application number da-531/2015 site address 67-69 penkivil street

Application number DA-531/2015

Site address 67-69 Penkivil Street, Bondi

Proposal Demolition of existing dwellings and construction of a new four-storey residential flat building containing 12 units, basement car park and strata subdivision

Date of lodgement 20 November 2015

Owner / Applicant Ciderbridge Pty Ltd

Submissions Four submissions

Cost of works $3,500,000

Issues Visual privacy

Recommendation That the application be APPROVED

Site Map

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1. PREAMBLE

1.1 Site and Surrounding Locality A site visit was carried out on 2 March 2016. The sites are identified as Lots 1, 2 and 3, DP 736495 known as 67 Penkivil Street, and Lot 1 DP 529701 known as 69 Penkivil Street, Bondi. The sites are located on the western side of Penkivil Street approximately 70m north of the intersection with Bondi Road. The combined site (the site) are rectangular in shape with north and south (side) boundaries measuring 60.05m and 59.51m respectively and east (front) and west (rear) boundaries measuring 20.27m and 20.105m respectively. The combined sites have an area of 1208.5m2 and a fall of 2-3m from the rear to the front. The site is occupied by a pair of two-storey semi-detached dwellings with vehicular access to a double carport provided from Penkivil Street at the front. The site also contains a single storey outbuilding within the rear yard. The subject site is adjoined by four-storey residential flat buildings on both sides and dwelling houses at the rear. The eastern side of Penkivil Street is characterised by residential flat buildings up to nine storeys in height whilst the western side has residential flat buildings ranging from four to nine storeys in height.

Figure 1: Combined site viewed from Penkivil Street (Image Google Earth)

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Figure 2: Subject site frontage

Figure 3: Rear elevation of the building

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Figure 4: Outbuilding within the rear setback

1.2 Relevant History The following development applications are relevant:

BA-611/1997 for alterations and additions, including an additional storey and garage at 67 Penkivil Street was approved on 13 December 1997.

DA-199/2013 for a double carport, hardstand parking and driveway at 69 Penkivil Street was approved on 23 July 2013.

1.3 Proposal

The proposal seeks consent to demolish the existing structures on the site and construct a four-storey residential flat building with a basement car park. The proposal will provide a total of 12 units comprised of 3 x 1-bedroom units, 4 x 2-bedroom units, and 5 x 3-bedroom units. Each unit will be provided with private open space in the form of a balcony or courtyard for those at the ground level. The site also provides a large area of communal open space along the rear boundary of the site. The car park level is below ground and provides parking for 18 vehicles with each parking space having an associated storage cage. A garbage room for 12 bins is also provided. The car park is accessed via a ramp from Penkivil Street on the southern side of the proposed building. The lobby of the proposed development is provided in the centre of the building accessed via the southern boundary of the site. The lobby provides a lift and stairs to all levels of the proposed building

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with the exception of the topmost level which are connected to the units on the level below and as such accessed via an internal stair from the associated unit. The application also includes the strata subdivision of the residential flat building into twelve strata lots.

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

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

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

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

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2.1.3 SEPP 65 Design Quality of Residential Flat Development The application was referred to the Joint Randwick/Waverley SEPP 65 Design Review Panel on 14 December 2015. The Panel’s comment of the proposed development with regard to the 10 design quality principles under SEPP 65 and a planning response to each comment are set out in Table 1 below: Table 1: Assessment against the 10 Design Quality Principles under SEPP 65

Principle Panel’s Comment Planning Comment

1. Context & Neighbourhood

The neighbourhood has high amenity as it is well served by public transport, close to shops, services and open space, and is a suitable location for more apartments.

The proposal is supported with regards to the context and neighbourhood character.

2. Built form & Scale

The proposed building is located between two 4-storey buildings of similar bulk, height and scale and in the Panel’s opinion, would fit reasonably well into its context. The proposed building extends approximately six metres (including balconies) further into its site than the adjoining buildings. Although this distance is slightly more than the existing building on the site, the proposed building does not step down in height to the west. The proposal has substantially wider set backs from its side boundaries than the existing building and more than its neighbours however the increased bulk to the west should be reduced – ie, the building shortened and roof form revised to accommodate the relocated floor area. The Panel also considers there could be a better solution than the excavated level of the rear apartments. A split level could be introduced, utilising the extra height under the sloping roof plane. The upper floor design could be reconsidered. If placed on the north of the proposed building it may have less shadow impact on the southern neighbour and the lift overrun could be kept within the building envelope.

The building fits within the context of the street. The rear setback of the proposal at 16m substantially exceeds the minimum 6m rear setback required by the DCP and the minimum separation distance to the rear boundary of 9m required by the Apartment Design Guide (ADG). The proposal also provides more generous side setbacks than neighbouring developments, complying with the DCP in this regard and has a front setback consistent with the street. Additionally, the proposal fully complies with the FSR and height. In this regard, the proposal complies with the built form controls of the LEP, ADG and DCP and the requirement to reduce the bulk at the rear of the building is not supported by any controls. Council needs to have a supporting control under which to apply these restrictions/amendments which, due to height controls that limit the roof to that proposed, would ultimately result in a lower FSR and less units. Accordingly, the revisions suggested by the Panel are not supported. As detailed later in this report, the overshadowing impacts are considered reasonable. The attic level is consistent with the controls and

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The proposed apartments would receive adequate sunlight. It is disappointing that the substantial existing pair of houses could not be retained, adapted and enlarged. Obviously the excavated basement car park is the obvious impetus for demolition and the new building.

objectives for attics within the DCP and is supported as proposed. The existing building on the site does present with charm and historic character, however is not heritage listed or within a conversation area. As such, there are no statutory mechanisms in place that would allow Council to require the retention of the building.

3. Density In the Panel’s opinion the proposed density of 0.9:1 is appropriate for this site and is the control density.

Agreed.

4. Sustainability

All apartments should enjoy cross ventilation however the Panel is concerned with the window design which seems to be chosen for aesthetic reasons rather than to achieve good light and ventilation options for the occupants. Habitable rooms should have ceiling fans shown on the drawings. Solar protection of windows, particularly on the north elevation, is inconsistent and needs explanation. The fully glazed stairwell should be detailed. Openings for good ventilation and sun protection from the late afternoon summer sun need to be fully considered. It is unclear if a glass roof is also proposed. This would cause a large undesirable heat load.

The windows on the front and rear are substantial in size however smaller slot windows are utilised on the side elevations. The narrow slot windows have been used due to windows on the opposing elevations of adjoining buildings and the need to maintain privacy. Therefore although larger windows on the side elevations would result in greater amenity within the development, it will result in loss of amenity (privacy) to the neighbouring buildings. On balance, the windows proposed are considered acceptable. Ceiling fans are required by condition in Appendix A. The Architect has provided the following response in regards to the issues raised by the Panel: ‘Regarding North facing glazing, each window above Ground floor has a form of solar protection. You can see in the plans Level 1and 3 employs hoods and there are louvres on level 2. The reason there is 2 types is purely architectural expression. The ground floor glazing is mainly shaded by neighbouring structures, however towards the North West corner awning structures are used to

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mitigate the solar load on the living room windows. The stairwell is fully glazed ...and is south facing, and in shade most of the time. There is also a section of skylight above we have incorporated to brighten this volume. The glass as noted would be obscured to reduce the heat load ...’ The above is considered acceptable.

5. Landscape As measured by the applicant, the site would have 276m2 of deep soil. This is in excess of 10% of the site area of 1 209m2, which is the minimum percentage recommended in the Apartment Design Guide (ADG).

Agreed.

6. Amenity The apartments are reasonably well designed and are slightly in excess of the minimum areas recommended in the ADG. Generally they should offer high amenity. The Panel suggests the following could further improve the scheme; The combined living room /

kitchens seems a little undersized. In the 3 bed apartments, the corridors occupy too large percentage of the space.

The up and over apartments should spring from both southern apartments (including Unit 2.01), so that they gain northern light and toplight.

The western units could be split level, to raise the lowest level units out of the ground

The basement may be able to be more tightly configured.

Agreed. The ADG provides design criteria in relation to the size of rooms and specifies that living rooms or combined living/dining rooms have a minimum width of 3.6m for 1-bedroom apartments and 4m for 2 and 3-bedroom apartments. The ADG also specifies minimum dimensions for bedrooms and for the units overall. The proposal is consistent with these criteria indicating that apartment and room sizes meet the standards of the ADG. In this regard, further modification is not justified or supported. The proposed development has been designed to comply with the requirements of the LEP, DCP and ADG and has largely achieved this goal. Further amendment to the proposal is not agreed.

7. Safety The layout of the site is simple and clear. Windows should provide good surveillance.

Agreed.

8. Housing Diversity and

The area to the north of Bondi Road is dominated by apartment buildings and has a diverse population; the

The proposal provides an appropriate mix of apartment sizes.

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Social Interaction

residents of the proposed building should be accepted.

The communal open space at the rear with shared garden will enhance social interaction between residents. Additionally, the small size of the development with lobbies providing access to a limited number of apartments on each floor will further encourage interaction and facilitate recognition between neighbours, enhancing security.

9. Aesthetics This, overall is a good design, but it runs the risk of being overcomplicated. The stacked combination of ceramic tiles, metal cladding, timber cladding, metal sandwich panel, obscured glass cladding and attic roof cladding seems over stated. The colours are not well defined on the External Finishes drawing. The roof and structure appear a little improbable. A more coherent aesthetic approach is encouraged. As noted above, large scale drawings that illustrate the construction proposed should be submitted as part of the application

A schedule of external finishes was provided indicating that the finishes will be comprised of contemporary materials including metal and timber cladding to the upper levels and white subway style tiling at the ground floor level. The finishes are consistent with more recent contemporary development on Penkivil Street and are characteristic of the emerging character of the street. Construction diagrams and large scale drawing details are required as part of the Construction Certificate.

Clause 6A Development control plans cannot be inconsistent with Apartment Design Guide Clause 6A of SEPP 65 requires that DCP’s cannot be inconsistent with the Apartment Design Guide (ADG) in respect of the following:

(a) visual privacy, (b) solar and daylight access, (c) common circulation and spaces, (d) apartment size and layout, (e) ceiling heights, (f) private open space and balconies, (g) natural ventilation, (h) storage.

If a development control plan contains provisions that specify requirements, standards or controls in relation to a matter to which this clause applies, those provisions are of no effect. DCP 2012 contains provisions in relation to the above criteria and as such, these provisions of the DCP no longer have effect. An assessment against the provisions within the ADG is provided in the table below and these controls have been deleted from Table 5 relating to the DCP as they are no longer relevant.

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Table 2: Apartment Design Guide

Design Criteria Compliance Comment

3F Visual privacy

Min separation distances from buildings to side and rear boundaries:

Up to 12m (4 storey) – 6m habitable & 3m non-habitable

Increased separation of 3m where adjoins a lower density zone

No

Yes

The proposal provides only 4.5m to both side boundaries and given the location of windows on the subject site and those adjoining, the minimum separation distance required by the ADG is 6m to the boundary. Refer to discussion following this table. The ADG requires 9m separation from the proposed building to the rear boundary, given that the properties at the rear are within the R2 zone. The proposal provides 16m which is well in excess of the minimum requirement.

4A Solar and daylight access

Living rooms and private open spaces of at least 70% of units receive minimum of 2 hours direct sunlight between 9am-3pm mid-winter

A maximum of 15% receive no direct sunlight between 9am-3pm mid-winter.

Yes

75% of units receive at least 2 hours mid winter.

All units are dual aspect and as such all receive some direct sunlight mid-winter.

The proposal is consistent with the remaining objectives of this part of the ADG ensuring that daylight access is satisfactory and incorporating shading in the warmer months.

4B Natural ventilation

All habitable rooms are naturally ventilated

Number of units with natural cross ventilation is maximised: At least 60% of units

naturally ventilated

Yes

All habitable rooms are provided with at least one window for natural ventilation.

All units have dual aspects and three of the top level units are double level units. In this regard, 100% of the units can be naturally cross ventilated.

The proposal uses a combination of full height openable doors, slot windows, skylights and voids to achieve appropriate cross ventilation within the building.

4C Ceiling heights

Habitable rooms – 2.7m Non-habitable rooms –

2.4m 2 storey units – 2.7m main

level (living) & 2.4m upper floor where its area does not exceed 50% of the unit area

Attics – 1.8m at edge of room with a 300 min ceiling slope

Yes

The ceiling heights within all units comply with the minimum requirement. Large voids and double height spaces are provided on the upper floor units increasing internal amenity.

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Design Criteria Compliance Comment

4D Apartment size and layout

The following minimum internal areas apply:

Studio = 35 m2

1 Bed = 50 m2

2 Bed = 70 m2

3 Bed = 90 m2

Add 5m2 for each additional bathroom (above 1)

Add 12m2 for each additional bedroom

Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room.

Yes All units have internal areas in excess of the minimum ADG requirements. In this regard, the proposed units sizes and layout are acceptable. The Applicant states the proposal achieves compliance with the minimum glazed area to each habitable room. All bedrooms meet the minimum requirements in terms of dimensions and area. All kitchens are separate to the circulation spaces. All robes are a minimum of 1.5m. The proposal is consistent with the objectives of this part of the ADG.

4E Private open space and balconies

All apartments provide primary balcony as follows: 1-bed – 8m2 & 2m depth 2-bed - 10m2 & 2m depth 3+bed - 12m2 & 2.4m

depth Ground level, min 15m2 &

3m depth

Yes

100% of the units are provided with a balcony or courtyard accessed from the main living areas that meets the minimum requirements of the ADG in terms of area and depth. The balconies and courtyards are accessed from the main living area and face east and west. The design of the balconies and courtyards is integrated into, and contributes to, the architectural form and detail of the building. The finishes of the balconies is consistent with the contemporary palette of materials in the building overall. Screens or solid side walls are provided to enhance privacy.

4F Common circulation and spaces

Max of 8 units accessed off a circulation core on a single level

Yes

Four units are accessed from the lobby on each level. The lobby is provided with daylight through a large obscure glass skylight from roof to ground level. The corridor length is limited in depth and length due to the narrow width of the site and the orientation of the building.

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4G Storage

In addition to kitchens, bathrooms and bedrooms, the following is provided: 1-bed – 6m3 2-bed – 8m3 3+bed – 10m3

Yes

The proposal provides separate storage within each apartment and a storage cage allocated to each parking space. The storage provided meets the requirements and objectives of the ADG.

The following is a detailed discussion of the issues identified in the compliance table above in relation to the SEPP 65 ADG. Visual privacy Objective 3F-1 of the ADG relating to visual privacy is that ‘adequate building separation distances are shared equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy’. The minimum separation distances required are to achieve visual privacy for the development and surrounding properties. Visual privacy to adjoining properties is maintained through the use of planting and fencing at the ground level. At the upper levels the main living area windows and balconies are orientated toward the front and the rear. The separation distance from the rear boundary, at 16.385m, is more than adequate to ensure privacy impacts upon dwellings at the rear are not unreasonable. Windows on side elevations are predominantly to rooms of low use (bedrooms, bathrooms) where privacy impacts are low. It is also noted that the side windows are of narrow width and where to rooms with high privacy impacts (ie, living rooms, kitchens) are screened with a combination of hoods and vertical screens or offset from windows on neighbouring properties reducing views in and out from oblique angles. Balconies are located on the front and rear elevations with predominantly solid side boundary walls to restrict overlooking to adjoining properties on both sides. There are balconies where privacy screening is provided on side elevations however these do not extend to the rear boundary of the balcony. Although not opposite windows on neighbouring buildings, this may enable overlooking of the rear yards of these adjoining properties. In this regard, a condition is recommended to ensure that the privacy screen extends for the full width of each balcony (refer to Appendix A). Given the above analysis, it is considered that the proposal will not have unreasonable privacy impacts upon surrounding properties or between units within the development itself and the separation distances as proposed are acceptable. The proposal is considered to be consistent with SEPP 65 and the ADG and is supported.

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2.1.4 Waverley Local Environmental Plan 2012 (Waverley LEP 2012) The relevant matters to be considered under the Waverley LEP 2012 for the proposed development are outlined below: Table 3: Waverley LEP 2012 Compliance Table

Provision Compliance Comment

Part 1 Preliminary

1.2 Aims of plan Yes

The proposal is consistent with the aims of the LEP.

Part 2 Permitted or prohibited development

2.6 Subdivision – consent requirements Yes

The proposal includes the strata subdivision of the development which is permitted.

Land Use Table R3 Medium Density Residential Zone

Yes

The proposal is defined as residential flat building, which is permitted with consent in the R3 zone. The proposal is consistent with the objectives of the zone.

Part 4 Principal development standards

4.3 Height of buildings 12.5m Yes

The proposal has a maximum height of 12.5m complying with the height development standard.

4.4 Floor space ratio and 4.4A Exceptions to floor space

ratio 4.4B Incentives for providing

affordable rental housing 09:1

Yes

The proposal has an FSR of 0.9:1 complying with the FSR development standard.

Part 5 Miscellaneous provisions

5.9 Preservation of trees or vegetation

Yes

The proposal includes removal of several trees from the site and as such, an Arborist Report was provided. Council’s Tree Management Officer has provided comment on the Arborist Report and has consented to the removal of these trees. Conditions have been provided in regards to tree protection for the trees to be retained on site and those on adjoining sites. A landscape plan was also provided indicating a number of new trees are also to be provided as part of the proposed development.

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5.10 Heritage conservation

Yes

The site is not heritage listed or within a conservation area. However No. 69 Penkivil Street adjoins a heritage listed building at the rear, No. 96 Anglesea Street (Item I3), a Victorian Federation House. The proposal is set well back from the property at the rear being over 16m from the rear boundary. The proposed development is not located within the same street as the heritage item and will not affect the streetscape appearance of this building. The proposal will not harm the significance of Item No. I3. It is noted that the sites were previously listed as heritage items however they have since been removed from the LEP. A condition regarding archival recording of the building prior to demolition is included in Appendix A upon recommendation from Council’s Heritage Architect.

Part 6 Additional local provisions

6.2 Earthworks

Yes

The proposal includes excavation to provide basement parking. All standard conditions in regards to the excavation are included in Appendix A.

2.1.5 Waverley Development Control Plan 2012 - Amendment No 3 (Waverley DCP 2012)

The relevant matters to be considered under the Waverley DCP 2012 for the proposed development are outlined below: Table 4: Waverley DCP 2012 – Part B General Provisions Compliance Table

Development Control Compliance Comment

1. Waste

Yes

The proposal provides a waste storage room within the basement car park for the storage of 12 bins. Access to Penkivil Street for collection is via the ramped driveway or the lift to the ground floor level. The basement car park also provides an area for the storage of bulky waste. The proposal is consistent with the objectives of this part of the DCP.

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2. Energy and water conservation

Yes

A BASIX Certificate was provided with the application. Appropriate openings are provided on all elevations for adequate cross ventilation and solar access for all units. Shading is provided to the western and eastern elevation windows. The proposal is consistent with the objectives and controls within this part of the DCP.

5. Tree preservation Yes Refer to discussion in Table 2.

6. Stormwater

Yes (condition)

The application was referred to Council’s Stormwater Engineer who advised that the stormwater plans were unsatisfactory. In this regard, a condition regarding stormwater disposal is included within Appendix A of this report.

7. Accessibility and adaptability

10-15 units – 1 adaptable

unit 1 accessible car space per

adaptable unit Yes

The proposal provides a central lift core with access to the front door of each unit. The attic level does not have lift access as this level is associated with a unit on the level below. The proposal provides an adaptable unit (Unit 1.02) and an accessible car space. An Accessibility Report was also provided with the application. Appropriate conditions of consent are included in Appendix A.

8. Transport Parking Zone B Residential parking: Minimum: 10 spaces Maximum: 20 spaces Visitor parking: 0 for first 12 units Bicycle parking: 12 residential, 2 visitor Loading spaces: 0 Motorcycle parking : 3 spaces

Yes

Based on the number of units within the development, the DCP requires a minimum of 10 parking spaces and a maximum of 20. The proposal provides 17 spaces complying with the DCP control. The proposal provides bicycle lockers as part of the storage cages within the basement car park, which will be conditioned to ensure sufficient space is provided for both storage (to meet DCP controls) and bicycle. An additional four visitors bicycle racks are provided within the basement also, adjacent to the ramped driveway. No loading spaces or motorbike spaces are provided, however given the small scale of the development and size of the car park, this is considered appropriate for no loading space,

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however a condition shall be imposed for the provision of 3 motorcycle parking spaces. No visitor car spaces are provided, compliant with the DCP for the number of units. The proposal is consistent with the objectives and controls within this part of the DCP.

9. Heritage Yes Refer to discussion in Table 2.

10. Safety

Yes

The proposal maximises casual surveillance of Penkivil Street orientating living room windows and balconies toward the street. The pedestrian pathway to the entry to the building on the southern elevation is overlooked by surrounding properties and is clear and legible. The front fence is low to allow sightlines into, and out of, the property further enhancing casual surveillance of the site. The proposal is consistent with the objectives and controls within this part of the DCP.

Table 5: Waverley DCP 2012 – Part C2 Multi Unit and Multi Dwelling Housing Compliance Table


2.1 Special character areas

Bondi Heights Special Character Area

Yes The proposal is consistent with the desired future character in that the proposal includes extensive landscaping to enhance the landscape character of the site. The front and rear setbacks provide appropriate areas for planting and vegetation. The proposal includes a low front boundary wall to allow views into the landscaped front setback and to contribute to the landscape quality of the street. The proposal is consistent with the objectives of this part of the DCP and the desired future character of the area.

2.2 Site, scale and frontage

Maximum FSR: 0.9:1

Minimum frontage: 15m

Yes

Yes

The proposal has an FSR of 0.9:1. The frontage of the combined sites is 20.27m.

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The proposal is consistent with the objectives of this part of the DCP.

2.3 Height

Maximum height: 12.5m Maximum external wall

height: 9.5m

Yes

Yes

The maximum height of the proposal is 12.5m. The wall height of the proposal does not exceed 9.5m. The proposal provides an attic level in a modern pitched roof form. The proposed attic complies with the DCP in that the floor area does not exceed 50% of the floor area of the floor below and it does not contain independent dwellings. The proposal is consistent with the objectives of this part of the DCP.

2.4 Excavation No fill to raise levels Minimum setback of

1.5m from side boundaries

Under building footprint except main access ramp

Basements no more than 1.2m out of the ground

Geotechnical report required when > 3m in depth or 25% slope

No

Yes

No

Yes

Condition

The proposal includes only a small amount of fill within the front setback to level the front landscaped area. This is considered acceptable and will not result in unreasonable impacts upon surrounding properties. The basement parking area will be set back a minimum of 2m from the side boundaries and contained below the ground level. The proposed basement will extend a further 9m beyond the footprint of the building at the rear however will still be 7m from the rear boundary. Sufficient area will be retained at the rear for deep soil landscaping to provide a buffer between the building and the properties at the rear. At the rear of the basement, the excavation will exceed 3m in depth. A condition will require that a Geotechnical Report is submitted in this regard.

2.5 Setbacks

2.5.1 Street setbacks Consistent street setback

Yes

The front setback is consistent with the front setback of the existing buildings on the site and both adjoining properties.

2.5.2 Side and rear setbacks Minimum side setback:

4.5m Minimum rear setback:

6m Deep soil along side

boundary min 2m wide

Yes

Yes

Yes

The side setbacks are 4.5m. The rear setback is 16.385m.

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Each side setback is 2m with both sides providing deep soils zones (ie, not over the basement).

2.6 Length and depth of buildings

Maximum building length along the street: 24m

Maximum unit depth: 18m

Maximum depth of single aspect unit: 8m

Yes

Yes

N/A

The building length along Penkivil Street is 11.5m. The maximum unit depth is 15m. The proposed development contains no single aspect units.

2.8 Building design and streetscape

Respond to streetscape Sympathetic external

finishes

Yes Yes

The proposed building is located between two 4-storey buildings of similar bulk, height and scale and would fit well into its context. A schedule of external finishes was provided indicating that the finishes will be comprised of contemporary materials including metal and timber cladding to the upper levels and white subway style tiling at the ground floor level. The finishes are consistent with more recent contemporary development on Penkivil Street and are characteristic of the emerging character of the street. The majority of residential flat buildings within the street are older style flats with simple masonry forms. The more recent development in Penkivil Street introduces modern finishes such as metal and timber cladding and panelling with lightweight balustrades. The subject proposal is not dissimilar to surrounding recent development and will contribute to the emerging character of the street.

2.9 Fences and walls

Front fence:

Maximum height 1.2m Maximum 2/3 solid

Side fence:

Maximum height: 1.8m Rear fence:

Maximum height: 1.8m

Yes No

Yes

Yes

The proposal provides a low solid wall on the front boundary of the site, not exceeding 1.2m in height. Although entirely solid, the front wall, being low set, allowing views into and out of the site and allowing the landscaping to contribute to the streetscape, is considered appropriate. All other boundary fencing is standard 1.8m high.

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All other boundary fencing is standard 1.8m high.

2.10 Vehicular access and parking

Integrated into the design

Secondary to pedestrian entrance

Maximum of 1 x 2-way

driveway From rear or side where

possible

Pedestrian safety

Yes

Yes

Yes

Yes

Yes

The parking is provided within a basement car park. The pedestrian entry to the site is provided along the southern boundary to the entryway which is central to the building. A portico structure, signifying the pedestrian entry, will be provided aligning with the front setback of the building. The vehicular entry is adjacent to the pedestrian entry and clearly separated. A single width driveway from Penkivil Street has been provided. It is not possible to provide vehicular entry from any other boundary, except the front. The pedestrian entry is separated from the vehicular entry. Vehicles are able to enter and exit the site in a forward direction and all structures forward of the front building line are low allowing sightlines from the driveway to pedestrians on the footpath.

2.11 Pedestrian access and entry Entry at street level Accessible entry Legible, safe, well-lit

Yes Yes Yes

Pedestrian entry is provided via a pathway along the southern boundary of the site from Penkivil Street. The pedestrian pathway is ramped to allow accessible entry. The pedestrian pathway is overlooked by surrounding properties and is clear and legible.

2.12 Landscaping

Minimum of 30% of site area landscaped: 362m2

50% of the above is to be

deep soil: 181m2

Yes

Yes

The proposal provides 362m2 or 30% of the site as landscaped area. 63% of the landscaped area is deep soil.

2.13 Communal open space

Minimum 15% communal (R3 zone): 181m2

Minimum dimensions:

6m x 6m

Minimum of 30% of communal area must

Yes

Yes

Yes

The proposal provides 182m2 or 15% communal area on site. The rear communal area has dimensions of 6.9m x 19.6m. The rear communal space will be provided with adequate solar access given the orientation of the site.

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receive three hours of sunlight

Accessible

Yes

An accessible path from the entry lobby to the communal space is provided along the southern elevation.

2.15 Solar access and overshadowing

Minimum of three hours of sunlight to a minimum of 70% of units during winter solstice

Adjoining properties to retain minimum of three hours of sunlight during winter solstice

Refer to Table 2 (ADG)

Yes

The DCP controls as they relate to solar access to the development itself are of no effect as the ADG applies. Shadow diagrams in plan and elevation were provided with the application. These diagrams indicate that there will be additional shadows cast upon the adjoining southern property. Overshadowing of the adjoining site is not unexpected given that the property is due south of the subject site. Any compliant development would result in overshadowing of the adjoining southern site so therefore the test becomes whether the development is a reasonable expectation for the site. The proposal complies with the development standards of the LEP (height and FSR) and the built form controls of the DCP and the ADG of SEPP 65. A residential flat building within the controls is not an unreasonable expectation for this site. Notwithstanding, the proposal has been designed to ameliorate overshadowing impacts upon the neighbouring site by way of a pitched roof form and appropriate side setbacks. Accordingly the overshadowing impacts of the development are not considered unreasonable.

2.16 Views and view sharing

Minimise view loss

Yes The proposal is unlikely to result in loss of significant views. Notwithstanding, and noting the Planning Principles for View Sharing, the proposal is largely compliant with all relevant controls (LEP and ADG of SEPP 65) especially in terms of the built form controls. In this regard, it is considered that the proposal will not result in unreasonable impacts upon potential significant views from surrounding properties.

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2.17 Visual privacy and security

Prevent overlooking of more than 50% of private open space of lower level dwellings in same development

Minimise overlooking of adjoining properties

Yes

Refer to Table 2 (ADG)

Within the development itself, balconies are positioned directly above and beneath each other with the same depth which inhibits views between balconies. The ground floor units have additional courtyard areas which will be overlooked by the units at the upper level however, where the balconies overhang the courtyard, privacy is achieved. In this regard, each unit will have a similar area of private open space which is not overlooked by adjoining units within the development.

2.21 Attic and roof design

Minimum room width: 3m

Minimum floor to ceiling height: 2.4m

Should occur within the

main roof form Must be connected to

unit below

Yes

Yes

Yes

Yes

Minimum room width = 4.25m

The ceiling heights range from 2.2m – 3.5m. The majority of each room will have ceiling heights greater than 2.4m which is considered satisfactory. The attic rooms are located within the roof form. All rooms within the attic are connected to a unit on the level below.

2.22 Acoustic privacy

Internal amenity by locating noisy areas away from quiet areas

Yes All units have similar floor plans with similarly used rooms being located above and below the same rooms in other units. Noise from the use of a residential property as a dwelling within a residential zone is not unrealistic or unreasonable. Normal use of a residential property will generate residential noise which is considered acceptable. The proposal is for residential units within a medium density zone. The use is not unlike the use of surrounding properties. The proposal has been designed to concentrate activity at the front and rear of the site with minimal openings on side elevations. This will ensure that noise transference between the subject development and surrounding sites is not unreasonable.

2.24 Building services

Services occupying up to 20% of the roof may project above building envelope

N/A There are no services located on the roof.

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Must have a minimum of 2m setback from the building edge

2.2 Section 79C(1)(b) – Other Impacts of the Development The proposed development is capable of complying with the BCA. It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.

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

2.4 Section 79C(1)(d) – Any Submissions The application was notified for 21 days and a site notice erected on the site, in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development. Four submissions were received. The issues raised in the submissions are summarised and discussed below. Table 6: Summary of property addresses that lodged a submission

Property

65 Penkivil Street, Bondi

70 Anglesea Street, Bondi



Issues: Privacy Response: This issue has been discussed in detail previously in this report. Issue: Rear setback. Response: The ADG requires a separation distance of 9m from the rear boundary and the DCP requires a minimum of 6m. The proposal provides a 16m setback from the rear boundary well in excess of both applicable controls. No further amendment in this regard is warranted. Issue: Overshadowing and solar access Response: The majority of objections were received from dwellings located to the rear of the site (west) fronting Anglesea Street. According to the shadow diagrams provided with the application, the proposal will not overshadow these properties between 9am and 3pm on the winter solstice as the majority of additional shadows will fall onto the property to the south of the site at No. 71 Penkivil Street (this impact has been discussed in detail previously in this report).

