referral to the RTA, Sydney Buses and the Ryde Traffic Committee. As indicated in the Background the applicant was requested to provide additional details about the finishes and signage and while providing some detail has indicated that this detail would be provided in more detail drawings that would be done following approval of the development application (presumably at construction certificate). Whilst some of this is appropriate there are elements that need to be considered at this stage. The necessary details have been required as part of the Deferred Commencement Conditions.

(b) Natural Environment As detailed earlier 2 possibly 3 trees are to be removed to allow the garage/staff/plant structure at the rear. Other trees and landscaping totalling some 420m² is proposed along the rear, in the southeast corner of the site and in strips near the entrance. This area will provide substantial screening to the adjoining residential properties.

Suitability of the site for the development The site was previously a service station that was situated adjacent to residential


ITEM 2 (Continued) development. The site is suitable for the proposed use subject to measures to minimise its impact on those residents.

The Public Interest It is in the public interest to provide car washing facilities that are sustainable and do not significantly increase the demand on the Sydney Water Supply and does not unduly affect nearby residents or the main road system. The proposed conditions are designed to mitigate these impacts. Management Plan Linkages N/A Relationship to Key Outcome Areas

People The assessment of this development application meets the key outcomes for People (set out on pages 32-33 of the Management Plan 2007-2010): • A City that plans for people by identifying their diverse needs and involving them

in decision making to improve their quality of life. Submissions considered in assessment of proposal.

Assets The assessment of this development application meets the following key outcomes for Assets (set out on pages 34-35 of the Management Plan 2007-2010): This matter has no direct relationship to this key outcome area.

Environment The assessment of this development application meets the following key outcomes for Environment (set out on pages 36-38 of the Management Plan 2007-2010): • Clean water through control of pollution entering our waterways and through

protection of these waterways. Controlled through conditions of consent.

• Protected ecological systems and processes that support life and the environment

through actions that safeguard them.


ITEM 2 (Continued) Controlled through conditions of consent including pollution controls.

• Clean air through protection of natural resources and better integrated transport

systems. Controlled through conditions of consent including pollution controls.

Governance The assessment of this development application meets the key outcomes for Governance (set out on pages 39-41 of the Management Plan 2007-2010): • Improved communication with the community and increased awareness and

understanding of Council’s decisions by the community. Applications notified and residents comments sought.

• Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship.

Applications notified and residents comments sought. • Compliance with all legislative requirements and statutory obligations.

Controlled through conditions of consent.

• An efficient and effective regulatory environment.


Consultation – Internal and External Internal Referrals Development Engineer: Memo 15 November 2006: The applicant proposes to collect stormwater runoff from the new two-storey carwash café and discharge via downpipes to the onsite stormwater detention basin located at the rear of the property. The basin has an average ponding depth of 980mm and will have a pool type fencing to ensure safety for the public and compliance with Council requirements. The runoff created by the paved areas will be collected by several pits and also discharge to the OSD Basin prior to draining out onto Gerald Lane. The runoff from the wash bay area will be separately collected and pumped to an oil/solids separator with the water draining to the sewer. This has been designed and indicated on the Stormwater Drainage Plan Drawing No: H02 Rev C prepared by Neil Lowry & Associates Pty Ltd.


ITEM 2 (Continued) The vehicle crossing entry and exit and all associated works on Victoria Road shall comply with the requirements set out in the letter dated 9th May 2005 prepared by the RTA. From an engineering perspective, there are no objections to the approval of this application. The following conditions attached should be placed on any development consent issued. The conditions have been included under their appropriate headings. Building Surveyor: Memo 6 May 2005: An assessment of the attached plans has been carried out in respect to compliance with the Building Code of Australia and have been found to be satisfactory subject to the following conditions. The conditions have been included under their appropriate headings. Environmental Health Officer: Memo 4 January 2006: The site has been remediated and an audit report has been submitted, however there are some additional concerns regarding the previous contamination of site: A number of concerns have been raised by the Auditor, particularly in relation to groundwater contamination and residue hydrocarbon contamination, which may have been left on site. Also the potential for further contamination to be identified beneath the slab for the former sales building when it is removed. The Report discusses the conclusion and recommendations outlined in the Environmental Management Plan prepared by URS – this Plan has not been submitted to Council. Any further development of the site will need to be conditioned to address the above concerns and the Auditor states: “that the site is suitable for the purposes of ‘commercial/industrial’ use subject to the compliance with the following environmental management plan: “Environmental Management Plan Former Quix Service Station, Gladesville (NJ 3575), 312 Victoria Road, Gladesville, NSW, dated 9 December 2005 by URS” The Auditor further “noted that the majority of the site has been remediated and is free of contamination.”


ITEM 2 (Continued) Only limited details have been shown regarding the fitout of the kitchen. A requirement for further details to be submitted prior to construct has been included in the conditions. RECOMMENDATION: That the Manager Environmental Assessment be advised the proposal will be satisfactory subject to the following conditions: The conditions have been included under their appropriate headings. Ryde Traffic Committee: The Traffic Committee originally considered the matter at its meeting 02/05 and resolved to raise no objection to the proposal. As a result of public notification of the amended plans it was advised that the traffic arrangements had been altered on Victoria Road subsequent to the receipt of the previous advice: 1. A bus stop, used for by Sydney Buses for driver interchanges, was relocated from

260-274 Victoria Road (Star Café Wash) to outside 312 Victoria Road. A site inspection on 19 January 2007 confirms that the sign posted bus stop is from outside Freedom Furniture to the north side of the entry to the proposed car wash. It appears the relocation was as a result of consideration by the Ryde Traffic Committee Meeting 01/05 on15 February 2005.

2. The kerbside lane is designated as a “bus only” lane. The information and the amended plans were referred back to the Committee for comment. A traffic report on the implications of the development had been provided by an objector with a specific request that it be forwarded to the traffic Committee for consideration. The matter was considered by the traffic committee on 29 March 2007: At present the bus zone occupies the full frontage of the site. The site meeting with the supervisor of Ryde Depot was held and it was agreed that one bus length will be enough for change over purpose which will be between two driveways of proposed car wash in Victoria Road. The applicant has requested 15 and 16 metres wide drive ways which does meet Council requirements. It has been suggested that only 10 metres wide driveways be allowed to the applicant. It has been suggested that developer should modify design to provide 10 metre wide driveways for entry and exit purpose at the boundary of the plot. The existing Star Café has submitted objection to this proposal and requested to circulate to the Traffic Committee members.


ITEM 2 (Continued) Main concerns of the objections are as follows:

• Size of driveways • Number of staff parking • Driveway location • Capacity of carwash entry. All of these objections have been addressed in a previous report to the Traffic Committee.

The Committee resolved: That no objection be raised to the proposed car wash café development at 312 Victoria Road, Gladesville subject to the applicant redesigning the ingress and egress driveways, along the Victoria Road frontage, to a maximum width of 10 metres and the RTA and STA agreeing to the relocation of the bus zone in front of the site.

Heritage Advisor: Memo 25 February 2005: That street elevations and colour schedule as requested be provided. Further Memo 5 January 2006: Following receipt of the amended plans the heritage Adviser provided the following advice “That the size of the sign be reduced”. Condition 1(c) of the Deferred Commencement part of the recommendation requires the advertising element to be reduced to the same height as the 2 storey element of the building. External Referrals RTA: Letter 9 May 2005: The RTA has reviewed the development application and notes the retention of the existing driveways off Victoria Road. The RTA will grant its concurrence under section 138(2) of the Roads Act to the proposed vehicular crossings off Victoria Road subject to Council’s approval and the following requirements being included in the development consent: 1. The proposed vehicular driveways off Victoria Road shall be designed in

accordance with AS2890.1-2004 2. The design and construction of the gutter crossing shall be in accordance with

RTA requirements. Details of these requirements should be obtained fro RTA’s Project Services Manager, Traffic Projects Section, Blacktown (Ph 02 8814 2144).

3. If not already in place, full time No Stopping restrictions are to be implemented


ITEM 2 (Continued) along the site frontage and extended to the east (should be south, as property faces east) stopping at the common boundary of No 306-304 Victoria Road at full cost to the applicant.

4. All works associated with the development are to be at no cost to the RTA. Furthermore, the RTA also provides the following advisory comments to Council for its consideration in the determination of the development application: 5. The submitted plan shows that vehicles enter the site via the eastern driveway

and exit the site via the western driveway. If Council intends to approve the development application, then the eastern driveway should be line marked and sign posted as the “Entry Only” driveway, and the western driveway marked as “Exit Only”.

6. The applicant shall install appropriate signposting in accordance with Council’s

requirements advising motorists when the car park is full. 7. Suitable provision is to be made for all construction vehicles to alleviate any need

to park on Victoria Road. The RTA will not grant approval for the use of Victoria Road for construction activities.

8. Suitable provision shall be provided to retard storm water run-off from the subject

site onto Victoria Road. 9. Off-street Parking associated with the proposed development (including

driveway, aisle widths, aisle lengths, parking bay dimensions and sight distances) should be designed in accordance with AS 2890.1 – 2004.

10. The site is likely to be impacted by an extension of the bus zone immediately

west of the site.

Comment Items 1, 2, 4, 5, 6, 7 and 9 have been included as conditions 80, 81, 83, 91, 128 and 123, item 3 is no longer applicable in its present form given the decision to relocate the bus stop (see condition 82), item 8 has been addressed by Council’s Development Engineer. The RTA was advised of the amended plans on 23 January 2007 and has not provided any updated response. There have been numerous phone calls to the RTA and many messages have been left trying to ascertain whether updated comments would be provided. Because item 3 is qualified by the words “if not already in place” it is wide enough to still be applicable as the “No


ITEM 2 (Continued) Stopping” would extend from the Bus Zone to the common boundary of 304-306 Victoria Road. The RTA is also represented on the Ryde Traffic Committee and has endorsed the recommendation of the committee.

Sydney Buses: A copy of the amended plans and details were also forwarded to Sydney Buses (Ryde Depot) on 23 January 2007. A representative attended the Ryde Traffic Committee meeting where these matters were discussed. By email dated 27 March 2007 Sydney Buses advises that it is in agreement with the Traffic Committee’s recommendation. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact.

CONCLUSION: The application is to utilise a site previously occupied by a Mobil service station as a car wash café. The car wash café is likely to have less of an impact than the service station, as it does not operate at night. A number of issues about its operation have been raised and while some details have been provided further are required particularly in relation to the type of plant and material and water recycling facilities. In addition the Ryde Traffic Committee requires the driveways to be reduced to reduce likely conflict with the Sydney Bus driver changeover area and bus stop in Victoria Road. A number of submissions were received as a result of public notification, including 2 from nearby car wash cafes. Issues that were raised have been addressed in the report. The application should be approved as a Deferred Commencement Consent to enable the submission of further details as set out in the report. RECOMMENDATION: (a) That Local Development Application No. 101/2005 to construct a Car Wash

Facility and Ancillary Café at 312 Victoria Road, Gladesville, being lot 100 in DP 771721, be approved as a Deferred Commencement Consent pursuant to section 80(3) of the Environmental Planning and Assessment Act 1979.

This consent does not become operative until the matters referred to in Part 1

have been submitted to and approved by Council and Council has notified you in writing that the consent has become operative.

Part 1 – Conditions Relating to a Deferred Commencement Consent

pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979.


ITEM 2 (Continued) The following conditions are Deferred Commencement conditions imposed

pursuant to section 80(3) of the Environmental Planning and Assessment Act 1979. 1. Six (6) sets of amended plans shall be submitted for approval:

(a) Reducing the entrance and exit driveways to 10m wide. A physical barrier, preferably landscaping, shall be provided along those parts of the frontage no longer available for driveway purposes. The driveways shall be far enough apart to allow for the standing of a bus operated by Sydney Buses.

(b) Providing at least an additional 3 staff parking spaces on the site that

have access from Victoria Road. Areas for consideration should include the area adjacent to the rear fence north of the staff/plant building, the area behind the reduced driveway width, the area adjacent to the northern fence toward the western part of the site. Spaces should not be located under the drip line of any existing tree unless justified by an arborist’s report. The off-street parking spaces (including driveway, aisle widths, aisle lengths, parking bay dimensions and sight distances) should be designed in accordance with AS 2890.1 – 2004.

(c) Reducing the height of the “advertising cube” to 2 storeys i.e. to RL

50.50. (d) Showing all plant equipment proposed in conjunction with the car

wash and shall include type and capacity of any motor or equipment likely to produce noise. An updated acoustic report shall be submitted that specifically addresses noise associated by that equipment and its impact on residents, particularly those residing at 310 Victoria Road.

(e) Indicating the water storage and water recycling measures proposed

to be incorporated into the facility. Consideration should be given to underground water storage tanks.

(f) Showing details of the acoustic screening and measures set out in

the Acoustic Assessment Report dated 31 October 2005 from The Acoustic Group that has been submitted to Council.

(g) Details of the proposed signage, in particular height, colour and

illumination details.


ITEM 2 (Continued)

(h) Details of the proposed awning over the Victoria Road footpath including materials, height above the footpath and distance form the kerb.

(i) Details of fencing along the Gerald Lane frontage to replace the

existing and to provide a visual and noise/light limiting barrier to the adjoining residential properties. The fencing should:

• Be in a similar location to that at present although it should be

adjusted to allow for the additional parking required by condition 1(b) above.

• Be of solid construction and of a green colour if to be of colourbond or similar.

• Contain facilities to access the landscaped are for maintenance purposes.

2. The approval of the RTA shall be obtained to the amended driveways that

are to be for enough apart to allow for the standing of a bus for driver changeover purposes.

Part 2 – General Conditions of Consent The following requirements shall apply upon satisfactory completion of the

requirements outlined in Part 1 of this consent (above).

GENERAL

1. Development is to be carried out in accordance with the plans, details and recommendations arising from any report approved under Part 1 and support information submitted to Council.

2. All building works are required to be carried out in accordance with the

provisions of the Building Code of Australia. 3. Compliance with the Building Code of Australia

a) All building work (other than work relating to the temporary building)

must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made).


ITEM 2 (Continued) b) This clause does not apply to the extent to which an exemption is in

force under clause 187 or 188, in the Environmental Planning and Assessment Regulations 2000, subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4).

4. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

a) A Construction Certificate is to be obtained in accordance with

Section 81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be

notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

c) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

5. Protection of Public Places

a) If the work involved in the erection or demolition of a building is likely

to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

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

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

d) Any such hoarding, fence or awning is to be removed when the work has been completed.

6. The applicant is advised that any erection of signs on advertising structures

not indicated on the development consent plans requires the submission of a new development application to Council.

7. Telephone Installations

Advice should be obtained from your local telecommunications office regarding any telephone lines required to be installed in concrete floors.


ITEM 2 (Continued)

8. The applicant is advised that any erection of signs on advertising structures not indicated on the development consent plans requires the submission of a new development application to Council.

9. Telephone Installations

Advice should be obtained from your local telecommunications office regarding any telephone lines required to be installed in concrete floors.

10. The applicant is advised that any erection of signs on advertising structures

not indicated on the development consent plans requires the submission of a new development application to Council.

Environmental Health Requirements

11. Environmental management plan – The developer to note that the site is

suitable for the purposes of ‘commercial/industrial’ use subject to the compliance with the following environmental management plan:

a. “Environmental Management Plan Former Quix Service

Station, Gladesville (NJ 3575), 312 Victoria Road, Gladesville, NSW, dated 9 December 2005 by URS”

12. Construction and fit-out of food premises - The construction and fitout

of the new food premises must comply with the requirements of: a. Food Safety Standard 3.2.3 Food Premises and Equipment; and b. Australian Standard AS 4674 - 2004 Design, construction and fit-out

of food premises. 13. Construction of walls - The walls of the premises must be constructed of

brick, concrete blocks, preformed panels filled with suitable material or other solid materials.

14. Wall finishes in food preparation areas - The walls in food preparation

areas must be finished with glazed tiles, stainless steel or aluminium sheeting, laminated thermosetting plastic sheeting, polyvinyl sheeting with welded seams or similar impervious material.

15. Wall finishes in other areas - Wall finishes in areas used for the storage

of open food (including coolrooms) must meet the requirements for wall finishes in food preparation areas. In other areas, including storage rooms for packaged goods, whole fruits and vegetables, and equipment, the walls must be finished with an impervious material that is suitable for the area.


ITEM 2 (Continued) 16. Fixing of wall finishes - The wall finishes must be adhered directly to the

wall to provide a smooth even surface free of buckles, ledges, fixing screws, open joints, cracks or crevices.

17. Floor finishes in food preparation areas - The floors in food preparation

areas must be finished to an even surface with ceramic tiles with epoxy grout joints, polyvinyl sheeting with welded seams, epoxy resin or similar impervious material.

18. Coving - In food preparation areas and areas where wet cleaning is

carried out the floors must be coved at the intersections with the walls and any exposed plinths.

19. Floors to be graded to floor wastes - In areas where liquids are likely to

be discharged onto the floor or wet cleaning is carried out the floors must be graded to floor wastes connected to the sewerage system.

20. Dry basket arrestors - All floor wastes in food preparation areas must be

fitted with a dry basket arrestor complying with the requirements of Sydney Water Corporation.

21. Construction of ceilings - Ceilings in food preparation and storage areas

must be constructed of painted plasterboard or other suitable impervious material finished to a smooth even surface free of holes, open joints, cracks or crevices.

22. Drop-in panel ceilings - Drop-in panel ceilings are not permitted over

food preparation areas and areas where open food is displayed or served. 23. External window and door openings - All external window and door

openings must be fitted with fly-proof screens or self-closing fly-proof doors unless other suitable means are employed to keep the premises free from flies.

24. Insect control devices - Insect control devices must not be located over

areas where exposed food is displayed or handled. 25. Lighting - The premises must be provided with adequate lighting for the

activities carried out on the premises. 26. Light fittings - Light fittings in areas where exposed food is displayed or

handled must be designed and constructed to facilitate easy cleaning and


ITEM 2 (Continued) prevent the accumulation of dust or the harbourage of pests, and the contamination of food if the globe or tube shatters.

27. Pipes, conduits and electrical wiring - Where possible all service pipes,

conduits and electrical wiring must be concealed in floors, plinths, walls or ceilings. Alternatively, service pipes and conduits may be fixed on brackets at least 25mm clear of any adjacent vertical surface and at least 100mm clear of any adjacent horizontal surface.

28. Penetrations for services - All penetrations for service pipes, conduits

and electrical wiring must be sealed to prevent the entry of pests. 29. Cavities and voids - Any inaccessible cavities and voids (eg. between

coolrooms and adjacent walls and ceilings) must be suitably sealed so that they are inaccessible to pests.

30. Hand washing facilities - Hand basins must be provided where exposed

food is handled, in equipment washing areas and in or adjacent to toilet cubicles. The hand basins must be readily accessible, of a size that allows easy and effective hand washing, and fitted with hands-free taps and a common spout for the supply warm running water.

31. Hand drying facilities - A towel dispenser that dispenses single-use

paper towels or other suitable hand drying facilities must be provided at each hand basin.

32. Single bowl sink - A single bowl sink must be provided on the premises

for cleaning equipment. 33. Facilities for cleaning and sanitising equipment - A dish washing

machine and/or adequate sinks must be provided on the premises for washing and sanitising equipment.

34. Preparation sink - A dedicated preparation sink must be provided in the

food preparation area. 35. Washing facilities for floors - A cleaner’s sink must be provided in a

separate room or space outside the food preparation area. 36. Hose connections - Hose connections must be provided on the premises

where floors or equipment are to be hosed.


ITEM 2 (Continued) 37. Hot and cold water supplies - All facilities for cleaning and sanitising

must be supplied with hot and cold running water and be connected to the sanitary drainage system. Sinks must be provided with water at a temperature of not less than: a. 45oC for washing operations; and b. 80oC if the sink is used for hot water sanitising.

38. Loading, drainage and drying space at sinks - Adequate space must be

provided adjacent to all sinks for equipment waiting to be cleaned and for draining and/or drying cleaned equipment.

39. Dish washing machines - Any dish washing machine installed on the

premises must be designed so that the rinse cycle only operates when the rinse water is at the required sanitising temperature.

40. Design and construction of fixtures, fittings and equipment - All

fixtures, fittings and equipment must be designed and constructed so as to permit easy and effective cleaning, using materials that are impervious and suitable for their intended use.

41. Sneeze guards - Sneeze guards must be provided where necessary to

protect displayed food from the likelihood of contamination. 42. Safety glass - All glass used in the construction of equipment in which

food is displayed must be safety glass with any exposed edges bevelled where necessary to prevent chipping.

43. Hot and cold food appliances - Every appliance used for the storage or

display of hot or cold food must be capable of maintaining the temperature of the food at: a. 60oC or above (in the case of hot food); or b. 5oC or below (in the case of cold food).

44. Support of fixtures, fittings and appliances - All fixtures, fittings and

appliances must be supported on suitable wheels, plinths, legs, brackets or framework.

45. Installation of fixtures, fittings and appliances - Adequate clear space

must be provided between fixtures, fittings and appliances and any adjacent walls to permit easy access for cleaning or any crevice formed must be effectively sealed with a suitable sealant to prevent the collection of refuse.


ITEM 2 (Continued) 46. Storage facilities - Adequate facilities must be provided on the premises

for the storage of all foodstuffs, equipment, utensils, spare clothing, packaging materials, cleaning products and other articles used on the premises.

47. Chemicals and cleaning equipment. - Cupboards or other suitable

facilities must be provided outside food preparation and storage areas for the storage of chemicals and cleaning equipment.

48. Staff clothing and personal effects - Change rooms or lockers must be

provided outside food handling and equipment cleaning areas for staff to store clothing and personal effects.

49. Paperwork and office materials - An office or other suitable facilities

must be provided for the storage of paperwork and office materials associated with the business.

50. Sanitary facilities - Sanitary facilities must be provided in accordance with

the requirements of the Building Code of Australia. 51. Drainage of car wash areas - The floor of the car wash areas must be

graded to grated drains or collection sumps located within the area and connected to a wastewater treatment and disposal system approved by Sydney Water Corporation.

52. Stormwater to be directed away from car wash areas - All

uncontaminated stormwater from the roof and external paved areas of the site must be directed away from the car wash areas and discharged to Council’s stormwater drainage system.

53. Enclosure of carwash bay - The sides of the carwash bay, other than the

vehicle entry and exit, must be enclosed to prevent splash contamination of the surrounding area.

54. Bunding of above ground storage tanks - All above ground liquid

storage tanks must be bunded to prevent the escape of spills or leaks. 55. Storage of dangerous goods - The storage of dangerous goods must

comply with the requirements of the Dangerous Goods Act 1975 and Dangerous Goods (General) Regulation 1999.

