item - reports - north sydney council€¦ · da10 b east & west elevations julie cracknell...

Item ____IPP04_______ - REPORTS -____05/08/2015___________

N O R T H S Y D N E Y C O U N C I L R E P O R T S

NSIPP MEETING HELD ON 5/08/2015

Attached:

1. Site Plan

2. Plan

3. Bushfire Protection Assessment

REPORT TO THE GENERAL MANAGER

ADDRESS/WARD: 562a Miller Street Cammeray (T)

APPLICATION NO.: DA.107/15

PROPOSAL: Demolition of existing building and erection of a six storey

residential flat building containing 11 dwellings with mechanical

parking system, and strata subdivision.

PLANS REF:

Plan No. Issue Title Drawn by Received

DA01 B Site plan Julie Cracknell & Peter Lonergan 3 July 2015

DA02 B Level 1 Julie Cracknell & Peter Lonergan 3 July 2015 DA03 B Level 2 Julie Cracknell & Peter Lonergan 3 July 2015 DA04 B Level 3 Julie Cracknell & Peter Lonergan 3 July 2015 DA05 B Level 4 Julie Cracknell & Peter Lonergan 3 July 2015 DA06 B Level 5 Julie Cracknell & Peter Lonergan 3 July 2015 DA07 B Level 6 Julie Cracknell & Peter Lonergan 3 July 2015 DA08 B Roof Julie Cracknell & Peter Lonergan 3 July 2015 DA09 B Cross sections Julie Cracknell & Peter Lonergan 3 July 2015 DA10 B East & West elevations Julie Cracknell & Peter Lonergan 3 July 2015 DA11 B North & South

elevations

Julie Cracknell & Peter Lonergan 3 July 2015

DA13 A Strata Subdivision Plan Julie Cracknell & Peter Lonergan 14 April 2015

LPDA-

315/1

E Landscape Plan Conzept Landscape Architects 3 July 2015

OWNER: F Kwong Sing & Co Investments Pty Ltd

APPLICANT: Modog Pty Ltd

AUTHOR: Geoff Mossemenear, Executive Planner

DATE OF REPORT: 23 July 2015

DATE LODGED: 14 April 2015

Item ____IPP04_______ - REPORTS -____05/08/2015___________

N O R T H S Y D N E Y C O U N C I L R E P O R T S

AMENDED: 20 May 2015, 3 July 2015

RECOMMENDATION Approval

Report of Geoff Mossemenear, Executive Planner

Re: 562a Miller, Street Cammeray

EXECUTIVE SUMMARY

This development application seeks Council‟s approval for demolition of the existing building

and the erection of a six storey residential flat building containing 11 dwellings with mechanical

parking system, and strata subdivision. The existing building enjoys existing use rights and is

classified as affordable housing. The application is referred to NSIPP due to the public interest

and breach of height control.

Council‟s notification of the proposal has attracted three submissions raising particular concerns

about the mechanical parking system, traffic and impact from excavation. The assessment has

considered these concerns as well as the performance of the application against Council‟s

planning requirements. Council‟s Design Excellence Panel recommended a number of changes to

the proposal. The applicant responded with amended plans on 3 July 2015. The changes did not

warrant further notification.

Following this assessment the development application is considered to be reasonable in the

circumstances and is recommended for approval subject to conditions.


Re: 562a Miller Street Cammeray

LOCATION MAP

Property/Applicant Submitters - Properties Notified


Re: 562a Miller Street, Cammeray

DESCRIPTION OF PROPOSAL

The proposed development comprises the demolition of the existing residential flat building and

the construction of a new residential flat building over 6 levels accommodating eleven

apartments. Off-street car parking is proposed for ten (10) vehicles in a car stacker arrangement,

accessed by the existing driveway crossings located along the Miller Street frontage.

The mix of apartments comprises 7 x 1 bedroom apartments, 3 x 2 bedroom apartments and 1 x 3

bedroom apartments. The ten car parking spaces will be allocated as Common Property.

The schedule of external materials and finishes includes face brickwork, off form concrete,

painted render, aluminium framed windows and doors, metal balustrades, glass louvres and

concrete (metal deck) roofing.

STATUTORY CONTROLS

North Sydney LEP 2013

Zoning – R3 Medium Density

Item of Heritage – No

In Vicinity of Item of Heritage – No

Conservation Area – No

S94 Contribution

Environmental Planning & Assessment Act 1979

SEPP (Affordable Rental Housing) 2009

SEPP 65

SEPP 55 - Contaminated Lands

SREP (Sydney Harbour Catchment) 2005

POLICY CONTROLS

DCP 2013

DESCRIPTION OF LOCALITY

The subject site is located on the north western side of Miller Street north of Cambridge Street.

The site has an area of 601m², and is an irregular triangle in shape with a frontage of 15.24

metres to Miller Street.

The site is separated from the main carriageway of Miller Street with a separate carriageway

commencing at the junction of Miller Street and Cambridge Street.

The site is currently occupied by a 3 storey residential flat building accommodating three (3)

residential apartments. Off-street car parking is provided within individual garages located at the

ground floor level.

The site adjoins a 2-3 storey duplex at No.564 Miller Street. On the south west, the site adjoins a

multi-storey residential flat building (No. 2A Cambridge Street) accommodating 16 apartments.



Existing residential flat building

RELEVANT HISTORY

The existing building on the site was constructed (circa 1981) consisting of three (3) apartments.

The building remains substantially in its original form.

The subject application was lodged on 14 April 2015. Following comments from Council‟s

Design Excellence Panel, Development Assessment Engineer and Bushland Management

Coordinator, the applicant was requested to amend the proposal.

Amended plans were lodged on 3 July 2015 including the following changes:

Setting back the building from the eastern boundary;

Re-arrange the penthouse to be set back from the northern, eastern and southern edges of

the building;

Provide a different colour finish to the external walls of the fire stair;

Provide a concrete roof in accordance with the Bush Fire report; and

Provide OSD.

The amended plans did not require notification and are the subject of this assessment report.

REFERRALS

Building



The proposal would have to comply with the Building Code of Australia. A condition can be

imposed to ensure compliance.

Traffic

Council‟s Traffic Manager has provided the following comments:

I refer to your request for traffic comments in relation to Development Application 107/15 for development at 562A

Miller Street, Cammeray. I have read the Traffic and Parking Assessment Report prepared by Varga Traffic Planning

dated 25 March 2015.

Existing Site

The site is located on the eastern side of Miller Street, Cammeray in the cul-de-sac slip lane north

of Cambridge Street. The application states the existing site comprises a residential flat building

with three 3 bedroom apartments and off-street parking via two driveways.

Proposed Development

The Development Application proposes demolition of the existing building, excavation and

construction of a new residential apartment building with 11 apartments and 5 levels of basement

parking for 10 vehicles accessed via a single driveway and mechanical car stacker.

Parking Provision

Council‟s DCP 2013 sets out the following maximum parking provisions for this development:

Development Component DCP 2013 Parking Rate Max. No. Parking Spaces

(DCP 2013)

7x 1 bedroom 1 7

3 x 2 bedroom 1 3

1 x 3 bedroom 1.5 1.5

Total No. Car Spaces 11.5

The development proposes 10 parking spaces which is reasonably compliant with Council‟s

DCP.

The DCP requires a car wash bay to be provided for all residential developments with 4 or more

dwellings. The proposed development does not provide for any such car wash bay.

Traffic Generation

I generally concur that the proposed development will not have unacceptable traffic implications

in terms of road network capacity.

Bicycle Parking

No specific secure bicycle parking is provided, however the proposal does include basement

storage for each apartment which appear large enough to accommodate a bike, which complies

with the DCP requirements. The development does not propose any visitor bike parking rails. At

least 2 rails should be provided for a development of the proposed size.



Mechanical Car Stacker

The use of a car lift should always be the last alternative for vehicular access. With any vehicular

lift, there are concerns that the residents will chose not to use the lift because of the time delay

and inconvenience, and this will place demands on the on-street parking. Particularly if residents

are returning home for only a short time, it is likely that they will not “bother” with the

inconvenience of the vehicle lift. Further, car stackers by their very nature are highly mechanical

systems, which therefore make them highly likely to break down.

Australian Standard 2890.1 states in relation to mechanical parking installations, “Access to

mechanical parking installations such as car stackers, shall be by means of access driveways and

circulation roadways designed in accordance with this Standard, and providing sufficient vehicle

storage to ensure that queues of vehicles awaiting service by the installation do not extend

beyond the property boundary of the parking facility under normally foreseeable conditions.

“When determining the amount of vehicle storage required, queue lengths shall be calculated by

applying conventional queuing theory to estimated mean arrival rates during normal peak

periods, and mean service rates under continuous demand, determined as closely as possible from

observing the operation of similar facilities. The storage area shall be designed to accommodate

the 98th

percentile queue under such conditions.”

Varga Traffic Planning has provided a queuing analysis based on arrival rate of 5 vehicles per

hour and an average round trip time for the lift of 180 seconds. There does not appear to be any

on-site storage for a vehicle to queue whilst another vehicle exits the lift/driveway. Therefore a

queuing analysis of the system where 2 or more vehicles are present (including the vehicle in

service) is appropriate. An analysis using Poisson distribution and the above arrival and service

rates demonstrates that using the “average” round time trip rate there is a 6.25% chance of two or

more vehicles arriving on-site. This is outside of the 98th

percentile figure required by the

Australian Standard AS280.1. Given the driveway is shared with the adjacent driveway there

could be a potential for a waiting vehicle to block the access. There is a 1.56% chance of three or

more vehicles arriving on-site. Council‟s DCP requires a car waiting space entirely on-site where

the car stacker system accommodates more than 10 vehicles.

Conclusion

Should Council approve this development it is recommended that the following conditions be

imposed:

1. That a Construction Management Plan be prepared and submitted to Council for approval by

the North Sydney Traffic Committee prior to the issue of the Construction Certificate. Any

use of Council property shall require appropriate separate permits/ approvals.

2. That a minimum of 2 visitor bicycle rails be provided in accordance with the North Sydney

DCP 2013

3. That all aspects of the bicycle parking and storage facilities comply with the Australian

Standard AS2890.3.

4. That all aspects of the carpark comply with the Australian Standard AS2890.1 Off-Street

Parking. In particular, headroom is to be a minimum of 2.2 metres.

5. That the developer pays to upgrade the lighting levels on Miller Street adjacent to the site, to

the satisfaction of Council.



The car stacker is considered appropriate for the site due to its steep topography and the small

number of spaces. Adequate bicycle storage is available on site in the allocated store rooms.

Visitor bicycle rails have not been provided although informal space is available adjacent to the

garbage storage area adjacent to the garage access. Upgrading of street lighting is not a proper

planning condition to be imposed on this particular application.

Engineering/Stormwater Drainage/Geotechnical

Council‟s Development Assessment Engineer requested modifications to the stormwater design

to include OSD. The amended plans were submitted on 3 July 2015. Suitable conditions have

been recommended.

Landscaping

Council‟s Landscape Development Officer has provided the following comments:

I have inspected the property with the appointed Arborist, and the Applicant (Rob Moore and

Nick Rickard) and Councils T.P.O and the following observations were made and

recommendations provided.

The plantings shown as retained (shown on the submitted landscape plan) at the front of

the property will not be threatened by the works.

The Plantings on Council property adjacent to 562a Miller Street (Council Drainage

Reserve) are not threatened by the works, but I recommend a small bond be placed on

the aforementioned plantings.

There is no vegetation of worth in the rear garden area.

There is a mature Eucalyptus sp.(subject of the Arborist Arboricultural Impact Statement)

growing on the adjoining property to the west of the subject property. As indicated by the

Arborist protective measures provided for the tree should adequately protect the tree

during demolition, excavation and construction. Whilst there is excavation in its vicinity

it is about 3 metres above the ground level of the tree and the likely hood of root activity

is minimal and if any are encountered the Arborist could provide management

techniques such as hand digging etc. To ensure the tree does not suffer any damage.

The Arborist has also provided anticipated pruning requirements that are satisfactory.

However it was determined on site that one limb near the top the tree may be close

(500m.m) to the proposed building footprint and it would be beneficial to the tree that it

remains in place. It is very difficult to make an accurate determination of whether or not

the branch may need to be pruned.

The applicant indicated that he was happy for Council Condition that if during the

construction stage it was apparent that the limb may be affected that the building design

be modified such that no part of the tree is any closer to the building structure than

500m.m. I believe this to be a satisfactory outcome.

In conclusion I raise no objections to the development application provided the following

conditions form part of the consent.

The amended landscape plan is satisfactory.

Bushland Management



Council‟s Bushland Management Coordinator has provided the following advice:

Upon review of the supplied Landscape Plan, it is apparent that the Plan does not comply entirely

with the provisions outlined in NSDCP 2013 (Part B, Section 15.3.3 Bushland) for developments

located within the Bushland Buffer Area A (properties located within 100m of E2 zoned

bushland).

It is requested that the applicant review Section 15 of the NSDCP 2013 and amend their

landscape plan, and in particular plant species selected under the planting schedule, to be

consistent with the relevant provisions.

Of particular concern are the following non-endemic species:

- Liriope muscari „Isabella‟ (non-native species)

- Syzygium sp. „Cascade‟ (Cultivar. Parent species native to north coast NSW)

To assist with this process, the applicant may wish to use resources available on Council‟s

website (www.northsydney.nsw.gov.au/nas) which contains lists of plant species endemic to the

closest bushland remnant to the site – Primrose Park. Suitable vegetation communities from

which to select species for the development include:

- Blackbutt Gully Forest

There is a concern that the proposed pruning of a remnant Blackbutt tree (Eucalyptus pilularis)

located within the E2 zoned bushland of Tunks Park may not be in the best interest of tree health,

structure and longevity. Furthermore, pruning in this manner may lead to an expectation by future

property owners that such tree maintenance (for amenity purposes) would be ongoing. This

element of the development has been referred to Council‟s arborist for advice.

Lastly, the Stormwater Management Plan submitted by the applicant is inconsistent with the

provisions outlined in NSDCP 2013 (Part B, Section 15.3.4 Bushland).

Stormwater should never be discharged directly in to bushland. In the first instance, stormwater

should be connected to Council‟s existing stormwater infrastructure. If this isn‟t possible, then a

diffused infiltration system connected to a detention system is preferable. Unmanaged discharge

of stormwater in bushland causes serious damage to bushland condition and ecosystem function.

It is recommended the applicant revise their stormwater management plan to achieve consistency

with the Bushland DCP. An existing Council draining line is situated on the western boundary of

the property and should be utilised.

The applicant has responded with the amended stormwater design and landscape plan.

Aboriginal Heritage Office

Reference is made to the proposed development at the above area and Aboriginal heritage.

No sites are recorded in the current development area and the area has been subject to previous

disturbance reducing the likelihood of surviving unrecorded Aboriginal sites.

Given the above, the Aboriginal Heritage Office considers that there are no Aboriginal heritage

issues for the proposed development.



Should any Aboriginal sites be uncovered during earthworks, works should cease and Council,

the NSW Office of Environment and Heritage (OEH) and the Metropolitan Local Aboriginal

Land Council should be contacted.

A suitable condition can be imposed.

Design Excellence Panel

The application was considered by Council‟s Design Excellence Panel on 9 June 2015 and the

Panel provided the following comments:

Panel Comments:

The Panel recognised the difficulty of the site due to its steepness and shape. The Panel noted that

the proposal did not comply with the height control or the minimum setbacks and was relying on

Existing Use rights.

The Panel felt that the siting of the building was appropriate. The Panel did not provide comment

on the scale of the building at the rear or any impacts that might occur from the scale.

The Panel raised concern about the proposed setbacks from the side boundaries and felt that they

should be increased for appropriate building separation and to provide views between buildings

from the public domain.

This separation is to also reflect the very steep land on which the building is located. Very hilly

topography is better suited to small foot printed buildings. Small footprints require less cutting of

the land and also enable the shape of the land to be read and understood.

The Panel felt that the top floor needed to be scaled back to lessen the visual impact from the

street and from the rear of the adjacent building. The top floor should be differentiated from the

lower floors with greater side setbacks and different materials and colours to create a varied

roofscape, but modest in design, when viewed from the street.

The Panel did not comment further as further modifications might be required depending on the

impacts of the proposal on the neighbouring development. The Panel was not aware of the extent

of excavation proposed and how close the excavation would be to the boundaries. These matters

would be addressed in Council‟s assessment of the proposal.

Conclusion:

The Panel does not support the proposal without the above concerns being addressed.

Amended plans were lodged on 3 July 2015 including the following changes:

Setting back the building from the eastern boundary;

Re-arrange the penthouse to be set back from the northern, eastern and southern edges of

the building;

Provide a different colour finish to the external walls of the fire stair;

Provide a concrete roof in accordance with the Bush Fire report; and

Provide OSD.



External Referrals

The application was referred to Roads and Maritime Services and the RMS responded as follows:

Reference is made to your letter dated 12 October 2012 (received on 21 April 2015), regarding

the abovementioned Application which was referred to Roads and Maritime Services (Roads and

Maritime) for concurrence in accordance with Section 138 of the Roads Act, 1993.

Roads and Maritime has reviewed the submitted information and would provide concurrence

under Section 138 of the Roads Act 1993, subject to the following conditions being included in

any consent issued by Council.............

......................Roads and Maritime has the following comments for Council's consideration in the

determination of the application:

1. The layout of the proposed car parking areas associated with the subject development

(including, driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths,

and parking bay dimensions) should be in accordance with AS 2890J- 2004.

2. A Construction Traffic Management Plan detailing construction vehicle routes, number of

trucks, hours of operation, access arrangements and traffic control should be submitted to

Council for approval prior to the issue of a Construction Certificate.

3. The proponent proposes to finalise a garden area that extends within the unformed section of

Miller Street to the south of the development site. Only minor gardens/landscaping without any

formal occupation should be supported in this area.

The application was referred to Rural Fire Service and the RFS responded as follows:

I refer to your letter dated 16 April 2015 seeking general terms of approval for the above

lntegrated Development in accordance with Section 91 of the 'Environmental Planning and

Assessment Act 1979'.

This response is to be deemed a bush fire safety authority as required under section 100B of the

'Rural Fires Act 1997' and is issued subject to the following numbered conditions..................

.............................General Advice - consent authority to note

The Service recognises that the site is constrained and that the proposed development falls within

the Flame Zone. Flame Zone development is high risk development; consequently, in situations

such as this, the Service seeks to improve the overall fire safety of the existing development. This

requires greater emphasis on construction standards, landscaping, siting, and vegetation

management practices to ensure improved levels of protection are afforded to the development,

its occupants and fire fighters. The Service has undertaken a merit based assessment of the

proposal and provides the above advice in accordance with 'Planning for Bush Fire Protection

2006'.

SUBMISSIONS

The owners of adjoining properties and the Bridgeview/Plateau/Bay Precincts were notified of

the proposed development on 24 April 2015. The notification resulted in the following

submissions.

Basis of Submissions



Impact on rock face and damage caused by excavation

Works could jeopardise foundation of building

Concern with mechanical parking system

Two nearby developments have mechanical lifts servicing underground carparks

Parking in Cambridge Street and Miller Lane has become impossible as residents prefer to

park in streets during day than use the lifts

Would cause precedent to adjoining sites to provide lifts to carparks

Traffic and parking

Mechanical parking would not be used by residents

CONSIDERATION

The relevant matters for consideration under Section 79C of the Environmental Planning and

Assessment Act 1979, are assessed under the following headings:

The application has been assessed against the relevant numeric controls in NSLEP 2013 and DCP

2013 as indicated in the following compliance tables. More detailed comments with regard to the

major issues are provided later in this report.

NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area - 601m² Proposed Control Complies

Clause 4.3 – Heights of Building 9.4m at front

14.5m at highest point

8.5m NO

DCP 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 1- Residential Development

complies Comments

1.2 Social Amenity

Population Mix Yes Proposal provides a mix of 1, 2 and 3 bedroom apartments

Maintaining Residential Accommodation Yes The proposal increases density on site

Affordable Housing Yes The existing building contains units that are classified as

affordable housing. See detailed assessment below.

1.3 Environmental Criteria

Topography Yes Finished ground level is generally within 500mm of existing

ground level, other than where access is required along the

side boundaries. The habitable rooms are above existing

ground level along the main (northern) facade. Excavation is

proposed within 1m along portions of the side boundaries to

formalise the pedestrian access arrangements.

Bushland Yes The existing ground levels in the northern portion of the site

are being retained, and normal precautions will be taken

during the construction of the proposed development to

ensure there are no adverse impacts in terms of runoff and

water quality. Amended plans submitted to satisfy comments

from Council‟s Bushland Management Coordinator.

Bush Fire Prone Land Yes Conditions provided by RFS referral

Views Yes The amended plans increase side setbacks and maintain



public views to the bushland. Views from adjacent properties

not affected.

Solar Access Yes Ten of the proposed apartments (91%) will receive a

minimum of 3 hours of solar access between 9am and 3pm,

and the adjoining properties to the north-east and south-west

will maintain at least 3 hours sunlight between 9am and 3pm.

Acoustic Privacy Yes Satisfactory with conditions.

Visual Privacy Yes No unacceptable impacts

1.4 Quality built form

Context Yes The site is located within an established residential precinct

characterised by a relative predominance of residential flat

buildings, with detached dwellings, semi-detached dwellings

and townhouses. The existing development represents a mix

of building forms and architectural styles. The proposed

development responds to the context of the site by providing

a building form that maintains an appropriate height, scale

and form when viewed from the public domain. The upper

level has been scaled back and side setbacks increased at the

recommendation of Council‟s Design Excellence Panel to

provide a suitable building form.

Streetscape Yes Street vegetation will be protected and enhanced. Unused

driveway will be replaced with kerb and gutter and add to

on street parking.

Siting Yes The proposed development provides a single building form,

with the front elevation designed to appropriately address the

street.

Setback – Side No The setbacks are generally consistent with the established

pattern of development in the locality, and greater than the

setbacks of the adjoining buildings. The proposed

development involves partial variations to the side boundary

setback controls. The amended plans increased side setbacks

of the upper levels as recommended by the DEP.

Setback - Rear Yes The rear setback generally matches the minimum rear

setbacks of the adjoining buildings, and compatible with the

established setbacks lo Long Bay Gully.

Building Separation No The separation distances to the adjoining buildings are

compatible with the established pattern of development in the

locality, and the setbacks to the side boundaries are greater

than the setbacks of the adjoining buildings. There are no

living areas facing the side boundaries.

Form Massing Scale Yes The height of the building is compatible with the existing and

adjoining buildings when viewed from Miller Street. The

proposed development provides a flat roof to reflect the

architectural character of the building, and is consistent with

the roof form of other contemporary residential buildings in

the locality. The flat concrete roof is also needed for Fire

safety compliance.

Built Form Character Yes Amended plans are in response to DEP comments and now

satisfactory.

Dwelling Entry Yes At front and visible from street.

Roofs The proposed development provides a flat roof to reflect the

architectural character of the building, and is consistent with

the roof form of other contemporary residential buildings in

the locality. The flat concrete roof is also needed for Fire

safety compliance.

Materials Yes Also need to satisfy RFS requirements.

Balconies - Apartments Yes All of the balconies provide a depth of more than 2m, and an

area of greater than 8m². The balconies are integrated with

the architectural form and style of the building.

Front Fences NA No front fence proposed.

1.5 Quality Urban Environment High Quality Residential Accommodation Yes Unit sizes of:

1 bedroom: 52 - 60m²

2 bedroom: 74 - 106m²



3 bedroom: 147m²

The apartments are serviced by balconies and/ or terraces.

All of the apartments will be naturally cross-ventilated.

Safety and Security Yes Satisfactory

Vehicle Access and Parking Yes See detailed comments under traffic.

Site Coverage No Site coverage of 49% exceeds maximum requirement of 45%,

however part of building is setback from level 4 up (level 1,

2 and 3 below ground level) with landscaping at level 4

(street ground level) that would reduce site cover to 47.5%.

Landscaping is compliant and un built upon area is less than

permitted. Minor variation of 15m². The site enjoys existing

use rights. In accordance with the decision in Fodor

Investments v Hornsby Shire Council (2005), the prescriptive

requirements of planning instruments and development

control plans cannot be applied to the assessment of the

application as they would detract from the Applicant's

existing use rights.

Landscape Area Yes 40% landscaped area provided. The larger areas of

landscaped area are not fragmented and remain usable. The

proposed driveway is more than 500mm from the boundaries,

and the pathway along the southeastern boundary is

consistent with similar side footpaths in the locality.

Excavation Yes The excavation for basement, plant and storage areas is less

than70% of the site area. No part of the rear of the site will

be excavated, excavation is not proposed within the front

setback, and no excavation is proposed within 1.5m of the

north western (side) boundary. The basement does not extend

the full width of the site.

Landscaping Yes See detailed comments of Landscape Development Officer

Front Gardens Yes Landscaping is proposed within the front setback. The paving

within the front setback has been minimised.

Private and Communal Open Space Yes Adequate balconies and terraces are provided as private

open space. Communal open space provided in rear yard.

Garbage Storage Yes Adequate storage provided with easy access.

1.6 Efficient Use of Resources Energy Efficiency Yes BASIX certificate submitted.

NORTH SYDNEY LEP 2013

Permissibility

The subject site is zoned R3 Medium Density under the provisions of the North Sydney Local

Environmental Plan 2013 (NSLEP 2013). The application proposes a residential flat building

which is prohibited in this zone.

Section 106 - Existing Use Rights of E P & A Act 1979

Notwithstanding such prohibition, if „existing use‟ rights can be satisfactorily established for the

land affected by the proposed development, then the consent authority may approve a

development application (subject to meeting the relevant requirements applying to existing uses

under Sections 106 -109 of the E P & A Act 1979, the Regulation under the Act, and considering

the impacts of the proposal).

The existing building comprises a residential flat building containing 1 x 2 and 2 x 3 bedroom

apartments approved in 1981 that has continually operated for this use to this day.

Section 107 - Continuance of and Limitation on Existing Use



Section 107 of the E P & A Act 1979 outlines the provisions relating to the continuance of and

limitation on existing use. The site has continually been used as a residential flat building without

abandonment.

The proposed works involve intensification and rebuilding. The proposal is therefore considered

to satisfy Section 107 of the E P & A Act 1979.

Clauses 42-44 of the E P & A Regulations 2000

Clauses 42-44 of the E P & A Regulations 2000 are also relevant to the proposed development

because these Clauses set out the certain development allowed under existing uses, the matters

for consideration for enlargement, expansion or intensification of existing uses and the consent

requirements for an existing use.

The proposed works involve intensification and rebuilding. The new building would be

constructed on the land to which the existing use was carried out. The proposal is therefore

considered satisfactory having regard to Clauses 42-44 of the E P & A Regulations 2000

Land and Environment Court Planning Principles - Existing Use Assessments

An assessment has been carried out in accordance with the NSW Land and Environment Court

planning principles in relation to the assessment of development applications based on existing

use rights which were stated by Senior Commissioner Roseth in Fodor Investments v Hornsby

Shire Council (2005).

(a) Principle 1 - How do the bulk and scale (as expressed by height, floor space ratio and

setbacks) of the proposal relate to what is permissible on surrounding sites?

The property has a fall of 16m from the front to the rear and a fall of 6m where the building is

proposed. The height of the building varies between 9.4m at the front and 14.5m at the side

towards the rear of the building. The upper floor has been amended to reduce the scale when

viewed from a public space. The height at the side and rear of the building would not be evident

from the street.

The height control for the R3 Medium Density zone is 8.5m. The site directly adjoins a R4 High

Density zone to the west where the height control is 12m. The height of the building is

compatible with the existing and adjoining buildings when viewed from Miller Street. The

proposed development provides a flat roof to reflect the architectural character of the building,

and is consistent with the roof form of other contemporary residential buildings in the locality.

The flat concrete roof is also needed for Fire safety compliance.

The side setbacks required in a R3 zone vary between 900mm and 2.5m. The proposal has a

setback on its eastern side of between 1.2m and 2.4m and between 1m and 3m on its western

side. The setbacks are greater than the setbacks of adjacent buildings. The proposed development

involves partial variations to the side boundary setback controls. The amended plans increased

side setbacks of the upper levels (3m and 3.6m) as recommended by the DEP.

(b) Principle 2 - What is the relevance of the building in which the existing use takes

place?



The proposed development would continue to be used as a residential flat building albeit with an

intensification of the use. The existing building contains units that are classified as affordable

housing. This aspect has been assessed below.

(c) Principle 3 - What are the impacts on adjoining land?

Consideration has been given below to the potential impacts of the proposed development:

Car Parking

The development has provided for adequate parking for each apartment.

Noise

The proposed development will not cause unacceptable impacts with regard to noise. Appropriate

conditions can be imposed to ensure amenity of the proposed apartments.

Environment

The existing ground levels in the northern portion of the site are being retained, and normal

precautions will be taken during the construction of the proposed development to ensure there are

no adverse impacts in terms of runoff and water quality. Amended plans submitted to satisfy

comments from Council‟s Bushland Management Coordinator.

Views

The proposed modifications will not impact on any significant views.

Solar access

Ten of the proposed apartments (91%) will receive a minimum of 3 hours of solar access

between 9am and 3pm, and the adjoining properties to the north-east and south-west will

maintain at least 3 hours sunlight between 9am and 3pm.

Privacy

No unacceptable impacts caused on neighbouring properties. Majority of apartments (other than

one that faces street) have their living areas and balconies facing the rear bushland.

Materials

The schedule of external materials and finishes includes face brickwork, off from concrete,

painted render, aluminium framed windows and doors, metal balustrades, glass louvres and

concrete (metal deck) roofing. The materials are suitable for bushfire safety and are considered to

be generally compatible with the materials used in the locality.

Streetscape

The design will provide visual interest and contribute to the streetscape. The design is in keeping

with recent contemporary buildings further east on Miller Street.



Stormwater

The proposal includes OSD and is considered satisfactory.

Landscaping

Council‟s Landscape Development Officer has accepted the amended landscape plan and

recommended appropriate conditions.

(d) Principle 4 - What is the internal amenity?

The amenity of the apartments is satisfactory with a high percentage of apartments having in

excess of 3 hours of solar access all having cross ventilation.

Concluding Remarks – Existing Use Right Planning Principles Assessment

The proposal has been assessed against the four planning principles established by the NSW

Land and Environment Court in relation to existing use rights. The proposal is unlikely to result

in any unreasonable amenity impacts to adjoining properties and is considered reasonable for the

site.

Prescriptive requirements

In accordance with the decision in Fodor Investments v Hornsby Shire Council (2005), the

prescriptive requirements of planning instruments and development control plans cannot be

applied to the assessment of the application as they would detract from the Applicant's existing

use rights. The amended proposal has been assessed against the relevant planning principle and

found to be satisfactory as detailed above.

Zone Objectives

The objectives of the zone relating to residential development are expressed as follows:

To provide for the housing needs of the community within a medium density residential

environment.

To provide a variety of housing types within a medium density residential e environment.

To encourage development sites for medium density housing if such development does

not compromise the amenity of the surrounding area or the natural or cultural heritage

of the area.

To provide for a suitable visual transition between high density residential areas and

lower density residential areas.

To ensure that a high level of residential amenity is achieved and maintained.

As the development directly adjoins the R4 High Density zoning, the proposal represents a

suitable transition and satisfies the above objectives.

SEPP (Affordable Rental Housing) 2009



The Affordable Rental Housing SEPP seeks to facilitate the retention and mitigate the loss of

existing affordable rental housing, and to employ a balanced approach between obligations for

retaining and mitigating such loss.

Part 3 of the SEPP provides for the retention of existing affordable rental housing and applies to

“low rental residential buildings”, which include residential flat buildings containing a low rental

dwelling.

The existing residential flat building on the site accommodates three (3) apartments, comprising

1 x 2 bedroom apartment and 2 x 3 bedroom apartments. The Managing Agent has provided

rental details for the property as at 28 January 2000 as follows:

Unit 1 (3 bedrooms): $400.00 per week



The Rent and Sales Report (March Quarter 2000) identifies the median weekly rental for a 2

bedroom apartment in the North Sydney Local Government Area (LGA) as being $360.00 per

week. Accordingly, it can be assumed that Unit 3 was a "low-rental dwelling" as at 28 January

2000. The Rent and Sales Report does not identify the median weekly rental for 3 bedroom

apartments. Irrespective, it is likely that Units 1 and 2 were also "low-rental dwellings" as at

28 January 2000. The applicant has agreed that units 1 and 2 were also “low rental dwellings”.

The existing building is within the meaning of a “low-rental residential building” as it contains

“low-rental dwellings”, being all three units let at a rental not exceeding the median rental level

for that type of unit in the North Sydney LGA at 28 January 2000; therefore Part 3 applies.

The relevant provisions of the SEPP are considered below. When considering the reduction of the

availability of affordable housing, the consent authority is required under Clause 50(2) to take

into account the Guidelines and each of the following criteria in the SEPP:-

(a) Whether there is likely to be a reduction in affordable housing.

The development will result in the loss of three (3) low-cost dwellings containing eight (8)

bedrooms in total (comprising 1 x 2 bedroom and 2 x 3 bedrooms units).

(b) Whether there is available sufficient comparable accommodation to satisfy the demand

for such accommodation.

The average vacancy rate in private rental accommodation in Sydney for the 3 months

immediately preceding the date of lodgement of the DA has been below 3%. As the vacancy rate

is less than 3% it is concluded that there is insufficient comparable accommodation available to

satisfy demand for such accommodation, in accordance with Clause 50(3) of the SEPP.

(c) Whether the development is likely to cause adverse social and economic effects on the

general community.

Having regard to the community wide impacts arising from the loss of the units, and their

replacement with larger higher end apartments, will likely include the following:-

Loss of household diversity (socio-economic, structure, age and ethnicity);



Gentrification increasing the social isolation of any remaining low-income residents;

Increased rental market competition and loss of general housing affordability in North

Sydney; and

Reduced disposable income that would otherwise be spent on food and other essentials.

(d) Whether adequate arrangements have been made to assist the residents of the building

likely to be displaced to find alternative comparable accommodation.

The existing tenants will continue to occupy the apartments in accordance with their lease

agreements, and the Managing Agent will provide assistance for any of those residents who seek

to find alternative comparable accommodation at the expiry of the lease agreements. Should the

application be approved, the impacts should be mitigated through appropriate development

conditions requiring an affordable housing contribution, and measures to assist the residents of

the building to find alternative comparable accommodation.

Section 94F(5) of the EP&A Act allows for the imposition of conditions, other than land

dedication or monetary contributions, relating to the provision of affordable housing.

Accordingly, a condition requiring a Resident Relocation Plan is recommended to help residents

find and secure alternative accommodation. The condition is to be framed so as to prevent the

consent from operating until evidence is provided demonstrating to Council‟s satisfaction that the

requirements of the Relocation Plan are being met or residents being rehoused.

(e) The extent to which the development contributes to any cumulative loss of affordable

housing in the local government area.

The loss of three (3) low rental dwellings will compound the impact of the cumulative loss of

affordable housing in the North Sydney community that has been occurring over the last 30 years.

Council‟s Community Development Manager advises that, since 1984, Council records show at

least 2,000 affordable bed spaces have been lost in the LGA.

The 2011 Census records 86.55% of dwellings in North Sydney as unaffordable to those on low

incomes living in North Sydney. The number of persons on low incomes has dropped by 5.6% or

1,585 persons. Of those remaining, the proportion of those on low income who are suffering

housing stress was 45% in 2011 compared with 19.8% in 2006. The problem of affordable

housing has continued to increase in North Sydney.

(f) The structural soundness of the building, the extent to which the building complies

with any relevant fire safety requirements and the estimated cost of carrying out work

necessary to ensure structural soundness and compliance with fire safety

requirements.

Council‟s records contain no outstanding health and building notices or orders regarding the

property. The existing building is habitable; however, would require a whole of building upgrade

if redeveloped particularly with regard to bushfire safety.

(g) Whether the imposition of a condition requiring the payment of a monetary

contribution for the purposes of affordable housing would adequately mitigate the

reduction of affordable housing resulting from the development.



As the development will or is likely to reduce the availability of affordable housing within the

area, a condition for contributions for affordable housing, calculated in accordance with the

method set out in Section 94F of the EP&A Act, can be imposed under Clause 51 of the SEPP.

The contribution for the site is calculated as follows:-

C = L x R x 0.05

C = 8 (bedrooms lost) x $604,000* (replacement cost unit) x 0.05

C = $241,600

* Average of strata sales last four quarters published by Department of Planning and

Environment, pursuant to Clause 51(3) of the SEPP.

In accordance with the Department of Planning‟s Guidelines for the Retention of Existing

Affordable Rental Housing October 2009 (“Affordable Housing Guidelines”), a balanced

consideration of the assessment criteria is adopted. In this regard, a development assessed as

having poor outcomes under some of the criteria may nonetheless warrant approval if these are

outweighed by positive outcomes under other criteria, especially if the development can be

modified or conditions imposed to overcome or adequately mitigate the poor outcomes.

While the development will contribute to the continuing cumulative loss of affordable housing in

the North Sydney LGA, the loss of the low-rental units may be reasonably mitigated by way of a

monetary contribution, calculated to be $241,600, levied in accordance with the SEPP to

compensate for the loss of affordable bed spaces, and implementation of a resident relocation

plan to ensure residents are suitably rehoused.

On the balance of the above considerations, the development satisfies the requirements of the

Affordable Housing SEPP. In the circumstances of the case, the mitigation measures are

considered acceptable and adequate in mitigating the adverse impacts of the loss of the low rental

units.

SEPP 55 and Contaminated Land Management Issues

The subject site has been considered in light of the Contaminated Lands Management Act and it

is considered that as the site has been used for residential purposes for many years, contamination

is unlikely.

SREP (Sydney Harbour Catchment) 2005

The subject site is not within part of North Sydney that is required to be considered pursuant to

SREP (Sydney Harbour Catchment) 2005.

DEVELOPMENT CONTROL PLAN 2013

Relevant Planning Area (Palmer Neighbourhood)

The site is located in the Palmer Neighbourhood within the Cammeray Planning Area. The

Desired Future Character is "Predominately medium to high density residential development such

as attached dwellings, multi dwelling housing and residential flat buildings according to zone".

Proposed developments should provide "Substantial gardens in front setback especially facing



busy roads", and "Buildings should provide adequate separation to bushland areas".

The proposed development will contribute to the diversity and mix of uses in the neighbourhood

on the basis of the permissible uses on the site. The proposed development provides landscaping

within the front setback, and an appropriate setback to the bushland to the north.

The application has been assessed against the relevant controls in DCP 2013.

Bushland

The application was assessed by Council‟s Bushland Management Coordinator and amended

plans were submitted in response to comments made with regard to plant species and stormwater

control.

SEPP 65

The Policy applies to residential flat building developments of three or more storeys comprising 4

or more self contained dwellings. The policy is a matter for consideration in assessment of

development applications for residential flat buildings.

The policy aims to improve the design quality of residential flat development in NSW as:

1. To contribute to the sustainable development of New South Wales;

2. To achieve a better built form and aesthetic of buildings, of the streetscape and the public

spaces they define;

3. To better satisfy the needs of all members of the community including those with

disabilities;

4. To maximise amenity, safety and security of the occupants and the community;

5. To conserve the environment and to reduce greenhouse gas emissions.

Ten design principles in SEPP 65.

The policy identifies 10 principles which provide a basis for evaluation of the merit of proposed

designs of residential flat buildings and for preparation of subsequent planning policies and

design guidelines.

Principle I - Context

The site is located within an established residential precinct characterised by a relative

predominance of residential flat buildings, with detached dwellings, semi-detached dwellings and

townhouses. The existing development represents a mix of building forms and architectural

styles. The proposed development responds to the context of the site by providing a building

form that maintains an appropriate height, scale and form when viewed from the public domain.

Principle 2 – Scale

The building is of an appropriate scale and responds to the existing surrounding development

when viewed from the public domain. The upper level has been scaled back and side setbacks

increased at the recommendation of Council‟s Design Excellence Panel to provide a suitable

building form.



Principle 3 - Built Form

The proposed building will have a diminished visual impact when viewed from the public

domain as the site is located below the main carriageway of Miller Street. Further, the building is

articulated along the side elevation to reduce the apparent bulk and scale when viewed from the

adjoining properties.

Principle 4 - Density

The dwelling mix is appropriate and consistent with the DCP controls. The density of the

building is acceptable.

Principle 5 - Resource, Energy and Water Efficiency

The proposed development makes efficient use of natural resources, and the provision of a car lift

minimises the excavation associated with providing a ramped driveway. The building also

provides for the use of energy efficient building materials and achieves a compliant BASIX

score.

Principle 6 - Landscape

The proposed landscaping will complement the architectural form of the building, and contribute

to an appropriate transition with the bushland.

Principle 7 - Amenity

Amenity to the apartments is provided through appropriate room dimensions, sunlight access,

natural ventilation, visual and acoustic privacy, storage, indoor/outdoor space, efficient

layouts/service areas, outlook and access.

Principle 8 - Safety and Security

Internal and external safety and security is provided through casual surveillance of the public

domain from the main habitable rooms orientated towards Miller Street and the bushland. The

building provides a defined point of entry, and security lighting will be provided on the front

façade.

Principle 9 - Social Dimensions & Housing Affordability

There is a mix of 1, 2, and 3 bedroom apartments in the development providing housing choice

diversity to the market. Level access is provided from Miller Street, with internal lift access to all

levels of the building.

Principle 10 - Aesthetics

The design reflects current architectural design. The amended design incorporates the

recommendations of the Design Excellence Panel and the schedule of finishes is appropriate.



Clause 30(2) of the SEPP requires the consent authority to take into consideration the Residential

Flat Design Code (RFDC). The proposal satisfies the RFDC with regard to the following:

The individual apartments are serviced by private open space accessed directly from the

main living rooms.

The living rooms are located on the external face of the building.

The individual apartments are serviced by private open space orientated towards the north

and accessed directly from the main living rooms.

The habitable rooms provide internal floor to ceiling heights of 2.7 metres and the size

and dimensions of the rooms provide good internal amenity.

The internal circulation space is of adequate width, and the corridor lengths are short,

with an efficient circulation core.

Storage areas are provided for all apartments, in addition to the internal storage space

within the individual apartments.

The building has been designed to maximise the sunlight penetration and northerly

aspect.

There are no rooms relying on lightwells as a source of daylight.

Ten (91%) of the apartments will receive a minimum of 3 hours sunlight between 9 am

and 3 pm in mid-winter.

One of the apartments has a southerly aspect.

All of the apartments will be naturally cross ventilated.

The maximum apartment depth is less than 18 metres to an external opening.

The roof form reflects the contemporary architectural style of the building, and its scale

and three dimensional form.

The building services are integrated into the building and roof design and recessed behind

the external walls.

SECTION 94 CONTRIBUTIONS

A Section 94 contribution is warranted for the increase in density from 1 x 2 bedroom and 2 x 3

bedroom apartments to 7 x 1 bedroom; 3 x 2 bedroom and 1 x 3 bedroom apartments:

Administration $798.12

Child Care Facilities $1,382.67

Community Centres $3,623.83

Library Acquisition $675.93

Library Premises & Equipment $2,091.11

Multi Purpose Indoor Sports Facilities $570.91

Open Space Acquisition $22,791.40

Open Space Increased Capacity $45,176.48

Olympic Pool $1,859.75



Public Domain Improvements $1,785.80

Traffic improvements $2,191.99

The total contribution is: $82,947.99

MATERIALS

The materials are considered to be satisfactory and consistent with the surrounding area.



ALL LIKELY IMPACTS OF THE DEVELOPMENT

All likely impacts of the proposed development have been considered within the context of this

report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1. Statutory Controls Yes

2. Policy Controls Yes

3. Design in relation to existing building and Yes

natural environment

4. Landscaping/Open Space Provision Yes

5. Traffic generation and Carparking provision Yes

6. Loading and Servicing facilities NA

7. Physical relationship to and impact upon adjoining Yes

development (Views, privacy, overshadowing, etc.)

8. Site Management Issues Yes

9. All relevant S79C considerations of Yes

Environmental Planning and Assessment (Amendment) Act 1979

SUBMITTERS CONCERNS

Concern with mechanical parking system; Two nearby developments have mechanical lifts

servicing underground carparks; Parking in Cambridge Street and Miller Lane has become

impossible as residents prefer to park in streets during day than use the lifts; Would cause

precedent to adjoining sites to provide lifts to carparks

The car stacker system is considered reasonable due to the steepness of the site that drops away

from the street with half the residential levels below street level. On these sites it becomes

impractical to provide a conventional carpark requiring ramp access. Due to the small number of

spaces, waiting time would not be excessive. It is difficult to control where residents will park on

the street, however if the on street parking becomes restricted residents/owners of this property

would not receive a resident permit.

Impact on rock face and damage caused by excavation; Works could jeopardise foundation of

building

Appropriate conditions with regard to dilapidation reports, geotechnical, structural reports and

supervision are included in the recommended conditions.

CONCLUSION



The existing building enjoys existing use rights and is classified as affordable housing. The

application is referred to NSIPP due to the public interest and breach of height control.

This application has been amended and refined to address concerns raised by Council and the

Design Excellence Panel and is now considered a satisfactory form of development, subject to

conditions of consent. The application has been assessed against the relevant statutory controls

and with regard to surrounding development. The application is recommended for approval.

RECOMMENDATION

PURSUANT TO SECTION 91 OF ENVIRONMENTAL PLANNING AND ASSESSMENT

ACT 1979 (AS AMENDED)

THAT North Sydney Independent Planning Panel, as the consent authority, grant consent to

Development Application No.107/15 for the demolition of existing building and erection of a six

storey residential flat building containing 11 dwellings with mechanical parking system, and

strata subdivision, subject to the attached conditions.

Geoff Mossemenear Stephen Beattie

EXECUTIVE PLANNER MANAGER DEVELOPMENT SERVICES

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

562A MILLER STREET, CAMMERAY DEVELOPMENT APPLICATION NO. 107/15

A. Conditions that Identify Approved Plans Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and

documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.

Plan No. Issue Title Drawn by Received

DA01 B Site plan Julie Cracknell & Peter Lonergan 3 July 2015 DA02 B Level 1 Julie Cracknell & Peter Lonergan 3 July 2015 DA03 B Level 2 Julie Cracknell & Peter Lonergan 3 July 2015 DA04 B Level 3 Julie Cracknell & Peter Lonergan 3 July 2015 DA05 B Level 4 Julie Cracknell & Peter Lonergan 3 July 2015 DA06 B Level 5 Julie Cracknell & Peter Lonergan 3 July 2015 DA07 B Level 6 Julie Cracknell & Peter Lonergan 3 July 2015 DA08 B Roof Julie Cracknell & Peter Lonergan 3 July 2015 DA09 B Cross sections Julie Cracknell & Peter Lonergan 3 July 2015 DA10 B East & West elevations Julie Cracknell & Peter Lonergan 3 July 2015 DA11 B North & South

elevations Julie Cracknell & Peter Lonergan 3 July 2015

DA13 A Strata Subdivision Plan Julie Cracknell & Peter Lonergan 14 April 2015 LPDA-315/1

E Landscape Plan Conzept Landscape Architects 3 July 2015

(Reason: To ensure that the form of the development undertaken is in

accordance with the determination of Council, Public Information) Plans on Site A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority.

ATTACHMENT TO IPP04 - 05/08/15

562A MILLER STREET, CAMMERAY DEVELOPMENT APPLICATION NO. 107/15 Page 2 of 59

All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.


accordance with the determination of Council, Public Information and to ensure ongoing compliance)

External Finishes & Materials A3. External finishes and materials as shown on the submitted plans to be in accordance

with the submitted schedule, unless otherwise modified by Council in writing.

DA10 B East & West elevations Julie Cracknell & Peter Lonergan 3 July 2015 DA11 B North & South

elevations Julie Cracknell & Peter Lonergan 3 July 2015


accordance with the determination of Council, Public Information) B. Matters to be Completed before the lodgement of an Application for a Construction

Certificate Construction and Traffic Management Plan B1. Prior to issue of any Construction Certificate, a Construction and Traffic Management

Plan must be prepared. The following matters must be specifically addressed in the Plan: 1. A plan view (min 1:100 scale) of the entire site and frontage roadways

indicating:

a) Dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways,

b) RTA approved signage type and location to manage pedestrian in the vicinity, c) The Construction Zone will not be permitted on Miller Street

d) Locations and type of hoardings proposed,

(as per RMS requirement),

e) Area of site sheds and the like, f) Location of any proposed crane standing areas, g) A dedicated unloading and loading point within the site for all construction

vehicles, plant and deliveries, h) Material, plant and spoil bin storage areas within the site, where all materials

are to be dropped off and collected. i) The provision of an on-site parking area for employees, tradesperson and

construction vehicles as far as possible.



j) The residents/occupiers are to be updated on a monthly basis and at key construction stages and be provided with a phone number to contact the site manager.

2. A detailed description and route map of the proposed route for vehicles

involved in spoil removal, material delivery and machine floorage must be provided:

a) Light traffic roads and those subject to a load or height limit must be avoided

at all times. b) Once approved from North Sydney Council

, a copy of the route is to be made available to all contractors, and shall be clearly depicted at a location within the site.

3. Traffic Control Plan(s) for the site incorporating following:

a) All Traffic control measures proposed in the road reserve that are in accordance with the RMS publication “Traffic Control Worksite Manual” and designed by a person licensed to do so (minimum RMS ‘red card’ qualification).

b) The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each.

4. A Waste Management Plan must be in accordance with the provisions of Part B

Section 19 of the North Sydney DCP 2013 must be provided. The Waste Management Plan must include, but not be limited to, the estimated volume of waste and method of disposal for the construction and operation phases of the development, design of on-site waste storage and recycling area and administrative arrangements for waste and recycling management during the construction process.

5. Evidence of RMS concurrence where construction access is provided directly or

within 20 m of an Arterial and/or Classified Road; 6. A schedule of site inductions to be held on regular occasions and as determined

necessary to ensure all new employees are aware of the construction management obligations. These must specify that construction-related vehicles to comply with the approved requirements; and

7. For those construction personnel that drive to the site, the Site Manager shall

attempt to provide on-site parking so that their personnel’s vehicles do not impact on the current parking demand in the area.



A suitably qualified and experienced traffic engineer or consultant shall prepare the Construction and Traffic Management Plan. The construction management measures contained in the approved plan must be implemented in accordance with the plan prior to the commencement of, and during, works on-site. As the plan has a direct impact on the local road network and public amenity, the plan must be submitted to and reviewed by Council prior to the issue of any Construction Certificate. A certificate of compliance with this condition from Council’s Development Engineers as to the result of this review must be obtained and must be submitted as part of the supporting documentation lodged with the Certifying Authority for approval of the application for a Construction Certificate. A copy of the approved Construction and Traffic Management Plan must be kept on the site at all times and be made available to any officer of the Council on request.

Notes:

1) North Sydney Council’s adopted fee for certification of compliance with this

condition shall be payable on lodgment, or in any event, prior to the issue of the relevant approval.

2) Any use of Council property will require appropriate approvals and demonstration of liability insurances prior to such work commencing.

3) Failure to provide complete and detailed information may result in delays. It is recommended that your Construction Management Plan be lodged with Council as early as possible.

4) Dependent on the circumstances of the site, Council may request additional information to that detailed above.

(Reason: To ensure appropriate measures have been considered for site access,

storage and the operation of the site during all phases of the demolition and construction process in a manner that respects adjoining owner’s property rights and residential amenity in the locality, without unreasonable inconvenience to the community)

Resident Relocation Plan B2. A written report is to be provided to Council’s Community Development Manager

establishing that:-

(a) there will be no adverse effect on the security of employment of tenants/ residents as a result of displacement/relocation; (b) none of the tenants/residents are in need of medical/health services support that would be jeopardised by the proposed displacement/ relocation; (c) the tenants/residents will not be at risk of homelessness as a result of the development and are capable of finding suitable alternative accommodation; (d) the tenants/residents will not be evicted until suitable accommodation is secured; (e) adequate notice has been / will be given to tenants/residents;



(f) all tenants/residents have been or will be suitably re-housed prior to any work commencing. The report is to include details as to how the above information was gathered, whether through survey, telephone or otherwise, and the dates of data collection. Written concurrence from North Sydney Council will be required to demonstrate satisfactory compliance with the condition, with this to be supplied to the Certifying Authority. The preparation of the Resident Relocation Plan is to be at no cost to Council. The applicant shall bear the costs associated with the engagement/employment of any consultant and/or social worker, and any financial/monetary assistance to residents provided under the Plan, at no cost to Council. Note: A profile of tenants’/residents’ needs in advance of the termination date is recommended. Every effort should be made to mitigate the disruption and allow tenants/residents the opportunity to secure replacement accommodation as close to the original as possible.

(Reason: To ensure orderly, timely and effective relocation of residents to

alternative and suitable accommodation) C. Prior to the Issue of a Construction Certificate (and ongoing, where indicated). Staged Construction C1. The works may be carried out in stages with the relevant conditions being satisfied

prior to the issue of a construction certificate for each stage as follows:

Stage Conditions to be satisfied Prior to demolition of existing building, and below ground structure CC

B1, B2, C2, C3, C4, C5, C6, C7, C8, C18, C21, C22, C23, C29, C38, C39, L7, L8

Prior to building construction CC The remainder of C and L conditions

(Reason: To allow Staged construction)



Dilapidation Report Damage to Public Infrastructure

C2. A dilapidation survey and report (including photographic record) must be prepared by

a suitably qualified consultant which details the pre-developed condition of the existing public infrastructure in the vicinity of the development site. Particular attention must be paid to accurately recording any pre-developed damaged areas so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The developer may be held liable for all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated as pre-existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public infrastructure damaged as a result of the carrying out of the development, and no occupation of the development shall occur until damage caused as a result of the carrying out of the development is rectified. A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the

commencement of construction) Dilapidation Report Private Property (Excavation) C3. A full dilapidation survey and report on the visible and structural condition of all

neighbouring structures within the ‘zone of influence’ of the required excavations must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The zone of influence is to be defined as the horizontal distance from the edge of the excavation face to twice the excavation depth.

The dilapidation report and survey is to be prepared by a consulting structural/geotechnical engineer agreed to by both the applicant and the owner of any affected adjoining property.

All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.

In the event that access for undertaking the dilapidation survey is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.



Note: This documentation is for record keeping purposes only, and may be used by the developer or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.

(Reason: To record the condition of property/ies prior to the commencement of

construction) Dilapidation Survey Private Property (Neighbouring Buildings) C4. A photographic survey and dilapidation report of adjoining properties No’s.

2A Cambridge Street and 562 Miller Street, detailing the physical condition of those properties, both internally and externally, including, but not limited to, such items as walls, ceilings, roof, structural members and other similar items, SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate.

All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.

In the event that access for undertaking the photographic survey and dilapidation report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.

Note: This documentation is for record keeping purposes only, and may be used by

an applicant or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.

(Reason: Proper management of records)



Structural Adequacy of Adjoining Properties – Excavation Works C5. A report prepared by an appropriately qualified and practising structural engineer

detailing the structural adequacy of adjoining properties and Council infrastructure within the properties, which certifies their ability to withstand the proposed excavation and outlines any measures required to be implemented to ensure that no damage will occur to adjoining properties during the course of the works, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The measures outlined in the certified report must be complied with at all times.

(Reason: To ensure the protection and structural integrity of adjoining properties

in close proximity during excavation works) Shoring for Adjoining Property C6. Where any shoring for excavation is to be located on or is supporting Council’s

property, or any adjoining private property, engineering drawings certified as being adequate for their intended purpose by an appropriately qualified and practising structural engineer, showing all details, including the extent of excavation, encroachment and the method of removal and de-stressing of shoring elements, backfilling and compacting of over-excavated cavities on Council’s and/or private property with fill suitable for its purpose, must be first submitted to the Council with “ Temporary Tieback Anchors and Associated Works Application”. The temporary tieback anchors shall be at a minimum depth of 1.5 m below the surface levels of the footpath and roadway.

A certificate of compliance with this condition from Council’s Development Engineers as to the result of this review must be obtained. Approved “Temporary Tieback Anchors and Associated Works Application” must be submitted to the Certifying Authority for approval with Construction Certificate. A copy of this documentation must be provided to the Council for record purposes. Backfilling and compacting of over-excavated cavities must be addressed as the build up is progressing through the basements to ensure that compaction is reliable.

Note: Approval of engineering drawings for shoring works to be located on adjoining property by the Certifying Authority does not authorize a trespass on private or public land. All relevant permissions/ legal rights must be obtained to undertake any works on adjoining land.

(Reason: To ensure the protection of existing public infrastructure and adjoining

properties)



Geotechnical Report C7. Prior to issue of the Construction Certificate a Geotechnical/Civil Engineering report

must be prepared which addresses at a minimum (but is not limited to) the following:

a) The type and extent of substrata formations by the provision of a minimum of four (4) representative bore hole logs which are to provide a full description of all material from ground surface to 1.0 m below the finished basement floor level and include the location and description of any anomalies encountered in the profile. The surface and depth of the bore hole logs shall be related to Australian Height Datum;

b) The appropriate means of excavation/shoring in light of point (a) above and

proximity to adjacent property and structures. Potential vibration caused by method of excavation and potential settlements affecting nearby footings/foundations shall be discussed and ameliorated;

c) The proposed method to temporarily and permanently support the excavation

for the basement adjacent to adjoining property, structures and road reserve if nearby (full support to be provided within the subject site);

d) The existing groundwater levels in relation to the basement structure, where

influenced; e) The drawdown effects on adjacent properties (including road reserve), if any,

the basement excavation will have on groundwater together with the appropriate construction methods to be utilized in controlling groundwater. Where it is considered there is the potential for the development to create a “dam” for natural groundwater flows, a groundwater drainage system must be designed to transfer groundwater through or under the proposed development without a change in the range of the natural groundwater level fluctuations. Where an impediment to the natural flow path is constructed, artificial drains such as perimeter drains and through drainage may be utilized; and

f) Recommendations to allow the satisfactory implementation of the works. An

implementation program is to be prepared along with a suitable monitoring program (as required) including control levels for vibration, shoring support, ground level and groundwater level movements during construction. The implementation program is to nominate suitable hold points at the various stages of the works for verification of the design intent before sign-off and before proceeding with subsequent stages.



The geotechnical report must be prepared by a consulting geotechnical/ hydrogeological engineer with previous experience in such investigations and reporting. It is the responsibility of the engaged geotechnical specialist to undertake the appropriate investigations, reporting and specialist recommendations to ensure a reasonable level of protection to adjacent property and structures both during and after construction. The report shall contain site-specific geotechnical recommendations and shall specify the necessary hold/inspection points by relevant professionals as appropriate. The design principles for the geotechnical report are as follows:

a) No ground settlement or movement is to be induced which is sufficient enough

to cause an adverse impact to adjoining property and/or infrastructure; b) No changes to the ground water level are to occur as a result of the

development that are sufficient enough to cause an adverse impact to the surrounding property and infrastructure;

c) No changes to the ground water level are to occur during the construction of

the development that are sufficient enough to cause an adverse impact to the surrounding property and infrastructure;

d) Vibration is to be minimized or eliminated to ensure no adverse impact on the

surrounding property and infrastructure occurs, as a result of the construction of the development;

e) Appropriate support and retention systems are to be recommended and suitable

designs prepared to allow the proposed development to comply with these Design Principles; and

f) An adverse impact can be assumed to be crack damage as identified within the

relevant Australian Standard for determining such damage. The report, satisfying the requirements of this condition, must be provided as part of the supporting documentation lodged with the Certifying Authority for approval of the Construction Certificate application. The professional recommendations of the report shall be implemented in full during the relevant stages of excavation and construction.

(Reason: To ensure the structural integrity of the subject site and adjoining sites

during the excavation process) Geotechnical Certificate C8. A certificate prepared by an appropriately qualified Geotechnical Engineer certifying

that the existing rock formations and substrate on the site is capable of: a) Withstanding the proposed loads to be imposed;



b) Withstanding the extent of the proposed excavation, including any recommendations for shoring works that may be required to ensure the stability of the excavation;

c) Providing protection and support of adjoining properties; and d) The provision of appropriate subsoil drainage during and upon completion of

construction works. The Certifying Authority must ensure that the building plans and

specifications submitted by the Applicant referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the structural integrity of the subject site and adjoining sites

during the excavation process) Sediment Control C9. Where construction or excavation activity requires the disturbance of the soil surface

or existing vegetation, erosion and sediment control techniques, as a minimum, are to be in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004) commonly referred to as the “Blue Book” or a suitable and effective alternative method. A Sediment Control Plan must be prepared and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate and prior to any works commencing. The Sediment Control Plan must be consistent with the Blue Book and disclose:

a) All details of drainage to protect and drain the site during the construction

processes; b) All sediment control devices, barriers and the like; c) Sedimentation tanks, ponds or the like; d) Covering materials and methods; and e) A schedule and programme of the sequence of the sediment and erosion

control works or devices to be installed and maintained. f) Methods for the temporary and controlled disposal of stormwater during

construction.

All works must be undertaken in accordance with the approved Sediment Control plan.



The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites) Waste Management Plan C10. A Waste Management Plan is to be submitted for approval by the Certifying Authority

prior to the issue of any Construction Certificate. The plan must include, but not be limited to:

• The estimated volume of waste and method of disposal for the construction

and operation phases of the development; • The design of the on-site waste storage and recycling area; and • Administrative arrangements for waste and recycling management during the

construction process.

The approved Waste Management Plan must be complied with at all times in the carrying out of the development. (Reason: To encourage the minimisation of waste and recycling of building

waste) No External Service Ducts C11. Service ducts must be provided within the building to keep external walls free of

plumbing, drainage or any other utility installations. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure quality built form of the development)

Basement Car park to comply with relevant standards

C12. The basement layout must comply with all requirements of Australian Standard

AS2890.1. Certification from a suitably qualified and practicing Civil Engineer that the basement design will comply with the requirements of the Australian Standard must be provided to the Certifying Authority for approval prior to issue of any Construction Certificate.

(Reason: To ensure the basement layout complies with relevant standards)



Required Infrastructure Works –Roads Act 1993 C13. Prior to issue of the Construction Certificate the applicant must have engineering

design plans and specifications prepared by a qualified civil design engineer. The plans and specifications must be to a detail suitable for construction issue purposes and must provide detail and specification for the following infrastructure works to be completed as part of the development:

a) All elements of the works within the road reserve must be constructed in accordance with Council’s current documents:

Road Works

• Infrastructure Specification, • Public Domain Style Manual and Design Codes • Vehicular Access Application Guidelines and Specification Proposed works on Miller Street must be constructed in accordance with Roads and Maritime requirements.

b) Construction of a fully new replacement concrete footpath is required across the entire site frontage in Miller Street. A longitudinal section is required along the footpath property boundary at a scale of 1:50, extending 5.0 m past the property boundary line. The footpath shall be designed (at a single straight grade of 3% falling to top of kerb) so that it is uniform without showing signs of dipping or rising particularly at entrances.

c) Road, layback, kerb and gutter reconstruction are to be in accordance with

approval from RMS. d) The proposed vehicular crossing in front of car shelf system, (access to

underground parking) must be constructed in accordance with AS/NZS 2890.1.2004. and Council’s infrastructure specification. Detail design of new driveway crossing must be submitted with “Vehicular Access Application” including required approval from RMS, prior to the issue of any Construction Certificate.

e) Cross sections at a scale of 1:50 along the centre-line of each access point to

the building must be provided and are to show the calculated clearance to the underside of any overhead structure. All the entry points are to comply with the Building Code of Australia (BCA), particularly disability requirements. The Council approved footpath levels must be accommodated at the building entry points.



Drainage Works

Connection of the site stormwater drainage system must be made directly to reconstructed grated gully pit in front of the site on Miller Street. Detail design plans and hydraulic calculations of any changes to the storm water drainage system are to be submitted to RMS for approval, prior to the commencement of any works. To accommodate this requirement, the following drainage infrastructure works must be carried out on Council property at the Applicants expense:-

a) Construction of a pipe that must connect new control pit (located within the

site) to the reconstructed gully pit with lintel fronting the subject site in Miller Street. Reconstruction of the existing gully pit is required, with extended kerb inlet (1.8 m lintel) in front of proposed development on Miller Street (lower access road). The require storm water works must be constructed in accordance with Councils “Infrastructure Specification for Roadwork, Drainage and Miscellaneous Works” and RMS specification.

b) The developer is to be responsible for carrying out any service investigations

to allow a gravity connection.

As many of Ausgrid's electricity cables are located within roadways and the public road reserve area, applicant’s assistance would be appreciated by informing Ausgrid of any proposed work where the Dial Before you Dig enquiry indicates electricity cables in the area. Any advice or concern can be emailed to [email protected] and a Planner will be assigned to assist applicant. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. Certifying Authorities must not issue a Construction Certificate without the formal written approval of Council and RMS (as Roads Authority) under the Roads Act 1993.

The required plans and specifications are to be designed in accordance with North Sydney Council’s current documents Infrastructure Specification for Road Works, Drainage and Miscellaneous Works, Performance Guide for Engineering Design and Construction and RMS Specification. The drawings must detail existing utility services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Detailed survey must be undertaken as required. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB 81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998). Construction of the works must proceed only in accordance with any conditions attached to the Council Roads Act 1993 approval.



Note: A minimum of 21 days will be required for Council to assess Roads Act submissions. Early submission is recommended to avoid any delays in obtaining a Construction Certificate. A fee to cover cost of assessment (set out in Council’s adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. Plans and specifications must be marked to the attention of Council’s Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number.

(Reason: To ensure infrastructure works are designed and constructed to

appropriate standards and requirements of the Roads Act 1993) Driveway Crossing and associated works permit C14. Prior to the issue of the Construction Certificate, North Sydney Council must issue the

applicant with a driveway crossing and road infrastructure works permit to suit the approved off-street parking facilities. To obtain the permit, an application must be made to Council on a ‘Vehicular Access Application’ form with payment of the adopted assessment/inspection fees. Council will require civil design construction drawings and certification from the applicant’s Civil Engineer to verify design details and enable permit issue. The civil design drawings shall detail the following infrastructure construction requirements of Council in relation to the consent:

a) The proposed vehicular access ways must comply with AS 2890.1 and

Council’s current Vehicular Access Application Guidelines and Specification (gutter bridges not permitted) to ensure that a B85 vehicle will not scrape/strike the surface of the carriageway, layback, vehicular crossing or parking floor.

b) The redundant layback crossing in the northeast section of the site on Miller Street must be reinstated as upright kerb and gutter as per RMS approval and concrete footpath as per Council’s Infrastructure Specification.

c) The reconstruction of existing layback, and road shoulder must be in accordance with RMS approval.

d) The driveway crossing from new layback to proposed car shelf system must be designed in accordance with AS/NZS 2890.1.2004.

e) The crossing (between new layback and the property boundary) must be placed perpendicularly to the street kerb and from footpath alignment to the property boundary must be designed to accommodate an 85th percentile vehicle maneuver as per swept path analysis.

f) The crossing in an area of footpath must be designed on a single straight grade of approximately 4.5% falling to new layback.

g) The road reserve must be constructed in accordance with Council’s current documents:

• Infrastructure Specification • Public Domain Style Manual and Design Codes



• Vehicular Access Application Guidelines and Specification • RMS requirements (obtained from Roads and Maritime Manager Developer

Works)

h) Tree root barrier to be added along the back of all new kerb, where an existing tree is present.

i) Alignment levels at the boundary have an important impact on the proposed levels for new driveway. No work on internal parking area should start until first obtaining boundary alignment levels from Council

j) The Certifying Authority must ensure that the internal property levels at boundary matches councils boundary levels.

(after inspection of formwork for new driveway). Council has the authority to remove any unauthorized works at the cost of the developer.

k) The boundary footpath levels must match the existing levels and shall not be altered unless agreed to by Council.

l) The footpath and grass verge on Miller Street must be reconstructed and is to be transitioned for at least 1.0m on the right hand side boundary to ensure uniformity in the footpath.

m) Any twisting of driveway access to ensure vehicles do not scrape must occur entirely within the subject property.

n) All inspection openings, utility services must be adjusted to match the proposed driveway levels and location.

o) The design detail has to be provided with vehicular access application and must include sections along centre-line and extremities of the crossing at a scale of 1:25. Sections are to be taken from the centre of the roadway through to the parking area itself and shall include all changes of grade and levels, both existing and proposed.

p) A longitudinal section along the footpath property boundary at a scale of 1:50 is required, including FFL levels along the center-line of each access point to the building must be provided.

q) The sections shall show the calculated clearance to the underside of any overhead structure.

All driveway and infrastructure works on the road reserve must proceed in accordance with the terms of the permit issued by Council and RMS. Inspections by Council will be required as specified on the permit. The Certifying Authority issuing the Construction Certificate must ensure that the permit (‘Vehicular Access Application’) issued by Council is obtained prior to its issue, is referenced on and accompanies the Construction Certificate issued.

(Reason: To facilitate appropriate vehicular access to private sites, without

disruption to pedestrian and vehicular traffic)



Stormwater Management and Disposal Design Plan / Construction issue detail C15. Prior to issue of the Construction Certificate, the applicant shall have a site drainage

management plan prepared by a qualified hydraulic design engineer. The site drainage management plan must detail the following requirements of North Sydney Council: a) Compliance with BCA drainage requirements, Councils Engineering Performance

guide and current Australian Standards and guidelines, such as AS/NZ 3500.3.2003, National Plumbing and Drainage Code.

b) Stormwater runoff and subsoil drainage generated by the approved development must be conveyed in a controlled manner by gravity via a direct connection to reconstructed gully pit in Miller Street (lower access road). When a direct connection to the pit option is implemented then the pipeline within the footpath area must have a minimum cover of 300 mm.

c) The applicant shall engage a specialist Hydraulics Engineer to carry out an evaluation of existing stormwater drainage system in Miller Street and the effect of the proposed development on this system. The results of this evaluation must be submitted with all other drainage details including approval from RMS to Council (Application form: “To Satisfy DA Consent Condition”) prior to issue of any Construction Certificate by the Certifying Authority.

d) The stormwater drainage system shall be designed for an average recurrence interval (A.R.I.) of 1 in 20 years.

e) All redundant stormwater pipelines within the footpath area shall be removed and the footpath and kerb reinstated.

f) Pipelines within the area of new driveway crossing must be hot dipped galvanised steel (rectangular)

g) Provision is to be made for the collection and disposal in an approved manner of any overland flow entering the subject property, or concentrated as a result of the proposed works.

hollow section with a minimum wall thickness of 4.0 millimetres and a section height of 100 millimetres.

h) Surface inlet pits must be located to catch surface flows, and must be provided at all pipe junctions, changes in pipe direction exceeding 45 degrees and at the site boundary (within the property) prior to connection to the public drainage system and must be of sufficient size to accept the flow.

i) All sub-soil seepage drainage shall be discharged via a suitable silt arrestor pit. Sign must be installed adjacent to pit stating “This sediment /silt arrestor pit shall be regularly inspected and cleaned

j) The design and installation of the rainwater reuse system (rainwater tank) must comply with DCP 2013 requirements. Overflow from the rainwater reuse devise must be conveyed in a controlled manner by gravity to the stormwater disposal system. Rainwater Tank must be plumbed to appropriate end uses (toilet flushing, laundry, water features, car washing and garden irrigation) to ensure sufficient use of tank water so that capacity exists to accommodate rain water from storm events.

”. Details of all plans certified as being adequate for their intended purpose and complaint with the provisions of AS 3500.3.2 by an appropriately qualified and practising civil engineer shall be submitted with the application for a Construction Certificate.



k) Prevent any stormwater egress into adjacent properties by creating physical barriers and surface drainage interception.

l) The use of the On Site Detention for storm water disposal must be design in accordance with the following criteria: • The OSD system must consist of two pumps, connected in parallel, with each

pump being capable of emptying the holding tank at a rate equal to the rate of inflow which would occur during a 1 in 5 year storm of the one-hour duration.

• The OSD system shall be regularly maintained and serviced. • The creation of a Positive Covenant (under the provision of the Conveyance

Act) on the property title to ensure the maintenance of OSD on the property being developed. Prior to occupation certificate

m) Provide subsoil drainage to all necessary areas with pump out facilities as required.

details are to be submitted to Council for approval before registration with the Land Titles Office.

n) The use of the pump-out system for stormwater disposal will be permitted for drainage of the level 1 (equal to lower basement level) areas only and will require creation of a Positive Covenant.

o) The foundations for building structures and walls adjacent to the drainage easement are to be constructed in such a manner that does not affect stormwater drainage lines.

Details demonstrating compliance are to be submitted with all other drainage details (including approval from RMS) to Council prior to issue of any Construction Certificate. The Certifying Authority issuing the Construction Certificate must ensure that the approved drainage plan and specifications, satisfying the requirements of this condition, is referenced on and accompanies the Construction Certificate.

(Reason: To ensure controlled stormwater management and disposal without

nuisance)

On-Site Stormwater Detention C16. On site detention must be provided to ensure that the maximum discharge of

stormwater collected from the pre-developed site, which would occur during a 1 in 5 year storm of 1-hour duration for the existing site conditions, is not exceeded. All other stormwater run-off from the site for all storms up to a 1 in 100 year storm event is to be retained on the site for gradual release

to the pit with two submersible pumps and from there to the piped drainage system. Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

The OSD system shall be regularly maintained and serviced.



For small areas up to 0.5 hectares (50m x 50m), determination of the require cumulative storage may be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Runoff Volume 1, 1987 Edition. The creation of a Positive Covenant (under the provision of the Conveyance Act) on the property title to ensure the maintenance of OSD on the property being developed. Prior to occupation certificate

details are to be submitted to Council for approval before registration with the Land Titles Office.

Engineering calculations, design and certification complying with this condition must be provided by an appropriately qualified and practicing Civil Engineer and submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate.

(Reason: To ensure appropriate provision is made for the disposal and

management of stormwater generated by the development, and to ensure that public infrastructure in Council’s care and control is not overloaded)

Pump-Out System Design for Stormwater Disposal C17. The design of the pump-out system for stormwater disposal will be permitted for

drainage of level 1 ( equal to lower basement level) areas only, and must be designed in accordance with the following criteria:

a) The pump system must consist of two pumps, connected in parallel, with each

pump being capable of emptying the holding tank at the rate equal to the rate of inflow for the one-hour duration storm. The holding tank shall be capable of holding one hour’s runoff from a one-hour duration storm of the 1 in 20 year storm;

b) The pump system shall be regularly maintained and serviced, every six (6)

months; c) The creation of a Positive Covenant (under the provision of the Convincing

Act) on the property title to ensure the maintenance of the Pump System on the property being developed. Prior to Occupation Certificate, details are to be submitted to Council for approval before registration with the Land Titles Office.

Engineering details demonstrating compliance with these criteria, and certified by an appropriately qualified and practicing civil engineer must be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate.

(Reason: To ensure adequate provision is made for the discharge of sub-surface

stormwater from the excavated parts of the site)



Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement

C18. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $26,000.00 to be held by Council for the payment of cost for any/all of the following: a. making good any damage caused to any property of the Council as a consequence

of the doing of anything to which this consent relates, b. completing any public work (such as road work, kerbing and guttering, footway

construction, stormwater drainage and environmental controls) required in connection with this consent

c. remedying any defects in any such public work that arise within 6 months after

the work is completed. The security in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers.

Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - • where the damage constitutes a hazard in which case Council may make use of

the security immediately; • the applicant has not repaired or commenced repairing damage within 48 hours

of the issue by Council in writing of instructions to undertake such repairs or works;

• works in the public road associated with the development are to an unacceptable quality; and

• the Certifying Authority must ensure that security bond is provided to North Sydney Council prior to issue of any Construction Certificate.

(Reason: To ensure appropriate security for works on public land and an

appropriate quality for new public infrastructure) Work Zone C19. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be issued by the Council prior to the issue of any Construction Certificate.


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Work Zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Works Zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site. If the Works Zone is approved by the Committee, the Applicant must obtain a written copy of the related resolution from the North Sydney Local Traffic Committee and submit a copy of this to the Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘Work Zone’ is given by the Committee, the requirements of the Committee, including installation of the necessary ‘Work Zone’ signage and payment of any fees, must occur prior to commencement of any works on the site. Further, at the expiration of the Work Zone approval, the developer is required to remove the Work Zone signs and reinstate any previous signs, all at the developer's cost. The requirements imposed by the Committee on the Work Zone permit (or permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)

Maintain Property Boundary Alignment Levels C20. Except where otherwise approved by Council, the property boundary alignment levels

must match the levels which existed prior to the commencement of works. Plans and specifications which document existing and proposed levels adjacent to the site boundaries and which comply with the requirements of this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure interface between property and public land remains uniform)

Garden Bed Bond C44 C21. Prior to the issue of any construction certificate, security in the sum of $5,000.00 must

be provided to Council for the protection of the Council Garden Bed adjacent to the western boundary. The security is to be provided in accordance with the Schedule below. The security must be provided by way of:

• a deposit with the Council; or • a guarantee satisfactory to Council (such as a bank guarantee with no expiry

date).



The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but only upon inspection and release by Council's Landscape Development Officer.

If any tree or shrub in the Garden Bed is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work. (Reason: Protection of existing environment public infrastructure, community

assets) Tree Protection Measures to be shown on Construction Drawings C45 C22. The tree protection measures contained in the Arborists Arboricultural Impact

Statement prepared by Urban Forestry Australia, dated March 2015, and received by Council on 14 April 2015, shall be shown clearly on the Construction Certificate drawings. Plans and specifications showing the said tree protection measures must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure the construction plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that appropriate tree protection measures are shown on

construction drawings) Protection of Trees C46 C23. The following tree(s) are required to be protected and retained as part of the

development consent in accordance with AS 4970-2009 – Protection of trees on development sites:

Tree Location Height (m) All trees shown retained and protected on the approved landscape plan

562a Miller Street and the property adjoining the western boundary of the subject property.

Var.6 – 25 metres.

Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate fully satisfy the requirements of this condition.



Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) must be protected and retained in accordance with this condition.

(Reason: Protection of existing environmental and community assets) Approval for removal of Trees C47 C24. The following tree(s) are approved for removal in accordance with the development

consent:

Tree Location Height (m) All trees shown as removed on the approved Landscape Plan

Various locations within the property Various 5-12 metres

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Tree Preservation Order. Any tree(s) shown as being retained on the approved plans (regardless of whether they are listed in the above schedule or not) must be protected and retained in accordance with this condition.

(Reason: Protection of existing environmental and community assets) Pruning of Trees C48 C25. All pruning works shall to the following tree shall be undertaken in accordance with

the proposed pruning programme contained within the Arborists Arboricultural Impact Statement referred to in this consent. Under the supervision of the Arborist who wrote the Arboricultural Impact Statement in accordance with Australian Standard AS 4373-2007 - Pruning of Amenity Trees:

Tree Location Height (m) Eucalyptus pililaris

Growing on the adjoining property and as described in the Arborist Arboricultural Impact Statement referred to Condition C45 of this consent

25 metres

(Reason: To ensure the protection and longevity of existing significant trees)

Garbage and Recycling Facilities C26. An appropriate area must be provided within the premises for the storage of garbage

bins and recycling containers and all waste and recyclable material generated by this premises. The following requirements must be met:



a) all internal walls of the storage area must be rendered to a smooth surface, coved at the floor/wall intersection, graded and appropriately drained with a tap in close proximity to facilitate cleaning;

b) provision for the separation and storage in appropriate categories of material

suitable for recycling;

c) the storage area must be adequately screened from the street, with the entrance to the enclosures no more than 2m from the street boundary of the property;

d) if a storage facility is to be provided at another suitable location within the

building, a complementary garbage bin holding bay must be provided no more than 2m from the street boundary of the property;

e) garbage enclosures serving residential units are not to be located within areas

designated for non-residential uses; and

f) garbage enclosures serving non-residential uses are not to be located within areas designated for dining purposes.

Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. Note: The applicant may wish to discuss bin storage requirements and location with

Council’s Environmental Services prior to finalisation of the required detail, and a copy of Council’s Waste Handling Guide should be obtained for reference purposes before the design is finalised.

(Reason: To ensure the provision of appropriate waste facilities for residents and

protect community health, and to ensure efficient collection of waste by collection contractors)

Asbestos Material Survey C27. A report must be prepared by a suitably qualified person in relation to the existing

building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:



a) the removal of asbestos must be undertaken by a WorkCover licensed contractor;

b) all removal must be in strict accordance with the requirements of the WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and

d) Waste disposal receipts must be provided to the Certifying Authority as proof of correct disposal of asbestos laden waste.

The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the

building is not put at risk unnecessarily) Noise from Plant and Equipment C28. The use of all plant and equipment installed on the premises must not:

(a) Contribute an LAeq(15min) which will cause the total LAeq(15min) from all plant and equipment operating contemporaneously on the site or in the strata scheme or in the mixed strata schemes to exceed the RBL by more than 5dB when measured at the boundary of any affected receiver . The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.

(b) Cause “offensive noise” as defined in the Protection of the Environment Operations Act 1997.

“affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship, commercial premises and parks and such other affected receiver as may be notified by the Council in writing. “boundary” includes any window or elevated window of an affected receiver. Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain an appropriate level of amenity for adjoining land uses)



Vibration from Plant and Equipment C29. The use of all plant and equipment to be installed on the premises must comply with

the vibration limits specified in “Assessing Vibration: a technical guideline” issued by the NSW Environment Protection Authority, at the boundary of any affected receiver. A certificate from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants must be submitted to the Certifying Authority, certifying that all plant and equipment on the site, together with the proposed plant and equipment, operating contemporaneously will comply with the requirements of this condition. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. “affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship and commercial premises and such other affected receiver as may be notified by the Council in writing. “boundary” includes any window or elevated window of an affected residence. “contemporaneously” means existing at or occurring in the same period of time (Macquarie Dictionary 3rd rev. ed. 2004).

(Reason: To maintain an appropriate level of amenity for adjoining land uses)

Air Conditioners in Residential Premises C30. The use of any air conditioner installed on the premises must comply with the

requirements of the Protection of the Environment Operations (Noise Control) Regulations 2008 and State Environmental Planning Policy (Infrastructure) 2007 and must not:

(a) emit a noise that is audible within a habitable room in any affected residence (regardless of whether any door or window to that room is open);

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or Public Holiday; or

(ii) before 7.00am or after 10.00pm on any other day

(a) cause an LAeq(15min) which exceeds the RBL background noise level by more than 5dB when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy will be applied.



“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.

“boundary” includes any window or elevated window of an affected residence.

Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain residential amenity)

Acoustic Privacy (Residential Apartments) C31. Noise levels in sole occupancy units of residential apartments must not exceed the

following:

Location Maximum Habitable Rooms other than Sleeping Areas 40 LAeq (1hr) Sleeping Areas 35 LAeq (1hr)

The “Maximum” limits are to apply in any hour of a 24 hour period with the windows of the sole occupancy unit closed.

“habitable room” has the same meaning as in the Building Code of Australia

A floor separating sole occupancy units shall have a weighted standardised impact sound pressure level L’nT,w not more than 55dB when measured in-situ in accordance with AS ISO 140.7-2006 “Field measurements of impact sound insulation of floors" and rated to AS ISO 717.2-2004 “Rating of sound insulation in buildings and of building elements. Part 2: Impact sound insulation”. This clause shall not apply to the floor of a kitchen, bathroom, toilet or laundry in a residential sole occupancy unit. Mechanical equipment such as lift plant, air conditioning plant servicing the building and pumps shall not be located immediately adjacent bedrooms. A statement from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, certifying that the acoustic mitigation measures outlined above have been satisfied, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. (Reason: To comply with best practice standards for residential acoustic

amenity)



Noise and Vibration from Major Roads and Rail Corridors (A) C32. To minimise the impact of noise from the adjoining major road or rail corridor, the

building shall be acoustically designed and constructed to comply with the requirements of the State Environmental Planning Policy (Infrastructure) 2007 and State Environmental Planning Policy (Infrastructure) Amendment (Schools and TAFE Establishments) 2008.

To minimise the impact of vibration from any adjoining rail corridor, the building shall be acoustically designed and constructed to comply with the requirements of “Assessing Vibration: a technical guideline” issued by the NSW Environment Protection Authority. (Reason: To comply with State regulations and to ensure a suitable level of

amenity not affected by excessive noise and vibration from surrounding activities)

Noise and Vibration Compliance Certification Prior to Issue of Construction Certificate C33. A certificate from an appropriately qualified acoustical consultant eligible for

membership of the Association of Australian Acoustic Consultants, certifying that suitable measures have been incorporated into the development and that the noise criteria contained in the conditions herein have been satisfied, must be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate.

The Principal Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To maintain an appropriate level of amenity for adjoining land uses)

Mechanical Exhaust Ventilation C34. A statement from an appropriately qualified and practising Mechanical Engineer is

required detailing how the exhaust ventilation system will be installed in accordance with AS1668. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure compliance with acceptable standards for the construction

and operation of mechanical plant) Construction Noise Management Plan C35. A Construction Noise Management Plan must be prepared by an appropriately

qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, and must include the following:



(a) Identification of noise affected receivers near to the site. (b) A prediction as to the level of noise impact at noise affected receivers from the

use and proposed number of high noise intrusive appliances intended to be operated onsite.

(c) Details of work schedules for all construction phases; (d) A statement should also be submitted outlining whether or not predicted noise

levels will comply with the noise criteria stated within the Environment Protection Authority’s Interim Construction Noise Guideline (“ICNG”).

(e) Representative background noise levels should be submitted in accordance

with the ICNG. (f) Confirmation of the level of community consultation that is to be undertaken

by occupants at noise affected receivers likely to be most affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases.

(g) Confirmation of noise monitoring methodology that is to be undertaken during

the noise intensive stages of work including details of monitoring to be undertaken at the boundary of any noise affected receiver.

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

concerning offensive noise. (i) Details of any noise mitigation measures that have been outlined by an

acoustic consultant or otherwise that will be deployed on site to reduce noise impacts on the occupants at noise affected receivers.

(j) Details of selection criteria for any plant or equipment that is to be used on

site, the level of sound mitigation measures to be undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on occupants at noise affected receivers and other less intrusive technologies available; and

(k) Details of site induction to be carried out for all employees and contractors

undertaking work at the site.

“affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship, commercial premises and parks and such other affected receiver as may be notified by the Council in writing.

“boundary” includes any window or elevated window of an affected residence.



The Construction Noise Management Plan and must be submitted to the Principle Certifying Authority and a copy provided to Council prior to the issue of the Construction Certificate.

(Reason: To ensure noise generating activities are appropriately managed and

nearby sensitive receivers protected) Underground Electricity and Other Services C36. All electricity and telecommunication provision to the site is to be designed in

conjunction with Energy Australia and any other relevant authority so that it can be easily connected underground when the street supply is relocated underground. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To provide infrastructure that facilitates the future improvement of the

streetscape by relocation of overhead lines below ground) Adaptable Housing C37. Proposed apartments 7 and 9 are to be designed with accessible features for disabled

persons, and must incorporate level entries and wider doorways and corridors, slip resistant surfaces, reachable power points, disabled toilet, and lever door handles and taps. These features are to be designed generally in accordance with the relevant Australian Standard 4299 - 1995. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure equity of access and availability of accommodation in the

future for an ageing population) Affordable Housing Contribution C38. A contribution in the amount of $241,600.00, pursuant to the provisions of Division

6A of the Environmental Planning and Assessment Act 1979 and Part 3 of the State Environmental Planning Policy (Affordable Rental Housing) 2009, shall be made to Council.

The contribution shall be paid prior to determination of the application for a Construction Certificate.



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 (All Ordinaries) Index applicable at the time of the payment of the contribution.

(Reason: To mitigate against the loss of affordable rental housing)

Section 94 Contributions C39. A monetary contribution pursuant to the provisions of Section 94 of the

Environmental Planning and Assessment Act 1979, in accordance with the North Sydney Council Section 94 Contribution Plan for the public amenities/ services detailed in column A below and, for the amount detailed in column B below, must be paid to Council.

Administration $798.12

Child Care Facilities $1,382.67

Community Centres $3,623.83

Library Acquisition $675.93

Library Premises & Equipment $2,091.11

Multi Purpose Indoor Sports Facilities $570.91

Open Space Acquisition $22,791.40

Open Space Increased Capacity $45,176.48

Olympic Pool $1,859.75

Public Domain Improvements $1,785.80

Traffic improvements $2,191.99

The total contribution is: $82,947.99

The contribution MUST BE paid prior issue of any [Subdivision Certificate, Construction Certificate] [DELETE ONE where applicable]. The above amount, will be adjusted for inflation by reference to the Consumer Price (All Ordinaries) Index applicable at the time of the payment of the contribution.



A copy of the North Sydney Section 94 Contribution Plan can be viewed at North Sydney Council’s Customer Service Centre, 200 Miller Street, North Sydney or downloaded via Council’s website at www.northsydney.nsw.gov.au (Reason: To retain a level of service for the existing population and to provide

the same level of service to the population resulting from new development)

Security Deposit/ Guarantee Schedule C40. All fees and security deposits/ guarantees in accordance with the schedule below must

be provided to Council prior to the issue of any Construction Certificate:

Security deposit/ guarantee Amount ($) Street Tree Bond (on Council Property) 5,000.00 Footpath and Grass Reconstruction Bond 4,500.00 Drainage Construction Bond 5,500.00 Engineering Construction Bond 16,000.00 TOTAL BONDS $31,000.00

Note: The following fees applicable

Fees Section 94 Contribution $82,947.99 Affordable Housing Contribution

$241,600.00

TOTAL FEES $324,547.99

(Reason: Compliance with the development consent) BASIX Certificate C41. Under clause 97A(3) of the Environmental Planning & Assessment Regulation 2000,

it is a condition of this development consent that all the commitments listed in BASIX Certificate No. 61 5002M for the development are fulfilled. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the proposed development will meet the Government’s

requirements for sustainability and statutory requirements)



D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.

(Note: Applications for hoarding permits, vehicular crossings etc will require

evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land)

Notification of New Addresses D2. Prior to the commencement of any building works, an application must be made and

written confirmation received from North Sydney Council of the allocated street address (house number) and/ or unit numbers of the completed project. To assist Council, a plan for unit numbering should be submitted for concurrence. These details will be recorded in Council records and must be displayed at the property in accordance with the provisions of the applicable Australian Standard relating to rural and urban addressing. A copy of the allocation confirmation must be submitted to the Certifying Authority with the application for a Construction Certificate.

(Reason: To ensure that Council records are accurate, and that house numbering

complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)

Sydney Water Approvals D3. Prior to the commencement of any works, the approved plans must be submitted to a

Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. The Certifying Authority must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works.



Note: For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92. (Reason: To ensure compliance with Sydney Water requirements)

Asbestos Material Survey

D4. Prior to the commencement of any works, a report must be prepared by a suitably

qualified person in relation to the existing building fabric to be demolished and/or disturbed identifying the presence or otherwise of asbestos contamination and, if asbestos contamination is present, making recommendations as to the work required to safely address the contamination. Any demolition works or other works identified in the report as having to be carried out must be carried out in accordance with the recommendations of the report and the following:

a) the removal of asbestos must be undertaken by a WorkCover licensed contractor;

b) all removal must be in strict accordance with the requirements of the WorkCover Authority in relation to the removal, handling and disposal of material containing asbestos and any Work Safe Australia requirements.

c) during the removal of any asbestos a sign stating “DANGER ASBESTOS REMOVAL IN PROGRESS” must be erected in a visible position at the boundary of the site; and

d) Waste disposal receipts must be provided to the Certifying Authority as proof of correct disposal of asbestos laden waste.

The report must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the report, and other plans, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure the long term health of workers on site and occupants of the

building is not put at risk unnecessarily) Commencement of Works Notice

D5. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.

(Reason: To ensure appropriate safeguarding measures are in place prior to the

commencement of any building work, demolition or excavation)



E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

excavation/demolition/construction process, for convenient use of site workers.

(Reason: To ensure adequate provision is made for builders’ waste) Parking Restrictions

E2. Existing public parking provisions in the vicinity of the site must be maintained at all

times during works. The placement of any barriers, traffic cones, obstructions or other device in the road shoulder or kerbside lane is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions must be approved by the North Sydney Local Traffic Committee. The Developer will be held responsible for any breaches of this condition, and will incur any fines associated with enforcement by Council regulatory officers. (Reason: To ensure that existing kerbside parking provisions are not

compromised during works) Road Reserve Safety E3. All public footways and roadways fronting and adjacent to the site must be maintained

in a safe condition at all times during the course of the development works, with no obstructions caused to the said footways and roadways. Construction materials and plant must not be stored in the road reserve without approval of Council.. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.

Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)



Service Adjustments E4. Where required, the adjustment or inclusion of any new utility service facilities must

be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Applicants full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met) Temporary Disposal of Stormwater Runoff E5. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to reasonably manage and control runoff as far as the approved point of stormwater discharge. Such ongoing measures must be to the satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Geotechnical Stability during Works E6. A contractor with specialist excavation experience must undertake the excavations for

the development and a suitably qualified and consulting geotechnical engineer must oversee the excavation procedure.

Geotechnical aspects of the development work, namely appropriate excavation method and vibration control, support and retention of excavated faces, and Hydro geological considerations must be undertaken in accordance with the recommendations of the Geotechnical Report prepared by qualified Geotechnical Engineer and all subsequent geotechnical inspections carried out during the excavation and construction phase. Approval must be obtained from all affected property owners, including North Sydney Council where rock anchors (both temporary and permanent) are proposed below adjacent private or public property. (Reason: Ensure appropriate professional are engaged at appropriate stages

during construction)



Council Inspection of Public Infrastructure Works E7. During the works on public infrastructure reverting to Councils care and control,

Council’s development engineer must undertake inspections of the works at the following hold points: -

a) Formwork of driveway crossing and footpath alignment levels and associated road

works b) Drainage connection. Further, all works must proceed in accordance with Roads Act 1993 approvals or other permits relating to roads issued by Council. A minimum of 48 hours notice must be given to Council to book an inspection. Work must not proceed until the works or activity covered by the inspection is approved.

(Reason: To ensure quality of construction joints and connections in the drainage

system) Progress Survey E8. In order to ensure compliance with approved plans, a Survey Certificate, to Australian

Height Datum, must be prepared by a Registered Surveyor as follows: -

a) at the completion of the first structural floor level indicating the level of that floor and the relationship of the building to the boundaries;

b) at the completed height of the building, prior to the placement of concrete

inform work, or the laying of roofing materials; and c) at completion, the relationship of the building, and any projections thereto, to

the boundaries.

Progress certifications in response to points (a) through (c) must be provided to the Certifying Authority for approval at the time of carrying out relevant progress inspections. In the event that such survey information is not provided or reveals discrepancies between the approved plans and the proposed works, all works, save for works necessary to bring the development into compliance with the approved plans, must cease. Works may only continue upon notification by the Certifying Authority to the Applicant that survey information (included updated survey information following the carrying out of works to comply with the approved plans) complies with this condition.

(Reason: To ensure compliance with approved plans)



Dust Emission and Air Quality E9. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or fill material must be

covered. (c) Dust suppression measures must be carried out to minimise wind-borne

emissions in accordance with the NSW Department of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.

(d) Odour suppression measures must also be carried out where appropriate so as

to prevent nuisance occurring at adjoining properties. (Reason: To ensure residential amenity is maintained in the immediate vicinity)

Noise and Vibration E10. The works must be undertaken in accordance with the “Interim Construction Noise

Guideline” published by the NSW Environment Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise adverse effects experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity) Compliance with Construction Noise Management Plan E11. All works conducted on site which form part of this development must be carried out

in accordance with the submitted Construction Noise Management Plan submitted with the Construction Certificate and all conditions of consent.

(Reason: To ensure noise generating activities are appropriately managed and

nearby sensitive receivers protected) Developer's Cost of Work on Council Property E12. The developer must bear the cost of all works associated with the development that

occurs on Council’s property, including the restoration of damaged areas.

(Reason: To ensure the proper management of public land and funds)



Transplanting of Trees on Public Property E13. The Livistona Palm proposed for removal in the Council Bed adjacent to the western

boundary of the property shall be transplanted into the garden bed proposed at the front of the property to the satisfaction of Councils Landscape Development Officer or donated to Council for planting in an alterative location on Council property. Contact by ph. on 99368100

(Reason: Protection of existing environmental infrastructure and community

assets) Protection of Trees E18 E14. All trees required to be retained, as part of this consent must be protected from any

damage during construction works in accordance with AS4970-2009. All recommendations contained within the tree report prepared by Urban Forestry Australia, dated April 2015 and received by Council 14th

May 2015 must be implemented for the duration of the works.

(Reason: Protection of existing community assets) Special Permits E15. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must occur entirely on the property. The developer, owner or builder may apply for specific permits available from Council’s Customer Service Centre for the undermentioned activities on Council’s property. In the event that a permit is granted by Council for the carrying out of works, processes, storage of materials, loading and unloading associated with the development on Council's property, the development must be carried out in accordance with the requirements of the permit. A minimum of forty-eight (48) hours notice is required for any permit: -

1) On-street mobile plant

Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the hours of operation, the area of operation, etc. Separate permits are required for each occasion and each piece of equipment. It is the developer's, owner’s and builder’s responsibilities to take whatever steps are necessary to ensure that the use of any equipment does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)



2) Hoardings

Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class hoarding is to alienate a section of Council’s property, that section will require a permit for the occupation of Council’s property.


3) Storage of building materials and building waste containers (skips) on

Council’s property

Permits to utilise Council property for the storage of building materials and building waste containers (skips) are required for each location. Failure to obtain the relevant permits will result in the building materials or building waste containers (skips) being impounded by Council with no additional notice being given. Storage of building materials and waste containers on open space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerbside restrictions adjacent to the development. Should alteration of existing kerbside restrictions be required, or the provision of a construction zone, the appropriate application must be made and the fee paid to Council. Alternatives to such restrictions may require referral to Council’s Traffic Committee and may take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.


Construction Hours E16. Building construction and works must be restricted to within the hours of 7.00 am to

5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm inclusive, with no work on Sundays and Public Holidays.

Demolition and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition: a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.



b) “Demolition works” means any physical activity to tear down or break up a structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.

c) “Excavation work” means the use of any excavation machinery and the use of

jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact telephone number, which is to be clearly visible and legible from any public place adjoining the site.

(Reason: To ensure that works do not interfere with reasonable amenity

expectations of residents and the community) Out of Hours Work Permits E17. Where it is necessary for works to occur outside those hours allowed by these

conditions, an application may be made to Council's Customer Services Centre for a permit to carry out works outside of the approved hours. If a permit is issued the works approved must be carried out in accordance with any requirements specified in the permit. Permits will only be approved if public safety is at risk. Applications which seek a variation to construction hours solely to benefit the developer will require the lodgement and favourable determination of a modification application pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979.

Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in

on the spot fines being issued, or Council pursuing any action required (including legal proceedings) to have the out of hours work cease, without prior warning.

2) Applications for out of hour’s works should be lodged with Council no later than seven (7) calendar days prior to the date of the intended works.

3) Examples of activities for which permits may be granted include: • the erection of awnings, • footpath, road and other infrastructure works which can not be

carried out for public convenience reasons within normal hours, • the erection and removal of hoardings and site cranes, and • craneage of materials which cannot be done for public convenience

reasons within normal working hours.



4) Examples of activities for which permits WILL NOT be granted include; • extended concrete pours • works which are solely to convenience the developer or client, and • catch up works required to maintain or catch up with a construction

schedule.

5) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.

(Reason: To ensure that works do not interfere with reasonable amenity

expectations of residents and the community) Installation and Maintenance of Sediment Control E18. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate. Erosion and sediment measures must be maintained in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.


erosion from development sites) Sediment and Erosion Control Signage E19. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not be maintained. A sign of the type referred to in this condition is available from Council.


erosion from development sites) Site Amenities and Facilities E20. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements, must be provided and maintained at all times. The type of work place determines the type of amenities required.


http://www.northsydney.nsw.gov.au/�


Further information and details can be obtained from the Internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Health and Safety E21. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Archaeological Discovery During Works E22. Should any historical or Aboriginal relic be discovered on the site during demolition,

excavation or site preparatory works, all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW must be informed in accordance with the provisions of the Heritage Act 1977 and/or National Parks and Wildlife Act, 1974. Works must not recommence until such time as approval to recommence is given in writing by Council or a permit from the Director of the NPWS is issued.

(Reason: To prevent the unnecessary destruction or removal of unrecorded

historical or Aboriginal relics) Prohibition on Use of Pavements E23. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to this effect must be erected adjacent to the street alignment.

(Reason: To ensure public safety and amenity on public land)

Plant & Equipment Kept Within Site E24. All plant and equipment used in the undertaking of the development/ works, including

concrete pumps, wagons, lifts, mobile cranes, hoardings etc, must be situated within the boundaries of the site (unless a permit is obtained from Council beforehand) and so placed that all concrete slurry, water, debris and the like must be discharged onto the building site, and is to be contained within the site boundaries. Details of Council requirements for permits on public land for standing plant,



hoardings, storage of materials and construction zones and the like are available on Council’s website at www.northsydney.nsw.gov.au. (Reason: To ensure public safety and amenity on public land)

Waste Disposal E25. All records demonstrating the lawful disposal of waste must be retained and kept

readily accessible for inspection by regulatory authorities such as North Sydney Council and the Environmental Protection Authority. (Reason: To ensure the lawful disposal of construction and demolition waste)

Asbestos Removal E26. All demolition works involving the removal and disposal of asbestos cement must

only be undertaken by contractors who hold a current WorkCover Asbestos or “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence and removal must be carried out in accordance with National Occupational Health and Safety Commission. (Reason: To ensure works are carried out in accordance with relevant

WorkCover requirements) Support for Neighbouring Buildings E27. 1) If an excavation associated with the erection or demolition of a building

extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

a) Must preserve and protect the building from damage;

b) If necessary, must underpin and support the adjoining building in an

approved manner Subject to adjoining owner’s consent); and

c) Must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

2) The owner of the adjoining allotment of land is not liable for any part of the

cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

3) In this clause, allotment of land includes a public road and any other public

place.


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(Reason: To ensure adjoining owner’s property rights are protected and protect

adjoining properties from potential damage) F. Prescribed Conditions imposed under EP&A Act and Regulations and other

relevant Legislation Building Code of Australia F1. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

(Reason: Prescribed - Statutory) Home Building Act F2. 1) Building work that involves residential building work (within the meaning and

exemptions provided in the Home Building Act 1989) for which the Home Building Act 1989 requires there to be a contract of insurance under Part 6 of that Act must not be carried out unless the Principal Certifying Authority for the development to which the work relates has given North Sydney Council written notice of the contract of insurance being issued and of the following:

a) in the case of work for which a principal contractor is required to be

appointed:

i) the name and licence number of the principal contractor, and ii) the name of the insurer by which the work is insured under Part

6 of that Act, or

(b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit

under that Act, the number of the owner-builder permit.

2) If arrangements for doing residential building work are changed while the work is in progress such that the information submitted to Council in accordance with this conditions is out of date, work must cease and no further work may be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.



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

(Reason: Prescribed - Statutory)

Appointment of a Principal Certifying Authority (PCA) F3. Building work, demolition or excavation in accordance with the development consent

must not be commenced until the developer has appointed a Principal Certifying Authority for the building work in accordance with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place

prior to the commencement of any building work, demolition or excavation)

Construction Certificate F4. Building work, demolition or excavation in accordance with the development consent

must not be commenced until a Construction Certificate for the relevant part of the building work has been issued in accordance with the provisions of the EP&A Act and its Regulations.



Occupation Certificate F5. A person must not commence occupation or use of the whole or any part of a new

building (new building

includes an altered portion of, or an extension to, an existing building) unless an Occupation Certificate has been issued in relation to the building or part. Only the Principal Certifying Authority appointed for the building work can issue an Occupation Certificate.

(Reason: Statutory)



Critical Stage Inspections F6. Building work must be inspected by the Principal Certifying Authority on the critical

stage occasions prescribed by the EP&A Act and its Regulations, and as directed by the appointed Principal Certifying Authority.

(Reason: Statutory)

Commencement of Works F7. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence the erection of the building.



Excavation/Demolition F8. 1) All excavations and backfilling associated with the erection or demolition of a

building must be executed safely and in accordance with appropriate professional standards.

2) All excavations associated with the erection or demolition of a building must

be properly guarded and protected to prevent them from being dangerous to life or property.

3) Demolition work must be undertaken in accordance with the provisions of

AS2601- Demolition of Structures.

(Reason: To ensure that work is undertaken in a professional and responsible manner and protect adjoining property and persons from potential damage)

Protection of Public Places F9. 1) A hoarding and site fencing must be erected between the work site and

adjoining public place.

2) 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.

3) The work site must be kept lit between sunset and sunrise if it is likely to be

hazardous to persons in the public place.



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

5) No access across public reserves or parks is permitted.

Note: Prior to the erection of any temporary fence or hoarding over property owned

or managed by Council, written approval must be obtained. Any application needs to be accompanied by plans indicating the type of hoarding and its layout. Fees are assessed and will form part of any approval given. These fees must be paid prior to the approval being given. Approval for hoardings will generally only be given in association with approved building works, maintenance or to ensure protection of the public. An application form for a Hoarding Permit can be downloaded from Council’s website.

(Reason: To ensure public safety and the proper management of public land)

Site Sign F10. 1) A sign must be erected in a prominent position on the site

a) stating that unauthorised entry to the work site is prohibited;

b) showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

c) showing the name, address and telephone number of the Principal

Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.

(Reason: Prescribed - Statutory)

G. Prior to the Issue of an Occupation Certificate Infrastructure Repair and Completion of Works G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development:

a. in the road reserve must be fully completed; and



b. to repair and make good any damaged public infrastructure caused as a result of any works relating to the development (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired to the satisfaction of Council Engineers at no cost to Council.

(Reason: Maintain quality of Public assets)

Certification- Civil Works G2. a) An appropriately qualified and practising Civil Engineer must certify to the

Certifying Authority that the stormwater drainage system is constructed in accordance with this consent and the provisions of the applicable Australian Standard. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority) upon completion of the development works and prior to the issue of an Occupation Certificate.

b) An appropriately qualified and practicing Civil Engineer must certify to the

Certifying Authority that the vehicular crossing and associated works and road works were constructed in accordance with this consent and any approval for works in the road reserve issued by the Council and RMS. A copy of the certificate must be submitted to Council (if it is not the Certifying Authority), upon completion of the development works and prior to the issue of an Occupation Certificate.

(Reason: Compliance with the Consent)

Works as Executed Drawings – Stormwater and Video G3. A works-as-executed survey drawing (W.A.E.) of the completed stormwater drainage

system must be obtained. The W.A.E. survey drawing must show the alignment, depth and grade of the stormwater drainage pipelines, pits and ancillary plumbing. The W.A.E. survey drawing must be reviewed by a qualified and practising civil engineer and certification provided to the Certifying Authority that the as-built system achieves the design intent of the plans approved with the Construction Certificate. Certification must be provided with the W.A.E. survey drawing to the Certifying Authority prior to the issue of an Occupation Certificate.

A copy of the W.A.E. survey drawing and certification must be submitted to the Council if it is not the Certifying Authority.

(Reason: Compliance with the Consent)



Utility Services G4. All utility services shall be adjusted, to the correct levels and/or location/s required by

this consent, prior to issue of an occupation certificate. This shall be at no cost to Council.

(Reason: To ensure compliance with the terms of this consent)

Covenant & Restriction (Stormwater Control Systems)

G5. An Instrument pursuant to Sections 88 B and 88E

of the Conveyancing Act 1919 and one copy must be submitted to Council in registrable form, providing for:

a. a restriction as to user and positive covenant as to user as appropriate in favour of North Sydney Council burdening 562 A Miller Street requiring the ongoing

retention, maintenance and operation of the stormwater facility (on-site

detention and pump-out);

b. North Sydney Council being nominated in the Instrument as the only party authorised to release, vary or modify the Instrument;

c. the wording on the Instrument making reference to the Council file/s which

hold: (a) the Construction plans; and (b) the “Work-as-Executed” (as built) plans;

Upon Council being satisfied as to the terms of the Instrument, North Sydney Council’s official seal will be affixed to these documents, prior to submission to the Land & Property Information Office for registration.

The Instrument creating the restriction and/or covenant under Sections 88B and 88E required by this condition of consent must be registered on the Title of the development site prior to the issue of an Occupation Certificate or commencement of use of the site, whichever is the earlier. Evidence of the registration of the instrument referred to in this condition is to be provided to Council prior to the issue of an Occupation Certificate. All costs associated with the preparation, approval and registration of the Instrument required by this condition of consent must be borne by the person acting on this consent including the reasonable costs of Council in obtaining advice, negotiating the terms or otherwise facilitating the execution and registration of the required Instrument.

(Reason: Compliance and adequate maintenance of drainage system)



Pump-Out Maintenance G6. Prior to issue of an Occupation Certificate a Maintenance Regime must be prepared

for the stormwater pump-out system and submitted to the Principal Certifying Authority for approval with the Occupation Certificate documentation. The regime must specify that the system is to be regularly inspected and checked by qualified practitioners. The basement stormwater pump-out system must be maintained in accordance with the approved Maintenance Regime at all times.

(Reason: To ensure future provision for maintenance of the drainage system)

Notification of New Address Developments G7. Prior to any Occupation Certificate being issued, the person acting upon this consent

must comply with the following: -

(a) Notify Australia Post of the address(es) as issued by Council and the location in plan form of any secondary, internal addresses, in relation to built public roads. Check Australia Post Website (www.auspost.com.au) to find your nearest Australia Post Delivery Facility.

(Reason: To ensure that Council records are accurate, and that house numbering

complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties)

Asbestos Clearance Certificate G8. For building works where asbestos based products have been removed or altered, an

asbestos clearance certificate signed by an appropriately qualified person (being an Occupational Hygienist or Environmental Consultant) must be submitted to and approved by the Certifying Authority (and a copy forwarded to Council if it is not the Certifying Authority) for the building work prior to the issue of any Occupation Certificate, the asbestos clearance certificate must certify the following: -

a) the building/ land is free of asbestos; or b) the building/ land has asbestos that is presently deemed safe.

The certificate must also be accompanied by tipping receipts, which detail that all asbestos waste has been disposed of at an approved asbestos waste disposal depot. If asbestos is retained on site the certificate must identify the type, location, use, condition and amount of such material.


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Note: Further details of licensed asbestos waste disposal facilities can be obtained from www.epa.nsw.gov.au

(Reason: To ensure that building works involving asbestos based products are

safe for occupation and will pose no health risks to occupants) Certification of Tree Condition G9. Prior to the issue of an Occupation Certificate, a report prepared by the appointed

Arborist must be submitted to the Certifying Authority, describing the health of the tree specifically nominated below: -

2 x Eucalyptus pilularis growing on the adjoining property The report must detail the condition and health of the nominated trees upon completion of the works, and shall certify that the trees have not been significantly damaged during the works on the site, and have reasonable prospects for survival.

(Reason: To ensure compliance with the terms of this consent)

Landscaping G10. The landscaping shown in the approved landscape plan numbered LPDA15-315/1

issue E prepared by Conzept Landscape Architects and received by Council on 3 July 2015 must be completed prior to the issue of any Occupation Certificate.

(Reason: To ensure compliance) Required Tree Planting or Donation G11. On completion of works and prior to the issue of an Occupation Certificate trees in

accordance with the schedule hereunder must be planted within the property or donated to Council. Schedule

Tree Species Location Pot Size Livistona Palm ) Council Garden Bed adjacent to the

western boundary) N.A

(Reason: to ensure that an existing Council Palm Tree can be retained/ relocated)

Sydney Water G12. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. .



The final Section 73 Certificate must be submitted to the Certifying Authority prior to release of any linen plan for subdivision or prior to occupation of the development, whichever is the earlier. The Section 73 Certificate must be submitted to the Certifying Authority prior to the issue of the Strata Certificate. [Delete as appropriate]

Notes: Application must be made through an authorised Water Servicing Co-ordinator, for details see the Sydney Water web site www.sydneywater.com.au\customer\urban\index, or telephone 13 20 92. Following application, a ‘Notice of Requirements’ will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. (Reason: To ensure compliance with the statutory requirements of Sydney

Water) House Numbering (Dwellings) G13. Prior to any Occupation Certificate being issued an application must be made to North

Sydney Council for written confirmation, or allocation, of the street address(es) or apartment number(s) for the completed project in accordance with Council's Property Addressing Policy. These are the numbers that will be recorded in Council records and must be displayed at the property in accordance with the provisions of AS/NZS 4819:2011.

Note: If apartments are to be sold off the plan, the applicant must have written confirmation from Council of the address and apartment numbering if the apartment number is to be identified on the contract.

(Reason: To ensure that Council records are accurate, and that house numbering complies with the requirements of Council’s House Numbering Policy. Proper house numbering also assists emergency services in readily locating properties.)

Damage to Adjoining Properties G14. On completion of the development the subject of this consent and prior to the issue of

the Occupation Certificate, a report is to be prepared by an appropriately qualified consultant and is to be provided to the Certifying Authority (and a copy to Council if it is not the Certifying Authority) certifying:

a) whether any damage to adjoining properties has occurred as a result of the

development;



b) the nature and extent of any damage caused to the adjoining property as a result of the development;

c) the nature and extent of works required to rectify any damage caused to the adjoining property as a result of the proposed development;

d) the nature and extent of works carried out to rectify any damage caused to the adjoining property as a result of the development; and

e) the nature and extent of any agreements entered into for rectification of any damage caused to the adjoining property as a result of the development.

The report and certification must reference the dilapidation survey and reports required to be provided to the Certifying Authority in accordance with this consent.

Where works required to rectify any damage caused to adjoining property as a result of the development identified in the report and certification have not been carried out, a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible prior to the issue of an Occupation Certificate. All costs incurred in achieving compliance with this condition shall be borne by the developer.

(Reason: To ensure adjoining owner’s property rights are protected in so far as

possible) K. Prior to the Issue of any Strata Certificate Strata Subdivision K1. A Strata Certificate pursuant to the Strata Schemes (Freehold Development) Act 1973,

that authorises registration of the strata plan, strata plan of subdivision or notice of conversion at NSW Land and Property Information Office must be obtained. If the Strata Certificate is obtained from an Accredited Certifier, other than the Council, the certifier is to provide Council with a copy of the endorsed Strata Certificate within 7 days of issuing the same, pursuant to the Strata Schemes (Freehold Development) Regulation 2002.

NOTES: For approval of the Strata Certificate by North Sydney Council, the following must be submitted to Council: - a) the original strata plans or strata plans of subdivision and administration sheets

plus two (2) copies of each, and any original Instrument (including but not limited to any section 88B or 88E instruments) to be endorsed, all enclosed in a protective cardboard tube (to prevent damage during transfer);

b) 2 additional copies of the strata plans or strata plans of subdivision and any

relevant Instrument for submission to Council Customer Services and records department for electronic database scanning and copying;



c) a completed Subdivision or Strata Certificate Application form together with payment of fee current at lodgement;

d) written evidence that all applicable conditions of consent required to be

satisfied, prior to issue of the Strata Certificate, have been satisfied. Council will check the consent conditions on the relevant consent(s). Failure to submit the required information will delay endorsement of the Strata Certificate, and may require payment of rechecking fees;

e) plans of subdivision and copies must not be folded; and f) council will not accept bonds in lieu of completing subdivision works. (Reason: To ensure compliance with relevant legislative requirements and

maintenance of up to date Council records) Sydney Water K2. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained. .

The Section 73 Certificate must be submitted to the Certifying Authority or North Sydney Council with the documentation to enable the issue of the Strata Certificate.

Notes:

1. Application must be made through an authorised Water Servicing Co-ordinator, for details see the Sydney Water web site www.sydneywater.com.au or telephone 13 20 92.

2. Following application, a ‘Notice of Requirements’ will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

(Reason: To ensure compliance with Sydney Water requirements)

Release of Strata Certificate K3. The Strata Certificate that authorises registration of the Strata Plan, Strata Plan of

Subdivision or Notice of Conversion at NSW Land and Property Information shall not be issued until bounding walls, floors and ceilings between proposed strata lots have been constructed in accordance with the approved plans identified in Condition A1 of this Consent.

(Reason: To ensure that the registered strata plan relates to approved

development)


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Building and Unit Numbering (Strata Subdivisions) K4. Prior to issue of the Strata Certificate, the person acting upon this consent must apply

to North Sydney Council and receive written confirmation of the allocated street address and unit numbers for the building and the approved strata allotments within the completed project. These are the property addresses that will be recorded in Council records and must be displayed at the property in accordance with the provisions of the applicable Australian Standard (AS/NZS 4819:2011).

To assist Council, a draft proposal for numbering within the strata scheme or street should be submitted for concurrence to Council, as these numbers will be used to maintain Council’s property and mapping database.

(Reason: To ensure that Council records are accurate, and that building and unit

numbering complies with the requirements of Council’s Property Addressing Policy. Proper building and unit numbering also assists emergency services in readily locating properties)

Services within Lots K5. A report must be provided by a Registered Surveyor certifying that all services

(including but not limited to stormwater drainage, gas, electricity, telephone cable) as constructed or to be constructed are/will be contained within each lot or within the necessary easements to accommodate such services. The report must be submitted to the Certifying Authority for approval prior to the issue of any Subdivision Certificate.

(Reason: To ensure adequate servicing of the development)

L. General terms of approval pursuant to Section 91A of the Environmental Planning

and Assessment Act 1979, (as amended) Road and Maritime Services terms of approval

L1. All new buildings or structures, together with any improvements integral to the future

use of the site are to be wholly within the freehold property (unlimited in height of depth), along the Miller Street boundary.

L2. The redundant driveway in the northeast section of the site shall be removed and

replaced with kerb and gutter to match existing. L3. The design and construction of the gutter crossing and reinstatement kerb and gutter

works on Miller Street shall be in accordance with Roads and Maritime requirements, Details of these requirements should be obtained from Roads and Maritime Manager Developer Works, Statewide Delivery, Parramatta (telephone 8849 2138).



Detailed design plans of the proposed gutter crossing are to be submitted to Roads and Maritime for approval prior to the issue of a Construction Certificate and commencement of any road works. A plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by Roads and Maritime.

L4. Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to Roads and Maritime for approval, prior to the commencement of any works.

Details should be forwarded to: The Sydney Asset Management Roads and Maritime Services PO Box 973 Parramatta CBD 2124 A plan checking fee will be payable and a performance bond may be required before Roads and Maritime approval is issued. With regard to the Civil Works requirement please contact the Roads and Maritime Project Engineer, External Works Ph: 8849 2114 or Fax:8849 2766.

L5. All vehicles are to be wholly contained on site before being required to stop. L6. All vehicles are to enter and leave the site in a forward direction. L7. All demolition and construction vehicles are to be contained wholly within the site. L8. A Road Occupancy Licence should be obtained from Roads and Maritime for any

works that may impact on traffic flows on Miller Street during construction activities.

Rural Fire Services terms of approval

Asset Protection Zones The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply: L9. At the issue of subdivision certificate and in perpetuity the entire property shall be

managed as an inner protection area (lPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document ‘Standards for asset protection zones'.



Water and Utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply: L10. Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire

Protection 2006'. Design and Construction The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply: L11. New construction on the northern and western elevations and roofing shall comply

with Sections 3 and 9 (BAL FZ)Australian Standard 453959-2009 'Construction of buildings in bush fire-prone areas'. However, any material, element of construction or system when tested to the method described in Australian Standard AS1530.8.2 Methods for fire tests on building materials, components and structures Part8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack-Large flaming sources shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber.

L12. Windows assemblies on the northern and western elevations shall comply with

modified Sections 3 and 9 of 453959 (as above) or the following. i. They shall be completely protected by a non-combustible and non perforated bushfire shutter that complies with Section 3.7 of 453959 excluding parts (e) & (0; and ii. They shall comply with the following: a) Window frames and hardware shall be metal; b) Glazing shall be toughened glass, minimum 6mm; c) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5; d) The openable portion of the window shall be screened internally or externally with a mesh with a maximum aperture of 2mm, made from corrosion resistant steel or bronze. The frame supporting the mesh shall be metal.

L13. External Doors (not including garage doors) on the northern and western elevations shall comply with modified Sections 3 and 9 of AS3959 (as above) or the following: i. They shall be completely protected by a non-combustible and non perforated bushfire shutter that complies with Section 3.7 of 453959 excluding parts (e) & (0; and ii. They shall comply with the following: a) Doors shall be non-combustible; b) Externally fitted hardware that supports the panel in its function of opening and closing shall be metal; c) Where doors incorporate glazing, the glazing shall be toughened glass minimum 6mm;



d) Seals to stiles, head and sills or thresholds shall be manufactured from silicone; e) Doorframes shall be metal; f) Doors shall be tight fitting to the doorframe or an abutting door; g) Weather strips, draught excluders or draught seals shall be installed if applicable.

L14. New construction on the southern and eastern elevations shall comply with Sections 3 and I (BAL 40) Australian Standard 453959-2009 'Construction of buildings in bush fire-prone areas' and section 43.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

L15. There is to be no exposed timber on the proposed building. L16. Roofing shall be gutterless or guttering and valleys are to be screened to prevent the

build up of flammable material. Any materials used shall be non-combustible. L17. All new fencing shall be non-combustible. L18. External hand rails shall be non-combustible. L19. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for

Bush Fire Protection 2006'.


50

60

10

20

30

40

80

70

50

60

80

80

70

60

75.9

2.3

76.86.88

77.47.47 479.0

75.5

9.09 0

55.55 555

81.3

74.4

1.33333

4.44 4

79.49.49 444

83.6

81.9

83.83.63 66

1.99

3.83 8

84.2 85.755555555 77

82.2

81.0

2.22

83.0

82.2

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75.2

33.03 0

2.222

77.1

76.6

5.25 2

7777....11

6.66 6

90.8

86.5

88.3

86.6

88.2

73.8

71.3

71.473.0

76.3

69.0

67.0

65.8

7.07 00

5.85 888

64.74.77

67.07.07 00

65.35.33

57.27.27 2

74.244.244 22

67.177.11

57.9

71.2.22

67.4

67.77.77 7

64.84.888

77.9 79.473.2

75.272.0

72.4 77.5

63.13.13 1

67.677.66

65.05.05 000

57.7

64.6

77

4.66

63.93.999

58.48.4444

57.6

64.34.34 3

65.8

57.6

66.6

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64.94.94 9

57.5

71.3

87.8

87.3

7.88

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93.2

89.4

89.4

88.888.88

9.49 4

9.49 44444

89.7

3.23 22

90.6

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86.3

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87

99.499 44

1.3333

57.87.87 8

84.44.44 4

63.53..55

82.3

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777.667 6666

51.3

65.95...99

70.4

71.2

71.91.99

62.2

1.222

2.22 2

51.3

86.5

55

51.1

56.6

ABBOTT

LANE

STREET

CAMBRIDGE STREET

MILLERSTREET

GARDENS

PINE

STREET

STREET

BE LL EVUE S T REE TRES E RVE

NORTH

AVEN

4446

4850

52

54

113

117

522

119

38-40

42

44

46

48

50

50A

52

52A

54

56

33

( 35)

37

37A

39

41

43

45

49

12

15

11 13

8-10

18

6

1-11

4

524

526

548

550

552

554

556

560

562

2

2A

562A

564

564A

566

68

491

1012

570

8

64

143

2

141

139

503

137

135

133

131

129

127A

580

127

125

22

88

86

501

84A

84

82

80

20

123

499

18

(1A)

16

121

497

1B

14

495

8

65

4

SP75563

3

SP52680

4523

4523

t9

SP 13685

73346

1

Pt10

59907012

09525

12

5084

976960

AB

Pt11

DRAINAGE

RESERVE

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BUSHFIRE PROTECTION ASSESSMENT

FOR THE

PROPOSED RESIDENTIAL FLAT BUILDING

ON

LOT 10 in DP 11908,

No. 5624

MILLER STREET,

GAMMERAY

Australian Bushfire Protection Planners Pty Limited

Bushfire Mitigation ConsultantsACN 083 085 474

32 Old Dog Trap RoadSOMERSBY 2250 NSWPhone. (02)43622112 Fax (02) 43622204Email: abpp@biqpond. net. au

ABPPAusüalian Bushfire

Protection Planners Pty LtdACN 083(B54?4

Bushfìrc Miti gation Consulunts


BUSHFIRE PROTECTION ASSESSMENT

FOR THE

PROPOSED RESIDENTIAL FLATBUILDING

ON

LOT 10 ¡n DP 11908,

No= 5624-

MILLER STREET,CAMMERAY

Report DocumentNumber8152492 - 1 Final

PreparationDate4.5.2015

lssueDate3.7.2015

Directors Approval

G.L.Swaina

@ Australian Bushfire Protection Plannerc Pty Limited1e1.612 43622112 I 612 43621184

Email. [email protected]. au


EXECUTIVE SUMMARY

Australian Bushfire Protection Planners fty Limited has been commissioned by MooreDevelopment Group to prepare a Bushfire Protection Assessment for a DevelopmentApplication to North Sydney Council for the proposed Residential Flat Building onLot 10 in DP 1 1908, No. 5624 Miller Street, Cammeray.

The development site is located on the north-western side of Miller Street and containsan existing multi storey residential flat building. This building will be demolished as partof the Development Application. The development site is adjoined to all aspects byexisting residential development, except to the northwest where the land forms part ofFred Hutley Reserve.

This reserve contains Category I Bushfire Prone Vegetation and the 100 metre widebuffer zone to the bushfire prone vegetation impacts upon the development site.

The development, being for the demolition of an existing medium density residentialcomplex and the construction of a new multi-unit medium density residential flat buildingwithin a bushfire prone area is required to comply with the provisions of Section 79BA ofthe Environmental Planning & Assessment Act 1979 and provide bushfire protectionmeasures in accordance with Planning for Bushfire Protection 2006.

However, the building will be subdivided into Strata ïitle Units once completed and forthe purpose of this report is deemed to be lntegrated Development as defined bySection 91 of the Environmental Planning & Assessment Act 1979.

The provisions of Section 1008 of the Rural Fires Act 1997 apply to lntegratedDevelopment and the development is required to comply with the deemed-to-satisffprovisions of Planning for Bushfire Protection 2006.

However, the due to the fact that the application seeks approval for the replacement ofan existing building with a new building having the same use and occupying a similarbuilding footprint which is no closer to the bushfire haza¡d, the development is deemedto satisff the 'infill development' prerequisites of Section 4.3.5 - 'lnfill Development' ofPlanning for Bushfire Protection 2006.

This report therefore examines the bushfire hazard from the adjacent bushland andprovides recommendations on the construction standards required to achieve a betterbushfire protection outcome.

IGraham SwainManaging Director,Australian Bushfire Protection Planners Pty Limited.

J

@ Australian Bushfire Protection Plannens Pty LimitedTel.612 43622112 I 612 43621184

Email. aboo@biqoond. net. au


TABLE OF CONTENTS

EXECUTIVE SUMMARYTABLE OF CONTENTS..................

INTRODUCTION1.1 Aim of this Assessment1.2 Development Proposal.'1.3 Statutory Requirements. ............1.3.1 Legislation.1.3.2 Planning Po1icies............1.4 Documentation reviewed in this Assessment.1.5 Site lnspection........

SECT¡ON 2DESCRIPTION OF DEVELOPMENT SITE2.1 Location & Description.2.2 Adjoining Land Use.....2.3 Topography.2.4 Vegetation.2.4.1 Vegetation within the Development Site...2.4.2 Vegetation within 14O metres of the Development Site. ................2.5 Significant Environmental Features within the Development Site. .....2.6 Known Threatened Species, population or ecological community within the

Development Site.2.7 Details and location of Aboriginal relics or Aboriginal place.

SEGTION 3................PRECINCT LEVEL ASSESSMENT ...............J. I tnrtooucUon.

345.5.5.5

17171818'r õ

191919

.19

.20

.24

.24

.24

.24

.24

.24

.24

.25

.2526.26.26.26.26.2728.2829

BUSH FIRE PROTECTION ASSESSMENT..............4.1 lntroduction........4.2 Determination of Asset Protection Zones - Proposed Medium Density Residential Flat

Building........4.3 Assessment of Bushfire Attack (Construction Standards)4.4 Access Standards for Firefighting Operations4.4.1 Adequacy of Public Roads.4.4.2 Fire Trail Access to two-way Public Roads.4.4.3 Emergency Response Access/Egress.4.5 Water Supplies for Firefighting Operations.4.6 Protection4.74.8 other Fire Protection Measures. ...

4.9 Evacuation...SEGTION 5................

BUSHFIRE MANAGEMENT STRATEGIES ...........Strategy 1 - Bushfire Construction Standards to the proposed Building:......The following construction standards shall be applied to the new building:...Strategy 2 - Water Supplies for Firefighting Operations:....Strategy 3 - Landscaping:...............

sEcTtoN 6coNcLUStoN....

REFERENCES

I

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Email. abpp@biqPond. net.au


o

sEcTtoN IINTRODUCTION

1,1 Aim of this Assessment.The aim of this Bushfire Protection Assessment is to examine the bushfire threatto the proposed medium density residential development and providerecommendations on those measures required to be incorporated into theconstruction of the building to mitigate the bushfire risk.

To achieve this aim the following will be assessed.

Determine the formation of the vegetation on and adjoining the developmentfootprint in accordance with the vegetation classification system contained in

Planning for Bushfire Protection 2006:

Undertake an assessment to determine the effective slope of the land whichwill cause the most insignificant fire behaviour on the facÍlity;

a

a

Determine the Fire Danger Index [FDl] for the site;

Undertake an assessment to determine the adequacy of the bushfireprotection measures, including the following matters:

(i) The provision of setbacks from vegetated areas;(ii) Fire fighting water supplies;(iii) Access requirements for emergency service vehicles;(iv) Land management responsibilities; and(v) Evacuation management.

1.2 DevelopmentProposal.A Development Application is to be lodged with North Sydney Council for thedemolition of an existing multi storey residential flat building and the erection of anew multi storey residential flat building on Lot 10 in DP 11908, No,5624 MillerStreet, Cammeray.

The new complex contains six levels with Level 1 being a single unit floor. Levels2, 3 & 4 are twin unit floors with Level 5 containing three units. The top floor

[Level 6] provides a three bedroom penthouse floor.

The total number of units is eleven [11]with 'stacking'carparking provided at theMiller Street side of the complex.

5

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a


Figure 1 - Roof Plan of the proposed Medium Density Flat Complex.

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@ Australian Bushfirc Protection Planners Pty Limiûed'1e1.612 43622112 I 612 43621184

Email. aboo(Obiopond.net.au


Figure 3 - Secúion looking to the west.

Figure 4- No¡lhern Elevation.

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NORTHERN ELEVATIONS

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@ Australian Bushfire Protection Plannerc Pty LimitedTet.612 43622112 I 612 43621184

Email. aþpg@þiqpond. net. au


Figure 5 - Eastern Elevation.

Figure 6 - Western Elevation.

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@ Australian Bushfire Protection Plannerc PtyTel. 612 43622112 I 612 43621184


Limited


1.3 StatutoryRequirements.This report has been prepared having regard to the following legislative andplanning requirements:

1.3.1 Legislation.(a) Environmental Planning andAssessment Acú (EPA Act)Planning and development within NSW is regulated by the EnvironmentalPlanning & Assessment Ac[ 1979 (EPA Act). This Act was amended in August2002 by lhe Rural Fires & Environmenfal Assessment Legislation AmendmentAc[ 2002.|n relation to bushfire planning for new residential, rural residential andspecial fire protection developments in bushfire prone areas in NSW thefollowing sections of the Act apply:

(¡) Section 79BA:

Section 79BA requires a consent authority to determine ¡f a proposeddevelopment that is located within a designated Bushfire Prone Area, or thebuffer zone to the Bushflre Prone Land, complies with Planning for BushfireProtection 2006.

(¡¡) Section 79C(1) states:

"ln determining a development application, a consent authority is to take intoconsideration such of the following matters as are of relevance to thedevelopment the subject of the development application:

threat);

(¡¡) Section 91(1):Defines the subdivision of bushfire prone land, for residential rural; residentialsubdivision and the construction of special protection purpose development,as integrated development which requires authorization under Section 1008of the Rural Fires Act 1997.

@ Australian Bushfire Protection Planners Pty LimitedTel. 612 43622112 I 612 43621 184

Email. abpo@biqoond. net.au

It,


(b) Rural Fires Act 1997The objectives of the Rural Fires Act are to provide

. The prevention, mitigation and suppression of fires;

. Coordination of bushfire fighting and prevention

. Protection of people and proper$ from fires; and

. Protection of the environment.

ln relation to bushfire planning for residential and rural residential subdivisionand special fire protection purpose developments in bushfire prone areas in

NSW, Section 1008 of the Act applies. Section 1008 provides for the issue, by

the Commissioner of the NSW Rural Fire Service, of a Bushfire Safety Authorityfor development which creates the subdivision of bushfire prone land for

residential and rural residential development and construction of special fireprotection purpose developments located within a Bushfire Prone Area.

An application for a Bushfire Safety Authority must be lodged as part of the

development application process and must demonstrate compliance with

Planning for Bushfire Protection 2006 and other matters which are considerednecessary, by the Commissioner, to protect persons, property and the

environment from the impact of bushfire.

In relation to the management of bushfire fuels on public and private lands within

NSW Sections 63(1) and 63(2) require public authorities and owners / occupiers

of land to take all practicable steps to prevent the occurrence of bushfires on, and

to minimize the danger of, the spread of bushfires.

(c) Rural Fires Regulation 2013.Section 44 of the Rural Fires Regulation 2013 relates to planning for new

residential, rural residential and special fire protection purpose developments in

bushfire prone areas in NSW and provides details of the matters that are required

to be addressed for the issue of a Bushfire Safety Authority under Section 1008of the Rural Fires Act.

(d) Threatened Species Conseruation Act 1995 (TSC Act).The TSC Act aims to protect and encourage the recovery of threatened species,

populations and communities as listed under the Act.

The TSC Act is integrated with the EP&A Act and requires consideration ofwhether a development or an activity (such as the implementation of hazard

reduction and asset protection) is likely to significantly affect threatened species,

populations and ecological communities or their habitat.11

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1.3.2 Planning Policies.Planning for Bushfire Protection - 2006 (Rural Fire Seruice).This document provides guidance on the planning and development controlprocesses in relation to bushfire protection measures for development in bushfireprone areas.

ln addition to the provisions of the Planning for Bushfire Protection 2006document, the Commissioner may determine, under Section 1008 of the RuralFires Act, additional measures for rural residential and residential subdivisionsand 'Special Fire Protection Purpose' development that are considerednecessary to protect the development against the impact of bushfire.

1.4 Documentation reviewed in this Assessment.The following documents were revíewed in the preparation of this report:

. