development committee agenda no. 1/09 · owner: r polcino date lodged: 11 march 2008 this report...

Development Committee

AGENDA NO. 1/09

Meeting Date: Tuesday, 17 February 2009 Location: Committee Room No. 3, Fifth Floor,

Civic Centre, 1 Devlin Street, Ryde Time: 4.00pm Note: Any matters not determined at the meeting will be considered by Council at its meeting to be held on Tuesday, 24 February 2009.

NOTICE OF BUSINESS Item CONFIRMATION OF COMMITTEE REPORT ..................................................... 1 2 18 FISHER AVENUE RYDE. LOT 276 in DP 12999. - Local Development

Application for Duplex. LDA 162/2008. INSPECTION 4.20PM INTERVIEW 5.00PM .................................................... 2

3 95 WATERVIEW STREET, PUTNEY. LOT: 413 DP: 15093. - Application for

Section 96 Modification to modify the approved 2 storey dwelling by addition of a store room, amend front driveway/pathway, privacy screen, internal layout, changes kitchen windows, amend fence details, revised landscaping and change wordings to engineering conditions. LDA 700.2/2004 INSPECTION 4.40PM INTERVIEW 5.10PM .................................................. 41

Development Committee Page 1

Development Committee Agenda No. 1/09, dated 17 February 2009.

1 CONFIRMATION OF COMMITTEE REPORT RECOMMENDATION: That the report of the meeting of the Development Committee No. 8/08 held on 4 November 2008, be confirmed.



2 18 FISHER AVENUE RYDE. LOT 276 in DP 12999. - Local Development Application for Duplex. LDA 162/2008.

INSPECTION 4.20PM INTERVIEW 5.00PM

Report prepared by: Consultant Town Planner Report approved by: Manager Assessment Report dated: 13 January 2009 File No. LDA08/162

The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary

Applicant: MM Design Group Pty Ltd Owner: R Polcino Date lodged: 11 March 2008

This report considers a proposal to demolish the existing building and to erect a 2 storey duplex on the site. The proposal has been assessed under Development Control Plan 2006 and although complying with the substantive planning controls, there are a number of non-compliances – height, number of parking spaces, hard paving and roof over part of the driveway. Some of these are relatively minor and do not cause unacceptable impacts, however the more significant issues are dealt with via conditions. Five (5) submissions were received as a result of public notification raising issues related to the impact on the character and amenity of the area, height/loss of views and privacy. These matters have been discussed in the report with privacy and height/loss of view issues being subject to conditions. The concerns relating height/loss of view have been addressed by a requirement to remove the lightwell level above the first floor (that gives the appearance of a 3 storey building) and to have a maximum ridge height of approximately RL 88.5, in lieu of RL90.1 as proposed. This would make the height when viewed from the street about the same as the ridge of the roof over the central part of the building shown on the front elevation – see condition 29. Concerns relating to privacy are addressed by condition 30 requiring privacy screens on the first floor balcony. The application is recommended for approval subject to the conditions set out in the recommendation. Reason for Referral to Development Committee: Request by Councillor O’Donnell. Public Submissions: 5 submissions (from 4 properties) were received objecting to

the development. 2. Site (Refer to attached map.)

Address : 18 Fisher Avenue, Ryde



ITEM 2 (Continued) Site Area : 696.7m2

Frontage: 18.29m Depth: 38.1m

Topography and Vegetation :The site is reasonably level with a slight fall of about 1m

from rear to front and a crossfall of about 1m from southeast to northwest

Existing Buildings : Single storey fibro & tile dwelling house with detached

carport at the rear Planning Controls

Zoning : Residential A in Ryde Planning Scheme 1979 Other : DCP 2006: 3.3 - Dwelling Houses & Duplex Buildings

7.2 – Waste Minimisation & Management 9.4 - Fencing

7.1 – Energy Smart, Water Wise Section 94 Contributions Plan 2007 Building Sustainability Index 2004 3. Councillor Representations: Name of Councillor: Councillor O’Donnell Nature of the representation: Matter be referred to Development Committee Date: 17 October 2008 Form of the representation (e.g. via email, meeting, phone call): Representation to Group Manager, Environment & Planning On behalf of applicant or objectors? Not known Any other persons (e.g. consultants) involved in or part of the representation: Not known 4. Political Donations or Gifts Any political donations or gifts disclosed? If yes, provide details. No political donations or gifts disclosed 5. Proposal The application is to demolish the existing dwelling and erect a 2 storey (+ lightwell) duplex on the site. The dwellings are to be mirror reversed and each is proposed to comprise:



ITEM 2 (Continued) • Ground floor – entry foyer, lounge/dining, kitchen, laundry, wc, rear facing balcony

with lattice privacy screening to the side. • First floor – 3 bedrooms (1 with ensuite), bathroom, front and rear facing balconies

with pergolas over. The bedrooms have their entry off a “retreat” area (2.7 x 4m) at the top of the stairs.

A single garage and open parking space (between the garage and the boundary) are proposed for each dwelling. Separate single width driveways are proposed as an existing light pole precludes a single shared driveway. The building is to be rendered brick with metal roof. A finishes board has been submitted indicating light brown rendered walls, green metal roof with shades of beige trim. The driveway is to be stamped concrete of natural stone effect (dark brown). A “light well” is proposed across the central part of the building and provides light to the “retreat” area of the top of the stairs on the first floor level. The light well provides the appearance of a 3 storey building. The following documentation was also submitted: • Statement of Environmental Effects • Drainage plans • Shadow plans • Survey • Landscape plan 6. Background DA was lodged on 12 March 2008. 18/3/08 Site inspections. The building is used as a dual occupancy

although no record of approval was located.

27/3/08 Compliance check

14/4/08 Letter to applicant advising of: • 53.5m² over FSR • Non-compliances with rear setback, height • Dwelling entry not facing the street • Overlooking from balconies • Excessive hard paving • Parking spaces exceed the requirement • BASIX commitments not shown on the plan • Garages undersize.



ITEM 2 (Continued) 24/7/08 Amended plans received addressing the issues. A number of

non-compliances remain, although the applicant has made a submission in support of most. These will be addressed in the report.

1/8/08 – 15/8/08 Public notification.

16/10/08 Compliance check of areas of non-compliance originally identified to establish compliance.

23/12/08 Telephone discussion with the architect about the non-compliance with the FSR. He was advised a SEPP 1 objection was necessary as Council’s assessment indicated an 11.05m2 excess floor space. Architect undertook to provide calculations of the FSR as he believed they complied.

6/1/09 Email from architect showing FSR calculations that did not include voids. Discussed with architect and advised voids must be included as well as the common wall. If over 0.5:1 a SEPP 1 objection was required.

8/1/09 Amended plans reducing the floor space to comply with the 0.5:1 FSR received that have been checked and now comply.

7. Submissions The proposal was notified in accordance with Council’s DCP 2006: Part 2.1- Notification of Development Applications for a 14 day period ending on 15 August 2008. During this period 5 submissions (from 4 properties) were received raising the following concerns: • The proposal will change the character of the area and affect the lifestyle of

residents, especially as it is an absentee landlord. • Trees previously on the site have been removed, last 2 remaining small trees to

be removed. Removes opportunities for wildlife. • Building is too big with no landscaping or trees. • Would have done a similar development but after discussion with neighbours

decided against it due to their oppositions. • A large building across the site will change the character of the street that

comprises small free standing dwellings. • The number of windows in the side elevation gives the appearance of a block of

flats rather than a dwelling house.



ITEM 2 (Continued) Comment The building has the same height, bulk and setback controls as those applying to a dwelling house. The single storey character of the street is changing as now there are a number of 2 storey dwellings in the street. Apart from the street frontage the elevations and the number of windows are not dissimilar to those of a similarly sized two storey dwelling house. The street elevation is addressed under comments relating to height below. No evidence of previous trees and not a matter for consideration as part of this application. Remaining trees are small and not covered by the TPO. A landscaping plan was available for inspection with the application documentation. The deep soil planting area at the front was deficient in area; however condition 31 requires the hard paving proposed for additional car parking be removed and the area landscaped. • Cause additional parking in the street. Comment

One additional dwelling is unlikely to significantly contribute to increase street parking. The DCP requires a maximum of 1 space per dwelling and in this respect a single garage has been provided for each dwelling. There is sufficient space in front of the garage to park an additional vehicle if required. • The number of windows proposed, as well as the balconies, will impact on

privacy. Comment Living area windows are at ground level and direct overlooking will be restricted by the dividing fence. Lattice privacy screens are proposed on the sides of the rear ground floor balcony. Condition 30 requiring similar treatment to the rear first floor balconies has been imposed. • Request to address Committee if application is not determined under delegated

authority. Comment The objector will be advised as Councillor O’Donnell has called the application to Development Committee for determination. • The height of the dwelling, particularly the skylight, will affect distant views to the

east (city) and to the west.



ITEM 2 (Continued) Comment The proposed duplex technically complies with the height (storey) requirements but gives the appearance of a 3 storey dwelling especially when viewed from the street. This is due to the fact that a “lightwell” is situated in the central part of the structure and appears as a transverse roof element and as it does not have a ceiling is not a storey. Its only practical function is to provide light to the “retreat” area at the top of the stairs and to the stairs. This could just as easily be achieved by flush mounted skylights in the roof. This would eliminate this level and provide an appearance of a 2 storey building which would be more acceptable in the context of other 2 storey buildings in the street. The removal of the “lightwells”, as shown below, will reduce the ridge by about 1.5m which will assist in minimising impact on views and will make the dwelling comply with the height requirements. Condition 29 has been included in the recommendation.

Any donations or gifts disclosed in the submissions? If yes, provide details No donations or gifts disclosed 8. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning

The subject site is zoned Residential A under the provisions of the Ryde Planning Scheme Ordinance. The proposed works are permissible with the consent of Council.



ITEM 2 (Continued) Mandatory Requirements

Ryde PSO Proposal Compliance

• Cl. 41 Consent to remove trees One multi stemmed tree to be removed near front of building shown on plans – see comments under Natural Environment

Yes

• Cl. 56E (2) Min site 580m² in 2(a) zone

696.7m2 Yes

• Cl. 56E (3) FSR 0.5:1 in 2(a) zone

0.5:1 Yes

• Cl. 56E (4) Adequate water & sewer

Existing services available, Sydney Water condition

Condition 26

• Cl. 56FA (1) No subdivision after 1/3/96

Not applied for Yes

• Cl. 56FA (2) Strata subdivision prohibited

Not applied for Yes

• Cl 56H Restrictive covenants suspended

No known covenants Yes

(b) Building Sustainability Index: BASIX 2004

Certificate 178663s dated 23 January 2008 was submitted with the application and requires the following to be shown on the DA plans:

BASIX Proposed Compliance

Rainwater Tank • Installation of 2x3000 litres rainwater tank 300 litres per dwelling Yes Hot Water • Gas 3 star or higher Gas 3 stars Yes Natural Lighting • Installation of a window and/or skylight in

the kitchen and in 3 bathroom(s)/toilet(s) in the development.