56. Storage of garbage and recyclable materials - A separate room or area

must be provided in a convenient location on the premises for the storage of garbage and recyclable materials.


ITEM 2 (Continued) 57. External garbage storage areas - External areas used for the storage of

garbage must be roofed and paved with concrete graded to a grated drain connected to the sewerage system.

58. Ventilation of rooms - Every habitable room, sanitary compartment or

other room occupied by a person for any purpose (including the staff room) must be provided with adequate natural ventilation or an approved system of mechanical ventilation.

59. Exhaust Hoods - Exhaust hoods must be provided over cooking

equipment where required by the Building Code of Australia, and over any dishwasher or other washing or sanitising equipment that is likely to cause steam to collect on the walls or ceiling.

60. Kitchen exhaust vent - The kitchen exhaust vent must be located above

roof level at least 6 metres from any fresh air intake vent, natural ventilation opening or neighbouring property boundary and at least 8 metres from any cooling tower.

61. Plumbing and drainage work - All plumbing and drainage work must be

carried out in accordance with the requirements of Sydney Water Corporation by an appropriately licensed contractor.

General Engineering Conditions

62. Design and Construction Standards. All engineering plans and work shall be carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

63. Service Alterations. All mains, services, poles, etc., which require

alteration shall be altered at the applicant’s expense. 64. Restoration. Public areas must be maintained in a safe condition at all

times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment.


ITEM 2 (Continued)

65. Road Opening Permit. The applicant shall apply for a road-opening permit where a new pipeline is proposed to be constructed within or across the footpath. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) are required within the road reserve. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.

BEFORE ISSUE OF CONSTRUCTION CERTIFICATE

66. A security deposit (category: other buildings with delivery of bricks or

concrete or machine excavation) is to be paid to Council (Public Works and Services Group) as well as the Infrastructure Restoration and Administration Fee. Please refer to Council's Management Plan for the current fee amounts.

67. An Enforcement levy is to be paid to Council on lodgement of the

Construction Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

68. Documentary evidence of payment of the Long Service Levy under

Section 34 of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

69. Documentary evidence of compliance with Conditions 66 and 67 to the

satisfaction of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.

70. The ceiling/roof area and walls must be fitted with insulation. Ceiling/roof

insulation must be rated R3.0 or equivalent and wall insulation must have an R1.5 or equivalent rating. Insulation of brick cavity walls is not required. Details are to be noted on the plans submitted with the Construction Certificate.

71. Water Efficient Fixtures - Showerheads and toilet cisterns shall be at least

AAA rated water efficient. Bathroom and kitchen taps shall be fitted with aerators and water closets shall have a dual flush cistern. Details are to be noted on the plans submitted with the Construction Certificate.

72. Sydney Water


ITEM 2 (Continued) The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. Please refer to the website www.sydneywater.com.au for:

• Quick Check agents details - see Building, Developing and Plumbing

then Quick Check; and • Guidelines for Building Over/Adjacent to Sydney Water assets - see

Building, Development and Plumbing then Building and Renovating. Or telephone 13 20 92. The consent authority or a private accredited certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

73. The applicant is to submit to and have approved by Council or an

accredited certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

Environmental Health Requirements

74. Shop fitout plans - The shop fitout plans submitted with the development

application do not meet the requirements of Food Safety Standard 3.2.3 Food Premises and Equipment and Australian Standard AS 4674 - 2004 Design, construction and fitout of food premises.

Amended plans must be submitted for Council’s approval. The amended plans must include full details to comply with conditions 12-61.

75. Mechanical ventilation details - Details of all proposed mechanical ventilation systems, and alterations to any existing systems, must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include:

(a) Certified plans of the proposed work, with any alterations coloured to

distinguish between new and existing work; (b) A site survey plan showing the location of all proposed air intakes

and exhaust outlets on the site, and any existing cooling towers, air intakes, exhaust outlets and natural ventilation openings in the vicinity;

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


ITEM 2 (Continued)

(c) A completed Mechanical Services Design Certificate (Form M1) together with a copy of the certifier’s curriculum vitae; and

(d) Documentary evidence in support of any departures from the deemed-to-satisfy provisions of the Building Code of Australia.

Engineering Conditions

76. Drainage Security Deposit. The applicant shall lodge with Council a security deposit of $1,000 prior to the issue of the Construction Certificate to ensure the Positive Covenant has been prepared, lodged and registered and that the onsite stormwater detention system is constructed in accordance with the approval plans; this includes the correct sediment sump construction and fitting of the orifice plate and debris screen in the outlet control pit. Refund of this security deposit will be made on satisfactory completion of the works and notification to Council of lodgement of the Positive Covenant with the Department of Lands.

77. Car Parking. All internal driveways, vehicle turning areas, and parking

space design shall be in accordance with AS 2890.1-2004 with all vehicles are to enter and leave the site in a forward direction

78. Drainage Plans. Plans of the proposed drainage system, including the

on-site detention system and details addressing any overland flow from upslope properties in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management are to be prepared by a suitably qualified and experienced engineer. The engineer is to prepare a certification stating that the landscaping plans have been checked in conjunction with the drainage plans and are compatible.

A works-as-executed survey of any above ground storage basin shall be

prepared to demonstrate that adequate storage volume has been provided and submitted in conjunction with the application for the Occupation Certificate.

A positive covenant shall be executed and registered against the title of any

lot containing an on site detention system to require maintenance of the system in accordance with Council's standard terms.

Any drainage pit within a road reserve, a Council easement, or that may

be placed under Councils’ control in the future, shall be constructed of caste in situ concrete. Details are to be submitted with the Construction Certificate application plans.


ITEM 2 (Continued) 79. On-Site Stormwater Detention. Stormwater runoff from all impervious

areas shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with Ryde City Council’s Stormwater Management Development Control Plan “DCP 41”. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval and direct this to the on-site detention system. Runoff which enters the site from upstream properties should not be redirected in a manner which adversely affects adjoining properties.

The system is to be cleaned regularly and maintained to the satisfaction of

Ryde City Council. RTA Requirements 80. The proposed vehicular driveways off Victoria Road shall be designed in

accordance with AS2890.1-2004 81. The design and construction of the gutter crossing shall be in accordance

with RTA requirements. Details of these requirements should be obtained fro RTA’s Project Services Manager, Traffic Projects Section, Blacktown (Ph 02 8814 2144).

82. If not already in place, full time No Stopping restrictions are to be

implemented along the site frontage and extended to the east (should be south, as property faces east) stopping at the common boundary of No 306-304 Victoria Road at full cost to the applicant.

83. All works associated with the development are to be at no cost to the RTA.

PRIOR TO COMMENCEMENT OF CONSTRUCTION 84. In issuing this approval, Council has relied on the information provided by

you about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works.

85. ‘Dial 1100 Before You Dig’


ITEM 2 (Continued) Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

If alterations are required to the configuration, size, form or design of the

development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgement of an application for a Construction Certificate if this is the case.

86. Signage is to be provided on the site during the entire construction phase

signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

Engineering Conditions 87. Sediment and Erosion Control. The applicant shall install appropriate

sediment control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

88. Compliance Certificate. A Compliance Certificate should be obtained

confirming that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities

89. Road and Traffic Authority Requirements The applicant shall comply

with all the requirements enforce by the RTA. In this regard the conditions as set out in RTA letter to Council dated May 9, 2005 are to be fully complied with

90. Vehicle Footpath Crossings. Concrete footpath crossings shall be

constructed at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and


ITEM 2 (Continued) supervision during construction of vehicle footpath crossings shall be approved and supervised by the RTA. In this regard engineering plans for this work shall be forwarded to the RTA for approval and a RTA approved copy and any conditions attached to the approval shall be submitted to Council.

91. Traffic Management. Traffic management procedures and systems must

be in place and practised during the construction period to ensure safety and minimise the effect on adjoining pedestrian and vehicular traffic systems. Suitable provision is to be made for all construction vehicles to alleviate any need to park on Victoria Road. The RTA will not grant approval for the use of Victoria Road for construction activities. These procedures and systems must be in accordance with the RTA Traffic Control At Worksites Manual. A plan of traffic management is to be submitted to and approved by the RTA and a RTA approved copy of the plan shall be submitted to Council.

DURING CONSTRUCTION 92. The occasions on which building work must be inspected are:

a) at the commencement of the building work, and b) prior to covering any stormwater drainage connections, and c) after the building work has been completed and prior to any

occupation certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

Prior to occupation of the building, an occupation certificate must be

obtained. Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

93. In addition to the abovestated inspections, the Principal Certifying

Authority is required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde's DCP 2006, Part 8.1 - “Construction Activities”:


ITEM 2 (Continued)

a) Sediment control measures. b) Tree Preservation and protection measures. c) Security fencing. d) Materials or waste containers upon the footway or road. e) PCA and principal contractor (the coordinator of the building work)

signage and site toilets.

94. Concrete wastes must be collected, stored and treated in accordance with the Concrete Wastes guide published by the Environment Protection Authority.

95. Only unpolluted water is to be discharged to Council’s stormwater

drainage system.

96. The L10 noise level measured for a period of not less than 15 minutes while demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

97. All excavated material must be removed from the site. No fill is to be

placed above the natural ground level.

98. All demolition and all construction and associated work is to be restricted to between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

99. Site toilets shall be provided in accordance with the WorkCover Code of

Practice entitled “Amenities for Construction Work”.

100. Essential Services - essential services must be provided within the development to the requirements of the Building Code of Australia, the Environmental Planning and Assessment Act 1979 (as amended) and Regulations.

101. Glass doors and fixed panels so located in relation to other parts of the

building as to be capable of being mistaken as a doorway of unimpeded path or travel shall be provided with a Grade “A” Safety Glazing in accordance with AS 2008, Safety Glazing Materials for use in buildings (Human Impact Consideration). All other glazing shall be installed in accordance with Table 1A Appendix “A” of AS 1288 Glass Installation Code.


ITEM 2 (Continued)

102. Panels and doors in paths of travel shall be provided with a midrail, motifs or other approved permanent means of making the panels clearly distinguishable. Safety glass installations that are not carrying permanent safety glass markings in accordance with AS 2208, Safety Glazing Materials for Use in Buildings, shall be either legibly labelled, or a certificate furnished to Council or an accredited certifier and in each case the following information shall be given:

a) Distributor’s or installer’s name. b) Details of the original panel from which the piece was cut.

The original sheet bore permanent “safety glass” markings in accordance with AS 22.08.

103. The doors to the sanitary compartments must be open outwards, slide or

be readily removable from the outside of the compartment unless there is clear space of at least 1.2m between the closest pan and the nearest part of the doorway (3.8.3.3 of the Building Code of Australia).

104. The building shall be constructed to comply with Part F5 of the Building

Code of Australia (Noise Transmission and Insulation).

105. Continuous balustrades shall be provided along the side/s of any stairway or ramp, any corridor, hallway, balcony, access bridge or the like, any path of access to a building if:

a) it is not bounded by a wall; and; b) the change in level is more than one (1) metre, or five (5) risers in the

case of a stairway, from the floor or ground surface beneath except where specific exemptions are provided in the BCA

Balustrades shall prevent as far as practicable: a) children climbing over or through it; b) persons accidentally falling from the floor; and c) objects which might strike a person at a lower level falling from the

floor surface

Balustrade heights and designs shall comply with the BCA Clause D2.16, AS 1170 Part 1. Height above nosings of stair treads, landing, corridors and the like shall generally be not less than 865mm, except in the case of particular locations and specific classes of buildings. Applicants shall check building regulations and ensure compliance.


ITEM 2 (Continued)

106. Suitable handrails shall be provided where necessary to assist and provide stability to persons using the ramp or stairways, located and designed in accordance with the BCA Clause D2.17.

107. Bollards/approved barriers shall be provided adjacent to egress doors and

paths of travel that are likely to be obstructed by vehicles, plant or equipment associated with the use of the premises. BCA Clause D1.10.

108. Sanitary facilities for people with disabilities shall be provided in

accordance with Clause F2.4 Table F2.4 of the BCA and to the standards set out in AS 1428.1.

109. Access for disabled people shall be provided in the building or portion of

the building in accordance with Part D.3 of the BCA and to the standards set out in AS 1428.1.

Environmental Health Requirements 110. Discovery of Additional Information - Council and the Principal

Certifying Authority (if Council is not the Principal Certifying Authority) must be notified as soon as practicable if any information is discovered during construction work that has the potential to alter previous conclusions about site contamination. The discovery of any additional or remnant contamination must be referred to an appropriately qualified geotechnician for action and validation.

111. Further requirements - If additional information is discovered about site

contamination, the proponent must comply with any reasonable requirements of Council.

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE Environmental Health Requirements 112. Connection to sewer - The premises must be connected to the sewerage

system by gravity flow and documentary evidence of compliance must be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) before the issue of an Occupation Certificate.

113. Certification of mechanical ventilation work - A Mechanical Services

Completion and Performance Certificate (Form M2) must be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) on


ITEM 2 (Continued) completion and commissioning of all mechanical ventilation work approved under this consent and before the issue of an Occupation Certificate.

114. Inspection of shop fitout by Council - Council’s Environmental Health

Officer must inspect and approve the shop fitout before the issue of an Occupation Certificate.

Inspections may be arranged by calling Council’s Customer Service Centre on Tel. 9952 8222 at least 48 hours before the inspection is required.

Engineering Conditions

115. Compliance Certificates – Engineering. Compliance Certificates should be obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA: • From the RTA, confirming that all vehicular footway and gutter

(layback) crossings are constructed in accordance with the requirements as set out by them in the letter dated 9th May 2005 that was submitted to Council.

• Confirming that the driveway is constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed internal car park and associated drainage complies with AS 2890.1-2004, the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management

• Confirming that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris.

• Confirming that the vehicular crossing has been removed and the kerb and gutter have been constructed in accordance with Council’s Environmental Standards Development Criteria

116. On-Site Stormwater Detention System - Marker Plate. Each on-site

detention system basin shall be indicated on the site by fixing a marker


ITEM 2 (Continued) plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s Stormwater Management DCP. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed City of Ryde OSD certification form.

117. Positive Covenant, OSD. The creation of a Positive Covenant under

Section 88 of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The terms of the instruments are to be generally in accordance with the Council's draft terms of Section 88E instrument for Maintenance of Stormwater Detention Systems and to the satisfaction of Council.

118. Drainage Construction. The stormwater drainage on the site is to be

constructed in accordance with the approved construction certificate version of the Stormwater Drainage Plan Drawing No: H02 Rev C prepared by Neil Lowry & Associates Pty Ltd.

PRIOR TO OCCUPATION

119. An Occupation Certificate must be obtained from the Principal Certifying

Authority (PCA) and a copy furnished to Council in accordance with Clause 151 of the Environmental Planning and Assessment Regulation 2000 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.

120. A Fire Safety Certificate/s from a suitably qualified person/s is to be

submitted to Council or an accredited certifier (and Council, if Council is not the PCA or an accredited certifier) for all the essential services installed in the building in accordance with Clauses 170 and 171 of the Environmental Planning and Assessment Regulation 2000.

Environmental Health Requirements 121. Provision of Garbage Services - Arrangements must be made with

Council for the provision of garbage services to the premises before occupation commences.


ITEM 2 (Continued)

122. Registration of premises - The operator of the business must register the premises with Council’s Environmental Health Unit before trading commences. Registration forms may be obtained from Council’s Customer Service Centre on Tel. 9952 8222.

123. Notification of business details - The operator of the business must

notify their business details to the NSW Food Authority before trading commences. Written notifications may be lodged with Council, together with the approved fee. Alternatively, notifications may be lodged free of charge via the Internet at www.foodnotify.nsw.gov.au. Notification forms may be obtained from Council’s Customer Service Centre on Tel. 9952 8222.

OPERATIONAL REQUIREMENTS 124. The hours of operation of the proposal are restricted to 7am -7pm

Mondays to Saturdays and 8am – 7pm Sundays. 125. All external glazing having a maximum reflectivity of 20%. 126. The lighting of the premises shall be directed so as not to cause nuisance

to the owners or occupiers of adjacent/adjoining premises or to motorists on adjoining or nearby roads. All proposed lights shall comply with the Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

127. The off-street car spaces approved under Part 1 shall be paved, line

marked and made freely available to staff at all times during business hours of the site.

128. The eastern driveway should be line marked and sign posted as the “Entry

Only” driveway, and the western driveway marked as “Exit Only”.

129. The applicant shall install appropriate signposting in conjunction with the entry signage advising motorists when the Drop Off area is full to prevent entering vehicles from queuing onto Victoria Road.

130. The signs are to be displayed in English language (characters and letters).

Any translation into another language must be: • No larger than the English letters or characters, • Accurate and complete, • Contained with the approved sign size

http://www.foodnotify.nsw.gov.au/


ITEM 2 (Continued) 131. The proposed signs must not have / use:

• Flashing lights; • Electronically changeable messages; • Animated display, moving parts or simulated movement; • Complex displays that hold a drivers attention beyond “glance

appreciation” • Displays resembling traffic signs or signals; and • A method and level of illumination that distracts or dazzles.

132. Any illumination of proposed shall be by internal illumination only and shall

be fitted with a device that cuts power to the illumination when the business is closed

Environmental Health Requirements 133. Alterations to premises - No alterations are to be made to the premises,

including the installation of fixtures, fittings or equipment, without the prior written approval of Council.

134. Car washing to be carried out in carwash bay - All car washing must be carried out within the confines of the carwash bay.

135. Storage and disposal of wastes - All wastes generated on the premises

must be stored and disposed of in an environmentally acceptable manner. 136. Waste containers - An adequate number of suitable waste containers

must be kept on the premises for the storage of garbage and trade waste.

137. Cleanliness of garbage containers - The occupier of the premises must keep all garbage containers as clean as practicable (having regard to their use).

138. Air pollution - The use of the premises, including any plant or equipment

installed on the premises, must not cause the emission of smoke, soot, dust, solid particles, gases, fumes, vapours, mists, odours or other air impurities that are a nuisance or danger to health.

139. Offensive noise - The use of the premises must not cause the emission

of ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.


ITEM 2 (Continued) 140. Amplified sound equipment and public address systems - The use of

amplified sound equipment and public address systems is not permitted unless used in such a manner that the noise cannot be heard in any other premises.

141. Clean water only to stormwater system - Only clean unpolluted water is

permitted to enter Council’s stormwater drainage system. 142. Cleaning wastes and spills - All cleaning wastes and spills must be

collected and disposed of in an environmentally acceptable manner. 143. Clean-up materials to be kept on premises - An adequate supply of

suitable clean up materials must be kept on the premises for cleaning up accidental spills.

144. Operation and maintenance of plant and equipment - The occupier

must ensure that all plant and equipment installed on the premises is:

• maintained in a proper and efficient condition; and

• operated in a proper and efficient manner. 145. Health inspections - Council officers may carry out periodic inspections of

the premises to ensure compliance with relevant environmental health standards and Council may charge an approved fee for this service in accordance with Section 608 of the Local Government Act 1993. The approved fees are contained in Council’s Management Plan and may be viewed or downloaded at www.ryde.nsw.gov.au.

(b) That the persons who made submissions be advised of the decision.

Don J Smith Consultant Town Planner

Liz Coad Manager Assessment

Sue WeatherleyGroup Manager

Environment and Planning


ITEM 2 (Continued) Submissions received. Other submissions outside of map area. Not shown.

COPYRIGHT

© 2007 City of Ryde.© 2007 Land and Property Information NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced without written permission.

City of Ryde

LDA101/2005Development Application

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

Scale: 1:1700 approx.

Date: 10/07/2007

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ITEM 2 (Continued)


ITEM 3 39-41 WHARF ROAD GLADESVILLE. LOT: 1 DP: 716983. Local Development Application for tennis court with lighting, inground swimming pool & landscaping works. LDA 787/2006. Applicant: Adam Pearson. Owner: Mr S & Mrs A Riedel. Date lodged: 29 September 2006. Public Submissions: Initial notification: Five (5) submissions received. Re-notification: Four (4) Submissions received. Councillor Representations: Councillor Tagg.


FILE NO. LDA2006/787

The Manager Assessment Reports 2 July 2007 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. Report Summary This report considers a proposal to construct a tennis court with lighting, inground swimming pool & landscaping. The proposal complies with Council’s Tennis Court Policy and complies with the objectives of DCP 2006 given only a minor variation to the pool coping height is proposed that has been addressed with screen landscaping. A prominent large tree (Hoop Pine) is located to the southern side allotment boundary, close to where the tennis court is positioned. During both notification periods for the development, 9 submissions were received objecting to the development. The 9 submissions received are from the owners of 5 surrounding properties. In addition, a petition signed by 22 people was received with concerns regarding the impacts of the development on the Hoop Pine tree. Concerns of the neighbours mainly relate to the impacts of the development on the Hoop Pine tree however other concerns have been raised which relate to potential noise impacts from the plant room, court lighting, water runoff, loss of amenity, the proposal being an overdevelopment & the visual impacts of the development. The application is recommended for approval subject to conditions. Conditions of approval cover the concerns raised regarding the construction impacts on the Hoop


ITEM 3 (Continued) Pine, noise from the plant room, court lighting, water runoff & loss of amenity. In terms of the visual impacts of the court & court fencing/lights, adequate setbacks are provided in accordance with Council’s Tennis Court Policy, landscaping has been provided which provides screening of the development and the use of black coloured chainwire fencing & light posts will minimise the visual impact of this part of the tennis court. The two court lights located closest to 21 Amiens Street will be fitted with side shades. Reason for Referral to Development Committee: Request from Councillor Tagg. Site (Refer to attached map.) Address : 39-41 Wharf Road GLADESVILLE Site Area : 2561m2 Frontage 44.375 metres Depth 59.18 metres (max) Topography and Vegetation : The site is an irregular shaped allotment with a fall of

2.94m (max) from north to south generally. The site contains many trees and shrubs including one large Hoop Pine tree located close to where the tennis court is being located.

