time: 3.00pm one of one part

Agenda: Application Assessment Panel Date: Tuesday 9 January 2007 Time: 3.00pm Part: One of One Part

H:\Application Assessment Panel\AGENDAS\2007\jan9-07aapage.doc

Outline of Meeting Protocol & Procedure: • The Chairperson will call the Meeting to order and ask the Committee/Staff to present

apologies or late correspondence. • The Chairperson will commence the Order of Business as shown in the Index to the

Agenda. • At the beginning of each item the Chairperson will ask whether a member(s) of the

public wish to address the Committee. • If person(s) wish to address the Committee, they are allowed three (3) minutes in which

to do so. Please direct comments to the issues at hand. • If there are persons representing both sides of a matter (eg applicant/objector), the

objector speaks first. • At the conclusion of the allotted three (3) minutes, the speaker resumes his/her seat and

takes no further part in the debate unless specifically called to do so by the Chairperson. • If there is more than one (1) person wishing to address the Committee from the same

side of the debate, the Chairperson will request that where possible a spokesperson be nominated to represent the parties.

• The Chairperson has the discretion whether to continue to accept speakers from the floor.

• After considering any submissions the Committee will debate the matter (if necessary), and arrive at a resolution.

Note: Matters where there is a substantive change to the recommendation of the Council

Officer are referred to the next appropriate meeting of the Application Assessment Panel.

Note: Matters can be “called” from this Committee to the Development Control Committee

(DCC) by Councillors subject to the following requirements: - Calling requires one Councillor - Calling must be lodged before 3.00pm on the business day preceding the Application

Assessment Panel meeting at which the item is listed.


WOOLLAHRA MUNICIPAL COUNCIL

Notice of Meeting 21 December 2006 To: General Manager Director – Technical Services

Director – Planning & Development Manager – Compliance Manager – Strategic Planning

CC: The Mayor All Councillors

Application Assessment Panel Meeting – 9 January 2007 In accordance with the provisions of the Local Government Act 1993, I request your attendance at a Meeting of the Council’s Application Assessment Panel to be held in the Committee Room, 536 New South Head Road, Double Bay, on Tuesday 9 January 2007 at 3.00pm. Gary James General Manager

Woollahra Municipal Council Application Assessment Panel 9 January 2007


Meeting Agenda Part One of One Part

Item

Subject

Pages

1 2 3

Apologies Late Correspondence Declarations of Interest

Items to be Decided by this Committee using its Delegated Authority

D1 Confirmation of Minutes of Meeting held on 19 December 2006 1

D2 DA562/2006 – 61 Dover Road, Rose Bay – Alterations & additions to the existing dwelling-house – New gazebo structure – 1/9/2006 *See Recommendation Page 12

2-31

D3 DA593/2006 – 85 Yarranabbe Road, Darling Point – Replacement of pool fence & tiling – 13/9/2006 *See Recommendation 3

32-54

D4 DA306/2006 – 1 Transvaal Avenue, Double Bay – Substantial alterations to existing building including additional storey – 29/5/2006 *See Recommendation Page 76

55-115


H:\Application Assessment Panel\AGENDAS\2007\jan9-07aapage.doc 2

Item No: D1 Delegated to Committee Subject: Confirmation of Minutes of Meeting held on 19 December 2006 Author: Les Windle, Manager - Governance File No: See Application Assessment Panel Minutes Reason for Report: The Minutes of the Meeting of Tuesday 19 December 2006 were

previously circulated. In accordance with the guidelines for Committees’ operations it is now necessary that those Minutes be formally taken as read and confirmed.

Recommendation: That the Minutes of the Application Assessment Panel Meeting of 19 December 2006 be taken as read and confirmed. Les Windle Manager - Governance



DEVELOPMENT APPLICATION ASSESSMENT REPORT ITEM No. D2

FILE No. DA 562/2006/1 61 Dover Road, Rose Bay Lot & DP No.: LOT: 1 DP: 585572 Side of Street: South-west Site Area (m²): 307.4m²

PROPERTY DETAILS

Zoning: Residential 2(b)

PROPOSAL:

Alterations & additions to the existing dwelling-house; new gazebo structure

TYPE OF CONSENT:

Local Development

APPLICANT:

Mr S Siva

OWNER:

Mr S Siva

DATE LODGED:

01/09/2006

AUTHOR: Ms S Chambers

1. RECOMMENDATION PRECIS It is recommended that the development consent be granted, subject to conditions.

2. PROPOSAL PRECIS The proposal involves alterations and additions to an existing dwelling-house and a new gazebo structure.

3. LOCALITY PLAN Subject Site Objectors

North

Locality Plan



4. DESCRIPTION OF PROPOSAL The proposal involves the following works: • side extension with a low pitched steel roof to extend existing living room, kitchen and

bedrooms • new structural steel beams to maintain the existing roof structure and open plan kitchen/dining

and living room • internal alterations • new sky lights • existing timber deck to be replaced with a new timber deck • new gazebo with spa • landscaping works

5. SUMMARY

Reasons for report Issues Submissions

The DA does not satisfy the criteria for determination under staff delegation

Objector’s concerns

rear setback non-compliance side setback (west) non-compliance ancillary development non-compliance (side

setback) deep soil landscaping non-compliance objector’s concerns (privacy, loss of sunlight,

side setback, illegal works)

4 objections

6. ESTIMATED COST OF WORKS Council adopted (DCC 6 June 2005) administrative changes for determining DA fees based on the estimated cost of work of $2,000/m². The stated cost of the proposed work of $95,000 has been checked using this criteria and is considered to be accurate.

7. DESCRIPTION OF SITE OF LOCALITY

Subject Site

Objector

Objector



THE SITE AND LOCALITY

Physical features

The site is located on the south-western side of Dover Road, is rectangular in shape and has a site area of 307.4m². The site is narrow, having a north-eastern frontage of 7.6m in length to Dover Road and a south-western (rear) boundary of 7.9m in length. The site has north-western and south-eastern (side) boundaries of 39.6m.

Topography The site is relatively flat with a slight fall from front to rear of approximately 0.5m.

Existing buildings and structures

The site is occupied by an existing modified one storey semi detached brick dwelling. The neighbouring attached dwelling has been visibly altered with addition of a second storey and a side carport. The existing dwelling is a painted brick cottage with a hipped roof configuration clad with terracotta roof tiles. At the rear there is a later addition containing a kitchen and dining area. A small timber deck is attached facing the rear garden. An existing fibro outbuilding is located on the southern boundary at the rear of the house accessible through the rear yard. A site visit on 8th November revealed that the spa and gazebo have already been constructed in the rear yard and are temporarily located against the eastern boundary.

Environment

The site is located within the Rose Bay precinct under WRDCP 2003. Adjoining the site to the north-west is a single storey semi detached brick dwelling house. The adjoining site to the south-east contains a two storey semi detached brick dwelling attached to the subject dwelling. The locality is characterised by one and two storey dwellings or varying architectural styles.

8. PROPERTY HISTORY

PROPERTY HISTORY Current use Residential dwelling-house Previous relevant applications None relevant Pre-DA DA 34/2006 Requests for additional information Not applicable Amended plans/ Replacement Application

None relevant.

Land & Environment Court appeal Not applicable.

9. REFERRALS 9.1 The following table contains particulars of internal referrals.

INTERNAL REFERRALS Referral Officer Comment Annexure

Landscaping Officer Council’s Tree and Landscape Officer has determined that the development proposal is satisfactory in terms of tree preservation and landscaping, subject to Conditions 13-16.

2

9.2 The following table contains particulars of external referrals. Not applicable.

ENVIRONMENTAL ASSESSMENT UNDER S.79C The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings:



10. RELEVANT STATE/REGIONAL INSTRUMENTS AND LEGISLATION 10.1 SEPPs State Environmental Planning Policy No. 55 Under clause 7 (1) (a) of State Environmental Planning Policy No. 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. An assessment of the initial site evaluation provided by the applicant indicates the land does not require further consideration under clause 7 (1) (b) and (c) of SEPP 55. 10.2 REPs SREP (Sydney Harbour Catchment) 2005 The land is within the Sydney Harbour Catchment but is outside the Foreshores and Waterways area and therefore there are no specific matters for consideration under this DA.

10.3 Other relevant legislation None relevant.

11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 11.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5)) The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the Residential 2(b) zone. 11.2 Statutory compliance table Site Area: 307.4m² Existing Proposed Control Complies

Overall Height 7.8m 5m to top of proposed works 9.5m Yes

11.3 Height Clause 12 of WLEP 1995 stipulates a maximum height of 9.5m. The existing development has a maximum height of 7.8m. The proposed works achieve a maximum height of 5m which complies with this control. In addition, the proposal is consistent with the objectives under Clause 12AA. 80..�.�.�.�.�.�.�� Other special clauses/development standards Clause 18 Excavation: Clause 18 of WLEP 1995 requires Council to consider the impact of excavation associated with a development proposal upon the local environment including the following considerations:

(a) the amenity of the neighbourhood by way of noise, vibration, dust or other similar circumstances related to the excavation process, and

(b) public safety, and



(c) vehicle and pedestrian movements, and (d) the heritage significance of any heritage item that may be affected by the proposed

excavation and its setting; and (e) natural landforms and vegetation, and (f) natural water run-off patterns

The proposed excavation is restricted to footings and is acceptable in terms of Clause 18. Clause 25 Water, wastewater and stormwater: Clause 25(1) and (2) of WLEP 1995 requires Council to consider the provisions of adequate stormwater drainage and the provisions of adequate water and sewage services. The proposal has been assessed against the provisions of Clause 25 and is considered to be satisfactory, subject to Condition 17. Clause 25D Acid Sulphate Soils: The subject site is identified as being within the Class 5 Acid Sulphate Soil area on the Planning NSW Acid Sulphate Soil Risk Map. However, the subject works are not likely to lower the water table beyond 1m AHD below the existing ground level on any land within 500m of Class 1, 2, 3 or 4 land classification and therefore, there is no issue of acid sulphate affectation. DEVELOPMENT CONTROL PLANS 13.1 Numeric Compliance table – Woollahra Residential Development Control Plan 2003 Site Area (307.4m²) Existing Proposed Control Complies

Building Boundary Setbacks Front (North) Rear (South) Side (West) Ground Floor

6.4m

8.3m-10.1m 2.4m

6.4m-9.6m

7.1m 0.9m-2.4m

2.5m (3m&5m)

10.5m 1.5m-2m

Yes No* No*

Ancillary Development (Gazebo) Maximum Height Rear Setback (South) Side Setback (West) Side Setback (East)

NA NA NA NA

2.4m 1.5m 0.5m 4.1m

3.6m 1.5m 1.5m 1.5m

Yes Yes No Yes

Setback from Significant Mature Trees <3m <3m 3.0m

Satisfactory subject to

Conditions 13-16

Building Footprint 37.8% (116.2m2)

47.8% (146.8m2)

56% (172m2) Yes

Floor Space Ratio 0.43:1 (132.9m2)

0.55:1 (168.32)

0.72:1 (221.3m2) Yes

Floor to Ceiling Height – Habitable Rooms >2.7m >2.7m 2.7m Yes

Maximum Unarticulated Length to Street <6m <6m 6.0m Yes

Deep Soil Landscaping – Dwelling

25.2% (40.5m²)

44.8% (72m²)

50% (80.3m2) No*

Deep Soil Landscaping – Front Setback

44% (22m²)

58% (29m²)

40% (20m2) Yes



Site Area (307.4m²) Existing Proposed Control Complies

Private Open Space at Ground Level

>35m² Min

dimension 3m

>35m² Min dimension

3m

35m² Min dimension 3m Yes

Car Parking >2 1 2 Yes, subject

to Condition 3

* Existing non-compliance Desired future precinct character objectives and performance criteria (Part 4) The subject site is located within the Rose Bay precinct. The objectives of the precinct aim to encourage development scale in relation to the function and role of the streets, reinforce a consistent building scale across both sides of the streets, ensure that new development reinforces the precinct’s topography, maintain the evolution of residential building styles, differentiate between the development pattern of the Rose Bay commercial centre and the density of the adjacent residential areas and to protect important views. The proposed single storey additions to the northern side elevation are stepped back from the front of the existing dwelling and are of a scale that is compatible with the existing dwelling and streetscape. Accordingly, the proposal is considered to be satisfactory with regard to the provisions of Part 4. Streetscape performance criteria (Section 5.1) The proposed alterations and additions will not adversely impact on streetscape and are compatible with the existing dwelling, the adjoining semi-detached dwelling and surrounding development. Accordingly, the proposal is satisfactory with regard to Section 5.1. Building size and location performance criteria (Section 5.2) The proposal is satisfactory with regard to the performance criteria and objectives of Section 5.2, except for the following non-compliances: Rear setback C 5.2.3 stipulates a minimum rear setback of 25% of the average site length which equates to 10.5m. The proposed deck has a setback from the rear boundary of 7.1m resulting in a non-compliance of 3.4m. The non-compliance is considered to be acceptable in this instance for the following reasons: • the proposed deck is in place of an existing deck • the deck provides access to the rear garden from the dwelling which is raised above ground

level due to the fall of the land • the proposed deck will not create an unreasonable sense of enclosure of prevent side access to

the rear • the proposal will not adversely impact on privacy given the low level of the deck and that it

replaces an existing deck • the proposed deck will not adversely impact on solar access, views or landscaping



Side setback (West) C 5.2.5 stipulates a side setback of 1.5m to be increased by 0.5m for every metre that exceeds 6.5m adjacent to the side boundary resulting in a setback requirement to the west of between 1.5m and 2m. The proposal provides a side setback to the west of 0.9m to 2.4m resulting in a non-compliance with this control. The non-compliance is considered to be acceptable in this instance for the following reasons: • the extension to the west will not impact on privacy (refer to Section 5.8), solar access or views • the extension maintains side access to the rear of the property • the proposal, being single storey, will not create an unreasonable sense of enclosure to the

adjoining property • the proposal will not adversely impact on vegetation • the proposed side setback is consistent with other side setbacks on similarly sized allotments

within the vicinity of the site Ancillary development C 5.2.4 stipulates that ancillary development should have a maximum height of 3.6m and minimum side and rear setbacks of 1.5m The proposed spa/gazebo complies with the height and rear setback controls but has a side setback to the west of 0.5m resulting in a non-compliance of 1m. The non-compliance is considered to be acceptable in this instance for the following reasons: • the majority of the spa and gazebo will be screened by the boundary fence between the two

properties leaving only the roof visible in the proposed location • the spa and gazebo will not intensify the use of the area as it is solely for the use of the

occupants of the dwelling • the spa and gazebo will not adversely impact on privacy (refer to Section 5.8), solar access,

views or landscaping and will not create any unreasonable sense of enclosure or prevent side access to the rear

Solar Access An objection was received from the owner of 59 Dover Road with regard to loss of sunlight. C 5.2.13 requires that sunlight is provided to at least 50% (or 35m² with a minimum dimension of 2.5m, whichever is smaller) of the main ground level private open space of adjacent properties for a minimum of two hours between 9am and 3pm on June 21. The proposed addition along the western boundary will not adversely impact on solar access to the neighbouring property at 59 Dover Road given that the addition is single storey and is located on the north-western side of the existing dwelling. Open space and landscaping performance criteria (Section 5.3) Deep soil landscaping C 5.3.2 stipulates that at least 50% of the unbuilt upon area is to be located at ground level and is to comprise deep soil landscape area. The proposal provides 72m² of deep soil landscaping which



equates to 44.8% resulting in a non-compliance with this control. The non-compliance is considered to be acceptable in this instance for the following reasons: • the non-compliance is existing and the proposal provides an additional 31.5m² deep soil

landscaping • the dwelling provides adequate private open space • the proposal will not adversely impact on landscaping, trees or vegetation Fences and walls performance criteria (Section 5.4) No change is proposed. Views performance criteria (Section 5.5) The proposal will not impact on views and is satisfactory with regard to Section 5.5. Stormwater management performance criteria (Section 5.7) Subject to Condition 17, the proposal is satisfactory with regard to Section 5.7. Acoustic and visual privacy performance criteria (Section 5.8) Objections have been received in relation to acoustic and visual privacy. O 5.8.1 requires that adequate acoustic and visual privacy for occupants and neighbours is maintained. C 5.8.5 stipulates that habitable room windows with a direct sightline to the habitable room windows in adjacent dwelling within 9m are to be offset from the edge of one window to the edge of the other by a distance sufficient to limit views into the adjacent windows; or have sill heights of 1.7m above floor level; or have fixed obscure glazing in any part of the window below 1.7m above floor level. Privacy impact on 59 Dover Road The owner of 59 Dover Road has objected to the proposal on the grounds of loss of visual and acoustic privacy caused by the proximity of the proposed extension, proposed windows along the western elevation and overlooking from the spa. An inspection of the subject site revealed that the proposal is satisfactory in terms of privacy, for the following reasons: • there will be no over looking to the rear rooms as the rear windows of the adjoining dwelling are

opaque glass blocks • a 1.8m fence exists along the boundary providing some level of privacy between the two

properties • the only window that is within the direct sightline of a habitable room window of the adjoining

property is window 5, Condition 2 requires that this window has fixed obscure glazing to a height of 1.7m from floor level in order to minimise any potential for overlooking (taking into consideration that the floor level of the dwelling on the subject site is raised above ground level



towards the rear due to the fall of the land and the 1.8m boundary fence may not provide an adequate level of privacy where the level of the dwelling is raised adjacent to window 5)

• there will be no overlooking from the spa to the neighbouring dwelling’s private open space given that it is located adjacent to the 1.8m high boundary fence and the spa has a height of 1.7m to the bottom of the roof of the spa

Privacy impact on 44-46 Wilberforce Avenue The owners of 3/44-46 Wilberforce Avenue, 6/ 44-46 Wilberforce Avenue and the Executive Committee of 44-46 Wilberforce Avenue have objected to the proposal on the grounds of loss of visual and acoustic privacy caused by the spa. The proposal is considered to be satisfactory in terms of privacy to the neighbouring property to the rear for the following reasons: • subject to Condition 21, which restricts noise levels from mechanically operated equipment and

also restricts hours of use, the spa will not have adverse acoustic privacy impacts • the spa will not intensify use of the area given that the area is already for the use by the owners

and occupiers of the dwelling house • the rear boundary fence and existing vegetation will prevent overlooking from the spa • overlooking from the proposed deck was not raised by the objectors, notwithstanding this, the

proposed deck will not have significant adverse privacy impacts given that it replaces an existing deck, it has a rear setback of 7.9m to the rear boundary and a 1.8m rear boundary fence and vegetation exist along the rear boundary between the subject site and the property to the rear

Privacy impact on 63 Dover Road The owner of 63 Dover Road has not objected to the proposal. Notwithstanding this, the following assessment is provided in terms of privacy: • the proposed deck will not reduce levels of privacy currently enjoyed by the neighbouring

property to the east given that it replaces an existing deck and is located adjacent to the side of the neighbouring dwelling

• the spa is located 4.3m from the side boundary and will not impact on the acoustic privacy of the neighbouring property to the east, subject to Condition 21

• the proposed works to the rear of the subject site will not intensify the use of the area Car parking and driveways performance criteria (Section 5.9) Refer to assessment under DCP for off-street car parking below. 13.2 DCP for off-street car parking provision and servicing facilities The DCP for off-street car parking requires that dwellings provide a minimum of two off-street spaces. The site currently provides in excess of two spaces to the front and side of the existing dwelling. The proposed extension to the side will reduce the number of off-street spaces to one space and will result in a non-compliance with the DCP. A condition of consent (Condition 3) has been imposed to delete the new en-suite bathroom and landscaping adjacent to Bedroom 1 in order to allow for the provision of two on-site car parking spaces. Accordingly, subject to Condition 3, the proposal is considered to be satisfactory.



13.3 Woollahra Access No change is proposed to access. 13.4 Other DCPs, codes and policies None relevant.

14. APPLICABLE REGULATIONS Section 92 of the EP&A Regulations 2000 – Demolition. This has been addressed via Condition 23.

15. THE LIKELY IMPACTS OF THE PROPOSAL All likely impacts of the proposal have been considered elsewhere in this report.

16. THE SUITABILITY OF THE SITE The subject site is considered to be suitable for the proposed development.

17. SUBMISSIONS The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. Four submissions were received from: • Ms S Malouf of 3/44-46 Wilberforce Avenue • Ms T Gora owner of 59 Dover Road and Mr M Sweeney of 211 Eastern Valley Way on behalf

of Ms T Gora • Ms A Jacobson of The Madison 6/ 44-46 Wilberforce Avenue • Ms A Jacobson, Ms S Milner and Mr J Malouf, Executive Committee The Madison 44-46

Wilberforce Avenue The objectors raised the following issues: • loss of acoustic and visual privacy • loss of sunlight • side setback non-compliance • illegal works The above issues have been addressed within this report with the exception of the following: Illegal works The spa and gazebo have been assessed as proposed and are to be moved to the approved location within 3 months of the approval being granted (if approval is given for the proposal), refer to Part B of the recommendation. Should the structures not be moved to the approved location within the given time frame, the matter will be referred to Council’s Compliance department.



18. CONCLUSION - THE PUBLIC INTEREST The proposal is acceptable against the relevant considerations under s79C. 19. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979 A. THAT the Council, as the consent authority, grant development consent to Development

Application No. 562/2006 for alterations and additions to the existing dwelling-house on land at 61 Dover Road, Rose Bay, subject to the following conditions:

1. Approved Plans

This consent relates to the work, shown in colour, on plans numbered DA-01 – DA-06, dated 31/08/06, drawn by Fotoulla Lazaridis Architect, all of which carry a Council stamp “Approved DA Plans” and the signature of a Council officer, except where amended by the following conditions.

2. Privacy

Window 5 on the western elevation is to have fixed obscure glazing to a height of 1.7m above finished floor level in order to protect the visual privacy of the neighbouring dwelling to the west in accordance with Objective O 5.8.1 and Performance Criteria C 5.8.5. Details demonstrating compliance with this condition are to be submitted with the construction certificate application.

3. Car parking

The proposed en-suite bathroom and landscaping adjacent to bedroom one are to be deleted in order to achieve compliance with the car parking requirements in the DCP for off-street car parking. Details demonstrating compliance with this condition are to be submitted with the construction certificate application.

4. Requirement for a Construction Certificate

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

(a) detailed plans and specifications of the building have been endorsed with a Construction

Certificate by:

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

(b) a principal certifying authority (PCA) has been appointed and the Council has been

notified in writing of the appointment, and

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



5. Structural adequacy

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

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

6. Structural details

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


7. Layout of buildings

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

8. Demolition, excavation and construction hours

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

9. Machine excavation

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

10. Levels

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



11. Building Inspections

The Applicant, Owner and Builder, jointly and severally, must ensure that they call their Principal Certifying Authority ("the PCA") to carry out such critical phase building inspections required by the PCA, the PCA Service Agreement and that the PCA is satisfied with the level of compliance achieved before the Builder proceeds to the next phase of construction. Ample notice of required inspections must be given to the PCA in accordance with the PCA Service Agreement. The Applicant, Owner and Builder must comply with the PCA Service Agreement (Service Contract) and any lawful direction given by the Principal Certifying Authority. Note: It is the responsibility of the PCA to ensure that critical phase building inspections are undertaken in accordance with a PCA Service Agreement and issue to the Applicant, Owner and Builder appropriate Notice under Section 109L of the Environmental Planning & Assessment Act 1979 ("the Act") where any breach of this consent occurs. Failure of the PCA to issue such notice may result in Council taking action under Section 109V of the Act. Failure of the Applicant, Owner and Builder to comply with a PCA Service Agreement and comply with lawful directions of the PCA under this condition may result in Council issuing fines, notices, orders and commencing legal proceedings. Council will only enter into PCA Agreements with the Owner of the land being developed. Council, if appointed as the PCA, will report to the owner of the land being developed.

12. Occupation of premises

A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless an occupation certificate has been issued in relation to the building or part. Note: new building includes an altered portion of, or an extension to, an existing building. Note: In circumstance where the works do not relate to occupation the required occupation certificate is essentially a certificate of completion of the approved work.

13. Existing trees which must be retained (C6a)

The following trees are to be retained on the site and protected during all works.

Trees on Private Property

Council Reference No:

Species Location Dimension (Metres)

1 Corymbia citridora (Lemon-scented Gum Tree) Rear of property 12 (h) x 10 (s) 2 Murraya paniculata (Mock Orange). Rear of property 6 (h) x 3 (s) 3 Camellia sp. (Camellia) Rear of property 5 (h) x 3 (s)

The Construction Certificate plans must include reference to the retention of the above mentioned trees and identify the trees by Councils reference number (Ref No:) and colour or shade them in the colour green for trees to be retained and yellow for trees to be transplanted.

14. Tree Protection Zones

a) Trunk protection, to the maximum height permitted by the first branches, is to be installed around the trunks of tress listed in the table below;



Council Reference

No:

Species Location

1 Corymbia citridora (Lemon-scented Gum Tree) Rear of prpoerty

A padding material eg. Hessian or thick carpet underlay, is to be wrapt around the trunk first. Harwood planks, 50x100mm and to the maximum possible length, are to be placed over the padding and around the trunk of the tree at 150mm centres. These planks are to be secured in place by 8 gauge wire at 300mm spacing.

d) Installation of all Tree Protection measures is to be at the direction of and overseen by a

qualified Arborist (minimum Australian Qualification Framework Level 4 or recognised equivalent).

e) A sign must be erected on each side of the fence indicating the existence of a Tree

Protection Zone and providing the contact details of the site Arborist. f) The storage of materials, stockpiling, siting of works sheds, preparation of mixes,

cleaning of tools or equipment is not permitted within the rear yard.

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 site during their site induction.

15. Footings in the vicinity of trees Footings to support the decking and boundary fence are to be supported on an isolated network of pier and beams. Excavations required to accommodate the foundations for the piers are to be located so roots with a diameter equal to or in excess of 30mm are retained. The smallest possible area is to be excavated which allows for the construction of the pier. The beams are to be placed a minimum of 200mm above ground level and are to be designed to bridge all tree roots with a diameter equal to or in excess of 30mm.

16. Hand excavation within tree root zones

Hand excavation shall be undertaken to locate the position of the foundations to support the piers. This is to prevent damage to roots and compaction of the soil. Small hand tools are to be utilised, mattocks and similar digging tools are not be used. Root with a diameter equal to or in excess of 30mm are to be retained and protected during all works.

17. Connection to existing drainage system

Stormwater run-off from the proposed additions must drain to the existing stormwater drainage system. The existing stormwater drainage pipes on the property affected by the development must be checked and certified by a practising hydraulic engineer to ensure that existing stormwater pipes are in good condition and are operating satisfactorily. Certification and a plan showing pipe locations and diameters must be submitted to the Accredited Certifier prior to the issue of the final Occupation Certificate.



If the existing stormwater pipes are not in good condition and/or not operating satisfactorily, the existing drainage system must be upgraded. Certification and a plan showing pipe locations and diameters of the upgraded system must be submitted to the Accredited Certifier prior to the issue of the final Occupation Certificate.

Stormwater disposal is to comply with the requirements and conditions as set out in Council’s Draft Stormwater Drainage Management DCP (Draft Version 1, Public Exhibition Copy dated 23/08/2004). This is available from Council's website http://www.woollahra.nsw.gov.au. Note: connection of stormwater run-off to the Sydney Water sewer system is not permitted.

18. Payment of Long Service Levy, Security, Development Levy and Fees

The person(s) with the benefit of this consent must pay the following long service levy, security, development levy, and fees prior to the issue of any construction certificate, subdivision certificate or occupation certificate, as will apply. The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees. Specifically; a) prior to the issue of a construction certificate, where a construction certificate is

required; or b) prior to the issue of a subdivision certificate, where only a subdivision certificate is

required; or c) prior to the issue of an occupation certificate in any other instance.

Description Amount Indexed Council Fee Code

LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986

Long Service Levy Use Calculator: http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm

Contact LSL Corporation or use

their online calculator No

SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979

Property Damage Security Deposit - Making good any damage caused to any property of the Council as a consequence of the doing of

anything to which the consent relates.

$4,000 No T600

INSPECTION FEES under section 608 of the Local Government Act 1993

Security Administration Fee $163 No T16 TOTAL SECURITY, CONTRIBUTIONS,

LEVIES AND FEES $4,163

Plus any relevant indexed amounts and long service levy How must the payments be made? Payments must be made by: 1. Cash deposit with Council, 2. Credit card payment with Council, or 3. Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where:



a) the guarantee is by an Australian bank for the amount of the total outstanding contribution; b) the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council

on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first;

c) the bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and

d) the bank’s obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

19. Stockpiles

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

20. Location of building operations

Building operations such as brick cutting, washing tools or brushes and mixing mortar must not take place on public roadways or footways or in any other location which could lead to the discharge of materials into the stormwater drainage system.

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

21. Spa Pools

The pool must comply with the following requirements:

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

• filtration or other mechanically operated equipment must be operated by a time switch and must be installed set and sealed so that the operation of such equipment is limited to between the hours of 7.00 am and 8.00 p.m. Monday to Saturday and 8:00am and 8:00pm on Sundays and public holidays;

• filtration or other mechanically operated equipment must be installed in a masonry housing and treated to prevent the noise level, when the equipment is in operation, from rising above the background noise level, when measured at the boundaries of the subject site;

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

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

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

22. Water conservation

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



23. Standard for demolition

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

24. Footpath levels

The existing footpath level and grade at the street alignment of the property must be maintained. Your driveway levels are to comply with AS2890.1 and Council’s Standard Drawing RF2. There may be occasions where both these requirements conflict and you are required to carefully check the driveway/garage slab and footpath levels for any variations. Where this is the case an “Application to carry out works in a public road” available from Council's website http://www.woollahra.nsw.gov.au. must be completed with plans/sections complying with the above and submitted to Council’s Customer Service Centre and approved by Council prior to the issue of a Construction Certificate. For any technical enquiries regarding alteration to existing footpath levels, alignments or inspections, please contact Council’s Works Supervisor on 9391 7982. Note: any adjustments required from the garage slab and the street levels are to be carried out internally on private property

25. Protection of services

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

26. Road Opening Permit

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

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

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

28. Public footpaths

A safe pedestrian circulation route a minimum of 1.5m wide and with a pavement free of trip hazards must be maintained at all times on or adjacent to the public footpaths fronting the construction site. Where the footpath is damaged, repair works must be carried when directed by Council officers and in accordance with the relevant clauses of Council's document "Standard Specifications for Roadworks, Drainage and Miscellaneous Works dated Jan 2003.



Where circulation is diverted on to the roadway clear directional signage and protective barricades must be installed in accordance with Australian Standard AS1742-3 2002 “Traffic Control Devices for Work on Roads”. Should the applicant propose to direct pedestrians onto the road pavement of a State road then an application is to be made to the RTA for a Road Occupancy Licence. Licence approval is to be submitted to Council. If pedestrian circulation is not satisfactorily maintained, and action is not taken promptly to rectify the defects, Council may carry out remedial works and deduct the cost from the Damage Security Deposit.