All shown on plans Yes

Fixtures • 3 star showerheads, cisterns, taps 3 star showerheads,

cisterns, taps Yes

Thermal Score PASS Pass Yes Energy Score Target 40% 44% Yes Water Score Target 40% 43% Yes



ITEM 2 (Continued) (c) Relevant SEPPs There are none that affect the proposed works or the subject site. (d) Relevant REPs There are none that affect the proposed works or the subject site. (e) Any draft LEPs

Council has placed Draft Local Environmental Plan 2008 on public exhibition from 12 November 2008 to 16 January 2009. Under this Draft LEP, the zoning of the property is Low Density R2. The proposed development is permissible as a Dual Occupancy with consent within this zoning under the Draft LEP. It is considered that the proposal is not contrary to the objectives of the Draft LEP or those of the proposed zoning.

(f) Any DCP City of Ryde Development Control Plan 2006: The proposal is in compliance with the relevant parts of DCP 2006 as illustrated by the development standards below. Part 3.3 - Dwelling Houses and Duplex Buildings

Controls Proposed Compliance 1.7 Site Analysis • To be submitted for all except

minor work Some detail shown on existing site plans and considered in the SEE

Yes

2.1 Desired Future Character • Development is to be

consistent with the desired future character of the low density residential areas.

No significant impact to existing character of area

Yes

2.2.1 Dwelling Houses • To have a landscaped setting

that includes significant deep soil areas at front and rear.

Landscape concept plan submitted, deep planting at front & rear

Yes

• Maximum 2 storeys 2 storeys + lightwell level to street, appears as 3 storeys

Yes (technical compliance)

• Dwellings to address street Faces street Yes • Garage/carports not visually

prominent features. Set behind front setback Yes



ITEM 2 (Continued)

Controls Proposed Compliance 2.2.2 Alterations and Additions • Design of finished building

appears as integrated whole. Appears as integrated whole Yes

• Development to improve amenity and liveability of dwelling and site.

Significant improvement in amenity

Yes

2.3 Duplex Dwellings • Linear separation controls

apply in Residential A zone None within specified distance Yes

• New duplex to comply with Dwelling House controls

See Dwelling Houses above See above

2.4 Public Domain Amenity Streetscape • Design, setback, location &

height to respect existing topographic setting

Appropriate in site context, except for lightwell

No (Condition 29)

• Design of front gardens - provide soft landscaping Soft landscaping provided Yes - reflect character & height of

fences & walls along street or absence thereof

Hedge proposed in lieu of fencing

Yes

- reflect character & layout of established front gardens in street

Compatible with streetscape Yes

- retain, protect or replace existing mature vegetation & trees

Most trees retained, remove one near southern driveway, replacement proposed

Yes

- ensure no damage to adjoining trees

No significant work near adjoining trees

Yes

• Dwelling design: - front doors and windows to

face street. Side entries to be clearly apparent.

Face street Yes

- Roof form & detailing to complement others in street

Compatible with street Yes

• Carports & garages: - be compatible with building

design Compatible Yes

- be set back behind front elevation

Behind setback Yes

• Minimise driveway & hardstand areas at front

Minimised on amended plans Yes



ITEM 2 (Continued)

Controls Proposed Compliance • Orient dwelling, garages,

carports to match prevailing in street

Face street Yes

• Facades visible from public domain:

- front doors & building entry to be prominent

Face street Yes

- integrate services into design Integrated Yes - corner buildings to address

both frontages

- single storey entrance porticos.

Single storey, under balcony overhang

Yes

- head height of doors & windows to be at consistent level

Consistent Yes

- articulated street facades Public Views and Vistas • Provide view corridor along at

least one side allotment boundary where an existing or potential view to the water from the street. Landscaping & other elements not to restrict views.

No significant views NA

• Fence 70% open where height is >900mm

None proposed NA

• Garages/carports and outbuildings are not to be located within view corridor if they obstruct view.

Integrated garage NA

Pedestrian & Vehicle Safety • Locate car parking to

accommodate sightlines to footpath & road

Integrated garage Yes

• Fencing that blocks sight lines is to be splayed.

None proposed NA

2.5 Site Configuration Deep Soil Areas • 35% of site area min 35.9% (deep soil) area Yes • Min 8x8m deep soil area for

the allotment, not for each dwelling

>8x8m Yes

• Front yard to have deep soil area (only hard paved area to be driveway, pedestrian path and garden walls)

Driveways are only paved areas

Yes



ITEM 2 (Continued)

Controls Proposed Compliance • To have soft landscaping Soft landscaping proposed Yes • Be 100% permeable, above

or below ground structures 100% permeable Yes

Topography & Excavation None proposed NA 2.6 Floor Space Ratio • Ground floor 214m2 • Second floor 170m2 • Outbuildings (inc covered

pergolas, sheds etc) None

• Total (Gross Floor Area) 384m2 • Less 36m2 (double) 348m2 • FSR (max 0.5:1) 348.7m2 0.5:1 FSR Yes

2.7 Height • 9.5m overall height from

existing ground level (EGL) 9.74m No

(Condition 29) • Wall plate (ceiling) 7.5m 6.8m Yes • 2 storeys max (storey inc

basement <1.2m above EGL) 2 storeys plus lightwell, appears 3 storeys from street

Yes (technical compliance)

• 1 storey max above attached garage inc semi-basement or at-grade garages

1 storey Yes

• Ceiling height: o habitable rooms 2.4m min

ceiling height 2.6m Yes

2.8 Setbacks • Front o 6m to façade (generally) 8m Yes o garage setback 1m from

dwelling façade Setback 1m Yes

o front setback free of ancillary elements, e.g. rwt, a/c.

None proposed Yes

o Outside wall above to align with outside face of garage below

Wall aligns Yes

• Side o Two storey 1500mm to wall

Includes balconies etc 1545mm

Yes

• Rear o Greater of 8m OR 25% of

length of site (9.525m) 10.94m Yes

2.9 Outbuildings None proposed



ITEM 2 (Continued)

Controls Proposed Compliance 2.10 Car Parking • Duplex: 1 spaces max for

each dwelling 4 spaces No

(Condition 31) • Either enclosed structure or

roofed open structure Garage + open parking space for each

No (Condition 31)

• Garages set back 1m from façade.

Setback 1m Yes

• Solid doors required Solid proposed Yes • Entries preferably off laneway

or secondary street None available NA

• Driveways single car width except to widen for access to double garage

Single width Yes

• Driveways cannot be roofed 2.4m of first floor balcony over driveway

No

• Garages lesser of max 6m wide or 50% of frontage

6m or 39% Yes

• Garage doors not to be recessed <300mm behind outside face of building element above

Not recessed Yes

• Garage windows are to be at least 900mm away from boundary

2.79m Yes

2.12 Landscaping Trees & Landscaping • Major trees retained where

practicable No major trees affected NA

• Provide useful outdoor areas by coordination design & placement

Adequate provided Yes

• Provide physical connection between dwelling & outdoor spaces where ground floor elevated above NGL e.g. stairs, terraces

Living area at ground level Yes

• Landscaped front garden, with max 40% (145m2 hard paving

52% (76m2) Condition 31

• Provide obstruction free pathway on one side of dwelling (excl Cnr allotments or rear lane access)

Available both side as existing

Yes

• Front yard to have at least 1 tree with mature height of 10m min & spreading canopy

2x 9m high Manchurian Pear proposed

Yes



ITEM 2 (Continued)

Controls Proposed Compliance • Back yard to have at least 1

tree with mature ht of 15m min & spreading canopy, located within deep soil area

Existing tree retained + 2x10m high Blueberry Ash proposed

Yes

• Locate & design to increase privacy with neighbours

Screen planting proposed Yes

• Hedge planting on boundary to consist of mature plants reaching no more than 2.7m

Screen planting 5m high proposed

Yes

• Provide ground level landscaping for each dwelling

Ground level landscaping provided

Yes

• OSD generally not to be located in front setback unless under driveway.

Under driveway Yes

Landscaping for lots with Urban Bushland or Overland Flow constraints

Not applicable NA

2.13 Dwelling Amenity Daylight and Sunlight Access • Living areas to face north

where orientation makes this possible

1 dwelling faces north, while 2nd faces east to northeast

Yes

• Increase side setback for side living areas (prefer 4m) where side boundary faces north

Side faces northwest and main living area also faces northeast

NA

• Subject Dwelling: o north facing windows to

receive at min 3hrs sunlight to portion of surface between 9am and 3pm on June 21

The northwest facing windows receive 3hrs sunlight to a portion of their surface. The northeast windows receive more than 3hrs.

Yes

o private open space to receive at min 2hrs sunlight between 9am and 3pm on June 21.

Will receive more than 2hrs sunlight

Yes

• Neighbouring properties are to receive:

o 2 hours sunlight to at least 50% of adjoining principal ground level open space between 9am and 3pm on June 21

The adjoining open space receives more than 2hrs sunlight to over 50% of its area.

Yes

o At least 3 hours sunlight to a portion of the surface of north facing adjoining living area windows between 9am and 3pm on June 21.

The northwest facing windows receive 3hrs sunlight to a portion of their surface. The northeast windows receive more than 3hrs.

Yes



ITEM 2 (Continued)

Controls Proposed Compliance Visual Privacy • Orientate windows of main

internal living spaces generally to the front and rear of allotment

• NW lounge room window faces adjoining dwelling (no close views as adjoining drive runs alongside fence).

• SE Lounge room window faces adjoining dwelling (no close views as adjoining dwelling is set well off boundary

Yes

Yes

• Orient terraces, balconies etc to front or rear so not to overlook neighbouring dwellings/private open space

Ground Floor balconies have privacy screens towards side, while first floor balconies are off bedrooms

Yes

• Windows of living, dining, family etc placed so there are no close or direct views to adjoining dwelling or private open space

All at ground level where fence restricts direct views

Yes

• Side windows offset from adjoining windows.