Existing Buildings : Single storey sandstone dwelling and several

outbuildings to north west corner of the site Planning Controls Zoning : Residential 'A' Other : City of Ryde DCP 2006 Ryde Planning Scheme Ordinance, 1979 (RPSO)

ANY COUNCILLOR REPRESENTATIONS: Name of Councillor: Councillor Tagg Nature of the representation: Passing on concerns from neighbour (Barb Kerle of 22 Amiens Street, Gladesville) Date: 13 June 2007


ITEM 3 (Continued) Form of the representation: Email On behalf of applicant or objectors? Objector Any other persons (e.g. consultants) involved in or part of the representation: No Proposal Construction of a concrete tennis court with lighting, inground swimming pool and landscaping works. Lighting for the tennis court will be mounted on 46m high, black coloured posts. Fencing for the tennis court consists of 3.6m high, black coloured chainwire fencing to the south and west sides of the tennis court. Draw nets are proposed along the north and east side of the tennis court to allow these sides to remain open when the court is not in use. The development includes a 13.4m2 (approx) plant room located below the elevated pool terrace to house the pool filter/pump and the dwelling air conditioning unit and a rainwater tank and on-site detention tank with a combined area of 68m2 (approx) are proposed below the south west corner of the tennis court. Landscaping works involve extensive new vegetation being provided on the site consisting of ground covers, hedges, and trees; small surface changes around the site with the use of gravel, sandstone & stepping stones; the placement of outdoor furniture (freestanding bench is being placed to the southern side of the tennis court), metal edging to part of lawn area; tree pruning where required and some tree removal. The swimming pool construction requires the removal of a small brick shed in the rear yard. Background On 29 September 2006, the application was lodged. On 19 October 2006, a letter from Council’s Client Manager (as a result of an initial check of the proposal) raises the following issues:- • a more detailed construction method statement is required as part of the Arborist

information in terms of the protection and on going management of the Hoop Pine;

• the landscape plan is to be amended to acknowledge the large group of palm species towards the northern boundary;


ITEM 3 (Continued) • details for the court lighting are to be submitted which include technical

specifications and light spillage diagrams to assess the potential impacts. On 2 November 2006, a letter from the owner advises:- • that there will be no mass removal of the trees to the northern boundary. Where

necessary one or two minor palms will require removal to allow for the unimpeded growth of the other existing trees (eg jacaranda). The major palms will not be removed.

• That due to rot it will be necessary to remove an existing Camphor Laurel. The tree will be replaced with a tree which grows to a similar scale such as Magnolia Grandiflora.

Officer’s Comments: Tree removal is required to be shown on the plans. Accordingly, trees requiring removal in addition to what is shown on the plans will require the lodgement of a separate tree removal application or notice of intention tree form being lodged with Council.

• At the eastern end of the tennis court, the trees marked as palms are Strelitzias and the tree identified as (Araucaria Heterophylla) should read Hoop Pine (Araucaria Cunninghamiana).

On 9 November 2006, the owner emailed additional construction details from the appointed arborist as well as an engineering drawing showing the court footing details where located close to the tree. The engineering plan shows a grid pattern footing layout consisting of 300mm diameter concrete piers to rock where the slab is located over the rootzone of the Hoop Pine. The section on the engineering plan shows that where the slab is located above the rootzone of the Hoop Pine, the court slab will have weep holes to allow water to pass. The court slab (where located above the rootzone of the Hoop Pine) will sit over a layer of mulch located above top soil that has been placed over the existing ground level. On 26 February 2007, a 7 day letter to the applicant from Council’s Client Manager requests the outstanding information relating to the court lighting. On 5 March 2007, court lighting details were submitted. The information included specifications for the lighting proposed along with a standard brochure and a lighting ‘Lux Distribution Plan’. The Lux Distribution Plan indicates that light will not spill beyond the allotment boundary except over part of the Amiens Street nature strip. On 19 March 2007, the proposal was notified for a 14 day period ending 3 April 2007 and allocated to Council’s Assessment Officer.


ITEM 3 (Continued) On 21 March 2007, a site inspection was carried out by Council’s Assessment Officer. On 10 April 2007, the owner emailed a copy of a response letter sent to the owners of No. 43 Wharf Road in relation to their concerns with the development. The main concerns raised by No. 43 Wharf Road related to loss of vegetation; the Hoop Pine tree; court lighting- “do not want lighting beaming down on our property”; water flow; the visual impacts of the development & the proposal being an overdevelopment. The owner’s letter to the neighbour highlights that the pleasant green view will be maintained due to the fence, hedge and Hoop Pine all being retained; that light posts will be black coloured and will therefore be of minimal impact; that the tennis court will be covered in green synthetic grass and therefore not exposed concrete; new landscaping consists of around 50 trees and shrubs and the use of natural materials eg sandstone; that the court lights will not beam down on 43 Wharf Road as per the Lux Distribution Plan submitted with the application; that court lights will be turned off at 9.30pm (Note: the applicant has proposed since this letter that the lighting be used until 10.30pm); that the development is being carefully designed to protect the Hoop Pine tree; that water runoff will be collected and disposed of in accordance with Council requirements which includes the provisions of two underground water tanks which will allow for the reuse of water for irrigation purposes. On 27 April 2007, after all internal referrals were completed and as a result of a full assessment of the proposal, a letter from Council’s Assessment Officer raised the following issues to the applicant: 1. The filling of the land and construction of retaining walls up to the western side

allotment boundary are not supported.

In this regard, Council’s swimming pool provisions require a distance of 900mm to be maintained at the natural ground level between the allotment boundary and any elevated paving/pool coping to allow sufficient space for amenity screen planting to grow. Accordingly, the plans are to be amended to reflect this requirement. Note: Boundary fencing is not to exceed 1.8m in height.

2. Council requires the pool coping to be 500mm maximum above the natural ground level. The proposal currently shows the pool edge to be up to 620mm above the natural ground level and the paving surrounding the swimming pool up to 770mm approx at the southern end. Provided though that the proposed landscaping adjacent the elevated paving is clearly detailed on the plans, i.e. the type and height sufficient to prevent direct overlooking (i.e. at least 3.5m) towards No 21 Amiens Street, the proposed pool coping level could be supported.


ITEM 3 (Continued) If the neighbours still have concerns with this issue after notification of the amended plans however, consideration should be given to lowering the height of the swimming pool.

3. Heritage Officer Comments:

Assessment of Heritage Significance The siting of a tennis court within the canopy of the existing Hoop Pine will result in potential harm to the tree. The proposal has detailed arboricultural recommendations. The recommendation contained within the submitted arboricultural report should be identified within any approved documentation and be required to be further detailed as part of the construction approval documentation. The proposed construction of a tennis court including landscape screening will not impact on the within vicinity heritage items. The proposed works documented within the submitted Peter Fudge landscape plan includes the removal of all vegetation not identified within the submitted landscape plan and the ripping of soil around the base of the Hoop Pine to a depth of 300mm. The notes contained within the Landscape plan are in conflict with the proposed retention of the pine tree and will need to be amended.

Conclusion The submitted Peter Fudge Landscaping Plan is deficient in not identifying the removal of at least 20 Palm species protected by the TPO towards the northern boundary and containing notes involving the ripping of soil to a depth of 300mm around the base of the existing mature Hoop Pine (Araucaria cunninghamiana) to be retained.

4. Landscape Architect Comments:

The 2561m2 site contains expansive heritage curtilage, much of which will be given over to a full size tennis court and a new swimming pool and surrounds. The site contains a number of mature trees with much of the established planting fronting Wharf Road which will be unaffected by the proposal. The most significant and visually dominant tree affected by the proposed court is a prominent mature Hoop Pine (Araucaria cunninghamiana) growing on the Amiens St frontage.


ITEM 3 (Continued) HOOP PINE: likely impacts Tennis court construction: any potential damage to the roots of the tree has been largely avoided by designing a suspended slab over the entire rootzone. The only potential impact in this case would be the location of the piers, which have not been detailed, however I understand there is usually a degree of flexibility in terms of pier location subject to the occurrence of structural woody roots. Soil moisture: there is potentially a significant impact in the alteration of soil moisture available to the tree. Alteration of moisture levels around mature trees in particular, can send them into decline often leading to the death of the tree. I am not convinced that perforating the slab within the dripline of the tree satisfactorily replicates current soil moisture levels, and that a spreader device should be established upslope of the Pine to allow infiltration. It should be noted that “feeder roots” often extend beyond the canopy of the tree by a factor of 3 or 4 times the dripline radius - in this instance this is potentially 21 -28 metres beyond the trunk of the tree. Tennis court location: The plan shows the slab of the tennis court appearing to physically abut the trunk of the tree. This is not practical in terms of the health of the tree, and the slab needs to be set back at least 500mm or have a scallop designed into the slab to give the tree appropriate space requirements. In this regard the tree is unlikely to increase significantly in girth due to its age, however some level of expansion/movement must be allowed for in the slab design. It is also unclear how the chainwire tennis court fencing is to be designed around the tree, as it also should not abut the trunk of the tree. Pruning: The proposal requires the removal of two lower branches according to the arborist’s report submitted, however I suspect slightly more will have to be removed to accommodate unobstructed play. SWT/OSD construction: A 32000 litre stormwater tank and a 32000 litre OSD tank are proposed under the tennis court slab. The edge of these tanks are 8m from the trunk of the tree. Normally this would be considered a sufficient distance, however, due to the age of the tree (and its susceptibility to construction impacts) it would be wise to conduct a root inspection where the tanks are proposed to be located. This would be best achieved by hand digging a narrow 700mm deep trench at the location of the eastern edge of the tanks to reveal the presence or otherwise of significant woody roots. Note: if bedrock is encountered before the 700mm is achieved there is no need to excavate beyond the rock.


ITEM 3 (Continued)

Other Vegetation There have been objections raised to the loss of vegetation, those items to be removed are considered to be minor, and are subject only to heritage considerations. For example the Pittosporum and Bottlebrush to be removed in the south west corner have little amenity value and are to be replaced by tall hedge planting. It is noted that one of the objections from 21 Amiens is the height of replacement hedging which is similar to the height of existing planting. A solution to this objection may be to off set the hedge planting from the boundary. Conclusion • An exploratory trench should be excavated at the eastern edge of the

stormwater and OSD tanks to reveal any existing tree roots. Note: Council’s Landscape Architect is available to view the trench between 10am and 4.30pm Wednesdays and Thursdays.

• The suspended slab design is considered the best method of construction, however it should not abut the trunk of the tree as currently shown, and should be amended.

• Similarly the drainage design should be amended to include a spreader to divert some of the collected stormwater into the surrounds and the rootzone of the pine.

5. Development Engineer Comments:

The stormwater drainage plan submitted has been assessed and is found to be unsatisfactory as follows: a) No dimensions and levels of the inlet/outlet and overflow pipes have been

shown. b) The orifice size and supporting calculations for the OSD have not been

submitted. c) There are no invert levels of the pits including details of the OSD tank sump

as per Council’s Development Control Plan 2006: - Part 8.2; Stormwater Management have been shown.

d) Gutters, downpipes and pipeline conveying discharge to the OSD tank are to be designed for the 1 in 100 year storm.

6. The Landscape Plan is to be amended so that the correct name is given to the

Hoop Pine On 9 May 2007, the owner submitted justification for court lighting until 10.30pm

as summarised below:

• Council’s tennis court policy permits the use of tennis court lighting up until 10.30pm;

• The neighbours are not adversely affected by the lighting as indicated on the Lux Distribution Plan which shows that the Lux levels at the boundaries of the property are zero. In this regard, the lighting will fall over the subject site and a small part of the nature strip only;


• The closest neighbour (No. 21 Amiens Street) has carried out an independent light assessment and is happy with the lighting provided side shades are fixed (as agreed by both parties) to the two court lights located closest to No 21 Amiens;

• To turn off the lights earlier would mean that for most of the year tennis cannot be played after work due to one of the owners residing at the subject side not usually home before 7.30pm on most nights;

• The use of lighting is likely to only be necessary during the winter months; • The owner does not envisage a game played every night but certainly once or

twice a month at night and would like the freedom to do this without people having to leave work early to get home and play;

• A 10.30pm cut off is appropriate when taking into consideration the distance of the court from the neighbours, the fact that there is a road and street lights between the court and neighbours to the south, except for No. 21 Amiens St where lux readings are zero at the boundary. Also, the court will not be used every night;

On 14 May 2007, amended plans were submitted in response to Council’s letter

dated 27 April 2007. The information submitted included revised drainage details which included details of a new absorption trench located close to the dwelling (to provide water to the Hoop Pine); revised landscaping details showing the slab located 500mm clear of the Hoop Pine tree trunk; the correct name shown for the Hoop Pine tree on the landscape plan; landscaping notes amended so that the existing scattered palms to the northern boundary (which are not shown on the landscape plan) are retained; soil preparation notes amended so that only hand digging occurs where existing tree roots are located; amended architectural pool details showing the fill and retaining wall to the boundary deleted as well as the pool coping/hardstand areas setback a minimum of 900mm from the allotment boundary; the addition of boundary/pool section drawings.

On 21 May 2007, the above mentioned changes were notified to surrounding

properties for a 14 day period ending 5 June 2007. On 30 May 2007, a site inspection was carried out which included Council’s

Assessment Officer and Landscape Architect. During this site inspection the trench


ITEM 3 (Continued) that was requested to be dug by Council’s Landscape Architect was inspected and a height pole was used to assess the impacts of one of the court lights on the canopy of the Hoop Pine. The height pole exercise provided confirmation that two small lower branches of the Hoop Pine will need to be removed to accommodate the court light located under the canopy of the tree (as specified in the Arborist Report submitted with the application). In relation to the trench inspection, the following comments are provided by Council’s Landscape Architect:

• It was revealed by mapping roots within the vicinity of the tanks that only

one minor structural woody root (refer to file photos) will be severed for the construction of the tanks. This is considered acceptable as long as it is conducted under appropriate arboricultural supervision.

• In addition to the above and during the site inspection, the owner amended

a small discrepancy on the Landscape drawing relating to the description of the access door to the stormwater tanks.

REPORT

Submissions The proposal was notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. Notification of the proposal was for two 14 day periods ending 3 April 2007 and 5 June 2007 (amended plans). As a result of the proposal being notified, nine submissions and one petition were received objecting to the development. The issues raised in the submissions and petition are as follows:

− Issues raised from No. 21 Amiens Street: • noise impacts from plant room; • impacts of development on the health and longevity of the Hoop Pine; • court lighting- request no lights at all or that side shades be fixed to the

two lights closest to 21 Amiens Street as agreed by both neighbours; • height of hedging (western boundary) in terms of the impacts on natural

light; • proximity of tennis court fence to boundary and our living area- request

fence to relocated an extra 1m away from property boundary. Note: The owner of the subject site has not agreed to make this change;


ITEM 3 (Continued)

• height of court fencing should be 3m maximum measured from the court slab. Note: The owner of the subject site has not agreed to make this change; and

• loss of privacy from elevated pool terrace and tennis court.

− Issues raised from No. 43 Wharf Road: • visual impacts of court and lights; • concerned about the impacts of the development on the Hoop Pine tree; • concerned about water flow towards 43 Wharf Road; • the removal of trees will spoil the outlook for the property and surrounding

properties in terms of heritage; and • overdevelopment of the historic property.

− Issues raised from No. 21A Amiens Street:

• the tennis court will adversely affect the Hoop Pine which is of historical significance- the court will abut right up to the trunk of the tree. The Hoop Pine is a landmark to be seen from the Parramatta river and further;

• object to clearing of all shrubs & trees purely for aesthetic or lifestyle reasons; and

• concerned plant room is too close to my upstairs bedrooms and downstairs & outside living areas- it should be relocated.

− Issues raised from No. 22 Amiens Street:

• overdevelopment; • Hoop Pine is being put at risk; and • pool and plant room location will adversely impact on No. 21 Amiens

Street.

− Issues raised from No. 52 Wharf Road: • the raised concrete slab seems excessive; • it appears the level of the land will be raised above street level in Amiens

Street- we feel it will look unsympathetic to the surrounding area; • it appears the Hoop Pine will be compromised by the slab; • will court be used for private or commercial use?; • are there restraints on the hours of operation?; and • concerned court lights will impact on our front bedrooms.

− Issue raised in petition:

• “As local residents we the undersigned would like to express our concern that the landmark Hoop Pine on Amiens Street should be conserved and protected from all future developments proposed for 39 Wharf Road, Gladesville.”


ITEM 3 (Continued) Officer’s Comments in relation to the key issues of the submissions: Impacts of development on Hoop Pine tree/significance of Hoop Pine tree

An Arborist Report has been submitted with the application and a detailed assessment of the proposal has been carried out by Council’s Landscape Architect.

Several measures have been put in place to ensure the protection and

maintained health of the Hoop Pine tree. In this regard, the tennis court slab is designed so that a clear distance of 500mm is maintained from the trunk of the tree to allow for growth and movement of the Hoop Pine; conditions of consent have been imposed regarding appropriate tree management and protection measures (See Conditions 1, 17, 18, 19, 28, 29, 30, 31, 38, 39 & 80); the suspended concrete court slab ensures minimal disturbance to the rootzone of the Hoop Pine; and the inclusion of a level spreader under the court slab will allow collected rainwater to be diverted to the rootzone of the Hoop Pine (See Condition 60).

Visual impacts of court, court nets & lights

The court lights & fencing have been appropriately setback from the allotment boundary in accordance with Council’s Tennis Court Policy and are black in colour so as to minimise their visual appearance. The Lux Distribution Plan submitted with the application demonstrates that the court lighting will not spill over onto adjoining private properties. Side shades will be fixed to two of the lights (position as agreed by neighbour at 21 Amiens and owner of subject site) to ensure minimal as possible impact towards No. 21 Amiens. (See Condition 54)

The height of the court slab above the natural ground level has been calculated to be +180mm & +40mm (at the corners located closest to the dwelling) and +1.06m and +450mm (at the corners located closet to Amiens Street). The height of the court slab (where up to 1.06m maximum) is a result of the topography which slopes in the southwest direction. Further, the court is suspended in design to ensure minimal disturbance to the rootzone of the Hoop Pine tree. The court slab will not be visible from Amiens Street due to the dense screen landscaping and paling fencing provided along this boundary. Perimeter landscaping provides screening of the development at all boundaries.

The court slab will be provided with a synthetic grass surface and will not have a concrete finish.

Height of hedge planting adjacent dwelling at No. 21 Amiens Street

As per the request of the owner of No. 21 Amiens Street, a condition has been imposed which requires new hedging adjacent the dwelling at No. 21 Amiens


ITEM 3 (Continued) Street and pool terrace to be maintained at a height of 3m maximum in lieu of 4m maximum. (See Condition 1c.)

It is to be noted that some existing planting adjacent the dwelling at 21 Amiens Street is greater than 4 metres in height. This vegetation will not be required to be reduced in height to 3 metres.

Tennis court use The applicant has advised that the tennis court will be used for private

purposes only. In accordance with Council’s Tennis Court Policy, conditions have been imposed in this regard. (See Conditions 79.)

In terms of the operating hours of the court and lights, conditions have been recommended from Council’s Health Officer. (See Conditions 76 & 78.)

Drainage/water flow New surface water and existing roof water will be directed to the proposed

rainwater tank for reuse on the site. Overflow from the rainwater tank will flow into the onsite detention tank and discharge to the Amiens Street gutter. This is clearly demonstrated on the stormwater plan submitted with the application.

Overdevelopment The proposed development being the construction of a tennis court and

swimming pool is permissible in the residential ‘A’ zone. The proposed development utilises land currently used as lawn however the

post development built upon area will be 45% (approx) which is not excessive. A well landscaped setting will remain.

Privacy Dense hedging proposed along the entire western side boundary will ensure

no direct overlooking towards No. 21 Amiens Street. It is to be noted that the tennis court is sited 640mm below the level of the pool terrace. (See Condition 21 and ‘Pool Coping Height’ comments below the DCP table further in this report.)

Noise Impacts from plant room Council allows swimming pool pumps on residential sites provided the pool

pump is placed in an acoustic enclosure which ensures that the sound emitted from the pool pump does not exceed the background noise level by more than 5dBa when measured at the boundary of the most affected residential premises in the vicinity. A condition has been imposed in this regard (See Condition 73).

In addition to the above condition, Council has imposed conditions which place time restrictions on the use of the pool pump and air conditioner. (See Condition 74 & 75.)


ITEM 3 (Continued)

It is assumed that any intake and exhaust air louvres will be placed where the pool pump and air conditioner will be located which is towards the rear of the plant room. However with no details on the drawings, a condition will be imposed which will restrict the location of the intake and exhaust louvres/vents to the north, south or east sides of the plant room only. (See Condition 20)

If concerns are still raised by the neighbour upon completion of the development, Council will be able to investigate the matter via the complaints process. Given however that the pool pump and air conditioner are enclosed within a solid masonry & concrete enclosure excavated up to 1.2m approx below the natural ground, it is not envisaged that the plant room will cause any noise nuisance to any neighbouring property.

Impacts on heritage setting A detailed assessment of the proposal has been carried out by Council’s

Heritage Officer. No objections have been raised from a heritage perspective provided adequate construction documentation forms part of the Construction Certificate paperwork which will allow for flexibility in the footing design where located within the rootzone of the Hoop Pine (based on what is encountered on the site). (See Condition 17.)

Tree Loss from site The applicant proposes the removal of several insignificant plant shrub

species to the south west corner of the site which are being replaced with hedging. Two larger Gleditsia species are being removed from the front south east corner of the site and are being replaced with mass planting of seven new shrub type species of vegetation. One maple tree and one pittosporum tree require removal as they are in the location of the swimming pool and tennis court.

The new vegetation to be provided on the site will more than compensate for the trees that are being removed.

Hedge planting to the perimeter of the site will be increased and the large Hoop Pine tree will be retained.

Policy Implications

Relevant Provisions of Environmental Planning Instruments etc: Ryde Planning Scheme Ordinance

Zoning

Residential 'A'


ITEM 3 (Continued)

Mandatory Requirements

There are no mandatory provisions of the RPSO that have not been considered elsewhere in this report. In this regard, the heritage provisions of the RPSO have been considered in the assessment that has been carried out by Council’s Heritage Officer.

Relevant SEPPs Nil Relevant REPs Nil Any draft LEPs Nil Any DCP (e.g. dwelling house, villa) DCP 2006 The proposal is in compliance with the above part/s of DCP 2006 as illustrated by the development standards below.

Council's Code

Proposed

Compliance Part 3.3 - Dwelling Houses and Duplex Buildings

Pool Coping Height

Maximum 500mm above natural ground level

The pool coping height ranges from 130mm to 620mm above the natural ground level.

No (refer below table

for comments)

Pool Setback Minimum 900mm to the boundary from the outside edge

The pool coping is setback 900mm (min) and landscaping

Yes


ITEM 3 (Continued)

Council's Code

Proposed

Compliance

of the pool coping to allow for amenity screen planting.

is proposed between the pool coping and the allotment boundary.

Pool Fencing Isolation fencing in accordance with Council requirements, the Swimming Pools Act & AS 1926.

Isolation fencing surrounds the swimming pool.