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Issue: Excavation and building may impact upon structures on adjoining sites. Response: Appropriate conditions are included within Appendix A including the requirement for a dilapidation report for surrounding properties. Damage to surrounding properties due to construction is a civil matter between the property owners. Issue: Details of the trees to planted on the rear boundary should be provided and they should be advanced species (at least 5m tall) when planted, be an evergreen species with a mature height of 12m for privacy. Response: It is noted that advanced trees that grow to an advanced height to be planted on the rear (western) boundary of the site was requested by an objector that had also raised the issue of loss of eastern sun. The planting of very tall evergreen trees along the rear boundary will result in significant overshadowing of the properties at the rear. A detailed landscape plan was provided with the application indicating the tree species, pot sizes at planting and mature heights. The trees along the rear boundary will be planted between three large trees (both proposed and retained) and include species that grow to 2 and 3 metres with low growing plants and shrubs between. All of these are under the canopy of the three larger trees along the rear boundary. It is acknowledged that trees to a height of 2-3m may not improve privacy between the subject site and those at the rear, however 12m high species will result in quite significant overshadowing. Given the presence of existing large trees between these properties and the site and the planting of a 12m high species of tree in the north-eastern rear corner, further trees with a minimum mature height of 5m may be more appropriate for privacy and reduced overshadowing. This also enables these trees to be covered by Council’s Tree Preservation Order (TPO) ensuring any pruning or removal at a later date is subject to consent under the TPO. A condition requiring that the landscape plan is amended to include a buffer along the rear boundary is included in Appendix A. Issue: We will incur expense employing a landscape gardener to ensure our privacy – the developer should contribute to this cost. Response: This is not a matter for Council. Issue: The houses were previously heritage listed and registered with the National Trust. Response: The property is no longer heritage listed. A condition will require archival recording of the building prior to demolition. Issue: Insufficient notification given the time of year the application was notified (December 2015). Response: The application was notified for 21 days consistent with the requirements of DCP 2012 (in lieu of standard 14day period outside of Christmas period). Issue: Insufficient parking, including visitor parking spaces, provided. Response: The parking provided complies with the controls of the DCP. The DCP does not require any visitor parking for a development with 12 units.

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Issue: No work to be carried out on Saturdays, the Jewish Sabbath. Response: Council’s standard construction hours permit work on Saturdays from 8am to 3pm. No work is permitted on Sundays or public holidays. These hours are applied across the entire Local Government Area and are not varied to ensure fair and equitable hours for all construction sites. Restricting construction hours will only result in longer build periods impacting all surrounding residents for longer.

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

3. REFERRALS

3.1 Driveways – Creating Waverley Conditions were provided which are included in Appendix A of this report.

3.2 Stormwater – Creating Waverley The stormwater plans were considered unsatisfactory. A condition is included at Appendix A in this regard to ensure compliance.

3.3 GIS and ePlanning – Waverley Digital Conditions were provided which are included in Appendix A of this report.

3.4 Sustainable Waste – Sustainable Waverley Conditions were provided which are included in Appendix A of this report.

3.5 Tree Management – Clean and Attractive Waverley Conditions were provided which are included in Appendix A of this report.

4. SUMMARY The proposal seeks consent to demolish the existing structures on the site and construct a four-storey residential flat building with a basement car park. The proposal will provide a total of 12 units comprised of 3 x 1-bedroom units, 4 x 2-bedroom units, and 5 x 3-bedroom units. Each unit will be provided with private open space in the form of a balcony or courtyard for those at the ground level. The site also provides a large area of communal open space along the rear boundary of the site. The proposal has been designed to be largely compliant with the State Environmental Planning Policy 65 (Design Quality of Residential Apartment Development), LEP 2012 and DCP 2012. The proposal provides a well designed contemporary building which fits within the context of the street.

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During public notification a total of four submissions were received objecting to the proposed development. The issues raised by objectors do not warrant refusal of the application, though conditions to be imposed will partially resolve some concerns raised. The application is recommended for approval.

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

Report prepared by:

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

Kylie Lucas Senior Development Assessment Planner

Angela Rossi Manager, Development Assessment (Central)

Date: 5 May 2016 Date: 16 May 2016

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APPENDIX A – CONDITIONS OF CONSENT

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan Nos D10_A – D16_A (inclusive), and DA20_A – DA25_A (inclusive), tables and

documentation prepared by MHNDUNION, dated 20.11.15, and received by Council on date 20 November 2015,

(b) Landscape Plan No. 5144-01 Issue C and documentation prepared by Peter Glass and Associates,

dated 13/11/15, and received by Council on 20 November 2015; (c) BASIX Certificate; (d) Arboricultural Impact Assessment Report prepared by Earthscape Horticultural Services dated

November 2015 and received by Council on 20 November 2015;

(e) Accessibility Report prepared by ABE Consulting dated 18 November 2015 and received by Council on 20 November 2015;

(f) Schedule of external finishes and colours received by Council on 20 November 2015;

(g) Draft Strata Subdivision Plan Sheets 1-6 Issue A drawn by Eric Scerri dated 13-11-15 and received

by Council on 20 November 2015; and (h) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the

SWRMP Checklist of Part B, Waverley DCP 2012. Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS – ARCHITECTURAL DESIGN RESOLUTION The plans are to be amended as follows and additional information submitted:

(a) Privacy screening, to a height of at least 1800mm from finished floor level, must be provided to all side boundaries of all balconies where there are no solid walls proposed. The screening must extend for the full depth of each balcony and shall be fixed so that views into adjoining properties are inhibited.

(b) Ceiling fans (to be shown on the drawings) should be provided in all habitable rooms. (c) Large scale part elevations/part sections will need to be provided, detailing the intended façade

design, providing indicative construction details and representing proposed materials and colours. In this regard, 1:50 scale sections and elevations of the facades are required.

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

3. FENCING

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The plans are to be amended as follows:

(a) Boundary fencing along the north and south side boundaries shall be limited to a height of 1800mm (measured above existing ground level) extending from the front building line to the rear of the site. The boundary fencing along either side of the site, between the front building line and front fence of the site, shall taper from 1800mm down to 1200mm at front boundary.

(b) Rear (western) boundary fencing shall be limited to a height of 1800mm above existing ground level.

(c) The front fencing shall be limited in height to 1200mm above existing ground level. The section of front fence above 1000mm shall be of an open design (minimum 50% open).

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

4. TREE PRUNING ON ADJOINING PROPERTIES Any pruning of trees on adjoining properties required for the erection of scaffolding and/or the construction of the building will require consent under a separate Tree Preservation Order (TPO) application for works to the trees. No works can occur to these trees without a valid TPO. The TPO application shall be supported by an Arborist report prepared by an Arborist with AQF level 5 qualification or above, certifying that the affected trees will be maintained in a healthy manner after the pruning works, to the satisfaction of Council’s Tree Management Officer. A valid TPO for the works to the trees is to be presented to the Certifying Authority prior to the issue of the relevant Construction Certificate and prior to any pruning of trees.

5. AMENDED LANDSCAPE PLAN The Landscape Plan is to be amended by the following changes:

(a) A landscape buffer is to be provided along the western (rear) boundary of the site so as to screen/reduce the visual impact of the development upon properties at the rear on Anglesea Street. Trees to the planted should be evergreen trees with a minimum mature growth height of 5m.

(b) Provision for a street tree and tree pit at the front of the site on Penkivil Street with specifications and tree species to be approved by Council.

The amended landscape plan is to be submitted to the Council for approval prior to the issue of a Construction Certificate.

6. PUBLIC DOMAIN WORKS The following public domain works, required by virtue of the scale of the development, are to be provided at the applicant’s expense:

(a) Upgrade of pavement, kerb and guttering to entire frontage of Penkivil Street,

including the closure of all redundant vehicle crossings. (b) Provision on 1 tree pit and the planting of 1 street tree in this pit, along the frontage of

Penkivil Street.

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Details of the works set out above are to be submitted and approved by Waverley Council’s Director, Waverley Futures regarding the proposed works to Council’s footpath prior to the commencement of works. In this regard, the following additional requirements shall apply:

(i) All works to the footpath/roadway surrounding the site are to be upgraded in

accordance with Council’s Public Domain Improvements Plan. The detailed design and configuration of all works shall be to the satisfaction of Council’s Director, Waverley Futures.

(ii) All pavement treatments and location of tree pits to be approved by Council. (iii) The tree pit size, planting species and location are to be approved by Council.

7. APPROVED DESIGN - RESIDENTIAL FLAT DEVELOPMENT

The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the internal layout or external appearance of the building, without the approval of Council.

8. ARCHITECT TO SUPERVISE DESIGN The preparation of the Construction Certificate plans shall be supervised and be to the satisfaction of a qualified designer in accordance with the requirements of State Environmental Planning Policy No. 65 - Design Quality of Residential Flats.

9. INSTALLATION OF AIR CONDITIONING Any air conditioning unit(s) installed within the building shall: (a) Be located a minimum of 1.5 metres from a boundary. (b) Be located behind the front building line and if visible suitable screened and located in an

appropriate location. (c) Not be adjacent to neighbouring bedroom windows. (d) Not reduce the structural integrity of the building. (e) Not emit noise that is audible within a habitable room in any other residential property

(regardless of whether any door or window to that room is open): (i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or (ii) before 7.00am and after 10.00pm on any other day. (f) Not provide noise emissions that exceed 5dBA above the ambient background noise level

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

10. USE OF COMMON PROPERTY No exclusive use of common property (other than for approved storage) shall occur without the prior consent of Council.

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11. NOISE FROM BUILDING WORKS - RESTRICTED ACTIVITIES

Where there is a strong community reaction to noise associated with demolition, excavation and/or construction, Council may require respite periods by restricting the hours that the specific noisy activity can occur. Notes: If this is imposed, Council will take into account: 1. Times identified by the community when they are less sensitive to noise 2. If the community is prepared to accept a longer period of construction in exchange for

restrictions on construction times.

12. NOISE - MECHANICAL PLANT Noise associated with mechanical plant shall not give rise to any one or more of the following:

(a) Transmission of "offensive noise" as defined in the Protection of the Environment

Operations Act 1997 to any place of different occupancy. (b) A sound pressure level at any affected property that exceeds the background (LA90, 15

minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use. The source noise level must be assessed as a LAeq, 15 minute.

(c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant

associated with the premises must not be audible in any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

(d) A Certificate is to be submitted at the completion of all work and prior to the issue of

an Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment complies with the terms of approval in relation to noise.

13. NOISE EMISSIONS

The use of the premises shall not give rise to:

(a) Transmission of "Offensive noise" as defined in the Protection of the Environment

Operations Act 1997 to any place of different occupancy;

(b) A sound pressure level at any affected premises that exceeds the background (LA90) noise level in the absence of the noise under consideration by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use in accordance with Australian Standard 1055.

14. DOMESTIC HEATERS

The provision of solid fuel heating/cooking appliances is prohibited.

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15. TELECOMMUNICATION FACILITIES ON MULTI-UNIT DWELLINGS Telecommunication facilities on new multi-unit dwellings are opposed. The Owners' Corporation is prohibited from entering into leasing agreements with telecommunication companies to erect or install any commercial telecommunication device (other than for the explicit use of the occupants) on the building.

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B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

16. SECTION 94A CONTRIBUTION

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

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

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

paid to Council in accordance with this condition or that the cost of works is less than $100,000. (c) Should a section 96 modification result in any change to the total cost of the work, the Section 94A

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

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

development.

17. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $50,000 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work. This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

18. LONG SERVICE LEVY

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

19. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of the

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

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

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

Construction Certificate and to be the Principle Certifying Authority.

20. HOARDING Hoarding designed and constructed in accordance with the requirements of the Work Cover Authority is to be erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings are to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

21. ESSENTIAL SERVICES - NEW BUILDING Details of the proposed essential fire safety measures/services shall be submitted to Council with the application for a Construction Certificate or be attached to the Construction Certificate, including a certificate, prepared by a person competent to do so, setting out the: (a) basis of design; (b) standard to which the system is to be installed; and (c) all relevant documentation, including all drawings such as wiring diagrams, duct layouts, hydraulic

schematics etc and calculations shall be submitted for Council's records. At the completion of the installation, certification containing the following information shall be attached to the application for an Occupation Certificate or to the Occupation Certificate: (a) inspection, testing and commissioning details; (b) date of inspection, testing and commissioning;

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(c) the name and address of the individual who carried out the test; and (d) a statement that the service has been designed, installed and is capable of operating to the above

standard.

22. ARCHITECT TO SUPERVISE DESIGN - CONSTRUCTION CERTIFICATE DOCUMENTATION The preparation of the Construction Certificate plans shall be supervised and be to the satisfaction of a qualified designer in accordance with the requirements of State Environmental Planning Policy No. 65 - Design Quality of Residential Flats.

In accordance with clause 143a of the Environmental Planning and Assessment Regulations 2000, the Principal Certifying Authority must not issue a construction certificate unless it has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the plans and specifications achieve or improve the design quality of the development for which development consent was granted.

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

24. GEOTECHNICAL ENGINEERS REPORT A geotechnical report, regarding the stability of the subject site and stating that damage should not

occur to any adjoining premises as a result of the proposed bulk excavation, driven type piles and shoring works, is to be submitted to the Principal Certifying Authority, Council and the owners of adjoining premises. The report is to be submitted prior to the issue of a Construction Certificate and commencement of any such works on the site.

25. ENGINEERING DETAILS

Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.

26. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate. Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.

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27. SERVICE AUTHORITIES The applicant is to seek approval from Sydney Water regarding any possible modification to the service

authorities infrastructure prior to the issue of a Construction Certificate. 28. ENERGY AUSTRALIA

The applicant to confer with Energy Australia to obtain that authority's needs for the provision and location of a kiosk type distribution centre on the subject land, and if deemed necessary, the applicant to make available land to that Authority for the siting of such kiosk/sub-station. Documentary evidence of compliance is to be provided to the satisfaction of the Principle Certifying Authority prior to the issue of the Construction Certificate.

29. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part B1, Waverley DCP 2012 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

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

31. STORMWATER MANAGEMENT

(a) The Stormwater plans by itm design, Job No. 15/123, Drawing No. H-DA-00, H-DA-01 and H-DA-02 (3 Sheets), dated 17 November 2015, have been checked and are not satisfactory with respect to the stormwater details. The drawings do not comply with the Waverley Development Control Plan 2012 and the Waverley Council Water Management Technical Manual with respect to:

i. Stormwater disposal system to be connected to the council’s below ground drainage system as the site discharge is more than 25 l/s. The connection details are also required as per clause 2.2.1, Waverley Council’s Water Management Technical Manual 2014.

ii. Details of proposed pit are required. The proposed gully pit to be constructed as per Council STD drawing D1 (drawing available on request to Council’s Stormwater Engineer).

iii. An engineering design of the proposed stormwater lines is required including a Hydraulic Grade Line (HGL) analysis of pipes from OSD tank to new proposed pit, new proposed pit to existing Council’s Stormwater Drainage pit (#39309). The long section

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information is to include existing services crossing, existing surface levels, pipe invert and obvert levels.

iv. A plan for reinstatement work of the footpath, nature strip, road and Kerb & Gutter is required as per council standard drawings R1 & D8 is required (drawing available on request to Council’s Stormwater Engineer).

v. Details of backfilling and road restoration works is required as per Waverley Council’s Standard Drawing D7 (drawing available on request to Council’s Stormwater Engineer).

vi. Contractor to apply for relevant Footpath and Road Opening Permit prior to commencement of drainage works.

(b) Amended details addressing clause (a) are to be submitted and approved by Council’s

Executive Manager, Creating Waverley demonstrating compliance, prior to the issue of a Construction Certificate.

(c) Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2012 - Part B prior to the issue of a Construction Certificate.

32. NOISE ATTENUATION IN RESIDENTIAL FLAT BUILDINGS

Noise attenuation is to be achieved in all residential units within the building by a minimum of the following standards: (a) A wall shall have a Field Sound Transmission Class (FSTC) of not less than 50 if it separates sole

occupancy units or a sole occupancy unit from a stairway, public corridor, hallway or the like; (b) A wall separating a bathroom, sanitary compartment, laundry or kitchen in one sole occupancy unit

from a habitable room (other than a kitchen) in an adjoining unit shall have a FSTC of not less than 55;

(c) A wall or floor shall have a FSTC of not less than 55 if it separates a sole occupancy unit from a plant room;

(d) A floor separating sole occupancy units must not have a FSTC of less than 50; and (e) A floor separating a bathroom, sanitary compartment, laundry or kitchen in one sole occupancy

unit from a habitable room (other than a kitchen) in an adjoining unit shall have an Impact Isolation Class of not less than 55.

Details are to be provided on the plans to the satisfaction of the Principal Certifying Authority prior to the issue of the Construction Certificate.

33. NOISE MANAGEMENT PLAN - DEMOLITION, EXCAVATION AND CONSTRUCTION

A site specific noise management plan must be submitted to the Council for approval and comment prior to the issue of a construction certificate and complied with during any building works. The plan must be prepared by a suitably qualified person who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants. The plan must include but not be limited to the following:-

(a) Confirmation of the level of community consultation that has and will be undertaken

with Building Managers/occupiers/residents of noise sensitive properties likely to be

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affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases.

(b) Confirmation of noise methodology that is to be undertaken during the main stages of

work at neighbouring noise sensitive properties in order to keep complaints to a minimum and to ensure that noise from site works complies with Council's noise criteria.

(c) What course of action will be undertaken following receipt of a complaint concerning

site noise emissions? (d) Details of any noise mitigation measures that have been outlined by an acoustic engineer

or otherwise that will be deployed on site to reduce noise impacts on the occupiers of neighbouring property to a minimum.

(e) What plant and equipment is to be used on site, the level of sound mitigation measures

to be undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on the occupiers of neighbouring property and other less intrusive technologies available.

34. BASIX

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

35. USE OF RENEWABLE TIMBERS Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.

36. CONSTRUCTION VEHICLE AND PEDESTRIAN PLAN OF MANAGEMENT

Prior to the issue of a Construction Certificate, the applicant is to submit a “Construction Vehicle and Pedestrian Plan of Management” (CVPPM) for the approval of the Executive Manager, Creating Waverley

The CVPPM shall provide details of the following:

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a) The proposed route to be taken by demolition/construction vehicles in the Waverley

Council area when accessing and exiting the site. b) The type and size of demolition/construction vehicles. Trucks with dog trailers and semi

trailers may not be approved for use if it is considered with the information submitted that such vehicles cannot adequately and safely gain access to and from the site or where access into or out of the site may not be not possible without the need to remove an unsatisfactory number of vehicles parked on the roadway adjacent to or opposite the site.

c) The location of truck holding areas remote from the site should Council not give approval for demolition/construction vehicles to stand on the roadway in the vicinity of the site.

d) Traffic control measures to be put in place when trucks, manoeuvring in the vicinity of the site, will interfere with the free flow of traffic.

e) The location and materials of construction of temporary driveways providing access into and out of the site.

f) The location and length of any proposed Works/Construction Zones. Note: such zones require the approval of the Waverley Traffic Committee and Council prior to installation.

g) The hours of operation of demolition/construction vehicles. h) The number of and where it is proposed to park light vehicles associated with

staff/employees/contractors working on the site. i) How it is proposed to cater for the safe passage of pedestrians past the site. The details

shall include: i. The route required to be taken by pedestrians including signage and any other

control measures that will need to be put in place to direct and keep pedestrians on the required route

ii. Any obstructions such as street furniture, trees and bollards etc., that may interfere with the safe passage of pedestrians

iii. The type(s) of material on which pedestrians will be required to walk iv. The width of the pathway on the route v. The location and type of proposed hoardings

vi. The location of existing street lighting

37. LONG SECTION OF DRIVEWAY

Long sections drawn along both edges of the driveway shall be submitted to Council for the approval of the Executive Manager, Creating Waverley prior to issue of the Construction Certificate. The long section drawings shall: (a) Be drawn at a scale of 1:25 (b) Include reduced levels (RL’s) of the Penkivil carriageway, the kerb and gutter, footpath and paving

within the property and the basement car park floor. (c) Include existing and design levels. (d) Include ground clearance of the B85 design vehicle using the ground clearance template contained

in Appendix C of AS 2890.1: 2004 Off Street Car Parking.

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

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39. VEHICLE ACCESS RAMP

Widths, radii, gradients and gradient changes on the vehicular access ramp being in accordance with Australian Standard 2890.1 Parking Facilities - Off Street Car Parking. Details of the geometric design and proposed levels of the access ramp between the layback and the basement car park being submitted to Council for the approval of the Executive Manager, Creating Waverley prior to the issue of the Construction Certificate.

40. VEHICULAR ACCESS CONTROL SYSTEM

An electronically operated vehicular access control system shall be provided on the access ramp in order to minimise the incidence of more than one vehicle being on the ramp at any one time and to give priority to those entering the car park. Details are to be shown on the plans prior to the issue of the Construction Certificate.

41. BICYCLE PARKING A total of 16 (minimum) bicycle parking spaces are to be provided, allocated in the following manner:

(a) 12 residential bicycle spaces; (b) 4 visitor bicycle space (minimum 2 located at the ground floor level);

Such spaces are to be provided by way of a secure lockable area, individual lockers or suitable bicycle racks and are to be located within the ground floor foyer or adjacent within any forecourt or within the basement car parking area.

Details are to be submitted to the Principal Certifying Authority prior to the issue of the relevant Construction Certificate.

42. MOTORCYCLE PARKING A total of 3 motorcycle spaces (minimum) are to be provided in the basement level. The spaces shall be identified and marked accordingly. Details are to be submitted to the Principal Certifying Authority prior to the issue of the relevant Construction Certificate.

43. ACCESSIBLE CAR SPACE A minimum of one car space for the vehicles of people with disabilities in all new or refurbished buildings which provide between 10 and 50 car parking spaces, and 2 for those which provide between 50 and 100 car spaces. The car spaces shall be identified and reserved at all times and be in the vicinity of a lift or as close as possible to public areas and facilities. The car spaces shall have minimum dimensions of 3.2m x 5.5m and minimum headroom clearance of 2.5m for vehicles fitted with a roof mounted wheelchair rack. A notice shall be displayed at the entrance to the car park and at each change in direction indicating the location of car spaces and the maximum headroom for vehicles.

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Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

44. ACCESS The development shall be provided with access and facilities for people with disabilities in accordance with AS1428.1-2009 Design for Access and Mobility Part 1: General Requirements for Access. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

45. ACCESS TO MAIN ENTRY

Access in accordance with AS1428.2 shall be provided to and within the main entrance and exit points of the development. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

46. ACCESSIBLE SIGNAGE

Appropriate signage and tactile information indicating accessible facilities shall be provided at the main entrance directory or wherever directional signage or information is provided in the building. Such signage shall have regard to the provisions of AS1428.2.

47. ADAPTABLE HOUSING Access in accordance with AS4299 - Adaptable Housing shall be provided to at least one unit in the development. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

48. BASEMENT STORAGE The basement level general storage area is to provide storage areas, allocated to each unit in the development. Storage is to be allocated to individual units in accordance with the following minimum requirements (excluding bicycle parking/storage areas):

a) 1 bedroom unit: 6m3 of storage, and b) 2 bedroom unit: 8m³ of storage, c) 3+ bedroom unit: 10m3 of storage

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

49. ARCHIVAL RECORDING OF EXISTING BUILDINGS A brief archival record (at a minimum the front and rear elevations, details of notable elements of each building eg the awning and foyers) as per the NSW Heritage Office Guidelines shall be prepared of the existing building for deposit in Waverley Council's Archive (2 hard copies and 1 digital copy to be submitted). This record must be carried out prior to the removal of any significant building fabric or furnishings from the site and must be submitted to Council prior to the commencement of any demolition work and the issue of a Construction Certificate. The record shall comprise photographic documentation of

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the site and its context, and the exteriors and interiors of the existing building(s), photographed where appropriate, using a camera/lens capable of 'perspective correction', comprising: (a) adjacent buildings, building elevations, and important interior and exterior architectural spaces

and features of the building/site; (b) a summary report of the photographic documentation; and (c) photographic catalogue sheets, which are referenced to a site plan and floor plan, no larger than

A3 paper size, and indicating the location and direction of all photos (black & white prints and slides) taken.

50. FENCE NOT TO ENCROACH BEYOND BOUNDARIES

No portion of the proposed fence, including the footings, is to encroach beyond the boundaries of the subject property. Alternatively, documentary evidence that the owner of the adjoining property has no objection to the construction of the party fence wall on the common boundary between these properties is to be submitted to Council prior to the issue of a Construction Certificate.

51. WASTE AND RECYCLING STORAGE AND COLLECTION

(a) The proposal must have a bin storage point for a minimum;

Residential:

4 x 240L Mobile Garbage Bin (MGB) for general waste, 4 x 240L MGB for recyclables, 1 x 240L MGB for garden organics (if required) Additional space is to be made available for an extra 1 x 240L MGB for general waste, 1 x

240L MGB for recyclables and 1 x 240L MGB for paper/cardboard. (b) The waste and recycling storage room must be built to meet all appropriate design

requirements set in Part B, Section 1.2.1, Section 1.2.3 and Section 1.2.4 of Waverley Council Development Control Plan 2012.

(c) The development must have rooms or caged areas with a minimum volume 4m³ available for the storage of discarded residential bulky waste, such as old furniture, awaiting Council pick up.

(d) Responsibilities for transporting bins from the storage points to the nominated collection area, cleaning of waste receptacles, cleaning of storage areas and booking and transporting bulky waste for Council pick up must be outlined in contracts with the building manager, cleaners and tenants.

(e) Clear and easy signs identifying the different MGB and where the MGBs should be stored in the storage area(s) must be displayed.

(f) All waste and recycling receptacles must be removed from the kerbside as soon as possible on the same day as the collection service.

The above matters are to be shown in the Construction Certificate drawings and submitted to the satisfaction of Council's Sustainable Waverley staff prior to the issue of a Construction Certificate.

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52. LANDSCAPED SLABS Details shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate indicating the proposed method of water-proofing and drainage of the concrete slabs over which landscaping is proposed.

53. STREET PLANTINGS – PENKIVIL STREET

All work outside the property boundary are to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense. Such works shall comply with the following:

(a) One street tree shall be planted in the footpath along the Penkivil Street frontage of the

site. The tree is to have a minimum pot size of 400 litres and shall be certified as grown to Natspec specifications with a minimum height of 2500mm from the top of the container to the apical tip. The tree species to be approved by Council’s Strategic Tree Planning Officer.

(b) A consulting arborist is to submit specifications and design for tree pits for the street trees

with the Construction Certificate for approval by Council’s Strategic Tree Planning Officer. The design is to include measures to minimise tree root conflict with any adjacent services/infrastructure and the installation of a tree guard (Derwent - available from Arborgreen) installed to manufacturer’s specifications.

(c) The consulting arborist is to provide details for cut-outs for the awning at the front of the

building to allow for existing and future tree growth for these trees. This awning modification is to be shown on all submitted plans.

Details are to be submitted to Council for approval by Council’s Strategic Tree Planning Officer prior to the issue of a Construction Certificate.

54. TREE REMOVAL

Trees to be removed as per Arboricultural Impact Assessment Report prepared by Andrew Morton Earthscape Horticultural Services Date: November 2015 :

Tree No.

Species Location Action

1 Ligustrum lucidum (Large-leaved Privet)

On-site Remove as per Arborist report.

6 Ficus rubiginosa (Port Jackson Fig)


8 Ficus rubiginosa (Port

Jackson Fig)


12 Celtis sinensis (Chinese Hackberry)


13 Ficus rubiginosa (Port Jackson Fig)


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14 Persea americana (Avocado Pear)


17 Howea forsteriana (Kentia Palm)








21 Banksia integrifolia (Coast Banksia)


22 Plumeria acutifolia (Frangipani)


In line with Council’s policy to maintain and increase tree cover in the Council area, all trees where consent has been given to remove are to be replaced with local native trees of minimum container size of 45 litres / height of 1.5 metres.

These replacement trees are to be clearly shown on an amended landscape plan, prior to the issue of a Construction Certificate.

55. TREE RETENTION Trees to be retained on adjoining properties as per Arboricultural Impact Assessment Report prepared by Andrew Morton Earthscape Horticultural Services Date: November 2015. All trees to be retained in accordance with recommended Tree Protection Measures (Section 10). Install Tree Protection Fence in accordance with Section 10.3.

Tree No.

Species Location Action


Adjoining property

Retain in accordance with recommended Tree Protection Measures (Section 10). Install Tree Protection Fence in accordance with Section 10.3.


Adjoining property


4 Ailanthus altissima (Tree of Heaven)

Adjoining property


5 Ailanthus altissima (Tree of Heaven)

Adjoining property


7 Cupressus sempervirens ‘Stricta’

Adjoining property

Retain in accordance with recommended Tree Protection Measures (Section 10). Install Tree

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(Italian Cypress) Protection Fence in accordance with Section 10.3.

8.1 Araucaria columnaris (Cook Pine

Adjoining property


9 Archontophoenix cunninghamii

(Bangalow Palm)

Adjoining property


10 Archontophoenix cunninghamii (Bangalow Palm)

Adjoining property


11 Cinnamomum camphora (Camphor Laurel

Adjoining property


15 Cyathea cooperi (Rough Tree Fern)

Adjoining property


16 Camellia japonica (Camellia)

Adjoining property


Trees to be retained and protected shall be clearly shown on any construction plans.

Tree protection measures are to be installed prior to any work (including demolition). The tree retention measures identified in the submitted and approved Arborist Report are to be adhered to at all times. Evidence by means of an arborist report and/or photographic evidence showing site context are to be submitted and approved by Waverley Council’s Tree Management Officer prior to the commencement of any work including demolition.

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C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

56. PRIOR TO SITE WORKS The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or intends to

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

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

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

59. SITE HEALTH & SAFETY PLAN A Site Health & Safety Plan is to be prepared prior to the commencement of works by a person competent to do such Plan. All works are to be carried out in accordance with this Plan. This Plan shall include:

(a) hazard identification and control (b) site security (c) personal protective equipment (d) work zones and decontamination procedures (e) contingency plans and incident reporting environmental monitoring

Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council and the Principal Certifying Authority immediately.