29. Repair of Damaged Infrastructure

If Council’s infrastructure is damaged during the course of works, Council’s Development Engineer must be notified and necessary repairs must be undertaken within the time stipulated by Council, to Council’s specifications, and at no cost to Council. Works generally must be in accordance with the relevant clauses of the current edition of AUS-SPEC. If work is not undertaken to the satisfaction of the Development Engineer with regard to time or quality, Council may carry out remedial works and deduct the cost from the Damage Security Deposit.

30. Compliance with Building Code of Australia

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

(b) This condition does not apply to the extent to which an exemption is in force under

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

31. 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 (PCA) for the development to which the work relates:

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

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

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

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

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

(iv) 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 the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

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

(b) A certificate purporting to be issued 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 purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

32. Excavations and backfilling

(a) All excavations and backfilling 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.

33. Signs to be erected on building and demolition sites

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

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

at which that person may be contacted outside working hours.

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

(c) This clause does not apply to:

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

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

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

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

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

Building Act 1989.



B. THAT the gazebo and spa are to be relocated to the approved location (should the proposal be approved) within three months of approval being granted. Should the structures not be relocated within the given timeframe, the matter will be referred to Council’s Compliance Department.

Ms S Chambers Mr N Economou ASSESSMENT OFFICER TEAM LEADER ADVISINGS

1. Other approvals

This development consent does not remove the need to obtain any other statutory consent or approval necessary under any other Act, including: • an Application for Approval under Section 68 of the Local Government Act 1993 for an

activity under that Act, including the erection of a hoarding. All such applications must comply with the Building Code of Australia.

• an application for an Occupation Certificate under Section 109(C)(2) of the Environmental Planning and Assessment Act 1979. An application for an Occupation Certificate may be lodged with Council if the applicant has nominated Council as the Principal Certifying Authority.

2. Application for a Construction Certificate

The required Application for a Construction Certificate may be lodged with Council. Alternatively, you may apply to an accredited private certifier for a Construction Certificate. WARNING: Failure to obtain a Construction Certificate prior to the commencement of any building work is a serious breach of Section 81A(2) of the Environmental Planning & Assessment Act 1979. It is also a criminal offence which attracts substantial penalties and may also result in action in the Land and Environment Court and orders for demolition.

3. Occupational Health and Safety

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

4. Trade waste agreement

A Trade Waste Agreement must be obtained from Sydney Water prior to the discharge of trade wastewater to the sewer system. Trade wastewater is defined as ‘discharge water containing any substance produced through industrial or commercial activities or operation on the premises’.



5. Waste collection

Liquid and solid wastes generated on the site must be collected, transported and disposed of in accordance with the requirements of the Protection of the Environment Operations Act 1997. Records must be kept of all waste disposal from the site.

6. Compliance with the Disability Discrimination Act

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

7. Modifications to the consent

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

8. Storage bins on footpath and roadway

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

9. Home Building Act insurance

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

10. Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Sarah Chambers. However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed assessor having the full authority to completely determine the matter at the conference.

ANNEXURES 1. Plans and elevations 2. Landscape Officer Comments




FILE No. DA 593/2006/1 85 Yarranabbe Road DARLING POINT 2027 Lot & DP No.: NO: 0 HSN: ST: 8510085 Side of Street: North Site Area (m²): 2,559m²

PROPERTY DETAILS

Zoning: Residential 2(b)

PROPOSAL:

Replacement of pool fence and tiling.

TYPE OF CONSENT:

Integrated and Local Development

APPLICANT:

Santina Pty Ltd

OWNER:

Santina Pty Ltd

DATE LODGED: 13/09/2006 AUTHOR: Ms C Owen

1. RECOMMENDATION PRECIS Approval, subject to Conditions.

2. PROPOSAL PRECIS Demolition of the existing masonry pool wall, and construction of new glass pool fence in same location. Replacement of existing pool surround surface.



3. LOCALITY PLAN Subject Site Objectors

North

Locality Plan

4. DESCRIPTION OF PROPOSAL The proposed works involve the upgrading of an existing pool ground surface surround and associated fencing. The pool is actually located outside of the site boundary within the Harbour, i.e. on NSW Maritime land. As the existing swimming pool is located outside the site boundary and over the Harbour, owners consent was required from NSW Maritime. A letter to Council was received from NSW Maritime on 11 September 2006 advising that owner’s consent was granted, subject to the construction work not result in any material entering Port Jackson and if it did, it must be removed immediately. The proposed works would result in the surface of the pool surround being upgraded and the existing surrounding masonry wall would be replaced with a frameless glass pool fence, 1.2m in height. In accordance Part 3A (section 22B) or the Rivers and Foreshores Improvement Act 1948 Council notified NSW Maritime property department. They also stipulated that if consent were granted, NSW Maritime be notified of any Construction Certificate issued by a Private Certifying Officer or Council. These requirements have been included as Conditions 2 and 3 of this recommendation.

___



5. SUMMARY


The DA does not satisfy the criteria for determination under staff delegation

• Materials Two (2) submissions were received.

6. ESTIMATED COST OF WORKS The applicant’s estimated cost of the proposed development at $50,000 has been checked using our adopted practice and is considered to be accurate.



Physical features

The existing swimming pool is partially located on the north-western edge of the site, however mostly is located over the Harbour, outside the site boundary. The fence and access gate on the southern elevation is clear glass, however the east, north and west pool wall is masonry, and approximately 1m high. The pool surround is constructed of pebble dash with a small area of wood flooring to the most southerly part of the pool area. The pool is suspended on a stone and brick support approximately 3m above the harbour waters.

Topography

On the subject site is a multi storey flat building which due to the steep gradient of the site appears as two storeys at Yarranabbe street level. The subject pool is located to the rear of the building in the area of private open space which is flat. The pool itself is suspended over the harbour and is at the garden ground level.


The existing building on the subject site is a multi-storey flat building however, the building will not be impacted upon by the proposed works.

Environment

The surrounding area is characterised by large residential flat buildings, similar to the subject building, and large single dwellings. The majority of the surrounding sites have small areas of private open space fronting the harbour with most properties having a swimming pool located within this private open space area. The subject property is the only one in the immediate surround to have a swimming pool actually located above the Harbour.

8. PROPERTY HISTORY

PROPERTY HISTORY Current use Residential flat building Previous relevant applications • DA685/2006/1 Alterations and additions to existing unit to include

refurbishment of bathroom and kitchen and new air-conditioning- Approved 7/11/2007

• DA 710/2004/1 Construction of a new entry porch- Approved 1/12/2004 • DA548/2003/1 Demolition of existing glass and metal entry structure and

construction of new cement rendered brick structure with glass roof- Approved 28/8/2003

• DA 518/2000 Internal Alterations to Unit 14- Approved AAP 12/9/2000 Pre-DA None Requests for additional information On 11/12/2006 the applicant provided additional information regarding the

proposed glass which would be used for the pool fence. Amended plans/ Replacement Application

None

Land & Environment Court appeal None



9. REFERRALS 9.1 The following table contains particulars of internal referrals. No internal referrals were made. 9.2 The following table contains particulars of external referrals.

EXTERNAL REFERRALS External Referral Body

Reason for referral Comment

NSW Maritime Authority Part 3A (section 22B) or the

Rivers and Foreshores Improvement Act 1948

Approval, subject to Conditions 2 & 3


10. RELEVANT STATE/REGIONAL INSTRUMENTS AND LEGISLATION 10.1 SEPPs State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Under clause 7 (1) (a) of State Environmental Planning Policy No. 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. The land is currently used for residential purpose and there is no evidence before Council to suggest that the land has been used for any non-residential purpose since the 1960’s. Consequently, the possibility of the land being contaminated is substantially reduced. It is considered that Council can be satisfied that the land is not contaminated such that remediation would be required. It is therefore considered acceptable with regard to SEPP 55. State Environmental Planning Policy No. 55 Under clause 7 (1) (a) of State Environmental Planning Policy No. 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. An assessment of the Initial site evaluation indicates the land does not require further consideration under clause 7 (1) (b) and (c) of SEPP 55. State Environmental Planning Policy No. 56 Sydney Harbour Foreshores and Tributaries The proposal is considered to be consistent with the relevant Guiding Principles under Clause 7 of SEPP 56 in the following manner: • The proposed works would not have any impact on existing views of the harbour • The minor works would not have any impact on the scenic character of the area • The proposed works would not impact on the topography of the area



• The proposed ‘Diamond Fusion’ coating on the glass barrier is high quality and specifically designed to repel stains and be scratch resistant

• There would be no impact on the landscape character or natural elements or the open nature of the foreshore

The use of the proposed ‘Diamond Fusion’ material has not been detailed on the plans and for this reason, it is recommended Condition 4 be imposed. The proposed works are therefore considered acceptable with regard to Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. 10.2 REPs SREP (Sydney Harbour Catchment) 2005 The subject site falls within the Sydney Harbour catchment and within the Foreshores and Waterways Area. The aim of this REP and its DCP, in relation to the built form, is to minimise significant impacts on views and vistas from and to public places, landmarks, heritage items. It also seeks to ensure works compliment the scenic character of the area and provide high quality built design. Specifically Part 5.4 of the planning instrument seeks that buildings should be of sympathetic design to their surroundings. The provisions of Clauses 13, 25 and 26 of the planning instrument and the accompanying DCP for SREP (Sydney Harbour Catchment) 2005 require Council to consider the visual impact that a development proposal will have upon Sydney Harbour and adjoining foreshore areas and the likely impact upon available views to and from Sydney Harbour. The general aims of the SREP 2005 are to: • Minimise impacts on views • Ensure works compliment the scenic character of the area • Protect the integrity of the of foreshores with rock outcrops, dramatic topography or

distinctive visual features • Provide a hight quality of built and landscape design • Contribute to the diverse character of the landscape The subject site falls within landscape character type 10 and has the following performance criteria: • Works must not obscure from or destroy special natural elements that are significant

within the local context • Works must not result in the loss of the open nature of the bays through overdevelopment

of the foreshore • Commercial development within and adjacent to the foreshore must be compatible with

existing and likely future land uses 10.3 Other relevant legislation None relevant to this application.



11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 11.1 Aims and objectives of WLEP 1995 and zone (Clause 8(5)) The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the Residential 2(b) zone 11.2 Statutory compliance table Site Area: 2,670m² Existing Proposed Control Complies

Overall Height 0.9m 1.2m 9.5m YES

FSBL 0m 0m 30.0m NO*

* Existing non-compliance Height The proposed works would only have a height of 1.2m which is well below the maximum permitted height limit and is therefore acceptable. FSBL Clauses 22 and 22AA of the Woollahra LEP 1995 specifies the location of the 12m and 30m foreshore building line with regard to Sydney Harbour. Any development between Sydney Harbour and the foreshore building line requires a SEPP 1 objection. The subject swimming pool is actually located on the harbour and is therefore within the 30m Foreshore Building Line. The applicant has submitted a SEPP1 objection with regard to this non-compliance. The following assessment of the SEPP 1 Objection applies the principles arising from Hooker Corporation Pty Limited v Hornsby Shire Council(NSWLEC, 2 June 1986, unreported) by using the questions established in Winten Property Group Limited v North Sydney Council(2001) NSW LEC 46 (6 April 2001).

Is the planning control in question a development standard? The prescribed Foreshore Building Line in pursuant to Clause 22 of the LEP is a development standard.

What is the underlying purpose of the standard? The objectives of the foreshore building line standard in Woollahra LEP 1995 are as follows:

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

their visual prominence (c) to protect significant areas of vegetation and, where appropriate, provide areas for

future planting which will not detrimentally impact on views of the harbour and its foreshores

(d) to protect the amenity of adjoining lands in relation to reasonable access to views and sunlight



(e) to preserve the rights of property owners to maintain an encroachment on the foreshore building line by an existing main building

(f) to protect rock platforms and the intertidal ecology. The following is a summary as to how the proposal achieves the objectives under Clause 22AA despite its non-compliance.

• The proposed works are only minor upgrades to the existing swimming pool and

would not impact on the existing shoreline or increase the encroachment • The proposed works would not impact on any existing vegetation • There would be no negative impacts on the amenity of neighbouring residents or on

views or sunlight available to neighbouring residences • There would be no impact on rock platforms or ecology

3. Is compliance with the development standard consistent with the aims of the Policy, and in particular, does the development standard tend to hinder the attainment of the objects specified in s.5(a)(i) and (ii) of the EPA Act? The aims of SEPP No.1 state:

3. This Policy provides flexibility in the application of planning controls operating by

virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the the objects specified in s 5(a) (i) and (ii) of the Act state:

5. The objects of this Act are: (a) to encourage:

(i) the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment;

(ii) the promotion and co-ordination of the orderly and economic use and development of land.

The applicants put forward that compliance is unreasonable in this instance based on:

“The structure is an existing and will not encroach any further onto the harbour. Works are minor upgrade of existing pool.’

Comment The proposed upgrade of the existing swimming pool fence and surrounding surface are considered minor works and subject to conditions, are not considered to have any negative impacts on the objectives of Development Standard 22.

Is compliance with the standard unreasonable or unnecessary in the circumstances of the case? The proposed works to the existing swimming pool would not increase the extent of non-compliance in relation to Clause 22, or result in any additional negative impacts. Therefore, strict compliance with the standard would hinder attainment of the objects specified in 5(a)(i) and (ii) of the Act and consequently is considered unreasonable and unnecessary in the circumstances of the case.



Is the objection well founded? The objection advanced by the applicant that compliance with the development standard is unreasonable and unnecessary, is well-founded as the development has been designed to meet the objectives of Clause 22 in respect to protecting vegetation, amenity of adjoining lands and preserving rights of property owners. It is therefore considered that subject to conditions, strict enforcement of the development standard would be unreasonable and unnecessary in this case and that granting of consent would be consistent with the aims and objectives set out in Clause 3 of SEPP No. 1. 11.7 Other special clauses/development standards Clause 19 HFSPA: The proposal is acceptable in terms of Clause 19(2). Clause 25 Water, wastewater and stormwater: The proposal is acceptable in terms of Clause 25(1) and (2). Clause 25D Acid Sulphate Soils: The proposed works do not require the need for an assessment of acid Sulphate soils under clause 25D of Woollahra LEP 1995. Clauses 26-33 Heritage and conservation area provisions: The subject site is not a Heritage Item nor does it fall within any Conservation Area. The proposed works would not have any impact on heritage or conservation aims and is therefore acceptable.

12. DRAFT AMENDMENTS TO STATUTORY CONTROLS Draft State Environmental Planning Policy (Application of Development Standards) 2004 applies Section 79C(1)(a)(ii) of the Act requires that in determining a development application, a consent authority is to take into consideration any draft environmental planning instrument "EPI" that is or has been placed on public exhibition and details of which have been notified to the consent authority. Draft State Environmental Planning Policy (Application of Development Standards) 2004 ("the proposed SEPP") was publicly exhibited from 10 May to 18 June 2004. In considering how much weight should be placed upon an exhibited draft environmental planning instrument under section 79C of the Act one must assess how likely it is that the draft EPI will commence, in what form it is likely to commence and consider what effect the instrument would have if applied. The proposed SEPP received significant criticism from the development industry in submissions. Officers of DIPNR have advised that it will not be made in the form it was exhibited and that it will now be included as part of the new Integrated LEP Template. Therefore, it is not known in what form the draft SEPP will be made. Clause 14 of the draft SEPP provides Saving and Transitional provisions. These provisions provide that any application submitted prior to the commencement of the proposed SEPP and within 28 days after the commencement of the proposed SEPP is to be determined in accordance with the former SEPP No.1 as if the former SEPP No.1 had not been repealed by the proposed SEPP. It is likely that the draft SEPP, if made, will contain transitional provisions.



The draft SEPP would, if it commenced in its exhibited form, require a higher threshold test in order for an objection against a development standard to be sustained. However, the draft policy should not be given determining weight in the assessment of development applications for the following reasons: 1. The draft SEPP will not be made in the form it was exhibited 2. It is not known whether the threshold tests contained in the exhibited SEPP will be

retained 3. It is likely that, if made, the draft SEPP will contain savings and transitional provisions. This means that objections submitted under State Environmental Planning Policy No.1 must be assessed under the current policy.

13. DEVELOPMENT CONTROL PLANS 13.1 Numeric Compliance table - Woollahra Residential Development Control Plan 2003 Site Area (2,670m²) Existing Proposed Control Complies

Ancillary Development (Swimming Pool) Maximum Height Rear Setback (N) Side Setback (E) Side Setback (W)

0.9m 0m

19m 0m

1.2m 0m

19m 0m

3.6m 1.5m 1.5m 1.5m

YES NO* YES NO*

Location of Swimming Pool Rear Setback Rear Setback Rear Setback YES

Swimming Pool Setback from Significant Mature Trees >3m >3m 3.0m YES

Height of Boundary Fences Within FSBL Area 1m 1.2m 1.5m YES

* Existing non-compliance Site analysis performance criteria (Part 3) The subject application was accompanied with a suitable site analysis plan. Desired future precinct character objectives and performance criteria (Part 4) The subject site falls within the Darling Point precinct. The proposed minor works would not have any impact on the desired future precinct character objectives or performance criteria and is therefore acceptable. Streetscape performance criteria (Section 5.1) The proposed works would not have any impact on the existing streetscape. Building size and location performance criteria (Section 5.2) The proposed works would not have any impact on the existing building.



Clause 5.2.4 of the WRDCP requires ancillary development to have a maximum height of 3.6m and a minimum setback of 1.5m. The proposed works to the existing swimming pool would be under 3.6m in height however would not comply with the rear and west side setback requirements (both being 0m). The non-compliances are existing and the proposed upgrading works would not increase the non-compliances. The existing non-compliances are therefore acceptable. Open space and landscaping performance criteria (Section 5.3) Clause 5.3.20 of Part 5.3 of the WRDCP requires swimming pools to comply with Clauses 5.11.5 and 5.11.6 of the WRDCP. These clauses require that pools are not elevated more than 300mm above ground level and that they are treated to complement the foreshore and where visible incorporate sandstone and landscaping, respectively. The existing swimming pool is located above the harbour, approximately 3m above water level. It is however less than 300mm above ground level of the subject site (on which it partly sits). As the pool is existing and the works would not increase the height of the pool above the water level, the proposed works are considered acceptable in relation to Clause 5.11.5. The subject pool is very visible on the harbour and it is considered that subject to Condition 4, the use of the proposed glass pool fence (a material very common on the harbour waterfront) would reduce the bulky appearance. Therefore the proposed works are acceptable in relation to Clause 5.11.6 of the WRDCP. The proposed works would not have any impact on the remainder of the Clauses within Part 5.3 of the WRDCP. Fences and walls performance criteria (Section 5.4) Objective 5.4.3 of the WRDCP requires fences to be of high quality and in keeping with the existing character of the area. The proposed new pool fence would be glass which is a very common material on the harbour used similarly for swimming pools and balconies. The proposed glass fence would actually act to reduce the impact of the swimming pool on the harbour and is therefore considered an acceptable material. One of the objectors has objected to the use of glass as a material stating that the glass may become permanently covered in salt crust which may lead to deterioration. The applicant has provided additional information regarding the type of glass to be used which would be coated in a substance called ‘Diamond Fusion’. The coating makes the surface highly stain and scratch resistant while at the same time repelling water from the surface. The use of the treated glass is considered to address these specific concerns of the applicant and is considered an acceptable material in this case. The proposed glass pool fence would have a maximum height of 1.2m which is acceptable. Views performance criteria (Section 5.5) The proposed use of the glass pool fencing would increase views of the harbour for the ground floor residents of the subject building but would otherwise not have any impacts on views and is therefore acceptable.



Energy efficiency performance criteria (Section 5.6) No impact. Stormwater management performance criteria (Section 5.7) No impact. Acoustic and visual privacy performance criteria (Section 5.8) The proposed works would not change the location of or affect the area of the existing swimming pool. The proposed works would therefore not have any impact on acoustic privacy. The change in masonry wall to glass pool fence would reduce privacy slightly for the users of the pool however, the pool is located over 18m from any adjoining property and the proposed works are therefore not considered to have any negative impact on visual privacy. Car parking and driveways performance criteria (Section 5.9) No impact. Harbour foreshore development performance criteria (Section 5.11) See ‘Open space and landscaping performance criteria’ above. Access and mobility performance criteria (Section 5.13) The proposed demolition of the existing pool fence and the renewal of the pool surround surface would not have any impact on the accessibility of the subject site. 13.2 DCP for off-street car parking provision and servicing facilities No impact. 13.3 Woollahra Access See ‘Access and mobility performance criteria’ above. 13.4 Other DCPs, codes and policies None applicable to this application.

14. APPLICABLE REGULATIONS None applicable to this application.

15. THE LIKELY IMPACTS OF THE PROPOSAL All the likely impacts of the proposed works have been discussed in earlier sections of this report.



16. THE SUITABILITY OF THE SITE Acid Sulphate Soil Area

The site is within a Classes 2 and 5 Acid Sulphate Soil area identified in the Planning NSW Acid Sulphate Soil Risk Map. The proposed works would be in the Class 2 area. Classification 2 prescribes that preliminary testing is required to be conducted to confirm the presence of potential or actual acid sulphate soils in accordance with the Acid Sulphate Soil Manual 1998 Assessment Guidelines issued by DUAP, now Department of Infrastructure Planning and Natural Resources, if the works are below existing ground level. The proposed works to the pool surround surface and the fencing would not extend below existing ground level and are therefore acceptable in relation to Acid Sulphate.

17. SUBMISSIONS The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. Two (2) submissions were received from: Mr and Mrs R Ehrardt- 83A Darling Point Road, DARLING POINT Ms A Blau- Unit 27/85 Yarrabbe Road, DARLING POINT The objections raised the following issues: ‘The glass should be treated to be non-reflective’ Response: This has been imposed by Condition 4 of this recommendation. ‘Demolition could undermine the integrity of the pool’ Response: The relevant conditions of this consent and the Construction Certificate process will ensure the integrity of the existing swimming pool. ‘Glass sections would allow winds into the pool area and the glass would be permanently covered in salt crust’ Response: Condition 4 of this recommendation requires the use of the ‘Diamond Fusion’ coating which the applicant has advised they will be using to ensure the glass fence stays stain and scratch free. The use of such a material is considered to address the concerns of the objector.

18. CONCLUSION - THE PUBLIC INTEREST The proposal is acceptable against the relevant considerations under s79C and would be in the public interest.



19. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979 THAT the Council, as the consent authority, is of the opinion that the objection under State Environmental Planning Policy No. 1 Development Standards to development standard 22 ‘Foreshore Building Lines’ under the Woollahra LEP 1995 is well founded. The Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as the proposed works to upgrade of the existing swimming pool are minor and would not increase the existing non-complinace. AND

THAT the Council, as the consent authority, being satisfied that the objection under SEPP No. 1 is well founded and also being of the opinion that the granting of consent to Development Application No. 593/2006 is consistent with the aims of the Policy, grant development consent to DA No. 593/2006 for replacement of pool fence and tiling on land at 85 Yarranabbe Road Darling Point, subject to the following conditions: 1. Approved Plans

This consent relates to the work, shown in colour, on plans numbered 010801, 010802 and 010801, all dated 20.08.06 drawn by Michael Franck Architect, all which carry a Council stamp “Approved DA Plans” and the signature of a Council officer, except where amended by the following conditions.

2. Protection of Sydney Harbour (N.S.W Maritime Authority)

a) The works are to be carried out so that:

• No materials are eroded, or likely to be eroded, are deposited, or likely to be deposited, on the bed or shore or into the waters of Sydney Harbour; and

• No materials are likely to be carried by natural forces to the bed, shore or waters of Sydney Harbour.

b) Any material that does enter Sydney Harbour must be removed immediately. c) Best practice methods shall be adopted for the on-site control of runoff, sediment

and other pollutants during, and post, construction.

Methods shall be in accordance with the relevant specifications and standards contained in the manual Managing Urban Stormwater- Soils & Construction issued by the NSW Department of Housing/Landcom in 2004 and any other relevant Council requirements.

d) The erosion, sediment and pollution controls shall be installed and stabilised

before commencement of site works. This does not include the works associated with the construction of the appropriate controls.

e) The erosion, sediment and pollution control system is to be effectively maintained

at or above design capacity for the duration of the works and until such time as all ground distributed by the works has been stabilised and rehabilitated so that it no longer acts as a source of sediment.



f) Any material that is to be stockpiled on site is to be stabilised to prevent erosion or dispersal of the material.

g) Demolition and construction works are carried out in a manner that minimises the

potential for materials, including sediment and other pollutants, to enter Sydney harbour. In this regard, a combination of temporary measures such as tarpaulins, booms, silt screens and barriers may be required when carrying out particular works.

h) The foreshore is to be fully protected for the duration of the works. This includes

preventing the storage of any machinery, materials, equipment, supplies, or waste receptacles within the inter-tidal area.

i) Access for the delivery and removal of materials to and from the site is not to

make use of the waterway and the adjoining foreshore. j) No works are to be undertaken on land owned by MSW Maritime (i.e. below

MHWM) without the relevant approvals being granted by NSW Maritime. 3. Notification to NSW Maritime

Any Construction Certificate issued by a Private Certifying Officer or Council must be submitted to NSW Maritime before physical works are undertaken on site.

4. Materials

The approved glass fence must be treated in the proposed ‘Diamond Fusion’ coating and treated with a non-reflective material. The plans are to be amended accordingly prior to issue of the Construction Certificate. This condition has been imposed to comply with the objectives of the SREP (Sydney Harbour Catchment) 2005.



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

Construction Certificate by:


(b) a principal certifying authority (PCA) has been appointed and the Council has

been notified in writing of the appointment, and















The Applicant, Owner and Builder, jointly and severally, must ensure that they call their Principal Certifying Authority ("the PCA") to carry out such critical phase building inspections required by the PCA, the PCA Service Agreement and that the PCA is satisfied with the level of compliance achieved before the Builder proceeds to the next phase of construction. Ample notice of required inspections must be given to the PCA in accordance with the PCA Service Agreement. The Applicant, Owner and Builder must comply with the PCA Service Agreement (Service Contract) and any lawful direction given by the Principal Certifying Authority.



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



12. Payment of Long Service Levy, Security, Development Levy and Fees

The person(s) with the benefit of this consent must pay the following long service levy, security, development levy, and fees prior to the issue of any construction certificate, subdivision certificate or occupation certificate, as will apply. The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees. Specifically; a) prior to the issue of a construction certificate, where a construction certificate is

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

is required; or c) prior to the issue of an occupation certificate in any other instance.




Contact LSL Corporation or use

their online calculator No

SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979

Property Damage Security Deposit - Making good any damage caused to any property of the Council as a consequence of the doing of


$2,000.00 No T600


Security Administration Fee $163 No T16 TOTAL SECURITY, CONTRIBUTIONS,

LEVIES AND FEES $2,663.00

Plus any relevant indexed amounts and long service levy



How must the payments be made? Payments must be made by: 1. Cash deposit with Council, 2. Credit card payment with Council, or 3. Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: a) the guarantee is by an Australian bank for the amount of the total outstanding contribution; b) the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by

Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first;



13. Stockpiles





15. Disposal of site water during construction

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







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

18. 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 (PCA) for the development to which the work relates:

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

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

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

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

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

(iv) 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 the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

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

(b) A certificate purporting to be issued 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 purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.



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

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





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

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

20. Toilet facilities

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

(b) Each toilet provided:

(a) must be a standard flushing toilet; and

(b) must be connected:

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

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

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

(c) The provision of toilet facilities in accordance with this clause must be completed

before any other work is commenced.

(d) In this condition:

accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in Clause 95B of the Regulation. approved by the Council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993.

public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

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

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

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

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

Home Building Act 1989.



Ms C Owen Mr G Fotis ASSESSMENT OFFICER TEAM LEADER ADVISINGS 1. Other approvals

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

• an application for an Occupation Certificate under Section 109(C)(2) of the

Environmental Planning and Assessment Act 1979. • An application for an Occupation Certificate may be lodged with Council if the

applicant has nominated Council as the Principal Certifying Authority.

2. Application for a Construction Certificate

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

WARNING: Failure to obtain a Construction Certificate prior to the commencement of any building work is a serious breach of Section 81A(2) of the Environmental Planning & Assessment Act 1979. It is also a criminal offence which attracts substantial penalties and may also result in action in the Land and Environment Court and orders for demolition.

3. Occupational health and safety


4. Waste collection




6. Home Building Act insurance

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



7. Appeal

Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact [Ms C Owen]. However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed assessor having the full authority to completely determine the matter at the conference.

ANNEXURES 1. Plans and elevation 2. Photos of the site




FILE No. DA 306/2006/1 1 Transvaal Avenue DOUBLE BAY 2028 Lot & DP No.: LOT: 1 DP: 580401 Side of Street: East Site Area (m²): 421.9

PROPERTY DETAILS

Zoning: General Business 3(a)

PROPOSAL Substantial alterations to existing building including additional storey

TYPE OF CONSENT:

Local Development

APPLICANT:

1 Transvaal Investments Pty Ltd

OWNER:

1 Transvaal Investments Pty Ltd

DATE LODGED: 29/05/2006 AUTHOR: Mr J La Posta

1. RECOMMENDATION PRECIS The application is appropriate for approval subject to conditions.

2. PROPOSAL PRECIS The proposal is for substantial alterations and additions to an existing three storey building and the construction of a new fourth level to be used as commercial space.



3. LOCALITY PLAN

Subject Site Objectors

North

Locality Plan

4. DESCRIPTION OF PROPOSAL The proposal is for substantial alterations to an existing building including the construction of an additional storey. Specifically the works proposed include the following: Ground floor level:

• At ground floor level the proposal includes the construction of three retail units fronting Transvaal Avenue and a commercial office to the rear (east) of the retail units. The works also include the retention of the dedicated walkway on the southern side of the site, allowing pedestrian movement from Transvaal Avenue to the car park at the rear of the site.

• The refurbishment works to the ground floor include the demolition of the existing parallel façade fronting Transvaal Ave, replacing what exists with a splayed façade incorporating a 1.5 metre setback at the southern end of the development and a 3.4 metre setback at the northern end.

• Internal refurbishment of the ground floor including modifications to the location of the staircase and lift.



First floor level:

• The first floor level is to be maintained as commercial office space predominately contained within the existing building envelope. The works proposed include modifications to the western end of the building form to include aluminium / terracotta louvers and highlight windows.

• New highlight windows set into the northern boundary wall. • Retention of the existing aluminium framed windows along the eastern façade and the

construction of new windows • Internal modifications including the construction of a lobby area.

Second floor level:

• The second floor level is to be retained as commercial office space. • A 1.0 metre deep planter box is proposed along the northern boundary. • Setback behind the planter box is a 2 metre wide balcony that extends along the

northern elevation and wraps around to a partially recessed balcony to the front (west) elevation.

• The proposed second floor level building form is setback 3 metres (1m planter box + 2m balcony) from the northern boundary.

Third floor level:

• The construction of a new third floor level to incorporate a commercial office tenancy with a gross floor area (including balconies) of approximately 320m2.

• The proposed building will include a maximum height (excluding ancillary structures) of 13.5 metres (1.5 metres above the predominate height of the existing building form).

• The upper level incorporates a 1.8 metre setback from the northern boundary. • A narrow balcony (1.2 metres) is proposed along the northern elevation and will

extend in part along the east and west elevation. • The proposed third level building form is setback 3 metres (1.8m setback + 1.2m

balcony) from the northern boundary Ancillary Structures:

• Deletion of the existing roof top A/C unit • Provision of a lift with overrun setback approximately 12.5 metres from Transvaal

Ave. • Stairs providing roof access setback approximately 16.5 metres from Transvaal Ave. • The proposed A/C units are to be contained within the third floor level building

footprint.

5. SUMMARY


The DA has been referred to the AAP by the Director of Planning and Development.

Exceeds the 2.5:1 FSR control as stated on the density map.

Transition between adjoining single storey building form and proposed four storey development.

No submissions were received.



6. ESTIMATED COST OF WORKS Council adopted (DCC 6 June 2005) administrative changes for determining DA fees based on the estimated cost of work. Where the estimated cost of work is greater than $750,000 or where the applicant’s estimate is considered to be neither genuine or accurate, the applicant has to provide a Quantity Surveyor’s report. The applicant estimated the cost of the proposed development at $730, 000. This figure has been checked using our adopted practice and is considered to be accurate, therefore a Quantity Surveyor’s report is not required.



Physical features

The subject site is located on the eastern side of Transvaal Avenue approximately 32 metres south of Cross Street. The site is an irregular rectangular shaped allotment with a frontage to Transvaal Avenue of 12.8 metres and a rear boundary length of 17.7 metres which abuts the Council owned multi level car park. The northern boundary of the site has a depth of 29.2 metres and the southern boundary of the site has a nominal depth of 26 metres. The total site area is approximately 421.9m2.

Topography The subject site is predominately flat with no appreciative fall.


The site is occupied by a 1970’s three storey brick building comprising retails shops on the ground floor and commercial offices above. The existing building is constructed to all boundaries with the exception of a 1.22 metre wide easement at the rear and a pedestrian walkway at ground level on the southern side. The building in its current form progressively steps back from the street frontage such that the lower levels form balconies for the levels above.

Environment

The site fronts Transvaal Avenue which accommodates a mixture of commercial and retail development. Opposite the site and to the north is the Transvaal Avenue Heritage Conservation Area. The character of this area is formed by a unique relationship between the consistent and richly decorated Federation style semi-detached cottages. It is noted that while the adjoining terraces to the north of the site are located within the Transvaal heritage conservation area, the subject site is not. To the rear of the site is a multi level public car park (currently 4 stories) owned by Council. Existing pedestrian access is afforded to the car park from Transvaal avenue by way of a partially covered walk way along the southern boundary of the subject site. Beyond the walkway and adjoining the subject site to the south is 15-15A Cross Street. This site is currently occupied by double storey retail, commercial and cultural centre.

8. PROPERTY HISTORY

PROPERTY HISTORY Current use The site is currently used for retail at ground floor level and commercial uses from

levels 1-3. Previous relevant applications There is no history on the subject site pertaining to this application. Pre-DA A pre-DA meeting was undertaken at Council on 15 November 2005. The meeting

minutes concluded that the application could be supported subject to the following issues being addressed: • The alignment of the front setback of the development, having particular

regard to the location of the cottages to the north. • The architectural treatment of the front façade of the development having

regard to the detailing of the cottages to the north. • The size and configuration of the projecting balconies to the western

elevation. • The setback of the terrace from the northern boundary on the uppermost

storey. • The treatment of the northern elevation.



In response to the concerns raised by Council, the scheme was revised to re-align the front setback and amend the architectural detailing and treatments.

Requests for additional information

No additional information was required.

Amended plans/ Replacement Application

Not applicable to this assessment.

Land & Environment Court appeal

Not applicable to this assessment.

9. REFERRALS 9.1 The following table contains particulars of internal referrals.

INTERNAL REFERRALS Referral Officer Comment Annexure

Development Engineer

Daniel Pearse - Development Engineer Council’s Development Engineer has determined that the proposal is inadequate for reasons expressed under “Traffic comments” above. It is acknowledged that the Double Bay RDCP accepts monetary Section 94 contribution in lieu of offstreet parking and therefore is able to comply with this. As such, the following conditions of consent are advised should Council’s Planning Department wish to approve the application.

2

Property Officer

Anthony Sheedy - Property Officer Council’s Property Officer has determined that it is not in Council’s interest to accept the easement proposal of the applicant in lieu of the S94 / 94A contributions. There exists good pedestrian access to the Cross St Car Park via Cross St itself. I note that the subject property of 1 Transvaal Avenue is located within close walking distance to Cross St, and for this reason there is no significant pedestrian access benefit in forgoing S94/94A contributions to create the proposed easement.

3

Heritage Officer

Louise Thom – Heritage Officer The issues raised in the Pre DA process have been resolved and lead to a satisfactory built form.

4

Urban Design Planner

Margaret Zulaikha – Team Leader Urban Design The redevelopment of this site is strongly supported as the existing building on the subject site provides an unsympathetic interface with the Transvaal Avenue Heritage Conservation Area. Its three storey blank façade on the north side is hard up against one of the Federation cottages and its stepped street elevation is quite uncharacteristic of other built form in Transvaal Avenue or nearby Cross Street. This proposal involves substantial alterations to the existing building rather than its demolition. Because it is an adaptation of an existing building, the proposal departs from some of the controls in the Double Bay Centre DCP. Despite these non-compliances, the proposal meets the objectives of the DCP and will make a positive contribution to the commercial centre and is recommended for approval.

5



Fire Safety Officer

Rob Lawrence – Fire Safety Officer Advisory Note

a) An existing fire safety schedule is held on building. Alterations will require an new fire schedule to be submitted.

b) A fire isolated stairway will be required Class 5 to 9 buildings — Every required exit must be fire-

isolated unless— (i) in a Class 9a health-care building — it connects, or passes

through or passes by not more than 2 consecutive storeys in areas other than patient care areas; or

(ii) it is part of an open spectator stand; or (iii) in any other case except in a Class 9c aged care building,

it connects, passes through or passes by not more than 2 consecutive storeys and one extra storey may be included if— (A) the building has a sprinkler system complying with

Specification E1.5 installed throughout; or (B) the required exit does not provide access to or egress

for, and is separated from, the extra storey by construction having— (aa) an FRL of –/60/60, if non-loadbearing; and (bb) an FRL of 90/90/90 for Type A construction or

60/60/60 for Type B construction, if loadbearing; and

(cc) no opening that could permit the passage of fire or smoke.

6

9.2 The following table contains particulars of external referrals. No external referrals are required.


10. STATE/REGIONAL INSTRUMENTS AND LEGISLATION State Environmental Planning Policy No. 55 Under clause 7 (1) (a) of State Environmental Planning Policy No. 55 – Remediation of Land, consideration has been given as to whether the land is contaminated. The applicant has stated that the site has been retail / commercial use since its initial subdivision and construction. As no demolition (at ground floor level) or excavation is proposed no further consideration is required under clause 7 (1) (b) and (C) of SEPP 55. State Environmental Planning Policy No 64. – Advertising and Signage This Policy applies to all signage that can be displayed with or without development consent, and is visible from any public place or public reserve.



The proposed design includes two signs both visible from a public place (Transvaal Avenue). Under clause 4 (1) the proposed advertising sign located at the top western end of the southern elevation displaying the words “1 transvaal avenue” of the building is classified as:

Building identification sign means a sign that identifies or names a building, and that may include the name of a business or building, the street number of a building, the nature of the business and a logo or other symbol that identifies the business, but that does not include general advertising of products, goods or services. The second sign running vertically down the southern side of the building cannot be classified under clause 4 as minimal information is provided about the details, methods of illumination or any material proposed. As a result a condition 3 has been imposed on the consent to delete any reference to this second sign. The proposed business identification sign is considered acceptable as the sign is compatible with the desired amenity and visual character of an area, provides effective communication in a suitable location and is of high quality design and finish. 10.2 REPs Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2004 The subject site is within the area to which the SREP applies. The objectives of the Plan are established at Clause 2 and include the following: (a) To ensure that the catchment, foreshores, waterways and islands of Sydney Harbour

are recognised, protected and maintained; (b) As an outstanding natural asset, and (c) As a public asset of national and heritage significance, for existing and future

generations. (d) To ensure a healthy, sustainable environment on land and water (e) To achieve a high quality urban environment, (f) To ensure a prosperous working waterfront and an effective transport corridor, (g) To ensure accessibility to and along Sydney Harbour and its foreshores, (h) To provide a consolidated, simplified and updated legislative framework for future

planning. The proposal will not have an adverse visual impact on the Harbour foreshore, will not obstruct vistas of the waterway from the public or private domain and will not detrimentally impact the wetlands or cause pollution or siltation of the waterway. The proposal is therefore consistent with the objectives of the SREP and would satisfy the relevant requirements of the SREP. 10.3 Section 94 contribution The Woollahra Section 94 Contributions Plan 2002 is applicable to the proposal. The Section 94 contribution is calculated as follows: Civic Improvements – Double Bay: Commercial = $27/m2 x 312m2

= $8,424 Retail = $13m2 x 34m2

= $442



Car parking rate has been calculated below in Double Bay Centre On-site parking section. A monetary car parking contribution is required in lieu of the proposed 34sqm increase in retail gross floor are and 312 increase in commercial gross floor area. The section 94 car parking requirement for this development is 307,968.00. The total section 94 contribution is therefore calculated as follows: Civic Improvements =$8,866.00 Parking =$307,968.00 Total =$316,834.00 Administration (1.5c/$) =$4752.51 Section 94 required =$321,586.51 When the car parking rate and civic improvement rate are calculated together the applicant is require to pay a section 94 contribution of $321,586.51. This amount has been included in condition 25. The applicant sought a concession to the section 94 contribution required by Council on the following basis:

• It is consider appropriate that the retention of the walkway should be required in lieu of any section 94 or section 94A contribution for the site. This is because the retention of the walkway (and any agreed upgrading of it) would constitute a direct and interrelated nexus between the upgrading of the site including the additional floor space and increased use of the car park.

Clause 3.10 of the section 94 contributions plans states that in all cases before deciding to require a dedication of land or accept an offer of land dedication, the Council must be of the opinion that the land will satisfy the demand for a public facility listed in this plan. The proposed walkway does not satisfy this criteria. 10.4 Other legislation None applicable.

11. WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 1995 11.1 Aims and objectives of WLEP 1995 and zone The proposal is permissible and is consistent with the aims and objectives of the LEP and the relevant objectives of the 3(a) zone 11.2 Statutory compliance table Site Area (421.9m²) Existing Proposed Control Complies

Floor Space Ratio (m²) 2.27:1 (958m2)

3.09:1 (1304m2)

2.5:1 (1055m2) NO



11.3 Floor space ratio The proposed addition results in a 249m2 non-compliance with the numerical standard of clause 11, Floor Space Ratio of the Woollahra LEP. The objectives of the floor space ratio standards set by clause 11 are as follows:

(a) to set the maximum density for new development The proposed development provides for a total of three retail units and four commercial offices within a site area of 421.9m². The proposed number and density of the uses is considered appropriate within the General Business 3(a) zone. The proposal exceeds the FSR largely as a result of the non-provision of open space at the rear half of the second floor level and third floor level. Open space is required by the DCP controls for residential development. The design at 1 Transvaal Ave is a mixture of retail / commercial and therefore does not require open space. As the non-complying portion of the building is located to the rear of the site, adjacent to Council’s multi level car park, a reduction in density is not necessary for the proposed development. Furthermore the non complying portion of the building would only be visible from oblique angles along Transvaal Avenue and would not impact on the appearance of the proposal as it translates to Transvaal Avenue or the surrounding streets.

(b) to control building density, bulk and scale in all residential and commercial localities in the area in order to achieve the desired future character objectives of these localities

The character of Transvaal Avenue is considered to be enhanced as a result of the proposal. The works seek to refurbish and improve the existing 1970’s brick and render building resulting in a contemporary building form that actively responds to the street and site constraints. The use of the building provides for active retail frontage to Transvaal Avenue with commercial development proposed at the rear and at upper levels. The proposed building density, bulk and scale is consistent with the future character objectives of the Double Bay Centre DCP.

(c) to minimise adverse environmental effect on the use or enjoyment, or both, of adjoining properties

The proposed design seeks to minimise any adverse environmental effects by retaining much of the external fabric of the building. Whilst the front façade of the building and the upper levels of the northern elevation are to be revised, only minor changes (inclusion of window opening, etc) are proposed for the existing northern boundary wall of the ground floor level and first floor level, the existing southern wall and the existing rear wall.

As much of the original fabric is to be retained the works represent a 1.5 metre increase in building height beyond what exists. The proposed 13.5 metre height complies with the controls specified for the front 16 metre depth of the building. The rear section of the building where a double storey height (7.5m max) is specified by the DCP is where the non-compliance with the FSR density map occurs.

Whilst Council acknowledges the proposed FSR non-compliance exceeds the 2.5:1 ratio specific in the Woollahra Density Map by 249m2 it can be successfully argued in this instance that the additional floor space will have minimal environmental consequence upon the adjoining commercial, cultural and car park buildings as only a minimal bulk increase of 1.5 metres is proposed.



(d) to relate new development to the existing character of surrounding built and natural environment as viewed from the streetscape

As discussed throughout this report, Transvaal Avenue is unique in that it contains a Heritage Conservation Area within a commercial precinct designated to undergo substantial redevelopment through the controls specified in the Woollahra LEP and Double Bay Centre DCP. This requires Council to balance the proposed future character objectives for the area and the prominence of the single storey heritage form. The existing building on site does not respond to the surrounding streetscape character of Transvaal Avenue. The existing footprint and building form are seen to obscure views of the adjoining heritage buildings and the materials of the building are dated and unrelated to the surrounding forms. The new form seeks to offer a contemporary redevelopment that responds to the adjoining heritage building and responds to the Transvaal Avenue streetscape. This is achieved via the setbacks proposed and architectural detailing of the building. While it is acknowledged that the new building results in a non-compliance with the FSR requirements of the LEP, the proposed building form generally responds to the DCP controls that are specific to streetscape character and built form. As previously discussed the non-complying section of the building is located to the rear of the site and will have minimal impacts on the built and natural streetscape characteristics of Transvaal Avenue. The proposal is considered to relate well to the built and natural environment in the locality and is considered satisfactory in terms of streetscape presentation SEPP 1 Objection The applicant has submitted a SEPP 1 Objection for the non-compliance with the Floor Space Ratio of 2.5:1 specific to the site as stated in the Woollahra Density Map. The following assessment of the SEPP 1 Objection applies the principles arising from Hooker Corporation Pty Limited v Hornsby Shire Council(NSWLEC, 2 June 1986, unreported) by using the questions established in Winten Property Group Limited v North Sydney Council(2001) NSW LEC 46 (6 April 2001). Is the planning control in question a development standard? The relevant planning control is the Floor Space Ratio standard set by clause 11 of the Woollahra LEP 1995. Any variation to this standard would require a SEPP 1 objection to be prepared by the applicant. What is the underlying purpose of the standard? The objectives of the floor space ratio set out in Clause 11AA of Woollahra LEP 1995 are: The objectives of the floor space ratio standards set by clause 11 are as follows: (a) to set the maximum density for new development, (b) to control building density, bulk and scale in all residential and commercial localities in

the area in order to achieve the desired future character objectives of those localities, (c) to minimise adverse environmental effect on the use or enjoyment, or both, of adjoining

properties, and



(d) to relate new development to the existing character of the surrounding built and natural environment as viewed from the streetscape, the harbour or any other panoramic viewing point.