Yes

Part 7.2- Waste Minimisation & Management

Submission of a Waste Management Plan in accordance with Part 7.2 of DCP 2006.

The applicant has submitted a Waste Management Plan.

Yes

Part 8.2 - Stormwater Management

Stormwater Drainage is to be piped in accordance with Part 8.2 - Stormwater Management.

New surface water and existing roof water will be directed to the proposed

rainwater tank (to be re-used generally for irrigation

purposes). Overflow from the rainwater tank will flow into

the proposed on-site detention tank and discharge

out to the Amiens Street gutter.

Yes

NON COMPLIANCES: 1) Pool Coping Height:

The DCP requires the height of the pool coping to be 500mm maximum above the natural ground level. The applicant proposes a pool coping height of between and 620mm (max) at the south west corner of the pool shell. The departure occurs to the southwest corner of the pool only because of the


ITEM 4 (Continued)

topography of the land which has a fall in this direction. The northern end of the pool has been maintained close to the natural ground level. In summary, no objections are raised because potential privacy impacts have been addressed with existing and new screen landscaping proposed adjacent the elevated pool terrace. Landscaping will be conditioned to be maintained at 3 metres. With the pool terrace a maximum of 820mm high above the natural ground level, the proposed landscaping height of 3m will sufficiently screen people standing on the pool terrace.

2) Tennis Court Policy

Council’s Policy

Proposed

Compliance

The amenities of the neighbourhood are not disturbed by reason of noise, lighting or any other nuisance which may arise from the use of the tennis court. The tennis Court Lighting is not to be used after 10.30pm.

Conditions have been imposed which restrict the use of the tennis court including lighting.

Yes- See Conditions 76,

77 & 78

The tennis court is not to be used for hire or coaching purposes in residential areas

The applicant has advised that the court will be used for private purposes only.

Yes- See Condition 79

The fencing and/or courts are to be sited: • not less than 1m from any

boundary and • shall not encroach upon

building lines. Note: The required building line in accordance with Part 3.3 of DCP 2006 is 2m minimum from the secondary frontage and a setback equal to the building setback at No. 37 Wharf facing the primary frontage.

• The minimum setback of

the tennis court including fencing is 2.27m (setback to west side elevation)

• The tennis court including fencing is setback 2.55m (min) from the secondary frontage (Amiens Street) and 10.719m (min) to the primary frontage (Wharf Road)

Yes

Yes considered acceptable

given that the proposed tennis court is setback

further from Wharf Road

than the tennis court at No. 37 Wharf Road.


ITEM 4 (Continued)

Likely impacts of the Development

(a) Built Environment The proposed development involving the construction of a tennis court and inground swimming pool will not have any adverse impacts on the existing built environment or the amenity of the surrounding area. The visual impact of the development has been minimised through adequate setbacks, use of appropriate materials, time restrictions being placed on the court lighting operating hours and landscaping. The development works around the significant Hoop Pine located on the site.

(b) Natural Environment

The proposed development will have no significant impacts on the natural environment. The applicant’s intention is to retain the Hoop Pine tree and conditions have been imposed which will ensure the protection of the Hoop Pine tree. Extensive new planting is proposed to the site.

Suitability of the site for the development The site is located in the vicinity of several heritage items. In this regard, Council’s Heritage Officer raises no objections to the application from a heritage perspective. The site is within 500m of a land that may contain acid sulphate soils, however the proposal is not considered to result in the ground water being altered at nearby Class 1-4 acid sulphate soil affected sites. In summary, the proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environments. The Public Interest There were no submissions received from any Public Authority. The proposal is not considered to adversely impact upon the interest of the public. Management Plan Linkages N/A. Relationship to Key Outcome Areas


ITEM 3 (Continued) People The assessment of this development application meets the key outcomes for People (set out on pages 32-33 of the Management Plan 2007-2010): • A City that plans for people by identifying their diverse needs and involving them

in decision making to improve their quality of life. Notification of the DA was undertaken in accordance with Part 2.1- Notification of Development Application of DCP 2006. The applicant has been kept up to date of Council processes throughout the assessment of the application. Assets The assessment of this development application meets the following key outcomes for Assets (set out on pages 34-35 of the Management Plan 2007-2010): This matter has no direct relationship to this key outcome area. Environment The assessment of this development application meets the following key outcomes for Environment (set out on pages 36-38 of the Management Plan 2007-2010): • Attractive streets, public places and buildings through better planning and design

which is responsive to community expectations and our local environment. • Clean water through control of pollution entering our waterways and through

protection of these waterways. • A leafy City through parks, gardens, trees and the built environment. • Protected ecological systems and processes that support life and the environment

through actions that safeguard them. • Strong links to the past through protection, conservation and interpretation of our

heritage. The proposal incorporates conditions to ensure the protection of significant vegetation on the site. Further, extensive new landscaping will be provided to the site. Governance The assessment of this development application meets the key outcomes for Governance (set out on pages 39-41 of the Management Plan 2007-2010):


ITEM 3 (Continued) • Improved communication with the community and increased awareness and

understanding of Council’s decisions by the community.

• Members of the community are engaged through involvement in democratic decision making and the promotion of active citizenship.

• Compliance with all legislative requirements and statutory obligations. This DA has been assessed within the current regulatory framework. Notification of the DA was undertaken in accordance with Part 2.1- Notification of Development Application of DCP 2006. Consultation – Internal and External Internal Referrals Development Engineer, 24 May 2007: Council’s Development Engineer raises no objections subject to 15 conditions. (See Conditions 55-71.) Landscape Architect, 6 July 2007: Council’s Landscape Architect raises no objections to the proposal subject to conditions (See Conditions 1, 18, 19, 28, 29, 30, 31, 38, 39 & 80.) Final comments regarding the proposal are as follows: • With regard to the location of the OSD and rainwater tanks, it was revealed by

mapping roots within the vicinity of the tanks that only one minor structural woody root (refer to file photos) will be severed for the construction of the tanks. This is considered acceptable as long as it is conducted under appropriate arboricultural supervision.

• The applicant has addressed my concern of providing a source of soil moisture

to the rootzone, by providing an infiltration trench. I have discussed this matter with the Senior Development Engineer to slightly amend the design so as to provide a “no dig” spreader device to be situated under the tennis court slab, as opposed to the proposed absorption trench design. There has been some criticism that the roof area from which the trench shall draw upon, does not represent a large enough area to replicate the current lawn area, however it should be remembered:

1) the tree would not be absorbing (or otherwise taking advantage of) all the

water that falls or percolates into the lawn area; 2) the spreader will be concentrating flow in a more direct manner to the

critical rootzone of the tree; and 3) Evaporative demands upon the tree will be reduced due to the constant

environment under the slab.


ITEM 3 (Continued)

• No topsoil is to be placed below the court slab or the land generally. Mulch to a depth of 100mm over the existing grade within the rootzone of the tree would be acceptable to maintain a steady moisture level in the soil.

• With the installation of the rainwater spreader under the slab I feel it is no longer

necessary to perforate the slab to deliver water to the rootzone of the tree. The delivery of water via perforations in the slab was always going to be an imprecise method and the spreader is a more controlled and direct way to deliver water to the root zone.

• Deleting the slab perforations would also address concerns expressed in one

objection regarding “chemical leaching” off the slab. I have also attached a condition requiring that no runoff from the curing of the slab is to be allowed to enter the rootzone of the tree.

Environmental Health Officer, 10 May 2007: Council’s Environmental Health Officer raises no objections to the proposal subject to 7 conditions of approval. (See Conditions 72-78.) Heritage Officer, 13 April 2007: Council’s Heritage Officer raises no objections to the proposal subject to one condition requiring a flexible construction management plan to allow for modifications to the engineering details by the builder as required. (See Condition 17.) External Referrals Nil Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. Other Options In relation to the tennis court hours of use (including court lighting hours of use), the Councillors have the option of restricting the hours to other than what is specified in the Tennis Court Policy. This will require modification to Conditions 76 & 78 if this does occur.

CONCLUSION:


ITEM 3 (Continued) The proposal substantially complies with the objectives of DCP 2006 and Council’s Tennis Court Policy. The application is recommended for approval subject to conditions. RECOMMENDATION: (a) That Local Development Application No. 787/2006 at 39-41 Wharf Road

GLADESVILLE being LOT: 1 DP: 716983 be approved subject to the following conditions: GENERAL

1. Development is to be carried out in accordance with the Architectural

Plans prepared by Adam Pearson Design: Drawing No. 00a dated May 2007, 04a dated May 2007, 05 dated September 2006, 06 dated September 2006, 07 dated September 2006, 08 dated September 2006, 09 dated September 2006, 11 dated May 2007, Stormwater Concept Drawing No. SW1 Revision A dated 7.5.07 and prepared by Neilly Davies & Partners Pty Ltd (as amended in red), Landscape Concept Plan No. Job No. 262 dated 30.08.05 (as amended in black pen on 30 May 2007) prepared by Peter Fudge Garden Design; Landscape Concept & Details Plan dated 27.09.06 prepared by Peter Fudge Garden Design, Lux Distribution Drawing No 03-3-A-1 & Tennis Court Lighting Proposal prepared by Versatile Courts dated 3 March 2007, Arborist Report prepared by Australian Tree Consultants Pty. Ltd. dated 14 July 2006, and other support information submitted to Council except as amended by the following or any other condition in this Consent:-

a) Landscape Concept & Details Plan dated 27.09.06 is to be amended

to reflect the details of all of the other approved drawings where inconsistent. Details are to be reflected on the Construction

Certificate plans. b) The tennis court slab is not to be perforated. Details are to be

reflected on the Construction Certificate plans. c) Any new hedge planting to be provided adjacent the dwelling at No

21 Amiens Street and the pool elevated terrace shall be maintained at a

height of 3m maximum. Details are to be noted on the plans submitted

with the Construction Certificate.

2. All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.


ITEM 3 (Continued) 3. Prior to commencing any construction works, the following provisions of

the Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

d) A Construction Certificate is to be obtained in accordance with

Section 81A (2)(a) of the Act. e) A Principal Certifying Authority is to be appointed and Council is to be


f) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

4. The applicant may apply to the Council or an accredited certifier for the

issuing of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be

obtained from Council by telephoning 9952 8222 (Customer Service). 5. Residential Building Work

a) Building work that involves residential building work (within the

meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development to which the work relates: i) in the case of work to be done under the Act: has been informed

in writing of the licensee’s name and contractor licence number, and is satisfied that the licensee had complied with the requirements of Part 6 of the Act; or

ii) in the case of work to be done by any other person: has been informed in writing of the person's name and owner-builder permit number; or has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of “owner builder work” in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.


ITEM 3 (Continued)

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

6. Excavations and backfilling

a) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

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

7. Retaining walls and drainage If the soil conditions require it:

a) retaining walls associated with the erection or demolition of a building

or other approved methods of preventing movement of the soil must be provided.

b) adequate provision must be made for drainage.


e) If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

f) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

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

h) Any such hoarding, fence or awning is to be removed when the work has been completed.

9. Council’s DCP 2006, Part 7.2 – Waste Minimisation and Management,

sets out your obligations for waste management.


ITEM 3 (Continued) PRIOR TO CONSTRUCTION CERTIFICATE

10. Security deposit (category: dwelling houses with delivery of bricks or concrete or machine excavation) is to be paid to Council (Public Works and Services Group) as well as the Infrastructure Restoration and Administration Fee. Please refer to Council's Management Plan for the current fee amounts.



12. Documentary evidence of payment of the Long Service Levy under

Section 34 of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

13. Documentary evidence of compliance with Conditions 10, 11 & 12


14. The applicant is advised that the Construction Certificate plans and

specifications must comply with the provisions of the Building Code of Australia.

15. Sydney Water The approved plans must be submitted to a Sydney Water Quick Check

agent or Customer Centre to determine whether the development will affect any Sydney Water assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped.

Please refer to the website www.sydneywater.com.au for:

• Quick Check agents details - see Building, Developing and Plumbing

then Quick Check; and • Guidelines for Building Over/Adjacent to Sydney Water assets - see

Building, Development and Plumbing then Building and Renovating.

Or telephone 13 20 92.



ITEM 3 (Continued)

The consent authority or a private accredited certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

16. The applicant is to submit to and have approved by Council or an

accredited certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

17. A Tree Construction Management Plan in relation to the Hoop Pine tree is

to be prepared by a suitably qualified person and submitted prior to the issue of the Construction Certificate. The Construction Plan must allow for flexibility in the footing design so that the builder can modify the engineering detail where required.

18. No top soil/fill is to be placed above the natural ground, below the court

slab or the site generally. Mulch with a depth of 100mm is acceptable over the rootzone of the Hoop Pine tree only. Details are to be reflected on the plans submitted with the Construction Certificate.

19. Trees that are to remain on site are to be protected against damage during

construction. All mature trees to remain shall be clearly marked. Suitable tree protection measures that have been prepared by a suitably qualified arborist are to be submitted prior to the issue of the Construction Certificate.

20. Intake and exhaust air louvres to the plant room are to be located on the

north, south or east side of the plant room only. Details are to be reflected on the plans submitted with the Construction Certificate.

21. Screen landscaping with a height of 3m maximum is to be provided

adjacent the elevated pool terrace to prevent overlooking towards No. 21 Amiens

Street, Gladesville. Details are to be reflected on the plans submitted with the Construction Certificate. 22. City of Ryde will not issue a Construction Certificate without evidence of Home Owners Warranty / Owner Builder’s Permit being submitted to

Council.


ITEM 3 (Continued)

23. The pool fence is to be erected around the perimeter of the swimming pool having an effective height of at least 1.2 metres at any point along its length on the outside of the fencing, fitted with a self-closing and locking gate (the latch of which is to be placed on the inner face in such a position as to be out of reach of small children). The pool fence is to be constructed in accordance with the provisions of the Swimming Pools Act, 1992 and Swimming Pools Regulation 1998, except as amended by Council’s requirements to not have openable windows or doors through which access to the pool area can be gained, forming part of the pool fence. Details of compliance are to be reflected on the plans submitted with the Construction Certificate.

24. Outside edge of pool coping shall be set back a minimum of 900mm from

the property boundary to allow sufficient space for amenity screen planting.

25. A site works plan indicating compliance with Council’s DCP 2006, Part 8.1

– Construction Activities, in relation to:

a) sedimentation and pollution controls; b) tree preservation and protection measures; c) security fencing; d) builder’s identification signage and demolition in progress signage;

and e) provision of site toilets

to the satisfaction of Council or an accredited certifier is to be submitted to

Council with the Construction Certificate. PRIOR TO COMMENCEMENT

26. In issuing this approval, Council has relied on the information provided by you about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works.

27. ‘Dial 1100 Before You Dig’ Underground pipes and cables may exist in the area. In your own interest

and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.


ITEM 3 (Continued) If alterations are required to the configuration, size, form or design of the

development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgment of an application for a Construction Certificate if this is the case.

28. Tree Protection Zones are to be established around all trees to be retained

on the site prior to the commencement of any works including demolition or construction.

29. The appointed Consultant Arborist is to inspect the site to ensure that all

required tree protection zones have been established and comply with the approved standard.

30. Site personnel must be made aware of all Tree Protection requirements,

measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on the site.

31. Signage should be erected at all site entry points indicating that Tree

Protection Zones exist within the site. 32. Sediment control works are to be installed and maintained in accordance

with Council’s DCP 2006, Part 8.1 – “Construction Activities”. 33. Signage is to be provided on the site as follows:

During the entire construction phase signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

DURING CONSTRUCTION

34. The occasions on which building work must be inspected are:

a) at the commencement of the 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, wall, roof or other

building element. e) prior to covering waterproofing in any wet areas. f) prior to covering any stormwater drainage connections.


ITEM 3 (Continued)

g) after the building work has been completed and prior to any occupation certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant

standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

Prior to occupation of the building, an occupation certificate must be

obtained. Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

35. In addition to the abovestated inspections, the Principal Certifying

Authority is required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde's DCP 2006, Part 8.1 - “Construction Activities”:

a. Sediment control measures. b. Tree Preservation and protection measures. c. Security fencing or other suitable method that prevents unauthorised

entry of the site. d. Materials or waste containers upon the footway or road. e. PCA and principal contractor (the coordinator of the building work)


36. Council recommends that a Registered Surveyors check survey certificate be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages:

a) Prior to pouring of concrete relating to the swimming pool shell and

prior to the construction of the tennis court slab showing the area of the land, proposed buildings and the boundary setbacks and verifying that the proposed buildings are being constructed to the approved levels.

b) On completion of the proposed building showing the area of the land, completed building and the boundary setbacks.

37. In addition to the mandatory inspections above, the following other stages

of construction are to be inspected by the Principal Certifying Authority or another accredited certifier approved by the Principal Certifying Authority:


ITEM 3 (Continued)

a) Pool fencing installed prior to pool being filled with water. b) Landscaping, water depth markers displayed within the pool,

resuscitation poster being within plain sight of pool.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

38. The applicant shall appoint a supervising site arborist who is to oversee

the construction of the tennis court slab in relation to its impact upon the Hoop

Pine. The arborist shall provide advice to the builder in relation to the location of piers and shall determine and enforce an exclusion zone within the critical rootzone, where plant and machinery are excluded, and pier holes are to be excavated by hand. The arborist shall ensure that no runoff from the curing of the slab enters the rootzone of the tree.

The finished levels of the slab shall be designed so that no surface water from the tennis court slab is directed towards the rootzone of the Hoop Pine. The supervising site arborist is to provide a fortnightly activity report to the PCA (and Council if Council is not the PCA) outlining any arboricultural supervision of construction activity, and note the general condition of the tree.

39. Pruning of the Hoop Pine is to only occur to the lower branches to allow the court fence/light tower construction and general play, as outlined in the Arborist Report, prepared by Australian Tree Consultants Pty. Ltd dated 14 July 2006. The work is to be done by a qualified arborist in accordance with AS 4373 2007 Pruning of Amenity Trees.

40. Only unpolluted water is to be discharged to Council’s stormwater

drainage system. 41. The L10 noise level measured for a period of not less than 15 minutes

while demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

42. All excavated material must be removed from the site. No fill is to be

placed above the natural ground level.


ITEM 3 (Continued) 43. All demolition and all construction and associated work is to be restricted

to between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

44. In relation to demolition, all work is to be carried out in accordance with the

requirements of AS 2601-2001 (The Demolition of Structures). 45. No spoil, stockpiles, building or demolition material is to be placed on any

public road, footpath, park or Council owned land. 46. Site toilets shall be provided in accordance with the WorkCover Code of

Practice entitled “Amenities for Construction Work”. 47. Lighting if installed is to be arranged in such a manner as not to interfere

with the comfort and enjoyment of the neighbourhood. 48. The pool is to be kerbed and/or drained to prevent surface water gaining

within and at each end of the swimming pool. 49. Provide resuscitation chart containing warning “YOUNG CHILDREN

SHOULD BE SUPERVISED WHEN USING THIS POOL” located in the immediate vicinity of the pool area so as to be visible from all areas of the pool.

50. Water depth markers are to be displayed at a prominent position within

and at each end of the swimming pool. 51. The swimming pool shall be connected to the Sydney Water sewer for

discharge of wastewater.

PRIOR TO OCCUPATION CERTIFICATE

52. Documentary evidence that new landscape planting has been provided in accordance with the approved plans/details, is to be submitted to the Principal Certifying Authority (Council or an accredited certifier).




ITEM 3 (Continued) 54. Side shades are to be fitted to the two western court light posts as agreed

by the owners of the site and the owners of No 21 Amiens Street, Gladesville. Written agreement that both parties agree to how the side shades are positioned is to be submitted to the PCA.

General Engineering Conditions

55. Design and Construction Standards. All engineering plans and work shall be carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

56. Service Alterations. All mains, services, poles, etc., which require


times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

58. Road Opening Permit. The applicant shall apply for a road-opening

permit where a new pipeline is proposed to be constructed within or across the footpath. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) are required within the road reserve. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.

Engineering Conditions to be complied with Prior to Construction Certificate

59. Drainage Security Deposit. The applicant shall lodge with Council a

security deposit of $1,000 prior to the issue of the Construction Certificate to ensure the Positive Covenant has been prepared, lodged and registered and that the onsite stormwater detention system is constructed in


ITEM 3 (Continued)

accordance with the approval plans; this includes the correct sediment sump construction and fitting of the orifice plate and debris screen in the outlet control pit. Refund of this security deposit will be made on satisfactory completion of the works and notification to Council of lodgement of the Positive Covenant with the Department of Lands.

60. On-Site Stormwater Detention. Stormwater runoff from all impervious

areas shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. The minimum capacity of the drainage system conveying runoff to the OSD tank shall be designed for a 100 year, 5 minutes duration storm event. Overland flow paths are to be provided to convey runoff safely downstream when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval. Runoff which enters the site from upstream properties should not be redirected in a manner which adversely affects adjoining properties.

Additionally, the stormwater absorption trench coming off line L8c shall be

deleted and replaced with a 5m, 100 mm diameter slotted surface spreader pipe located under the tennis court and immediately upstream of the Araucaria tree canopy as shown in red on the approved stormwater drainage plan S06066-SW1 revision A dated 7/5/07 by Neilly Davies & Partners Pty. Ltd

61. The system is to be cleaned regularly and maintained to the satisfaction of

Ryde City Council. 62. Water Tank First Flush. A first flush mechanism is to be designed and

constructed with the water tank system. Details of the first flush system are to be submitted with the Construction Certificate application.

63. Erosion and Sediment Control Plan. An Erosion and Sediment Control

Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.

64. The following details are to be included in drawings accompanying the

Erosion and Sediment Control Plan :


ITEM 3 (Continued)

a. Existing and final contours b. The location of all earthworks, including roads, areas of cut and fill c. Location of all impervious areas d. Location and design criteria of erosion and sediment control

structures, e. Location and description of existing vegetation f. Site access point/s and means of limiting material leaving the site g. Location of proposed vegetated buffer strips h. Location of critical areas (drainage lines, water bodies and unstable

slopes) i. Location of stockpiles j. Means of diversion of uncontaminated upper catchment around

disturbed areas k. Procedures for maintenance of erosion and sediment controls l. Details for any staging of works m. Details and procedures for dust control.

Engineering Conditions to be complied with Prior to Commencement of Construction

65. Sediment and Erosion Control. The applicant shall install appropriate



confirming that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities.

Engineering Conditions to be complied with Prior to Occupation Certificate

67. Compliance Certificates – Engineering. Compliance Certificates should

be obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA:


ITEM 3 (Continued)

• Confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management.