Ground floor living areas screened by fence, first floor bedroom windows generally face front or rear

Yes

• Splayed walls with windows not located above ground level where windows overlook

No splayed walls NA

Acoustic Privacy • Air conditioners, mechanical

equipment, pump may require sound proof enclosure

No aircon shown NA

• Double glazed windows & acoustic seal on front door preferred for dwellings facing arterial road

Not on arterial road NA

• Design to reduce noise transmission between dwellings, e.g. areas of like use to adjoin

Dwellings are mirror image Yes

View Sharing • Site buildings to provide for

view sharing No significant views NA

Cross Ventilation • Layout to optimise access to

prevailing breezes & to provide for cross ventilation

Achieved by design of both dwellings

Yes



ITEM 2 (Continued)

Controls Proposed Compliance 2.14 External Building Elements

Roof • Relate to built form by: o articulating Articulated Yes o ensuring design consistent

with dwelling Generally OK but light well level out of character

No

o min 450mm eave overhang for pitched roof

450mm eaves overhang provided

Yes

o use compatible form, colour, material to adjoining

Rendered & painted face brick, metal roof

Yes

• Main roof not to be trafficable terrace

No trafficable terrace on main roof

Yes

• Attic to be within roof space No attic NA • Skylights to be minimised and

placed symmetrically No skylights proposed but large lightwell

Yes

• Front roof plane is not to have both dormer windows & skylights, prefer dormer

None proposed

NA

• Balconies & terraces set into roof not permitted.

None proposed

NA

• Scale of roof to be proportional to walls below

Scale of roof acceptable Yes

Attic Dormer Windows None proposed NA 2.15 Fencing Front/return: Hedge proposed on front,

existing to be retained on side NA

Side/rear fencing: Existing to be retained NA Part 7.2- Waste Minimisation & Management

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

The applicant has submitted a Waste Management Plan in accordance with Part 7.2 of DCP 2006.

Yes

Part 8.2 - Stormwater Management

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

See Development Engineer comments

Yes



ITEM 2 (Continued) Part 9.2- Access for People with Disabilities

Controls Proposed Compliance Accessible path required from the street to the front door, where the level of land permits.

Accessible path provided to front door from street, with 1 small step up into dwelling

Yes

Non- compliances There are a number of non-compliances, apart from those dealt with under issues raised by objections, to be considered: Hard Paving & Parking. The DCP requires a maximum of 1 space per dwelling while 2 spaces (garage and open parking space) are proposed. The paved open space also causes non-compliance with the 40% max hard paving requirements of the DCP. The removal of the hard paved open parking spaces reduces the hardpaving to 31% thus enabling compliance. Condition 31 requires the open space to be deleted and the area included in the “soft” landscaping for the site. Roof Over Driveway. The DCP provides that a driveway cannot be roofed while the proposal is for the first floor balcony to extend 2.4m over part of the driveway. The balcony is curved so the full 2.4m does not cover the width of the driveway. The building complies with the setback requirements; the balcony is off a first floor bedroom and breaks up the front façade. The non-compliance is considered minor and should be allowed to remain. Height The proposed duplex, while technically complying with the height (in storeys) requirements, marginally exceeds the 9.5m overall height requirement. This is due to the fact that a “lightwell” is situated in the central part of the structure that appears as a transverse roof element, does not have a ceiling and as such is not regarded as a storey. Its only practical function is to provide light to the “retreat” area at the top of the stairs and to the stairs. This could just as easily be achieved by flush mounted skylights in the roof. This would eliminate this level, provide the appearance of a 2 storey building and meet the 9.5m height requirements. The removal of the “lightwells” will reduce the ridge by about 1.5m which will assist in minimising impact on views and will make the dwelling comply with the 9.5m height requirement. Condition 29 has been included in the recommendation.



ITEM 2 (Continued) Section 94 Contributions Plan 2007 The contributions that are payable with respect to the proposed duplex are as follows:

Contribution Plan Contribution for Duplex

Credit for Detached dwelling

Total contribution

Payable Community and Cultural Facilities

5874.40 3703.42 2170.98

Open Space and Recreation Facilities

14461.52 9117.05 5344.47

Civic and Urban Improvements

4918.66 3100.79 1817.87

Roads and Traffic Management Facilities

670.94 422.88 248.06

Cycleways

419.08 264.20 154.88

Stormwater Management Facilities

1332.08 839.47 492.61

Plan administration

113.00 71.24 41.76

TOTAL

27789.68 17519.05 10270.63

Condition 17 requiring the payment of a Section 94 contribution for the amount of $10270.63 has been included in the recommendation of this report. 9. Likely impacts of the Development (a) Built Environment The street has a considerable number of older residences and is likely to undergo change. This is evidenced by some of the more recent construction in the street. The building complies with major controls of the DCP and the built form is of the same bulk and size as would occur if a dwelling house was constructed. This is because for the most part duplexes and dwelling houses share common controls. The built form is considered acceptable subject to the changes referred to in the conditions. (b) Natural Environment The proposed development will have no significant impacts on the natural environment. There are no significant trees on the site with only a multi stemmed “tree” on the eastern front boundary to be removed as it is located near the entrance to the dwelling.



ITEM 2 (Continued) The plant is not significant, does not contribute to the streetscape and while it is classified as a tree it is not subject to the TPO. The landscaping plan proposes species that are more suitable. 10. Suitability of the site for the development The site is not classified as a heritage item or subject to any natural constraints such as flooding or subsidence. In this regard, the proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environments. 11. The Public Interest

There were no submissions received from any Public Authority. The proposal is not considered to adversely impact upon the interest of the public. 12. Management Plan Linkages Relationship to Key Outcome Areas

People This project meets the following key outcomes for People (set out on page 46 of the Management Plan 2008-2011):

P1 A vibrant city that is economically strong and engages its community through

cultural and social activities. P2 A city that plans for people by involving them in decision making to improve their

quality of life. P3 A harmonious community through a culturally enriched and respectful society. Application notified and submissions considered in assessment of the proposal.

Assets This project meets the following key outcomes for Assets (set out on page 56 of the Management Plan 2008-2011):

This matter has no direct relationship to this key outcome area.

Environment This project meets the following key outcomes for Environment (set out on page 67 of the Management Plan 2008-2011):

E1 Clean air through better integrated transport systems. E2 Clean water through control of pollution entering our waterways and through

protection of these waterways. Proposal considered in light of applicable planning controls. Condition imposed to control impacts.



ITEM 2 (Continued)

Governance This project meets the following key outcomes for Governance (set out on page 75 of the Management Plan 2008-2011):

G1 Improved awareness and understanding of Council’s decisions by the

community. G2 Members of the community are engaged in democratic decision making. G3 Review of best practice approaches on Governance to enhance the delivery of

services to the community. G4 A safe working environment with skilled and motivated staff who are committed

to the organisation’s vision and values. G5 Compliance with all legislative requirements and statutory obligations. G6 An efficient and effective regulatory environment. Application notified to seek community comments. Application processed and assessed in accordance with relevant legislation controls. Conditions imposed to minimise impacts. 13. Consultation – Internal and External Internal Referrals: Development Engineer: Memo 8 September 2008:The applicant proposes to construct a two storey duplex and has designed the drainage system such that portions of the new roof area drain via gutters and downpipes to above ground rainwater tanks each of 3000 litre storage capacities located on the western and eastern side of the building with the overflow draining into two separate onsite stormwater detention tanks which are located beneath the new driveways and discharge out to the kerb and gutter on Fisher Avenue. Several surface pits have been designed to collect surface runoff from impervious and pervious areas including upstream overland flow. The OSD tank sections have been checked and comply with the minimum design requirements set out in Council’s Stormwater Management Manual. This has been generally shown on the Drainage Plans drawing no. 0708-90 prepared by ACE Civil & Hydraulic Engineers. BASIX requires that for each part of the dwelling a minimum roof area of 90m2 is to drain into a 3000 litre rainwater tank which has been designed and shown on the drainage plans submitted by the applicant. The existing vehicle crossing is to be removed and two (2) new vehicular crossings are proposed to cater for the two separate single garages. The crossing widths have been checked and comply with Council’s driveway code. The proposed garage door openings and internal dimensions have also been checked and comply with the minimum requirements of AS2890.1:2004. The driveway levels shown indicate very flat grades which are also considered satisfactory. A footpath exists along the property frontage and there is no requirement for a new footpath.



ITEM 2 (Continued) From an engineering perspective, there are no objections to the approval of this application. The following conditions attached should be placed on any development consent issued. The conditions have been included in the recommendation under their appropriate headings. External Referrals None were necessary 14. Critical Dates There are no critical dates or deadlines to be met 15. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 16. Other Options Consideration of other options was not necessary. 17. Conclusion: The application is for a duplex that complies with the substantive controls. Conditions 29 (reduce height by deleting the lightwell level), 30 (privacy screens on first floor rear balconies) and 31 (deletion of hard paving) address concerns by objectors and enable compliance with the height, privacy and hard paving provisions of the DCP. Any non-compliances are either minor or subject to conditions. None of the issues raised as a result of public notification warrant refusal. The proposal has been assessed in terms of the provisions of DCP 2006 and based on a merit assessment of these provisions, the application is considered acceptable for approval subject to conditions. RECOMMENDATION: (a) That Local Development Application No.162/2008 to demolish the existing

dwelling and to construct dual occupancy at 18 Fisher Avenue, Ryde, being lot 267 in DP 12999, be approved subject to the following conditions;

GENERAL 1. Development is to be carried out in accordance with the Plans No. 3334-A-01 to

3334-A-04 Issue 3 received 13 January 2009 and support information submitted to Council.



ITEM 2 (Continued) 2. All building works are required to be carried out in accordance with the provisions of

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

a) All building work (other than work relating to the temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made)

b) This clause does not apply to the extent to which an exemption is in

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

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

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

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

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

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

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

5. The applicant may apply to the Council or an accredited certifier for the issuing of

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

Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

6. The development is to be carried out in compliance with BASIX certificate no.

1786645 dated 23 January 2008 or such later certificate having regard to condition 7.

7. Any architectural and/or fixture changes to the development required by condition

29* may require the submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act.



ITEM 2 (Continued) 8. Residential Building Work

a) Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development to which the work relates:

i) in the case of work to be done under the Act: has been informed in

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

ii) in the case of work to be done by any other person: has been informed

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

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

9. Protection of Public Places

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

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

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

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



ITEM 2 (Continued)

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

11. Australia Post

Approval for the site and size of proposed household mailboxes must be obtained from Australia Post.

12. Waste Management Plan - Should you wish to vary the information provided in

the Waste Management Plan you submitted to Council with your Development Application involving demolition and construction works, you are required to give written advice to Council of any changes.

Council’s DCP 2006, Part 7.2 – Waste Minimisation and Management, sets out your obligations for waste management.

General Engineering Conditions 13. Design and Construction Standards. All engineering plans and work shall be

carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

14. Service Alterations. All mains, services, poles, etc., which require alteration shall

be altered at the applicant’s expense. 15. Restoration. Public areas must be maintained in a safe condition at all times.