60. OBSTRUCTION TO PUBLIC AREAS

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

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

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

sort of danger to persons using the public place; and

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

61. TOILET FACILITIES

Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.

62. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

63. DILAPIDATION REPORTS

Dilapidation surveys must be conducted and dilapidation reports prepared by a practising professional engineer (structural) of all buildings, (both internal and external), including ancillary structures located on land adjoining the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. The survey must identify which properties are within the likely 'zone of influence'. These properties must include (but are not limited to) 65 and 71 Penkivil Street, 70 – 98 Anglesea Street, and any others identified to be in the zone of influence in the Dilapidation Survey. The dilapidation reports must be completed and submitted to Council and the Principal Certifying Authority with or prior to the Notice of Commencement and prior to the commencement of any development work. The adjoining building owner(s) must be given a copy of the dilapidation report for their building(s) prior to the commencement of any work. Please note the following: (a) The dilapidation report will be made available to affected property owners on request and may be

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

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

development.

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(c) Council will not be held responsible for any damage which may be caused to adjoining buildings as a consequence of the development being carried out.

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

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

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

64. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

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

66. CONTAMINATING MATERIAL REQUIRED TO BE REMOVED The following requirements apply to demolition and construction works on site: (a) Hazardous dust is not to be allowed to escape from the site. The use of fine mesh dust proof screens

or other measures are recommended. Any existing accumulations of dust (eg: ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particle

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air (HEPA) filter. All dusty surfaces and dust created from work are to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries.

(b) All contractors and employees directly involved in the removal of hazardous dusts and substances

are to wear protective equipment conforming to Australian Standard AS1716 Respiratory Protective Devices. They shall also adopt work practices in accordance with the requirements of Safe Work Australia's National Standard for the Control of Inorganic Lead at Work (NOHSC: 1012 (1994) and NOHSC: 2015(1994).

(c) All lead-contaminated materials being disposed of in accordance with the NSW Environment

Protection Authority (EPA) Waste Classification Guidelines 2009 and the Protection of the Environment Operations Act 1997 (NSW).

67. ASBESTOS REMOVAL

(a) All demolition works involving the removal and disposal of asbestos must only be undertaken by

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

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

(c) No asbestos products are to be reused on site. (d) Standard commercially manufactured signs containing the words "DANGER ASBESTOS REMOVAL

IN PROGRESS" measuring not less than 400m x 300mm are to be erected in prominent visible positions on the site during asbestos removal works.

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

68. DEMOLITION AND CONSTRUCTION WASTE MANAGEMENT

The applicant must ensure that the waste generated during the demolition and construction phase complies with the following;

(a) Separate collection bins or areas for the storage of waste is to be provided (giving consideration

to slope, drainage, vegetation, access and handling requirements including:

(i) Landfill waste; (ii) Recyclable waste; (iii) Materials to be re-used on-site; and / or (iv) Excavation materials. See Annexure B1-1 of the Waverley DCP for common building materials re-use and recycling potential.

(b) A 100% re-use of sandstone is required.

(c) All storage areas/ containers are to be located within the property boundary and indicated on the site plans / drawings as part of the SWRMP.

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(d) Where space on a development is limited, approval may be granted by Council to place a skip on a footpath or other public area in line with Part B of Waverley DCP 2012.

(e) Waste and recycling containers/skips may only be provided by persons/companies holding a

current permit granted by Council.

(f) Asbestos and other hazardous material is to be managed under the Protection of the Environment Operations Act. For further information go to Councils Asbestos Policy 2005 and www.nsw.gov.au/fibro and www.workcover.nsw.gov.au.

(g) Materials that cannot be reused or recycled should be disposed of at an ‘approved’ landfill and

specified in the SWRMP.

(h) Records are to be retained on-site demonstrating lawful disposal of waste.

(i) Easy vehicular access to waste and recycling material storage areas must be provided.

(j) Construction materials are to be stored away from waste and recycling materials to enable easy access for waste collectors.

(k) All waste and recycling is to be is to be stored to prevent damage by the elements, odour,

health risks and windborne litter.

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

70. FOOTPATH PROTECTION The footpath and driveway must have a protective cover e.g. duckboards or plates to ensure these are not damaged during the course of demolition and/or construction. The protective measure is to be installed prior to the commencement of any works on the site.

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

72. STOCKPILES

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

73. POTENTIAL DEWATERING OF THE SITE

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Should dewatering of the site be required, the onus is on the developer to:

(a) Undertake the necessary site investigations prior to construction; (b) Prove that a water table is present or absent; (c) Assess the feasibility of alternative construction methods; (d) Assess the potential contaminated site, acid sulphate soil and saline intrusion issues; (e) Design an appropriate and safe dewatering system; (f) Apply for a dewatering licence, (g) Provide a detailed geotechnical and hydrogeological report regarding construction

dewatering and monitoring; (h) Design and implement a monitoring program; (i) Monitor, analyse, interpret and report on dewatering to Council. DWE and possibly DECC

throughout construction; (j) Inform Council of unexpected site conditions (such as water tables or high seepage rates)

and subsidence issues.

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

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

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

Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on: (a) The Saturday (except minor renovation or refurbishment to a single dwelling construction)

and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and Noise from construction activities shall comply with the Protection of the Environmental Operations

(Noise Control) Regulation 2000.

77. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER

Bulk excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate.

78. USE OF HEAVY EARTH MOVEMENT EQUIPMENT

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Excavation works involving the use of heavy earth movement equipment including rock breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday.

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

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

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

on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

82. BUILDING CODE OF AUSTRALIA

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

83. BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION) ACT - INSPECTIONS (RESIDENTIAL FLAT DEVELOPMENT AND OTHER RESIDENTIAL CLASS 2, 3 AND 4) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planing and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification.

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MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 2, 3 and 4 building: (a) at the commencement of the building work; (b) prior to covering of waterproofing in any wet area for a minimum of 10% of rooms with wet area

within a building; (c) prior to covering any stormwater drainage connections; and (d) after the building work has been completed and prior to any Occupation Certificate being issued in

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

columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls).

Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

84. FIRE SAFETY - EXITS Exits and paths of travel to exits are to be kept clear and at all times to provide clear access to exits and provide a safe passage for occupants to open space in accordance with Section D of the BCA.

85. FIRE SAFETY MAINTENANCE Access to all essential fire safety measures, such as fire hydrants, fire hose reels, portable fire extinguishers and the like must be maintained at all times and not be blocked or obstructed by furniture, equipment or the like.

86. CERTIFICATE OF SURVEY - LEVELS All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building.

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

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88. ENCROACH BEYOND THE BOUNDARIES

No portion of the proposed works including the footings and roof eaves, to encroach beyond the boundaries of the subject property.

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

90. IN-SINK WASTE DISPOSAL SYSTEMS The installation of in-sink waste disposal systems is prohibited.

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

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

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

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

95. RESIDENTIAL FLAT BUILDINGS - BALCONIES NOT TO BE ENCLOSED The private open balconies attached to the proposed building are not to be enclosed at any future time, in accordance with the provisions of Council's General Policy. In this regard, the door openings within the external walls adjoining the private open balconies to be constructed so as to prevent the penetration of rain or other waters to the inner part of the building.

96. TREE PROTECTION

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Precautions shall be taken when working near trees to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a nominated

perimeter.

97. TREE PLAN All trees to be retained on the site are to be protected by AS 4970 – 2009 Protection of trees on development sites and by the conditions below. All trees, shrubs or vegetation on the subject or neighbouring sites identified for retention and within 7.5m of the building work are to be provided with tree protection measures as described below. All trees, shrubs or vegetation on the subject site are to be provided with a tree guard and a notice on each guard indicating "This tree is the subject of a Tree Preservation Order by Waverley Council." This notice is to be in place prior to commencement of any building or demolition work. Only trees with the approval of Council for removal may be removed from the site. *TPZ- Tree Protection Zone TPZ – A 1.8m chain link wire fence or the like shall be erected around the above trees to be retained to protect them from damage during construction. Fencing is not to be removed until all building work has been completed. Fencing to be installed to the dimensions outlined in the table above. All tree protection fencing shall comply with AS 4970 – 2009 Protection of trees on development sites. The maintenance of this TPZ shall be maintained as per AS4970 – 2009, Section 4.6. Established boundary fences or site boundary fences are to remain in place at all times to physically protect any existing trees or vegetation on neighbouring sites. If fences are to be removed and replaced this process shall be undertaken in the most minimal time possible. If tree roots are exposed during this process and they are to be exposed for any more than 24 hours then a protective absorbent covering is to run the length of the exposed boundary. This covering is to be kept moist to prevent the drying out of roots. Any backfilling material required due to excavation shall meet the requirements of AS 4419-2003 Soils for landscaping and garden use. Any backfilling material shall also be conducive to promoting root development and growth. Soil levels are not to be changed around any trees on the subject or neighbouring properties. No mechanical excavation shall be undertaken within the tree canopy spread (within the dripline) or within 2.0m from the middle of the trunk (whichever is greater) of any tree, shrub or vegetation that is protected under Waverley Council’s Tree Preservation Order.

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If any tree roots are exposed during any approved works then roots smaller than 30mm are to be pruned as per the specifications below. Any roots greater than 30mm are to be assessed by a qualified arborist before any pruning is undertaken. If tree roots are required to be removed for the purposes of constructing the approved works they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist (with a minimum of the Horticulture Certificate or Tree Surgery Certificate). It is the arborist’s responsibility to determine if such root pruning is suitable. If there are any concerns regarding this process then Waverley Council’s Tree Management Officer is to be contacted to make final determination. If any trees or vegetation on the subject property require pruning and are covered by Waverley Council’s Tree Preservation Order an Application to Prune or Remove Trees on Private Property is must be presented to Council for processing. If any trees on neighbouring properties require pruning and are covered by Waverley Council’s Tree Preservation Order then permission must be gained from the owner of the tree(s) and an Application to Prune or Remove Trees on Private Property is then to be presented to Council for processing. There are to be no underground services installed within 2.0 metres from the middle of the trunk of any trees to be planted, or 1.0 metres from the edge of any proposed garden bed.

98. STREET TREE PLANTING - RESIDENTIAL ZONES The proposed street planting to Penkivil Street (species, size and spacing) is to be undertaken in accordance with Council's requirements and the following: (a) adequate drainage with specifications showing continuous interconnected tree channel pits with

a minimum size of 1sqm; (b) solid cast aluminium tree guards and root barriers in accordance with Council's Tree Management

Policy; (c) a protective wire mesh guard with a minimum height of 1.5m shall be erected and secured

around each tree; (d) planting areas within 1m of concrete structures shall have a flexible root barrier installed around

the perimeter of the planting hole.

99. NEW VEHICLE CROSSING

A new vehicle crossing is to be provided to access the proposed basement car park. A separate application is required for the vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council.

100. EXISTING VEHICLE CROSSING IS TO BE CLOSED

The existing vehicle crossing is to be closed and all work associated with the closure is to be carried out with the approval of, and in accordance with, the requirements of Council

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101. BASEMENT MANOUVREING SPACES The manoeuvring space allocated as such on the approved architectural plans shall be signposted and marked to Council’s satisfaction in order for the space not to be used for parking at any time.

102. FOOTPATH AND KERB/ GUTTER UPGRADE

The footpaths and kerb and gutters surrounding the site are to be upgraded at the applicant’s expense.

In this regard, the applicant is to confer with Council’s Executive Manager, Creating Waverley prior to commencement of works on the footpath area. A detailed plan of the works required on Council’s road reserve/footpath area being submitted to Council for the approval of the Executive Manager, Creating Waverley prior to those works commencing.

103. CONVEX MIRRORS

Convex mirrors being placed inside the site at the vehicular access ramp for drivers when exiting the site to view pedestrians and vehicles approaching from either direction along Glenayr Lane.

104. PARKING SPACES

The resident car parking spaces in the basement are to be clearly line marked and signposted.

105. TRAFFIC LIGHT/SIGNAL

A traffic light/signal system, to the satisfaction of the Executive Manager, Creating Waverley, being installed to allow access for one vehicle only at a time on the vehicular access ramp between Glenayr Lane and the basement car park area.

106. RELOCATION OF PARKING SIGNS

Where necessary, the applicant shall meet the cost of the relocation/installation of any traffic or parking control signs.

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

108. NO WORKS BEYOND BOUNDARIES No portion of the proposed fencing, support columns, including the footings, is to encroach beyond the boundaries of the subject property.

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D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

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

110. SYDNEY WATER A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website www.sydneywater.com.au\customer\urban\index or telephone 13 20 92. Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the subdivision plan/occupation of the development.

111. ARCHITECT TO SUPERVISE DESIGN - OCCUPATION CERTIFICATE DOCUMENTATION

In accordance with clause 154A of the Environmental Planning and Assessment Regulations 2000, the Principal Certifying Authority must not issue an occupation certificate to authorise a person to commence occupation or use of the development unless it has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued.

112. STORMWATER Prior to the issue of an Occupation certificate, certification is to be provided from a suitably qualified hydraulics engineer, that the stormwater system has been constructed in accordance with the approved stormwater management plans and to best engineering practice

113. LANDSCAPE CONSULTANT A qualified Landscape and/or Arboricultural Consultant shall be retained for the duration of the construction of the development. The Consultant shall submit to the Principal Certifying Authority a Certificate of Practical Completion stating the work has been completed in accordance with the approved Landscape Plan and that a maintenance program has been established. The Certificate shall be lodged upon satisfactory completion of the landscaping works and prior to the issue of the Occupation Certificate.

114. WASTE AND RECYCLING STORAGE AND COLLECTION - USE

(a) Composting facilities onsite must meet all design requirements set in Annexure B1-5 of the

Waverley Council Development Control Plan.

175

(b) Sufficient space must be allocated on-site for the storage of reusable items such as crates and

pallets.

(c) The recycling bins must be placed alongside the general waste bins for ease of access and to encourage recycling habits.

(d) The path for bins between the waste and recycling storage area and the vehicle collection point

must be free of steps and kerbs.

(e) All waste and recycling storage rooms must be built to meet all appropriate design requirements set in Part B, Section 1.2.1, Section 1.2.3 and Section 1.2.4 of Waverley Council Development Control Plan 2012.

(f) The proposal must have a system for the convenient transportation of waste and recyclables to

the communal waste and recycling storage area (i.e. chute systems or a service lift dedicated for the transportation of waste).

(g) Responsibilities for transporting bins from the storage points to the nominated collection area,

cleaning of waste receptacles, cleaning of storage areas and booking and transporting bulky waste for Council pick up must be outlined in contracts with the building manager, cleaners and tenants.

(h) Clear and easy signs identifying the different MGB and where the MGBs should be stored in the

storage area(s) must be displayed.

(i) All waste and recycling bins must only be placed out on Council footpath for collection no earlier than 5:30 p.m. on the day prior to the designated waste collection day and retrieved from the kerbside as early as possible.

(j) Should a collection vehicle be required to drive onto the property to collect waste and recycling

bins, the site must be designed to allow collection vehicles to enter and exit the property in a forward direction and have adequate vehicle clearance. In addition, all access roads and driveways must comply with BCA, AS and Annexure B1-3 in the Waverley Development Control Plan 2012.

The above matters are to be detailed and submitted to the satisfaction of the Principal Certifying Authority prior to the occupation of the development.

115. WAVERLEY DIGITAL MODEL

Prior to the issue of an Occupation Certificate an accurate 'as built' digital model of the building must be submitted to Council's Waverley Futures Department for use in the Waverley Digital Model.

(a) A digital model of the building must be generated at a scale of 1:1 with units of measurement in

metres and include the following:

(i) a building envelope which includes all elements affecting shadow analysis; (ii) accurate placement of glazing, balconies, roof pitches, terraces, roof services and any other

prominent external design features; (iii) a ground level terrain showing accurate RLs extending to site boundaries.

176

(b) All models must be generated in accordance with Council's Guidelines: Submitting Digital 3D Models. Further information and technical requirements can be obtained from Council's E-Planning (3D Modelling) Officer, Shaping Waverley.

Notes: This model will update previous version/s submitted at Development Application stage. Any future modifications (under Section 96 of the Environmental Planning and Assessment Act)

that affect the external configuration of the building (from the ground level and up), will require the submitted model to be amended.

116. FIRE SAFETY UPGRADE AND LINEN PLAN

Fire safety upgrading works being undertaken in accordance with recommendations identified in the Fire Safety Upgrade Assessment Report.

In this regard, the Occupation Certificate shall not be released by Council or an accredited certifier, until all fire safety upgrading works are completed and a Final Fire Safety Certificate has been submitted to Council, certifying that each essential fire safety measure specified within the current Fire Safety Schedule:-

(a) has been assessed by a properly qualified person; and (b) has been found, when it was assessed, to be capable of performing to at least the standard required

by the current Fire Safety Schedule for the building for which the Certificate is issued.

117. PUBLIC DOMAIN WORKS COMPLETED All public domain works are to be completed to the agreed design and standard to the satisfaction of the Executive Manager, Creating Waverley prior to the issue of an Occupation Certificate.

118. LIGHTING

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

(b) All external lighting fixtures should be vandal resistant.

(c) Lighting should be carefully considered in areas covered by CCTV to allow for optimum viewing.

(d) Lighting should be free of obstructions, such as tree branches, pipes, etc.

(e) Transition lighting should also be used throughout the site to reduce vision impairment, i.e.

impairment caused by walking from dark to light places and light to dark places.

(f) All external area lights and carparks to multi-unit dwellings shall be on sensor switches to save energy and reduce light spill to the sky; low voltage solar powered lights to front entry footpaths are acceptable for continuously illuminated lighting.

177

119. ALLOCATION OF STREET NUMBER The redevelopment of the property has lead to the following allocation of premises numbers:

No. 67 Penkivil Street for the building (primary premises);

Nos. 1-12 for the units (sub premises) within the building correlating with Nos. 1-12 on the floor plans for the building.

The primary premises number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts Penkivil Street. The primary and sub premises numbers are to be positioned on the site prior to the issue of the Occupation Certificate. Any variation to the above premises numbering requires a new application to be lodged with Council.

120. VEHICLE ACCESS All vehicles entering and exiting the site from Penkivil Street shall do so in a forward direction at all times.

121. PARKING

(a) Ownership of car park lot spaces within the basement shall be limited to parties owning a lot within the buildings on-site.

(b) A minimum of one car space and a maximum of two car spaces shall be allocated to any residential unit/dwelling to ensure equitable allocation overall.

(c) The area adjoining Space No. 13 designated as ‘Vehicle Circulation Area’ on the approved plans

shall remain as a shared zone, with no vehicle to be parked in this area. The Strata Subdivision plan shall be amended to accurately reflect this.

(d) Car parking and storage spaces shall not be independent lots, but rather part lots attached to units

in the Subdivision Plans.

122. PARKING PERMITS In accordance with Council's Policy, Residents Preferred Parking permits will not be issued for this development when completed.

123. NOISE ATTENUATION CERTIFICATE On completion of any building containing residential units and prior to the issue of the Occupation Certificate the applicant shall: (a) Engage and an Australian Association Acoustic Consultant to conduct a test for noise attenuation

to classify the buildings performance on the National Star Rating Table and to confirm compliance with Condition; and

(b) Lodge with Council for public record, the noise attenuation star rating results.

124. NOISE – PLANT AND EQUIPMENT

178

A Certificate is to be submitted to Council at the completion of all work and prior to the issue of an Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment including mechanical supply and exhaust ventilation systems (including the car park) and lift motors comply with the terms of approval in relation to noise.

125. SLIP TESTS OF COMMON AREAS

Common area tiles should not have slippery finishes. Slip tests should be undertaken in wet conditions.

126. TACTILE NUMBER IN LIFT

The applicant is advised that with regard to the provision of the lift in the building, it will be necessary for tactile numbers to be placed on each level of the building and within the lift to assist visually impaired people.

127. SUBDIVISION A Subdivision Certificate must be obtained from Council in accordance with Section 109C(d) of the Environmental Planning and Assessment Act, 1979 prior to the registration of the subdivision plans.

179

GENERAL NOTES1. ALL WORKS TO BE IN ACCORDANCE WITH THE BUILDING CODE OF

AUSTRALIA AUSTRALIAN STANDARDS STATUTORY REGULATIONSAND LOCAL AUTHORITY REQ.

2. CONTRACTOR TO ENSURE CONSISTENCY BETWEEN MATERIALS ISMAINTAINED

3. CONTRACTOR TO NOTIFY MHN OF ANY DISCREPENCIES,DIMENSIONAL INCONSISTENCIES OR THE NEED FOR CLARIFICATIONPRIOR TO MANUFACTURING

4. MHN TO REVIEW ALL CONTRACTORS DETAILED DRAWINGS / SETTINGOUT PRIOR TO CONSTRUCTION.

5. CONTRACTOR TO LIAISE WITH ELECTRICAL CONTRACTORS TOENSURE ALL POWER/DATA/COMMUNICATION REQUIREMENTS AREACCESSIBLE.

6. ALL DIMENSIONS TO BE VERIFIED ON SITE - DO NOT SCALE7. ALL WORKS TO BE VERIFIED AGAINST DRAWINGS FOLLOWING

CONSTRUCTION AND ARCHITECT TO BE NOTIFIED OF ANYDISCREPANCIES PRIOR TO PROCEEDING WITH NEXT TRADE

CLAUSE B 1.4 - MATERIAL & FORMS CONSTRUCTIONSSPEC. C1.1 - FIRE RESISTING CONSTRUCTIONSPEC. C1.10 - FIRE HAZARD PROPERTIESSPEC. C.11 - PERFORMANCE OF EXTERNAL WALLS IN A FIRECLAUSE C2.6 - VERTICAL SEPARATION OF OPENINGS IN EXTERNAL WALLCLAUSE C2.12 - SPEARATION OF EQUIPMENTCLAUSE C2.13 - ELECTRICITY SUPPLY SYSYEMCLAUSE C.3 - ACCEPTABLE METHODS OF PROTECTION (OF OPENINGS)CLAUSE C3.8 - OPENING IN FIRE ISOLATED EXITSCLAUSE C3.15 - OPENING FOR SERVICE INSTALLATIONSCLAUSE D1.10 - DISCHARGE FROM EXITSCLAUSE D2.7 - INSTALLATIONS IN EXITS AND PATHS OF TRAVELCLAUSE D2.13 - GOINGS AND RISERSCLAUSE D2.14 - LANDINGSCLAUSE D2.15 - THRESHOLDSCLAUSE D2.16 - BALUSTRADES

CLAUSE D2.17 - HANDRAILSCLAUSE D2.21 - OPERATION OF LATCHCLAUSE D2.23 - SIGNS ON DOORSCLAUSE D3.2 - GENERAL BUILDING ACCESS REQUIREMENTSCLAUSE D3.3 - PARTS OF BUILDING TO BE ACCESSIBLECLAUSE D3.6 - IDENT. OF ACCESSIBLE FACIL/SERV/FEATURESCLAUSE D3.8 - TACTILE INDICATORSCLAUSE F1.7 - WATERPROOFING OF WET AREASCLAUSE F1.9/F1.10 - DAMP PROOFINGCLAUSE 2.5 - CONSTRUCTION OF SANITARY COMPARTMENTSPART F4 - LIGHTING AND VENTILATIONCLAUSE F5.4 - SOUND INSULATION OF FLOORSCLAUSE F5.5 - SOUND INSULATION OF WALLSCLAUSE F5.6 - SOUND INSULATION OF SERVICESCLAUSE F5.7 - SOUND INSULATION OF PUMPS

ALL CONSTRUCTION TO COMPLY AT MINIMUM W/ BCA CLAUSES & AUSTRALIAN STANDARDSARTIFICIAL LIGHTING: TO COMPLY WITH BCA PART CLAUSEF4.4 & AS1680BALUSTRADE HEIGHTS: TO COMPLY WITH BCA CLAUSE D2.16DRAINAGE GUTTERS & DOWNPIPES: TO COMPLY WITH AS/NZS 3500 3.2ENERGY EFFICIENCYGLAZING: TO COMPLY WITH J2 OF BCAFIRE SERVICES: TO COMPLY WITH SECTION E OF BCAHOT WATER: SYSTEMS TO COMPLY WITH PART J7 OF BCAMASONRY: TO COMPLY WITH AS3700MECH/ELEC/HYDRAULIC: BCA CLAUSE C3.15 & AS1530 4-2005MECHANICAL AIRCONDITIONING: TO COMPLY WITH PART J5 OF BCAMECHANICAL EXHANUST VENTILATION: TO COMPLY WITH AS1668 & AS68.2SMOKE ALARMS: TO COMPLY WITH BCA PART CLAUSE & SPEC E2.2 & AS3786PENETRATIONS: THROUGH FIRE RATED CONSTRUCTION FOR MECH/ELEC/HYDRAULICPENETRATIONS TO COMPLY WITH BCA CLAUSE C3.15 & AS1530 4-2005SOUND TRANSMISSION: TO COMPLY WITH PART5 OF BCASTAIR CONSTRUCTION: TO COMPLY WITH BCA CLAUSE D2.13STAIR CONSTRUCTION: TO COMPLY WITH BCA CLAUSE D2.13WATERPROOFING OF WET AREAS: TO COMPLY WITH AS3740

SPECIFICATIONS (refer to specification attachment) BASIX COMMITMENTS(ALL OTHER BASIX COMMITMENTS AS PER BASIX CERTIFICATE AND STAMPED PLANS)

WATER OPTIONSSHOWERHEADS: 3 STARTOILETS: 4 STARCLOTHES WASHERS: 4 STARKITCHEN TAPS: 4 STARBATHROOM TAPS: 5 STARDISHWASHERS: 4 STARRAIN WATER TANK: N/ASTORM WATER TANK: N/APOOL/SPA: N/ALANDSCAPED AREA TO IRRIGATE: 405 sqm

ENERGY OPTIONS - DwellingsCOOLING: Air conditioner, single phase, 3.0 'star' to living and bed areasHEATING: Air conditioner, single phase, 3.0 'star' to living and bed areasVENTILATION: Bathrooms + laundries + kitchens: exhaust ducted, manual switch 'on/off'.WATER HEATING: Central hot water systemENERGY EFFICIENT LIGHTING: Compact fluorescents or LED to: NilCOOK TOPS: Gas cooktop, electric ovenREFRIGATOR SPACE: Well ventilatedDISHWASHERS / CL.DRYERS: 4 star / 3 starCLOTHES WASHERS N/A

THERMAL COMFORT OPTIONSROOF: Metal deck with R1.0 insulation blanket to underside. 'Medium' colour.CEILINGS: Minimum R3.0 insulation with roof above. Any down-lights proposed will have approved non-ventilated covers or shields to enable the installation of insulation with gaps.EXTERNAL WALLS: Tiled cladding + R1.5 insulation to ground level units; 'light' colour. Metal cladding + R1.5 insulation: Level 1, Level 2 units; 'Medium' colour.INTERNAL WALLS: Plasterboard on stud within units. 200mm 'Hebel'-block type party walls'.FLOORS: Concrete throughout. R1.0 insulation to all floors above basement car-park. Timber & tile coverings (as per plans).SPECIAL GLAZING REQUIREMENTS: AFRD: Uw = 5.40, SHGC = 0.58 to all glazing eg aluminium- framed single-glazed 'low-e' glass. AFRC: Uw=4.22, SCHGC = 0.72 to all skylight glazing (with 60 shading to larger skylights of units 2.01 & 2.04)

ENERGY OPTIONS - Common Areas'COMMON AREAS' IDENTIFIED: Car-park; Garbage Room; plant room ground floor lobby; hallways.LIGHTING: Fluorescents to car-park with motion sensors; compact fluorescents to garbage & plant rooms with manual switches. Compact fluorescents to lobbies/hallways with motion sensors.LIFT SYSTEM: HydraulicCENTRAL WATER HEATING: Gas fired storage (manifolded); min. R0.6 insulation to internal piping.VENTILATION: No mechanical ventilation to 'common areas'. D10_A

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CONTRACTOR TO VERIFY ALL DIMENSIONS ON SITE PRIOR TO COMMENCING WORK. MHNDU IS TO BE NOTIFIED OF ANY DISCREPANCIES IN THE DIMENSIONAND SETTING OUT OF THE WORK. COPYRIGHT OF DESIGNS SHOWN HEREON IS RETAINED BY MHNDU. AUTHORITY IS REQUIRED FOR ANY REPRODUCTION.