68. Work-as-Executed Plan. A Work-as-Executed plan signed by a

Registered Surveyor clearly showing the surveyor’s name and the date, the stormwater drainage, including the on-site stormwater detention system if one has been constructed and finished ground levels is to be submitted to the Principal Certifying Authority (PCA) and to Ryde City Council if Council is not the nominated PCA. If there are proposed interallotment drainage easements on the subject property, a Certificate from a Registered Surveyor is to be submitted to the PCA certifying that the subject drainage line/s and pits servicing those lines lie wholly within the proposed easements.


detention system basin shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed City of Ryde OSD certification form.




constructed in accordance with the Construction Certificate version of Stormwater Drainage Drawing No. SW1 Revision A dated 7.5.07 prepared by Neilly Davies & Partners Pty. Ltd (as amended in red).


ITEM 3 (Continued)

OPERATIONAL/ ENVIRONMENTAL HEALTH CONDITIONS

72. Offensive noise - The use of the premises must not cause the emission of ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

73. Noise from plant and equipment - The operation of any plant or

equipment installed on the premises must not cause the emission of noise that

exceeds the background noise level by more than 5dBA when measured at the boundary of the most affected residential premises in the vicinity.

74. Time restrictions on use of swimming pool plant - The swimming pool

plant must not be used:

(a) before 8.00am or after 8.00pm on any Sunday or public holiday; or (b) before 7.00am or after 8.00pm on any other day if the noise can be

heard inside a habitable room of a neighbouring residence. 75. Time restrictions on use of air conditioner - The air conditioner must

not be used: (a) before 8.00am or after 10.00pm on any Saturday, Sunday or public

holiday; or (b) before 7.00am or after 10.00pm on any other day, if the noise can be

heard inside a habitable room of a neighbouring residence. 76. Time restrictions on use of tennis court - The tennis court must not be

used before 8.00am or after 10.30pm on any day. 77. Tennis court lighting - The tennis court lighting must not cause a

nuisance to neighbouring residents. 78. Time restrictions on use of tennis court lighting - The tennis court

lighting circuit must not be used before sunset or after 10.30pm on any day.

79. The tennis court is not to be used for commercial purposes. In this regard,

the court is not to be used for hire or involve the payment fees/charges.

POST OCCUPATION CERTIFICATE

80. Following completion of the construction of the court, a six monthly inspection and report is to be carried out by the supervising site arborist, and the report is to be submitted to the PCA (and Council). Four reports are to


ITEM 3 (Continued)

be submitted for a two year period. The reports should outline any remedial or maintenance measures undertaken in the period.

(b) That the persons who made submissions be advised of the decision. Liz Coad Amanda Esposito Manager Assessment Assessment Officer Environment & Planning Environment & Planning


ITEM 3 (Continued) Submissions received. Other submissions outside of map area. Not shown.

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070



Date: 11/07/2007

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ITEM 3 (Continued)


ITEM 4 80-82 QUARRY ROAD RYDE. LOT: A DP: 406708. Local Development Application for Urban housing development (4x3 bedroom dwellings & 2x2 bedroom dwellings) and strata subdivision. LDA 999/2006. Applicant: Martin & Spork Pty Ltd. Owners: H H Nader & Brand New Homes Pty Ltd. Date lodged: 21 December 2006. Public Submissions: Two (2) received.


FILE NO. LDA06/999

The Manager Assessment Reports 9 July 2007 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. Report Summary This report considers an application for construction of an urban housing development consisting of 6 dwellings (4x3 bedroom dwellings & 2x2 bedroom dwellings). The proposal consists of dual row development on 2 allotments that will be amalgamated. The development is proposed on a corner lot. The two dwellings facing Quarry Road will have first floor contained in the roof space. Twelve (12) car-parking spaces are proposed on the site. The development generally complies with the provisions of the Ryde Planning Scheme Ordinance (RPSO) and Part 3.6 - Urban Housing provisions of the Development Control Plan 2006 (DCP), except for the requirement that garages be located so that they separate individual dwellings, minimum floor to ceiling height for bedrooms in the roof space, type of fence along part of secondary frontage and minimum separation between bedroom window of unit 6 & living room window of unit 1. The Development Engineer has advised that there are outstanding stormwater issues which could be addressed through a Deferred Commencement Consent, should this application be approved. Despite the non-compliances, the proposed development meets the objectives of the design standards prescribed in the DCP. The proposed variation to the standard will not significantly affect the amenity of any adjoining property or the streetscape. Two (2) submissions were received. It is recommended that the application be approved as a Deferred Commencement Consent subject to conditions.


ITEM 4 (Continued) Reason for Referral to Development Committee: Nature of development and submissions received. Site (Refer to attached map.) Address : 82 Quarry Road RYDE Site Area : 1837.1m2 (2 allotments) Frontage 35.43m metres Depth 45.7 metres (approximately) Topography and Vegetation : The site slopes away from Quarry Road (2m fall to the

rear), has sparsely located shrubs and trees. Existing Buildings : Single storey dwellings on each lot. Planning Controls Zoning : Residential 'A' Other : Ryde Planning Scheme Ordinance Development Control Plan 2006 BASIX (Building Sustainability Index) Any Councillor Representation: Nil. Proposal Urban Housing development - proposal consists of 4 x 3 bedroom and 2x2 bedroom dwellings:

- Consists of dual row development - Dwellings facing the street are two storeys (first floor in the roof space)

Integrated Development The development includes ‘strata subdivision of residential land’ therefore the proposal is deemed an Integrated Development for the purposes of Section 100B of the Rural Fires Act, 1997. Under the Act, General Terms of Approval and Bushfire safety authority must be obtained from the NSW Rural Fire Service before Council can grant Consent to the proposed development.


ITEM 4 (Continued) Background

Two Pre-lodgment meetings were conducted. The applicant was advised of Council’s requirements with respect to the development.

The application was lodged on 22 December 2006. Referrals were made to the Traffic/Access Engineer, Development

Engineer and Rural Fire Services. The application was advertised and notified for 30 days (integrated

application). Two (2) submissions were received. On 6 March 2007, the RFS issued a Bushfire safety authority. An assessment of the proposal raised a number of issues. On 3 April

2007, the applicant was requested to address the following issues: - Comply with stormwater requirements - Minimise cut & fill - Address privacy issues - Access to courtyard and layout of garages - Landscaping - Comply with BASIX - Address issues in the submissions

No response was received from the applicant, a reminder letter was sent on 14 May 2007.

Amended details and additional information was received on 15 May 2007. The nature of changes made to the proposal did not warrant a re-notification of the proposal.

The proposal was reassessed and its compliance with Council’s requirements has been indicated in this report. The Development Engineer has advised that the information required in relation to the stormwater disposal on the site has been only partially provided.

REPORT

Submissions The proposal was advertised and notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. The application was advertised on 24/01/2007. Notification of the proposal was from 24/01/07 until 22/02/2007. Two (2) submissions were received. The issues raised in the submissions are discussed below: a) The trees on the border of 82 and 84 Quarry Road if removed will have an effect

on the existing possum family and impact on the privacy of adjoining residence.


ITEM 4 (Continued)

Assessment Officer’s Comments The northern corner of 82 Quarry Road that adjoins the objector’s site has sparsely located shrubs (all below 5m in height) and would be exempt from planning controls or the tree preservation order (TPO). These shrubs could be removed by the owner without consent from Council. The proximity of the shrubs to Quarry Road (traffic noise) and sparsely located nature of the plants & inadequate canopy of the shrubs hardly makes it a permanent habitat for possums as per information contained on Department of National Parks website (http://www.nationalparks.nsw.gov.au/npws.nsf/Content/The+brush-tailed+possum). Even if the shrubs are to be retained, the proposed redevelopment works on the site will render the site unsuitable for temporary visits by possums. In order to address the privacy issues arising from the removal of the shrubs, the site will be landscaped with shrub planting along the common boundary. Species such as Endeavour Bottlebrush (grows up to 2 – 3 m at maturity) will be planted along the side boundary in front of the building alignment and Purple Sticky Hop Bush (grows up to 2-3m) will be planted next to the court yard of dwelling 1. In addition a 1.8m high boundary fence will be erected along the side boundary. No overlooking would be possible from the living areas.

b) The existing house may contain asbestos and should be demolished

appropriately.

Assessment Officer’s Comments

Consent has been granted for the demolition of the dwelling houses (LDA06/375). The demolition works will be carried out in accordance with the requirements of Australian Standards 2601-2001 (The Demolition of Structures). All work involving asbestos products and materials, including asbestos-cement sheeting (i.e. fibro) would be carried out in accordance with the latest guidelines for asbestos work published by WorkCover New South Wales. Specific conditions have been recommended for the works to be carried out as required under the law. Under the terms of the Consent, the applicant is required to notify the occupiers of the neighbouring properties at least seven (7) days before demolition work commences by placing a written notice in their letter boxes. The applicant will also have to advise Council of the proposed commencement date.

c) The 2 front villas are located 7.5m from the front boundary, whereas existing

house is approximately 15 to 16 metres away. This is not in line with other houses in the street.

http://www.nationalparks.nsw.gov.au/npws.nsf/Content/The+brush-tailed+possum

http://www.nationalparks.nsw.gov.au/npws.nsf/Content/The+brush-tailed+possum


ITEM 4 (Continued)


Currently the street does not have a consistent front setback. For example, No 84 is setback 11m whereas No 86 is setback 7.6m and No. 78 is setback 6.4m. More recent buildings are setback 6.5 – 7.5m. It is noted that the streetscape is likely to change in the future. Applying the controls under the DCP, a 7.5m setback is appropriate for the site and complies with Council’s Development Control plan.

d) The proposal will increase and over populate the street.

Assessment Officer’s Comments The proposed urban housing development meets the objectives and demand for alternate housing choice in the City of Ryde. The site is reasonably large and complies with the minimum site area, density, design, car parking and landscaping requirements. A total of twelve parking spaces will be provided on the site including two spaces for visitor parking. The current road and services infrastructure is capable of accommodating the additional increase in housing density. Further demands on open space and drainage infrastructure would be compensated through a development contribution made under Section 94 of the Environmental Planning and Assessment Act, 1979.

e) Traffic concerns.


Off-street car parking has been provided on the site as required under Council’s Development Control Plan. Adequate vehicular turning area has been provided in the design to enable vehicles to exit the site in a forward direction. Council’s Traffic Engineer has reviewed the proposal and raised no objection.

f) Cause noise pollution, impact on amenity and privacy

Assessment Officer’s Comments It is unlikely that the proposed development will cause noise pollution or have any significant impact on privacy or the amenity of the neighbourhood other than the noise during the construction period. The proposal entails a combination of 2 bedroom and 3 bedroom urban housing development. Under Council’s DCP, the design requirements for such developments are more stringent in relation to the location of the driveway, placement of car parking areas, setback of the dwellings from the side boundaries, privacy requirements and landscaping. In this regard the proposal has following merits:


ITEM 4 (Continued) • The driveway is located in the central part of the lot, away from any

common side boundaries. • The side and rear setbacks are generous, that is, 3m – 5m along its side

boundary and 4m – 7.5m along its rear boundary. This aids in acoustic and visual privacy for the neighbours,

• Incorporates boundary fencing (replaced where necessary) and landscaping planting. This will contribute to aesthetic improvement and increase privacy.

• The air-conditioning units are placed a minimum of 3.5m away from the common side or rear boundaries. A condition has been recommended so that the noise level does not exceed 5dB above the background noise (see condition 113).

• A comprehensive landscaping of the site, including the front setback, courtyards and the rear.

• The court yards are generally at natural ground level to minimise overlooking.

• The first floor has been contained in the roof space so that the height is minimised. The first floor consists of bedrooms and bathrooms only.

• Construction times will be restricted to between 7:00am – 7:00pm. g) During winter months the development will cast shadows over No. 1 Ivy Street.

Assessment Officer’s Comments No.1 Ivy Street is located to the rear (south west) of the development site. The proposed development (units 3 & 4) are single storey and does not cause significant shadowing on the rear properties. Shadow analysis indicates that No.1 Ivy Street will not be shadows after midday on June 22 and more than 3 hours of sunlight would be available to its principal recreation areas.

h) Quarry Road is not wide enough to accommodate street parking so any overflow

parking from the proposed development will need to be accommodated in Ivy Street which already congested by resident parking.

Assessment Officer’s Comments Adequate off street parking will be provided on the site including parking spaces for visitors.

i) The rubbish bin enclosure is proposed directly against the boundary fence. This is

unacceptable as it has the potential to lead to unpleasant odours that detract from the enjoyment of my outdoor living area.


ITEM 4 (Continued)

Assessment Officer’s Comments The proposed storage bins will have 240L storage capacity with lids that can be kept closed. The garbage bin storage enclosure will be constructed of 1.3m high rendered brick wall with concrete floor and is designed to screen the cart from view. The enclosure will be offset from the boundary so that it is independent of the fence (see condition 32). The top of the fence will be approximately 600mm above lid of the bins and will provide adequate buffer for potential visual, noise and smell problems. It is further noted that the dwellings located on the neighbouring properties are further away from the common rear boundary than the proposed unit no. 4. The storage area has been located away from habitable room windows of dwellings within the development and dwellings on adjoining properties and therefore complies with Section 4.8 of the Urban Housing Provisions of the DCP.

j) The approval of this development could set a precedent and open the way for

further dual occupancy dwellings within Ivy Street.

Assessment Officer’s Comments Urban housing and duplex developments must meet linear separation, minimum lot size and other site suitability criteria set out under Council’s DCP. Under the linear separation requirement duplex or urban housing development must be separated by twice the distance of its frontage. All future developments will be assessed on their merits.

Policy Implications

Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning The subject site is zoned Residential 2(a) under the Ryde Planning Scheme Ordinance. The proposed works are permissible with the consent of Council provided the site complies with the linear separation requirements.

Mandatory Requirements

Clause 56A specifies that an urban housing development shall not be erected on an allotment that is not hatchet-shaped, unless it has a site area of not less than 300 square metres for each 1, 2, and 3 bedroom dwelling and 365m2 for each 4 bedroom dwelling.


ITEM 4 (Continued) The subject site has an area of 1837.1m2. The proposed 4 x 3 bedroom dwellings and 2 x 2 bedroom dwellings would require 1800m2 of site area. The proposal fully complies with Council’s minimum site requirements.

(b) Relevant State Environmental Planning Policy

Building Sustainability Index: BASIX 2004 A BASIX Certificate has been submitted for the proposed development. Two dwellings require rainwater tanks. A 3300L and 3000L rainwater tanks have been proposed for dwellings 3 & 4 respectively. Details of the BASIX commitments are included in the BASIX Certificate accompanying the application. The minimum requirements for water and energy saving targets have been met. Compliance with the BASIX commitments has been recommended (see condition no.1). The BASIX commitments are presented in the table below:

BASIX Proposed Compliance Landscaping Low water use vegetation Dwelling 2

Mostly low water consuming species

Yes

Rainwater Tank Installation of rainwater tank 2 dwellings

Dwelling 3 = 3300L Dwelling 4 = 3000L

Yes Yes

Hot Water Gas Instantaneous 3 star for all units

Gas Instantaneous – 3 star all units

Yes

Natural Lighting Install window/ skylight in the kitchen All dwellings

All kitchens have windows (natural light)

Yes

Install window/ skylight in bathrooms/toilet Unit 1 = requires in 2 Unit 2 = requires in 2 Unit 3 = requires in 2

Unit 1 = 1 skylight & 1 window Unit 2 = skylights in both. Unit 3 = skylights in both.

Yes Yes Yes


ITEM 4 (Continued)

BASIX Proposed Compliance Unit 4 = requires in 2 Unit 5 = requires in 2 Unit 6 = requires in 2

Unit 4 = 1 skylight & 1 window Unit 5 = skylights in 3 toilets Unit 6 = windows in 2 toilets

Yes Yes Yes

Thermal Comfort Restriction on window sizes based on orientation N/A

N/A

N/A

Thermal Score PASS PASS Yes Energy Score 35 37 Yes Water Score 40 40 Yes

Details required at the development assessment stage have been provided on the plans. Further details for the 3A rated fixtures and insulation requirements would be submitted with the Construction Certificate plans and specifications in accordance with BASIX commitments.

State Environmental Planning Policy No.55 – Remediation of Land State Environmental Planning Policy No.55 (SEPP55) applies to the proposed development.

No site investigation is required because the site has a well established history of use for residential purposes. There is no evidence of any previous commercial or industrial uses. There is no evidence that the land is contaminated.

(c) Relevant Regional Environmental Plans

N/A (d) Any draft Local Environmental Plans

N/A (e) Any Development Control Plan


ITEM 4 (Continued)

City of Ryde Development Control Plan 2006:

Part 3.6 – Urban Housing Development Part 7.2 – Waste Minimisation & Management Part 8.2 – Stormwater Management City of Ryde – Section 94 Contributions Plan No. 1 The proposal is in compliance with the above parts of DCP 2006 as illustrated by the development standards below.

Part 3.6 URBAN HOUSING

PROPOSAL

COMPLIANCE

1.0 Introduction To provide housing choice & to preserve & enhance existing residential amenity

A mix of 2 & 3 bedroom urban housing dwelling designed to suit the site.

Yes

2.1 Site analysis plan Site Features Designed around

site features

Min area: 600m2 1837.1m2 (2 lots) Yes Min Frontage: 20m 35.43m (combined) Yes

2.2

Hatchet lot: unsuitable N/A N/A 2.3 Non preferred Location

Check Maps Site is not identified as unsuitable location

Yes

2.4 Linear Separation No Duplex or Villas to be within 2 times its frontage on adjoining sides

Proposal complies with this requirement

Yes

2.5 Retention of Existing House If Heritage significant Min A:740m2, F:20m,D:3m

Existing not being retained

Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

Density (area exclusion apply- FBL etc)

1X2 or 3 bed = 300m2 6 x 300m2 = 1800m2 Yes

2.6

1X4 bedroom= 400m2 N/A Site area= 1837.1m2

Yes

2.7 Number of dwelling < 12 2.8 Dwelling Mix

If number dwellings > 4, then < 75% can have same number of bedrooms

Proposal consists of 4 x 3 bedroom and 2x2 bedrooms

Yes

3 Site Planning Provide site analysis plan

Provided

Yes

Slope Slope > 1:6 not acceptable Slope = 1:23 Yes Cross fall >1:14 not acceptable

Cross fall = 1:22 Yes

Dwelling to address Street (door)

Both of the front dwellings addresses the streets

Yes

3.1

FGL to be similar to adjoining site

Similar to adjacent sloping site

Yes

Altering Levels No fill to be brought on site Condition 73

recommended Yes

Levels altered < 300mm Eg. Courtyard

Generally acceptable

Yes

Basement Garage not permitted

No basement garage

Yes

Minimise retaining walls & steps

Minimised Yes

3.2

Private open space to be at natural ground level

Generally at natural ground level except for Unit 4 paved area in the courtyard

Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

3.3 Storey & Height 3.3.1 Storey

Must be single storey but only front unit can be 2 storey if it is not attached to other 2 storey & adjoining is suitable in terms of streetscape (see 3.3.2).

Both front dwelling units are 2 storey (1st floor in roof space) and not attached to other 2 storey dwelling

Yes

Corner Lot: • 2 storey unit to face

shortest street frontage

• 2 storey to be sensitive to topography, location, ht. & size.

Faces Quarry

Road (shorter frontage).

Height minimised & first floor in roof space

Yes Yes

3.3.2 Height Controls Height of single storey part

< 3.7m 2.15m - 3.25m Yes

Floor to ceiling height > 2.7m

2.7m ground floor 2.04m – 2.7m Attic

Yes No1

If adjoining 2 storey, then front unit can have 2 storey with 7m height & 9m overall ht.

Adjoining 1 storey so front unit has 2nd storey in roof space.

Yes

If adjoining dwelling 1 storey, then front unit can have another storey in roof space with 6.5m height & 8m overall height.

Adjoining 1 storey so front unit has 2nd storey in roof space. Ceiling height: 5.9m Overall height: 6.9m

Yes

3.4 Site Coverage (excl. access handle etc)

Site Coverage to be less than 40%

(716.5m2) 39.9% Yes

Pervious area to be greater than 35%

(644.7m2) 35.09% Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

3.5 Setbacks Front setback – Regular

Lot

• Average of adjoining if difference > 2m

N/A N/A

• Same as adjoining if difference < 2m

N/A N/A

• Allow variation of 1m less than above for 50% elevation for irregular elevation, if it doesn’t affect adjoining property.

N/A

N/A

• If streetscape is to change then 7.5m for 50% elevation and 6.5m for 50%

7.5 m Yes

Front setback–Hatchet Shaped Lot

• Provide vehicle turning area

N/A N/A

Front Setback – Secondary Street

• Walls of buildings to be set back 4.5m

4.5m – 7.5m Yes

Side and Rear Setback • 4.5m required (possible

variation to 3.0) Sides: 3.0 – 4.5m Rear: 3.5 – 17.5m

Yes Yes

• If side driveway then 6.0m required

Driveway in the middle

N/A

• Existing trees not be located in courtyard

Existing 2 trees will be removed from the court yard areas

Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

Internal Setbacks • Windows of habitable

rooms of one dwelling not to overlook another

Design minimises overlooking

Yes

• Min 9m separation between facing windows of habitable rooms

7m separation between bedroom window of Unit 6 & living room window of Unit 1.

No2

3.6 Private Courtyards 30m2 for 2 bedroom

dwelling Unit 2 = 54.9m2 Unit 5 = 48.8m2

Yes Yes

35m2 for 3 or more bedroom dwelling

Unit 1 = 47.8m2

Unit 3 = 100.5m2 Unit 4 = 40.8m2 Unit 6 = 45.2m2

Yes Yes Yes Yes

Must have min dimension of 4.0m

Min 4m x 4m wide Yes

Must be at natural ground level

Generally at natural ground level

Yes

No existing substantial trees in Court Yard

To be removed Yes

Alternate 1m wide access to the courtyard be provided (through garage)

Provided for all units

Yes

Courtyard must be visible from living area & be fenced (for child surveillance)

Visible & fenced

Yes

Must be consolidated space in single location

Consolidated space

Yes

Can be partially paved Partially Paved Yes Must not be roofed Not roofed Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

3.7 Landscaping Submit plan at DA & CC

stage showing existing and proposed

Plan submitted and is considered satisfactory

Yes

Tree removal may require Arborist report

Considered by Landscape Architect

Yes

Planting Strip 1.2m wide along driveway and side boundary (2 – 2.5m high trees at maturity)

Driveway in the middle

N/A

1.0m wide planting strip b/w driveway & unit

Generally provided Yes

Driveway, garden lawn etc must be rolled edged with concrete or brick - no timber

Condition 35 recommended

Yes

Nature Strip – trees protected & provide footpath, see if landscaping required

No street tree Footpath existing

Yes

OSD tank to be under driveway or at rear If in front, then 300mm below surface soil If above ground basin, then < 300mm depth

Proposed at the rear of the site

Yes

3.8 Car Parking, Manoeuvrability, Crossing (numbers to be rounded up)

3.8.1 1 space per 1-2 bedroom units

2 space provided Yes

2 space for each 3 or more bedroom units

2 per dwelling Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

1 Visitor parking per every 4 dwellings

2 spaces required 2 spaces provided

Yes

At least 1 space for each unit to be LUG

1 garage each Yes

Hatchet shaped lot – 1 additional space for every 4 units

N/A N/A

Location – behind building line

All garages behind Building Line

Yes

Detail to reduce visual dominance

Not dominating Yes

No tandem parking in front of garage

Car space behind garage

Yes

Parking located so its convenient to use

Convenient to use Yes

Garages located so it separates dwellings

Garage separates dwelling except for dwelling 2 & 3 and 4, 5 & 6.