Is non-compliance with the development standard consistent with the aims of the Policy, and in particular, would strict compliance with the development standard tend to hinder the attainment of the objectives specified in S.5(a)(I) and (ii) of the EPA Act? Having regard to the above-mentioned objectives, the proposal with a floor space ratio of 3.09:1, is considered to be satisfactory for the following reasons:

• The design and built form of the proposal is considered appropriate for retail / commercial development within the Business 3(a) zone.

• Strict compliance with the FSR control for the site would not impact on the presentation of the building towards Transvaal Ave as the non-complying portion of the building is situated to the rear of the site.

• The non-compliance with FSR does not result in the building on site being considered an overdevelopment within the surrounding environment. Furthermore, the works are seen to enhance the relationship of the building to the streetscape in accordance with the principals of the Double Bay DCP 2002 and an improved relationship with the Transvaal Heritage Conservation Area.

• The building is well articulated so that its bulk and scale do not dominate the smaller forms of the two adjoining buildings. Furthermore, the DCP policy controls facilitate the adjoining building to the south achieving a maximum five level height.

• The proposed works will not hinder the existing use of the adjoining southern building, nor hinder the potential to further develop the site to incorporate mixed development, having regard to the objectives and procedures of the Double Bay DCP.

• The proposal adjoins the Council owned multi-level car park to the rear of the site, therefore any works that exist on site will have minimal impacts on the function of this use.

• The new form will assist in the economic revival of the Double Bay commercial precinct through the development of the site and the civic and car parking contribution associated with the development.

Following consideration of the arguments presented by the applicant in the SEPP1 submission against the relevant objectives of development standard 11AA of the Woollahra LEP 1995, it is acknowledged that the proposal would uphold the objectives underlying the development standard and in this instance it is successfully argued that compliance with the standard would hinder the attainment of objectives specified in s.5(a)(i) and (ii) of the EPA Act. Is compliance with the standard unreasonable or unnecessary in the circumstances of the case? The proposal achieves consistency with the objectives of the floor space ratio standard and therefore the SEPP 1 objection to this standard is supported. It is recommended that Council resolve to vary the standard in this instance as compliance is considered to be unreasonable and unnecessary. Paragraph 3 of Circular B1 from the former Department of Planning states-



“As numerical standards are often a crude reflection of intent, a development which departs from the standard may in some circumstances achieve the underlying purpose of the standard as much as one which complies. In many cases a variation will be numerically small in others it may be numerically large, but nevertheless be consistent with the purpose of the standard.”

The underlying purpose of the standard as expressed by the objectives under clause 11AA of WLEP 1995 is to achieve compatibility with the height, bulk and scale of surrounding development. Having regard to the context of surrounding development, the desired future character objectives for the area and the adjoining heritage fabric the underlying purpose of the standard would be achieved. Is the objection well founded? The objection advanced by the applicant that compliance with the development standard is unreasonable and unnecessary is well founded and it is considered that granting of development consent would be consistent with the aims and objectives of SEPP 1. 11.4 Other special clauses/development standards Clause 18 Excavation: No excavation is proposed as part of this development application. Clause 19 HFSPA: The subject site is not located within the harbour foreshore scenic protection area. The proposal does not have a visual impact on Sydney Harbour and will not impact on the natural landform or topography of the harbour foreshore The proposal is acceptable in terms of Clause 19(1) and (2). Clause 24 Land adjoining public open space: The proposal is acceptable in terms of Clause 24(2). Clause 25 Water, wastewater and stormwater: The stormwater plan is incorporated into building plans showing connection to the existing services. The proposal is acceptable in terms of Clause 25(1) and (2). Clause 25D Acid Sulfate Soils: the site is identified as being in “Zone 2” on the Woollahra LEP Acid Sulfate map. The requires the applicant submit a Acid Sulfate Soils Assessment for “works below existing ground level or works by which the watertable is likely to be lowered”. As the proposal does not include any excavation, therefore no works are proposed below ground level and the water table will not be affected. Clauses 26-33 Heritage and conservation area provisions: The subject site is not a heritage item or located within a Heritage Conservation Area. The site does however adjoin a heritage group of terraces to the north of the site. Clause 27 of the LEP requires Council to consider the likely effect of the proposed development on the heritage significance of the adjoining and neighbouring northern buildings. Council’s Heritage Advisor Louise Thom provided the following comments. “The demolition of the subject property is positive in that it will create an opportunity to open up the view of the Federation style cottages by removing the existing colonnade and increasing the setback of the front of the new building.”



“The front setback of the proposed building is increased to make the first of the Federation houses visible.” “The façade has been architecturally modelled to provide articulation to break up the scale of the building helping to make the building less dominant despite its scale. The arrangement of components is an interpretation of the heights of eaves of the adjoining Federation buildings. The view of the Federation cottages is retained and improved.” As the works create an opportunity to improve the visibility and oblique presentation of the row of Federation Cottages from the southern end of Transvaal Ave and Cross Street the proposed development is considered to have a positive impact on the adjoining heritage fabric. While it is acknowledged that the development seeks to construct an additional level the new works will represent a marginal overall increase in building height of 1.5 metres (excluding the roof access and lift overrun) above what exists. This coupled with the increased northern boundary setback at second and third levels and the architectural detailing proposed (planter boxes, balcony design and extensive use of transparent glass material) results in an improved transition between the adjoining heritage terrace and the building form of the new development. The proposal is acceptable in terms of Clause 26 - 33 of the Woollahra LEP 1995.

11. DRAFT AMENDMENTS TO STATUTORY CONTROLS Draft State Environmental Planning Policy (Application of Development Standards) 2004 applies Section 79C(1)(a)(ii) of the Act requires that in determining a development application, a consent authority is to take into consideration any draft environmental planning instrument "EPI" that is or has been placed on public exhibition and details of which have been notified to the consent authority. There are no draft instruments relevant to this assessment.

12. DEVELOPMENT CONTROL PLANS 12.1 Compliance table - Double Bay Centre DCP 2002 Site Area (421.9m²) Existing Proposed Control Complies

Max Building Height (metres) Front Rear

12.0 metres 12.0 metres



Yes NO*

Building Envelope Building Articulation Area West Elevation North Elevation – second floor level North Elevation - third floor level East Elevation

0m 0m 0m 0m

1.5m 1.2m 1.2m 0m

1.5m 1.2m 1.2m 2.4m

Yes Yes Yes NO*

Setback Build to Line (metres) 90% 0% 50% - 100% NO**

Maximum Street Level Retail Frontage % of frontage 90% 92% 80% Yes



Site Area (421.9m²) Existing Proposed Control Complies

Minimum Ceiling Height (metres) 3.0m 2.75m 2.7m Yes

Maximum Level 3-5 Building Depth (m³) 25.8m 25.8m 15.6m NO*

Maximum Height of Floor Level of Upper Most Habitable Storey (metres) 4.3m 2.95m

3.5m Below Max Building

Height NO

• * existing non-compliance • ** variation requested by Council’s Urban Planner

Urban structure – key strategies and objectives The proposed high quality architecture and active street frontage offers a positive contribution to the built environment of the Double Bay commercial centre. The reconfiguration of the existing building and presentation proposed by the design promotes an attractive building that will enhance the commercial viability of the centre. The location of the site justifies the non-provision for car parking as the site has direct access to the adjoining public car park. Furthermore the close proximity to public transport available along New South Head Road provides alterative transport methods. Street character strategies The site falls within the Cross Street area. The street relevant character objectives of Cross Street are:

• Unify the street on the north side with street wall buildings. • Strengthen built form on corner sites.

The proposed works seek to undertake refurbishment and substantial alterations to the existing building that is unsympathetic to the adjoining heritage conservation area. The existing terraced / stepped building is dated and out of character with other building forms within Transvaal Avenue or neighbouring Cross Street. The design responds to this by reconstructing the front façade to incorporate an articulation zone that adds depth and visual interest to the building whilst ensuring that the development does not dominate the adjoining buildings. The replacement works respond to the adjoining Heritage Conservation Area through a revised setback at street level allowing additional views of the adjoining terraces when viewed from the southern end of Transvaal Ave and Cross Street. The proposed contemporary form includes articulation zones and balconies aimed to offer a visual separation to compliment the adjoining heritage place, as opposed to the existing three storey blank façade that dominates the neighbouring building when viewed from the northern end of Transvaal Ave. Principles and controls Use The principles of control 6.2 of the Double Bay Centre DCP encourage retail / commercial uses at street level. The proposed works seek to maintain a mixture of retails uses fronting Transvaal Avenue at ground level and commercial offices to the rear of the site.



At upper levels the works seek to maintain commercial office space at levels two (first floor level) and three (second floor level) and construct an additional level of commercial office at level 4 (third floor level). Whilst the DCP encourages mixed developments within the commercial centre, the proposed third floor level commercial use is considered appropriate as it consistent with the uses of the levels below. Council's Urban Planner provided the following comments:- The proposed retail uses on the ground floor with commercial offices at the rear and on the upper levels is acceptable. The breakdown of the retail space into three retail units both in plan and street elevation will reinforce the boutique shopping experience of Transvaal Avenue. The proposal therefore satisfies the principles of Double Bay Centre DCP. Building articulation The proposed articulation of the building form is seen to contribute to the character of Transvaal Avenue and generate a high quality architectural resolution. Council's Urban Planner provided the following comments:- The proposed development is a contemporary design which is an appropriate response to its site context. The street façade is heavily modelled with a large projecting bay window on the first floor and projecting lightweight balconies on levels 2 and 3 at the northern end. Solar protection from the western sun is provided through a combination of louvers, overhangs and an awning at ground level. The northern elevation on the upper levels is also heavily modelled and will provide an improved backdrop to the heritage conservation area. For the above mentioned reasons the application satisfies the relevant principles and controls of section 6.3.3 of the Double Bay Centre DCP. Building envelopes The relevant objectives relating to building envelopes are: Development should contribute to the desired future character of streetscapes with

appropriate and consistent building forms built to the street alignment. Permit deep building footprints at ground and first floor level only.

The proposed four storeys could potentially appear over scaled when considered in conjunction with its existing neighbours which are single storey to the north and two storeys to the south. That said however the proposed development is only 1.5m higher than the existing building and the DCP envisages a five storey development on the corner of Transvaal Avenue and Cross Street. Given the above and the benefits that will be provided through the improved architectural design, the four storey height for a depth of 25.8 metres is appropriate in this instance.



Building height The principle for height control is to encourage buildings to achieve the heights along street and lane frontage described by the control drawing. While the proposed 13.5 metre maximum building height satisfies the height control for the front section of the site where adjoining Transvaal Avenue, the building envelope controls specified in 5.6 control Drawing 2 DBCDCP require that the rear of the site is to be a maximum height of 2 stories with a prescribed maximum building height of 7.5 metres. The proposal therefore results in a numerical non-compliance with the standard at the rear of the site. The non-compliance in this instance is considered acceptable as the existing building height at the rear currently stands at 12 metres, therefore the proposal results in a marginal increase in overall height (1.5 metres) that will have minimal environmental consequence on the existing adjoining building to the rear, north and south. Setbacks The proposal generally complies with the required setbacks however specific variation to the setback requirements of the DCP was requested by Council’s Heritage Advisor and Urban Planner. Council's Urban Planner provided the following comments:- Front setback - The DA proposes a splayed setback of between 1.5 and 3.5m from the street boundary, whilst the DCP nominates a zero setback. The existing building is also set back with a heavy masonry awning over the setback area. The proposed splayed setback is supported as it will open up views of the federation cottages from Cross Street and the setback area would also accommodate outdoor dining which is encouraged in the DCP. Side setbacks - The DCP nominates a 1.8m wide setback to 3 Transvaal Avenue along the northern boundary. The proposal maintains the zero setback of the existing building on the ground and first floors and introduces a balcony to the second level and a setback of 1.8m to the third level. Planters at the second level should achieve adequate privacy for the rear yard of 3 Transvaal Avenue. The proposed treatment will achieve a softer “edge” to the heritage buildings than the existing blank façade and is supported. The zero setback on the southern boundary complies with the DCP. Rear setback - The DCP nominates a setback of approximately 10m for the third and fourth floors at the rear, whilst the proposal maintains the existing setback of 1.5 to 3.0m. The Double Bay DCP limits the depth of the upper levels so that development provides a high degree of environmental amenity for residential uses. However, as this development will be used for commercial purposes only, the increased building depth is satisfactory. Council’s Assessment officer concurs with the above comments and agrees that strict compliance with the setback controls is unreasonable. Therefore a variation to the controls stipulated in 6.3.4 is appropriate. Corner buildings Not applicable as the site is not a corner building.



Architectural resolution The proposed architectural resolution improves the relationship of the building to Transvaal Avenue and clearly defines the pedestrian entries and arcade along the southern side of the building. The high quality design is seen to provide additional visibility of the Federation Cottages from Cross Street and improve the relationship between the refurbished building and the adjoining heritage conservation area. Roof design The Double Bay Centre is located in the base of a large natural amphitheatre, therefore resulting in roof forms that are highly visible from the surrounding precinct. The DCP encourages varied roof forms for new development. The proposed flat roof form whilst not complying with the roof design described in criteria 6.3.7 does satisfy the relevant controls including minimising building bulk and overshadowing. Control C6 also encourages consideration of ancillary structures placed upon the roof form. The proposed staircase and lift overrun will protrude 1.0 metre above the new roof form. The setback proposed from the front and southern boundary ensures that the new structures are appropriately concealed from the street. It is also noted that the proposed A/C units are concealed within third floor level. Council's Urban Planner provided the following comments:- The Double Bay Centre DCP requires the roof design to be a coherent part of the whole building and articulated. Given the constraints of an existing building, the flat roof is acceptable assuming that it is not used as a rooftop deck and the roof access point is a minimal structure required for servicing and maintenance. A condition has been imposed on the consent to prohibit the use of the roof as a roof top deck. Heritage and contributory character The new development as discussed elsewhere in this report has been designed to be compatible with the heritage significance of the adjoining conservation areas, and therefore satisfies the relevant control of the Double Bay Centre DCP. Awnings The application includes the construction of a glazed awning allowing daylight filtration into the ground floor retail uses. Whilst this type of awning is not a common element within the Transvaal Avenue Streetscape due to the row of established Federation Terraces, there are examples of glass awnings along Cross Street. The proposal satisfies the relevant the relevant principals of the DBCDCP. Colonnades The subject site is not located within the area where colonnades are required.



Arcades, walkways and courtyards There is an existing pedestrian walkway to the public car park along the southern side of the ground floor built form. The application includes the retention of this walkway therefore satisfying the relevant principles and controls of the Double Bay Centre DCP. Outdoor eating No outdoor eating areas have been included in the proposed development, however with the inclusion of a proposed splayed setback there is provision for an outdoor eating area between Transvaal Avenue and the shop front of retail area 1 and 2. Ground floor active lane frontage Not applicable to the site as there is no laneway frontage. Signage and advertising The matter has been discussed above in SEPP 64 – Advertising and Signage. The proposed business identification sign is consistent with the principles and controls of the Double Bay Centre DCP. The second sign cannot be classified due to inadequate information and is not approved within this application. A condition reflecting the above has been included on the consent. Visual privacy Not applicable to this assessment as no residential development is included in the proposal. Acoustic privacy Not applicable to this assessment as no residential development is included in the proposal. Landscaped open space The provision of landscaped open space is not required for the proposed development as no residential uses are located within the proposed building and no adjacent residential development exists. Private open space The ability and accessibility of private and communal outdoor areas is a major determinant of the ability of occupants to enjoy living and working in the Double Bay Centre. The applicant has included balconies at both second floor level and third floor level affording the occupants of the proposed commercial offices adequate open space areas. Energy efficiency and conservation The principles of the energy efficiency and conservation objective are to re-use existing buildings and design buildings capable of adaptation in the long term. The proposed development seeks to refurbished and alter the existing 1970’s building to offer a contemporary design that maximises natural northern light and encourages cross ventilation.



The effective adaptation of the existing building form ensures that the relevant principles and controls of the DBCDCP are achieved. Natural daylight and ventilation The proposal incorporates a design approach that allows natural daylight from every elevation, particularly the northern elevation of the upper levels. The use of open-able windows and sliding glass doors enables natural ventilation to be one of the strength of the design response. Solar access The application incorporates an effective passive solar design through the introduction of the following new elements into the proposal:

• Large opening bi-fold doors into the western elevation of the building and full height sliding doors into the eastern elevation of the ground floor level.

• Introduction of highlight and horizontal slit windows into the northern elevation of the first floor level. The works also include additional east, west and south facing windows to maximise daylight penetration.

• The revised second floor plan and new third floor plan include full width floor to ceiling north facing windows allowing access to the new balconies. Both levels also include east and west facing windows to maximise the morning and late afternoon sun.

The design approach admits low angle winter sunlight and excludes high angle summer sun into the commercial offices though the use of eaves and louvred screening along the northern and western elevation. As the adjoining development to the south consists of commercial development no assessment is required against the impact of daylight upon habitable room windows or private open space. Glazing The proposal includes louvres on the majority of the west facing windows to assist in shading from the afternoon sun. The recessed windows along the northern and western elevation also provide protection to the large glazed areas that are proposed and prevent reflectivity. Water conservation A condition of consent ensures that the development complies with control C3, which requires that water conservation devices with a “AAA” rating be installed into the building. Stormwater and pollution minimisation The proposed works aim to minimise stormwater drainage from the site by increasing the levels of soft landscaping on site. The proposed works satisfy the relevant principles and controls of the DCP. Waste minimisation The proposed works satisfy the relevant principles and controls of the DCP.



Environmentally sustainable building materials The building appears to utilise a range of materials that satisfy the controls of this standard. A condition has been imposed on consent requiring a materials and samples board be submitted prior to the issuing of a construction certificate. Geotechnology and hydrogeology Not applicable to this assessment. Pedestrian access and mobility The proposed works satisfy the relevant principles and controls of the DCP. On-site parking The applicant has not provided any on site parking as part of the development. The controls for the on-site parking section of the Double Bay Centre DCP require that all commercial and retail development is to provide 100% of required car parking on-site as private parking. The required rate for retail area is 3.5 spaces / 100m2. The required rate for commercial office space is specified as 2.0 spaces per 100m2 of gross floor area. As the applicant does not propose any car parking on site a monetary contribution is required in lieu of the required parking for the additional gross floor area proposed with this application. Woollahra Section 94 Contribution Plan 2002 states that the contribution rate required for a shortfall in on-site parking for a commercial or other business use is $38,496 per space. Therefore the following calculations are applicable to the site. Retail car parking required: 34m2 x 3.5 spaces /100m2 = 1.19 spaces Commercial car parking require: 312m2 x 2.0 spaces / 100m2 = 6.24 spaces Therefore the required car spaces for the site are 8 spaces @ $38,496 per space. The required car parking contribution for the site is $307,968. The applicant has made a request to Council through the Statement of Environmental Effects to waive the Section 94 requirement for a car parking contribution. This request has been made in lieu of the applicant maintaining the existing walkway along the southern boundary of the site, thus allowing pedestrian access from Transvaal Ave to the Council owned car park to the rear of the site. As previously discussed this matter was referred to Council’s Property Officer - Mr Anthony Sheedy who stated the following: “It is not in Council’s interest to accept the easement proposal of the applicant in lieu of the S94 / 94A contributions.” Therefore the applicant is to contribute the $307,968 car-park rate required. This amount has been included within the section 94 contribution and has been imposed as a condition of consent.



Vehicular access No vehicle access is proposed for the site. First floor car parking Not applicable to this assessment. Site facilities The proposal includes adequate site facilities that will have minimal impacts on the streetscape. The proposal satisfies the relevant principles and controls of the DCP. Concessions for cultural facilities Not applicable to this assessment. Concessions for corner lots Not applicable to this assessment. Transvaal Avenue Conservation Area - management policy and controls Whilst the site is not located within the Transvaal Avenue Conservation Area, the building does adjoin the precinct to the north. A brief discussion of the objectives of the Heritage Conservation Area is therefore provided The objectives of this control are to encourage the replacement of buildings that detract from the townscape character of Transvaal Avenue. The existing building is considered unsympathetic to the adjoining terraces to the north of the site as the building obscures views of the heritage items from Cross Street and an existing blank 12.5 metre triple storey wall interfaces with the adjoining heritage building. The new design seeks to improve the interface of the building with Transvaal Ave and the adjoining northern terrace. The proposed planters at the second level should achieve adequate privacy for the rear yard of 3 Transvaal Avenue and will achieve a softer “edge” to the heritage buildings than the existing blank façade. The works proposed incorporate a 1.8 metre setback and 1.2 metre wide balcony to provide a 3 metre visual and physical separation between the adjoining terrace and the proposed upper level. The proposed angled front setback incorporates a design approach that enhances the visual prominence of the terraces within in the streetscape and when viewed from Cross Street and respond to the townscape character of Transvaal Avenue. The proposal satisfies the relevant objectives of the DCP. 12.2 DCP for off-street car parking provision and servicing facilities This DCP is not relevant to this assessment as car parking is addressed in the Double Bay Centre DCP. This has been discussed previously.



12.3 Woollahra Access DCP The proposed alterations ensure that the building is accessible and useable by all people in the community, including people with a disability. The proposal satisfies the relevant objectives and controls of the Access DCP. 12.4 Other DCPs, codes and policies None applicable.

13. APPLICABLE REGULATIONS The proposal would comply by condition with Australian Standard AS 2601-1991: The demolition of structures.

14. THE LIKELY IMPACTS OF THE PROPOSAL All likely impacts have been considered and assessed elsewhere in this report.

15. THE SUITABILITY OF THE SITE As no excavation is proposed within this application the site is considered suitable for the proposed development with regard to Acid Sulphate Soils as identified in the Planning NSW Acid Sulphate Soil Risk Map.

16. SUBMISSIONS The proposal was advertised and notified in accordance with Council’s Advertising and Notifications DCP. No submissions were received.

17. CONCLUSION - THE PUBLIC INTEREST The proposal is acceptable against the relevant considerations under s79C and would be in the public interest.

18. RECOMMENDATION: Pursuant to Section 80(1) of the Environmental Planning and Assessment Act, 1979

THAT the Council, as the consent authority, grant development consent to Development Application No. 306/2006 for substantial alterations to existing building including additional storey on land at 1 Transvaal Avenue Double Bay, subject to the following conditions: 1. Approved Plans

The development must be carried out in accordance with plans numbered A02, A03 & A04, dated 1 May 2006, drawn by Brian Meyerson Architects, all of which carry a Council stamp “Approved DA Plans” and the signature of a Council officer, except where amended by the following conditions.



2. Roof form The proposed roof is to be non-trafficable and is not to be used for any other purpose other than servicing the ancillary equipment.

3. Deletion of advertising sign This consent does not approve the proposed vertical advertising sign descending down the southern elevation of the building. All reference to this element must be deleted from the plans.

4. Paving Paving within the setback areas fronting Transvaal Avenue is to match the existing brick paving in Transvaal Avenue (Refer to the Double Bay Centre Public Domain Improvements Plan Section 6.2).

5. Triple ‘AAA’ Rating

The development requires that all water devices installed in the building are of an “AAA” rating.

6. Fire safety

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



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

Construction Certificate by:


(b) a principal certifying authority (PCA) has been appointed and the Council has

been notified in writing of the appointment, and


8. Materials

Details of the colour, texture and substance of all external materials must be submitted to Council or the accredited certifier prior to the issue of a Construction Certificate and are to be to the satisfaction of an authorised Council assessment officer or the accredited certifier. For properties that are located in a Conservation Area or that are Heritage Items, the proposed materials must be to the satisfaction of Council's Heritage Officer.



9. Drawings to show levels and heights

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

10. Compliance with Disability Discrimination Act

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







13. Services and electrical sub-station

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

14. Layout of buildings

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







17. Levels

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


The Applicant, Owner and Builder, jointly and severally, must ensure that they call their Principal Certifying Authority ("the PCA") to carry out such critical phase building inspections required by the PCA, the PCA Service Agreement and that the PCA is satisfied with the level of compliance achieved before the Builder proceeds to the next phase of construction. Ample notice of required inspections must be given to the PCA in accordance with the PCA Service Agreement. The Applicant, Owner and Builder must comply with the PCA Service Agreement (Service Contract) and any lawful direction given by the Principal Certifying Authority. Note: It is the responsibility of the PCA to ensure that critical phase building inspections are undertaken in accordance with a PCA Service Agreement and issue to the Applicant, Owner and Builder appropriate Notice under Section 109L of the Environmental Planning & Assessment Act 1979 ("the Act") where any breach of this consent occurs. Failure of the PCA to issue such notice may result in Council taking action under Section 109V of the Act. Failure of the Applicant, Owner and Builder to comply with a PCA Service Agreement and comply with lawful directions of the PCA under this condition may result in Council issuing fines, notices, orders and commencing legal proceedings. Council will only enter into PCA Agreements with the Owner of the land being developed. Council, if appointed as the PCA, will report to the owner of the land being developed.





20. Landscaping plan - Class 2-9 buildings

A landscape plan, prepared by a qualified Landscape Architect or Landscape Consultant, to a scale of 1:100 or 1:200, conforming to Council's Landscaping Code and all other relevant conditions of this Consent, must be submitted to Council or the accredited certifier for approval with or before the application for a Construction Certificate. If submitted to Council, four weeks should be allowed for this assessment.

The Plan must provide for the following:-

a) A plan showing the existing location, canopy spread, trunk diameter, height and

names of all existing trees protected by Council’s Tree Preservation Order on or directly adjacent to the site. The Plan must also include the existing ground levels at the base of the trunk of such trees and a schedule of works proposed to protect the trees.

b) Planting plans indicating the location of all proposed planting and all existing planting to be retained, delineating each species type and showing existing and proposed ground levels (shown as spot heights over the site and at the base of the trees that are to be retained). The plan must include a detailed planting schedule, which must include species listed by botanical and common names, quantities of each species, pot sizes, the estimated size of the plant at maturity.

c) The minimum soil depth for plantings on any slab must be 1000mm for trees, 600mm for shrubs and 300mm for turf. These dimensions for trees must include 75mm depth of mulch.

d) Construction details of planter boxes, paving, edging, fencing, screening panels & other (specify) must be provided.

e) Planting details must be provided for the preparation and laying of turf, tube and potted plants, super-advanced plants, bare-rooted stock and proposed methods of staking trees.

21. Stormwater disposal

Stormwater must be disposed of by an appropriate method specified in Council’s Draft Stormwater Development Control Plan and Local Approvals Policy. Details of the proposed method/s of disposal must be submitted with the Construction Certificate Application.

22. Stormwater management plan

A Stormwater Management Plan for the site must be submitted with the application for a Construction Certificate. This Condition is imposed to ensure site stormwater is disposed in a controlled and sustainable manner. The Stormwater Management Plan must be in accordance with Council’s Draft Stormwater Drainage Management DCP (Draft Version 1, Public Exhibition Copy dated 23/08/2004). This is available from Council's website http://www.woollahra.nsw.gov.au.



Stormwater run-off from the proposed development must drain to Councils kerb in Transvaal Avenue. New drainage systems must be designed in accordance with Section 6 - “Connection to drainage system” of Council’s Draft Stormwater Drainage Management DCP. A detailed Stormwater Management Plan must be produced by a suitably qualified civil or hydraulic engineer. The plan must be at a scale of 1:100 and based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include (as appropriate for the site and determined by the Hydraulic Consultant):

• All pipe layouts, dimensions, grades, lengths and material specifications • All invert levels reduced to Australian Height Datum (AHD) • Location and dimensions and of all drainage pits • Point of connection to Councils drainage infrastructure • Overland flow paths over impervious areas. • Copies of certificates of title, showing the creation or existence of private

easements to drain water by gravity, if required. • Subsoil drainage details (layout, grades, material), clean out points and discharge

point. 23. Stormwater Certification and Work-As-Executed (WAE) Plans

Prior to the issue of the final Occupation Certificate, Certification and Work-As-Executed (WAE) plans must be submitted and approved by the Accredited Certifier demonstrating that the site drainage system has been provided according to the submitted calculations and/or approved plans.

Certifications must be provided by a suitably qualified engineer. WAE plans must be prepared and certified by a Registered Surveyor. The following must be provided:

a) Certification that:

• The drainage system has been installed in accordance with the drainage Conditions of Development Consent and relevant Australian Standards.

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

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

• Details (exact point and method) of connection to Council system.

24. Flood Proofing

During large storm events, there is potential for stormwater ponding to occur in the road and footway areas fronting and/or adjoining the proposed development site. An assessment of these flows must be undertaken to ensure that suitable flood proofing of the proposed development may be incorporated.



To this end, the applicant is to engage a suitably qualified hydraulic engineer to determine the likely 1 in 100 year flow level conveyed within the adjacent roadway and footway. It is expected that a hydrological (hydrograph model), and hydraulic analysis of the upstream catchment will be required. The existing in-ground drainage capacity in the catchment must be considered. The extent of Councils drainage infrastructure in the subject catchment may be ascertained by visual inspection of drainage plans at Councils Customer Services Counter. A registered surveyor must provide levels within the adjacent roadway if necessary.

Subject to this, the applicant must: a) Provide certification from a qualified structural engineer that all building works

associated with the development, potentially subject to inundation, are built from flood/overland flow compatible materials; and that the building will not sustain structural damage from the passage of floodwaters/overland flow or from the forces or impact of debris associated with the floodwaters/overland flow. Certification must be provided to the Accredited Certifier prior to the issue of the Occupation Certificate.

b) The proposed building materials have been selected to minimise potential

damage by floodwaters/overland flow to the extent feasible (ie consistent with use and cost/benefits).

c) Ground floor services, flood sensitive equipment (including non-submersible

electrical equipment and switches) and storage areas (shelving) must be located no less than 300mm above the determined flood level.

25. Payment of Long Service Levy, Security, Contributions and Fees

The person(s) with the benefit of this consent must pay the following long service levy, security, contributions, and fees prior to the issue of any construction certificate, subdivision certificate or occupation certificate, as will apply. The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees. Specifically: a) prior to the issue of a construction certificate, where a construction certificate is

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

is required; or c) prior to the issue of an occupation certificate in any other instance.




Contact LSL Corporation or use their online

calculator

No



SECURITY

under section 80A(6) of the Environmental Planning and Assessment Act 1979 Property Damage Security Deposit - Making

good any damage caused to any property of the Council as a consequence of the doing of


$16,600.00 No T600

CONTRIBUTIONS under Woollahra Section 94 Contributions Plan 2002 (March 2005 update)

This plan may inspected at Woollahra Council or downloaded from our website www.woollahra.nsw.gov.au .

Contribution towards provisions of civic improvements in the Double Bay Commercial Centre

$8866.00 Yes, yearly T94

Contribution towards the provision of public car parking in the Double Bay Commercial Centre

$307,968.00 Yes, yearly T94

Administration of the Woollahra Section 94 Contributions Plan 2002 $4752.51 Yes, yearly T94


Security Administration Fee $163.00 No T16 TOTAL SECURITY, CONTRIBUTIONS,

LEVIES AND FEES $338349.51

Plus any relevant indexed amounts and long service levy

How must the payments be made? Payments must be made by: 1. Cash deposit with Council, 2. Credit card payment with Council, or 3. Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: a) the guarantee is by an Australian bank for the amount of the total outstanding contribution; b) the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by




How will section 94 contributions be indexed? To ensure that the monetary value of the contributions are not eroded over time by increases in costs the contributions will be increased annually. Clause 3.13 of Woollahra Section 94 Contributions Plan 2002 sets out the formula and index to be used in adjusting the contributions. Do you need HELP indexing the contributions?

Please contact our customer service officers on 9391-7000. Failure to correctly calculate the indexed contributions will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate).



Deferred periodic payment of Section 94 contributions under Woollahra Section 94 Contributions Plan 2002 Where the applicant makes a written request supported by reasons for payment of the contribution other than as required by clause 3.7 of the plan, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: a) the reasons given; b) whether any prejudice will be caused to the community deriving benefit from the public facilities

required by the proposed development; c) whether any prejudice will be caused to the efficacy and operation of this Plan; and d) whether the provision of public facilities in accordance with the adopted works schedule will be

adversely affected. Where Council accepts periodic payment by way of instalments, it will be on the basis that each instalment is paid before work commences on the corresponding stage of the development and the amount of each instalment will be calculated on a pro-rata basis in proportion to the cost of the overall development. Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where: a) the guarantee is by an Australian bank for the amount of the total outstanding contribution; b) the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by




Any deferred or outstanding component of the contribution will be indexed in accordance with clause 3.13 of the plan. Under the indexation provisions, if a deferred or periodic payment is made before the next anniversary of the Plan, there will be no increase in the amount payable. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid.

26. Stockpiles







28. Temporary disposal of roof water

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

29. Disposal of site water during construction

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

30. Water conservation

Water saving showerheads must be fitted to all showers within the development to reduce water consumption and promote energy efficiency. Energy Development Authority).



32. Construction Management

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

a) describe the anticipated impact of the construction works on:

• local traffic routes • pedestrian circulation adjacent to the building site • and on-street parking in the local area, and;

b) describe the means proposed to: • manage construction works to minimise such impacts, • provide for the standing of vehicles during construction, • provide for the movement of trucks to and from the site, and deliveries to the

site, and; c) show the location of:

• any site sheds and any anticipated use of cranes and concrete pumps, • location and extent of construction/ work zone, • structures to be erected such as hoardings, scaffolding or shoring.

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



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

33. Compliance with the construction management plan

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

34. Site fencing

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

35. Works Zone

A Works Zone (Construction Zone) is required for this development. Prior to issue of the Construction Certificate an application for the required Works Zone must be submitted to Woollahra Council, for consideration by the Woollahra Local Traffic Committee. Prior to commencement of any demolition, land clearing, piling, piering, excavation, construction or like work or the issue of a Notice of Commencement of building works, approval for the required Works Zone must have been obtained, the prescribed permit fees paid to Council and the Works Zone signs erected by Council. Should Council, following consideration by the Woollahra Local Traffic Committee, not approve the installation of a Works Zone for the site, a Works Zone will not be required. Note: • The Woollahra Local Traffic Committee meets monthly. • A minimum of eight weeks is required for assessment and determination of a

Works Zone application. • Failure to comply with this condition may result in fines and proceedings pursuant

to Part 6 of the EP&A Act 1979. 36. Hoarding

A Class B (Overhead) Hoarding or Scaffolding is required for this development. An application for the required Hoarding must be submitted to Woollahra Council prior to any Construction Certificate being issued. Prior to commencement of any demolition, land clearing, piling, piering, excavation, construction or like work or the issue of a Notice of Commencement, approval for the required Hoarding must be obtained and the required Hoarding erected. Note: A minimum of two weeks is required for assessment of a Hoarding application. Failure to comply with this condition may result in fines and proceedings to stop work.



37. Footpath Pavers

To prevent the degradation of Council’s footpath pavers fronting the site, the applicant must remove all existing pavers in the footpath area fronting the site and install a temporary footpath prior to the commencement of works. Temporary footpath levels must generally match existing and be free of trip hazards. The pavers must be stored appropriately off the footpath and Council property for the duration of the construction works. Upon completion of the development works, the applicant must reinstate the footpath with the original pavers or otherwise as directed by Council. Council may utilise the damage security deposit to rectify the reinstated footpath if the footpath works are not to Councils satisfaction.

38. Works on Council land

(a) Approval

Development Consent does NOT give approval to works on Council property. Detailed plans and specifications of any new works which are proposed to be carried out on Council property, including works on roadways, footways, parks and reserves, drainage reserves and easements, etc. must be submitted for the approval of Council’s Development Engineer, with or before the application for a Construction Certificate. Four weeks should be allowed for assessment. Works generally must be in accordance with the relevant clauses of the current edition of AUS-SPEC.

(b) Infrastructure works Bond

To ensure that works on Council property are carried out to Council’s requirements, the developer must lodge a bond to the value of $(Development Engineer to insert $ amount here). The Bond may be in the form of a bank guarantee and must be lodged prior to the issue of a Construction Certificate. The Bond will not be released until Council has inspected the site and is satisfied that the works have been carried out to Council’s requirements. Council may use part or all of the Bond to complete the works to its satisfaction if the works do not meet Council’s requirements.

After Council’s final inspection of these works 10% of the Bond will be retained for a further twelve (12) month period and used by Council to repair any defects or temporary works necessary after the final inspection.

39. Damage security deposit

A security deposit of $16,600 (Sixteen thousand, six hundred Dollars) for the cost of making good any damage to Council property caused as a consequence of the construction work, plus an administration fee of $163.00, must be paid to Council prior to the issue of the Construction Certificate. The security deposit, which may be in the form of a bank guarantee, has been calculated in accordance with the following schedule.



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

estimated cost>$100,000

The security or bank guarantee must not have an expiry date.

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

40. Footpath levels

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

41. Protection of services

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

42. Road Opening Permit

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

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

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

44. Public footpaths

A safe pedestrian circulation route a minimum of 1.5m wide and with a pavement free of trip hazards must be maintained at all times on or adjacent to the public footpaths fronting the construction site. Where the footpath is damaged, repair works must be carried when directed by Council officers and in accordance with the relevant clauses of Council's document "Standard Specifications for Roadworks, Drainage and Miscellaneous Works dated Jan 2003. Where circulation is diverted on to the roadway clear directional signage and protective barricades must be installed in accordance with Australian Standard AS1742-3 2002 “Traffic Control Devices for Work on Roads”. Should the applicant propose to direct pedestrians onto the road pavement of a State road then an application is to be made to the RTA for a Road Occupancy Licence. Licence approval is to be submitted to Council.



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

45. Completion of infrastructure work

All infrastructure works must be completed and be certified by the accredited certifier as meeting all Council requirements and as-built drawings are to be submitted to Council’s Development Engineer, prior to the release of the Infrastructure Works Bond. Works generally must be in accordance with the relevant clauses of the current edition of AUS-SPEC.

46. Repair of Damaged Infrastructure

If Council’s infrastructure is damaged during the course of works, Council’s Development Engineer must be notified and necessary repairs must be undertaken within the time stipulated by Council, to Council’s specifications, and at no cost to Council. Works generally must be in accordance with the relevant clauses of the current edition of AUS-SPEC. If work is not undertaken to the satisfaction of the Development Engineer with regard to time or quality, Council may carry out remedial works and deduct the cost from the Damage Security Deposit.

47. Dilapidation reports

A dilapidation report on the current structural condition of the existing buildings at 3 Transvaal Avenue, Double Bay must be prepared by a practicing structural engineer. The Report must be completed and submitted to Council prior to the commencement of any demolition, excavation or construction works. A second dilapidation report recording structural condition must be carried out on 3 Transvaal Avenue, Double Bay at the completion of the works and be submitted to Council.

48. Demolition and disposal of hazardous materials

Removal, cleaning and disposal of lead-based paint must conform to the current EPA guidelines. Demolition of materials incorporating lead is to be conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of the Australian Standard AS2601-1991, Demolition of Structures. Hazardous dust must not be allowed to escape from the site. The use of fine mesh dust proof screens or other measures is recommended. Any existing accumulations of dust (eg. ceiling voids and wall cavities) must be removed by the use of an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created from work must be suppressed by a fine water spray. Water must not be allowed to enter the street or stormwater systems. Demolition must not be performed during high winds, which may cause dust to spread beyond the site boundaries.



All contractors and employees directly involved in the removal of hazardous dusts and substances must wear protective equipment conforming to Australian Standard AS1716 Respiratory Protective Devices and must adopt work practices in accordance with the requirements of WorkSafe’s Control of Inorganic Lead At Work (NOHSC:102(1994) and NOHSC:2015(1994)). All lead-contaminated materials must be disposed of in accordance with the EPA’s requirements.

49. Mechanical ventilation/services

Prior to the issue of any Construction Certificate

Detailed mechanical ventilation system plans and specification prepared by a professional engineer, as defined by the Building Code of Australia, must be submitted to Council or an Accredited Certifier with the application for a Construction Certificate certifying compliance with AS/NZS 1668 The Use of Mechanical Ventilation and Air Conditioning in Buildings, Part 1-1998: Fire and smoke control in multi-compartment buildings and Part 2-1991: Mechanical ventilation for acceptable indoor-air quality.

Installation and Commissioning

The mechanical ventilation system must be installed and commissioned in accordance with AS/NZS 1668 The Use of Mechanical Ventilation and Air Conditioning in Buildings, Part 1-1998: Fire and smoke control in multi-compartment buildings and Part 2-1991: Mechanical ventilation for acceptable indoor-air quality under the supervision of a professional engineer.

Prior to the issue of any Occupation Certificate

Detailed "works as executed" mechanical ventilation system plans and specification prepared by a professional engineer, as defined by the Building Code of Australia, must be submitted to Council or an Accredited Certifier together with certification from the supervising professional engineer that the system as commissioned complies with AS/NZS 1668 The Use of Mechanical Ventilation and Air Conditioning in Buildings, Part 1-1998: Fire and smoke control in multi-compartment buildings and Part 2-1991: Mechanical ventilation for acceptable indoor-air quality.

Note: Part 1 of AS/NZS 1668 only applies to multiple compartment buildings.

50. Lighting

Any lighting on the site must be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting must comply with the Australian Standard AS4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.



(b) This condition does not apply to the extent to which an exemption is in force

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



52. Change of building use

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

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

(b) This condition does not apply to the extent to which an exemption is in force

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

53. Protection of public places

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

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

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

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

(b) If necessary, an awning must be erected, sufficient to prevent any substance from, or 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 must be removed when the work has been completed.

Note: Prior to the erection of any hoarding, fence or the like on any footpath or other property owned or controlled by Council, permission must be sought and obtained from Council and the prescribed rental fee paid. (See Condition No. 25 )



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

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



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

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



55. Toilet facilities

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

(b) Each toilet provided:

(a) must be a standard flushing toilet; and

(b) must be connected:

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

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

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

(c) The provision of toilet facilities in accordance with this clause must be completed

before any other work is commenced.

(d) In this condition:

accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in Clause 95B of the Regulation. approved by the Council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993.

public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

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

Mr J La Posta Mr M Schofield ASSESSMENT OFFICER TEAM LEADER ADVISINGS 1. Other approvals

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



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

• an Application for Approval under Section 68 of the Local Government Act 1993 for a Place of Public Entertainment. Further building work may also be required for this use in order to comply with the Building Code of Australia. If there is any doubt as to what constitutes "Public Entertainment" do not hesitate to contact Council's Fire Officer.

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

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

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

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

2. Fire Safety Advisor Note

c) An existing fire safety schedule is held on building. Alterations will require an new fire schedule to be submitted.

d) A fire isolated stairway will be required

) Class 5 to 9 buildings — Every required exit must be fire-isolated unless— (i) in a Class 9a health-care building — it connects, or passes through or passes by

not more than 2 consecutive storeys in areas other than patient care areas; or (ii) it is part of an open spectator stand; or (iii) in any other case except in a Class 9c aged care building, it connects, passes

through or passes by not more than 2 consecutive storeys and one extra storey may be included if—

(A) the building has a sprinkler system complying with Specification E1.5 installed throughout; or

(B) the required exit does not provide access to or egress for, and is separated from, the extra storey by construction having—

(aa) an FRL of –/60/60, if non-loadbearing; and (bb) an FRL of 90/90/90 for Type A construction or 60/60/60 for Type B construction,

if loadbearing; and (cc) no opening that could permit the passage of fire or smoke.

3. Works and requirements of other authorities

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

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



• Australia Post has requirements for the positioning and dimensions of mail boxes in new commercial and residential developments. A brochure is available from your nearest Australia Post Office.

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

including awnings, signs etc, over a public roadway or footway. The Engineer Mains Overhead Eastern Area should be contacted on 9663 9408 to ascertain what action, if any, is necessary.

• Telstra has requirements concerning access to services that it provides. 4. Application for a Construction Certificate

The required Application for a Construction Certificate may be lodged with Council. Alternatively, you may apply to an accredited private certifier for a Construction Certificate. WARNING: Failure to obtain a Construction Certificate prior to the commencement of any building work is a serious breach of Section 81A(2) of the Environmental Planning & Assessment Act 1979. It is also a criminal offence which attracts substantial penalties and may also result in action in the Land and Environment Court and orders for demolition.

5. Occupational Health and Safety


6. Trade waste agreement

A Trade Waste Agreement must be obtained from Sydney Water prior to the discharge of trade wastewater to the sewer system. Trade wastewater is defined as ‘discharge water containing any substance produced through industrial or commercial activities or operation on the premises’.

7. Waste collection


8. Relocation of stormwater drainage

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

9. Hazardous Material Management (to be included in all Development Consents)

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



10. Hazardous waste removal

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

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

Work Involving Asbestos or Asbestos Cement 1983; • The Occupational Health and Safety (Hazardous Substances) Regulation 1996; • The Occupational Health and Safety (Asbestos Removal Work) Regulation 1996;

and • The Waste Minimisation and Management Act and Regulations.

11. Storage of dangerous goods

Details of the exact nature, quantity, location, method of storage and packing of any material covered by the Dangerous Goods Act, 1975, must be submitted to the WorkCover Authority in accordance with its requirements.

12. Signs

A separate Development Consent or Complying Development Certificate may need to be obtained prior to the erection of any advertising sign.

13. Compliance with the Disability Discrimination Act

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



15. Storage bins on footpath and roadway

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

16. Building Code of Australia classification

The classification of the building pursuant to the Building Code of Australia is class 5 & 6.



17. Compliance with the Building Code of Australia

Preliminary assessment of the development application drawings indicates that the proposal may not comply with the following sections/parts of the Building Code of Australia:

ANNEXURES

1. Plans and elevations 2. Referral – Development Engineer 3. Referral – Property officer 4. Referral – Heritage officer 5. Referral – Urban Designer 6. Referral – Fire Safety Officer

time: 3.00pm one of one part

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