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67-69 PENKIVIL ST BONDI NSW2026

PENKIVIL ST

SITE & ROOF PLAN

PLOTTED: 11/19/2015

15030_67-69_Penkivil_Development Application_Consolidated Scheme.pln

A ISSUE FOR DA 20.11.15TN

3,05

0

16,385

6,900

4,40

0

RL 80.200

RL 79.300

RL 82.300

RL 80.200

OUTLINE OF EXISTING BUILDING

RL 79.900RL 80.200

UNIT G.02AREA: 76 m2

BEDS: 2

RAMP 1:5

RL 78

.805

1:10

RL 79

.005

F

F

F

F

4.5m

Wav

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y D

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4,66

5

TERRACE

LAWNTERRACE

COMMONGARDEN

COMMONOUTDOOR

SPACE

LAWN

LAWN

TERRACE

GFLOBBY

ENTRY

WALKWAY AT 1:20WALKWAY AT 1:14

UNIT G.01

UNIT G.02UNIT G.03

UNIT G.04

89°43'60.05

C/P

270°09'40"

359°

22'5

0"10

.015

180°31'10.06

DIN

ING

KITCHEN

LIVING

SERVICES / MAIL

LIVINGBED 1BED 2

BED 1BED 2BED 3

BATH

BATH

BED 3

ENS

ENS

BED 1BED 2ENS

LIFT

LDY

LDY

BED 1 BED 2

LDY

LDYST

ST

ST

ST

ST

ST

3650 x 3020 3700 x 3020 3650 x 30206300 x 5250

1850 x 3020

6150 x 5375

KITCHEN

KITCHEN

DIN

ING

3650 x 3020 3700 x 3020 3650 x 3020

1500

x 3

020

3650 x 3020 3850 x 3020

KITCHEN

DIN

ING

DIN

ING

LIVING

LIVING

5250 x 5250

2750 x 1900

2750 x 1900

2750 x 1900

2750 x 1900BATH

BATH

4000 x 3020 3650 x 3020

5100 x 6950

TOW 82.000

TOW 82.000

TOW 82.000


BEDS: 3


BEDS: 2


BEDS: 3

PROPOSED FULLY COMPLIES WITHWCLEP2012 AND DCP ENVELOPES

1 : 100

4.5m

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6m Waverley DCP 5,865Alignment with Neighbours

16,385 37,800

11,2

50


A

B

B

71 PENKIVIL ST4 STOREY

BRICK APARTMENT BUILDINGGROUND FLOOR PARKING

TILE ROOF

RL: 93.508 RL: 92.598

RL: 89.550 RL: 90.500

RL: 90.434 RL: 90.434

RL: 92.536 RL: 92.541

RL: 91.690

RL: 92.618

RL: 90.639

EXISTING BUILDING SHOWN DASHED


LOUVRES LOUVRES

65 PENKIVIL ST4 STOREY BRICK APARTMENT BUILDING

GROUND FLOOR PARKINGTILE ROOF

67-69 PENKIVIL STPROPOSAL

FALL

FALL

SKY/L SKY/L

SKY/L

SKY/L

SKY/L

SKY/L SKY/L

SKY/L

SKY/L

SKY/L

ROOF BELOW

LIFT OVERRUNBELOW

GUTTER GUTTER

GUTTERGUTTER

PEN

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VEHICLECIRCULATION

AREA

5,865Alignment with Neighbours

2,00

02,

000

6m Waverley DCP

1,000

1,000 2,400 1,750

RL 76.800

14 m2

20 m2

2 m2 2 m2 2 m2 2 m2 2 m2 2 m2 2 m2 2 m2 2 m2 2 m2 2 m2

20 m2

2 m2

8 m2

4VISITORBIKEPARKINGSTW PITSTW PITSTW PIT

EXIT 01

EXIT 02

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6m Waverley DCP Req Setback 5,865Alignment with Neighbours

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16,385 37,800

6,900

4,40

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RL 80.200

RL 79.300

RL 82.300

RL 80.200


RL 79.900RL 80.200

AA

B

B

PENKIVIL STR

EET



TILE ROOF

CIRCULATION SPACE

CONCRETE DRIVEWAY

CONCRETE DRIVEWAY

CONCRETE DRIVEWAY


BEDS: 2

RAMP 1:5

RL 78

.805

1:10

RL 79

.005

F

F

F

F

4.5m

Wav

erle

y D

CP

4,66

5

NEW BOUNDARY WALL1800 HIGH MASONRY

EXISTING DRIVEWAYTO BE REMOVED KERB TOBE RECONSTRUCTED TOCOUNCIL REQUIREMENTS

LINE OF EXISTINGBUILDING SHOWNDASHED

LIGHT POLE

SMALL TREES TO BEREMOVED REFER TOARBORIST REPORT

TREE TO BE REMOVED ANDREPLACED WITH SUBSTITUTEPLANTING REFER TOLANDSCAPE PLANS

NEW DRIVEWAY ENTRY

WALKWAY AND KERB TOBE RECONSTRUCTED TOCOUNCIL REQUIREMENTS

TERRACE

LAWNTERRACE

COMMONGARDEN

COMMONOUTDOOR

SPACE

LAWN

LAWN

TERRACE

GFLOBBY

ENTRY

WALKWAY AT 1:20WALKWAY AT 1:14

UNIT G.01

UNIT G.02UNIT G.03

UNIT G.04

89°43'60.05

C/P

270°09'40"28.17

359°

22'5

0"10

.015

180°31'10.06

DIN

ING

KITCHEN

LIVING

SERVICES / MAIL

LIVINGBED 1BED 2

BED 1BED 2BED 3

BATH

BATH

BED 3

ENS

ENS

BED 1BED 2ENS

LIFT

LDY

LDY

BED 1 BED 2

LDY

LDY

H: 84.15S: 83.27

H: 84.15S: 83.27

H: 84.15S: 83.27

H: 84.44S: 83.10

H: 84.43S: 83.11

H: 84.43S: 83.11

H: 84.17S: 83.17

H: 84.17S: 83.17

H: 84.24S: 83.10

H: 84.24S: 83.10

ST

ST

ST

ST

ST

ST

3650 x 3020 3700 x 3020 3650 x 30206300 x 5250

1850 x 3020

6150 x 5375

KITCHEN

KITCHEND

ININ

G

3650 x 3020 3700 x 3020 3650 x 3020

1500

x 3

020

3650 x 3020 3850 x 3020

KITCHEN

DIN

ING

DIN

ING

LIVING

LIVING

5250 x 5250

2750 x 1900

2750 x 1900

2750 x 1900

2750 x 1900BATH

BATH

4000 x 3020 3650 x 3020

5100 x 6950

TOW 82.000

TOW 82.000

TOW 82.000


BEDS: 3


BEDS: 2


BEDS: 3


1 : 100

183

















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4.5m

Wav

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CP

4.5m

Wav

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CP


16,385 37,800

11,2

50

13,650 2,500

400

3,000

83.300

RL 82.750


AA

B

B

F

F

F

F

RL 83.300

STEELFRAMEDAWNING BELOW

EXISTING BUILDING SHOWN DASHEDENTRY STRUCTUREBELOW

EXISTING BUILDINGSHOWN DASHED



TILE ROOF



UNIT 1.03

UNIT 1.04

FIRSTFLOORLOBBY

C/P

BALCONY

BALCONY

BALCONY

BALCONY

RIS

ER

LIFT

UNIT 1.02

UNIT 1.01

H: 85.25S: 83.88

H: 85.15S: 84.15

H: 85.25S: 83.73

H: 85.25S: 83.73

H: 85.25S: 83.73

H: 85.19S: 84.20

H: 85.19S: 84.20

H: 85.25S: 83.73

H: 85.18S: 84.21

H: 85.25S: 83.91

POST ADAPTABLE UNIT

H: 84.15S: 83.27

H: 84.15S: 83.27

H: 84.44S: 83.10

H: 84.43S: 83.11

H: 84.43S: 83.11

H: 84.17S: 83.17

H: 84.24 H: 84.24

ST

ST

ST

ST

DIN

ING

KITCHEN

LIVING

LIVING

BED 1BED 2

BED 1BED 2

BATH

BATH

ENS

ENS

BED 1

BED 1

3650 x 3170 3700 x 3170

6550 x 5250

1850 x 3170

6585 x 5100

KITCHEN

KITCHEN

DIN

ING

3650 x 3020 3650 x 3020

1500

x 3

020

3850 x 3170

KITCHEN

DINING

LIVING

LIVING5250 x 7790

2750 x 1900

2750 x 1900

2750 x 1900

2750 x 1875BATH

BATH

4000 x 3020

5100 x 7790

DINING

UNIT 1.03AREA: 82 m2

BEDS: 2


BEDS: 2


BEDS: 1


BEDS: 1


1 : 100

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4.5m

Wav

erle

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CP

4.5m

Wav

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y D

CP


16,385 37,800

11,2

50

16,130 3,400RL 85.300


AA

B

B

SECONDFLOORLOBBY

F

FF

F

RL 86.400





TILE ROOF



BALCONY

UNIT 2.01

UNIT 2.02UNIT 2.03

UNIT 2.04

C/P

BALCONY

LIFTBED

LOUNGE

LOUNGEDINING

DIN

ING

LIVING

BALCONY

BALCONY

BED

ENS

BED BED

ENS

BATH

BATHLDYLDY

LDYLDY

BED

KITC

HEN

DINING

LOUNGE

KITCHEN

BATH

BATH

H: 87.80S: 86.31

H: 87.70S: 86.70

H: 87.56S: 86.31

H: 87.56S: 86.31

H: 87.56S: 86.31

H: 87.77S: 86.74

H: 87.88S: 86.31

H: 87.77S: 86.71

H: 87.77S: 86.71

H: 87.85S: 88.46

H: 86.91S: 85.98

H: 87.25S: 85.98

H: 87.17S: 85.80

H: 87.19S: 85.84

H: 86.88S: 85.88

H: 86.88S: 85.88

H: 87.29S: 85.92

H: 87.29S: 85.92

ST

ST

RIS

ER

3650 x 3170 3650 x 3170

1500

x 3

020

3650 x 3170

8050 x 4775

3650 x 3120

KITC

HEN

8050 x 5675

DIN

ING

KITC

HEN

5150 x 3120

3120 x 1850

8200 x 5200

6550 x 5250

2750 x 1900

2750 x 1900

2750 x 1900

2750 x 1875


BEDS: 3


BEDS: 3


BEDS: 3


BEDS: 1


1 : 100

185

















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4.5m

Wav

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4.5m

Wav

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16,385 37,800

11,2

50


AA

B

B



TILE ROOF

RL: 93.508 RL: 92.598

RL: 89.550 RL: 90.500

RL: 90.434 RL: 90.434

RL: 92.536 RL: 92.541

RL: 91.690

RL: 92.618

RL: 90.639



LOUVRES LOUVRES



67-69 PENKIVIL STPROPOSAL

FALL

FALL

SKY/L SKY/L

SKY/L

SKY/L

SKY/L

SKY/L SKY/L

SKY/L

SKY/L

SKY/L

ROOF BELOW

LIFT OVERRUNBELOW

GUTTER GUTTER

GUTTERGUTTER

PEN

KIVI

L ST

REE

T

GUTTER


1 : 100

186

















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4.5m

Wav

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CP

4.5m

Wav

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CP


11,2

50

16,385 37,800

1,550

2,70

0

RL 89.500


UNIT 2.04- UpperAREA: 22 m2

BEDS: 3

AA

B

B



TILE ROOF

RL: 89.550RL: 90.050

RL: 90.434 RL: 90.434

RL: 92.536 RL: 92.541

RL: 91.690

RL: 92.618

RL: 90.639





VOID

UNIT 2.04UPPER

LIFTOVER RUN

VOID

VOID

VOID

VOID

UNIT 2.03 UPPER

BED

BATH BED

BEDBED

UNIT 2.02-UPPER

ENS

BALCONYBALCONY

ENS

SKYSKY

SKY

SKYSKY

H: 89.87S: 88.72

H: 90.16S: 88.53

H: 89.87S: 88.53

H: 89.94S: 88.25

H: 89.94S: 88.25

H: 90.03S: 88.66

H: 90.04S: 88.66

H: 89.69S: 88.67

ST

4350 x 4150

4350 x 3450

4000 x 1500

3950 x 4350

3250

x 1

600

3250 x 37003380 x 3700

GUTTER

UNIT 2.03-UpperAREA: 43 m2

BEDS: 3

UNIT 2.02-UpperAREA: 51 m2

BEDS: 3


1 : 100

187
















ENERGY OPTIONS - Common Areas'COMMON AREAS' IDENTIFIED: Car-park; Garbage Room; plant room ground floor lobby; hallways.LIGHTING: Fluorescents to car-park with motion sensors; compact fluorescents to garbage & plant rooms with manual switches. Compact fluorescents to lobbies/hallways with motion sensors.LIFT SYSTEM: HydraulicCENTRAL WATER HEATING: Gas fired storage (manifolded); min. R0.6 insulation to internal piping.VENTILATION: No mechanical ventilation to 'common areas'. DA20_A

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EAST ELEVATION

PLOTTED: 11/19/2015



93.07092.541

91.927

2,380 4,500 4,500 3,050

EXISTING BUILDING LINE

ALUMINIUM DRESS CHANNEL

CONCRETE DRIVEWAY

CONCRETE DRIVEWAY

BOUN

DARY

BOUN

DARY

OU

TLIN

E O

F EX

ISTI

NG

BU

ILD

ING

WAV

ERLE

Y C

OU

NC

IL C

ON

TRO

L EN

VELO

PE



TILE ROOF

92.692

89.550

90.500

CT1

GL2

SC1

CL1

BL1

CL4

FG FG FG

FG FG FG

FGFGFG

FG

FG



+76.800BASEMENT FLOOR

+80.200GROUND FLOOR

+83.300FIRST FLOOR

+86.400SECOND FLOOR

+89.500THIRD FLOOR

+92.600ROOF LEVEL

Ceramic Tile Type 1:Colour to match whiteCT1

CL1Cladding , Type 1:Standing Seam Aluminium CladdingColour to match charcoal grey

Glass, Obscure, Type 1:Glass, obscure with white ceramic fritt screen tosuit Basix report requirements.Framing system, aluminium, powder coat finish.Framing colour to match charcoal grey

GL1Balustrade, Type 1:Steel palacade style balustrade.Dulux Ferrodor 801, Natural Grey Finish

BL1

Legend :External Materials and finishes

Glass, Clear, Type 2:Glass, clear to suit Basix report requirements.Framing system, aluminium, powder coat finish.Framing colour to match charcoal grey

GL2

Cladding, Type 2Timber Panel CladdingTeak

CL2

Cladding, Type 3Metal sandwich panelColour to match charcoal grey

CL3 Balustrade, Type 2:Semi frameless clear glass balustrade.BL2

Screen, Type 1:Vertical aluminium screenpowdercoat finish, colour to match CL3

SC1

Cladding, Type 4:Metal sandwich panelColour Red

CL4


1 : 100

188

















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WEST ELEVATION

PLOTTED: 11/19/2015



104.320

86.400

80.200

4,500 4,500

ALUMINIUM DRESS CHANNEL

BOUN

DARY

BOUN

DARY

12.5m LEP HEIGHT LIMIT

9.5m

DC

P SI

DE

WAL

L H

EIG

HT

LIM

IT

OU

TLIN

E O

F EX

ISTI

NG

BU

ILD

ING

WAV

ERLE

Y C

OU

NC

IL C

ON

TRO

L EN

VELO

PE


+80.200GROUND FLOOR

+83.300FIRST FLOOR

+86.400SECOND FLOOR

+89.500THIRD FLOOR

+92.600ROOF LEVEL

64 PENKIVIL ST9 STOREY APARTMENT BUILDING

FLAT ROOF

90.500

89.550

93.510

GL2

CT1

SC1

BL2

CL4FG FG

FGFGFG

FG FG





BL1



GL2


CL2




SC1


CL4


1 : 100

189

















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NORTH ELEVATION

PLOTTED: 11/19/2015



92.598

76.800

80.150

86.400

105.635

109.635

107.135

91.635

88.097

89.550

750

1,40

065

097

592

560

075

060

0

1,90

0

800

925

400

90.500

EXIT 02

BOUN

DARY

BOUN

DARY


9.5m DCP SIDE WALL HEIGHT LIMIT


WAV

ERLE

Y C

OU

NC

IL C

ON

TRO

L EN

VELO

PE



TILE ROOF

93.51093.081

82.300

950

950

600

CL3

CL2

CL1

CL1

CT 1

CL3

BL2

CL4

BASEMENTCARPARK

DEEP SOIL

138 BONDI RD

PENKIVIL STREET


+80.200GROUND FLOOR

+83.300FIRST FLOOR

+86.400SECOND FLOOR

+89.500THIRD FLOOR

+92.600ROOF LEVEL





BL1



GL2


CL2




SC1


CL4


1 : 100

190

















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SOUTH ELEVATION

PLOTTED: 11/19/2015



93.50892.598

76.800

80.200

112.110

108.110

109.061

104.598

95.11094.378

1,90

0975

800

400

975

925

600

1,67

42,

015

1,70

0

1,90

092

597

51,

200

BOUN

DARY

BOUN

DARY




WAV

ERLE

Y C

OU

NC

IL C

ON

TRO

L EN

VELO

PE

92.956

400

2,50

0 SERVICES

MAIL

CL3

CT1

GL2

GL2

CL3

CL1

GL1

BASEMENTCARPARK

COMMUNAL COURT

FG

FGFG

DEEP SOIL

FGFG

OBSCUREGLASS

SKYLIGHT

PENKIVIL STREET



70 ANGLESEA ST


+80.200GROUND FLOOR

+83.300FIRST FLOOR

+86.400SECOND FLOOR

+89.500THIRD FLOOR

+92.600ROOF LEVEL





BL1



GL2


CL2




SC1


CL4


1 : 100

191

















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CROSS SECTION A

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93.414

92.505

89.500

86.400

83.300

80.200

76.800

92.8405,737 93.460

BOU

ND

ARY

BOU

ND

ARY




WAV

ERLE

Y C

OU

NC

IL C

ON

TRO

L EN

VELO

PE

2,75

02,

750

2,75

03,

100

3,15

330

0

BASEMENTCARPARK

UNIT G.01UNIT G.04

COMMUNAL COURT

UNIT 1.04 UNIT 1.01

UNIT 2.02

UNIT 2.04UPPER

TERRACE

BALCONY

BALCONYBALCONY

BALCONY

UNIT 2.01UPPER

UNIT 2.03UPPER

GARBAGE

PENKIVIL STREET


+80.200GROUND FLOOR

+83.300FIRST FLOOR

+86.400SECOND FLOOR

+89.500THIRD FLOOR

+92.600ROOF LEVEL


1 : 100

192

















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CROSS SECTION B

PLOTTED: 11/19/2015



92.73692.736

89.55089.661

92.591

90.483

93.070

90.638

86.400

83.300

80.200

76.800

89.500

4,545 4,5002,450NEIGHBOUR 3,090NEIGHBOUR

90.500

AWNING

BOU

ND

ARY

BOU

ND

ARY

OU

TLIN

E O

F EX

ISTI

NG

BU

ILD

ING

WAV

ERLE

Y C

OU

NC

IL C

ON

TRO

L EN

VELO

PE

+76.8001 BASEMENT FLOOR

+80.2002 GROUND FLOOR

+83.3003 FIRST FLOOR

+86.4004 SECOND FLOOR

+89.5005 THIRD FLOOR

+92.6006 ROOF LEVEL

BASEMENTCARPARK

UNIT G.01

UNIT 1.01

UNIT 2.01

UNIT 1.02

UNIT G.02

UNIT 2.02

UNIT 2.02UPPER


1 : 100

193

2 x 140L SULO BINS FOR SHOP

APPROX POSITION OF CONDENSING FOR

REFRIGERATION OF THE COOLROOM

2 X 140L SULO BINS FOR DWELLING

196

Application number DA-412/2015

Site address 261 Bondi Road, Bondi

Proposal Change of use and fit-out for a retail liquor shop on ground floor and additions to first floor level of shop top housing development

Date of lodgement Originally submitted on 11 September 2015

Additional information submitted on 23 March 2016

Owner Mr C Lowe

Applicant Kallin Pty Ltd

Submissions Nine submissions

Cost of works $30,000

Issues Residential amenity, public interest and social impacts

Recommendation That the application be APPROVED subject to conditions contained in the report.

Site Map

197

1. PREAMBLE

1.1 Site and Surrounding Locality A site visit was carried out on 23 December 2015. The site is identified as Lot A in DP 106085, known as 261 Bondi Road, Bondi. It is located on the southern side of Bondi Road between Boonara Avenue and Denham Street. The site is rectangular in shape with frontages to Bondi Road and rear laneway (unnamed) each measuring 3.6m. The site has an area of 158.5m2 and is generally flat. The site is occupied by a two storey shop top housing development with vehicular access provided from rear laneway (unnamed) to a single vehicle garage. The ground floor level of the development comprises a retail tenancy fronting Bondi Road and the first floor level of the development comprises a dwelling with internal access. The subject site is adjoined by two storey shop top housing development on either side. The locality is referred to as the ‘Bondi Road Village’ and is characterised by a mix of commercial and medium density residential development, including shop top housing and residential flat buildings.

Figure 1: Bondi Road frontage of site (centre of photo), looking south from footpath on northern

side of Bondi Road

198

Figure 2: Rear laneway frontage of site, looking north

Figure 3: Northern profile of existing garage and part of the rear courtyard, looking south from the

rear courtyard

199

1.2 Relevant History A search of Council’s records reveals the following recent and relevant development history of the site:

DA-97/2003 for change of use to a newsagency was approved on 12 March 2003. The following conditions of consent control the operations of the use:

o Condition 3 limits the number of employees to three o Condition 4 limits the hours of operation between 6am and 6pm, Monday to Friday,

and 6am and 1:30pm, Saturday and Sunday. In relation to the subject application, Council deferred the application on 12 February 2016 to seek additional information from the applicant. The matters outlined in the deferral letter dated 12 February 2016 are extracted as follows: 1. Details and location of necessary mechanical plant to operate the portable cool room are

required. An assessment should also be made of potential noise impacts on adjoining residences arising from the use of the cool room and whether mitigation measures are necessary to offset any adverse noise impact.

2. Details of loading and unloading arrangements from Boonara Lane are required, including (but not limited to) the anticipated location of where delivery vehicles will be parked in the carriageway of Boonara Lane and the anticipated frequency of deliveries. Please note that much of Boonara Lane is ‘no parking’.

3. Council’s Senior Building Surveyor – Fire Safety requires the following prior to the application

being determined to ascertain whether the existing building should be brought into total or partial conformity with the Building Code of Australia in accordance with clause 94 of the Environmental Planning and Assessment Regulations 2000: a. Engage the services of a suitably qualified Building and Fire Safety Consultant (i.e. Building

Surveyor/Accredited Certifier) to undertake a Building Code of Australia (BCA) assessment of the existing building against the deemed-to-satisfy provisions of Sections C, D, E and F of the BCA.

b. The appointed Building and Fire Safety Consultant is to incorporate the findings/results of the fire safety audit of the subject premises into a BCA/Fire Safety Upgrade Report. The report must set out a strategy, scope of works and recommendations in order to provide the premises with adequate means of fire safety to prevent fire, suppress fire, prevent the spread of fire and ensure or promote the safety of persons in the event of fire. Please note that where Building Solutions contained within the Building Code of Australia are not applied in the Fire Safety Upgrade Report to address a non-compliance identified during in the fire safety audit of the premises, such non-application must be justified.

All new works must fully comply with the provisions of the BCA and the subject report must clearly reflect this. NB. For a current list of Accredited Certifiers please visit www.bpb.nsw.gov.au or telephone the Building Professionals Board on (02) 9895 5928 or (02) 9895 5950.

c. A schedule of proposed Essential Fire Safety Measures for the proposed building, including their standard of performance, must be included in the BCA Report.

4. An elevation of the shopfront of the ground floor tenancy should be prepared (i.e. northern

elevation), detailing any signage that would not otherwise be classified ‘exempt’ or ‘complying’ development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

200

5. The plans should delineate where residential and commercial waste bins will be stored on the

site. The amount of storage space for the bins should reflect the requirements under Part B1 of Waverley Development Control Plan 2012.

Council received additional information on 23 March 2016, which responded to the deferral matters. The additional information was notified to surrounding properties for 14 days. Please refer to section 2.4 of this report regarding the issues raised in submissions received.

1.3 Proposal The application seeks development consent for the following:

change of use of the ground floor retail tenancy of the development from newsagency to retail liquor store (i.e. from one ‘shop’ or ‘retail premises’ use to another)

fit out works of the tenancy for the purposes of the proposed liquor store, including provision of shop fixtures, refrigerated cabinets and display units

provision of portable cool room in the rear courtyard internal alterations of building, including demolition of internal stair and provision of a study

nook on first floor level construction of a raised deck accessed from the first floor level of the building at the rear to

provide for the entry point of the dwelling on first floor level from the rear laneway construction of new stair connecting the rear courtyard and proposed raised deck to residence

on first floor. The hours of operation of the proposed liquor store are 10am to 10pm, seven days a week. The anticipated number of employees in the store is one during regular trade and a maximum of two during busier trade periods. Additional staff (i.e. greater than two) may be required before and during holiday periods, such as the Christmas and New Year period. The Statement of Environmental Effects identifies the proposed liquor store will be operated by the Chambers Cellars chain. Chambers Cellars intended to operate a liquor store at Shop 26 of the recently constructed mixed use development at 310-330 Oxford Street, Bondi Junction, which received development consent (known as DA-464/2014 and dated 25 February 2015) for the purposes of a retail liquor store. A packaged liquor licence to operate the liquor store by Chambers Cellars was refused by the NSW Independent Liquor and Gaming Authority (ILGA), which is the regulatory authority responsible for granting liquor licences. In making their determination of the application, ILGA provided a 20page ‘Statement of Reasons’ for refusal of the liquor licence application, which concluded that:

“139. Considering the benefits and negative impacts together, the Authority is not satisfied, on the material before it, that the overall social impact of granting this type of licence to a business located at this particular site will not be detrimental to this local community. 140. In making the decision, the Authority has had regard to all the objects and considerations prescribed by section 3 of the [Liquor] Act, but has given weight to section 3(2)(a) – the need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour) and section 3(2)(c) – the need to ensure that the sale, supply and consumption of liquor contributes to, and does not detract from, the amenity of community life.”

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


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

2.1.2 SEPP 64 Advertising and Signage No details of signage have been submitted with the application, however the applicant has expressed through the additional information submitted on 23 March 2016 that any signage associated with the proposed use will fall within the scope of exempt development under SEPP (Exempt and Complying Codes) 2008, which would not require development consent.

2.1.3 SEPP (Infrastructure) 2007 Bondi Road is deemed a ‘classified road’ under the Roads Act 1993 by the NSW Roads and Maritime Services. The site fronts Bondi Road and therefore the application is required to be assessed against clause 101 of SEPP (Infrastructure) 2007. The proposal does not constitute new development or redevelopment and does not provide vehicular access from Bondi Road to the site. It will therefore not have any effect on the safety, efficiency and ongoing operation of Bondi Road. Further, the proposed retail use will not be sensitive to traffic noise and vehicle emissions arising from Bondi Road.



Part 1 Preliminary

1.2 Aims of plan Yes The proposal meets the aims of Waverley LEP

2012. Part 2 Permitted or prohibited development

Land Use Table B4 Mixed Use Zone

Yes

The proposed change of use is broadly defined as ‘retail premises’ and specifically defined as a ‘shop’, which are permitted uses with consent in the B4 zone.

The proposed physical works are defined as alterations and additions to shop top

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housing development. ‘Shop top housing’ is permitted with consent in the B4 zone.

The proposal satisfies the objectives of the B4 zone in that it provides for a mix of compatible land uses within the Bondi Road corridor and utilises the site’s access to frequent bus services operating along Bondi Road.


4.3 Height of buildings 9m

Yes

The proposed physical works to the rear of the shop top housing development has an overall building height of approximately 5.4m, measured to the top of the timber pattern privacy screen from ground level (existing) directly below. The overall building height of the shop top housing development remains unchanged.

4.4 Floor space ratio 1:1

Yes

The proposal involves additional gross floor area as a result of the cool room and removal of the internal stair. The overall gross floor area of the development is 155.2m2, which achieves a floor space ratio of 0.979:1. The additional gross floor area will not discernibly change the perceived building bulk and scale of the development.


The relevant matters to be considered under the Waverley DCP 2012 for the proposed development are outlined below: Table 2: Waverley DCP 2012 – Part B General Provisions Compliance Table


1. Waste

Yes

A Site Waste and Recycling Management Plan has been submitted with the application.

The proposed liquor store is expected to generate less than 50L of waste and less than 25L of recyclables on a daily basis according to the rates outlined in Annexure B1-2 of Part B1 of Waverley DCP 2012. Four 140L Sulo bins are proposed for the whole development, including two bins for the shop and two bins for the dwelling of the development.

The indicative plan submitted with the additional information received on 23 March 2016 identifies the areas where the

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bins will be stored in the rear courtyard of the site (i.e. adjacent to the garage and under the external stair). These areas are considered sufficient to store the bins, subject to conditions.

2. Energy and water conservation Yes Satisfactory.

6. Stormwater

Yes

The proposal does not result in additional impervious area of the site and does not extend the roof profile of the existing development. Therefore, the proposal does not require on-site stormwater detention and/or full assessment against Council’s Stormwater Policy.

7. Accessibility and adaptability

Yes (by condition)

Conditions are recommended to comply with the relevant requirements of the DDA Act 1992, relevant Australian Standards and the BCA.

8. Transport The site is located in

‘Parking zone A’ Parking rate for retail use

is: o Minimum: Nil o Maximum: 2/100m2

of GFA Parking rate for

residential use is: o Minimum: Nil o Maximum: 1.4

ne bicycle space required One loading space

required

Yes

No

(acceptable on merit)

No

The proposal is not ‘new development’ or considered ‘reconstruction’ of the building, rather it is characterised as a change of use from one retail premises use to another. In accordance with control (a), the parking rate required for the new use is the difference between the parking rates required for the current and proposed uses. In this case, a minimum rate of nil and a maximum rate of two spaces apply to the retail and minimum rate of 0, maximum rate of 1.4 spaces apply for the residential component. The site comprises one off-street car parking space, compliant with the control.

The proposal does not provide space for bicycle parking/storage. Given the nature of the proposed use of the retail tenancy as an outlet for packaged liquor, the requirement for bicycle parking is not necessary for visitors.

The site has excellent access to frequent bus services that will compensate for the limited parking on-site and bicycle spaces for the retail tenancy. The proposed liquor store is expected to predominantly cater for the immediate surrounding area and as such its principal patronage will be surrounding residents who are in walking distance to the store or can utilise existing street parking in the vicinity.

The proposal does not provide for a formal loading facility or space; however the site

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has rear lane access (i.e. from Boonara Lane). The Statement of Environmental Effects and additional information received on 23 March 2016 mentions that all deliveries will be made from Boonara Lane and goods will be delivered from the vehicles to the store manually or by using hand barrows or pallet jacks. The majority of delivery vehicles would be typically smaller vehicles, such as Toyota HiAce vans, and some other delivery vehicles would be up to 8m long. The deliveries will be made during ordinary business hours and are not expected to be made every day. The anticipated duration of the deliveries is 15 minutes as experienced with other Chamber Cellars’ stores.

Alternative locations for deliveries, such as Bondi Road, are not considered appropriate as it would cause greater impact on traffic movement and availability of on-street car parking. Further, deliveries could not be made from Bondi Road given the bus zone directly in front of the premises.

Due to the loading/unloading of the commercial component having greater impact to surrounding road system (noting there is a bus stop on Bondi Road frontage and no parking on rear laneway), there is limited opportunity for parking of vehicles associated with retail use. Therefore, to avoid double parking illegally in rear lane, it is recommended a condition be imposed that the existing car space at the rear be used by the retail component/tenancy for the purposes of loading/unloading to occur on-site utilising the existing space, with small vehicles, during approved hours of operation. A condition to this effect is recommended.

10. Safety

Yes

The proposal does not affect the Bondi Road shopfront of the building. It therefore does not change the perceived level of safety of the retail tenancy of the building. The proposed raised deck to the rear of the development provides further casual surveillance of the rear lane.

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The proposed deck, associated privacy screen and external stair are assessed against Part C2 of Waverley DCP 2012 as these are works relating to ‘shop top housing’ development. The assessment of these works is set out in Table 4 below. Table 3: Waverley DCP 2012 – Part C2 Multi Unit and Multi Dwelling Housing Compliance Table


2.5 Setbacks

2.5.2 Side and rear setbacks Minimum side setback:

no prescribed setback for shop top housing in B4 zone.