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

16. Road Opening Permit. The applicant shall apply for a road-opening permit where

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



ITEM 2 (Continued) PRIOR TO CONSTRUCTION CERTIFICATE 17. A contribution for the services in Column A and for the amount in Column B shall be

made to Council prior to the issue of the Construction Certificate. A B Community & Cultural Facilities $2,170.98 Open Space & Recreation Facilities $5,344.47 Civic & Urban Improvements $1,817.87 Roads & Traffic Management Facilities $248.06 Cycleways $154.88 Stormwater Management Facilities $492.61 Plan Administration $ 41.76

The total contribution is $10,270.63

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Development Contributions Plan 2007 adopted by City of Ryde on 11/12/2007.

The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.

18. A security deposit (category: dwelling houses with no delivery of bricks or concrete

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

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

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

20. Documentary evidence of payment of the Long Service Levy under Section 34 of

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

21. The applicant is to apply to Council, pay the required fee, and have issued street

alignment levels by Council prior to the issue of the Construction Certificate. 22. Documentary evidence of compliance with Conditions 17-21 & 46 to the satisfaction

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



ITEM 2 (Continued)

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

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

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

25. A clothesline is to be provided to the rear yard or sheltered well ventilated space for

each dwelling. 26. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the website www.sydneywater.com.au, see Your Business then see Building, Developing and Plumbing then Quick Check or telephone 13 20 92.

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

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

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

28. City of Ryde will not issue a Construction Certificate without evidence of Home

Owners Warranty / Owner Builder’s Permit being submitted to Council. 29. The height of the building is to be reduced by deleting the lightwell level. The ridge

height shall be the same as the ridge shown on the roof over the central part of the building on the front elevation and shall not exceed RL 88.5. Any skylights shall be positioned so to minimise their view from the street. Details of compliance are to be provided in the plans for the Construction Certificate.

30. Privacy screens shall be erected on the top of the first floor balustrade as shown in

red on the approved plans. All privacy screens including those on the first floor, shall consist of tight woven lattice. Details are to be submitted with the Construction Certificate.



ITEM 2 (Continued) 31. The open parking space adjacent to the entrance to each dwelling shall be deleted

and the area shown as soft landscaping. Details to be shown on the Construction Certificate plans.

32. Any proposed fencing is to be in accordance with Council's Fencing Development

Control Plan and details of compliance are to be provided in the plans for the Construction Certificate.

33. Fire and Smoke Alarms are to be provided in accordance with Part 3.7.2 of the

Building Code. Location details are to be submitted and approved by Council or an accredited certifier prior to the release of the Construction Certificate.

34. The Construction Certificate plans and specifications are to detail all of the

'CC plan' commitments of the BASIX Certificate.

Engineering Conditions to be complied with Prior To Construction Certificate

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

36. Driveway Grades. The maximum grade of all internal driveways and vehicular ramps shall be 1 in 4 and in accordance with the relevant section of AS 2890.1. The maximum change of grade permitted is 1 in 8 (12.5%) for summit grade changes and 1 in 6.7 (15%) for sag grade changes. Any transition grades shall have a minimum length of 2.0m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent.

37. Drainage Plans. The plans and supporting calculations of the proposed drainage system, including the on-site detention system and details addressing any overland flow from upslope properties are to be submitted with the Construction Certificate application. Any drainage pit within a road reserve, a Council easement, or that may be placed under Councils’ control in the future, shall be constructed of caste in-situ concrete. Details shall be submitted with the Construction Certificate application.



ITEM 2 (Continued)

38. On-Site Stormwater Detention. Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with the City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval and direct this to the on-site detention system. Runoff which enters the site from upstream properties should not be redirected in a manner which adversely affects adjoining properties. The on-site detention system shall be designed to ensure peak flow rates at any point within the downstream drainage system do not increase as a result of the development during storms from the 5 year to the 100 year average recurrence interval of all durations. Outflow from the basin shall be piped to a point of discharge in accordance with the City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. The gutters, pipes and downpipes shall be designed for the 1 in 100 year, 5 minute storm events. The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council.

39. On site stormwater detention Tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 metres in depth must be fitted with step irons.

40. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan

(ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction" prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary. The following details are to be included in drawings accompanying the Erosion

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

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



ITEM 2 (Continued)

j) Means of diversion of uncontaminated upper catchments around disturbed areas

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

PRIOR TO COMMENCEMENT 41. In issuing this approval, Council has relied on the information provided by you about

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

42. ‘Dial 1100 Before You Dig’

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au. If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgement of an application for a Construction Certificate if this is the case.

43. Refuelling and/or maintenance of machinery and equipment are not permitted on

the road verge (nature strip). 44. Unless otherwise approved, original soil levels must be maintained at all times on

the road verge (nature strip). 45. Signage is to be provided on the site as follows:

(i) During the demolition process notices lettered in accordance with AS1319 displaying the words “DANGER - DEMOLITION IN PROGRESS” or a similar message shall be fixed to the security fencing at appropriate places to warn the public.

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

46. A security deposit (Category: demolition) is to be paid to Council (Public Works and

Services Group) prior to the commencement of any demolition works. Please refer to Council's Management Plan for the applicable fee amount.



ITEM 2 (Continued)

Engineering Conditions to be complied with Prior to Commencement of Construction 47. Sediment and Erosion Control. The applicant shall install appropriate sediment

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

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

49. Vehicle Footpath Crossings. Concrete footpath crossings shall be constructed at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and construction shall conform to the requirements of Council. Crossings are to be constructed in plain reinforced concrete and finished levels shall conform with property alignment levels issued by Council’s Public Works Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossings will not be permitted.

DURING DEMOLITION 50. In relation to demolition, all work is to be carried out in accordance with the

requirements of AS 2601-2001 (The Demolition of Structures). 51. Security fencing shall be provided around the perimeter of the

building/demolition site and precautionary measures taken to prevent unauthorized entries of the site at all times during demolition and construction.

52. Signage is to be provided on the site as follows:

a) During the demolition process notices lettered in accordance with AS1319 displaying the words “DANGER - DEMOLITION IN PROGRESS” or a similar message shall be fixed to the security fencing at appropriate places to warn the public.

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

53. All demolition and associated work is to be restricted to between the hours of

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



ITEM 2 (Continued) 54. Adequate precautions must be taken to control the emission of dust from the

site during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.

55. All work involving asbestos products and materials, including asbestos-cement

sheeting (i.e. fibro) must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales.

56. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must

be disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

57. Adequate arrangements must be made for the storage and disposal of

demolition and building waste generated on the premises. In this regard the demolishers and builders are encouraged to maximize the re-use and recycling of materials (e.g. Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separating these materials from other wastes.

DURING CONSTRUCTION 58. The occasions on which building work must be inspected are:

a) at the commencement of the building work b) after excavation for, and prior to the placement of, any footings c) prior to pouring any in-situ reinforced concrete building element d) prior to covering of the framework for any floor, wall, roof or other building

element e) prior to covering waterproofing in any wet areas f) prior to covering any stormwater drainage connections g) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

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

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



ITEM 2 (Continued)

59. In addition to the abovestated inspections, Council or an accredited certifier is required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities:

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

signage and site toilets 60. Council recommends that a Registered Surveyors check survey certificate be

submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages:

a) Prior to construction of the first completed floor/floor slab showing the area

of the land, proposed building and the boundary setbacks. b) Prior to construction of the first completed floor/floor slab showing the area

of the land, proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels.

c) Prior to construction of each floor level showing the area of the land, proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels.

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

61. Proposed dwelling shall achieve a minimum 3.5 Star NatHERS energy rating of

internal thermal comfort.

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

63. Only unpolluted water is to be discharged to Council’s stormwater drainage system. 64. The L10 noise level measured for a period of not less than 15 minutes while

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

65. No spoil, stockpiles, building or demolition material is to be placed on any public

road, footpath, park or Council owned land. 66. All demolition and all construction and associated work is to be restricted to

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



ITEM 2 (Continued) 67. All excavated material must be removed from the site. No fill is to be placed above

the natural ground level. 68. Site toilets shall be provided in accordance with the WorkCover Code of Practice

entitled “Amenities for Construction Work”. 69. At all times work is being undertaken within a public road adequate precautions

shall be taken to warn, instruct and guide road users safely around the work site. Traffic control devices shall satisfy the minimum standards outlined in AS1742.3-1996 “Traffic Control Devices for Work on Roads”.

70. Glass doors and fixed panels so located in relation to other parts of the building as

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

71. Panels and doors in paths of travel shall be provided with a midrail, motifs or

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

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

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

72. A first flush device shall be fitted to the system to divert the first 5mm of runoff from

the area draining away from the rainwater storage tank (e.g. 0.5 litre per square metre).

73. Adequate provisions shall be made to prevent mosquitoes breeding in the reservoir.

This should include suitable screening to prevent eggs being laid within the rainwater tank.

74. All rainwater tanks and tank stand installations shall be structurally sound and

comply with the manufacturer’s and/or designer’s instructions. 75. Rainwater tanks must be a commercially manufactured tank designed for the

use of water supply.



ITEM 2 (Continued) 76. Overflow from the rainwater tank shall be piped directly to an approved stormwater

system. 77. The external finishes of rainwater tanks shall be painted or coloured to be

compatible with the surrounding environment. Alternatively, the water tank may be screened behind a permanent physical barrier that serves that purpose.

78. Taps associated with the rainwater tank shall be clearly marked indicating the

source of the water and that it is not to be used for Drinking Water. 79. The doors to the sanitary compartments must be open outwards, slide or be readily

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

80. Treads, risers and balustrades to comply with the Building Code of Australia Part

3.9.1 and Part 3.9.2. Balustrade is to be a minimum 1.0 metres high and any openings are not to exceed 125mm.

81. All timber framing is to comply with Part 3.4.3 – Timber Framing of the Building

Code of Australia, 1996. 82. All steel framing is to comply with Part 3.4.2 – Steel Framing of the Building Code of

Australia, 1996. 83. Perimeter of slabs to be provided with a drop-edge beam so as to provide face

brickwork from the natural ground level. 84. Continuous balustrades shall be provided along the side/s of any stairway or ramp,

any corridor, hallway, balcony, access bridge or the like, any path of access to a building if:

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

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

Balustrades shall prevent as far as practicable:

a) children climbing over or through it; b) persons accidentally falling from the floor; and c) objects which might strike a person at a lower level falling from the floor

surface

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



ITEM 2 (Continued) 85. Lighting if installed is to be arranged in such a manner as not to interfere with the

comfort and enjoyment of the neighbourhood. PRIOR TO OCCUPATION CERTIFICATE 86. An Occupation Certificate must be obtained from the Principal Certifying Authority

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

87. Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is

to ensure that the BASIX commitments have been implemented in accordance with the approved BASIX Certificate. NOTE: Certificates from suitably qualified persons are to be submitted to the Principal Certifying Authority (if Council is the PCA) verifying that all BASIX commitments listed have been fulfilled in accordance with the BASIX Certificate.

88. A certificate from a suitably qualified person is to be submitted to the Principal

Certifying Authority (and Council, if Council is not the PCA) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1.


