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7 October 2004

NOTICE OF BUILDING & DEVELOPMENT COMMITTEE

A meeting of the Building & Development Committee of Burwood Council will be held at the Council Chamber, first floor, 2 Conder Street, Burwood on Tuesday 12 October 2004 at 6:00 pm. Pat Romano GENERAL MANAGER

Our Mission Burwood Council will create a quality lifestyle for its citizens

by promoting harmony and excellence in the delivery of its services

2 Conder Street Burwood NSW 2134, PO Box 240 Burwood NSW 1805 phone: 9911 9911 facsimile: 9911 9900 tty: 9744 7521

email: [email protected] website: www.burwood.nsw.gov.au

1 7 October 2004

AGENDA APOLOGIES DECLARATIONS OF INTERESTS INFORMATION ITEMS (ITEM DIN5/04) DEVELOPMENT APPLICATIONS RECEIVED 1 SEPTEMBER TO

30 SEPTEMBER 2004....................................................................................2 CONFIRMATION OF MINUTES

Recommendation That the Minutes of the following Building & Development Committee Meeting:

A. Building & Development Committee held on Tuesday 14 September 2004

as typed and circulated, be confirmed and signed as a true record of the proceedings of that meeting.

DEVELOPMENT APPLICATIONS (ITEM D.5/04) NO. 258 LIVERPOOL ROAD, ENFIELD - ERECTION OF TWO (2)

ADDITIONAL RESIDENTIAL UNITS AT THE REAR OF THE EXISTING TWO-STOREY COMMERCIAL PREMISES - DEVELOPMENT APPLICATION NO. D157/2004 ......................................................................................................5

CONFIDENTIAL ITEMS

No Items

BUILDING & DEVELOPMENT COMMITTEE 12 OCTOBER 2004

2 7 October 2004

(ITEM DIN5/04) DEVELOPMENT APPLICATIONS RECEIVED 1 SEPTEMBER TO 30 SEPTEMBER 2004

File No: D.0030.000 REPORT BY DIRECTOR OF PLANNING & ENVIRONMENT The Development Applications in this Report were received by Council in the period 1 September 2004 to 27 September 2004. 1. BD.2004.256 Shop 214, 98A-100 Burwood Road, Burwood (Westfield) – Adjusting area of an existing

shop. 2. BD.2004.257 Shop 1, 38 Belmore Street, Burwood – Installation of new stove and exhaust for Indian

restaurant. 3. BD.2004.258

52-60 Railway Parade, Burwood (Level 4, East Tower) – Internal office fitout and partitioning.

4. BD.2004.259 13 Jersey Road, Strathfield – Alterations and additions to existing Nursing Home.

5. BD.2004.260 Shops 3, 4 & 5, 32-34 Coronation Parade, Enfield – Use premises as café, retail giftware, toys and entertainment for children’s parties.

6. BD.2004.261 34 Lennartz Street, Croydon Park – Inground swimming pool to rear of existing dwelling. 7. BD.2004.262 282 Burwood Road, Burwood – Alterations and additions to existing residence/Endoscopy

Centre. 8. BD.2004.263 2/2A The Boulevarde, Strathfield – Change of use of existing hair salon to a Japanese

Takeaway Sushi Bar. 9. BD.2004.264 Lower ground floor, 29-31 Belmore Street, Burwood – Change of use of premises as a

crèche providing care for pre-school children of students undertaking Adult Migrant English Program.

10. BD.2004.265 43 Blenheim Street, Croydon Park – Proposed Dual Occupancy – Ground floor alterations

and rear first floor addition to existing dwelling and construction of a new single storey dwelling with attic room.


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11. BD.2004.266 Shops 314, 315 & 316, 98A-100 Burwood Road, Burwood (Westfield) – Consolidation of 3

shops. 12. BD.2004.267 Shop B112, 98A-100 Burwood Road, Burwood (Westfield) – Fitout for a clothing shop. 13. BD.2004.268 1 Duff Street, Burwood – New front fence, new carport, upgrading of landscaping and

external painting of existing dwelling. 14. CD.2004.7 (Complying Development) 22 Minna Street, Burwood – Timber framed awning at rear of existing dwelling. 15. BD.2004.269 13 Burwood Road, Burwood – Change of use of premises as a funeral services provider and

associated signage. 16. BD.2004.270 1 Appian Way, Burwood – Alterations and additions to an existing 2-storey dwelling. 17. BD.2004.271 6 Beresford Avenue, Croydon Park – Alterations, additions and new garage to rear of

existing dwelling. 18. BD.2004.272 Shop 226, 98A-100 Burwood Road, Burwood (Westfield) – Fitout for a ladies’ underwear

shop. 19. BD.2004.273 212 Burwood Road, Burwood - New signage for existing ANZ Bank. 20. BD.2004.274 185D Burwood Road, Burwood – Use premises as a real estate agency, new signage and

alterations and additions. 21. BD.2004.275 42 Beaumaris Street, Croydon Park – Demolition of existing dwelling and construction of a

new 2-storey dwelling. 22. BD.2004.276 6 Kembla Street, Croydon Park – New front fence and side fence to the right of an existing

dwelling. 23. BD.2004.277 16 Beresford Avenue, Croydon Park – Demolition of existing dwelling and construction of a

new single storey dwelling. 24. BD.2004.278 Kiosks 28 & 29, 98A-100 Burwood Road, Burwood (Westfield) – Two new kiosks.


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25. BD.2004.279 16 Fountain Avenue, Croydon Park – Demolition of existing dwelling and construction of a

new 2-storey dwelling.

26. BD.2004.280 31A Meryla Street, Burwood – Change of use to a physiotherapy clinic and additional car

space adjacent to existing garage. 27. BD.2004.281 Unit 8/174 Liverpool Road, Enfield – Use premises as a Finance & Insurance company

office and internal fitout. 28. BD.2004.282 Shop 214, 98A-100 Burwood Road, Burwood (Westfield) – Fitout for a shop selling beauty

products. 29. BD.2004.283 39 Seymour Street, Croydon Park – Alterations and additions to rear of existing dwelling. 30. BD.2004.284 120 Coronation Parade, Enfield – Proposed dual occupancy by construction of a new 2-

storey dwelling in the front and a single storey dwelling at the rear. 31. BD.2004.285 55R Lucas Road & 53R Bennett Street, Burwood – Resubdivision of existing lots.

No Decision – Information Item Only

Attachments There are no attachments for this report.


5 7 October 2004

(ITEM D.5/04) NO. 258 LIVERPOOL ROAD, ENFIELD - ERECTION OF TWO (2) ADDITIONAL RESIDENTIAL UNITS AT THE REAR OF THE EXISTING TWO-STOREY COMMERCIAL PREMISES - DEVELOPMENT APPLICATION NO. D157/2004

File No: BD 2004.157 REPORT BY DIRECTOR OF PLANNING & ENVIRONMENT Applicant: Tsang & Lee Pty Ltd Location: No. 258 Liverpool Road, ENFIELD Zoning: General Business 3(a) – Burwood Planning Scheme Ordinance, 1979 Proposal The application proposes to erect two (2) additional units at the rear of the existing commercial premises, which is currently used as a restaurant on the ground level with a residential unit above. Five (5) off-street car parking spaces are provided, with vehicle access from Beaumaris Street. Background The applicant held pre-Development Application meetings on the proposal and, following the discussions, submitted the application on 9th June 2004. Statutory Requirements Heads of Consideration The application is assessed under the provisions of Section 79C of the Environmental Planning and Assessment Amendment Act 1997, as amended, which includes: • The provisions of an environmental planning instrument and draft plans - Burwood Planning

Scheme Ordinance (BPSO).

• The impact of the development in relation to:

The context and setting of the development Shadowing of adjoining properties Traffic impact Streetscape and Urban Design issues

• The suitability of the site for development

• The public interest

• Social and economic impact

• Submissions made under the Act and Regulations

These matters are considered in the report.


6 7 October 2004

Locality

The site is located at the south eastern intersection of Liverpool Road and Beaumaris Street. It has an area of 256.2m2, a Liverpool Road frontage of 6.9m, a Beaumaris Street frontage (side boundary) of 37.165m and a rear lane (Legends Lane) frontage of 7m. Vehicle access is currently from Beaumaris Street and the rear lane. A two (2) storey commercial building, with a restaurant on the ground level and a residential unit on the 1st floor, occupy the site. Similar commercial shop premises are located to the east. A three-storey residential flat building (Nos. 260-264 Liverpool Road) located across Beaumaris Street, is currently under construction. Residential dwellings are located to the south of Legends Lane. ZoningThe site is zoned General Business 3(a) under BPSO, 1979. The proposal is permissible, with Council’s consent. Planning Assessment Devlopment Standard Required/Permitted Proposal Compliance Floor Space Ratio 1.5:1 1.49:1 Yes Height 4/5 storeys 2 storey plus car parking Yes Car Parking 5 5 Yes Streetscape Satisfactory Solar Access Satisfactory


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Floor Space Ratio & Height The maximum permissible Floor Space Ratio under Clause 55, BPSO 1979 is 1.5:1, with a maximum height of four (4) storeys, under Clause 56A. The proposed FSR is 1.49:1 which complies with the BPSO, 1979. The proposal retains the existing two-storey façade of the existing building, along Liverpool Road and Beaumaris Street. Due to the fall of Beaumaris Street, a lower level for car parking is accommodated within a three-storey building envelope that complies with BPSO, 1979. Streetscape and Urban Design The retention of the existing Liverpool Road and Beaumaris Street façades has preserved the existing uniformity of the shop premises facades along Liverpool Road. The proposed units are well integrated with the existing building and are set back from the rear lane. The design quality of the proposal has architectural merit and is supported. Car Parking The existing restaurant and residence each have one off-street car parking space. The proposed units require three (3) additional car parking spaces. In total, five (5) off-street parking spaces are provided. Referrals The Manager, Transportation has advised that the two (2) existing car spaces be maintained for the shop/restaurant and residence, and three (3) additional spaces be provided. The existing driveway is required to be increased in width from 2.5m to 5.5m and the kerb, between the driveway and Legends Lane shall be delineated as “No Stopping”. The Stormwater Concept Plan is satisfactory, subject to standard conditions. Community Consultation Council received two (2) submissions in regard to the proposal. One (1) submission does not object to the proposal, however, is concerned with parking issues in Legends Lane. This submission and accompanying photographs and previous correspondence have been referred to the Manager, Transportation. Whilst this issue is not part of this Development Application it should be noted that “No Parking” and “No Standing” signs have been erected in Legends Lane with enforcement by Council Rangers ongoing. A summary of the single objection received (No. 256 Liverpool Road) is as follows:

1. Objection

Loss of privacy from the proposed balconies.


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Planning Comments

The proposed units have rear balconies and planter boxes. 1.5m high solid privacy screen walls are proposed along the eastern common boundary, with No. 256 Liverpool Road. These screen walls need to be raised to 1.8m to ameliorate any privacy loss. A condition of consent is included in the recommendations.

2. Objection

Loss of solar access to the rear of No. 256 Liverpool Road.

Planning Comments

The proposal extends beyond the existing rear portion of the building, by approximately 8m. The proposal is set back from the rear lane by 4.85m. The site and adjoining properties to the east (including No. 256 Liverpool Road) are zoned General Business 3(a), and developments are permitted to extend to the boundaries. Although there will be some loss of solar access to No. 256 Liverpool Road, the loss will occur only in the afternoon. In view of the Commercial zoning and the orientation of these commercial properties, the loss in solar access is not considered significant.

Conclusion The proposal complies with the development standards of BPSO, 1979 and the architectural design responds well to the existing streetscape. The proposal has merits, will help rejuvenate this section of Liverpool Road and is recommended for approval. Recommendations A. That Development Application No. 157/2004 to erect two (2) additional units, and provision

of parking, at the rear of the commercial premises at No. 258 Liverpool Road, Enfield, be APPROVED subject to the following conditions:

(1) The development being carried out in accordance with the plans and specifications

submitted on 09/06/2004, except where amended by the conditions of consent. FEES (1) The fees and/or bonds shown in the Table of Fees, are to be paid to Council or another

approved collection agency (the Long Service Levy Corporation and its agents and an approved insurer under the Home Building Act 1989) and suitable evidence of payment is to be provided to the Principal Certifying Authority prior to the issuing of a Construction Certificate.


9 7 October 2004

TABLE OF FEES

FEES/BONDS TO BE PAID TO COUNCIL OR TO THE NOMINATED BODY PRIOR TO ISSUING A CONSTRUCTION CERTIFICATE

(2) Section 94 contribution for acquisition or improvement of parkland: $10,808.00

(Payment to be made to Council) (3) Section 94 Contribution for Roads and Traffic facilities for residential land: $439.80 (Payment to be made to Council) (4) If Council is nominated as the Principal Certifying Authority (PCA) an inspection fee is

to be paid. This fee is for six (6) inspections and any additional inspections, including re-inspections, shal

be levied and paid to Council upon booking of an appointment at the rate of $88.00 (including GST) per half hour or part thereof: $528.00

(Payment to be made to Council) (5) Building and Construction Industry Long Service Corporation levy $800.00 Payment to be made to Council, the Corporation or its Agent) (6) Damage Deposit - security deposit against damage occurring to Council's assets (footpath, road, stormwater, kerb and gutter etc) during building work: $15,000.00 (Payment to be made to Council prior to issue of a Construction Certificate and/or

commencement of demolition/bulk excavation) NOTE: This deposit is refundable if no damage occurs. (7) Construction by Council of the proposed Vehicular Crossing and if applicable, removal of existing redundant Vehicular Crossing: $1,680.00 (Payment to be made to Council) (8) Construction by Council of Council stormwater drainage works: $4,090.00 (Payment to be made to Council) PLANNING (1) The footpaths being kept clear of signs, fixtures and goods at all times. (2) The total gross floor space of the building being restricted to 1.49:1. (3) The applicant consulting with Energy Australia to determine the need for an electrical supply

isolation junction box within the front landscaped area and, if such installation is required, it being set back at least one (1) metre from the front or side boundary to enable adequate landscape planting to be provided to screen such installation. The location of such installation is to be shown on the landscaping plan for approval of this Council and Energy Australia, prior to the issuing of a Construction Certificate.

(4) Samples and details of all external surface materials being submitted for Council's approval,

prior to the issuing of a Construction Certificate.


10 7 October 2004

(5) No drying of clothing being permitted on balcony and patio areas which are visible from a

public place. (6) Demolition or construction work including deliveries of materials, etc. which would result in

footpaths and/or roads being blocked shall not be carried out on Saturdays. (7) The noise emitted by the air-conditioning equipment being inaudible in your neighbours'

homes between 10pm and 7am weekdays and 10pm and 8am on weekends and public holidays.

(8) Dilapidation surveys are to be carried out at the applicants/owners expense on all premises

adjoining the site and submitted to Council and the adjoining land owners prior to any demolition work and prior to the issuing of a Construction Certificate. A survey is also to be carried out and submitted to Council prior to the issuing of an Occupation Certificate. The dilapidation surveys shall be dated accordingly.

(9) The applicant shall take all necessary precautions to adequately protect adjoining properties

during demolition. This shall include the submission to Council of specific details of the protection to be employed prior to demolition commencing.

(10) Prior to the issuing of an Occupation Certificate, Council is to receive a payment of pro-rata

fees for and receipt from Council of mobile garbage bins for the development. (11) A "Work as Executed" drainage plan is to be submitted for Council's approval prior to the

issuing of either an Occupation Certificate or a Subdivision Certificate.

(12) Provision of sunshading devices to all bedrooms and kitchen windows facing west. Details of the devices are to be submitted with the Construction Certificate drawings for approval.

(13) All works are to be located within the site boundaries.

(14) A Section 73 Compliance Certificate under the Sydney Water Act, 1994 must be obtained. Application must be made through an authorized Sydney Water Servicing Coordinator (for details see e-Developer at www.sydneywater.com.au or telephone 13-20-92). The Section 73 Certificate must be submitted to the Principal Certifying Authority (PCA) prior to the release of any Linen Plan of subdivision and/or Occupation Certificate of the development.

(15) Strata Subdivision of the building must be a separate application lodged to Council for consideration.

(16) The planter boxes are to adequately be drained and planting maintained for a minimum of two (2) years after completion of the development.

(17) The commercial use (restaurant) is to be confined to the ground floor of the premises, located on the Liverpool Road frontage.

(18) The privacy screens on the eastern edge of the proposed balconies are to be a minimum of 1.8m high.

(19) All windows and sliding doors are to be provided with key operated locks as a crime


11 7 October 2004

prevention measure and for the security of future residents. (20) Compliance with recommended indoor design sound levels of Australian Standard –

AS2107, with regard to road traffic noise criteria. (21) Provision of noise dampening treatment to the floor of units, to reduce the intrusion of

impact noise, between residential units. (22) Installation of water saving appliances and fittings – dual flushing toilets, shower heads and

taps. (23) Installation of energy saving appliances for the hot water system (solar system),

refrigeration, heating and cooling system, lighting, cooking, dishwasher, clothes washing and drying.

(24) The roof/ceiling is to be insulated to reduce energy usage. (25) Install skylights for natural lighting, to the toilets, bathrooms, stairway and kitchen to reduce

electrical energy usage. (26) The planter boxes are to have indigenous/native plants to reduce water usage BUILDING (1) Where residential building work (within the meaning of the Home Building Act 1989) is

proposed to be carried out, either of the following is to be provided to the Principal Certifying Authority prior to the issuing of a Construction Certificate:-

a. Where work is carried out by a licensed tradesman or builder: (i) written advice of the licensee's name and contractor licence number, and

(ii) a certificate purporting to be issued by an approved insurer under Part 6 of the

Home Building Act 1989 to the effect that a person is the holder of an insurance contract issued for the purposes of that Part.

OR b. Where work is carried out by an owner-building:-

(i) written advice of the person's name and Owner-Builder Permit number, or

(ii) a signed declaration from the owner of the land that states the reasonable market cost of the labour and materials involved in the work is not high enough for the owner to need an Owner-Builder's Permit to do the work.

(2) All building work must be carried out in accordance with the provisions of the Building

Code of Australia. (3) Your attention is directed to the following:-


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WARNING Building plans which form part of a Construction Certificate, and are suitably endorsed,

must be submitted to a Sydney Water, Quick Check agent or Customer Centre before the commencement of work.

For Quick Check agent details refer to the website www.sydneywater.com.au, see “Your Business” then ‘Building & Developing’ then ‘Building and Renovating’, or telephone 13 20 92.

The applicant will need to provide the following information:- a. The address of the property including House, Lot and Deposited Plan number. b. The name and address of the owner and the builder. c. The type of building, type of construction and the estimated cost. The approved plans and application will be checked to determine whether the proposed

works meets with the requirements of Sydney Water concerning:- a. Location of sanitary fixtures;

b. Relationship of the building to water-mains, sewers and stormwater drains and/or easements; and if further requirements need to be met.

Plans will be appropriately stamped. FAILURE TO SUBMIT THESE PLANS BEFORE COMMENCING WORK WILL

RENDER THE OWNER LIABLE TO A PENALTY AND MAY RESULT IN THE DEMOLITION OF THE WORK AT THE BUILDER'S EXPENSE.

(4) The building works are to be inspected during construction by Council or an appropriate

Accredited Certifier at the stages of construction listed in the following schedule, WHERE APPROPRIATE, and a Compliance Certificate verifying that the construction satisfies the standards specified in the Building Code of Australia or in this approval is to be submitted to the Principal Certifying Authority before proceeding beyond the relevant stage of construction.

SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION

after excavation for, and prior to the pouring of, any footings

prior to pouring any in-situ reinforced concrete building element

prior to covering of the framework for any floor, wall, roof or other building element

prior to covering waterproofing in any wet areas,

prior to covering any stormwater drainage connections, and

after the building work has been completed and prior to any occupation certificate being


13 7 October 2004

issued in relation to the building.

(5) An application for a Construction Certificate is to be made to Council or an Accredited Certifier. Council's 'Construction Certificate Application' is to be used where application is made to Council. Copies are available upon request. A Construction Certificate must be obtained prior to the commencement of building work.

(6) The floor of the wet areas being of a material impervious to moisture and graded and

drained to the sewers of Sydney Water. (7) Treatment for the protection of the building from subterranean termites must be carried out

in accordance with AS 3660.1 'Protection of Buildings from Subterranean Termites - Part 1: New Buildings'.

If the method of protection is to be by way of a chemical barrier, it becomes the

responsibility of the owner to maintain a suitable maintenance procedure in accordance with the manufacturer's requirements. Such responsibility is placed solely upon the owner.

After treatment the following is to be carried out:- a. A durable notice must be permanently fixed to the building in a prominent location,

such as the meter box, indicating:-

(i) The method of protection. (ii) The date of installation of the system. (iii) Where a chemical barrier is used, its life expectancy as listed on the National

Registration Authority label. (iv) The installer's or manufacturer's recommendation for the scope and

frequency of future inspection for termite activity.

b. Provide the Principal Certifying Authority with a Certificate which verifies that termite protection has been provided in accordance with AS 3660.1. In the case of Reinforced Concrete Slab construction the Certificate is to verify that the protection incorporates both beneath slab (Part A) and slab penetrations (Part B) treatment.

Details showing compliance with this requirement must be noted on the plans or in the

specifications prior to the issuing of a Construction Certificate. (8) A registered surveyor's certificate being submitted as follows:- a. Before proceeding beyond floor height to show boundary clearances; and b. On completion of the building to show boundary clearances and areas of the site

occupied by the building. (9) The approved structure shall not be used or occupied unless an Occupation Certificate (being

a Final Certificate or an Interim Certificate) as referred to in section 109C(1)(c) of the Environmental Planning & Assessment Amendment Act has been issued.

Council's 'Occupation Certificate Application' (Form 12) is to be completed prior to final

inspection of the building. Copies are available on request.


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An application for an Occupation Certificate must be delivered by hand, sent by post or transmitted electronically but may not be sent by facsimile transmission. The application will not be approved by the Principal Certifying Authority until such time as:-

a. The building/s is suitable for use or occupation in accordance with its classification

under the Building Code of Australia. b. The building owner has submitted a Fire Safety Certificate to the Principal Certifying

Authority.

(vide section 109M Environmental Planning & Assessment Amendment Act & clause 149 Environmental Planning & Assessment Regulation 2000)

(10) Structural engineer's details prepared and certified by an Accredited Certifier or practising

Structural Engineer for all reinforced concrete and structural members being submitted to the Principal Certifying Authority for approval prior to the issuing of a Construction Certificate.

(11) Safety glazing complying with B1.3 of the Building Code of Australia must be used in

every glazed door or panel that is capable of being mistaken for a doorway or unimpeded path of travel. The glazing must comply with Australian Standard 1288 - Glass in Buildings - Selection and Installation.

Should an alternative method of complying with B1.3 of the Building Code of Australia be proposed, please submit details to the Council for approval prior to installation. Such details are to show compliance with the performance provisions under BP1.1 of the Building Code of Australia.

(12) Fire Resistance Levels of all structural members, including external and internal walls,

spandrels, external and internal columns, lift shafts and stair shafts, ventilation, pipe and like shafts, floors and roofs shall comply with the requirements of Specification C1.1 of the Building Code of Australia. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(13) All materials used in the building must comply with early fire hazard criteria of

Specification C1.10 of the Building Code of Australia. (14) Openings in floors, walls and shafts for services must comply with C3.12, C3.13 and C3.14

of the Building Code of Australia. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(15) Vertical separation of openings in external walls shall comply with the requirements of

Clause C2.6 of the Building Code of Australia. Details of the method of achieving this must be noted on the plans prior to the issuing of a Construction Certificate.

(16) A doorway of a sole occupancy unit or other room providing access to a public corridor,

public hallway or the like, or landing of an internal non-fire isolated stairway that serves as a required exit, shall be fitted with approved self-closing doors fitted to frames and the whole assembly, including necessary hardware, shall have a Fire Resistance Level of not less than -/60/30. All fire doors and frames shall be labelled in accordance with Australian Standard 1905.1 SAA "Fire Door Code". Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction


15 7 October 2004

Certificate. (17) A swinging door in a required exit or forming part of a required exit shall swing in the

direction of egress unless it serves a building or part with a floor area not more than 200 square metres, it is the only required exit from the building or part and is fitted with a device that will automatically hold it in the open position. Sanitary and airlock compartments excluded. Details of the method of achieving this must be noted on the plans prior to the issuing of a Construction Certificate.

(18) Every exit so located that its use may otherwise be obstructed by the parking of vehicles

being provided with two bollards or other suitable barrier, to provide a clear space of 1000mm wide leading to or from the exit door as required by Clause D1.10 of the Building Code of Australia. Details of the method of achieving this must be noted on the plans prior to the issuing of a Construction Certificate.

(19) The space below a flight of stairs of a required non-fire isolated stairway (including an

external stairway), shall not be enclosed to form a cupboard or enclosed space, unless the enclosing walls and ceilings have a Fire Resistance Level of not less than 60/60/60 and any access doorway to the enclosed space is fitted with a self-closing -/60/30 fire door. A certificate detailing and certifying the Fire Resistance Levels provided shall be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate for the building.

(20) The building being provided with both access and sanitary facilities for people with

disabilities. The sanitary facilities are to be provided in accordance with F2.4 of the Building Code of Australia (BCA) and are to comply with the requirements of Clause 10 of AS 1428.

Access is to be provided to and within the building so as to comply with all the requirements

of Part D3 of the BCA and the relevant provisions of AS 1428, in particular:- a. Access is to be provided from the allotment boundary at the point of entry from a

road to the entrance floor. b. Access is to be provided through the principal public entrance. c. Suitable identification signs and/or symbols, as well as necessary directional signs,

incorporating the symbol for access by disabled people, being provided to comply with Clause 14.

d. Attention is directed to Clause 7 in respect of the clear circulation space required to

doorways. e. Access is to be provided from any carparking space which is required to be provided

by D3.5 of the BCA. f. A carparking space required to be provided by D3.5 of the BCA, is to be identified,

on the floor and behind the space, for use by disabled people and a series of signs are to be provided from the driveway entrance to indicate the location of the space.

g. Required stairways complying with the requirements of Clause 9.


16 7 October 2004

h. The step at the front door being reduced to nil at the threshold by the provision of a short ramp (450 mm maximum length and 1:8 maximum gradient) to facilitate access for disabled people.

Details of the method of achieving this must be noted on the plans or in the specifications

prior to the issuing of a Construction Certificate. (21) Balcony balustrades being a minimum height of 1m. Details of the method of achieving

this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(22) 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 Building Code of Australia. Balustrades shall prevent as far as practicable: a. Children climbing over or through it; and 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 Clause D2.16 of the Building Code of

Australia and Australian Standard 1170 Part 1. Height above nosings of stair treads, landing, corridors and the like shall generally be not les than 865mm, except in the case of particular building regulations and ensure compliance.

Details of the method of satisfying these requirements must be noted on the plans or in the

specifications prior to the issuing of a Construction Certificate. (23) A door in a required exit, forming part of a required exit or in the path of travel to a

required exit, must be easily operable without a key from the side that faces a person seeking egress, by a single hand downward action on a single device which is located between 900mm to 1.2m from the floor. Details of the method of satisfying this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(24) The rise and going of the stairs are to satisfy the requirements of D2.13 of the Building

Code of Australia. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(25) Fire door leafs and frames shall be tagged and framed in accordance with the requirements

of Australian Standard 1905-1984 (Part 1) "SAA Fire Door Code Part 1 - Fire Resistant Doorsets".


17 7 October 2004

(26) Illuminated exit signs complying with Australian Standard 2293 - Emergency Lighting in Buildings, E4.5 and E4.8 of the Building Code of Australia, must be installed on, above or adjacent to the doors referred to in E4.5 of the Building Code of Australia. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(27) Illuminated directional exit signs complying with Australian Standard 2293 - Emergency

Evacuation Lighting in Buildings and E4.8 of the Building Code of Australia must be located appropriately as indicated in E4.6 of the Building Code of Australia. The location of these signs must be discussed with and approved by the Principal Certifying Authority prior to installation.

(28) Emergency lighting complying with Australian Standard 2293 - Emergency Lighting in

Buildings and E4.2, E4.3 and E4.4 of the Building Code of Australia must be installed in the building. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

Additional details and a floor plan prepared by an Accredited Certifier, Electrical Engineer or other suitably qualified person must be submitted to the Principal Certifying Authority for approval prior to installation and must include the following:-

a. The location of proposed emergency light fittings and exit signs; b. The height of which fittings are to be mounted; c. The location of all distribution boards; d. The brand, code number and photometric classification of the fittings to be used. (29) Portable fire extinguishers shall be installed in the building or portions of the building,

compatible to the hazard/s posed by equipment or functions associated with the use of the building. They are to be provided as listed in Table E1.6 of the Building Code of Australia and must be selected, located and distributed in accordance with AS 2444. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(30) The Class 2 or 3 building being equipped with a smoke alarm system as required by Table

E2.2a of the Building Code of Australia and in accordance with the enclosed information sheet.

Mains powered smoke alarms complying with AS3786 are to be installed at or near the

ceiling in - a. any storey containing bedrooms –

(i) between each part containing bedrooms and the remainder; and

(ii) where bedrooms are served by a hallway; in that hallway; and b. any other storey not containing bedrooms, in egress paths; and c. in public corridors and other internal public spaces so that a sound pressure level of 85


18 7 October 2004

dB(A) is provided at the door to each sole-occupancy unit. details of the method of complying with this requirement must be noted on the plans or in

the specifications prior to the issuing of a Construction Certificate. (31) Mechanical ventilation/air conditioning details are to be submitted to Council or the

Accredited Certifier for approval prior to the issuing of a Construction Certificate and must include the following:-

a. The location and size of proposed ductwork; b. The location of equipment; c. The performance characteristics of the proposed motor/s and fan/s; d. The air flow characteristics of the system.

At the completion of work a Compliance Certificate from an Accredited Certifier, Mechanical Engineer or other suitably qualified person, to the effect that the ventilation system has been installed and performs in accordance with the provisions of Part F4 of the Building Code of Australia, Australian Standard 1668 "SAA Mechanical Ventilation and Air Conditioning Code", Part 1 and Part 2, Australian Standard 3666-1989 and the Noise Control Act, 1975, must be submitted to the Principal Certifying Authority before an Occupation Certificate is issued.

(32) All fire safety measures are to be maintained. The fire safety measures and their minimum

standard of performance are designated in the attached Schedule 1.

SCHEDULE 1 FIRE SAFETY SCHEDULE

PROPOSED FIRE SAFETY MEASURES

MEASURE STANDARD

Automatic smoke detection and alarm systems Spec. E2.2a BCA Emergency lighting AS/NZS 2293.1 Exit signs AS/NZS 2293.1 Fire doors AS 1905 Mechanical air handling systems AS 1668 Portable fire extinguishers AS 2444

(33) A Fire Safety Certificate (copies available from Council) is to be given to the Certifying

Authority prior to applying for an Occupation Certificate or Interim Occupation Certificate and thereafter once in every 12 month period an Annual Fire Safety Statement is to be given to Council. The certificate and statement attest to both the inspection of all essential fire safety measures by a properly qualified person and to the regular maintenance of the fire safety measures. A copy of the Fire Safety Certificate and the Fire Safety Schedule are to be given to the Commissioner of New South Wales Fire Brigades by the building owner and copies of these documents are to be prominently displayed in the building. Similarly copies of Annual Fire Safety Statements are also to be given to the Commissioner and displayed in the building.


19 7 October 2004

(vide clause 153 & Division 3 of the Environmental Planning & Assessment Regulation

2000) (34) Provide sanitary facilities in accordance with Part F2 of the Building Code of Australia.

Details of achieving compliance with this condition shall be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate.

(35) The builder is to take all precautions to ensure footpaths and roads are kept in a safe condition and to prevent damage to Council's property. Pedestrian access across the footpath must be maintained at all times. Any damage caused will be made good by Council at Council's restoration rates, at the builder's expense.

(36) No opening is to be made in any road or footpath, nor is any hoarding to be erected without

the prior consent of Council. The builder is to obtain the relevant permit for which fees will be charged in accordance with Council's Schedule of Fees and Charges.

(37) No materials are to be stored on Council's roads, footpaths or parks. (38) The builder shall erect and maintain in good order all necessary hoardings, barricades and

warning signs required to provide adequate public safety. Night warning lamps are to be provided where necessary.

(39) Public roads to be kept clean and free of any material which may fall from vehicles or

plant. Waste containers shall be placed in accordance with Council's Code for Activities Affecting Roads and are subject to the payment of appropriate fees.

(40) Heavy vehicles entering and leaving the site must only cross the footpath where it is

adequately timbered and strapped. Pedestrian access across this footpath must be maintained in good order at all times during the excavation work.

(41) No work involving the use of mechanical plant and equipment being carried out other than

between the hours of 7am - 5.30pm Monday to Fridays and 7am - 1pm on Saturdays, with no work at all being carried out on Sundays and Public Holidays.

(42) Hours of construction work shall be from 7am to 5.30pm Mondays to Fridays inclusive,

and from 7am to 1pm Saturdays. No construction work shall be carried out on Sundays. The owner/builder shall be responsible for the compliance of this condition by all sub-contractors, including demolishers.

ENGINEERING (1) All activities and works external to the site, or that affect public roads, are to be carried out

in accordance with Council's Code for Activities Affecting Roads. (2) A road-opening permit shall be obtained for all works carried out in public or Council

controlled lands. Restoration of landscaping, roads and paths shall be carried out by Council at the applicant's expense in accordance with Council's restoration rates. The applicant or any contractors carrying out works in public or Council controlled lands shall have public liability insurance cover to the value of $10 million, and shall provide proof of such cover to the Principal Certifying Authority prior to carrying out the works.


20 7 October 2004

(3) Spoil and building materials shall not be placed, stored or caused to fall within any public

roadway or footpath. Waste containers shall be placed in accordance with Council's Code for Activities Affecting Roads. Council's fee shall be paid prior to the placement of the waste containers.

(4) The builder is to ensure footpaths and roads affected by construction works are kept safe

and prevent any damage to Council property. The builder shall erect and maintain where necessary approved hoardings, barricades, warning signs and night warning lamps to ensure public safety. Pedestrian access across the footpath must be maintained at all times.

(5) The following matters shall apply to the damage deposit listed in the Table of Fees:-

a. This deposit is refundable if no damage occurs. Any damage caused will be repaired

at Council's restoration rates, at the applicant's expense. All or part of the deposit will be forfeited to cover damage to Council's property during the course of demolition and/or construction.

b. Council will only carry out two inspections of the Council's footpath, kerb and gutter,

drainage system and roadway, prior to works commencing and at the completion of all work covered by this consent. Council is aware that damage may be caused by individual contractors that culminates in the damage inspected at Council's final inspection. The applicant is responsible for attributing any part of the damage to their individual contractors. Council will not refund any part of a damage deposit until the completion of the work covered by this consent.

(6) The following matters apply to the construction of the proposed vehicular crossing listed in

Table of Fees:-

a. A 3m wide extension to the existing vehicular crossing in Beaumaris Street (total width 5.5m) shall be constructed by Council at the applicant's cost.

b. The cost of any necessary adjustments to public utility services is not included, and

shall be paid by the applicant to the relevant authority prior to Council commencing the work.

c. The driveway shall be 1m clear of any pits, lintels, poles and 2m clear of trees in the

road reserve. d. All redundant vehicular crossings shall be removed and replaced with kerb and gutter

and footpath at no cost to Council.

(7) Stormwater from all roof and paved surfaces shall be collected and discharged by means of a gravity pipe to Council's street drainage system.

(8) The applicant is to have prepared a longitudinal section of the proposed vehicular ramp

access, drawn at 1:25 natural scale.

a. The longitudinal section shall be prepared by a competent practicing civil engineer in accordance with AS 2890.1.

b. The design is to be reviewed by Council or an Accredited Certifier - Civil


21 7 October 2004

Engineering. The Principal Certifying Authority is to be provided with a Compliance Certificate verifying that this condition has been complied with, prior to the issuing of a Construction Certificate.

(9) Temporary measures shall be provided during demolition, excavation and/or construction

to prevent sediment and polluted waters discharging from the site.

a. An erosion and sediment control plan showing such measures shall be prepared by a competent practicing hydraulic/civil engineer in accordance with Supplement 10 of Council's Stormwater Management Code.

b. The erosion and sediment control plan is to be reviewed by Council or an Accredited

Certifier - Civil Engineering. The Principal Certifying Authority is to be provided with a Compliance Certificate verifying that this condition has been complied with, prior to the issuing of a Construction Certificate or commencement of demolition.

(10) All demolition and excavation materials are to be removed from the site or disposed of on

site using methods that comply with relevant environmental protection legislation. (11) Vehicles removing demolished materials from the site shall access and depart from the site

through Beaumaris Street and Liverpool Road. Vehicles involved in removing materials from the site shall be limited to an 8 tonne gross weight.

(12) A detailed drainage study shall be prepared by a competent practicing hydraulic/civil

engineer and submitted to the Principal Certifying Authority.

a. The study shall demonstrate that the development has no adverse effects on adjoining properties as a result of flooding and stormwater runoff and that there is adequate protection for buildings against the ingress of surface runoff.

b. The drainage study is to be reviewed by Council or an Accredited Certifier - Civil


(13) Stormwater runoff from all roof and paved surfaces shall be collected and discharged by

means of a gravity pipe system to:-

a. Council's drainage system located at Legends Lane to the south. (14) A detailed drainage design shall be submitted to the Principal Certifying Authority.

a. The design and calculations shall indicate the details of the proposed method of stormwater disposal and shall be prepared by a competent practicing hydraulic/civil engineer in accordance with Council's Stormwater Management Code.

b. Allowance shall be made for surface runoff from adjacent properties, and to retain

existing surface flow path systems through the site. Any redirection or treatment of these flows shall not adversely affect any other property.

c. Overflow paths shall be provided to allow for flows in excess of the capacity of the


22 7 October 2004

pipe/drainage system draining the site, as well as from any on-site stormwater detention storage.

d. The design is to be reviewed by Council or an Accredited Certifier - Civil


(15) Details and calculations shall be prepared by a competent practicing hydraulic/civil

engineer. They shall include:

a. a catchment plan,

b. plans showing proposed and existing floor, ground and pavement levels to AHD,

c. details of pipelines/channels showing calculated flows, velocity, size, materials, grade, invert and surface levels,

d. details and dimensions of pits and drainage structures,

e. hydrologic and hydraulic calculations,

f. details of any services near to or affected by any proposed drainage line,

g. any calculations necessary to demonstrate the functioning of any proposed drainage

facility is in accordance with Council's requirements.

h. The depth and location of any existing stormwater pipeline and/or channel being connected to shall be confirmed by the applicant on site. Certification of such is to be provided to Council prior to the release of the construction certificate.

The details and calculations are to be reviewed by Council or an Accredited Certifier - Civil Engineering. The Principal Certifying Authority is to be provided with a Compliance Certificate verifying that this condition has been complied with, prior to the issuing of a Construction Certificate.

(16) On-site stormwater detention storage shall be provided in conjunction with the stormwater

disposal system. a. This storage shall be designed by a competent practicing hydraulic/civil engineer in

accordance with Council's Stormwater Management Code and submitted to the Principal Certifying Authority.

b. The design is to be reviewed by Council or an Accredited Certifier - Civil


(17) The following matters shall apply to the Council stormwater works listed in the Table of

Fees.

a. The Council stormwater works consist of laying a 375mm RCP across the lane to


23 7 October 2004

connect to existing pit. b. An engineering design and calculations prepared by a competent practicing

hydraulic/civil engineer in accordance with Council's Stormwater management Code shall be submitted to the Principal Certifying Authority.

(i) The depth and location of all services within the area that would be affected

by the construction of the stormwater pipe (i.e. gas, water, sewer, electricity, telephone, traffic lights, etc.) shall be confirmed by the applicant on site and are to be included on the design drawings.

(ii) Any adjustments required will be at the applicant's expense. The relevant

authority's written consent for any adjustments or works affecting their services shall be obtained and submitted to the Principal Certifying Authority, prior to construction commencing.

(iii) All pipes shall be 375mm diameter reinforced concrete spigot and socket with

rubber ring joints. A Council standard pit shall be constructed in the street outside the property boundary for the property's stormwater to connect to. The stormwater works described above shall be constructed at the applicant's expense. The applicant shall pay the contribution listed in the Table of Fees for Council to construct the stormwater works described above.

c. The design is to be reviewed by Council or an Accredited Certifier - Civil


(18) The stormwater works on the development property and connection to Council's

stormwater system are to be inspected during construction by a competent practicing hydraulic/civil engineer. The inspections are to be carried out at the stages of construction listed in the following schedule. A compliance Certificate verifying that the construction is in accordance with the approved design, this development consent and satisfies the relevant Australian Standard is to be submitted to the Principal Certifying Authority before proceeding beyond the relevant stage of construction.

SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION a. Following placement of pipe bedding material. Confirm trench/pipe location, adequacy

of depth of cover, bedding material and depth.

b. Following joining of pipes and connection to Council's stormwater system. c. For on-site detention systems:-

(i) Following set out of detention tank/area to confirm area and volume of storage.

(ii) Following placement of weep-holes, orifice and/or weir flow control, outlet

screen and overflow provision. d. Following backfilling. Confirm adequacy of backfilling material and compaction.


24 7 October 2004

(19) Following completion of all drainage works:-

a. Works-as-executed plans, prepared and signed by a registered surveyor, shall be

prepared. These plans shall include levels and location for all drainage structures and works, buildings (including floor levels) and finished ground and pavement surface levels. These plans are to be reviewed by the competent practicing hydraulic/civil engineer that inspected the works during construction.

b. The Principal Certifying Authority is to be provided with a Compliance Certificate

from a competent practicing hydraulic/civil engineer. The Compliance Certificate shall state that all stormwater drainage and related work has been constructed in accordance with the approved plans and consent conditions as shown on the work-as-executed plans, prior to the issuing of an Occupation Certificate.

(20) Habitable floor levels shall be a minimum of 150mm above the surrounding finished

ground levels. Garage floor levels shall be a minimum of 100mm above the surrounding finished ground levels.

(21) Grated drains shall be provided along the property boundary at the vehicular crossings and

are to connect to the internal drainage system. The Principal Certifying Authority is to be provided with a Compliance Certificate from a competent practicing hydraulic/civil engineer. The Compliance Certificate shall state that the grated drains have been constructed in accordance with the approved plans and this consent condition as shown on the work-as-executed plans, prior to the issuing of an Occupation Certificate.

(22) A Positive Covenant under section 88E of the Conveyancing Act shall be created on the

title of the property(s) detailing the

i) On-site Stormwater Detention system incorporated in the development. The wording of the Instrument shall include but not be limited to the following:-

a. The proprietor of the property agrees to be responsible for keeping clear and the

maintenance of the facilities consisting of:-

i) On-site Stormwater Detention system

(23) Submission of a Stormwater Drainage Concept Plan (SDCP), outlining the treatment and disposal of all stormwater from the proposed development site. The plan is to demonstrate that the methods proposed are feasible and comply with Council’s Stormwater Management Code, and include survey information about structures, surface flow paths and ground levels extending at least 5m beyond the property boundaries.

TRAFFIC

(1) Off-street parking for the existing shop and unit must be maintained at two (2) spaces.

(2) The two (2) new units must be allocated a minimum of three (3) spaces to service their needs.


25 7 October 2004

(3) All residential parking spaces shall be clearly delineated.

(4) Parking space dimensions must comply with AS2890.1-1993 and DCP 22.

(5) A two-way, 5.5m wide access driveway must be provided, with gradient into parking areas to comply with AS2890.1-1993.

(6) Height clearance of 2.2m must be provided in car park.

(7) Stacked spaces must be assigned to the same unit.

(8) The area between the driveway and Legends Lane to be delineated as No Stopping by signs and solid yellow line.

(9) Entry to and from the property must be in a forward direction.

(10) Prior to construction, a nominated truck route must be submitted to Council’s Manager, Transportation for approval.

B. That the correspondents of the submission be advised of Council’s determination.

ASSOCIATED ROADWAY COSTS

(1) That the applicant shall accept responsibility for all costs associated with the design; construction; alteration; adjustment; relocation or restoration of any works on the public way including: kerb; gutter; pavement; footpath paving; landscaping; street furniture; signage; drainage and public utility services. The reinstatement of any damaged kerb and gutters are to be in materials similar to those existing. Such works are to be carried out by Council’s workforce unless otherwise agreed in writing by the Director Technical Services and Operations;

(2) For development on Traffic Routes including State and Regional Roads (Liverpool Road)

the streetscape shall include: • Under grounding of overhead telecommunications and energy utilities. • Upgrading of streetlighting to meet Councils standard “Town Centre Multipurpose

standard” and complimentary decorative light fitting as approved by Council and Energy Australia for connection to the street lighting grid or that may be independently metered and maintained by Council, and as approved by the Roads and Traffic Authority for Traffic Route lighting. Such street lighting design shall comply with AS 1158.

• Upgrading of paved areas to the standard as provided at The Strand, Croydon and /or Georges River Road, Croydon Park.

(3) For development on local roads and streets (Beaumaris Street) the streetscape upgrade shall

include: • Under grounding of overhead telecommunications and energy utilities. • Upgrading of streetlighting to meet Councils standard “Town Centre Multipurpose

standard” and complimentary decorative light fitting as approved by Council and Energy Australia for independent metering and maintenance by Council, and as approved by the Roads and Traffic Authority for Traffic Route lighting. Such street lighting design shall comply with AS 1158.

• Upgrading of paved areas to provide a minimum 1.8m concrete footpath immediately


26 7 October 2004

abutting the property boundary, with the balance of footpath to be landscaped with a grass verge. Such grass verge may be planted with trees in accordance with Councils Street Tree Strategy, provided traffic sight distance is not affected.

• Proposals shall be referred to the Roads and Traffic Authority and Energy Australia for approval and connection to the Street Lighting Grid.

SECURITY BOND OR BANK GUARANTEE

(1) All survey, design and documentation, contract administration, supervision, obtaining of

approvals, and construction costs for works identified in Council’s Streetscape Upgrade policy associated with the upgrading and repairing of public pavements and surrounding areas, services, re-landscaping, sign posting, pedestrian fencing, improved street lighting, stormwater services, adjustment to public utility services, undergrounding of all overhead public utility services, street tree planting, irrigation, and all other works associated with the subject design, are to be borne by the applicant and all works are to Council’s Technical Services and Operations Department’s satisfaction. Detail plans of the works are to be submitted to Council’s Engineering Department for approval prior to the issue of a Construction Certificate.

(2) The fees and/or bonds shown in the Table of Fees, are to be paid to Council or another

approved collection agency (the Long Service Levy Corporation and its agents and an approved insurer under the Home Building Act 1989) and suitable evidence of payment is to be provided to the General Manager of Burwood Council before a Construction Certificate is issued.

(3) Damage Deposit - security deposit against damage occurring to Council's assets (footpath,

road, stormwater, kerb and gutter etc) during building works. $15000.00

(Payment to be made to Council prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation)

NOTE: This deposit is refundable if no damage occurs. This requirement for a separate damage deposit may be waived provided the applicant

agrees in writing prior to issue of a Construction Certificate that the bonds held under conditions numbered (4,5,6) below may be also be used by Council to reinstate public road assets damaged during development.

(4) Security deposit against Construction by Council of the proposed Vehicular Crossing and if

applicable, removal of existing redundant Vehicular Crossing. In respect of Condition (4) the applicant shall lodge with Council a bond or bank guarantee satisfactory to the Council in the amount of: $1680.00 (Payment to be made to Council prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation)

(5) Security deposit against construction by Council of a new footpath, road traffic facilities and

associated works: In respect of Condition (5) the applicant shall lodge with Council a bond or bank guarantee satisfactory to the Council in the amount of: $55,000.00 (Payment to be made to Council prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation)


27 7 October 2004

(6) Security deposit against Construction by Council of Council stormwater connection works:

In respect of Condition (6) the applicant shall lodge with Council a bond or bank guarantee satisfactory to the Council in the amount of: $4090.00 (Payment to be made to Council prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation)

(7) In respect of Conditions (4), (5), (6) the funds paid or guaranteed may be used or called

upon at Council’s discretion in part or in full for completing the public works indicated as required in connection with this consent or for remedying any defects in such public works that arise within 6 months of practical completion. If there are remaining funds at the end of the defects period, the unused funds or original guarantee will be returned to the applicant. During the 6 month defects period, the applicant shall maintain the works in a safe, clean and attractive condition, and promptly repair damage due to faulty work or materials, wear and tear including any such works conducted by a service company (such costs of which may be recoverable by the applicant from the utility company by negotiation).

(8) The applicant shall enter into an agreement satisfactory to the Council to cover any variation

to the costs estimated in relation to conditions (4) (5) & (6) inclusive that may reasonably be incurred by Council in addition to the amount of the bond or bank guarantee, including any costs incurred in the relocation of any services of a utility organization. The executed agreement shall be submitted to the Principal Certifying Authority prior to the release of a Construction Certificate.

PUBLIC DOMAIN PLAN (1) The following requirements apply:-

Three copies of a detailed Public Domain Plan shall be prepared by an architect, urban designer or landscape architect and shall be approved by Council (to be lodged with the Director Technical Services and Operations) prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. It is recommended that draft plans should be submitted for comment prior to formal submission for approval.

(2) The Public Domain Plan shall be as follows:-

a. Drawn at 1:100 scale; 1:200 will be acceptable for larger sites of over 200m street frontage.

b. Show the entire layout and type of paving including kerb and gutter. c. Nominate the location, type and material of all existing and proposed public

pavement elements including trees, paving, kerbs and gutters, pedestrian ramps, vehicle crossings, street furniture, (including maps, notice boards, benches, bollards, bins, kiosks, APT’s, and phone booths), utility poles, parking meters, pedestrian and traffic signals, service pits, stormwater pits and signage (including street nameplates, historical, parking and traffic).

d. Include a longitudinal section of the pavement showing existing and proposed levels at 10 metre intervals at the building alignment, the kerb and the gutter on a common datum line. This longitudinal section is to be drawn at 1:100 horizontal scale and 1:10 (exaggerated) vertical scale. For larger sites of over 200m street frontage 1:200 horizontal scale and 1:20 (exaggerated) vertical scale is acceptable. This section is to ensure that any significant longitudinal gradient change, such as flattening for vehicle entries, occurs within the building line and not at the public pavement.

e. Include 1:50 scale cross sections through pedestrian ramps and vehicle crossings.


28 7 October 2004

f. Include specifications of the proposed works. (3) The Public Domain Plan shall incorporate the standard specifications and details of the

relevant Burwood Council policies and standards, adapted to suit the specific site requirements as advised by the Director Technical Services and Operations and may include:-

a. Adjustment to paving grades to provide a maximum crossfall of 2.5% from building

line to top of kerb. b. Repaving in accordance with Council policies and specifications. c. The relocation or provision of new vehicle crossovers and pedestrian ramps including

the consequent relocation of existing service pits, traffic signals, kerb corner radii, signs, street furniture and street trees.

d. The retention of existing street trees and the provision of new street trees to comply with the Council Street Tree Strategy and Landscape Masterplan.

e. The repair and where required the resetting of all stone kerbing to a uniform grade. Where adjustments require substantial kerb and gutter demolition, the carriageway shall be reconstructed or resurfaced (as required) to the centre line of the carriageway or to sufficient distance from the kerb to achieve a uniform transition into the existing pavement profile.

f. The retention and repair of any existing pavement lights. g. The retention and repair of any existing serviceable stone gutters to achieve a

uniform kerb and gutter longitudinal grading free of vertical displacement of greater than 5mm between adjacent units.

h. The realignment and level adjustment of service pit lids to correspond to new kerb ramps and paving, and where required, provision of new infill type service pit lids.

i. Protection or replacement by the developer of all City assets to be retained as part of Public Domain works and recovery and return of any City assets where such removal has been approved.

(4) Random checks by Council officers may be made throughout the construction process to

advise the contractor of non-complying elements. However, no parts of the work are to be considered approved until receipt of the Burwood Council Certificate of Completion. The Burwood Council will require all non complying parts to be rectified prior to issue of this letter.

(5) An “Application for Approval of Footpath Levels and Gradients” must be submitted at the

Council’s One Stop Shop with the appropriate fee at the time of lodgement of the public domain proposal. The fee will be determined in accordance with the Burwood Council Schedule of Fees and Charges;

LANDSCAPING Landscape plan (1) That a detailed landscape plan and specification for the site in accordance with the approved

DA landscape plan shall be prepared by a qualified Landscape Architect, be submitted to the Certifying Authority with the application for a Construction Certificate. The Certifying Authority shall then submit a copy of the approved Landscape Plan and Specification to Council’s Director Technical Services and Operations prior to issue of Construction Certificate.


29 7 October 2004

(2) The Landscape Plan shall nominate: a. Materials and Finishes -Plans, sections and schedules to indicate type, extent, layout,

setout, installation requirements of all hardworks and surface finishes (i.e. lighting, walls, paving, furniture, fixtures, fences, disabled access) including the relationship to adjoining finishes in accordance with the approved DA landscape plan. Garden walls and edging are to be masonry or approved material that compliment the architecture and character of the development.

b. Levels and Drainage- Plans, details and or sections indicating existing and proposed

nominal levels, stairs and ramps for disabled access, fall arrows, inlet pits, sub surface drainage, swales or detention points.

c. Planting Plan- Plan and schedules indicating layout, location, species, size at

installation, staking requirements and numbers of each species. Details of ground preparation, soil mix and staking/ tree guards. Mulch to be hardwood chip at 75mm depth. Planting layout and massing shall be in accordance with the approved DA landscape plan. Minimum requirements for planting to be as follows:

Material Mature Height Min. Spacing Min. Size Trees 75L (min. 2.0m tall) Shrubs >3.0m 1/4m2 10L Shrubs 1.0-3.0m 1/2m2 5L or 200mm pot Groundcovers <1.0m 6/ per m2 150mm pot

Car park landscaping (1) That advanced species trees are to be planted throughout the carparking area(s) at a minimum

rate 1 tree per 10 car parking spaces for double rows of parking and 1 tree per 5 car spaces for single rows of parking and around the carpark in accordance with Council's Landscaping Code. Understorey planting is to accompany the tree planting. The landscaping details are to be submitted to and approved by Council prior to the issuing of an Occupation Certificate.

Public Authority Matters, Underground Telecommunications & Undergrounding of Services (1) That the applicant shall submit to Council a letter from a licensed telecommunications

carrier confirming that satisfactory arrangements have been made for the provision of underground telephone services to the site / building(s) (delete one), prior to the release of the Subdivision Certificate / Occupation Certificate (delete one);

(2) That the applicant shall be responsible for the laying of conduits for the future undergrounding of services along > street with the cooperation and approval of relevant Authorities;

(3) Electricity and telecommunication cabling shall be placed underground at the applicant’s expense from the development site to the main power lines and telecommunication cables in accordance with the specifications of Energy Australia and telecommunications suppliers. The following work must be carried out:

(4) Where the property is located on the opposite side of the street to the main power lines and telecommunication cables, the house services are to be placed underground from the development site to the nearest location on the opposite side of the street for connection to the existing mains supply as directed by Energy Australia and the telecommunications carrier. The method of construction across the road carriageway shall be by directional boring beneath the road pavement; or,


30 7 October 2004

Where the property is located on the same side of the street as the main overhead power lines and telecommunication cables, all services are to be placed underground across the full width of the frontage of the site. Any overhead powerlines and telecommunication cables that cross the road from the development site must also be placed underground and the cabling installed and distributed to properties in accordance with the Supplier’s and Carrier’s requirements.

(5) Prior to the issue of a Construction Certificate the applicant must contact: (a) The Engineer Planning and Supply Negotiations (West) Energy Australia on 131 535, to

obtain quotation to underground power supply lines and where appropriate a quotation to underground the main overhead power supply lines adjacent to the frontage of the subject property.

(b) The Telecommunications carrier on 1100 advising that undergrounding of the

telecommunication cabling is required.

(6) An easement (within the property) shall be created in favour of electrical and telecommunications suppliers: (a) For the provision of underground services and above ground pillar boxes for access to

their equipment; (b) The easement is to be 3m wide abutting the property boundary at the point of entry and

1.5m within the property; (c) Where the easement is to be enclosed, minimum headroom of 2m is required above the

floor level; (d) The required easement shall be created and registered prior to the issue of an Occupation

Certificate or use of the building.

(7) The wording of the easement shall be approved by Energy Australia and the Telecommunications Carrier where applicable prior to lodgement at the Land and Property Information (formerly Land Titles Office). Proof of lodgement is to be provided to Council prior to the issue of the Construction Certificate. Proof of registration of the easement for services shall be provided to Council prior to the issue of an Occupation Certificate or use of the building.

(8) As a minimum requirement in residential streets (and not necessarily on Traffic Routes or in Town Centre areas):

(1) Ragbolt mounted network standard metal columns fitted with MBF 80 lamps shall be

installed 1 metre behind the face of the kerb with a 2 metre outreach arm. (2) Street lighting must comply to the Australian Standard for pedestrian area lighting,

1158.3.1 ‘Performance and installation design requirements’ and be consistent with the requirements of Energy Australia.

(9) Any disturbance to footpaths as a result of the undergrounding of services shall be restored

at no cost to Council. A Works Permit from Council’s Customer Service Centre must be


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obtained prior to undertaking the work.

(10) The approval of the relevant electricity supply authority shall be obtained for the supply of electricity to the site.

(11.1) A plan indicating the depth and location of all services (ie gas, water sewer, electricity, telecommunication, traffic lights, etc.) within the area affected by the development shall be submitted to Council prior to the issue of a Construction Certificate.

(11.2) Any adjustments required shall be at no cost to Council. The relevant authority’s written

consent for any adjustments or works affecting their services shall be obtained prior to the issue of a Construction Certificate.

Paving (1) The applicant shall make a separate application to the Director of Technical Services and

Operations for any paving on the public way (for approval under the Roads Act 1993). The applicant/owner shall complete the work wholly in accordance with the requirements of the Director of Technical Services and Operations (including responsibility for the full cost of the work, payment of fees, lodgement of a security deposit and public liability.

Attachments 1. Architectural Plans 3 page(s) 2. Statement of Environmental Effects 19 page(s) 3. Submissions received 19 page(s)

ATTACHMENT 1 Planning and Environment Report NO. 5 No. 258 Liverpool Road, Enfield - Erection of two (2) additional residential units at the rear of the existing two-storey commercial premises - Development Application No. D157/2004 Architectural Plans

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ATTACHMENT 2 Planning and Environment Report NO. 5 No. 258 Liverpool Road, Enfield - Erection of two (2) additional residential units at the rear of the existing two-storey commercial premises - Development Application No. D157/2004 Statement of Environmental Effects

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ATTACHMENT 3 Planning and Environment Report NO. 5 No. 258 Liverpool Road, Enfield - Erection of two (2) additional residential units at the rear of the existing two-storey commercial premises - Development Application No. D157/2004 Submissions received

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