Minimum rear setback:

6m

Acceptable

on merit

Yes

The proposed raised deck is not set back from the western boundary of the site and is set back approximately 1.7m from the eastern boundary of the site. While there are no prescribed minimum side setbacks applying to the proposal, the siting of the deck is considered satisfactory as it has no significant bearing on the perceived building bulk and scale of the development when viewed from Boonara Lane given the deck is of a light-weight design. Further, the side elevations of the deck will comprise a 1.7m high timber batten privacy screen which will assist to protect the visual privacy of the adjoining properties to the east and west of the site at 263 and 259 Bondi Road, respectively.

The proposed deck is set back approximately 7.1m from the rear, southern boundary of the site.

2.8 Building design and streetscape

Respond to streetscape Sympathetic external

finishes

Yes The proposed rear deck utilises light-weight material (i.e. timber) and is designed in a similar fashion as other decks at adjoining properties. It will therefore not appear unsightly when viewed from rear lane.

2.14 Private open space

Minimum of 75% of dwellings to have private open space

Accessed from main living area

Yes The proposed deck modestly increases the overall amount of open space afforded to the dwelling of the shop top housing development. It provides for better private open space for the dwelling given that the ground level courtyard is partially used as rear pedestrian access to and from the retail tenancy on ground floor level and accommodates the proposed cool room associated with the proposed liquor store.

2.14.2 Balconies/Decks Minimum area: 10m2 Minimum depth: 2.5m

Yes

The proposed deck has an approximate area of 11.7m2 and is 4m deep.

2.15 Solar access and overshadowing

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Minimum of three hours of sunlight to a minimum of 70% of units during winter solstice

Adjoining properties to retain minimum of three hours of sunlight during winter solstice

Yes The proposed deck is not expected to result in discernible additional overshadowing of the rear courtyard of the site and adjoining properties.

2.16 Views and view sharing

Minimise view loss

Yes The proposed deck and associated privacy screen is not expected to adversely impact on views that may be available across the site from adjoining properties.

2.17 Visual privacy and security

Mitigate overlooking of adjoining properties

Yes (by condition)

The visual privacy of the adjoining property to the west of the site will be maintained as the proposed deck will comprise a sufficiently-sized privacy screen along its western edge. The proposed external stair has the ability to overlook the adjoining property to the east of the site at 263-265 Bondi Road, particularly the adjacent windows of the development at that adjoining property that face the proposed external stair. In order to mitigate potential overlooking arising from the stair, a condition of consent is recommended to require a privacy screen to be erected along the eastern and northern edges of the external stair with a height of 1.7m above the level of each riser of the stair.

Table 4: Waverley DCP 2012 – Part D1 Commercial and Retail Development Compliance Table


1.1 Design

N/A These controls primarily apply to new buildings. 1.2 Noise

Yes (by condition)

The proposed cool room is located outside of the building and in the rear courtyard. The additional information received on 23 March 2016 includes a plan that identifies the indicative location of mechanical plant associated with the operation of the cool room being on ground level and between the cool room and the existing garage. The additional information mentions the type of mechanical plant is unknown at this stage, however it is likely to be the same size as a domestic split system air-conditioning condenser unit, which is a low noise

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source. A condition of consent is recommended to require an acoustic report to be prepared prior to the release of a construction certificate to assess the noise impacts of the cool room against the relevant standards by the NSW Environmental Protection Authority. Alternatively, the cool room plant is to be located internal of the building. Further conditions are recommended to ensure that any noise arising from the cool room is within acceptable limits in order to not adversely affect the amenity of surrounding residences.

1.3 Hours of operation

General base trading hours in B4 Zone: Mon to Sat: 7am to

11pm Sun: 7am to 10pm

Yes The proposed trading hours for the liquor store are 10am to 10pm, seven days a week. The trading hours are within the general base trading hours prescribed by Waverley DCP 2012.

1.4 Restricted premises

Yes This section of Part D1 of Waverley DCP 2012 has controls for licensed premises with regard to protecting the amenity of surrounding residents. These controls can apply to considering the amenity impacts of the proposed liquor store. Refer to detailed discussion on this issue.

Table 5: Waverley DCP 2012 – Part E3 Local Village Centres Compliance Table


3.1 Specific controls

Bondi Road Village

Yes The proposal meets the desired future character objectives of the Bondi Road Village set out under section 3.1.5 as the proposed retail use contributes to the role and character of Bondi Road as a local shopping village.

3.2 Generic controls

3.2.1 Land uses Yes The proposal maintains the retail use of the ground floor level of the development.

3.2.2 Public domain interface N/A No change to the Bondi Road shopfront of the development.

3.2.3 Built form N/A No change to the built form and appearance of the development when viewed from Bondi Road.

3.2.4 Building facade articulation

N/A No change to the building facade of the development when viewed from Bondi Road.

3.2.5 Buildings of historic character

N/A No change to the building form, fabric and detailing of the development when viewed from Bondi Road.

3.2.6 Building services and site facilities

Yes The proposal maintains the bin storage area in the rear courtyard of the site.

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The following is a detailed discussion of the issues identified in the compliance tables above in relation to the Waverley DCP 2012. Consideration of amenity impacts While the proposed use is defined as a ‘shop’ and ‘retail premises’ under Waverley LEP 2012, the use is considered a ‘licensed premises’ for the purposes of it being assessed against section 1.4 of Part D1 of Waverley DCP 2012. Control (a) under section 1.4 lists controls in relation to licensed premises to guide the merit assessment of the potential amenity impacts associated with proposed use. The control is extracted as follows:

(a) Where a proposed development includes a restricted premises, sex services premises or

licensed premises the following details must be taken into consideration in the assessment of the proposal:

i. The nature and operation of the proposed uses; ii. Measures to be used for ensuring adequate safety, security and crime prevention both

in the site of the premises and in the public domain immediately adjacent to, and generally surrounding the premises;

iii. Proposed hours of operation; iv. The size and intensity of the proposed development having regard to the number of

people who will work in the premises; v. Proposed management;

vi. Whether the uses is proposed to be licensed; vii. Whether live entertainment is proposed;

viii. The proximity, location and impact of the proposed uses on schools, places of pubic worship, community facilities, major transport, residential buildings and places frequented by children; and

ix. The likely impact on the amenity and desired future character of the street and area. An assessment of the above considerations is as follows:

The nature and operation of the proposed use are considered acceptable subject to appropriate conditions of consent being implemented to control its ongoing use.

The applicant has indicated through their Plan of Management submitted with the application that no security staff will be employed; however CCTV coverage is proposed which would monitor the entrance, the cash register and the aisles of the shop to prevent theft. The CCTV would operate for the hours of the shop and be retained for a 30 day period.

The site is approximately 80m west of The Royal Hotel, which incorporates a packaged liquor retail outlet, and is approximately 430m east of Kemenys Food and Liquor Store. The presence of these liquor stores does not necessarily pose a security threat to the proposed use.

The hours of operation comply with the base trading hours prescribed by the DCP for the B4 zone.

One and two people will be employed at the premises at any one time (with additional staff over the holiday periods).

The applicant has provided a basic plan of management with the application and this can be updated prior to commencement of operations, via condition.

The premises will require an application for a liquor licence under the Liquor Act 2007 to Liquor and Gaming NSW. There are set criteria under the Liquor Act 2007 in determining whether the premises is suitable for being granted a liquor licence having regard to community and social impact associated with the proposed liquor store. To date, Council has not been notified of a forthcoming liquor licence application for the premises (however it would be inevitable upon consent being granted).

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Live entertainment has not been applied for and is deemed inappropriate for the premises. The shop is located in the eastern end of the Bondi Road Village, which is linear corridor

containing a mix of commercial and residential uses centred along Bondi Road. There are no specific sensitive land uses in close proximity to the site, such as child care centres, schools, playgrounds and other places frequented by minors.

The proposed liquor store is permitted within the B4 Mixed Use Zone, satisfies the objectives of the zone and its proposed trading hours are within the general base trading hours prescribed by Waverley DCP 2012. On this basis, the proposal is considered to be consistent with the desired future character of the Bondi Road Village and will not result in adverse amenity impacts, subject to appropriate conditions of consent controlling its operations.

The proposed use is considered consistent with the objectives of the controls and in keeping with the character of the mixed use nature of the Bondi Road Village. The social impacts on the amenity of the locality are considered within the realms of section 79C (1) of the Environmental Planning and Assessment Act 1979, which is set out in section 2.2 of the report. Further and detailed consideration of the social impacts of the proposed use will be considered by NSW Government regulatory authorities, such as Liquor and Gaming NSW and the NSW Independent Liquor and Gaming Authority (ILGA) when assessing a forthcoming liquor licence for the premises. In the interim, the proposed use is deemed satisfactory for the purposes of assessing the location of the premises does not negatively impact on the surrounding neighbourhood under section 1.4 of Part D1 of Waverley DCP 2012.

2.2 Section 79C(1)(b) – Other Impacts of the Development The proposed development is capable of complying with the BCA. It is considered that the proposal will have no significant detrimental effect relating to natural and built environment and adverse economic impacts on the locality, subject to appropriate conditions being imposed. The social impacts of the proposed change of use are only assessed purely based on the land use definition of the proposed use as a ‘shop’ or ‘retail premises’ and not specifically on the product or goods the premises will sell to the public. The liquor licence approval process conducted by Liquor and Gaming NSW and overseen by ILGA will deal with the community and social impacts of the proposed liquor store in detail and within a wider scope of criteria under the Liquor Act 2007. That process will determine whether the location of the proposed liquor store is appropriate based on its community and social impacts. Council received raw and analysed statistics and spatial mapping of alcohol-related incidents within the Waverley local government area (Waverley LGA) from the Licensing Supervisor of the Eastern Suburbs Local Area Command (the Police) to support the Police’s objection to the application. Refer to section 3.1 of the report regarding the Police’s referral comment. The findings from the refusal of the packaged liquor licence for the premises at Shop 26 at 310-330 Oxford Street, Bondi Junction have been appropriated by the Police to support their objection to the proposed liquor store on social impact grounds. The majority of the findings or reasons of refusal of the application ILGA applied relate to area-specific issues in the Bondi Junction area. Therefore, the outcome of the application has limited bearing on the assessment of the social impacts arising from the subject proposed liquor store in this location and cannot be relied upon to refuse development consent to the proposal on the basis of social impacts. A formal study has not been prepared on the correlation between existing licensed premises in the Bondi Road Village and in the immediate vicinity of the subject site and the incidence of crime and anti-social behaviour, as opposed to Bondi Beach and Bondi Junction precinct which have been better examined in relation to this matter.

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Despite the presence of data and analysis provided by the Police, Council is unable to accurately qualify the anticipated social impacts of the proposed liquor store in this locality in the absence of definitive research and evidence that empirically demonstrates that liquor stores specifically correlate to the incidence of alcohol-related assaults and criminal activity within the immediate and wider locality. While data and literature do suggest there is a correlation between the sale of alcohol, domestic violence, criminal activity and anti-social behaviour, Council does not have a formal policy framework and the in-house expertise to accurately assess the social impact aspects of liquor stores, particularly in areas outside of the commercial centres of Bondi Junction and Bondi Beach, in order to determine whether the location of such stores are considered appropriate within a particular locality or whether that location has reached its ‘saturation’ point of liquor outlets. The existing retail tenancy benefits from development consent for retail use, specifically for a newsagency with hours of operation restricted by Development Consent No. DA-97/2003. A change of use from one retail premises use to another, including a liquor store, of the tenancy can be classified ‘exempt development’ under SEPP (Exempt and Complying Development Codes) 2008 provided any new retail use operates within the hours of operation restricted by DA-97/2003. Further, a new use of a retail premises as a liquor store can also be classified ‘complying development’ under SEPP (Exempt and Complying Development Codes) 2008. Therefore, the several planning approval pathways available for the proposed liquor store to follow weaken the ability and validity for Council to refuse development consent to the liquor store. Accordingly, the proposal has been considered against the confines of section 79C (1)(b) of the Act and its social impacts are deemed satisfactory from a planning perspective.

2.3 Section 79C(1)(c) – Suitability of the Site for the Development The site is considered to be suitable for the proposed development having regard to the mixed use character of its immediate area and its zoning that permits shops.

2.4 Section 79C(1)(d) – Any Submissions The application was notified for 14 days and a site notice erected on the site in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development. Nine submissions were received from the following properties and organisations and committees:

Bondi Beach Precinct Committee 5/278 Bondi Road, Bondi 283 Bondi Road, Bondi The Royal Hotel 3 Miller Street, Bondi 816/212 Bondi Road, Bondi 7/256 Bondi Road, Bondi Employee of ‘local business’ 32 Denham Street, Bondi.

The additional information submitted on 23 March 2016 was notified for 14 days from 29 March 2016 and one submission from the Royal Hotel was received. The main issues raised in the submissions are summarised and discussed below. Issue: The proposed liquor store will contribute to crime, anti-social behaviour and loss of amenity

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Response: Noted. The submission from the Bondi Beach Precinct Committee includes a report from Council’s Community Safety Advisory Committee Meeting of 21 June 2011 and a submission to the Allen Consulting Group, who conducted a study of the cumulative impact of licensed premises in NSW, to justify the Precinct Committee’s opposition to the proposal on the basis that the proposed liquor store will contribute to crime, anti-social behaviour and loss of amenity. The majority of the content of these documents relates to issues arising from licensed premises where alcohol is consumed on the premises rather than premises selling packaged liquor (consumed off-premise). The findings of these reports cannot be used as the sole basis to refuse development consent to the proposed liquor store. A basic plan of management of the store has been submitted with the application to detail the security measures and responsible serving of alcohol practices that will be employed by the operator of the store to minimise amenity impacts arising from the store. The Plan of Management will be adopted and implemented by way of condition of consent. The proposed hours of operation of the store comply with the general base trading hours prescribed by Waverley DCP 2012 and are consistent with the order from the NSW Government for all liquor stores across the State to close nightly at 10pm. Further, the store is permitted in the B4 zone and is consistent with the objectives of the zone. The proposed liquor store is not expected to cause adverse amenity impacts in the immediate locality. Issue: The location of the proposed liquor store is inappropriate due to the concentration of licensed premises and alcohol retail outlets in the immediate area (i.e. The Royal Hotel and bottle shops in the Bondi Beach area) Response: Noted. Council acknowledges the close proximity of existing liquor stores, however there are no ‘anti-clustering’ planning controls under any State environmental planning policy or Waverley LEP 2012 and Waverley DCP 2012 that would prevent another liquor store from being approved where there are existing liquor stores in close proximity. As discussed previously, the liquor store can be approved under the provisions of SEPP (Exempt and Complying Development Codes) 2008. Therefore, refusing development consent to the liquor store on the basis of it being located in close proximity to other liquor stores is unjustified. Issue: Proposal is not in the public interest Response: The proposal is assessed as not being contrary to the public interest given it is a permitted use in the B4 zone, satisfying the zone objectives and its satisfactory performance against planning controls under Waverley LEP 2012 and Waverley DCP 2012. Refer to further discussion on public interest in section 2.5 of the report. Issue: Lack of parking to service the shop Response: The proposed use is not required to have off-street car parking in accordance with Waverley DCP 2012, however the carspace at the rear will be conditioned for use for loading vehicles.

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Issue: The shop is small and will become unprofitable, leading to afterhours trading and underage drinking Response: This matter is presumptuous and is not deemed to be a reasonable basis for Council to refuse development consent to the proposed liquor store. Issue: Chamber Cellars is a national discount chain and will be competing against two established liquor stores in close proximity to the site Response: Noted. This matter relates to market competition and cannot be used as reasonable planning grounds to refuse development consent to the application. Issue: The proposal will lead to street littering Response: Noted. The proposed liquor store is not expected to contribute to any general litter problem in the immediate area. Notwithstanding, a condition of consent is recommended for the operator of the premises to conduct litter patrols in the general vicinity of the premises. Issue: Difficulty of unloading stock from Bondi Road and Boonara Lane Response: Noted. The applicant has indicated that loading and unloading will only occur from Boonara Lane, which is signposted as a ‘no parking’ zone. A condition of consent is recommended to reinforce this arrangement whereby the carspcae at the rear of the property is to be used for the loading and unloading of goods via small sized vehicles during approved hours of operation. The condition will also expressively prohibit any loading and unloading from Bondi Road. The frequency of loading and unloading is expected to be moderate. Further, the width of the road carriageway of Boonara Lane is deemed sufficient to accommodate loading trucks without affecting flow of traffic along Boonara Lane. Therefore, the proposed loading and unloading arrangements are not deemed to detrimentally affect the operation of Boonara Lane, subject to conditions being imposed. Issue: No existing use rights are available for a retail liquor store Response: This assertion is incorrect. The proposed liquor store does not rely on existing use rights to demonstrate its permissibility as it is a retail use permitted with development consent in the B4 zone. The subject application seeks to lawfully change the use of the retail tenancy of the development to an alternate retail tenancy. Issue: No additional infrastructure has been provided to accommodate the proposed intensification of the retail tenancy Response: The proposed liquor store is not considered to be an intensification of the existing development as it is a permitted use in the B4 zone and does not involve extensive enlargement of the retail tenancy of the development. The nil off-street car parking provision for the use is deemed acceptable with regard to the minimum off-street car parking rates prescribed by Waverley DCP 2012 (excluding rear car space to be conditioned for loading/unloading). The majority of patronage of the liquor store is expected to be surrounding residents who will most likely walk to access the store. Further, the store is smaller compared with the liquor store at The Royal Hotel and Kemeneys and its size is akin to a convenience store or neighbourhood shop. Therefore, the amount of traffic and parking demand generated by the proposed store would be less than that of The Royal Hotel and Kemeneys.

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The store is therefore not expected to generate additional demand for car parking and more broadly on the current capacity of local infrastructure and services. Issue: If the application is approved, Waverley Council would be approving illegal parking in Boonara Lane Response: This matter is presumptuous. Discussion on delivery of goods is set out in the body of the report. The applicant has adequately demonstrated delivery arrangements will not be dissimilar to that of surrounding retail and commercial premises that have access to Boonara Lane. Therefore, the proposal is not expected to cause adverse additional impacts on traffic movements along Boonara Lane subject to loading/unloading occurring via the rear carspace on-site. Issue: An acoustic report should be prepared in relation to the cool room Response: Agreed. A condition of consent is recommended for an acoustic report to be prepared prior to the release of a construction certificate to assess the noise impacts of the mechanical plant associated with the cool room. Issue: Fire safety matters Response: These matters have been considered by Council’s Fire Safety Officer and conditions of consent are recommended to require fire safety upgrades to the building.

2.5 Section 79C(1)(e) – Public Interest The public interest has been considered in the assessment of the application and sufficiently discussed in this report with regard to the proposal’s performance against relevant planning controls and its social impacts. There is an absence of sufficient, convincing and empirical evidence to suggest that the proposed liquor store in this location would be against the public interest within the realms of matters for consideration under section 79C(1) of the Act. The operator of the liquor store will be required to apply for a liquor licence and provide a community impact statement for the consideration of the NSW Government regulatory authorities to sell liquor. Conditions are recommended to ensure that the store operates in a manner that is not against the public interest.

3. REFERRALS

3.1 Eastern Suburbs Local Area Command The application was externally referred to the Eastern Suburbs Local Area Command of the NSW Police (the Licensing Police) as the proposal relates to a shop involving the sale of packaged liquor, which will eventually require a liquor licence to operate. The Police recommend that the application be refused on the basis of crime data from the NSW Bureau of Crime Statistics and Research relating to general assaults, incidents of domestic violence and alcohol related offences, and their own experience with underage, ‘pre-fuelling’ and ‘street’ drinking incidents within the Waverley local government area, specifically in Bondi Junction and Bondi Beach and the Bondi Road corridor that exists between these two localities. The attachments referred to in the Police submission are available on file. An extract of the Police referral comments is provided below:

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The Eastern Suburbs LAC ("Police") OBJECTS to the granting of the application and provides the following referral comments: 1. The applicant was previously issued development consent relevant to "shop fitout of a liquor shop" at Shop 26, 310-330 Oxford Street, Bondi Junction. DA-464/2014 relates and was issued by Waverley Council ("Council") dated 25 February 2015. Despite objections of the Police and the Bondi Junction Precinct Committee, a Council report states "the refusal of the application appears unjustified at this time". Council state that there is insufficient "convincing evidence" that granting the application would not be in the public interest and that "conditions are recommended" to ensure the Premises is operated in a manner "that is not against the public interest". 2. On the 6th of March 2015, the Independent Liquor & Gaming Authority ("Authority") received an application by the applicant seeking the grant of a new packaged liquor licence within the meaning of section 29 of the Liquor Act 2007. Despite development consent having previously been issued the Authority considered the application at its meeting on 26 August 2015 and after careful consideration of the application material and the submissions made in relation to the application, the Authority decided to refuse the application. Considering the benefits and negative impacts together, the Authority could not be satisfied, on the material before it, that the overall social impact of granting this type of licence to a business located at the site would not be detrimental to the local community. 3. Whilst Police acknowledge that the application before Council relates to a different location within the LGA, Police are of the view that the likelihood of adverse social impact which can result from this type of business (which was accepted by the Authority) is not dissimilar to that location in Bondi Junction. In certain respects it is considered that the proposed site may even amplify those harms. 4. In determining the application the consent authority is to take into account a number of matters which include the suitability of the site for the development, the likely impacts of that development (which includes social impact) and the public interest. The decision by the Authority, which is comprised of learned professionals including those with substantial legal backgrounds, should in the Police view be digested by Council during this assessment process. A copy of the full decision is attached. 5. Despite the applicant receiving the 19 page written decision by the Authority (dated 6 December 2015), which judiciously examines all aspects of likely social impact surrounding the application by incorporating reference to crime statistics for the Waverley LGA, sourced from the NSW Bureau of Crime Statistics and Research ("BOCSAR" www.bocsar.nsw.gov.au), the Statement of Environmental Effects (SEE) states the following: THE LIKELY IMPACTS Social Impact There is an increase in the proposed trading hours of the shop beyond that which has been approved for the site under DA-97/2003. The increased opening hour are similar to those of existing surrounding uses and restaurants. The focus of building improvements concentrates only on the removal of an internal stairwell and new deck at the rear of the site which is being undertaken to improve the amenity of residents. The proposal is not likely to result in any adverse social impacts on the surrounding area. 5.1 The SEE is silent in respect to many of the observations made by the Authority relating to adverse impacts on local amenity by packaged liquor outlets broadly such as drinking in public places, secondary supply, "pre-fuelling" before attending licensed premises and alcohol related litter. The SEE is silent in respect to the expected contribution to alcohol related crime by those minority of customers who abuse the packaged liquor purchased at such businesses. The SEE is silent in respect to the above NSW state average rate of alcohol related assaults per 100,000 persons of population in the LGA. The

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SEE is silent about the substantially higher rates of offensive behaviour and disorderly conduct recorded within the Waverley LGA compared to the NSW rate per 100,000 persons of population. The SEE is silent in respect to the nearby Alcohol Free Zones and Alcohol Prohibited Areas.

It is the Police view that the applicant, privy to this knowledge and then deciding to omit any form of prudent commentary on social impact, misleads Council into perceiving the proposed development use is innocuous and benign in nature. This is reinforced with the statement: THE PUBLIC INTEREST The Application will have no adverse impact upon the surrounding area.

Police reject this assertion and highlight the distinct deficiency of the SEE to accurately reflect the role packaged liquor plays in alcohol related crime matters and associated harms within the community.

6. SITE 6.1 In respect to the proposed site on Bondi Road. It should be noted that the Royal Hotel located a short distance away provides packaged liquor sales in 'bottle shop' style with a comprehensive variety of products. 450 metres west on Bondi Road, Kemeny's Food and Liquor Store is located. This premises is advertised as 'Australia's Most Awarded Liquor Merchant' with an extensive range of liquor products. A further Kosher inspired packaged liquor outlet is located in the vicinity. It has been noted by the Authority that whilst a 'needs test' can no longer be applied 'the relatively high rates of alcohol related crime in nearby precincts and the prevailing availability of liquor outlets within the local and broader communities are matters that go to the consideration of overall social impact upon this local and broader community. The range and number of local licensed premises can both reduce the extent to which granting the application will offer benefit, such as increased convenience to the local community, and provide another means by which liquor will be accessible in an already problematic part of the suburb for public drinking and alcohol related crime. 6.2 It should however be noted that in 2013 Police did not object to the granting of the packaged liquor licence for Chambers Cellars, Bronte. It was the Police view that alcohol related crime and associated matters were low in the area of the proposed site and likely harms could be successfully ameliorated. Further in 2013 Police did not object to the granting of packaged liquor licence for ALDI in Eastgate Bondi Junction. Again the site location provided greater supervisor opportunity, proposed hours did not enter high risk periods and liquor was un-refrigerated with limited stock lines. This should aptly indicate that Police do not generically object to all proposed liquor outlets but carefully consider each application on its merits and determine whether it satisfies public interest grounds. 7. CRIME DATA 7.1 To this end the Waverley LGA has two distinct crime 'hotspots' for the majority of key crime areas and especially so in respect to alcohol related crime. These are the central business districts and surrounds of Bondi Beach and Bondi Junction. In addition to this Bondi Road is known as a 'crime corridor' being the main known link between the two centres. The most recent BOCSAR crime 'hotspot' map for 'Incidents of Alcohol Related Assault from Oct 2014 to Sep 2015' demonstrates this. Whilst the 5 year trend for alcohol related assault is trending down, the rate per 100,000 population is 172.8 compared to the NSW rate per 100,000 population of 144.3. This clearly indicates that levels of alcohol related assault remain, in the Police view, unacceptable for the Waverley LGA.

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Source: NSW Bureau of Crime Statistics and Research ("BOCSAR" www.bocsar.nsw.gov.au)

7.1 Domestic Violence incidents within the Waverley LGA clearly occur within the same precincts. Excluding instances of home brewing it can be asserted that alcohol as an associated factor within such domestic violence incidents is predominantly derived from packaged liquor. It should be noted that domestic violence incidents are not higher than the NSW average.


7.2 Instances of 'Disorderly Conduct' which includes the crime categories of 'Offensive Language' and 'Offensive Conduct' with high rates of alcohol as an associated factor and occur within public precincts are trending up by 5.9% over a 5 year trend. The Waverley LGA rate per 100,000 of population for Disorderly Conduct is reported as 479.6. This is substantially higher than the NSW rate per 100,000 population of 295.7. This is reflected in the below crime map which shows the higher rates compared

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to surrounding LGAs. It can be expected that the high transient population that frequents Bondi in the summer months is reflected in these higher rates.


7.3 These further LGA Government Area Ranking reports further substantiate and emphasise the anti-social concerns harboured by the Command. 7.4 The NSW Police Force Alcohol Related Information Exchange (ARCIE) provides alcohol linking between persons and the last place of alcohol consumption. The most recent 12 month report depicts the last place of consumption being Licensed Premises as 28%. Home / private residence as 26% and Public place as 26%. 19% remain unknown with the remaining 'other'. This clearly indicates that liquor derived predominantly from packaged liquor sales represent up to 52% of those persons, Police have had an intervention with and determined that the person is affected by alcohol.

8. MINORS

8.1 In both the Bondi Junction and more so in the Bondi Beach precinct the unlawful possession and consumption of liquor by minors remains a serious concern. This issue has not diminished over time as each year brings with it more young persons 'coming of age' and exploring precincts in evening hours. Presently large amounts of youths not from the area are travelling to the precinct via public transport or on foot. Migration from Bondi Junction via Bondi Road is common place with packaged liquor outlets

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in the vicinity subject to previous enforcement action due to breaches identified in respect to minors. The Police Command applies considerable resources to this issue, especially on Thursday, Friday Saturday and Sunday nights.

8.2 Investigations have revealed that the predominant source of liquor supply is via the unlawful acquisition of liquor from 'bottle shops' directly or the secondary supply of liquor to minors by other persons. The Police Command has prosecuted a number of packaged liquor licences and hotelier's for minor related offences as well as other persons involved in secondary supply. One such premises, a large franchise liquor store within the Bondi Junction precinct, was identified as a target location for the unlawful supply of liquor, despite what could be considered robust and comprehensive systems and strategies in place to prevent such occurrences. It is considered that the persistent application by minors to the unlawful acquisition of liquor in the precinct significantly tests operational practices. The proposed liquor store (Chambers Cellars) is a franchised chain in which liquor products attractive to minors are on offer. In addition liquor is refrigerated and subsequently attractive for those persons wishing to immediately consume. 9. STREET DRINKING / PRE-FUELLING

9.1 The Police Command presently experiences increased levels of liquor consumption within the Bondi Beach precincts including Tamarama and Marks Park areas. These areas are naturally conducive as public spaces to gather and both Police and Council Rangers apply considerable efforts to ensure the Alcohol Prohibited Areas and Alcohol Free Zones are enforced. The proposed location is in such a position as to be highly attractive to persons, especially transient tourists, who look to acquire packaged liquor to consume unlawfully in the beach front areas. In addition, Bondi Beach host a large amount of on-premises liquor licences including hotels and clubs. Police have seen an increase in displaced persons, that is those persons refused admittance to and excluded from licensed premises due to increase regulatory controls. These persons are often looking to further consume liquor and target nearby packaged liquor outlets.

9.2 Increased pricing infrastructure within venues (often as a harm minimisation measure) also encourages the procurement of packaged liquor. Significant pre-fuelling takes place on the periphery of peak commercial precincts and packaged liquor outlets often supply the liquor, which can be bought at significantly reduced prices compared to licensed venues that offer 'nightclub' style entertainment. Again the proposed location sits in such a position as to contribute to these concerns.

9.3 Such was the amplification of street drinking, especially amongst the fiscally conservative 'backpacker' demographic that the Eastern Suburbs Liquor Accord launched a 'paperbag' project at all packaged liquor outlets. This involved liquor being provided in paperbags that contained the key message that drinking within parks was not permitted. This project operated through the summer period of October 2014 to March 2015 and continues presently. 9.4 Street drinking is not only confined to park lands but is evident throughout the precinct as persons move along migratory pathways. As previously cited, Bondi Road is the predominant pathway utilised by persons moving between the Bondi Beach precinct and Bondi Junction precinct. An additional liquor shop at the proposed site would only exacerbate the opportunity for persons to procure liquor to consume whilst in transit. This can result in increase levels of disorderly conduct, which is currently being experienced and litter associated with alcohol packaging.

10. Police submit that the information provided is sufficient convincing evidence that any grant of the proposed application would NOT be in the public interest. That due to the proposed site it would likely result in adverse social impact upon the local and broader community. That it is likely that alcohol related crime and associate harms would be exacerbated by this business use if approved.