Certifying Authority (and Council, if Council is not the PCA) that the method of waterproofing wet areas has been provided in accordance with Part 3.8.1 of the Building Code of Australia and the requirements of the Australian Standard 3740 prior to wall tiling.


Certifying Authority (and Council, if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code.

Engineering Conditions to be complied with Prior to Occupation Certificate

91. Disused Gutter Crossing. All disused gutter and footpath crossings shall be removed and the kerb and footpath reinstated to the satisfaction of Council.

92. Compliance Certificates – Engineering. Compliance Certificates must be obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA: • Confirming that all vehicular footway and gutter (layback) crossings are

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



ITEM 2 (Continued)

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

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

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

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

93. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered

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

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

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

96. On-site Stormwater Detention Certification. The submission of certification by a suitably qualified Civil Engineer for the on-site stormwater detention system, attesting the storage volume, discharge rate and satisfactory operation of the system prior to the release of the Occupation Certificate.



ITEM 2 (Continued) 97. Drainage Construction. The stormwater drainage on the site is to be constructed

in accordance with the approved construction certificate version of the Stormwater Drainage Plans drawing no. 0708-90 Sheets 1, 2, 3,4,5,6 & 7 of 7 prepared by ACE Civil & Hydraulic Engineers dated 4/2/2008 and as amended in red by Council’s Development Engineers.

POST OCCUPATION CERTIFICATE 98. Within 2 days of issuing a final Occupation Certificate, the Principal Certifying

Authority (PCA) is required to generate a BASIX Completion Receipt in accordance with the provisions of the EP & A Regulation 2000. The PCA is to refer to the BASIX Completion Receipt tool at www.basix.nsw.gov.au/administration/login.jsp in order to generate the BASIX Completion Receipt and a printed copy of the receipt is to be placed on the PCA file.

(b) That the persons who made submissions be advised of Council's decision. Report prepared by: Don J Smith Consultant Town Planner Report approved by: Liz Coad Manager Assessment Environment & Planning



Indicates submissions received

Site



ITEM 2 (Continued)



3 95 WATERVIEW STREET, PUTNEY. LOT: 413 DP: 15093. - Application for Section 96 Modification to modify the approved 2 storey dwelling by addition of a store room, amend front driveway/pathway, privacy screen, internal layout, changes kitchen windows, amend fence details, revised landscaping and change wordings to engineering conditions. LDA 700.2/2004

INSPECTION 4.40PM INTERVIEW 5.10PM

Report prepared by: Senior Town Planner Report approved by: Manager Assessment Report dated: 5 February 2009 File No. LDA04/700

The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary

Applicant: Tarek Gergis. Owner: Tarek Gergis & Amal Gadalla Date lodged: 9 October 2008

This report considers a proposal to modify the consent for the construction of a 2 storey dwelling with garage below and fencing. The most significant of these changes involves the provision of a “store room” in the area behind the garage. The amount of floor space is 27m2, which is additional/unauthorised floorspace compared to what was approved in the original DA plans. Other, more minor, modifications sought as part of the current application include the following:

• Amend front driveway layout and provide steps to pedestrian pathway; • privacy screen along the northern and southern side of rear first floor veranda; • internal layout changes; • revised rear landscaping; • modification to kitchen window along northern elevation; • revised light well and basement wall and delete window; • changes to proposed fencing along the northern boundary; • relocation of the rainwater tank to behind the store room, • modify the wording of two of the engineering conditions (relating to certification

of engineering works), to enable the required certification to be submitted prior to an interim occupation certificate – instead of prior to the occupation certificate as presently required

The consent for the dwelling was issued by Council on 1 February 2005 and the building is near completion, with the exception of the privacy screen. On 7 May 2008 Council received a complaint regarding the construction/height of the boundary fence and subsequently a Section 96 Modification was submitted for the changes listed above.



ITEM 3 (Continued) The Section 96 application for modification was notified to adjoining owners in accordance with Council’s Notification DCP, and no submissions were received. The major issue of concern in this application is the non-compliance with the floor space ratio contained in the Ryde Planning Scheme, as a result of the additional 27m2 store room floor space. The resulting FSR of the dwelling equates to 0.57:1, which substantially exceeds the maximum 0.5:1 prescribed in the RPSO. The proposal as originally approved by Council had a FSR of 0.52:1 which was supported by Council on the basis of it being a more minor non-compliance. The substantial nature of the FSR variation (as a result of the unauthorised basement store room) cannot be supported by Council officers. If such a proposal was presented to Council as an entirely new DA, Council officers would not be able to support such a significant variation to the FSR requirement. The current application is recommended for approval – subject to a requirement that the area of the basement store room be permanently blocked off at its entrance. This would block off access to the relocated rainwater tank. Accordingly, this relocation is also not supported. The rainwater tank is required to be located where originally approved by Council in approved LDA 700/2004, being adjacent to the northern elevation of the dwelling. The other modifications proposed in this application are relatively minor and are recommended for approval. Reason for Referral to Development Committee: Nature of proposal and non-compliance with Council’s planning controls. Public Submissions: No submissions received. 2. Site (Refer to attached map.)

Address :95 Waterview Street, Putney Site Area :606.2m2

Frontage 13.715metres Depth 44.195metres

Topography and Vegetation :The land has a fall towards the street of approximately 3 metres. No original vegetation is on the site with landscaping to be provided. Existing Buildings :Approved dwelling and swimming pool (approved under

Complying Development Certificate No 58/2006). Planning Controls Zoning :Residential 'A' Other

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Development Control Plan 2006



ITEM 3 (Continued) 3. Councillor Representations: Nil. 4. Political Donations or Gifts Any political donations or gifts disclosed? No 5. Proposal The proposal involves a modification to the consent for a 2 storey dwelling house under Section 96 of the Environmental Planning and Assessment Act, 1979. The proposed modifications involve:

• Amend front driveway layout and provide steps to pedestrian pathway; • privacy screen along the northern and southern side of rear first floor veranda; • internal layout changes; • provision of a basement storeroom and location of rain water tank; • revised rear landscaping; • modification to kitchen window along northern elevation; • revised light well and basement wall and delete window; • changes to proposed fencing along the northern boundary; • modify conditions 46 and 56 to change the wordings to “Interim Occupation

Certificate”. It should be noted that most of the proposed modifications have already been carried out and completed. 6. Background

• Consent for demolition, construction of 2 storey dwelling with garage below and fencing was approved at Council meeting on 1 February 2005. A copy of the previous report is CIRCULATED UNDER SEPARATE COVER.

• Construction Certificate approved 27 March 2005 with Yellamo Building

Certifiers P/L as the Principal Certifying Authority.

• On 7 May 2008 Council received a complaint from an adjoining property owner regarding the construction/height of the new northern boundary fence. Several meetings were held with the owner and Council's Building Officer concerning the non-compliance with the fence. A letter was sent to the owner on 12 May 2008 regarding the non-compliance.

• A site inspection by Council’s Officers on 24 June and 23 July 2008 revealed

that the fence issue was still not resolved.



ITEM 3 (Continued)

• A Notice of Intention to give an Order to demolish the fence was issued by PCA dated 24 September 2008. Notice requested compliance with conditions no. 1, 3 & 10.

Condition 1 specifies development to be carried out in accordance with the approved plans. Condition 3 specifies the mandatory inspections required for the each stages of construction and documentary evidence to be maintained by the PCA. Condition 10 required: “The 150mm wide angled louvre privacy screens to either side elevation of the rear first floor balcony shall be fixed and spaced at 100mm centres (max). The planter boxes shall be provided with suitable plant species that prevent overlooking towards adjoining properties. The privacy screen shall reach a height of 1.7 metres above the balcony floor level. Details are to be submitted with the Construction Certificate application.” The modification to provide privacy screens along the northern and southern side of the rear 1st floor veranda relates to condition 10.

• Section 96 application submitted on 9 October 2008. The modifications

proposed in this application are as described in Section 3 above.

• On 23 October 2008 a letter was sent requesting additional information and amended BASIX Certificate. Correct details and amended plans and BASIX certificate received 6 November 2008.

7. Submissions

• The proposal was notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. Notification of the proposal was from 30 October 2008 to 14 November 2008. No submissions were received.

8. Consultation – Internal and External Internal Referrals Development Engineer: 19/11/08:

I have reviewed the proposed Section 96 application which basically seeks approval to alter the requirement for compliance from prior to issue of Occupation Certificate to prior to issue of the final Occupation Certificate. Perusal of approved plans appeared to indicate there are no Council’s infrastructures affected by this application. Accordingly, it is considered satisfactory to have condition 46 altered to prior to issue of final occupation Certificate.



ITEM 3 (Continued)

In relation to condition 56, I have no general objections to the applicant's request to delay submission of compliance certificate to a latter stage, however to ensure with certainty the delay will not be indefinite and that the PCA will carry out follow up audit to ensure there requirements are met, it is suggested that the wordings be altered to include a statement requiring full compliance within 3 months of issuing the Interim Occupation Certificate and that the PCA conduct follow up audit to ensure full compliance within this time frame.

External Referrals Nil. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: Section 96 – Modification of Consents In accordance with Section 96(2), Council may consider a modification of development consent provided: • The proposed development is substantially the same as the approved. • The application for modification has been notified in accordance with the

regulations; and • Council has considered any submissions regarding the proposed modification In this regard, it is considered that the Section 96 Modification for the abovementioned changes would not alter the bulk, height, overall appearance, design of the dwelling when viewed externally and therefore, is considered to be substantially the same development as that approved by Council. It is open for Council to approve the application if Council is mindful to do so. However, although the proposal could be considered under Section 96 of the Environmental Planning and Assessment Act, 1979, approval should only be granted if the proposal is acceptable in terms of Council’s planning controls, as well as built form. A more detailed assessment of the proposal appears later in this report. In accordance with Council’s Notification Plan, adjoining owners, including property owners who submitted objections to the original proposal, were notified of the proposal. No submissions were received. The proposal satisfies the requirements of Section 96(2) of the Environmental Planning and Assessment Act 1979. Section 96(3) requires Council to consider relevant matters referred to in Section 79C(1) in assessing and application for modification of development consent.



ITEM 3 (Continued) 10. Other matters for consideration pursuant to Section 79C EPAA 1997: a) Environmental Planning Instruments

Ryde Planning Scheme Ordinance (RPSO) Zoning Residential 'A' Mandatory Requirements There are no changes to the mandatory requirements which are affected by this application.

b) Relevant Development Control Plan/Council Code against which development has been assessed

A Compliance table for the S96 modifications and compliance table from the original assessment of the dwelling are provided below for comparison: Compliance Table – S96 Modification

DCP 2006

Proposed

Compliance Part 3.3 - Dwelling Houses and Duplex Buildings Dwelling Houses - To have a landscaped

setting which includes significant deep soil areas at front and rear.

- Maximum 2 storeys. - Dwellings to address

street - Garage/carports not visually prominent features.

Landscaped setting includes DSA: 134.30m² / 22.2% -Max. 2 storey dwelling. -The living and dining room windows and verandah are at the front of the house and are considered to face the street. -Garage setback – not a visually prominent feature.

No1

Yes

Yes

Yes



ITEM 3 (Continued)

DCP 2006

Proposed

Compliance

Public Domain Amenity Streetscape

- Front doors and windows are to face the street. Side entries to be clearly apparent.

- Single storey entrance

porticos. - Articulated street

facades.

Front door does not face street but is clearly apparent and has a separate path leading to it. Windows of dining & living room faces the street. -Single storey entrance portico. -Consistent with new developments.

Yes

Yes

Yes

Pedestrian & Vehicle Safety - Car parking located to accommodate sightlines

to footpath & road in accordance with relevant Australian Standard.

- Fencing that blocks sight lines are to be splayed.

-Car parking located to accommodate sightlines to footpath and road. -Fencing does not block sightlines.

Yes

Yes

Site Configuration Deep Soil Areas

- 35% of site area min. - Min 8x8m deep soil

area in backyard. - Front yard to have deep

soil area (only hard paved area to be driveway, pedestrian path and garden walls).

Permeable (deep soil) area:DSA: 134.30m² / 22.2% Rear DSA dimensions: DSA: 100.80m² DSZ: 8m x 8m not satisfied. Front DSA: DSA: 33.5m²

No2

Yes

No3

Yes



ITEM 3 (Continued)

DCP 2006

Proposed

Compliance

Topography & Excavation Within building footprint: - Max cut: 1.2m - Max fill: 900mm Outside building footprint: - Max cut: 900mm - Max fill: 500mm - No fill between side of

building and boundary or close to rear boundary

- Max ht retaining wall 900mm

Within BF

Max cut: 3.2m Max fill: 1.2m

Outside BF

Max cut: 2.1m Max fill: 0mm -No fill between side of bdg and bdy or close to rear bdy.

>900mm retaining walls along boundary (supporting 1.8m colourbond fencing).

N/A N/A

N/A N/A No4

No5

Floor Space Ratio Lower Ground Floor 51.86m² LGF- Store Room Addition

+27.05m²

Ground Floor 165.03m² First Floor 138.7m² Total (Gross Floor Area)

382.64m²

Less 36m2 (double) or 18m2 (single) allowance for parking

346.64m²

FSR (max 0.5:1) 0.57:1 No6

Height Wall plate (Ceiling Height)

- 7.5m max above FGL or

- 8m max to top of parapet

NB: TOW = Top of Wall EGL = Existing Ground Level FGL = Finished Ground

Level

TOW RL:17.159 FGL below (lowest point): RL:10.209 TOW Height (max)= 6.950m

Yes



ITEM 3 (Continued)

DCP 2006

Proposed

Compliance

9.5m Overall Height NB: EGL = Existing Ground Level

Max point of dwelling RL: 18.209 EGL below ridge (lowest point): RL:9.960 EGL below ridge (highest point): RL:11.560 Overall Height (min)= 6.649m Overall Height (max)= 8.249m

Yes

Setbacks Setback 1 To wall min – 1050mm To wall max – 1950mm

Yes Yes

SIDE Two storey dwelling

- 900mm to wall - Includes balconies etc

Setback 2 To wall min – 1100mm To wall max – 1250mm

Yes Yes

Front - 6m to façade

(generally)

-6.7m (min) to façade.

Yes

Rear - 8m to rear of dwelling

OR 25% of the length of the site, whichever is greater.

-11.021m to rear of dwelling. -25% of total site length.

Yes Yes

Car Parking & Access General

- Dwelling: 2 spaces max, 1 space min.

- Where possible access off secondary street frontages or laneways is preferable.

- Max 6m wide or 50% of

frontage, whichever is less.

- Behind building façade.

Number/location of car spaces: 2 / attached double garage. Access from: Waterview Street. External width: 6.6m 61% total dwelling frontage. Garage setback from building façade: 2.745m

Yes

Yes

No7

Yes



ITEM 3 (Continued)

DCP 2006

Proposed

Compliance

Garages - Garages set back 1m

from façade. - Total width of garage

doors visible from public space must not exceed 5.7m and be setback not more than 300mm behind face of garage wall above.

- Garage windows are to be at least 900mm away from boundary.

- Free standing garages are to have a max GFA of 36m2

- Materials in keeping or complimentary to dwelling.

Setback from façade: 2.745m Width of opening: 4.956m Door setback: 300mm Windows: 0 Floor Area: 35.17m² Materials: consistent with new dwelling with automatic panel lift door.

Yes

Yes

Yes

Yes

Yes

Yes

Parking Space Sizes (AS)

o Double garage: 5.4m wide

(min) o Internal length: 5.4m

(min)

Internal measurements: • 6.0m W • 5.9m L

Yes Yes

Driveways Extent of driveways minimised

Driveway extent not

minimised.

No8



ITEM 3 (Continued)

DCP 2006

Proposed

Compliance

Landscaping Trees & Landscaping

- Physical connection to be provided between dwelling and outdoor spaces where the ground floor is elevated above NGL e.g. stairs, terraces.

- Landscaped front garden, with max 40% hard paving

- Obstruction-free pathway on one side of dwelling (excl cnr allotments or rear lane access)

- Front yard to have at least 1 tree with mature ht of 10m min and a spreading canopy.

- Back yard to have at least 1 tree with mature ht of 15m min and a spreading canopy.

- Hedging or screen planting on boundary mature plants reaching no more than 2.7m.

- OSD generally not to be located in front setback unless under driveway.

-Landings and steps are providing physical connection.

Hard Paving: 60%

-Obstruction free pathway provided. Front Yard: No tree >10m.

No tree heights determined.

Back Yard: No tree >15m. No tree heights

determined.

Screen Planting: No planting reaches >2.7m along boundary.

N/A

Planting schedule changed due to the inclusion of Indigenous planting to

comply with BASIX requirements.

Yes

No9

Yes

N/A

N/A

Yes

N/A

Yes



ITEM 3 (Continued)

DCP 2006

Proposed

Compliance

Dwelling Amenity Daylight and Sunlight Access - Living areas to face

north where orientation makes this possible.

- 4m side setback for side living areas where north is to the side allotment boundary.

-Main living areas face North. 4m setback for side living areas not provided. Amended plans will not affect overshadowing to adjoining dwellings/POS.

Yes

No10

N/A

Visual Privacy - Orientate windows of

living areas, balconies and outdoor living areas to the front and rear of dwelling.

- Windows of living,

dining, family etc placed so there are no close or direct views to adjoining dwelling or open space.

- Side windows offset from adjoining windows.

- Terraces, balconies etc are not to overlook neighbouring dwellings/private open space.

-Windows of living areas, balconies and outdoor living areas oriented to front and rear of dwelling. Verandas orientated to side

boundary GF /FF. -No close or direct views to adjoining dwelling or POS. -Side windows offset / setback >2.5m from adjoining windows. -Veranda overlooks to neighbouring dwellings/POS.

Yes

No11

Yes

Yes

No12



ITEM 3 (Continued)

DCP 2006

Proposed

Compliance

External Building Elements Roof

- Articulated. - 450mm eaves overhang

minimum. - Not to be trafficable Terrace. - Attic to be within roof space. - Skylights to be

minimised and placed symmetrically.

- Front roof plane is not

to have both dormer windows and skylights.

-Consistent with later developments on Waterview Street.

<450mm eave overhang.

No trafficable roof terrace proposed. No roof attic proposed. 1 x dome skylight incorporated into porch roof. Front roof plane free of both dormer windows and skylights.

Yes

No13

Yes

N/A

Yes

Yes

Fencing Front/return:

- To reflect design of dwelling.

- To reflect character & height of neighbouring fences.

- Max 900mm high for solid (picket can be 1m).

- Max 1.8m high if 50% open (any solid base max 900mm).

Front fence Description: 350 x 350mm (1.6m ht) masonry piers, 500mm ht masonry dwarf wall (doubles as retaining wall) with metal infill and balustrades.

Yes

Side/rear fencing: - 1.8m max o/a height.

Height: >1.8m (approx. 2 - 2.3m including retaining wall). Materials proposed: Colourbond. >1m retaining wall.

No14

Part 9.2- Access for People with Disabilities Accessible path required from the street to the front door, where the level of land permits.

Accessible pathway not achieved due to level of land, where steps were required.



ITEM 3 (Continued)

DCP 2006

Proposed

Compliance

Part 9.4 – Fencing Front & return fences

Front and return fences that exceed 1m in height are to be 50% open

The proposed front and return fences will not exceed 1.8m in height and are 50%

open.

Yes

Current Non Compliance: Note: At the time of the original assessment, the proposal was assessed under Dwelling Houses and Duplex Building Development Control Plan No 17A. Nos.1, 2 & 3 – Deep Soil Area Requirements: Deep soil area of less than 35% was assessed at the time of the original application and was not commented on. However, Council’s Development Engineer at the time had no objections to the proposal. The 8m x 8xm DSZ requirement in the rear yard was not required to be provided under DCP 17A.

Nos. 4 ,5 & 14 – Topography & Excavation: 900mm retaining walls along boundary (supporting 1.8m colourbond fencing). The non-compliance of the boundary fence along the northern boundary is assessed as part of this Section 96 application. See comments below under Development Control Plan 2006, Part 3.3 - Dwelling Houses and Duplex Buildings, Section 10.7 of the report. No. 6- Floor Space Ratio: Floor space is not supported, as discussed in detail below under Development Control Plan 2006, Part 3.3 - Dwelling Houses and Duplex Buildings, Section 10.4 of the report. The store room will result in additional floor space of 27.05m2 and based on the total floor space calculated in the original assessment (320.2m2), will result in the FSR of 0.57:1. Condition 1 requires the store room to be permanently blocked off. No. 7 – Garage width: DCP 2006 stipulates a maximum garage width of 6m or 50% of frontage. The approved dwelling has an external width of 6.6m, which is 61% of total dwelling frontage. This was approved as part of the original application with no objections to the variation. Nos. 8 & 9 – Driveway Extent: Driveway extent not minimised and more than 40% of hard paving. The amendment to the driveway and hard paving is discussed below under Development Control Plan 2006, Part 3.3 - Dwelling Houses and Duplex Buildings, Section 10.1 of the report. Nos. 10, 11, & 12 – Dwelling Amenity: 4m setback for side living area, verandas orientated to side boundary and overlooking to neighbouring dwellings have been dealt with in the original assessment. Condition 10 of the consent required privacy screens to be provided on either side elevation of the rear 1st floor balcony. See comments below under Development Control Plan 2006, Part 3.3 - Dwelling Houses and Duplex Buildings, Section 10.2 of the report.



ITEM 3 (Continued) No. 13 – Eaves Overhang: Although the current provisions of DCP 2006 contain a requirement for a minimum 450mm eave overhang, this was not a requirement contained in Council's previous Development Control Plan, DCP 17A, when the DA was originally approved. The proposal complies with BASIX requirements. What was approved under DCP 17A (taken from original report)

Council's Code

Proposed

Compliance

Floor Space Ratio 0.50:1 (303.1m2) 0.52:1 (320.59m2) No Setbacks Equal to either adjoining property setback when the difference between adjoining property setbacks is less than 2 metres.

Equal to setback at No. 97 Waterview Street. Both front verandahs which form a significant element of the front façade are set back 6.7m. The dwelling at No. 97 Waterview Street is setback 6.7m (min)

Yes

Side/rear: 1.5m (Two storey)

1.5 metres (min)

Yes

Eaves: 1275mm (Two storey)

No eaves

Yes

Height 7m (Upper ceiling) 9m (Ridge)

6.809 metres (max) Main ridge/parapet: 7.929 metres (max) Curved roof parapet: 8.4m approx. (max)

Yes Yes Yes

Site Coverage Two storey element is not to extend beyond the established building zone

The main walls of the first floor level of the dwelling do not extend beyond the established building zone.

Yes

Parking 2 parking spaces behind the building line

Double garage Yes

Stormwater Drainage is to be piped in accordance with DCP No.41 “Stormwater Management”.

Stormwater is to be conveyed to the street gutter via a pollution control pit.

Yes, subject to conditions.



ITEM 3 (Continued)

The modifications, subject to this application have been considered against the relevant Environmental Planning Instruments, Development Control Plans and other Council Codes, as follows:

Development Control Plan 2006, Part 3.3 - Dwelling Houses and Duplex Buildings.

1. Amend front driveway layout and provide steps to pedestrian pathway LDA 700/2004 approved a 3m wide driveway at the front boundary with 600mm wide landscaping strip on either side with the driveway curving around and widening to 5m in width at the garage opening door. An automatic metal gate and front fence were also approved as part of the application. It is proposed to amend the driveway by deleting the landscaping strip and widening the front driveway and providing a pedestrian link from the paved driveway to the side pedestrian pathway leading to the side entrance. The automatic gate and a front fence pier are to be deleted to cater for the increased width. The proposed modifications to the driveway, pathway and front fence have already been completed. The width of the driveway has increased from 3m to 5m, at the front boundary and 5m to 6.5m at the opening of the garage. Whilst the deletion of landscaping within the front setback is not ideal, there is landscaping proposed adjacent to the driveway within the front area to soften the driveway. It is noted that the increased width is against Council’s objectives to minimise hard paving within the front setback, however, in this instance, as the works has already been completed and there is landscaping within the front to soften the proposal, the work is not considered to have such an adverse impact to the streetscape as to warrant removal of the work, as such the amendments to the driveway can be supported by Council. It is recommended that a Penalty Infringement Notice be issued for the unauthorised work.

Landscaping strip removed and driveway widened. Landscaping (garden beds located in front to soften the development).



ITEM 3 (Continued)

2. Privacy screen along the northern and southern side of rear first floor veranda

Condition 10 of the consent required a 150mm wide angled louver privacy screens to either side elevation of the rear 1st floor balcony shall be fixed and spaced at 100mm centre. The planter boxes shall be provided with suitable plant species that prevent overlooking towards adjoining properties. The privacy screen shall reach a height of 1.7m above the balcony floor level. It is now proposed to change the louver screen to obscure glass, 1.8m high from floor level. The proposed changes to the material will still satisfy the objective of condition 10, which is to prevent overlooking to the adjoining properties. The proposed privacy screen is considered satisfactory and can be supported by Council. Condition 10 can be amended to “provide a 1.7m high obscure glass”

3. Internal layout changes & modify kitchen window Ground floor: revised kitchen layout, minor internal alteration to the guest ensuite and laundry area. The revised changes are all internal and will have no external impact. It is proposed to modify the kitchen window along the ground floor northern elevation from a single 2.1m x 1.1m window to 2 windows of approx. 600mm x 1.1m windows. The amendment to the window has already been completed, however the modification is not considered to have any additional overlooking impact and can be supported. 1st floor: internal layout changes to the bathroom and ensuite. The revised changes are all internal and will have no external impact. 4. Provision of a basement storeroom and location of rain water tank It is proposed to provide a store room in the basement level, behind the garage and adjacent to the stairwell leading to the upper levels. It is also proposed to provide a 3200 litre rain water tank behind the new store room. The store room has already been completed. The store room is approximately, 4.4m x 5m plus 1.5m x 1m, total area of 27m2, and is included in the definition of gross floor area. The basement storage area is located behind the approved basement garage and as the area does not extends more than 1.2 metres above the ground level is therefore not defined as a storey under the Ryde Planning Scheme Ordinance.



ITEM 3 (Continued) The DCP requires a maximum floor space ratio of 0.5:1. The original approval approved a variation to this requirement by 5.7% with a floor space ratio of 0.52:1 (320.59m2). Council supported the variation as it was considered that the visual bulk of the building is on the ground & 1st floor of the dwelling and as the basement garage equated to 51.8m2 , the excess of 17m2, located in the basement level will not add to the bulk of the building. It was also considered that the 1“dwelling maintains a comparable scale to other dwellings within the immediate locality. In particular, there is a similar dwelling at 91 Waterview Street, which has a total floor area of 345m2 and a FSR of 0.57:1 on a close to identical sized allotment. Other recent variations to FSR approved by Council have occurred in the locality in Frances Street and Chadwick Street. The floor space ratio requirement also assists in ensuring that neighbouring dwellings receive adequate solar access and view sharing is encouraged. …. The development is considered acceptable in terms of overshadowing and there will be minimal impact on views from adjoining dwellings.” The store room will increase the total floor area to 347.59m2, FSR of 0.57:1, which is a variation of 14.6%. The total variation is quite large, and whilst it can by argue that the justifications for the variation in the first instance are still applicable, however, the difference here is that the additional storage area can be used for habitable purposes.

Internal access to the ‘storage’ area Capable of being used as habitable room

The original variation was for basement garage, which was not a habitable area. The basement storage area has internal access with tiled flooring, power point, good internal lighting with a light switch and plastered walls. It is a large space capable of being used for numerous other purposes associated with residential purposes. By providing this additional ‘area’ this ‘frees up’ other areas of the house which would normally be used for the purposed of ‘storage’.

1 Extract from Assessment Report for original proposal.



ITEM 3 (Continued) This has the effect of providing the upper levels of additional living areas (habitable floor space) which would not normally be allowable on an allotment of this size according to the FSR control. If the basement storage area were included in the original calculation, the floor space of the upper levels would be required to be reduced to ensure that the bulk and scale of the development is acceptable. Whilst it may be argued that there is a similar dwelling at 91 Waterview Street, with a FSR of 0.57:1, it is considered that Council should be consistent with the FSR control and such a large variation to the control is unjustified, sets an unwanted precedent and goes against the very essence of Council’s FSR control. Having regard to the above, it is considered that the Council should not support the provision of the basement storage area and place a condition prohibiting access to the area by permanently blocking if off. The relocation of the rainwater tank is also not supported as it is proposed to relocate the tank behind the storeroom with the only access to the rainwater tank via the unauthorised storeroom. If Council is not willing to support the storeroom and requires this area to be blocked off, the rainwater tank will be inaccessible. In addition, amended stormwater plans were not submitted with the application to enable Council to assess the proposal. The rainwater tank is required to be located in the original approved location, being adjacent to the northern elevation of the dwelling.

5. Landscaping The landscaping plan has been amended to delete a section of landscaping adjacent to the side southern boundary and to include a swimming pool. The Landscaping Plan approved by Council in 2005 provided a strip of landscaping along the entire length of the southern boundary, adjacent to the side access pathway. It is now proposed to provide landscaping adjacent to the southern boundary only in the front setback area and in the rear corner, adjacent to the pool area. No southern side landscaping is proposed for the entire front section of the building. A high retaining wall and colour bond fence has been erected along the southern boundary. Whilst the deletion of landscaping along the perimeter of the side is generally not supported by Council, (approximately of 16m2 of landscaping, not including the deletion of the landscaping in the rear yard as a result of the swimming pool) the deletion of the landscaping has already been completed and the pathway constructed right up to the boundary. The amended landscaping plan complies with the amended BASIX Certificate and Assessor Certificate and as there is an existing high colour bond fence dividing the subject site and adjoining southern property, the deletion of the strip of landscaping will have minimal impact to the adjoining property and to the streetscape. The swimming pool was approved via Complying Development Application 06/58. The amended landscaping plan can be supported by Council.



ITEM 3 (Continued)

6. Extent of foundation space and light well

The light well along the northern elevation has been changed to foundation space with windows deleted. The changes are below ground and will have no impact to the streetscape or adjoining properties. 7. Height of northern fence Approval was issued to construct a 1.8m high side colour bond side and rear boundary fencing with dwarf retaining wall under. Whilst the plan stated that the colour bond fence will be 1.8m, the approved plan show that the construction of the retaining wall and fence on top will result in an overall height of 2.2m to 1.8m. The constructed fence along the northern boundary is currently more than 1.8m high. It is difficult to tell where the existing natural ground level however, from the adjoining northern property, where there have been no works done to the NGL, the fence on the adjoining property is over 2m high.

View from subject site View from adjoining northern property The owners of the adjoining northern property (93 Waterview Street) have advised that they are willing to accept the height (2.4m to 1.8m) of the fence for a length up to the kitchen window of the new dwelling, with the rest of the fence to be 1.8m as approved in LDA 2004/700. The applicant was advised of this and accordingly has amended the Section 96 modification to amend the section of the fence for modification, from the north-east corner to just pass the kitchen window (length of 23m), to have maximum height of 2.4m from NGL (taken from 93 Waterview Street). As the adjoining residents have no objections to the dividing fence as is (only up to the kitchen window), and the fence cannot be seen from the street, the proposed modification to this section of the northern fence is considered acceptable by Council.



ITEM 3 (Continued)

8. Provide pedestrian pathway along Council’s nature strip

The Section 96 plans indicate a new pathway with steps along Council’s nature strip. Perusal of Council’s records revealed that approval was given by Council’s Senior Engineer Investigation Officer on 27 June 2008 for construction of footpath in accordance with the attached level plan and construction specifications. 9. Amend conditions 13, 46 and 56 to change wording to prior to interim

occupation certificate. Condition 13 states “prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to ensure that the BASIX commitments have been implemented in accordance with the BASIX Certificate.” To ensure compliance with the BASIX certificate all works must be implemented prior to issue of occupation certificate, this is a requirement under Environmental Planning & Assessment Regulations. Clause 154B (2) of the regulations states:” A certifying authority must not issue an occupation certificate (whether interim or final) for any building resulting from, or any building that becomes a BASIX affected building because of, BASIX affected development or BASIX optional development to which this clause applies, or for any part of such a building, unless each of the commitments whose fulfilment it is required to monitor in relation to the building or part has been fulfilled.” Therefore, an interim or final occupation cannot be issued until all commitments are fulfilled, as such it is unnecessary to change the condition.

Conditions 46 & 56 are for engineering compliance certificates. Council’s Development Engineer has raised no objections to conditions 46 & 56 being changed to allow for interim Occupation Certificate, however it will be necessary to ensure that condition 56 is met within 3 months of issuing the ‘Interim Occupation Certificate. The necessary wording will be imposed at the end of conditions 46 & 56 to ensure the conditions are complied within a reasonable time frame and are followed up. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 With the changes in the architectural plans, an amended BASIX Certificate is required to be submitted. The applicant was advised of this and an amended Certificate No. 221580S dated 5 November 2008 was submitted, together with an Assessor Certificate. The commitments noted on the Certificate have been noted and complied with.



ITEM 3 (Continued) BASIX

Basix Cert #221580S ABSA Cert #20485RYD8904

- Indigenous/low water planting.

- >3200L RWT. - >1000L SWT. - Thermal Comfort: Cross

Ventilation. - Solar (gas boosted) >45

RECS HWS. - Natural Lighting

68m².

3200L RWT. 1000L SWT drainage detention HWS base unit

Kitchen window provided.

Yes Yes Yes

Yes

Yes

Water Target 40 Energy Target 40

Water: 45 Energy: 49

Yes Yes

Condition 12 of the consent to be modified to read compliance with BASIX Certificate No. 221580S.

c) Any draft LEPs.

Council has placed Draft Local Environmental Plan 2008 on public exhibition from 12 November 2008 to 16 January 2009. Under this Draft LEP, the zoning of the property is R2 low Density Residential. The proposed amendments are not contrary to the objectives of the Draft LEP or those of the proposed zoning.

d) The likely impacts of the development, including environmental impacts

on both the natural and built environments and social and economic impacts in the locality:

The proposed modifications, as discussed above, will not have an adverse impact on the surrounding properties. The proposed development will not impact on the streetscape and is in keeping with the overall design.

e) Suitability of the site for development:

The suitability of the site was assessed in the original proposal for the dwelling house.

f) Public Submissions:

The proposal was re-advertised in accordance with DCP 2006, Part 2.1 - Notification of Development Applications until 14/11/2008. No submissions were received.



ITEM 3 (Continued) 11 Management Plan Linkages N/A Relationship to Key Outcome Areas

People This project meets the following key outcomes for People (set out on page 46 of the Management Plan 2008-2011):

P1 A vibrant city that is economically strong and engages its community through

cultural and social activities. P2 A city that plans for people by involving them in decision making to improve their

quality of life. P3 A harmonious community through a culturally enriched and respectful society. Adjoining properties owners were notified of the modifications and given an opportunity to comment on the changes. No submissions were received.

Assets This project meets the following key outcomes for Assets (set out on page 56 of the Management Plan 2008-2011):

This matter has no direct relationship to this key outcome area.

Environment This project meets the following key outcomes for Environment (set out on page 67 of the Management Plan 2008-2011):

E6 Sustainable practices in buildings, waste management, transport, energy

systems and water use. The proposal meets domestic accommodation needs within the parameters of Council’s controls with no additional adverse impact on the environment.

Governance This project meets the following key outcomes for Governance (set out on page 75 of the Management Plan 2008-2011):

G1 Improved awareness and understanding of Council’s decisions by the

community. G2 Members of the community are engaged in democratic decision making. G3 Review of best practice approaches on Governance to enhance the delivery of

services to the community. G5 Compliance with all legislative requirements and statutory obligations. G6 An efficient and effective regulatory environment.



ITEM 3 (Continued) Application notified to seek community comments. Application processed and assessed in accordance with relevant controls. 12 Financial Impact

Adoptions of the option(s) outlined in the report would result in Penalty Infringement Notice being issued for the unauthorised works.

13 Other Options

In relation to the unauthorised basement store room, it is considered that Council has 2 options. The first of these is as per the recommendation of this report, which essentially requires the store room to be permanently “blocked off” (i.e. approval of all of the minor works but including a requirement to block the store room), and also that a Penalty Infringement Notice (PIN) should be issued regarding the unauthorised works. This would be consistent with the approach taken for another similar situation (i.e. 22 Cilento Cres – LDA01/417, which was considered by Council in March 2007) where there was a significant amount of additional unauthorised (potential) floor space created in a sub-floor area. In that application, Council required most of the unauthorised area to be blocked off. This is considered to be the preferred option in this situation, as the unauthorised additional floor space results in a significant non-compliance with the FSR controls in the RPSO which would not be able to be supported by Council officers. Discussions have been held with Council’s Health & Building (Enforcement) inspectors in relation to these enforcement matters and in particular the amount of the fine (associated with the PIN), and it is advised that the amount is $600. Another option available to Council, if Council is of the opinion that the unauthorised basement store room is acceptable, is to approve the Section 96 application as currently submitted. In this case, it is still recommended that the resolution should include a resolution for a PIN, to act as a deterrent for similar situations which may arise in the future. 14 Conclusion Having regard to the provisions of section 79C of the Environmental Planning and Assessment Act 1979, the provisions of Council’s Development Control Plan 2006, Part 3.3 - Dwelling Houses and Duplex Buildings, and the provisions of the Building Code of Australia, the proposed modifications to the internal layout, front driveway, northern boundary fence, landscaping and privacy screen can be supported by Council. However, the provision of the basement storage area and relocation of the rainwater tank are not supported for the reasons outlined above and a condition will be imposed to block the area off. Furthermore, as most of the works have already been carried out prior to Council’s approval, it is considered appropriate to issue a Penalty Infringement Notice for the unauthorised works.



ITEM 3 (Continued) RECOMMENDATION: (a) That the City of Ryde as the Consent Authority pursuant to Section 96 of the

Environmental Planning and Assessment Act 1979, (as amended) hereby consent to the modification of Local Development No 2004/700 dated 1 February 2005 subject to the following:

1. The following conditions to be modified to read:

1. Development is to be carried out in accordance with the Plans: Drawing No.

1/9C, 2/9C, 3/9C, 4/9C, 5/9C, 6/9C (as submitted to Council on 21 December 2004), 7/9C, 8/9C, Landscape Plan 1/1 dated Dec 2004, Stormwater Drawing No. 04MB1528/D01 & D02 Issue A and support information submitted to Council and amended by the following plans:

• Plans 1 to 9, inclusive, Issue F, prepared by Maysons International

P/L, amended 28/10/08 and submitted to Council on 06/11/08 and 19/11/08 and amended in red by:

The area of the basement store room shall be permanently blocked off at its entrance – refer to amendments in red on the approved plans. This shall be achieved by constructing a full height brick wall (or other suitable masonry product) from the finished basement floor level to the underside of the ground floor slab.

. • Landscaping Plan 1/1 prepared by Eden on Earth dated 23/09/08

submitted to Council on 6/11/08.

10. 1.7m high obscure glazed privacy screen is to be provided to either side of the rear first floor balcony. The privacy screen shall reach a height of 1.7m from the balcony floor level. Details are to be submitted with the Construction Certification application.

12. The development is to be carried out in compliance with BASIX

Certificate No. 221580S dated 5 November 2008. Details of compliance are to be reflected on the plans submitted with the Construction Certificate.

Note: Any architectural and/or fixture changes to the development will require the submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act.

46. Engineering Compliance Certificates. Engineering Compliance Certificates must be obtained for the following works at the specified stage (If Council is appointed the PCA then the appropriate inspection fee is to be paid to Council) and submitted to the Principal Certifying Authority prior to the issue of a Final Occupation Certificate:



ITEM 3 (Continued)

• Prior to backfilling of pipelines in which Council has an interest. • Prior to backfilling of drainage connections to pipelines or

channels in which Council has an interest. • Prior to casting of pits and other concrete structures in which

Council has an interest including kerb & gutter, access ways, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

NOTE: Council has an interest in all pipelines which drain public

reserves and public road reserves, and in all structures located within public road reserves.

All Engineering Compliance certificates are to contain the following declarations a) This certificate is supplied in relation to <<address of property>>. b) <<name of engineer and company >> have been responsible for the

supervision of all the work nominated in (a) above. c) I have carried out all tests and inspections necessary to declare that

the work nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d) I have kept a signed record of all inspections and tests undertaken during the works, and can supply the Principal Certifying Authority [PCA] with a copy of such records and test results if and when required.

Note: to ensure compliance within a reasonable period and follow ups are carried out the PCA is to conduct audit to ensure that the above requirements are met within 3 months of issuing any interim Occupation Certificate.

56. Compliance Certificates – Engineering. Compliance Certificates must

be obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA prior to a Final Occupation Certificate.

• Confirming that all vehicular footway and gutter (layback)

crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

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



ITEM 3 (Continued)

• Confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41"

• Confirming that the site drainage system servicing the development complies with the construction plan requirements and Ryde City Council's Stormwater Management Development Control Plan “DCP 41

Note: to ensure compliance within a reasonable period and follow ups are carried out the PCA is to conduct audit to ensure that the above requirements are met within 3 months of issuing any interim Occupation Certificate.

2. The following new condition is hereby added:

61. The applicant is to obtain an amended Construction Certificate

for the works to be carried out (the blocking off the storage room) and the Principal Certifying Authority to monitor compliance with the approval and issue any relevant documentary evidence or certificates.

3. The application to modify condition 13 of the consent and relocation of

the rainwater tank are not support as:

Condition 13: Clause 154B (2) of the Environmental Planning & Assessment Regulation 2000 Regulations does not allow the issuing of any occupation certificate (interim or final) until all BASIX commitments has been fulfilled. Rainwater tank: i. The basement store room is to be permanently blocked off and

the rainwater tank will be inaccessible. ii. No amended stormwater details submitted with the application to

enable proper assessment of the proposal.



ITEM 3 (Continued)

(b) Manager Health & Building to issue a Penalty Infringement Notice for the unauthorised works and monitor compliance with the recommendations.

Report prepared by: Sandra McCarry Senior Town Planner Report approved by: Liz Coad Manager Assessment Environment & Planning



ITEM 3 (Continued) No submissions received

Site



ITEM 3 (Continued)

development committee agenda no. 1/09 · owner: r polcino date lodged: 11 march 2008 this report...

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