No3

3.8.2 Turning area to be provided on site so Vehicles must enter/ leave in 3 point turn

Cars can turn on site to leave the site in a forward gear

Yes

Tandem space not to block turning area

N/A N/A

Corner lots: • May reverse if < 3 units

& <= 2 crossovers & if safe.

• Driveway to be located > 6m from the intersection

N/A

N/A

Garage offset opening requirements All must comply with AS 2890.1

2.8m & 5.4 wide openings

Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

Driveways • hard paving to be

minimised • width 4m (up to 10 car

space) • width 6m (more than 10

car space)

Minimised

Yes

3.9 Overshadowing, Access to Sun

Habitable room windows should face courtyard or outdoor space open to sky

Living room and kitchen faces court yard

Yes

Sunlight to at least 50% of courtyard to be greater than 2 hrs b/w 9am-3pm

Courtyard of Dwelling 4, 5 & 6 will receive sunlight from 9am-11:30am & dwellings 1. 2 & 3 will receive most of the day on 22 June.

Yes

Sunlight to principal area of ground level private open space of adjoining properties not to be reduced to less than 2 hrs b/w 9am -3pm

Principal areas of ground level private open space of adjoining properties receive greater than 2 hrs sunlight b/w 9am -3pm on 22 June

Yes

Where existing shadowing > above, sunlight not to be further reduced by more than 20%.

N/A

N/A

Shadow diagrams to be submitted including impact of fence & existing vegetation.

Diagrams submitted

Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

3.10 Visual and Acoustic privacy

9m separation b/w windows of habitable rooms within Urban Housing Development

7m separation between bedroom window of Unit 6 & living room window of Unit 1.

No4

Direct views b/w living room windows of adjacent dwellings (9m radius) & into the courtyards (12m radius) to be screened (see diagrams in DCP)

Adequately separated or screened.

Yes

Balconies prohibited No balconies proposed.

Yes

Landings to be less than 1m high

All below the maximum

Yes

Design should address external noise source Check AC Unit, pool pump etc.

AC Unit min 3.5m away from common site boundaries

Yes

3.11 Accessibility Separate footpath (where

possible) must be provided Provided Yes

Development should be safe & generally accessible for children and older people

Generally safe and Dwellings 1, 2 & 3 accessible

Yes

If 6 or more dwellings proposed then at least 35% of units to be accessible (all indoor & outdoor area designed as per AS 4299.

50% of dwellings designed to be accessible.

Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

The adaptable unit must be able to access street, car parking, common areas using continuous path.

Driveway, car parking and units accessible by wheelchair.

Yes

If 6 or more dwellings then ACCESS AUDIT is required

Access Report submitted with DA

Yes

4. Building Form 4.1 Appearance

• Must complement streetscape

• Include elements – pitch roof, eaves, vertical windows, verandahs,

face brick or rendered.

Proposed hip and gable roof form with 2 dormer windows facing the street. Pitched roof with concrete tile, and eaves, face brick and vertical windows.

Yes

4.2 Ceiling Height = no less than 2.7m

2.7m for ground floor

Yes

4.3 Roof Design & Materials Pitch roof with tiles & dormer with gables

Yes

Should be generally pitched (22-30 degrees)

25 degrees for single storey

Yes

If 2nd storey in roof then 35% degree allowed

Proposed 35 degrees

Yes

Overhang eaves of at least 300mm

Provided Yes

Use gable to the front, hip generally not encouraged

Gable ends face the street. Two dormer windows with small gables will face the street as well

Yes

Should have variation in the roof line so roof is not continuous

Front articulated with dormer windows

Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

Roof material should be consistent with traditional materials of the street

Consistent – roof tiles

Yes

4.4 Building Materials for Walls

Wall articulated & consistent material as adj.

Face brick Yes

Colour similar to buildings in the street

Similar to adjoining brick buildings

Yes

Windows to have vertical proportion of between 2:1 or 3:1

Generally around 2:1

Yes

4.5 Fences 4.5.1 Front Fence Up to 1.0m high & at least

70% visually open Up to 1.0m high rendered piers with infill pickets

Yes

Materials to complement the UHD

Complements Yes

Material Types: • Wooden pickets • Masonry, brick, sand

stone, infill metal • Wrought iron etc

Masonry & pickets Yes

Fence on Secondary Frontage (incl. Lanes) • Materials similar to front

fence • Lapped & Capped

timber NOT permitted • “Colourbond” fence not

permitted • If fence is solid

construction, then indents of 300mm x 600mm be provided & landscaped. Check soil depth for planting

Part masonry and picket in-fills & part lapped and capped timber fence

No5


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

Other Boundary Fence • Minimum height of 1.8m • Side, return & rear to

timber lapped capped

1.8m high courtyard fence & existing boundary fence

Yes

4.6 Clothes line & Drying Area

Each dwelling with an external clothesline

Provided Yes

Each dwelling to have own laundry

Provided Yes

4.7 Lighting Provide lighting to the front

of dwelling Can use sensor lights but NOT spot lights

Condition 34 recommended

Yes

4.8 Garbage Bin Enclosure Flat Site:

• Each dwelling to have storage area

• Located behind the BL not visible from Street.

N/A

N/A

Steep Sloping Site: • A central garbage bin

enclosure needed • Located behind BL &

screened • Submit details with DA

(see requirements)

A common garbage bin storage area provided (see conditions 30 -32)

Yes

5 Engineering Runoff (refer to Part 8.3 of

DCP 2006) Need an OSD tank, gravity flow connection If slopes to rear, may need easement through rear property Refer to Development Engineer

Below ground OSD tank located in rear yard

Yes


ITEM 4 (Continued)


PROPOSAL

COMPLIANCE

Property Drainage not to impact adj. property

Does not affect adjoining property

Yes

Minimise flow rates: • Pervious area > 35% of

site Use of porous pavers for patios, paths etc BUT not for driveway

Pervious area greater than 35%

Yes

Is the site affected by Overland flowpath?

Site is not affected by overland flow path

N/A

6 Public Facilities 6.1 Open Space: Cash

Contribution required Condition 20 recommended

Yes

6.2 Local roads: kerb & gutter, paved road shoulder, foot paving & footpath would be required.

Kerb and footpath existing

N/A

NON- COMPLIANCE

Note 1: Floor to Ceiling height to be a minimum of 2.7m

The floor to ceiling height of the bedrooms located within the roof space ranges from 2.04m to 2.7m. The non-compliance occurs closer to the wall plate of the building. The ceiling height at the springing point is 2.04m and rises at an angle of 35 degrees (sloping ceiling). As significant parts of the bedrooms have a floor to ceiling height of 2.4 – 2.7m, adequate level of amenity will be maintained. The non-compliance does not unduly interfere with the proper functioning of the rooms. Additionally, under the Building Code of Australia, attic spaces are allowed to have less than 2.4m floor to ceiling height if it does not does not unduly interfere with the proper functioning of the room.

Notes 2 & 4: Separation between windows of habitable rooms

The DCP requires that a minimum of 9m separation be provided between the windows of habitable rooms of facing dwellings within an urban housing development. While this requirement has been met for majority of the dwellings, only 7m separation between bedroom window of Unit 6 & living room window of


ITEM 4 (Continued) Unit 1 has been provided. However, to address the potential privacy problem, applicant has amended the plan and has raised the window sill level to 1.7m from the floor level. This meets the objectives of the DCP.

Note 3: Garages to separate dwellings

The DCP requires that the garages be located so they separate dwellings. Dwellings 2 & 3 and 4, 5 & 6 do not comply with requirements since the 2 bedroom dwellings in the middle requires only one car parking space (garage). No objection is raised in this instance as similar rooms (bedrooms) adjoin each other and the common wall will be sound insulated (see conditions 80 & 89)

Part 7.2 – Waste Minimisation and Management. A satisfactory Waste Management Plan has been submitted with the DA. Condition 14 requires compliance with this Plan.

Council’s Waste Management Officer has advised that garbage bin storage area for at least 9 bins be provided on the site (1 garbage bin per villa and 2 recycle bin per every 2 villas). Condition 31 has been recommended to ensure compliance with this requirement.

Part 8.2 – Stormwater Management

The proposal has been assessed for compliance with the stormwater management provision of the DCP. Details of compliance are contained under referrals section of this report.

Section 94 Contributions Plan No. 1 (2003 Amendment –effective rate 1/6/07)

Council’s Section 94 Contributions Plan requires a contribution for the provision of additional Open Space and services required as a result of new developments. The contribution is calculated based on the number of dwellings. As the number of dwellings is being increased from a two detached dwelling to six dwellings, the contribution that are payable with respect to the proposed 6 dwellings are as follows:

Contribution Plan

Contributions for 6 Dwellings

Credit for 2 Existing Dwellings

Total Contribution Payable

Public Space $50,652 $23,122 $27,530 Drainage $10,104 $4,594 $5,510 Administration $534 $242 $292 Total $61,290 $27,958 $33,332


ITEM 4 (Continued)

Condition number 20 requiring the payment of a Section 94 contribution of $33,332.00 has been included in the recommendation of this report.

Likely impacts of the Development

(a) Built Environment The development complies with the setback, height and design requirements prescribed under Council’s Development Control Plan. The front dwellings facing Quarry Road has been extensively articulated. The front wall has variable setback from the street and the roof form consists of pitched design, varied roof levels, gable end over the front porch & entry area. Dormer windows have been designed to enable solar access to the first floor in the roof space.

Similarly the Ivy Street elevation is also articulated and reflects the topography. The dwellings are stepped along the frontage to minimise the need for cut & fill. Generally hip roof has been adopted in the design along secondary frontage to minimise bulk and scale resented to the street with articulated gable ends and varied height. The proposal will not significantly affect the privacy and sunlight to the adjacent dwellings. The first floor level of the front units has been contained in the roof space and complies with the DCP. On balanced consideration, the proposal will contribute positively to the streetscape while providing medium density housing in the City.

(b) Natural Environment The proposed development will have no significant impacts on the natural environment. Shrubs on the northern corner of the site and two trees on the site along the Ivy Street frontage will be removed in accordance with Council’s Landscape Architect’s recommendation. The site will be landscaped in accordance with the Landscape Plan submitted with the application.

Suitability of the site for the development The site is not classified as a heritage item or subject to any natural constraints such as flooding or subsidence. In this regard, the proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environments.

The Public Interest The application was assessed in accordance with the requirements of Section 79C(1) of the EP& A Act, 1979 and the community concerns were adequately considered. Conditions have been recommended to ensure minimal impact on the neighbourhood. No objection has been raised by the Rural Fire Services and the proposed development is consistent with Council’s DCP 2006. The proposal is not considered to adversely impact upon public interest.


ITEM 4 (Continued) Management Plan Linkages N/A. Relationship to Key Outcome Areas

People The project meets the following key outcomes for People (set out on pages 32-33 of the Management Plan 2007-2010): • A vibrant City that is healthy, physically attractive, economically strong and

engages its community through cultural and social activities. • A City that plans for people by identifying their diverse needs and involving them

in decision making to improve their quality of life. • A harmonious community through a culturally enriched and respectful society.

Comment: This development will meet the objective of providing additional medium density housing to the people of the City of Ryde. The application was notified to residents of the City of Ryde in compliance with Part 2.1 of DCP 2006 – Notification of Development Applications. Council’s business paper and decisions are available to the public.

Assets The project meets the following key outcomes for Assets (set out on pages 34-35 of the Management Plan 2007-2010): • Well designed streets and paths where motorists, cyclists and pedestrians feel

safe. • Well designed places and spaces that minimise personal harm and where people

interact with each other, so that crime is reduced. • A high standard of visual appearance as there is no litter or graffiti, and we care

for our public infrastructure and public areas. Comment: An existing footpath in front of the site will be restored after completion of development. The design of the building and treatment of the front setback (including the low height fence) permits casual surveillance of the surrounding area whilst still allowing for the privacy and safety of the children.

Environment The project meets the following key outcomes for Environment (set out on pages 36-38 of the Management Plan 2007-2010):


IITEM 4 (Continued) • Attractive streets, public places and buildings through better planning and design

which is responsive to community expectations and our local environment. Comment: The bulk, scale, design, appearance and overall built form of the proposed development will not significantly detract from the residential character of the area. The proposal is considered acceptable and is unlikely to result in a detrimental impact on the surrounding streetscape. • Sustainable practices in buildings, waste management, transport, energy systems

and water use through community commitment. Comment: The proposal incorporates water and energy conservation features such as rain water tanks, natural ventilation and solar access, energy efficient hot water system and insulation.

Governance The project meets the following key outcomes for Governance (set out on pages 39-41 of the Management Plan 2007-2010): • Improved communication with the community and increased awareness and

understanding of Council’s decisions by the community. • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • Incorporation of best practice approaches in the delivery of services to the

community. • A safe and harmonious working environment with skilled and motivated staff who

embrace the organisation's vision and values. • Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment. Comment: The application was notified to adjoining residents in accordance with DCP 2006: Section 2.1 – Notification of Development Applications. Submissions have been considered in the assessment of this application, and Council’s business paper and decisions are available to the public. The application has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979, the Ryde Planning Scheme Ordinance 1979, relevant State Planning Policies and Legislation, the City of Ryde DCP 2006 and relevant Council policies.


ITEM 4 (Continued) Consultation – Internal and External Internal Referrals Development Engineer: The urban housing development proposes vehicular access adjacent to the existing raised speed hump in the road. The current driveway entry has an ‘S’ bend which is considered to be a compromise solution as the vehicular crossing allows vehicles accessing the site to have the head lights directed into villa 1 living area. This problem can be rectified through appropriate use of landscaping. The driveway shape at the front boundary is also not conducive to passing using the B85 turning path. It is recommended that the driveway at the front of the property near the passing bay area be conditioned to have the driveway located on a straight alignment from the driveway inside the property. To achieve this, the road speed hump is to be either removed or relocated. However as the traffic engineer will not allow the speed hump to be modified, the current ‘S’ shape driveway is considered to be an acceptable compromise solution. The villa development is to have runoff discharge into a piped drainage system to an on site detention tank and then have flow directed into the street drainage system. The on site detention tank has been checked assuming 80% of the site is impervious and drains into the on site detention tank using Councils on site detention sheet and the design is was found to be substantially in accordance with Councils requirements regarding volume and discharge rate. The pipe length to connect into the existing Council piped drainage system within Ivy Street is approximately 30m. To comply with Development Control Plan 2006: - Part 8.2; Stormwater Management, the Council pipe system is to be extend to the property. Sheet flow from the adjacent properties is to be directed into an open drain along the southern property boundary and then into a 225 DIA PVC pipe along the eastern boundary to discharge into the street drainage system. Councils engineer has completed a rational method calculation to determine the 100 year average recurrence interval flow to be 40l/s and using the DRAINS model a 100 year average recurrence interval flow of 50l/s was attained. The 225 DIA PVC pipe along the eastern boundary is considered to be adequate to convey the 100 year flow. The landscape plan seems to substantially conform to the drainage requirements along the boundaries.


ITEM 4 (Continued) There is a footpath along the Quarry Road frontage but no path along the Ivy Street frontage. The B85 design car turning path was used to test the vehicular access to the garages and visitor spaces in accordance with Council's AS2890.1 and access to all garages is satisfactory. The water tanks have only been provided for villas 3 and 4 as shown on the drainage plan to satisfy BASIX. However the BASIX certificate has a rainwater tank attached to villa 1. The BASIX certificate can be modified to reflect drainage plan. The stormwater issues can be addressed with deferred commencement conditions (see Part 1 of the recommendation). Landscape Architect, 1 March 2006: The two subject trees (Nos 27 & 26) occurring in the courtyards of villas 5 & 6 are Sydney Blue Gums (Eucalyptus Saligna). These are relatively small immature specimens, however, they have the potential to be large trees as this specimen in Grove Street, Eastwood demonstrates. Clearly a normal courtyard villa is not an appropriate location for such potentially large trees. The plan shows the retention of tree No. 27, however, it is not feasible to retain the tree either in the short or long term and should be removed and replaced as part of this DA. The Sydney Blue Gums are considered too large to be retained in the courtyards and must be removed. Suitable replacement canopy planting should occur along the Quarry Road front setback where the noxious African Olive, No 15 (Olea Africana) and the over mature Callistemon (no. 25) should be removed in favour of additional canopy planting. The landscape plan for the Construction Certificate is to reflect these changes (see condition 26) Access/Traffic Engineer, 15 February 2007: Raised no objections to the proposed development subject to conditions:

Disused gutter and footpath crossing to be removed and the kerb and footpath reinstated (see condition 98)

Footpath is required along the Ivy Street frontage (see condition 97). External Referrals Rural Fire Service, 6 March 2007: Based upon an assessment of the plans and documentation received for the proposal, the NSW Rural Fire Service is prepared to grant a Bushfire Safety Authority with no specific conditions. This response is to be deemed the Bushfire Safety Authority as required under Section 100B of the Rural Fires Act 1997.


ITEM 4 (Continued) Financial Impact Adoption of the option(s) outlined in this report will have no financial impact.

CONCLUSION: The application generally complies with the objectives of Council’s Development Control Plan 2006. The site is considered suitable for medium density development. The issues raised by the residents have been reasonably addressed and would not justify a refusal of this application. RECOMMENDATION: (a) That Local Development Application No.999/2006 at 80 - 82 Quarry Road

RYDE being LOT: A DP: 406708 and LOT 1 un DP: 873741 be approved as a Deferred Commencement Consent pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

This consent does not become operative until the matters referred to in Part 1 have been submitted to and approved by Council and Council has notified the applicant in writing that the consent has become operative.

PART 1 –DEFERRED COMMENCEMENT CONDITIONS This consent shall not operate until the following conditions are complied with:

1. Modify the drainage plan and the BASIX certificate to have both complement each other. Currently the drainage plan has two tanks and the BASIX certificate has only one tank.

2. The Council pipe system is to be extended to the property in accordance with

section 4.2.2 of Development Control Plan 2006: - Part 8.2; Stormwater Management. Details are to be shown on the drainage plan.

3. The landscape plan is to be modified to ensure the above ground flow path and

the pipe systems along the property boundaries are compatible.

PART 2 – GENERAL CONDITIONS OF CONSENT GENERAL


ITEM 4 (Continued)

1. Development is to be carried out in accordance with the Plans No. 0612-DA-01 Rev B dated 7/4/07, 0612-DA-02 Rev B dated 7/4/07, 0612-DA-04 Rev B dated 7/4/07, 0612-DA-05 Rev B dated 7/4/07, 0612-DA-01 Rev B dated 7/4/07; LPDA07-131/2 dated March 2007; 0612-SP-01 Rev A; H-02 & H-01 (as amended); Access Report by Access Association Sydney dated December 2006, Bushfire Hazard Assessment Report Reference No. 70186; BASIX Certificate number 131384M; and support information submitted to Council.

2. The term of this Consent is limited to a period of two (2) years from the date

of approval. The consent will lapse if the development does not commence within this time.

3. All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

4. Compliance with the Building Code of Australia

a. All building work (other than work relating to the temporary building)

must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made)

b. This clause does not apply to the extent to which an exemption is in

force under clause 187 or 188, in the Environmental Planning and Assessment Regulations 2000, subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4).


Environmental Planning and Assessment Amendment Act, 1997 are to be complied with: a. A Construction Certificate is to be obtained in accordance with

Section 81A (2)(a) of the Act. b. A Principal Certifying Authority is to be appointed and Council is to be



ITEM 4 (Continued)

c. Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

6. The applicant may apply to the Council or an accredited certifier for the

issuing of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

7. Any architectural and/or fixture changes to the development will require the

submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act.

8. Residential Building Work

a) Building work that involves residential building work (within the meaning of

the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development to which the work relates:

i) in the case of work to be done under the Act: has been informed in

writing of the licensee’s name and contractor licence number, and is satisfied that the licensee had complied with the requirements of Part 6 of the Act; or

ii) in the case of work to be done by any other person: has been informed

in writing of the person's name and owner-builder permit number; or has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of “owner builder work” in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

b) A certificate purporting to be used by an approved insurer under Part 6 of

the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purpose of


ITEM $ (Continued)

this clause, sufficient evidence that the person has complied with the requirements of that Part.


a) All excavations and backfill associated with the erection or demolition of

a building must be executed safely and in accordance with appropriate professional standards.

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

10. Retaining walls and drainage

If the soil conditions require it:

a) retaining walls associated with the erection or demolition of a building or

other approved methods of preventing movement of the soil must be provided.

b) adequate provision must be made for drainage.

11. Support for neighbouring buildings


a) If an excavation associated with the erection or demolition of a

building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

i) must preserve and protect the building from damage, and ii) if necessary, must underpin and support the building in an

approved manner, and iii) must, at least 7 days before excavating below the level of the

base of the footings of a building on an adjoining allotment of land, give notice of intention to do so 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.


ITEM 4 (Continued) b) The owner of the adjoining allotment of land is not liable for any part

of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on an adjoining allotment of land.

c) In this clause, “allotment of land” includes a public road and any other

public place.


a) If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

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

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

d) Any such hoarding, fence or awning is to be removed when the work

has been completed.

13. Australia Post

Approval for the site and size of proposed household mailboxes must be obtained from Australia Post.

14. Waste Management Plan - Should you wish to vary the information

provided in the Waste Management Plan you submitted to Council with your Development Application involving demolition and construction works, you are required to give written advice to Council of any changes.

Council’s DCP 2006, Part 7.2 – Waste Minimisation and Management, sets out your obligations for waste management.

General Engineering Conditions 15. Design and Construction Standards. All engineering plans and work shall

be carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.


ITEM 4 (Continued) 16. Service Alterations. All mains, services, poles, etc., which require


times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

18. Road Opening Permit. The applicant shall apply for a road-opening permit

where a new pipeline is proposed to be constructed within or across the footpath. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) are required within the road reserve. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.

19. Council Inspections. A Council engineer must inspect the stormwater

works within the road reserve. Councils engineer is to be contacted before construction works commence and complete inspections during the construction process as required. An inspection fee of $970.00 shall be paid to Council prior to the issue of the Construction Certificate.

PRIOR TO CONSTRUCTION CERTIFICATE

20. A contribution for the services in Column A and for the amount in Column B

shall be made to Council prior to the issue of the Construction Certificate.

A B Public Space $27,530.00 Stormwater Drainage $5,510.00 Administration $292.00 The total contribution is $33,332.00

This contribution is a contribution under the provisions of Section 94 of the

Environmental Planning and Assessment Act, 1979 as specified in Section 94 Contribution Plan No. 1 (2003 Amendment) adopted by City of Ryde on 19/8/2003.


ITEM 4 (Continued)

The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.

21. A security deposit (category: other buildings with delivery of bricks or

concrete or machine excavation) is to be paid to Council (Public Works and Services Group) as well as the infrastructure inspection fee. Please refer to Council's Management Plan for the current fee amounts.



23. Documentary evidence of payment of the Long Service Levy under Section

34 of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

24. The applicant is to apply to Council, pay the required fee, and have issued

street alignment levels by Council prior to the issue of the Construction Certificate.

25. Documentary evidence of compliance with Conditions 20 – 24 to the


26. Landscaping of the development site is to be carried out in accordance with

the landscape plan/concept submitted with the development application except as amended under Part 1 of the consent and following conditions:

i) The trees located on 80 Quarry Road (Sydney Blue Gums) are

considered too large to be retained in the courtyards and must be removed.

ii) Suitable replacement canopy planting should occur along the Quarry Road front setback where the noxious African Olive, No 15 (Olea Africana) and the over Matura Callistemon (no. 25) should be removed in favour of additional canopy planting. The landscape plan for the Construction Certificate is to reflect these changes.

iii) Care must be taken to protect all street trees along Ivy Street frontage.

27. The fencing on the site is to be carried out in accordance with the following (details are to be provided prior to the issue of Construction Certificate):


ITEM 4 (Continued)

i) Architectural details of the front and return fence is to be submitted prior to the issue of Construction Certificate.

ii) The front fence shown on the landscape plan must not exceed 1.0m in overall height and shall be designed with a low masonry base with in-fill pickets suitably spaced between piers to provide sufficient views to the street and footpath.

iii) The 1.8m high timber lapped and capped fence along part of the secondary frontage shall terminate at the front alignment of the building (front wall of the dwellings when viewed from Quarry Road) and tapered to match with the return fence.

iv) The return fence shall be similar in height and design to the front fence. v) On the south eastern side of dwelling no. 6, the height of the pickets

can be gradually increased to match with the lapped & capped fence along the secondary frontage. Details must be provided prior to the issue of Construction Certificate.

vi) Side and rear boundary fence should be retained if in satisfactory condition or replaced at the developers cost.

vii) The lapped and capped fence along sections of the secondary frontage shall have indents (recessed at regular intervals) measuring 300mm X 600mm. The recessed area facing the street must be landscaped with suitable planting to soften the impact of the fence and reduce potential damage by graffiti.

28. Dwelling numbers 2, 3 are to be made accessible (for people with

disabilities) in accordance with AS4299 and the Access Report dated December 2006, submitted with the development application. Details are to be submitted prior to the issue of Construction Certificate.

29. The sill height of the living room window of Unit 1 is to be raised to at least

1.7m from the floor level. Details are to be submitted prior to the issue of Construction Certificate.

30. The garbage storage enclosure must have walls constructed of rendered

brick or other approved masonry and concrete floor and be designed to screen the carts from view. Details are to be submitted prior to the issue of Construction Certificate.

31. The size of the garbage storage area must be increased to accommodate at

least 9 garbage bins issued by Council. Each bin will take up approximately 700mm wide space. Details are to be submitted prior to the issue of Construction Certificate.


ITEM 4 (Continued)

32. The garbage storage enclosure shall be offset from the rear boundary line so as not to affect the existing fence. The wall of the enclosure must be independent of the fence. Details are to be submitted prior to the issue of Construction Certificate.

33. Clothes line is to be provided to all dwellings in the rear yard or sheltered

well ventilated space.

34. Details of security lighting for internal driveways, visitor parking areas and the street frontage shall be submitted for approval prior to issue of the Construction Certificate. The details to include certification from an appropriately qualified person that there will be no offensive glare onto adjoining residents.

35. Driveway and garden edging must be rolled edged with concrete or brick.

36. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must

be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building, Development and Plumbing section of the website at www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance. Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it may take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design. A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development / release of the plan of subdivision.

37. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water assets, sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped.


ITEM 4 (Continued) Please refer to the website www.sydneywater.com.au for: • Quick Check agents details - see Building, Developing and Plumbing then

Quick Check; and • Guidelines for Building Over/Adjacent to Sydney Water assets - see

Building, Development and Plumbing then Building and Renovating. Or telephone 13 20 92.


38. The applicant is to submit to and have approved by Council or an accredited

certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

39. Fire and Smoke Alarms are to be provided in accordance with Part 3.7.2 of

the Building Code. Location details are to be submitted and approved by Council or an accredited certifier prior to the release of the Construction Certificate.

40. All retaining walls to excavated areas are to be completed at the earliest

possible stage and prior to the erection of the timber and masonry framework. Details are to be submitted to and approved by Council or an accredited certifier prior to the issue of the Construction Certificate.

41. A site works plan must be prepared and submitted with the Construction

Certificate for every demolition, earthworks or building works indicating methods of sediment and pollution control in accordance with Council’s DCP 2006, Part 8.1 – Construction Activities.

Engineering Conditions to be complied with Prior To Construction Certificate

42. Drainage Security Deposit. The applicant shall lodge with Council a security deposit of $1,000 prior to the issue of the Construction Certificate to ensure the Positive Covenant has been prepared, lodged and registered and that the onsite stormwater detention system is constructed in accordance with the approval plans; this includes the correct sediment sump construction and fitting of the orifice plate and debris screen in the outlet control pit. Refund of this security deposit will be made on satisfactory completion of the works and notification to Council of lodgement of the Positive Covenant with the Department of Lands.



ITEM 4 (Continued)

43. Car Parking. All internal driveways, vehicle turning areas, garage opening widths and parking space dimensions shall comply with AS 2890.

44. Construction Bond. If Council is not appointed as the Principal Certifying

Authority, a bond of $10,000 shall be lodged with Council prior to the issue of the Construction Certificate to ensure that Councils drainage works are constructed in accordance with the approved plans and Development Control Plan 2006: - Part 8.2; Stormwater Management.

45. Driveway Grades. The maximum grade of all internal driveways and

vehicular ramps shall be 1 in 4 and in accordance with the relevant section of AS 2890.1. The maximum change of grade permitted is 1 in 8 (12.5%) for summit grade changes and 1 in 6.7 (15%) for sag grade changes. Any transition grades shall have a minimum length of 2.0m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent. A driveway plan, longitudinal section from the centreline of the public road to the garage floor, and any necessary cross-sections clearly demonstrating that the driveway complies with the above details, and that vehicles may safely manoeuvre within the site without scraping shall be submitted with the Construction Certificate application.

46. On-Site Stormwater Detention. Stormwater runoff from all impervious

areas shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. The minimum capacity of the piped drainage system

shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval and direct this to the on-site detention system. Runoff which enters the site from upstream properties should not be redirected in a manner which adversely affects adjoining properties. The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council. Gutters, downpipes and pipeline conveying runoff to OSD tank are to be sized for the 1 in 100 year, 5 minutes duration storm Councils piped drainage system is to be extended up to the property boundary. A drainage design is to be approved by Council for the new


ITEM 4 (Continued) drainage works within the road before the issue of the construction certificate. Councils engineer is to inspect the works and the works are to be completed to Councils requirements before the issue of the occupation certificate.

47. Water Tank First Flush. A first flush mechanism is to be designed and

constructed with the water tank system. Details of the first flush system are to e submitted with the construction certificate application.

48. Erosion and Sediment Control Plan. An Erosion and Sediment Control

Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.

The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan: (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control

structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strip (h) Location of critical areas (drainage lines, water bodies and unstable

slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around disturbed

areas (k) Procedures for maintenance of erosion and sediment controls (l) Details for any staging of works (m) Details and procedures for dust control.

PRIOR TO COMMENCEMENT

49. In issuing this approval, Council has relied on the information provided by you about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works.


50. ‘Dial 1100 Before You Dig’

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au. If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgment of an application for a Construction Certificate if this is the case.

51. Sediment control works are to be installed and maintained in accordance

with Council’s DCP 2006, Part 8.1 – “Construction Activities”.

52. Signage is to be provided on the site as follows:

During the entire construction phase signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

53. In relation to demolition, all work is to be carried out in accordance with the

requirements of AS 2601-2001 (The Demolition of Structures).

54. Security fencing shall be provided around the perimeter of the building/demolition site and precautionary measures taken to prevent unauthorized entries of the site at all times during demolition and construction.

55. Adequate precautions must be taken to control the emission of dust from the

site during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.

56. All work involving asbestos products and materials, including asbestos-

cement sheeting (i.e. fibro) must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales.

57. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro),

must be disposed of at a landfill facility licensed by the New South Wales


ITEM 4 (Continued)

Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

58. Adequate arrangements must be made for the storage and disposal of

demolition and building waste generated on the premises. In this regard the demolishers and builders are encouraged to maximize the re-use and recycling of materials (e.g. Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separating these materials from other wastes.

59. Street trees that are to be retained (trees along the secondary frontage),

whilst not requiring exclusion fencing, will be recognised to have Tree Protection Zones established around them. All restrictions applicable to areas within fenced Tree Protection Zones will apply to street trees. Existing driveways and footpaths that fall within any unfenced Street Tree Protection Zone, may be utilized for the specific purposed for which it was designed.

60. The area around street tree/s to be retained is not to be used for storage of

materials, stockpiling, siting of work sheds, preparation of mixes, cleaning of tools or equipment, pedestrian or vehicular activity, including parking.

61. Refuelling and/or maintenance of machinery and equipment are not

permitted on the road verge (nature strip). Engineering Conditions to be complied with Prior to Commencement of Construction

62. Truck Shaker. A truck shaker grid with a minimum length of 6 metres must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass them. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

63. Sediment and Erosion Control. The applicant shall install appropriate



ITEM 4 (Continued)

64. Compliance Certificate. A Compliance Certificate should be obtained confirming that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities


constructed at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and construction shall conform to the requirements of Council. Crossings are to be constructed in plain reinforced concrete and finished levels shall conform with property alignment levels issued by Council’s Public Works Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossings will not be permitted.

DURING CONSTRUCTION

66. The occasions on which building work must be inspected are:

a) at the commencement of the 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, wall, roof or other

building element e) prior to covering waterproofing in any wet areas f) prior to covering any stormwater drainage connections g) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request. Prior to occupation of the building, an occupation certificate must be obtained. Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

67. In addition to the abovestated inspections, the Principal Certifying Authority

is required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the


ITEM 4 (Continued) approval and City of Ryde's DCP 2006, Part 8.1 - “Construction Activities”:

f) Sediment control measures. g) Security fencing. h) Materials or waste containers upon the footway or road. i) PCA and principal contractor (the coordinator of the building work)


68. Council recommends that a Registered Surveyors check survey certificate be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages:

Prior to construction of the first completed floor/floor slab showing

the area of the land, proposed building and the boundary setbacks. On completion of the proposed building showing the area of the

land, completed building and the boundary setbacks.

69. Concrete wastes must be collected, stored and treated in accordance with the Concrete Wastes guide published by the Environment Protection Authority.

70. Only unpolluted water is to be discharged to Council’s stormwater drainage

system.

71. The L10 noise level measured for a period of not less than 15 minutes while demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

72. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

73. All excavated material must be removed from the site. No fill is to be placed

above the natural ground level except for minor fill in the courtyard of dwelling number 4 as shown on the landscape plan.


ITEM 4 (Continued)

74. No spoil, stockpiles, building or demolition material is to be placed on any public road, footpath, park or Council owned land.

75. Site toilets shall be provided in accordance with the WorkCover Code of


76. At all times work is being undertaken within a public road adequate precautions shall be taken to warn, instruct and guide road users safely around the work site. Traffic control devices shall satisfy the minimum standards outlined in AS1742.3-1996 “Traffic Control Devices for Work on Roads”.

77. A first flush device shall be fitted to the rainwater tanks to divert the first

5mm of runoff from the area draining away from the storage tank (e.g. 0.5 litre per square metre).

78. Adequate provisions shall be made to prevent mosquitoes breeding in the

rainwater tank. This should include suitable screening to prevent eggs being laid within the tank.

79. All tanks and tank stand installations shall be structurally sound and comply

with the manufacturer’s and/or designer’s instructions.

80. Tanks must be a commercially manufactured tank designed for the use of water supply.

81. Overflow from the tank shall be piped directly to an approved stormwater

system.

82. The external finishes of tanks shall be painted or coloured to be compatible with the surrounding environment. Alternatively, the water tank may be screened behind a permanent physical barrier that serves that purpose.

83. Taps associated with the tank shall be clearly marked indicating the source

of the water and that it is not to be used for Drinking Water.

84. Treads, risers and balustrades to comply with the Building Code of Australia Part 3.9.1 and Part 3.9.2. Balustrading is to be a minimum 1.0 metres high and any openings are not to exceed 125mm.

85. All timber framing is to comply with Part 3.4.3 – Timber Framing of the

Building Code of Australia.


ITEM 4 (Continued)

86. All steel framing is to comply with Part 3.4.2 – Steel Framing of the Building Code of Australia.

87. Perimeter of slabs are to be provided with a drop-edge beam so as to

provide face brickwork from the natural ground level.

88. The walls separating the dwelling to have an F.R.L. not less than 60/60/60 extending to the underside of the roof cladding.

89. The building shall be constructed to comply with Sound Insulation

requirement under Part 3.8.6 of the Building Code of Australia (including the common wall of dwellings 2 & 3 and dwellings 4, 5 & 6).

PRIOR TO OCCUPATION CERTIFICATE

90. Documentary evidence of landscape planting and construction in accordance with the approved plan and specified items is to be submitted to the Council prior to occupation of the building.



92. Prior to the issue of the Occupation Certificate, the Principal Certifying

Authority is to ensure that the BASIX commitments have been implemented in accordance with the BASIX certificate.

93. All land titles within the site must be consolidated into one allotment. A plan

of consolidation in a form capable of registration shall be lodged with the Land Titles Office prior to issue of an Occupation Certificate under the Environmental Planning and Assessment Act 1979.

94. A certificate from a suitably qualified person is to be submitted to the

Principal Certifying Authority (and Council, if Council is not the PCA) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1.


Principal Certifying Authority (and Council, if Council is not the PCA) that the method of


ITEM 4 (Continued)

waterproofing wet areas has been provided in accordance with Part 3.8.1 of the Building Code of Australia and the requirements of the Australian Standard 3740 prior to wall tiling.


Principal Certifying Authority (and Council, if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code.

Engineering Conditions to be complied with Prior to Occupation Certificate

97. Footpath Works. The applicant shall, at no cost to Council, construct a

Council footpath along the Ivy Street property frontage. 98. Disused Gutter Crossing. All disused gutter and footpath crossings shall

be removed and the kerb and footpath reinstated to the satisfaction of Council.

99. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered

Surveyor clearly showing the surveyor’s name and the date, the stormwater drainage, including the on-site stormwater detention system if one has been constructed and finished ground levels is to be submitted to the Principal Certifying Authority (PCA) and to Ryde City Council if Council is not the nominated PCA. If there are proposed interallotment drainage easements on the subject property, a Certificate from a Registered Surveyor is to be submitted to the PCA certifying that the subject drainage line/s and pits servicing those lines lie wholly within the proposed easements.

100. Compliance Certificates – Engineering. Compliance Certificates should

be obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA:

• Confirming that all vehicular footway and gutter (layback) crossings

are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the driveway is constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed internal visitor car park spaces and associated drainage complies with AS 2890, the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.


ITEM 4 (Continued)


• Confirming that the site drainage system servicing the development complies with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management


• Confirming that the connection of the site drainage system to the trunk drainage system complies with Section 4.7 of AS 3500.3 - 1990 (National Plumbing and Drainage Code).

• Confirming that the vehicular crossing has been removed and the kerb and gutter have been constructed in accordance with Council’s Environmental Standards Development Criteria






constructed in accordance with the Construction Certificate version of plan PCS-338 H-01 and H-02 prepared by AHSCA.

POST OCCUPATION CERTIFICATE

104. Within 2 days of issuing a final Occupation Certificate, the Principal


Item 4 (Continued)

Certifying Authority (PCA) is required to generate a BASIX Completion Receipt in accordance with the provisions of the EP & A Regulation 2000. The PCA is to refer to the BASIX Completion Receipt tool at www.basix.nsw.gov.au/administration/login.jsp in order to generate the BASIX Completion Receipt and a printed copy of the receipt is to be placed on the PCA file.

STRATA SUBDIVISION

105. Certification Documents. The submission of all certification as required under this consent prior to the release of the Subdivision Certificate.

106. Council will only issue a Subdivision Certificate pursuant to the

Environmental Planning and Assessment Act 1979 Section 109 J when the development consent is complied with and Council or an accredited certifier has lodged documentary evidence of completion of a final inspection of any building or engineering works with Council.

107. Please contact Energy Australia’s Local Customer Service Office to obtain

documentary evidence that Energy Australia has been consulted and that their requirements have been met.

Energy Australia Building No. 2 Bridge Road (near Sherbrook Road) Hornsby Telephone: 9477 8201 Facsimile: 9477 8295 Postal Address: GPO Box 4009, Sydney NSW 2001 Website Address: www.energy.com.au This information is to be submitted to Council prior to the release of the Subdivision Certificate.

108. Existing Easements and Restrictions. The applicant must acknowledge

all existing easements and restrictions of the use of land on the final plan of subdivision.

109. Positive Covenant. The creation of a Positive Covenant under Section 88E

of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for Maintenance of Stormwater Detention Systems" and to the satisfaction of Council.


ITEM 4 (Continued)

110. 88B Instrument. The submission of an instrument under Section 88B of the Conveyancing Act 1919 plus 2 copies, creating any Easements Positive Covenants and restrictions on use, the Ryde City being the authority empowered to release vary or modify the same

111. Film Plan of Subdivision. The submission of a Film Plan of Subdivision

plus 5 copies suitable for endorsement by the Chief Executive pursuant to Section 327 of the Local Government Act.

112. Certification of Building Works. If Council is not the PCA then certification

that all building works as detailed in Local Development Consent No 572/04 have been completed in accordance with that consent is to be submitted with the application for the Subdivision Certificate.

OPERATIONAL REQUIREMENTS

113. Noise Limits – The noise level emitted by the air conditioners must not exceed the background noise level by more than 5dB(A) when measured in or on any premises in the vicinity.

114. Council may require acoustical consultant’s report - Council may require

the submission of a report from an appropriately qualified acoustical consultant demonstrating compliance with the relevant noise limits.

115. Storage and disposal of wastes - All wastes generated on the premises

must be stored and disposed of in an environmentally acceptable manner.

116. Recyclable wastes - Wastes for recycling should be stored in separate bins or containers and transported to a facility where the wastes will be recycled or re-used.

117. Offensive noise - The use of the premises must not cause the emission of

‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

(b) That the persons who made submissions be advised of Council's decision. Liz Coad Sanju Reddy Manager Assessment Senior Town Planner Environment & Planning Environment & Planning


ITEM 4 (Continued) Submissions received

COPYRIGHT


ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070



Date: 09/07/2007

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ITEM 4 (Continued)


ITEM 5 32 WESTERN CRESCENT GLADESVILLE. Lot 34, section C in DP 1821. Local Development Application for a 2 Storey Dwelling House. LDA 592/2006. Applicant: Frank Rupolo. Owner: C Rupolo. Date lodged: 14/8/06. Public Submissions: No submissions received.

NO INSPECTION NO INTERVIEW

FILE NO. LDA06/592

Group Manager Environment and Planning Reports 29 June 2007 Background A report on an application to erect a part 1 storey part 2 storey dwelling with a detached double garage was considered by the Development Committee on 15 May 2007. The report recommended the application be approved as a Deferred Commencement consent to allow submission of amended plans and details: • Requiring updated drainage calculations and details. • Reducing the FSR to 0.5:1 (the proposal was 0.55:1) or 31.356m² excess. The application was referred to Council for consideration on 22 May 2006 where Council resolved: (a) That consideration of this application be deferred for further discussions to take

place between the applicant and the Group Manager – Environment & Planning concerning a reduction in the floor space ratio.

(b) That a further report be submitted to Council on the outcome of the discussions

referred to in (a) above. The discussions were held on 31 May 2007 and amended plans were received on 14 June 2007. A copy of this report is circulated under separate cover. Any Councillor Representations: Nil.


ITEM 5 (Continued) REPORT The proposed is substantially the same as that originally submitted with the floor space reduced by 23.4m² to 321.2m² (0.512:1) which is 7.7m² in excess of the 313.5m² that equates to a FSR of 0.5:1. The reduction has been achieved by reducing the floor area by: • Increasing the rear setback on the ground floor and upper floors by between

110-530mm. • Increasing the south setback to the upper floor and part of the ground floor by

between 300 -900mm. The reduction in floor area results in a reduction in floor area of a number of rooms on both levels but does not change the layout. The applicant in support of the changes advises: • The excess in floor space is now 7.7m² or 2.4%. • The 2.4% does not cause any unacceptable additional overshadowing or loss of

privacy to adjoining residents. • The site coverage and soft landscaping exceed Council’s requirements. • The size and bulk is compatible with adjacent and nearby residences. • The proposed is numerically compliant in all other cases. (This is not strictly

correct as there is minor non-compliance with the setback of the eaves on the northwest and southeast sides and the garage roof exceeds the ridge height. However as detailed in the earlier report these are minor).

Management Plan Linkages N/A Relationship to Key Outcome Areas

People The assessment of this development application meets the key outcomes for People (set out on pages 32-33 of the Management Plan 2007-2010): • A City that plans for people by identifying their diverse needs and involving them

in decision making to improve their quality of life.

Submissions considered in assessment of proposal.


ITEM 5 (Continued) Assets The assessment of this development application meets the following key outcomes for Assets (set out on pages 34-35 of the Management Plan 2007-2010): This matter has no direct relationship to this key outcome area.

Environment The assessment of this development application meets the following key outcomes for Environment (set out on pages 36-38 of the Management Plan 2007-2010): • Clean water through control of pollution entering our waterways and through

protection of these waterways.

Controlled through conditions of consent. • Protected ecological systems and processes that support life and the

environment through actions that safeguard them.

Controlled through conditions of consent including pollution controls.

Governance The assessment of this development application meets the key outcomes for Governance (set out on pages 39-41 of the Management Plan 2007-2010): • Improved communication with the community and increased awareness and

understanding of Council’s decisions by the community.

Applications notified and resident’s comments sought. • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship.

Applications notified and resident’s comments sought. • Compliance with all legislative requirements and statutory obligations.


• An efficient and effective regulatory environment.



ITEM 5 (Continued) Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. Conclusion The changes to the floor space as submitted reflect the discussions arising from the resolution of Council. The applicant has not provided the drainage information but has requested that “Council consider the revised application on the basis of its merit for development approval and remove condition 2 from the Deferred Commencement Consent” being the condition that required a reduction in the floorspace. An updated Deferred Commencement recommendation has been included as an attachment to this report should Council be mindful to approve the application. RECOMMENDATION: That Local Development Application No. 592/200 to erect a 2 storey dwelling house at 32 Western Crescent, Gladesville being lot 34, section C in DP 1821 be considered by the Committee.

Sue Weatherley Group Manager Environment and Planning


ITEM 5 (Continued)

ATTACHMENT to Group Manager Environment & Planning Reports 29 June 2007 32 Western Crescent Gladesville – LDA592/2006 RECOMMENDATION: That Local Development Application No 592/2006 to erect a 2 storey dwelling house at 32 Western Crescent, Gladesville be approved as a Deferred Commencement Consent pursuant to section 80(3) of the Environmental Planning and Assessment Act 1979. This consent does not become operative until the matters referred to in Part 1 have been submitted to and approved by Council and Council has notified you in writing that the consent has become operative. Part 1 – Conditions Relating to a Deferred Commencement Consent pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979. The following conditions are Deferred Commencement conditions imposed pursuant to section 80(3) of the Environmental Planning and Assessment Act 1979. 1. A stormwater drainage plan shall be submitted to incorporate, but not be limited to,

the following:

(i) The drainage design shall be in accordance with Council's Development Control Plan 2006: - Part 8.2; Stormwater Management.

(ii) The drainage design shall comply with BASIX requirements with runoff

from at least 297m2 of roof area being collected and directed into a 2500L rainwater tank with overflow directed into an on site detention tank located under the garage.

(iii) The gutters, downpipes and pipeline conveying runoff to the OSD tank are

to be designed for the 1 in 100 year average recurrence interval 5 minutes duration storm.

(iv) Engineering details on a full A1 size plan showing invert and surface levels

of pits, pipeline, including cross-section of rainwater & OSD tanks with inlet/outlet and overflow invert levels clearly shown.

Part 2 – General Conditions of Consent The following requirements shall apply upon satisfactory completion of the requirements outlined in Part 1 of this consent (above).


ITEM 5 (Continued) GENERAL 1. Development is to be carried out in accordance with the plans A01D, A02D,

A04A and any drainage plans approved under PART 1 of this consent and support information submitted to Council as part of the development application.

2. All building works are required to be carried out in accordance with the

provisions of the Building Code of Australia. 3. Compliance with the Building Code of Australia

a) All building work (other than work relating to the temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made)

b) This clause does not apply to the extent to which an exemption is in force

under clause 187 or 188, in the Environmental Planning and Assessment Regulations 2000, subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4).


Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

a) A Construction Certificate is to be obtained in accordance with Section

81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be


c) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

5. The applicant may apply to the Council or an accredited certifier for the issuing

of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be

obtained from Council by telephoning 9952 8222 (Customer Service).


ITEM 5 (Continued) 6. The development is to be carried out in compliance with BASIX certificate No.

938335 dated 23 August 2006.

7. Any architectural and/or fixture changes to the development will require the submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act.

8. Residential Building Work

a) Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development to which the work relates:

i) in the case of work to be done under the Act: has been informed in

writing of the licensee’s name and contractor licence number, and is satisfied that the licensee had complied with the requirements of Part 6 of the Act; or

ii) in the case of work to be done by any other person: has been informed

in writing of the person's name and owner-builder permit number; or has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of “owner builder work” in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

b) A certificate purporting to be used by an approved insurer under Part 6 of the

Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purpose of this clause, sufficient evidence that the person has complied with the requirements of that Part.


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


ITEM 5 (Continued) (b) All excavations associated with the erection or demolition of a building

must be properly guarded and protected to prevent them from being dangerous to life or property.

10. Retaining walls and drainage


a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided.

b) adequate provision must be made for drainage. 11. Support for neighbouring buildings


a) If an excavation associated with the erection or demolition of a building

extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

i) must preserve and protect the building from damage, and ii) if necessary, must underpin and support the building in an approved

manner, and iii) must, at least 7 days before excavating below the level of the base of

the footings of a building on an adjoining allotment of land, give notice of intention to do so 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.

b) The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on an adjoining allotment of land.

c) In this clause, “allotment of land” includes a public road and any other public place.


a) If the work involved in the erection or demolition of a building is likely to

cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.


ITEM 5 (Continued) b) If necessary, an awning is to be erected, sufficient to prevent any

substance from, or in connection with, the work falling into the public place. c) The work site must be kept lit between sunset and sunrise if it is likely to

be hazardous to persons in the public place. d) Any such hoarding, fence or awning is to be removed when the work has

been completed.

13. Telephone Installations Conduits with draw in wires should be laid in concrete floors to the points where

telephone services are required. Consult the local Telecommunications Sales Office for advice.

14. Australia Post

Approval for the site and size of proposed household mailboxes must be obtained from Australia Post

. 15. Waste shall be disposed of in accordance with the Waste Plan submitted with

the application. Should you wish to vary the information provided in the Waste Management Plan you submitted to Council with your Development Application involving demolition works, you are required to give written advice to Council of any changes.

Council’s DCP 2006, Part 7.2 – Waste Minimisation and Management, sets out your obligations for waste management.

General Engineering Conditions 16. Design and Construction Standards. All engineering plans and work shall be

carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

17. Service Alterations. All mains, services, poles, etc., which require alteration

shall be altered at the applicant’s expense.

18. Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public


ITEM 5 (Continued) stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

PRIOR TO CONSTRUCTION CERTIFICATE 19. A security deposit (category: dwelling houses with delivery of bricks or concrete

or machine excavation) is to be paid to Council (Public Works and Services Group) as well as the infrastructure inspection fee. Please refer to Council's Management Plan for the current fee amounts.

20. An Enforcement Levy is to be paid to Council on lodgement of the


21. Documentary evidence of payment of the Long Service Levy under Section 34

of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

22. The applicant is to apply to Council, pay the required fee, and have issued

street alignment levels by Council prior to the issue of the Construction Certificate.

23. Documentary evidence of compliance with Conditions 19 – 22 to the satisfaction

of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.

24. Any gas hot water system installed as part of the development must achieve a

minimum 3.5 Star Greenhouse Score. The energy rating of the hot water system should be visible on the product at the place of purchase. The location and rating of any new hot water system is to be reflected on the plans submitted with the Construction Certificate.

25. The ceiling/roof area and walls must be fitted with insulation. Ceiling/roof

insulation must be rated R3.0 or equivalent and wall insulation must have an R1.5 or equivalent rating. Insulation of brick cavity walls is not required. Details are to be noted on the plans submitted with the Construction Certificate.

26. Water Efficient Fixtures - Showerheads and toilet cisterns shall be at least AAA

rated water efficient. Bathroom and kitchen taps shall be fitted with aerators and water closets shall have a dual flush cistern. Details are to be noted on the plans submitted with the Construction Certificate.


ITEM 5 (Continued) 27. A clothesline is to be provided to the rear yard or sheltered well-ventilated

space. 28. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the website www.sydneywater.com.au, see Your Business then see Building, Developing and Plumbing then Quick Check or telephone 13 20 92.


29. The applicant is to submit to and have approved by Council or an accredited

certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

30. City of Ryde will not issue a Construction Certificate without evidence of

Home Owners Warranty / Owner Builder’s Permit being submitted to Council. 31. Fire and Smoke Alarms are to be provided in accordance with Part 3.7.2 of the

Building Code. Location details are to be submitted and approved by Council or an accredited certifier prior to the release of the Construction Certificate.

32. Trees that are to remain on site are to be protected against damage during

construction. All mature trees to remain shall be clearly marked and a fence erected around their drip line. A qualified arborist shall inspect the tree protection measures and documentary evidence of tree protection measures is to be submitted to Council prior to the issuing of the Construction Certificate.

Engineering Conditions to be complied with Prior To Construction Certificate 33. Road Opening Permit. The applicant shall apply for a road-opening permit

where a new pipeline is proposed to be constructed within or across the footpath. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) are required within the road reserve. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.



ITEM 5 (Continued) 34. Drainage Security Deposit. The applicant shall lodge with Council a security

deposit of $1,000 prior to the issue of the Construction Certificate to ensure the Positive Covenant has been prepared, lodged and registered and that the onsite stormwater detention system is constructed in accordance with the approval plans; this includes the correct sediment sump construction and fitting of the orifice plate and debris screen in the outlet control pit. Refund of this security deposit will be made on satisfactory completion of the works and notification to Council of lodgement of the Positive Covenant with the Department of Lands.

35. Driveway Grades. The maximum grade of all internal driveways and vehicular

ramps shall be 1 in 4 and in accordance with the relevant section of AS 2890.1. In this regard the driveway width shall be limit to a maximum 4m width at the road boundary and the maximum change of grade permitted is 1 in 8 (12.5%) for summit grade changes and 1 in 6.7 (15%) for sag grade changes. Any transition grades shall have a minimum length of 2.0m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent. A driveway plan, longitudinal section from the centreline of the public road to the garage floor, and any necessary cross-sections clearly demonstrating that the driveway complies with the above details, and that vehicles may safely manoeuvre within the site without scraping shall be submitted with the Construction Certificate application.

36. Drainage Plans. The plans and supporting calculations of the proposed

drainage system, including the on-site detention system and details addressing any overland flow from upslope properties are to be submitted with the Construction Certificate application.

37. Any drainage pit within a road reserve, a Council easement, or that may be

placed under Councils’ control in the future, shall be constructed of caste in-situ concrete. Details shall be submitted with the Construction Certificate application.

38. On-Site Stormwater Detention. Stormwater runoff from all impervious areas

shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. Runoff, which enters the site from upstream properties, should not be redirected in a manner, which adversely affects adjoining properties.

The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council.


ITEM 5 (Continued) 39. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan

(ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.

The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan: (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control

structures (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable

slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around

disturbed areas (k) Procedures for maintenance of erosion and sediment controls (l) Details for any staging of works (m) Details and procedures for dust control.

PRIOR TO COMMENCEMENT 2. In issuing this approval, Council has relied on the information provided by you

about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works.

3. ‘Dial 1100 Before You Dig’ Underground pipes and cables may exist in the area. In your own interest and

for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

If alterations are required to the configuration, size, form or design of the


ITEM 5 (Continued) development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgement of an application for a Construction Certificate if this is the case.

42. Energy Australia Underground and overhead electric cables may exist in this area. In your own

interest and for safety, telephone Energy Australia on 13 1525 before excavating or erecting structures.

43. Tree Protection Zones are to be established around all trees to be retained on

the site prior to the commencement of any works including demolition or construction.

44. Tree Protection Zones are to be a minimum of 50% beyond the original drip line

of the tree or in accordance with the appointed Consultant Arborist's specifications and approved by Council.

45. Tree Protection Zones are to be fenced with post and solid rail fencing, ideally

chain link fencing would be used, and have signage attached stating “Tree Protection Zone – Keep Out”. This fencing must incorporate erosion control measures.

46. Removal of existing structures (demolition), plants and unwanted material within

tree protection zones must be undertaken by hand. No machinery is to be used within these areas unless approved by Council.

47. Tree Protection Zones, unless covering an area already hard paved, are to be

mulched, to a depth of 100mm, with high quality brush chip. This mulch is to be maintained for the duration of demolition and construction works.

48. All activities not relating to the maintenance of the trees are to be excluded from

the Tree Protection Zones. The area is not to be used for storage of materials, stockpiling, siting of work sheds, preparation of mixes, cleaning of tools or equipment, pedestrian or vehicular activity, including parking.

49. Refuelling and/or maintenance of machinery and equipment are not permitted

within 10 metres of any Tree Protection Zone. 50. The washing-down of machinery, chemical, concrete or cement handling

equipment or the storage of chemicals is not permitted within 10 metres of Tree Protection Zones.


ITEM 5 (Continued) 51. Original soil levels must be maintained within Tree Protection Zones. Council

approved cut and fill within this area must be done under the supervision of the appointed Consultant Arborist.

52. Placement of all underground services is to be outside of the Tree Protection

Zones. Where this is not possible, tunnelling or boring is to be used. Where boring or tunnelling is not possible, all excavation must be by hand. All work must be carried out under the direct supervision of the appointed Consultant Arborist.

53. Site personnel must be made aware of all Tree Protection requirements,

measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on the site.

54. Signage should be erected at all site entry points indicating that Tree Protection

Zones exist within the site. 55. Roots with a diameter equal to or larger than 25mm encountered during

excavation works outside of the Tree Protection Zones must be cleanly cut in accordance with accepted arboricultural practice.

56. Street trees that are to be retained, whilst not requiring exclusion fencing, will be

recognised to have Tree Protection Zones established around them. All restrictions applicable to areas within fenced Tree Protection Zones will apply to street trees. Existing driveways and footpaths that fall within any unfenced Street Tree Protection Zone, may be utilized for the specific purposed for which it was designed.

57. The area around street tree/s to be retained is not to be used for storage of

materials, stockpiling, siting of work sheds, preparation of mixes, cleaning of tools or equipment, pedestrian or vehicular activity, including parking.

58. Refuelling and/or maintenance of machinery and equipment are not permitted

on the road verge (nature strip). 59. Unless otherwise approved, original soil levels must be maintained at all times

on the road verge (nature strip). 60. Pruning or removal of street trees, without written Council consent, is not

permitted. Where works are deemed necessary, Council MUST be contacted and written consent obtained PRIOR to any works being carried out.


ITEM 5 (Continued) 61. Where a street tree sustains damage during the construction process, Council

must be notified within five (5) working days. Such notification can be made by contacting the Customer Service Centre on 9952 8222 between 8:30am and 4:30pm Monday to Friday.

62. Signage is to be provided on the site during the entire construction phase

signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

63. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

DURING CONSTRUCTION 64. Trees may be removed, pruned and maintained in accordance with the

recommendation in the report titled “Arboricultural Assessment Comprehensive” prepared by Urban Tree Management Australia Pty Ltd dated 30 January 2007 submitted to Council. In the event of any inconsistency between the recommendation in the report and a condition of consent, the condition shall prevail.

65. Any area disturbed during site preparation and during construction shall be re-

vegetated as soon as practicable. 66. The occasions on which building work must be inspected are:

a) at the commencement of the 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, wall, roof or other building

element e) prior to covering waterproofing in any wet areas f) prior to covering any stormwater drainage connections g) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Documentary evidence of compliance with Council’s approval and relevant

standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are


ITEM 5 (Continued) to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

Prior to occupation of the building, an occupation certificate must be obtained.

Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

67. In addition to the abovestated inspections, Council or an accredited certifier is

required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities:

a) Sediment control measures b) Tree Preservation and protection measures c) Security fencing d) Materials or waste containers upon the footway or road. e) PCA and principal contractor (the coordinator of the building work) signage

and site toilets 68. Proposed dwelling shall achieve a minimum 3.5 Star NatHERS energy rating of

internal thermal comfort. 69. Concrete wastes must be collected, stored and treated in accordance with the

Concrete Wastes guide published by the Environment Protection Authority. 70. Only unpolluted water is to be discharged to Council’s stormwater drainage

system. 71. The L10 noise level measured for a period of not less than 15 minutes while

demolition and construction work is in progress must not exceed the background noise level by more than 20 dB (A) at the nearest affected residential premises.

72. No spoil, stockpiles, building or demolition material is to be placed on any public

road, footpath, park or Council owned land. 73. All excavated material must be removed from the site. No fill is to be placed

above the natural ground level. 74. Site toilets shall be provided in accordance with the WorkCover Code of



ITEM 5 (Continued) 75. At all times work is being undertaken within a public road adequate precautions

shall be taken to warn, instruct and guide road users safely around the work site. Traffic control devices shall satisfy the minimum standards outlined in AS1742.3-1996 “Traffic Control Devices for Work on Roads”.

76. Glass doors and fixed panels so located in relation to other parts of the building

as to be capable of being mistaken as a doorway of unimpeded path or travel shall be provided with a Grade “A” Safety Glazing in accordance with AS 2008, Safety Glazing Materials for use in buildings (Human Impact Consideration). All other glazing shall be installed in accordance with Table 1A Appendix “A” of AS 1288 Glass Installation Code.

77. Panels and doors in paths of travel shall be provided with a midrail, motifs or

other approved permanent means of making the panels clearly distinguishable. Safety glass installations that are not carrying permanent safety glass markings in accordance with AS 2208, Safety Glazing Materials for Use in Buildings, shall be either legibly labelled, or a certificate furnished to Council or an accredited certifier and in each case the following information shall be given:

a) Distributor’s or installer’s name. b) Details of the original panel from which the piece was cut.

The original sheet bore permanent “safety glass” markings in accordance with

AS 22.08. 78. A first flush device shall be fitted to the rainwater tank system to divert the first

5mm of runoff from the area draining away from the storage tank (e.g. 0.5 litres per square metre).

79. Adequate provisions shall be made to prevent mosquitoes breeding in the tank

reservoir. This should include suitable screening to prevent eggs being laid within the tank.

80. All tanks and tank stand installations shall be structurally sound and comply with

the manufacturer and/or designer’s instructions. 81. Tanks must be a commercially manufactured tank designed for the use of water

supply. 82. Overflow from the tank shall be piped directly to an approved stormwater

system.


ITEM 5 (Continued) 83. The external finishes of tanks shall be painted or coloured to be compatible with

the surrounding environment. Alternatively, the water tank may be screened behind a permanent physical barrier that serves that purpose.

84. Taps associated with the tank shall be clearly marked indicating the source of

the water and that it is not to be used for Drinking Water. 85. The doors to the sanitary compartments must be open outwards, slide or be

readily removable from the outside of the compartment unless there is clear space of at least 1.2m between the closest pan and the nearest part of the doorway (3.8.3.3 of the Building Code of Australia).

86. Treads, risers and balustrades to comply with the Building Code of Australia

Part 3.9.1 and Part 3.9.2. Balustrading is to be a minimum 1.0 metre high and any openings are not to exceed 125mm.

87. All timber framing is to comply with Part 3.4.3 – Timber Framing of the Building

Code of Australia, 1996. 88. All steel framing is to comply with Part 3.4.2 – Steel Framing of the Building

Code of Australia, 1996. 89. Perimeter of slabs to be provided with a drop-edge beam so as to provide face

brickwork from the natural ground level. 90. Continuous balustrades shall be provided along the side/s of any stairway or

ramp, any corridor, hallway, balcony, access bridge or the like, any path of access to a building if:

a) it is not bounded by a wall; and; b) the change in level is more than one (1) metre, or five (5) risers in the case

of a stairway, from the floor or ground surface beneath except where specific exemptions are provided in the BCA

Balustrades shall prevent as far as practicable:

a) children climbing over or through it; b) persons accidentally falling from the floor; and c) objects, which might strike a person at a lower level falling from the floor

surface.


ITEM 5 (Continued)

Balustrade heights and designs shall comply with the BCA Clause D2.16, AS 1170 Part 1. Height above nosings of stair treads, landing, corridors and the like shall generally be not less than 865mm, except in the case of particular locations and specific classes of buildings. Applicants shall check building regulations and ensure compliance.

Engineering Conditions to be complied with Prior to Commencement of Construction 91. Sediment and Erosion Control. The applicant shall install appropriate



confirming that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities.


constructed at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and construction shall conform to the requirements of Council. Crossings are to be constructed in plain reinforced concrete and finished levels shall conform with property alignment levels issued by Council’s Public Works Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossings will not be permitted.

PRIOR TO OCCUPATION CERTIFICATE 94. Prior to the issue of the Occupation Certificate, the Principal Certifying Authority

is to ensure that the BASIX commitments have been implemented in accordance with the BASIX certificate.

95. A certificate from a suitably qualified person is to be submitted to the Principal

Certifying Authority (and Council, if Council is not the PCA) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1.


ITEM 5 (Continued) 96. A certificate from a suitably qualified person is to be submitted to the Principal

Certifying Authority (and Council, if Council is not the PCA) that the method of waterproofing wet areas has been provided in accordance with Part 3.8.1 of the Building Code of Australia and the requirements of the Australian Standard 3740 prior to wall tiling.

97. A certificate from a suitably qualified person is to be submitted to the Principal

Certifying Authority (and Council, if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code.

Engineering Conditions to be complied with Prior to Occupation Certificate 98. Compliance Certificates – Engineering. Compliance Certificates should be

obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA:

• Confirming that the driveway is constructed in accordance with the

construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.


• Confirming that all vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.



• Confirming that redundant vehicular crossing has been removed and the kerb and gutter have been constructed in accordance with Council’s Environmental Standards Development Criteria.


ITEM 5 (Continued) 99. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered

Surveyor clearly showing the surveyor’s name and the date, the stormwater drainage, including the on-site stormwater detention system if one has been constructed and finished ground levels are to be submitted to the Principal Certifying Authority (PCA) and to Ryde City Council if Council is not the nominated PCA. If there are proposed interallotment drainage easements on the subject property, a Certificate from a Registered Surveyor is to be submitted to the PCA certifying that the subject drainage line/s and pits servicing those lines lie wholly within the proposed easements.



101. Positive Covenant, OSD. The creation of a Positive Covenant under Section

88 of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The terms of the instruments are to be generally in accordance with the Council's draft terms of Section 88E instrument for Maintenance of Stormwater Detention Systems and to the satisfaction of Council.


ITEM 5 (Continued) No public submissions received.

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ALL RIGHTS RESERVED


City of Ryde




Tel: 9952 8222 Fax: 9952 8070



Date: 05/07/2007

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ITEM 5 (Continued)