10.1 For these reasons Police would ask that Council REFUSE the application.

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The senior group of the Development Building Unit (DBU) deliberated the comments conveyed by the Police at length. While acknowledging and appreciating the commentary provided by the Police, it was considered that these specifically relate to the sale of liquor and related social impacts and the approval of the liquor licence (or not) is a matter for NSW Government regulatory authorities, such as ILGA to determine. If ILGA agrees that these issues are determinative, it may choose to refuse the packaged liquor licence application for the store. The application having regard to the matters of consideration under s79C of the EP&A Act are such that this proposal is a change of use from one ‘retail premises’ to another ‘retail premises’, a proposal that could be otherwise, considered under the Complying Development standards of the SEPP (Exempt and Complying Development Codes) 2008. In granting approval for the application via a Development Application, Council is able to impose conditions relevant to the specific proposed use in an attempt to address the issues discussed above. Further, as part of the granting of any future liquor licence, it is the expectation that the Liquor Authority will review a Community Impact Statement (not yet available) as part of a future liquor application that will specifically consider social impact in this specific location, including relevant data and information, that Council does not have available to it (other than the limited broader information provided with Police commentary or online). According the DBU were not unanimous in their decision, however the majority voted for the proposal.

3.2 Building Waverley – Fire Safety Council’s Senior Building Surveyor – Fire Safety indicates that the proposal may encounter several non-compliances with the Building Code of Australia (BCA) relating to fire safety and recommended the submission of a BCA and fire safety report to identify and detail the potential non-compliances. The applicant submitted a statement in response to this recommendation. Council’s Senior Building Surveyor – Fire Safety reviewed the Statement and advised no recommendations were made in the Statement regarding upgrades to the building. Accordingly, the Officer recommended the existing building be upgraded to comply with relevant sections of the BCA in accordance with clause 94 of the Environmental Planning and Environmental Regulation 2000. A condition of consent is recommended to this effect.

3.3 Safe Waverley – Environmental Health The application was informally referred to Council’s Senior Environmental Health Officer who did not object to the proposed cool room, subject to an acoustic report being prepared to assess the noise impacts of the cool room upon adjoining residences prior to the release of a construction certificate. A condition of consent is recommended to this effect.

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4. SUMMARY The application involves a change of use and fit out of the retail tenancy of the shop top housing development at 261 Bondi Road, Bondi for the purposes of a packaged liquor store. The application also involves the construction of a raised deck at the rear of the development and internal alterations. The proposed use as a ‘shop’ or ‘retail premises’ as defined in Waverley LEP 2012 is permissible within the zone and complies with the general base trading hours and other commercial aspects of Waverley DCP 2012. Nine submissions were received during the notification period from surrounding residents, the Bondi Beach Precinct Committee and representatives from surrounding businesses. The Licensing Supervisor from the Eastern Suburbs Local Area Command (the Police) commented on and expressed their opposition to the application on the basis that the application would contribute to criminal activity and anti-social behaviour. The Development Building Unit (DBU) has given the matters raised in public submissions and the Police careful consideration, acknowledging the sentiment in relation to social issues. The DBU recognise the role that Council can play during the development application process in assisting Police in controlling social issues like anti social behaviour and alcohol-related incidents through the imposition of conditions of consent. It should be recognised that the use and fit out of a shop does not require approval of a development application as the use and works can be approved under the provisions of SEPP (Exempt and Complying Development Codes) 2008. To operate the proposed liquor store requires two sets of approvals. The first is for development consent for the use and fit out the shop to ensure the land use is appropriate. The second is a packaged liquor license application to Liquor and Gaming NSW to seek permission to sell liquor. The licensing application process does not assess land use permissibility, rather has a role of assessing social impacts associated with liquor, requiring applicants to prepare a community impact statement for consideration. The Independent Liquor and Gaming Authority (ILGA) have the expertise and experience to determine whether there will be an adverse impact on the community as a result of the liquor store. Without such information it would be difficult for the DBU to recommend refusal of the application on social grounds. Should ILGA deem that there is a proliferation of licensed premises in the Waverley local government area that is detrimental to the local community it would be appropriate that a licensing freeze be imposed, similar that imposed in Kings Cross, Sydney CBD and Oxford Street, Darlinghurst. Until such time, and without definitive evidence to suggest that packaged liquor stores would cause issues that would be against the public interest, there are no reasonable grounds to justify refusing development consent to the proposed liquor store. The application has been assessed against the matters for consideration under section 79C (1) of the Act and is accordingly recommended for approval subject to conditions to minimise any adverse impact of the liquor store on the community.

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

Report prepared by:


Ben Magistrale Development Assessment Planner

Angela Rossi Manager, Development Assessment (Central)

Date: 28 April 2016 Date: 30 May 2016

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1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan No 78615.01 (Issue B), tables and documentation prepared by Hugh Slatyer and

Associates Architects, dated 26 August 2015 and received by Council on 11 September 2015; (b) Statement of Environmental Effects prepared by Design Collaborative Pty Limited, dated

September 2015 and received by Council on 11 September 2015;

(c) A letter, including attachments, dated 18 March 2016 and prepared by Design Collaborative Pty Limited, and received by Council on 23 March 2016;

(d) Plan of Management received by Council on 11 September 2015; and (e) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the

SWRMP Checklist of Part B, Waverley DCP 2012. Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) In order to mitigate direct overlooking from the external rear stair of the adjoining property to the

east of the site at 263-265 Bondi Road, a privacy screen shall be erected along the eastern and northern edges of the external stair. The privacy screen shall maintain a height of 1.7m above the level of each riser of the stair.

(b) The car space at the rear is to be shared by occupants of the site, so that all loading/unloading of goods associated with the use of the retail premises occur on-site via the carspace at the rear of the site.

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

3. NOISE FROM BUILDING WORKS - RESTRICTED ACTIVITIES

Where there is a strong community reaction to noise associated with demolition, excavation and/or construction, Council may require respite periods by restricting the hours that the specific noisy activity can occur. Notes: If this is imposed, Council will take into account: 1. Times identified by the community when they are less sensitive to noise 2. If the community is prepared to accept a longer period of construction in exchange for restrictions on construction times.

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

paid to Council in accordance with this condition or that the cost of works is less than $100,000. (c) Should a section 96 modification result in any change to the total cost of the work, the Section 94A



development.

5. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $1,040 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work. This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.


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

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

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

(b) a Principal Certifying Authority has been appointed and Council has been notified of the appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the building works. The owner/applicant may make application to Council or an Accredited Certifier for the issue of a

Construction Certificate and to be the Principle Certifying Authority. 8. ESSENTIAL SERVICES - EXISTING BUILDING

Details of the currently implemented and proposed essential fire safety measures shall be submitted to Council, with the Construction Certificate, in the form of a Fire Safety Schedule. This Schedule shall be prepared by a person competent to do so and shall specify the minimum standard of performance for each essential fire safety measure included in the Schedule. At the completion of the installation, a Final Fire Safety Certificate shall be attached to the Occupation Certificate, certifying that each essential fire safety measure specified within the current Fire Safety Schedule: (a) has been assessed by a properly qualified person; and (b) found to be capable of performing to at least the standard required by the current Fire Safety

Schedule for the building for which the Certificate is issued.

9. NOISE - ACOUSTIC REPORT

An acoustic investigation of the proposal shall be undertaken by a suitably qualified acoustic consultant describing and assessing the impact of noise emissions from the proposed portable cool room and associated plant. The report is to be submitted to Council’s Safe Waverley Sub Program (Environmental Health Officers) for approval prior to the issue of a Construction Certificate. The investigation shall include, but not be limited to: (a) The identification of sensitive noise receivers potentially impacted by the proposal; (b) The quantification of the existing acoustic environment at the receiver locations (measurement

techniques and assessment period should be fully justified and in accordance with relevant Australian Standards and the NSW Environment Protection Authority (EPA) requirements);

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(c) The formation of a suitable assessment criteria having regard to the guidelines contained in the NSW EPA Industrial Noise Policy;

(d) The identification of operational noise producing facets of the development and the subsequent

predictions of resultant noise at the identified sensitive receiver locations from the operation of the use. Where appropriate the predication procedures must be justified and include an evaluation of prevailing atmospheric conditions that may promote noise propagation;

(e) A statement indicating that the development/use will comply with the relevant criteria together

with details of acoustic control measures that will be incorporated into the development/use, will not create adverse noise impacts to surrounding development.

(f) Where possible, the cool room plant is to be internally located within the confines of the building. Alternatively, be located within a sound proof enclosure, subject to compliance with relevant noise criteria.

10. ACOUSTIC REPORT RECOMMENDATIONS

The "recommendations" as outlined in the Acoustic Report and any additional recommendations of Council’s Environmental Officer are to be implemented with details to be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.


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


13. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.

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14. ACCESS

Access to and within the tenancy must comply with the requirements of Part D3 of the BCA and AS 1428.1. Details verifying compliance must be provided to the Certifying Authority prior to the issue of a Construction Certificate.

15. SANITARY FACILITIES TO BE PROVIDED IN ACCORDANCE WITH BCA The subject tenancy must be provided with sanitary facilities (i.e. location, number and type of facility) in accordance with the requirements of Part F2 of the Building Code of Australia.

16. WASTE AND RECYCLING STORAGE AND COLLECTION (a) Mobile garbage bins (MGBs) or crates for waste and recyclables from the commercial food

premises should be situated in a convenient waste compartment/areas to store a minimum of 1-2 day’s volume of waste and recyclables likely to be generated from that commercial premises.

(b) The residential and commercial waste storage areas are to be separated.

(c) Waste and recycling storage rooms must be built to meet all appropriate design requirements set

in Part B, Section 1.2.1, Section 1.2.3 and Section 1.2.4 of Waverley Council Development Control Plan 2012.

(d) Sufficient space must be allocated on-site for the storage of reusable commercial items such as

crates and pallets. The storage of reusable items on the public land and kerbside is not permitted at any time.

(e) Should the waste generated from the commercial premises contain 20% or more food waste, a

daily waste collection will be required. (f) Separate space must be allocated for the storage of liquid wastes and oils. The liquid waste storage

area must be undercover, bunded and drained to a grease trap. The storage of liquid wastes and oils containers on public land and kerbside is not permitted at any time.

(g) Liquid waste from grease traps must only be removed by licensed contractors approved by Sydney

Water and NSW EPA. (h) Noise and odour generated from the commercial component of the development must not impact

on adjoining properties. (i) The premises must have written evidence, held on-site, of a valid and current contract with a

licensed collector of waste and recycling. (j) Responsibilities for transporting bins from the storage points to the nominated collection area,

cleaning of waste receptacles, cleaning of storage areas and booking and transporting bulky waste for Council pick up must be outlined in contracts with the building manager, cleaners and tenants.

(k) Clear and easy signs identifying the different MGB and where the MGBs should be stored in the

storage area(s) must be displayed. (l) All waste and recycling receptacles are to be collected onsite. The storage and/or presentation of

bins on the kerbside on public land and kerbside is not permitted at any time.

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The above matters are to be shown in the Construction Certificate drawings and submitted to the satisfaction of Council's Sustainable Waverley staff prior to the issue of a Construction Certificate.

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17. PRIOR TO SITE WORKS The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or intends to



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

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

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

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

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

on how to safely remove asbestos published by WorkCover NSW (catalogue WC03561) (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and

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(f) describe the disposal methods for hazardous materials.

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

23. TOILET FACILITIES Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.


25. OBSTRUCTION TO PUBLIC AREAS If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the proposed

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

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

of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was

provided.



28. CONSTRUCTION HOURS

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Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and

Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and

(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environmental Operations

(Noise Control) Regulation 2000. 29. BUILDING CODE OF AUSTRALIA


30. FIRE SAFETY 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.

31. FIRE SAFETY – EXITS

Exits and paths of travel to exits are to be kept clear and at all times to provide clear access to exits and provide a safe passage for occupants to open space in accordance with Section D of the BCA.

32. FIRE SAFETY MAINTENANCE Access to all essential fire safety measures, such as fire hydrants, fire hose reels, portable fire extinguishers and the like must be maintained at all times and not be blocked or obstructed by furniture, equipment or the like.

33. BUILDING CODE OF AUSTRALIA AND FIRE SAFETY UPGRADING WORKS (a) In addition to all new works fully comply with the Building Code of Australia, pursuant to Clause 94

of the Environmental Planning and Assessment Regulation 2000, all existing areas of the building must be upgraded to comply with the following provisions of the Building Code of Australia (BCA): (i) The Class 4 portion must be separated from the Class 6 portion of the building by building

elements that comply with the fire resistance performance requirements set out in CP2 and CP8 of Volume 1 of the Building Code of Australia;

(ii) Compartmentation and separation – Part C2; (iii) Protection of openings – Part C3 (excluding existing openings in external walls) (iv) Provision for escape – Part D1; (v) Construction of exits – Part D2; (vi) Fire fighting equipment – Part E1; (vii) Smoke hazard management – Part E2;

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(viii) Emergency lighting, exit signs and warning systems – Part E4; (ix) Sanitary and other facilities - Part F2; (x) Room sizes - Part F3; (xi) Light and ventilation - Part F4; and (xii) Sound transmission and insulation - Part F5.

(b) If compliance with the deemed-to-satisfy provisions of the BCA and the matters listed in condition

(a) above cannot be achieved, an alternative building solution in accordance with Part A0 of the BCA must be prepared by a suitably qualified and accredited person and be submitted to the Certifying Authority illustrating how the relevant performance requirements of the BCA are to be satisfied. Prior to a Construction Certificate being issued, the Certifying Authority must ensure that the building complies with the Building Code of Australia.

(c) The BCA matters identified in (a) above are not an exhaustive list of conditions to verify compliance

or non-compliance with the BCA. Any design amendments required to achieve compliance with the BCA must be submitted to Council. Significant amendments may require an application under Section 96 of the Act to be lodged with Council to amend this consent.

(d) Prior to the commencement of the required upgrade works, a Construction Certificate must be issued by an accredited Certifying Authority and an accredited PCA be appointed. The required upgrading works detailed in this condition must be completed prior to the issue of an Occupation Certificate and Strata Subdivision Certificate.

Note: The provisions of Clause 94 of the Environmental Planning and Assessment Regulation 2000 have been considered in the assessment of the proposed development.

34. BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION) ACT - INSPECTIONS (RESIDENTIAL FLAT DEVELOPMENT AND OTHER RESIDENTIAL CLASS 2, 3 AND 4) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 2, 3 and 4 building: (a) at the commencement of the building work; (b) prior to covering of waterproofing in any wet area for a minimum of 10% of rooms with wet area

within a building; (c) prior to covering any stormwater drainage connections; and (d) after the building work has been completed and prior to any Occupation Certificate being issued in

relation to the building.

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Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

35. BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION ACT) - INSPECTIONS (COMMERCIAL CLASS 5, 6, 7, 8 AND 9) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 5, 6, 7, 8 or 9 building: (a) at the commencement of the building work; (b) prior to covering any stormwater drainage connections; and (c) after the building work has been completed and prior to any Occupation Certificate being issued in

relation to the building. Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

36. MECHANICAL VENTILATION SYSTEMS

(a) The premises are to be ventilated in accordance with the requirements of the Building Code of Australia & relevant Australia Standards.

(b) Any proposed mechanical ventilation system shall comply with the Australian Standard AS 1668 -

1991 (Parts 1 and 2). Prior to installation, the design is to be certified by a person competent to do so. At completion of the installation of the system and prior to the issue of the Occupation Certificate, the work shall be certified by a person competent to do so. The certification shall include:

(i) inspection, testing and commissioning details; (ii) date of inspection, testing and commissioning details; (iii) the name and address of the individual who carried out the test; and (iv) a statement that the service has been designed, installed and is capable of operating to

the above standard.


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38. RESIDENTIAL FLAT BUILDINGS - BALCONIES NOT TO BE ENCLOSED

The private open balcony attached to building is not to be enclosed at any future time without prior development consent. In this regard, the door openings within the external walls adjoining the private open balconies to be constructed so as to prevent the penetration of rain or other waters to the inner part of the building.

39. COOLROOM

The coolroom shall be constructed in accordance with the Building Code of Australia, Section G1.2 Refrigerated Chambers, strong rooms and vaults.

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


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

43. ACOUSTIC REPORT

A Certificate of Compliance prepared by a suitably qualified acoustic consultant is to be submitted to Council certifying that the recommendations made in the Acoustic Report (and any additional recommendations of Council’s Environmental Health Officer) have been satisfied and Council's noise criteria has been met prior to the issue of an Occupation Certificate.

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E. OPERATIONAL CONDITIONS DURING OCCUPATION

44. HOURS OF OPERATION The hours of operation for the premises are restricted to: Monday to Sunday: 10.00am to 10.00pm

45. MAXIMUM PATRON CAPACITY

(a) The approved patron capacity for the premises is limited to: Total of 0 patrons

(b) Any person/s attending the premises for the purpose of 'takeaway' products / services will not be considered a 'patron' for the purposes of subclause (a), provided no food and or drink is consumed by those persons on the premises.

(c) Management are responsible for ensuring the number of patrons in the premises does not exceed the approved capacity specified in sub clause (a).

46. SIGNAGE TO BE DISPLAYED

Signage (in lettering not less than 15mm in height on a contrasting background) is to be erected in a prominent position near the main entry to the premises and be erected prior to the commencement of operations. The signage shall state:

Approved hours of operation Monday to Sunday: 10.00am to 10.00pm Approved patron capacity 0 patrons

47. ROLLER SHUTTERS The installation of roller shutters or grilles, in front of, or in place of a standard window or shop front is prohibited. Council Policy requires the retention of a glass shop front for window display purposes. Should increased security be desired, then consideration should be given to applying shatter-resistant film or replacing existing shop window glass with laminated glass.

48. LIQUOR SALE / SUPPLY / CONSUMPTION (PACKAGED LIQUOR LICENSE)

(a) No liquor may be sold, supplied or consumed on the premises except with the approval and authorisation from the relevant Liquor Authority.

(b) Liquor may only be sold or supplied on the premises under an authorisation conferred by a packaged liquor licence.

49. LIQUOR LICENSING ACCORD

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The Licensee is encouraged to join and adopt the principles of the local Liquor Licensing Accord (For information visit the Eastern Suburbs Liquor Accord website: www.esla.net.au/).

50. NEIGHBOURHOOD AMENITY The management of the premises:

(a) Shall ensure patrons do not crowd or loiter in the vicinity of the premises in such manner that

pedestrian movement is obstructed or hindered. (b) Shall ensure that the manner in which the business of the premises is conducted and/or the

behaviour of persons entering and leaving the premises does not cause undue disturbance to the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise and litter generated by persons and/or premises operations. If so directed by Council, the Management is to employ private security staff to ensure that this condition is complied with.

(c) Shall record in a Register full details of any disturbance complaint/s made by a person to

management or staff in respect to the manner in which the business of the premises is conducted and/or the behaviour of persons entering or leaving the premises. Such recording will include time, date, nature of the complaint/s and any complainant details if provided.

(d) Shall respond to any disturbance complaint/s in a timely and effective manner. All actions

undertaken by management / staff to resolve such complaint/s shall be recorded in the Register.

51. OPERATION IN ACCORDANCE WITH PLAN OF MANAGEMENT (POM)

(a) The operation and management of the premises shall be in accordance with a Council approved POM at all times.

(b) The approved POM shall be adopted by the Management, and filed with Council and the Licensing Police of the Local Area Command prior to the commencement of operations

(c) The plan shall be reviewed (at minimum) on an annual basis, and at any time there is a change

in business ownership of the premises, to ensure harms that arise are mitigated.

52. COPIES OF CONSENTS AND MANAGEMENT PLANS A full copy of all current development consents (including approved plans) for the operation of the premises, any Registers required and any required Plan of Managements must be kept on the premises and made available for inspection immediately upon request by Council Officers, Police Officers and/or Liquor and Gaming NSW Authorised Officers.

53. SURVEILLANCE CAMERAS TO BE MAINTAINED ON THE PREMISES The Management must maintain a closed-circuit television (CCTV) system on the premises. The CCTV system must comply with the following requirements: (a) It must record continuously from opening time until one hour after the premises are required to

close (or, in the case of premises that are not required to cease trading, continuously at all times),

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http://www.esla.net.au/

(b) It must record in digital format and at a minimum of 15 frames per second, (c) Any recorded image must specify the time and date of the image; (d) The system's cameras must cover:

i. all entry and exit points of the premises, ii. the footpath immediately adjacent to the premises, iii. all publicly accessible areas (other than toilets) on the premises.

(e) CCTV recordings must be retained for at least 30 days. (f) Signage shall be clearly displayed adjacent to the principal entry alerting persons entering the

premises that CCTV is in operation. (g) Ensure that at least one member of staff is on the premises at all times the premises is trading

who is able to access and fully operate the system, including downloading and producing recordings of CCTV footage.

(h) Provide any recordings made by the system to an Authorised Council or Police Officer within 24

hours of any request by an Authorised Council or Police Officer to provide such recordings. (i) An internal monitor shall be positioned within the premises in such a position that patrons

attending the premises will be alerted to the images depicted. The monitor will stream respective images from the CCTV system making it clear that patrons on the premises are under CCTV surveillance. Appropriate signage will further advise that patrons actions are being recorded.

54. DELIVERY OF GOODS

Loading and unloading and delivery of goods to the site shall only be carried out on-site utilising the carspace at the rear (accessed from rear laneway), during approved hours of operation. In this regard, the retail management are to ensure loading vehicles sizes are such, that can be adequately accommodated in this carspace. No loading / unloading shall occur from Bondi Road.

55. WASTE Bin Storage Area

a) The waste and recycling storage area needs to be undercover. b) The waste and recycling storage areas must be bunded to the sewer and be equipped with a

supply of hot and cold water mixed through a centralised mixing valve with a hose cock. c) The waste and recycling storage areas must be able to accommodate all bins, with all bins

simultaneously accessible. Amenity All garbage and recycling must be inside Council approved bins or skips, with lids closed to reduce littering, stormwater pollution, odour and vermin. Management

a) All waste and recycling must be collected from the rear of the site.

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b) The applicant must enter into a commercial waste collection contract. c) Collection frequency may need to be increased in peak summer periods.

56. DISPLAY OF WASTE MANAGEMENT PLAN

The occupant/body corporate shall be provided with at least one copy of the Waste Management Plan. An additional copy of the plan shall be displayed in a secure, visible and accessible position within or adjacent to the waste storage area. The approved Waste Management Plan must be complied with at all times during occupation.

57. RECYCLING OF WASTE PAPER The operator of the business shall ensure that waste paper is recycled. In this regard, the operator shall make arrangements with the owner to transfer paper for recycling to the recycling room for removal by a recycling agent.

58. LITTER PATROLS Litter patrols are to be undertaken in the general vicinity of the premises. Such patrols will take place intermittently during the hours of operation with the final patrol conducted at the cessation of trade. A litter patrol Register must be maintained and kept on the premises at all times detailing date, time of patrol, staff member responsible, and manager's signature.

59. NOISE FROM GLASS REMOVAL Glass must not be emptied or transferred from one receptacle to another anywhere in a public place. All glass must be emptied / transferred within the premises and removed in containers.

60. GLASS SORTING OR COLLECTION

No bottle or glass sorting, recycling or collection shall take place between 8.00pm on any day and 8am Monday to Friday, 9am Saturday and 10am Sundays and Public Holidays.

This condition is imposed to protect the amenities of neighbouring residents.

61. NO SPRUIKERS Spruikers (with or without sound amplification) shall not operate without the prior written consent of Council.

62. ENTERTAINMENT NOISE EMISSIONS

Noise caused by the approved use including music and other activities must comply with the following criteria: (a) The LA10 noise level emitted from the premises shall not exceed the background noise level in any

Octave Band Centre Frequency (31.5Hz - 8kHz inclusive) by more than 5dB between 07:00 am and 12:00 midnight at the boundary of any affected residence.

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(b) The LA10 noise level emitted from the premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz - 8kHz inclusive) between 12:00 midnight and 07:00 am at the boundary of any affected residence.

(c) Notwithstanding compliance with (a) and (b) above, the noise from the premises shall not be

audible within any habitable room in any residential premises between the hours of 12:00 midnight and 07:00 am.

(d) The use of the premise must be controlled so that any emitted noise is at a level so as not to create

an "Offensive Noise" as defined in the Protection of the Environment Operations Act, 1997 to any affected receiver.

63. NO ENTERTAINMENT EXTERNAL TO THE PREMISES

No sound reproduction device nor any form of entertainment is to be operated within the footway area. Speakers must not be installed and music must not be played in any of the outdoor areas associated with the premises including the public domain. Speakers located within the premises must not be placed so as to direct the playing of music towards the outdoor areas associated with the premises.

64. NOISE FROM SPEAKERS

All speakers shall: (a) be placed on anti-vibration mountings; (b) be completely independent of the building structure (particularly where there is a residential

portion in the building); and (c) be positioned so noise does not emanate in the direction of residential premises.

65. REFRIGERATION UNITS & MECHANICAL PLANT All refrigeration motors/units and other mechanical plant are to be installed within the building in an

acoustically treated plant room. In this regard, adequate provision is to be made within the confines of the building for any refrigeration motors/units or other mechanical plant associated with the use of the building. The exception to this is the location of the cool room plant only, subject to this plant complying with all relevant noise criteria as specified in the Acoustic Report.

66. AIR EMISSIONS

The use of the premises shall not give rise to air impurities in contravention of the Protection of the Environment Operations Act, 1997. No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, vibration, gases, vapours, odours, dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise.

67. EMISSIONS

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No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, vibration, gases, vapours, odours, dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise.

68. INTRUDER ALARM

(a) The premises shall be fitted with an Intruder alarm system that has been designed and installed to the Australian Standard (Domestic and Commercial Alarm Systems).

(b) A duress facility should be incorporated into the system to enable staff to activate the system

manually in the event of an emergency, such as a robbery. (c) Intruder alarm/s associated with the development must operate only in accordance with the

requirements of Clause 53 of the Protection of the Environment Operations (Noise Control) Regulation 2008 under the Protection of the Environment Operations Act, 1997.

69. NO FLASHING SIGNS

The use of flashing lights, flashing illuminated signs and the like is prohibited.

70. LOCATION OF SIGNS No advertising signs or notices are to be affixed to the windows of the premises.

71. ERECTION OF SIGNS The erection of the sign is to satisfy the following requirements: (a) Be subject to development consent of Council: (b) Be erected/supported in a secure manner for safety purposes; (c) Does not cause measures that would cause irreversible damage to the building; and, (d) Shall be a minimum of 2.6m above the footpath level and be offset a minimum of 600mm behind

the kerb.

72. AMUSEMENT MACHINES & THE LIKE The installation of jukeboxes, pinball machines, pool tables or similar amusement machines will not be permitted without the written consent of Council.

73. TROLLEY MANAGEMENT

No shopping trolleys are to be made available to customers of the premises.

74. NO SIGNS OR GOODS ON PUBLIC AREA Portable signs or goods for sale or display must not be placed on the footway or other public areas, without the prior approval of Council.

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75. LIGHTING

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

(b) All external lighting fixtures should be vandal resistant. (c) Lighting should be carefully considered in areas covered by CCTV to allow for optimum viewing. (d) Lighting should be free of obstructions, such as tree branches, pipes, etc. (e) Transition lighting should also be used throughout the site to reduce vision impairment, i.e.

impairment caused by walking from dark to light places and light to dark places.

76. ODOUR COMPLAINTS In the event of Council receiving odour complaints that cannot be solved by improving maintenance practices the owner shall, at their own cost, solicit the help of an odour specialist to upgrade their mechanical exhaust and odour control systems until the odour emissions are mitigated. Details of all kitchen exhaust system upgrades must be provided to Council for approval before being installed.

77. NOISE COMPLAINTS

If, during on-going use of the premises, substantiated complaints of breaches of noise emission conditions and/or the Protection of the Environment Operations Act, 1997 occur, an acoustic report assessing the impact of the operation will be required to be carried out by a suitably qualified acoustic consultant. The report is to be submitted to the satisfaction of Council's Health Compliance Unit within 60 days of written request. The investigation shall include, but not be limited to: (a) The identification of sensitive noise receivers potentially impacted by the proposal; (b) The quantification of the existing acoustic environment at the receiver locations (measurement

techniques and assessment period should be fully justified and accordance with relevant Australian Standards and NSW Environment Protection Authority (EPA) requirements);

(c) The formation of a suitable assessment criteria having regard to the guidelines contained in the

NSW EPA Industrial Noise Policy; (d) The identification of operational noise producing facets of the use and the subsequent predictions

of resultant noise at the identified sensitive receiver locations from the operation of the use. Where appropriate the predication procedures must be justified and include an evaluation of prevailing atmospheric conditions that may promote noise propagation;

(e) A statement indicating that the operation of the premises complies with the relevant criteria

together with details of acoustic control measures that will be incorporated into the development/use, will not create adverse noise impacts to surrounding development.

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Application number DA-474/2015/1

Site address 42 Knowles Avenue, NORTH BONDI

Proposal Review of a refusal for alterations to a semi-detached dwelling for a hardstand car space and driveway

Date of lodgement 22 March 2016

Owner Mrs T L Nurmi

Applicant Mrs T L Nurmi

Submissions Three submissions from two properties

Cost of works $35,000

Issues Streetscape, landscaping and parking design

Recommendation That the application be refused as per the reasons attached in Appendix A

Site Map

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1. PREAMBLE

1.1 Site and Surrounding Locality A site visit was carried out on 9 May 2016. The site is identified as Lot 2 in DP 850698, known as 42 Knowles Avenue, North Bondi. The site is rectangular in shape with a northern boundary measuring 31.9m, an eastern rear boundary measuring 6.2m, a southern boundary measuring 31.9m, and a western street frontage to Knowles Avenue measuring 6.2m. The site has an area of 198.2 m2 and is generally flat. The site is occupied by a single storey semi-detached dwelling with no vehicular access provided on the site. The subject site is adjoined by semi-detached dwellings on both sides. The locality is characterised by a variety of residential developments predominantly including semi-detached and detached dwellings.


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Figure 2: Front and side setback of subject site

1.2 Relevant History A review of Council’s building and development records provided the following information relating to previous development applications relating to the site:

Development Application (525/2004) for alterations and additions including additional storey and new carport was refused on 27 October 2004

Development Application (581/2005) for alterations including removal of internal walls and erection of structural beams was approved on 20 September 2005

Development Application (593/2005) for the installation of new ensuite in semi-detached dwelling was approved on 16 January 2006

Section 96 Modification Application (593/2005/A) to amend condition 2 to construct wall between semis in fire-check rather than as a party wall was withdrawn on 23 March 2006

The reasons for refusal for DA-525/2004 for a first floor addition and carport forward of the building line include the following:

The proposal is contrary to the provisions of the DCP No.2 as given in Section 6, which encourages that the first floor addition be setback from the front building alignment to retain substantial proportion of the existing roof over the front of the building.

The demolition of the front part of the dwelling to incorporate a carport will detract from the uniformity of the existing pair of semi and is contrary to Council policy.

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The application subject to this review, DA-474/2015 was refused under delegation on 21 January 2016 for alterations and additions including new hardstand car space and partial demolition to front of dwelling. The reasons of the refusal are as follows: 1. The proposed development is contrary to Waverley Development Control Plan 2012, having

regard to section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 and in respect to the following provisions:

a. Part B8 – Transport;

i. Objective (a) in relation to streetscape under section 8.4 Urban Design.

b. Part C1 – Dwelling House and Dual Occupancy Development; i. Objective (b) in relation to maintaining integrity in alterations and additions to

existing semi-detached dwellings under section 1.5 Streetscape and Visual Impact.

ii. Control (c) under section 1.5 in relation to the maintenance of the aesthetic appearance of the semi-detached dwelling, which would be degraded when viewed from the public domain.

iii. Objectives (a), (b) and (d) in relation to design, location and impact on the streetscape of the proposed hardstand space under section 1.10 Car Parking.

iv. Control (b)(i) in relation street character under section 1.10.1 Parking Rates. v. Control (d) (iv) in relation to minimum front setbacks under section 1.10.2 Car

Parking Location. vi. Control (a) and (c) in relation to streetscape and alteration to the street facade

under section 1.10.3 Car Parking Design. vii. Control (d) under section 1.10.5 as the proposed car space will result in the loss

of more than one on-street car spaces. 2. The proposed development will have an adverse impact on the built environment due to the

unacceptable impact on the streetscape and undesirable impact on the surrounding built environment, pursuant to Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979.

3. The site is considered to be unsuitable for the proposed development, pursuant to Section 79C

(1)(c) of the Environmental Planning and Assessment Act 1979. The subject site does not provide a suitable building setback due to the location of the existing building and is therefore not considered to be suitable development for the subject site.

1.3 Proposal

The section 82A application seeks a review of a refusal for alterations to a semi-detached dwelling for a hardstand car space and driveway. The specifics of the proposal are as follows:

Alterations to the north-western corner of the front of the semi-detached dwelling to remove the walk-in wardrobe but retain the roof over.

The alterations are to accommodate a hardstand space within the front setback with dimensions of 5.6 x 2.5m.

Part of the front fence and gate is to be demolished for a new sliding stacking driveway gate.

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2. ASSESSMENT The following matters are to be considered in the assessment of this section 82A application under section 79C of the Environmental Planning and Assessment Act 1979 (the Act).


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



Part 1 Preliminary


The proposal is not inconsistent with regards to clause 1.2 aims of plan.


Land Use Table R2 Low Density Residential Zone Yes

The proposal is ancillary to a dwelling house, which is permitted with consent in the R2 zone.


4.4 Floor space ratio and 4.4A Exceptions to floor space

ratio 0.887:1

Yes

The proposal will result in a minor reduction to the FSR due to the partial demolition to the front of the dwelling.


The original application was considered under amendment 3 of WDCP2012, however this S82A review was lodged after the adoption of amendment 4 of the DCP and thus the relevant matters to be considered under the Waverley DCP 2012 for the proposed development are outlined below:

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Table 2: Waverley DCP 2012 – Part B General Provisions Compliance Table


1. Waste

Yes

The original application is accompanied by a SWRMP and the proposal generally complies with all relevant objectives and controls relating to waste removal and management.

8. Transport

No

The proposed hardstand car space results in an unsatisfactory urban design outcome as the hardstand car space will dominate the streetscape and is inconsistent with the established development pattern. These non-compliances with section 8.4 Urban design objectives (a) and control (f) of Part B8 of Council's DCP result in an inappropriate design outcome and, as such, the application is not supported and is recommended for refusal.

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

Compliance Table


1.4 Streetscape and visual impact

No The proposed alterations to the front facade does not respond to the architectural style and character of the existing built environment. See further discussion below on semi-detached dwellings.

1.6 Semi-detached dwellings and terrace style development

1.6.1 Built form No See discussion in the issues section below. 1.7 Fences

Front:

Maximum height of 1.2m Solid section no more

than 0.6m high Side and Rear:

Maximum height of 1.8m

No The proposed front fence is non-compliant with an overall height of 1.5m and does not incorporate a minimum 50% open area design above a height of 600mm. Whilst the proposal is non-compliant, it is not considered a reason for refusal as the fence and driveway gate is proposed to match the existing fence design on site.

1.8 Visual and acoustic privacy Maximum size of balconies:

10m2 in area 1.5m deep

Yes The proposed works to accommodate a hardstand parking space is not considered to affect visual and acoustic privacy between properties.

1.11 Car parking

1.11.1 Parking rates Maximum rates:

1 space for 2 or less bedrooms

See discussion

See discussion in issues section below.

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2 spaces for 3 or more bedrooms

1.11.2 Location Behind front building line

for new dwellings Consistent with

hierarchy of preferred car parking locations

No See discussion in issues section below.

1.11.3 Design No The proposal is contrary to control (a) to (d) as it is not sympathetically integrated into the design of the dwelling, being forward of the building and requiring alterations to the front facade including demolition of the front walk-in wardrobe. As discussed later, the proposal also exacerbates existing soft landscaping deficiencies.

1.11.4 Dimensions 5.4m x 2.4m per vehicle

Yes Parking dimensions of 5.6 x 2.5m is proposed which is compliant. However, it requires partial demolition to the front of the dwelling to achieve compliance which is not supported.

1.11.5 Driveways Maximum of one per

property Maximum width of 3m at

the gutter (excluding splay)

Yes If the application were to be supported, new and modified vehicle crossing will be conditioned to be subject to a separate application and all work to be carried out with the approval of and in accordance with the requirements of Council. New vehicle crossings will not result in the loss of more than one on street parking space.

1.12 Landscaping and open space

Overall open space: 40% of site area

Overall landscaped area: 15% of site area

Front open space: 50% of front building setback area

Front landscaped area: 50% of front open space provided

Yes

No

Yes

No

Open space will be increased due to the partial demolition of the north-western corner of the front facade. The majority of the existing site is paved with the exception of a small garden strip along the front boundary. The proposed parking space will require partial removal of this soft landscaping and exacerbate the overall landscaping non-compliance. Entire front setback is open space, however, the parking space will reduce the already deficient soft landscape area to 12.27% which is not supportable. In light of the above, the application is recommended for refusal.

The following is a detailed discussion of the issues identified in the compliance tables above in relation to the Waverley DCP 2012.

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Semi-detached dwelling built form The proposal will require partial demolition to the front facade of the semi which is contrary to objectives (a) of section 1.6 and 1.6.1 and control (a) of section 1.6.1 of Part C1 of the WDCP. Whilst there is some asymmetry in the roof form, there is symmetry in the built form of the ground floor street facade. The demolition of the north-western corner of the semi will destroy cohesion and erodes the integrity of the semi pair of dwellings and detracts from the appearance and quality of the dwelling, regardless of the asymmetry. The alterations to the front facade will remove the existing original style of the subject semi-detached dwelling. The eastern side of Knowles Avenue has a distinct pattern of semi-detached dwellings where the southern semi benefits from off street parking but the northern semi (such as the subject site) has no off-street parking, similar to a single dwelling presentation. The proposal for a hardstand space in the northern semi will be inconsistent with the established pattern and streetscape where the pairs of semi are designed to read as a single dwelling. The proposal for a hardstand space will not read as an inclusive part of the existing dwelling and semi pair. The proposal is considered to be inconsistent with the existing streetscape and is therefore not supported and recommended for refusal. Parking rates Whilst the proposal incorporates a single carspace and does not exceed the maximum parking rate, it is non-compliant with control (b)(i) in section 1.11.1 of Part C1 of the DCP which states that a reduced rate or no parking may be required in circumstances where parking may have a detrimental impact on the character of the streetscape. As discussed previously under streetscape, hardstand parking spaces are not predominant within the street. Furthermore, the proposed parking space is non-compliant with control (b)(iii) as it conflicts with pedestrian access within the site and no separate pedestrian access is provided between the street and dwelling entrance. In light of the above, the application is recommended for refusal and the situation of no off-street parking can be retained. Parking location Control (d) in section 1.11.2 of Part C1 of the DCP provides subcontrols to be satisfied for the provision of hardstand spaces in the form of wheel strips or carports forward of the building line. As discussed previously, it is not considered that there is a predominance of hardstand parking spaces in the immediate vicinity of the site as is required to be demonstrated in subcontrol (vi). Also as discussed previously, the location of the hardstand space will conflict with pedestrian safety as there is no separate pedestrian access to the site and thus is contrary to subcontrol (ix). The existing site conditions also result in non-compliance with subcontrol (iv) as the distance between the building and front property boundary does not meet the minimum of 5.4m and is measured to be approximately 3.555m. A hardstand space cannot be accommodated without alterations to the semi. In light of the above, the application is recommended for refusal.

2.2 Section 79C(1)(b) – Other Impacts of the Development The proposed development is capable of complying with the BCA. However, it is considered that the proposal will have an undesirable impact on the streetscape.

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2.3 Section 79C(1)(c) – Suitability of the Site for the Development The site is not considered to be suitable for the proposed development as the existing property and associated structures cannot accommodate a car parking space on the property without removal of elements of the existing dwelling.

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

Property

32 Knowles Ave 34 Knowles Ave

Issue: Safety due to narrow street Response: Whilst safety concerns raised in the report are more in relation to vehicle and pedestrian conflict on-site rather than outside the site, the proposal is not supported for other reasons outlined in the report. Issue: Historical Street Layout Response: It has been noted that the historical layout of the street is characterised by each pair of semi-detached dwellings having off-street parking. The proposal is not consistent with this existing pattern, and recommended for refusal. Issue: Lack of on-street parking Response: The proposal complies with the controls as it does not decrease on-street parking by more than one space.

2.5 Section 79C(1)(e) – Public Interest It is considered that the proposal is considered to have a detrimental impact on the public interest, due to non-compliance with Council’s car parking controls and submissions received.

3. REFERRALS Creating Waverley (Driveways) The application was referred internally to Council’s Creating Waverley division for comments on the proposed vehicle parking and access. No objections were raised subject to the imposition of appropriate conditions of consent.

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4. SUMMARY The proposal seeks a review of a refusal for alterations to a semi-detached dwelling for a hardstand car space and driveway. The main non-compliances are associated with streetscape, visual impact, and car parking location and design. As discussed throughout this report, it is considered that these non-compliances result in an inappropriate design outcome and the proposal will not be in keeping with the existing streetscape context. Three submissions from two properties were received for the application which raised concerns with safety, historical street pattern and an undersupply of on-street parking. In light of the above issues, and the assessment made throughout this report, the application is not considered appropriate in the context of the site, and as such is recommended for refusal.

5. RECOMMENDATION TO WAVERLEY DEVELOPMENT ASSESSMENT PANEL That the Development Application be REFUSED by the Waverley Development Assessment Panel for the reasons contained in Appendix A:

Report prepared by:


Bianca Chiu Development Assessment Planner

Arif Faruqi Manager, Development Assessment (North)

Date: 11/05/2016 Date: 11 May 2016

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APPENDIX A – REASONS FOR REFUSAL Having regard to section 79C (1) of the Environmental Planning and Assessment Act 1979 the development application is refused for the following reasons:

1. The proposal does not satisfy section 79C(1)(a)(iii) of the Environmental Planning and

Assessment Act 1979, as the proposed development is contrary to Waverley Development Control Plan 2012, in respect to the following provisions:

a. Part B8 - Transport

i. Clause 8.4 Urban Design, specifically objective (a) and control (f), as the hardstand car space will dominate the streetscape and is inconsistent with the established development pattern.

b. Part C1 – Dwelling House and Dual Occupancy Development; i. Clause 1.4 Streetscape and Visual Impact, specifically objective (a) and control (a)

as the alterations do not respond to the architectural style and character of the existing built environment.

ii. Clause 1.6 Semi-detached dwellings, objective (a); Clause 1.6.1 Built Form, specifically objective (a) and control (a) as the alterations diminish the character of the streetscape and destroys original style of the semi and the cohesion between the dwelling pair

iii. Clause 1.11 Car Parking, specifically objective (a) to (e) in relation to the design, location, safety, impact on streetscape and use of public transport.

iv. Clause 1.11.1 Parking Rates, specifically control (b)(i) and (iiI) as the proposal has

a detrimental impact on the character of the streetscape and pedestrian safety as there is no separate pedestrian access on site, thus no parking is required on site.

v. Clause 1.11.2 Location, specifically control (d)(iv), (vi) and (ix) as insufficient front

setback is available to accommodate a compliant carspace without alterations to the semi-detached dwelling. The design is also considered inappropriate as it will impact safety onsite. The hardstand space is also not a predominant form of parking in the immediate vicinity and will be inconsistent with the established pattern of semi-detached dwelling development.

vi. Clause 1.11.3 Design, specifically control (a) to (d) as the proposal is not

sympathetically integrated into the design of residences and requires partial demolition to the street facade of the dwelling to accommodate parking.

vii. Clause 1.12 Landscaping, specifically objective (a) and control (b) and (f) as the

proposal will further exacerbate front setback and overall landscaping non-compliances.

2. The proposed development does not satisfy section 79C(1)(b) of the Environmental Planning and

Assessment Act 1979, as the proposal will have an undesirable and unacceptable impact on the streetscape.

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3. The proposal is contrary to 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as the subject site does not provide a suitable front building setback to accommodate off-street car parking without removal of existing dwelling elements.

4. The proposal is not considered to be in the public interest for the reasons outlined above and for the reasons outlined in public submissions, contrary to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979.

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Should the Waverley Development Assessment Panel resolve to support the application, the following conditions of consent are recommended for imposition on any consent issued.



1. APPROVED DEVELOPMENT

The development must be in accordance with: (a) Architectural Plan Nos DA01 to DA04, issue C, dated 16.03.16, prepared by archi Vis, and received

by Council on 22 March 2016, (b) Waste Management Plan, prepared by archi Vis, and received by Council on 23 October 2015. Except where amended by the following conditions of consent.

2. BONDI - ROSE BAY SAND BODY This site is located within the Bondi - Rose Bay Sand Body as identified in Council’s Aboriginal Cultural Heritage Study 2009. Should an object of potential Aboriginal or archaeological significance be discovered during the demolition, excavation or construction period associated with this development, works are to immediately cease and the NSW National Parks and Wildlife Service must be contacted. Works may resume on the site pending receipt of express written permission from the NSW National Parks and Wildlife Service. Waverley Council must be notified of any referral to the NSW National Parks and Wildlife Service and be provided with a copy of any subsequent response.





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(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

(c) Should a section 96 modification result in any change to the total cost of the work, the Section 94A



development.

4. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $ 1040.00 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work. This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

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

6. NO BUILDING OR DEMOLITION WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, or demolition work, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and (b) a Principal Certifying Authority has been appointed and Council has been notified of


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

works.

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

Construction Certificate and to be the Principle Certifying Authority. 7. HOARDING REQUIRED

If required, a standard A-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.


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


10. ENGINEERING DETAILS

Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.

11. FENCE NOT TO ENCROACH BEYOND BOUNDARIES No portion of the proposed fence, including the footings, is to encroach beyond the boundaries of the subject property. Alternatively, documentary evidence that the owner of the adjoining property has no objection to the construction of the party fence wall on the common boundary between these properties is to be submitted to Council prior to the issue of a Construction Certificate.

257

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

13. LONG SECTION OF DRIVEWAY Long sections drawn along both edges of the driveway shall be submitted to Council for the approval of the Executive Manager, Creating Waverley prior to issue of the Construction Certificate. The long section drawings shall:

1. Be drawn at a scale of 1:25 2. Include reduced levels (RL’s) of the Knowles Avenue carriageway, the kerb and gutter,

footpath and the hardstand floor. 3. Include existing and design levels. 4. Include ground clearance of the B85 design vehicle using the ground clearance template

contained in Appendix C of AS 2890.1: 2004 Off Street Car Parking. 5. Include a plan showing the line and levels of the driveway to the immediate north of the

proposed driveway and any changes proposed to it.


14. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or intends to



16. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building

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works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

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

building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

18. OBSTRUCTION TO PUBLIC AREAS

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

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

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

sort of danger to persons using the public place; and

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

19. TOILET FACILITIES

Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.

20. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

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

building constructed before 1987, the person acting on the consent shall submit a Work Plan

259

prepared in accordance with Australian Standard AS 2601-2001, Demolition of Structure and a Hazardous Materials Assessment prepared by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:

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

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


23. ASBESTOS REMOVAL

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

24. PROHIBITION OF ASBESTOS RE-USE

No asbestos products are to be reused on site.

25. ASBESTOS REMOVAL SIGNAGE

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

26. SKIPS AND BINS

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

27. NOTIFICATION OF ASBESTOS REMOVAL

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

28. SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the NSW Environment Protection Authority (EPA) Managing Urban Stormwater: Soils and Construction. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be

260

maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

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



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

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

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

(b) Sundays and public holidays Noise from construction activities shall comply with the Protection of the Environmental Operations

(Noise Control) Regulation 2000. 33. BUILDING CODE OF AUSTRALIA


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

261

The specified MANDATORY inspections are: In the case of a Class 1 and 10 building: (a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation Certificate being issued in

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

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

35. NEW WORK TO MATCH EXISTING The external finish of the alterations is to have a uniform appearance to match the external finish of the existing dwelling house.

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


38. TREE PRESERVATION A tree preservation order exists in the Waverley Local Government Area. Before any site can be developed, an application must be made in writing to Council prior to removal of tree/trees. Should permission be granted, the applicant will receive a permit to proceed.

39. TREE PROTECTION Precautions shall be taken when working near trees to ensure their retention, including the following:

262

(a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a nominated

perimeter.

40. NEW VEHICLE CROSSING A new vehicle crossing is to be provided to access the proposed hardstand. A separate application is required for the vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council.


42. VEHICLE TO BE PARKED WITHIN THE SITE

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

43. NO WORKS BEYOND BOUNDARIES No portion of the proposed front fence and gate, including the footings, is to encroach beyond the boundaries of the subject property.


44. OCCUPATION CERTIFICATE

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

45. LIGHTING

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

263

KNOW

LES

AVEN

UE

No. 42EXISTING DWELLING

No. 44

No. 40

CONC

RETE

PAT

H

GARD

EN

BOUNDARY LINE 31.92m


BOUN

DARY

LINE

6.

2m

BOUN

DARY

LINE

6.

215m

GARD

EN FALL

FALL

FALLFALL

FALL

FALL

FALL

FALL

FALL

EXISTING WALL & WINDOW TO BEDEMOLISHED SHOWN IN RED

EXISTING BOUNDARYFENCE & GATE TO BEDEMOLISHED SHOWN INRED

DEMOLISH PARTLANDSCAPING SHOWN INRED FOR NEW DRIVEWAY

BUILDING OUTLINE SHOWN DOTTED

EXISTING ROOFTO BE RETAINED

______________________________________________________

sim2

DA01

GARD

EN

BOUN

DARY

LINE

6.

215m

WARDROBEENSUITE

ROBE

BEDROOM

PAVED AREA

Notes

Drawings in this set are not for construction.Do not scale from drawings.All dimensions to be verified on site prior to commencement of work.All discrepancies to be brought to the attention of the designer.Larger scale drawings and written dimensions take preference.

This drawing is copyright and remains the property of archiVis Pty Ltd,and must not be retained, copied or used without the prior writeenauthority of the author.

PO Box 655Kogarah NSW 1485

Ph: 0419 972 223E: [email protected]: www.archivis.net.auACN: 165 707 559

archi Vis

Client

Project

Drawing Title

Scale Date Drawn Checked

IssueDrawing No.Job No.

Copyright remains the property of archiVis Pty Ltd

A30 10 20 30 40 50 60 70 80 90

USE FIGURED DIMENSION ONLY. DO NOT SCALE.

1 : 100

C

SIMON & TEENA NURMI

42 KNOWLES AVENUE, NORTH BONDINSW 2026

EXISTING SITE PLAN

15 07 11

BY MMJULY 2015

DA01

DA SUBMISSION

SCALE 1 : 100EXISTING SITE PLAN1

Issue Date Description By

A 28.07.15 Initial Issue App'd

B 25.09.15 Revised Issue App'd

C 16.03.16 Revised Issue - Driveway reduced & new windowadded to bedroom

App'd

SCALE 1 : 100PART PLAN - EXISTING2

264

KNOW

LES

AVEN

UE


No. 44

No. 40

CONC

RETE

PAT

H

GARD

EN



BOUN

DARY

LINE

6.

2m

BOUN

DARY

LINE

6.

215m

GARD

EN FALL

FALL

FALLFALL

FALL

FALL

FALL

FALL

FALL

570PROPOSED CARSPACE

5600

2500

PROPOSED CARSPACE

PROPOSED DRIVEWAY

BUILDING OUTLINE SHOWN DOTTEDEXISTING ROOF TO BE RETAINED

NEW SLIDING GATE TOMATCH EXISTING

3 00

NEW

SLI D

ING

GATE

2 70 0

2 62 0

______________________________________________________

sim2

DA02

WARDROBEENSUITE

BEDROOM

GARD

EN

BOUN

DARY

LINE

6.

215m

Notes





archi Vis

Client

Project

Drawing Title




A30 10 20 30 40 50 60 70 80 90


1 : 100

C

SIMON & TEENA NURMI


PROPOSED SITE PLAN

15 07 11

BY MMJULY 2015

DA02

DA SUBMISSION





App'd

SCALE 1 : 100PROPOSED SITE PLAN1

SCALE 1 : 100PART PLAN - PROPOSED2

265

BOUN

DARY

LINE

BOUN

DARY

LINE


EXISTING BOUNDARYFENCE SHOWNDOTTED

BOUN

DARY

LINE

BOUN

DARY

LINE


EXISTING BOUNDARYFENCE SHOWNDOTTED

Notes





archi Vis

Client

Project

Drawing Title




A30 10 20 30 40 50 60 70 80 90


1 : 100

B

SIMON & TEENA NURMI


EXISTING & PROPOSED ELEVATIONS

15 07 11

BY MMJULY 2015

DA04

DA SUBMISSION



B 16.03.16 Revised Issue - Driveway reduced & new windowadded to bedroom

App'd

SCALE 1 : 100NORTH ELEVATION - Existing1

SCALE 1 : 100NORTH ELEVATION - Proposed2

266

RL 18530Level 00

RL 24240Existing Ridge


No. 44No. 40

BOUN

DARY

LINE

BOUN

DARY

LINE

DEMOLISH EXISTINGWALL & WINDOW

DEMOLISH EXISTINGBOUNDARY FENCESHOWN IN RED


No. 44No. 40

BOUN

DARY

LINE

BOUN

DARY

LINE

NEW WALL TO MATCHEXISTING

PROPOSEDDRIVEWAY

EXISTING ROOF TOBE RETAINED

NEW SLIDINGSTACKING GATE

Notes





archi Vis

Client

Project

Drawing Title




A30 10 20 30 40 50 60 70 80 90


1 : 100

C

SIMON & TEENA NURMI


EXISTING & PROPOSED ELEVATIONS

15 07 11

BY MMJULY 2015

DA03

DA SUBMISSION

SCALE 1 : 100WEST ELEVATION - Existing1





App'd

SCALE 1 : 100WEST ELEVATION - Proposed2

267

Application number DA-94/2002/A

Site address 29 Weonga Road, DOVER HEIGHTS

Proposal Modification to privacy treatment of northern windows of rumpus room annex

Approved development

description

Addition To Existing Private Residence

Date of lodgement 11 February 2016

Owner Ms S D Walhaus

Applicant Danny Kidron Architects

Submissions One submission

Issues Privacy


Site Map

268

1. PREAMBLE

1.1 Site and Surrounding Locality A site visit was carried out on 13 April 2016. The site is identified as Lot 21 in DP 14520, known as 29 Weonga Road, DOVER HEIGHTS. The subject site is located on the southern side of Weonga Road, at the eastern end in close proximity to the headland reserve, Dover Heights. The subject site is a large regular shaped allotment with a frontage to Weonga Road of approximately 11m and a total site area of 408.4m². Existing on site is a two storey detached dwelling house, which is bounded on both sides by single storey older style dwelling houses. The locality in general is characterised by residential uses comprising a mix of predominantly one and two-storey detached dwelling houses.

Figure 1: Subject outbuilding viewed from the rear of the principal dwelling

269

Figure 2: Site viewed from the first floor of the rumpus annex looking from the rear

1.2 Details of Approved Development A review of Council’s records indicates the most recent applications on the site are: L-94/2002 – Addition to Existing Private Residence – approved by Council via deferred commencement on 19 March 2003. The deferred commencement conditions were as follows: 1. The submission of amended plans conforming with plans submitted to Council at the meeting

held on February 25, 2003. 2. The additional storey to the out building being setback a minimum distance of 2.0m from the

western side boundary of the site. 3. A 2.75m X 2.75m splay being provided at the front north western corner of the additional

storey to the out building generally in accordance with the sketch plan dated September 26, 2002, prepared by Danny Kidron Architect.

4. The elimination of the western most window within the northern elevation of the additional storey. Architectural relief may be provided by the inclusion of glass brick or highlight windows with a sill height 1.6m above floor level.

5. The western fixed glass section of the window/sliding door in the northern elevation of the additional storey being provided with metal louvres so as to restrict overlooking of the adjoining premises to the west.

6. A written undertaking to be provided from the owners of the premises that the proposed outbuilding will not be used as a separate flat.

The consent was activated on 21 May 2003 and written notification was provided to the applicant that the conditions in Attachment B came into effect.

270

There are also other applications approved on the site for various works to the principal dwelling.

1.3 Proposal The application has been lodged as a section 96 (1A) application and provides for modifications to the privacy treatment of the northern first floor windows of the rumpus annex at the rear of the site. The proposal seeks to remove the approved fixed obscure glass and louvres and incorporate partial obscure glazing across the northern first floor windows and sliding door.

2. ASSESSMENT The following matters are to be considered in the assessment of this modification application under sections 79C and 96 of the Environmental Planning and Assessment Act 1979 (the Act).

2.1 Section 96 Considerations Section 96 (1A) applications - the modification is considered to have minimal environmental impact. The application has been compared to the essential nature of the development as originally approved and it is considered to be substantially the same development. The application has been notified and submissions considered as discussed further in the report.


2.2.1 SEPP 71 Coastal Protection

Modification relates to privacy treatment to windows only. No change to original assessment against provisions of the SEPP.

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


Part 1 Preliminary

1.2 Aims of plan Yes The proposal is not inconsistent with regards

to clause 1.2 aims of plan. Part 2 Permitted or prohibited development

Land Use Table R2 – Low Density Residential

Yes

The proposal is defined as a studio/rumpus outbuilding associated with the dwelling, which is permitted with consent in the R2 zone.


271

The relevant matters to be considered under the Waverley DCP 2012 for the proposed development are outlined below: Table 2: Waverley DCP 2012 – Part C1 Dwelling House and Dual Occupancy Development

Compliance Table


1.8 Visual and acoustic privacy Conditioned To improve visual privacy between properties it

will be conditioned for the eastern first floor windows and sliding door to the northern elevation of the rumpus room annex to be provided with obscure glazing to a height of 1.8m from the finished first floor level. It is noted that the eastern sliding door opens up to a Juliet balcony with a clear glazed balustrade. However, the balustrade is existing and privacy impacts from the Juliet balcony are considered reasonable as it pertains to a passive bedroom space. Subject to the above conditions for obscure glazing, privacy would still be provided to neighbours when the balcony is not in use and the sliding door is closed.

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

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


2.5 Section 79C(1)(d) – Any Submissions The modification application was notified for 14 days, in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development. One submission was received from the western neighbour at 27 Weonga Rd raising issues with privacy which has been addressed in the DCP table above.


3. REFERRALS No internal or external referral comments were sought.

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4. SUMMARY

The application has been lodged as a section 96 (1A) application and seeks consent for modifications to the privacy treatment of the northern first floor windows of the rumpus annex at the rear of the site. The proposal seeks to remove the approved fixed obscure glass and louvres and incorporate partial obscure glazing across the northern first floor windows and sliding door. However, to improve privacy to the adjoining neighbours, it will be conditioned for the obscure glazing to be provided to a height of 1.8m from the finished first floor level to the eastern windows and sliding door on the northern elevation. This will also address the privacy concerns raised in the submission from the western adjoining neighbour. Subject to the recommended conditions of consent, the modification application can be supported.

5. DETERMINATION – DELEGATED AUTHORITY That the Section 96 Modification Application is APPROVED by the Waverley Development Assessment Panel subject to the Conditions in Appendix A:

Report prepared by:




Date: 19 April 2016 Date: 10 May 2016

273

APPENDIX A – CONDITIONS OF CONSENT TO BE MODIFIED

A. New Conditions

1A. SECTION 96 APPROVED PLANS (INSERTED BY DA-94/2002/A) The section 96 modification development must be in accordance with: (a) Drawing Nos AM DA 1, issue A, dated Feb 2016, prepared by Danny Kidron Architects Pty Ltd, and

received by Council on 3 February 2016, Except where amended by the following: (b) Obscure glazing is to be provided to a height of 1.8m from the finished first floor level to

the eastern first floor sliding door and windows on the northern elevation of the rumpus room annex.

This section 96 modification approves only the privacy treatment to the eastern first floor windows of the northern elevation to the rumpus room annex as shown in blue in the approved plans under condition 1A(a) and modified by condition 1A(b). Any other building or improvements on the land are not covered by this development consent.

APPENDIX B – FULL SET OF CONDITIONS

A. CONDITIONS OF THE DEVELOPMENT CONSENT

1A. SECTION 96 APPROVED PLANS (INSERTED BY DA-94/2002/A) The section 96 modification development must be in accordance with: (a) Drawing Nos AM DA 1, issue A, dated Feb 2016, prepared by Danny Kidron Architects Pty Ltd,

and received by Council on 3 February 2016, Except where amended by the following: (b) Obscure glazing is to be provided to a height of 1.8m from the finished first floor level to

the eastern first floor sliding door and windows on the northern elevation of the rumpus room annex.

This section 96 modification approves only the privacy treatment to the eastern first floor windows of the northern elevation to the rumpus room annex as shown in blue in the approved plans under condition 1A(a) and modified by condition 1A(b). Any other building or improvements on the land are not covered by this development consent. All other conditions in Attachment B of the deferred commencement approval for L-94/2002 are reaffirmed.

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-

y

ELEVATION - NORTH

ELEVATION - NORTH

EXISTING

PROPOSED

RUMPUS ROOM ANNEX

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6 WONDERLAND AVENUE TAMARAMA 2026

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tel. 0418 960102

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dateFEB 2016

job 29 WEONGA RD DOVER HEIGHTS — ANNEXCHANGE OF PRIVACY SCREEN

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DANNY KIDRON ARCHITECTS PTY. LTD.ACN 001755228

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drwg SITE PLAN1004

NORTH ELEVATION 275

Application number DA-93/2012/A

Site address Shop 7 and 8, 767-771 Old South Head Road, VAUCLUSE

Proposal Modification to layout including fitout and new wood fire oven

Approved development

description

Change of use to cafe/restaurant

Date of lodgement 18 December 2015

Owner Proprietors of Strata Plan 18122

Applicant Mr M Cthurmer

Submissions Five submissions including one in support (original) and one submission (amended)

Issues Submissions


Site Map

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1. PREAMBLE

1.1 Site and Surrounding Locality A site visit was carried out on 4 March 2016. The property is located on the eastern side of Old South Head Road near the intersection of Old South Head Road, Clarke Street, Young Street and New South Head Road in Vaucluse. The proposal relates to shops 7 and 8 and is described as Lot 7 and 8 in SP 18122. The site is occupied by a part one, part three storey mixed development with three (3) shops at ground level and five (5) dwellings above and to the rear. Shops 7 and 8 are the subject of this application and were used as “Little Grumpies” which is a shop catering to children’s cooking parties whilst shop 8 is currently used as “Pigeonhole” which is a licensed cafe/small bar/restaurant. Shop 6, is currently operating as a Grumpy Baker café and these three premises utilise common kitchen facilities. Adjoining the site to the north is a new mixed development building. To the south and rear of the site is a residential flat development. Opposite are dwelling houses and a mixed development in Woollahra Council area. The site is close to Christison Park and Old South Head Cemetery.


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Figure 2: Site viewed from the shopfront

1.2 Details of Approved Development There are two concurrent consents applicable to the site – DA-93/2012 for the use and DA-17/2012 for extension of hours for a licensed premises. DA-17/2012 for an extension of operating hours of the cafe to 7am – 9pm, Monday to Sunday was recommended for approval by the Development and Building Unit (DBU) to the DCC however the application was refused on 2 June 2012 by the DCC. The refusal of the application was subsequently appealed to the Land and Environment Court (LEC) where the appeal was upheld subject to a 1 year trial period for the trading hours. A further S96 application (DA-17/2012/A) for modification to extend trading hours was approved by WDAP on 24 October 2013 which included additional conditions for a licensed premises as well as an extension of the trial hours and trial period. The hours were again modified in DA-17/2012/B to extend trading to 10pm for a two year period which was approved at the WDAP meeting on 21 December 2015. DA-17/2012/B included the following condition:

3A. WORKS TO WHICH THIS CONSENT RELATES (Inserted as part of DA-17/2012/B) This consent DA-17/2012/B relates to hours of operation only and no approval is given for any fit-out works to, and within the premises.

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This condition excluded any works to the premises as the original DA-17/2012 only pertained to trading hours and works were approved under DA-93/2012 (on which this modification application is based).

DA-93/2012 for a change of use to a cafe/restaurant was approved by the Development Control Committee (DCC) at the meeting of 2 June 2012.

1.3 Proposal The application has been lodged as a section 96 (2) application and provides for alterations to the fitout of the approved development. Specifically:

Alterations to seating numbers and rearrangement including a decrease from 19 patrons to 17 within both shops.

Alteration to the preparation area of shop 7 to include a pizza oven, bench fridge, and coolroom extension (already constructed).

Mechanical exhaust associated with the oven will ventilate externally. An additional information letter was sent to the applicant on 23 December 2015 requesting the following to be addressed:

Existing use rights Amended plan of management Cool room unauthorised works Environmental health issues pertaining to the wood fire pizza oven details, odour and smoke

prevention, and mechanical exhaust compliance with AS1668 Dimensioned and appropriately scaled plans.

Amended/Additional documentation was received by Council in April 2016.

2. ASSESSMENT The following matters are to be considered in the assessment of this modification application under sections 79C and 96 of the Environmental Planning and Assessment Act 1979 (the Act).

2.1 Section 96 Considerations Section 96 (2) applications - the modification(s) if approved is/are substantially the same development as the original consent. Council has consulted any relevant Minister or Authority and notified the application and considered submissions as discussed further in the report.


2.2.1 Waverley Local Environmental Plan 2012 (Waverley LEP 2012) The relevant matters to be considered under the Waverley LEP 2012 for the proposal are outlined below:

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Table 1: Waverley LEP 2012 Compliance Table


Part 1 Preliminary


The proposal is not inconsistent with regards to clause 1.2 aims of plan.


Land Use Table R3 Medium Density Residential Zone

No

“Commercial premises” are a prohibited use and the application relies on existing use rights which have been considered as part of the original application and subsequent modifications. The use is existing and is considered to be an Existing Use under Division 10 of the Environmental Planning & Assessment Act 1979. Clause 44 in Part 5 of the Environmental Planning & Assessment Regulation 2000 allows an existing use to be enlarged, expanded, intensified, altered, extended or rebuilt subject to development consent. The Regulations provide that an existing use may only be altered, extended or rebuilt on the land to which the existing use was erected before the relevant date, but does not provide further restrictions/requirements in regard to the assessment of the application. The merit assessment of this development application is therefore to be considered under Section 79C of the Environmental Planning and Assessment Act 1979 having regard to relevant provisions of the LEP and DCP in as much as they control development on surrounding sites.


The proposal has existing use rights and as such the controls of Development Control Plan 2012 do not apply to the development and a merit assessment must be undertaken to determine acceptability of the proposal. However, the site is zoned R3 – Medium Density Residential, as are the surrounding sites, and it is considered appropriate to assess the development against the controls for the zoning as these controls are reflective of the pattern of development envisaged for the area and surrounding sites. The following assessment relates only to the parts of Waverley DCP 2012 affected by the proposed modification:

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Table 2: Waverley DCP 2012 – Part D1 Commercial and Retail Development Compliance Table


1.1 Design

1.1.3 Amenity Yes Whilst the new mechanical ventilation for the oven cannot be accommodated within the building envelope, it has been designed to cause negligible impact to neighbouring properties and streetscape. The mechanical ventilation comes out the side of shop 8 (driveway) and winds to the rear to vent above the roof. There are no windows at the rear of the mixed use building above the ground floor and the exhaust is suitably setback from adjoining dwellings and the street. Appropriate conditions will be implemented in regards to the works and associated mechanical ventilation as recommended by Council’s Environmental Health officer.

1.2 Noise

Yes Noise from the operation was assessed under DA-17/2012/B and was considered satisfactory. DA-17/2012 was approved with an operational plan of management. The applicant has indicated that they intend on cancelling their liquor license and have based an updated POM on being an unlicensed premises. However, to date and during this assessment, the license is still in force. The POM approved with DA-17/2012 is more stringent and will remain in place. A condition will be imposed to link the conditions of both applications. Furthermore, the seating capacity will be reduced as part of this proposal. It is noted that the premises is currently allowed 19 patrons internally, and amended plans were submitted to show a slight reduction in seating numbers to 17 patrons. No additional cool room equipment is proposed for the cool room extension and appropriate conditions will be included in relation to the new mechanical exhaust system for the woodfire pizza oven, as recommended by Council’s Environmental Health officer.

1.3 Hours of operation

N/A No change as per DA-17/2012/B approval.

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

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


2.5 Section 79C(1)(d) – Any Submissions The modification application was notified for 14 days in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development. The amended plans were renotified for a further 14 days. Five submissions (including one in support) were received to the original application and one to the amended proposal. The issues raised in the submissions are summarised and discussed below. Table 3: Summary of property addresses that lodged a submission

Property

Vaucluse/Diamond Bay Precinct 4/777 Old South Head Rd, Vaucluse (in support) 1 Tower Street, Vaucluse 765 Old South Head Rd, Vaucluse 1/767 Old South Head Rd, Vaucluse

Issue: Inadequate notification and no site notice. Response: Application was notified as per the DCP. Issue: Merging of the two shops into one Response: Shops 7 and 8 have previously related to each other. The seating capacity of the combined space will be slightly reduced. Issue: Noise Response: See discussion in the DCP table. Issue: Street parking and illegal parking Response: The modification is minor and will not result in additional street parking pressures. Illegal parking is not a consideration of this application and is a matter for Council’s parking enforcement officers. Issue: Crowding of footpath Response: Conditions regarding management of the patrons and seating on the footpath were imposed as part of their footpath seating approvals.

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Issue: Previous objections not taken into account Response: Submissions are required to be made in relation to each new application and are not automatically included. Issue: Access to alcohol in the area Response: No change to liquor license which was considered under the DA-17/2012 and subsequent modifications which included additional operational conditions for licensed premises. Whilst the applicant has stated their intention to cancel their liquor license, to date this has not been finalised and all licensed premises operational conditions remain valid. Issue: Illegal use of footpath for a flower shop Response: This is a matter for compliance. Issue: Hours of operation Response: This was approved in DA-17/2012 and subsequent modifications. Issue: Applicant dodging notification requirements by lodging application as a modification Response: The application can be assessed as a modification. See discussion in the report. Issue: Location in a medium density residential area Response: The proposal benefits from existing use rights Issue: Waste and vermin Response: No change to the waste storage and collection conditions as per the original application. Issue: Pizza oven connection to existing exhaust fan will cause unbearable noise Response: The pizza oven will have a separate mechanical ventilation to exit above the roof. Existing mechanical plant noise conditions will remain applicable. Issue: Security cameras being erected on site are an invasion of privacy Response: This is beyond the scope of assessment. Issue: Insufficient woodfire oven details including discharge points Response: Amended plans with additional details including mechanical exhaust have been submitted. Issue: Wood fire oven does not comply with the EPA guidelines

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Response: The proposal has been referred internally to Council’s Environmental Health officer who has not raised any objections subject to recommended conditions of consent which will be imposed on the application. Issue: Removal of planter boxes in the outdoor seating area Response: This is not a part of this assessment.


3. REFERRALS Safe Waverley – Environmental Health The application was referred internally to Council’s Environmental Health officer for comments and no objections were raised subject to the imposition of appropriate conditions of consent. Conditions relating to mechanical ventilation and prohibition of barbecue and charcoal type cooking are already imposed on the consent, but all other recommended conditions will be incorporated.

4. SUMMARY The original application for change of use to a cafe/restaurant was approved 2 June 2012. This section 96(2) application seeks to alter the approved fit out and food preparation area including a small reduction in seating capacity. The works are considered supportable and will not adversely affect the amenity of the area subject to the inclusion of conditions of consent as recommended by Council’s Environmental Health officer. The reduction in seating capacity will minimise noise impacts from the operations. It is noted that to date, the premises remains licensed and the hours of operation and conditions for licensed premises will remain valid as per DA-17/2012 and subsequent modifications. Five objections were received to the application and raise issues mainly pertaining to footpath crowding, illegal parking, street parking shortage, noise, environmental amenity, waste and notification processes. As discussed in the report, the amenity and notification issues are either acceptable as assessed or addressed through conditions of consent. Remaining issues raised are beyond the scope of this application. Having regard to the above, the application is recommended for approval.

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5. RECOMMENDATION TO WAVERLEY DEVELOPMENT ASSESSMENT PANEL That the Section 96 Modification Application be APPROVED by the Waverley Development Assessment Panel subject to the Conditions in Appendix A:

Report prepared by:




Date: 23 May 2016 Date: 24 May 2016

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APPENDIX A – CONDITIONS OF CONSENT TO BE MODIFIED

A. Amended Conditions 1. APPROVED DEVELOPMENT

The development must be in accordance with: (a) Architectural Plan Nos DA01.02B , tables and documentation prepared by Giant

Design Consultants, dated 14 March 2012, and received by Council on 14 March 2012, (DELETED BY DA-93/2012/A)

(b) Drawing No DA100, rev B, dated 14.04.16; Drawing No M-01 to M-04, rev B, dated 04/2016, prepared by Kfir Keren, and received by Council on 21 April 2016

(INSERTED BY DA-93/2012/A) (c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in

accordance with the SWRMP Checklist of Part G1, Waverley DCP 2010; except where amended by the following conditions of consent.

8. LIMIT ON SEATING NUMBERS (AMENDED BY DA-93/2012/A)

Regardless of limits in any approved Plan of Management for the premises and conditions in other related consents, seating accommodation within the premises is to be limited to a maximum of 19 17 diners.

B. New Conditions

2A. ASSOCIATION WITH DA-17/2012 AND SUBSEQUENT MODIFICATIONS (INSERTED BY DA-93/2012/A) All previous conditions in DA-17/2012 and subsequent modifications, except where amended by this modification consent (DA-93/2012/A), remain applicable.

14A. AIR EMISSIONS (INSERTED BY DA-93/2012/A) The use of the premises shall not give rise to air impurities in contravention of the Protection of the Environment Operations Act, 1997. No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, vibration, gases, vapours, odours, dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise.

14B. ODOUR COMPLAINTS (INSERTED BY DA-93/2012/A) In the event of Council receiving odour complaints that cannot be solved by improving maintenance practices the owner shall, at their own cost, solicit the help of an odour specialist to upgrade their mechanical exhaust and odour control systems until the odour emissions are mitigated. Details of all kitchen exhaust system upgrades must be provided to Council for approval before being installed.

14C. ODOURS (INSERTED BY DA-93/2012/A)

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The following requirements apply to the development to ensure that odours do not impact on the amenity of the locality: (a) The premises must not give rise to any impurities or odour in contravention of the Protection of

the Environment Operations Act 1997; (b) Any odours from the premises must not cause a public nuisance nor be hazardous or harmful to

human health.

48. AIR CONTAMINATION (INSERTED BY DA-93/2012/A)

A detailed report prepared by a suitably qualified person detailing the products of any gases, vapour, mists, cinders, solid particles of any kind, mists or odours that are discharged to the atmosphere. The report must:- (a) Detail the type and name of all discharges from any vent, stack, pipe or duct discharging gases,

vapour, mists, cinders, solid particles of any kind, mists or odours to the atmosphere; (b) The volume and velocity of the effluvia being discharged from the building, and the location of

the discharge point, and; (c) Identify pollution mitigation measures to be incorporated into the building design so that any

discharges to atmosphere comply with the requirements of the Protection of the Environment Operations Act 1997.

(d) The Principal Certifying Authority (PCA) must ensure that the air pollution mitigation measures

identified in the subject report are suitably incorporated into the development as erected prior to the issue of an Occupation Certificate.

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APPENDIX B – FULL SET OF CONDITIONS

A. APPROVED DEVELOPMENT 1. APPROVED DEVELOPMENT

The development must be in accordance with:

(a) Architectural Plan Nos DA01.02B , tables and documentation prepared by Giant Design Consultants, dated 14 March 2012, and received by Council on 14 March 2012, (DELETED BY DA-93/2012/A)

(b) Drawing No DA100, rev B, dated 14.04.16; Drawing No M-01 to M-04, rev B, dated

04/2016, prepared by Kfir Keren, and received by Council on 21 April 2016

(INSERTED BY DA-93/2012/A) (c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in

accordance with the SWRMP Checklist of Part G1, Waverley DCP 2010; except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS

The proposal shall be amended as follows: (a) The tables indicated in Shop 8 are to be standard height tables suitable for dining

purposes. In this regard all patrons at the premises are to be seated when consuming food and beverages on the premises.

(b) The external toilet be compliant with BCA regulations, and the toilet door be soft

closing.

(c) The external toilet be accessible to patrons only during the approved operating hours for the premises.

(d) The rear courtyard and side passageway must not be used by staff for recreational purposes.

(e) The side door be closed at 7pm and no entry or exit via this door to occur after this time.

The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

2A. ASSOCIATION WITH DA-17/2012 AND SUBSEQUENT MODIFICATIONS (INSERTED BY DA-

93/2012/A)

All previous conditions in DA-17/2012 and subsequent modifications, except where amended by this modification consent (DA-93/2012/A), remain applicable.

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3. HOURS OF OPERATION

The hours of operation of the premises being restricted to between 7am and 7pm Mondays to Friday and 9am to 4pm Saturday and Sundays, inclusive.

4. ROLLER SHUTTERS

The installation of roller shutters or grilles, in front of, or in place of a standard window or shop front is prohibited. Council Policy requires the retention of a glass shop front for window display purposes.

5. PATRON BEHAVIOUR

The Management shall ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise and litter generated by patrons of the premises and shall ensure that patrons leave the vicinity of the premises in an orderly manner to the satisfaction of Council. If so directed by Council, the Management is to employ private security staff to ensure that this condition is complied with.

6. AMUSEMENT MACHINES & THE LIKE

The installation of jukeboxes, pinball machines, pool tables or similar amusement machines will not be permitted without the written consent of Council.

7. NO BARBECUE OR CHARCOAL TYPE COOKING

This approval does not permit the installation of barbecue or charcoal type cooking appliances. Comprehensive details must be submitted with a formal application to Council for approval prior to the installation of any such equipment.

8. LIMIT ON SEATING NUMBERS (AMENDED BY DA-93/2012/A)

Regardless of limits in any approved Plan of Management for the premises and conditions in other related consents, seating accommodation within the premises is to be limited to a maximum of 19 17 diners.

9. OUTDOOR SEATING

This approval relates strictly to the installation of seats within the confines of the shop premises with no seats to be placed external of the building. Any proposal to utilise an area external of the building for dining will be subject to a separate development application to Council and if approved will require a lease agreement to be entered into with Council.

10. NO SPRUIKERS

Spruikers (with or without sound amplification) shall not operate without the prior written consent of Council.

11. NO USE OF NON-RECYCLABLE PACKAGING WITH FOOD SERVICE

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The premises shall not provide prepared food to its customers in any non-recyclable or non bio-degradable polystyrene foam food packaging nor shall any restaurant/take-away food outlet purchase, obtain or keep any polystyrene foam food packaging for such purposes.

12. ENTERTAINMENT NOISE EMISSIONS

No sound reproduction device nor any forms of entertainment operated within the premises are to exceed a noise level of 5dBA above background noise levels measured from any public place or other parts of the premises or adjoining premises. No live entertainment is permitted within the premises.

13. NOISE - MECHANICAL PLANT

Noise associated with mechanical plant shall not give rise to any one or more of the following:

(a) Transmission of "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy.

(b) A sound pressure level at any affected property that exceeds the background (LA90, 15

minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the licensed premises. The source noise level must be assessed as a LAeq, 15 minute.

(c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant

associated with the premises must not be audible in any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

(d) A Certificate is to be submitted at the completion of all work and prior to the issue of

an Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment complies with the terms of approval in relation to noise.

14. EMISSIONS

No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, vibration, gases, vapours, odours, dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise.

14A. AIR EMISSIONS (INSERTED BY DA-93/2012/A)

The use of the premises shall not give rise to air impurities in contravention of the Protection of the Environment Operations Act, 1997. No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, vibration, gases, vapours, odours, dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise.

14B. ODOUR COMPLAINTS (INSERTED BY DA-93/2012/A)

In the event of Council receiving odour complaints that cannot be solved by improving maintenance practices the owner shall, at their own cost, solicit the help of an odour

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specialist to upgrade their mechanical exhaust and odour control systems until the odour emissions are mitigated. Details of all kitchen exhaust system upgrades must be provided to Council for approval before being installed.

14C. ODOURS (INSERTED BY DA-93/2012/A)

The following requirements apply to the development to ensure that odours do not impact on the amenity of the locality: (d) The premises must not give rise to any impurities or odour in contravention of the

Protection of the Environment Operations Act 1997; (e) Any odours from the premises must not cause a public nuisance nor be hazardous or

harmful to human health.

15. REFRIGERATION UNITS & MECHANICAL PLANT

All refrigeration motors/units and other mechanical plant are to be installed within the building in an acoustically treated plant room. In this regard, adequate provision is to be made within the confines of the building for any plant and equipment associated with the use of the building.

16. NO FLASHING SIGNS

The use of flashing lights, flashing illuminated signs and the like is prohibited. 17. LOCATION OF SIGNS

No advertising signs or notices are to be affixed to the windows of the premises. 18. ERECTION OF SIGNS

(a) The erection of the sign is to satisfy the following requirements: (b) Be subject to development consent of Council: (c) Be erected/supported in a secure manner for safety purposes; (d) Does not cause measures that would cause irreversible damage to the building; and, (e) Shall be a minimum of 2.6m above the footpath level and be offset a minimum of

600mm behind the kerb. 19. NO SIGNS OR GOODS ON PUBLIC AREA

Portable signs or goods for sale or display must not be placed on the footway or other public areas, without the prior approval of Council.

20. EXISTING SIGNS

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Any existing advertising structures displayed at the premises not relating to the approved use being removed and any proposed advertising structures to be displayed at the premises being the subject of a specific application to Council.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 21. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following:

(a) A cost report indicating the itemised cost of the development shall be completed and

submitted to council:

(1) Where the total development cost is less than $500,000: "Waverley Council Cost Summary Report"; or,

(2) Where the total development cost is $500,000 or more:

"Waverley Council Registered Quantity Surveyor's Detailed Cost Report".

A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

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

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

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

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

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre.

Advisory Note

- A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full

cost of the development. 22. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $1,000.00 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work.

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This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.


A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate.

Note: Council acts as an agent for the Long Service Payment Corporation and the levy may

be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

24. ADDITIONAL DA FEE REQUIRED

Council considers the estimated cost of the proposed building work to be $50,000 in lieu of $0 as indicated on the development application form. In this regard, an additional development application fee of $175.00 is to be paid, prior to the issue of the Construction Certificate.

25. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

The building work, including demolition, must not be commenced until:

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

(b) a Principal Certifying Authority has been appointed and Council has been notified of


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

building works.

The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority.

26. ESSENTIAL SERVICES - EXISTING BUILDING

Details of the currently implemented and proposed essential fire safety measures shall be submitted to Council, with the Construction Certificate, in the form of a Fire Safety Schedule. This Schedule shall be prepared by a person competent to do so and shall specify the minimum standard of performance for each essential fire safety measure included in the Schedule.

At the completion of the installation, a Final Fire Safety Certificate shall be attached to the Occupation Certificate, certifying that each essential fire safety measure specified within the current Fire Safety Schedule:

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has been assessed by a properly qualified person; and

found to be capable of performing to at least the standard required by the current Fire Safety Schedule for the building for which the Certificate is issued.

27. ACCESS

The development shall be provided with access and facilities for people with disabilities in accordance with AS1428.1-2001 Design for Access and Mobility Part 1: General Requirements for Access. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

28. ACCESS TO MAIN ENTRY

Access in accordance with AS1428.1 shall be provided to and within the main entrance and exit points of the development. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

29. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY

A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the extra load of the proposed additions is to be provided to Council or the Accredited Certifier prior to the issue of a Construction Certificate.

30. SMOKE-FREE ENVIRONMENT LEGISLATION

The use and operation of the premises is to comply with the Smoke-free Environment Act 2000 and the Smoke-free Environment Regulation 2000. Guidance may also be obtained from the NSW Health Department.

Written Certification from a suitably qualified person stating that the proposed smoking areas (terrace / courtyard / deck / balcony) are designed in accordance with the Smoke-free Environment Act 2000 and the Smoke-free Environment Regulation 2000 must be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of a Construction Certificate.

Note: The certification must include compliance with Section 10 "Duty to prevent the spread

of smoke" and Regulation 8 "Guidelines for determining what is an enclosed public place etc."

31. USE OF RENEWABLE TIMBERS

Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.

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C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION 32. FIRE SAFETY UPGRADING WORKS

Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing building is to be brought into conformity with the Building Code of Australia in relation to fire safety, fire protection and structural adequacy of the buildings. Details demonstrating compliance with the Building Code of Australia must be submitted with the Construction Certificate documentation including the following fire safety upgrading works;

(a) The floor separating the ground floor restaurant from the first floor residential unit is

to be fire rated to achieve a Fire Resistance Level of 90/90/90 in accordance with the requirements of Specification C1.1 of the Building Code of Australia. Details of the method of compliance are to be provided in the plans prior to the issue of a Construction Certificate. All fire resistance rating works are to be certified by a suitably qualified installer.

(b) A Certificate of Adequacy prepared by a practising Structural Engineer, certifying the

structural adequacy of the existing timber framework in the building to support the proposed fire rating of the ceilings throughout the building being provided prior to the issue of a Construction Certificate.

All penetrations between floors and walls of the building are to be protected and certified in accordance with the requirements of C3.15 of the Building Code of Australia and certification is to be provided.

The electrical installations serving the premises must be inspected by a suitably qualified electrician and certified prior to the issue of an Occupation Certificate. The certificate should include the following: i. That a visual examination of wiring, fittings and accessories was undertaken and

were found to be in sound condition; ii. That an insulation resistance test was undertaken pursuant to clause 1.5.2 of AS

3000 and was found to be satisfactory; iii. That circuit protection devices used have been examined and found to be

satisfactory pursuant to clause 2.4 of AS 3000.

Prior to the issue of an Occupation Certificate by the accredited certifier, all fire safety upgrading works are to be completed and certified to the satisfaction of the Principal Certifying Authority and a Final Fire Safety Certificate are to be submitted to Council, certifying that each essential fire safety measure specified in the approved Fire Safety Schedule:-

(a) has been assessed by a properly qualified person; and (b) has been found, when it was assessed, to be capable of performing and is being

maintained to at least the standard required by the current Fire Safety Schedule for the building for which the Certificate is issued.

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33. FOOD PREMISES

The following requirements apply to premises that commercially provide food: (a) The premises must comply with the Food Act, 2003 and the Food Standards Code there

under; (b) The applicant must arrange for an inspection by Council's Environmental Health

Surveyor prior to Occupation; (c) The premises are to be registered with Council prior to the issue of the Occupation

Certificate; (d) The premises must be constructed in accordance with the requirements of Council's

"Policy for fit-out and construction of food premises". Copies of the policy can be purchased at Council's Customer Service Centre; and

(e) The proprietor must pay any fees incurred by the carrying out of food safety inspections

as determined by Council's Pricing Policy, Fees and Charges.

Note: The premises are to use healthier oils such as mono or polysaturated oil to shallow and/or deep fry foods that are prepared, served, available and marketed to customers. This will assist in decreasing the availability of foods prepared for sale that contain high levels of saturated and trans fats.

34. MECHANICAL VENTILATION SYSTEMS

(a) The premises are to be ventilated in accordance with the requirements of the Building Code of Australia & relevant Australia Standards.

(b) Any proposed mechanical ventilation system shall comply with the Australian Standard AS

1668 - 1991 (Parts 1 and 2). Prior to installation, the design is to be certified by a person competent to do so. At completion of the installation of the system and prior to the issue of the Occupation Certificate, the work shall be certified by a person competent to do so. The certification shall include: (i) inspection, testing and commissioning details; (ii) date of inspection, testing and commissioning details; (iii) the name and address of the individual who carried out the test; and (iv) a statement that the service has been designed, installed and is capable of

operating to the above standard. 35. BUILDING CODE OF AUSTRALIA


36. SMOKE ALARM SYSTEM

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

37. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of:

(a) the name and contractor licence number of the licensee who has contracted to do, or

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

38. CONSTRUCTION SIGNS

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

39. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:

(a) outline the identification of any hazardous materials, including surfaces coated with

lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code

of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

40. CONSTRUCTION HOURS

Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

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(a) The Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and (c) On the Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

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

41. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (COMMERCIAL CLASS 5, 6, 7, 8 AND 9)

The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification.

MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate.

The specified MANDATORY inspections are: In the case of a Class 5, 6, 7, 8 or 9 building: (a) at the commencement of the building work; (b) prior to covering any stormwater drainage connections; and (c) after the building work has been completed and prior to any Occupation Certificate

being issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) prior to installation of fire resisting construction systems (ie fire rated ceilings and

walls). Note: Certification may be required from a suitably qualified person, in relation to specialist

matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

42. WASTE STORAGE AND COLLECTION

The applicant must provide 1 x 240lL MGB for garbage collected daily and 1 x 240L MGB for comingled recyclables collected three times per week. The applicant must enter into a commercial waste contract for the removal of these bins.

The waste and recycling storage area must be able to accommodate all bins, with all bins simultaneously accessible.

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Waste collection is to be carried out only during the approved hours of use of the premises, and no earlier than 9am.

A Waste Management Plan be submitted to Council. The Waste Management Plan to incorporate an enclosure at the rear of the property for bin storage, and an appropriate location on the street for bin placement on waste collection days. No recycling or depositing of waste in external bins be undertaken between 7:30pm and 7am.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION 43. FINAL OCCUPATION CERTIFICATE

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

44. LIGHTING

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

45. MANAGEMENT RESPONSIBILITY

The management of the premises shall be responsible for: (a) Ensuring patrons do not loiter at the front of the premises (b) Ensure no crowding in front of the premises occurs that obstructs pedestrian access

and flow (c) Patron’s behaviour of those utilising the sanitary facilities.

46. LIQUOR SERVICE

No liquor may be served on the premises except with the approval of the relevant authority and only when served with, or ancillary to a meal.

47. CONSUMPTION OF LIQUOR ON FOOTPATH

The consumption of liquor on the footpath must not occur unless in accordance with a valid outdoor seating consent approved by Waverley Council.

48. AIR CONTAMINATION (INSERTED BY DA-93/2012/A)

A detailed report prepared by a suitably qualified person detailing the products of any gases, vapour, mists, cinders, solid particles of any kind, mists or odours that are discharged to the atmosphere. The report must:-

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(a) Detail the type and name of all discharges from any vent, stack, pipe or duct discharging gases, vapour, mists, cinders, solid particles of any kind, mists or odours to the atmosphere;

(b) The volume and velocity of the effluvia being discharged from the building, and the

location of the discharge point, and; (c) Identify pollution mitigation measures to be incorporated into the building design so

that any discharges to atmosphere comply with the requirements of the Protection of the Environment Operations Act 1997.

(d) The Principal Certifying Authority (PCA) must ensure that the air pollution mitigation

measures identified in the subject report are suitably incorporated into the development as erected prior to the issue of an Occupation Certificate.

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application number da-531/2015 site address 67-69 penkivil street

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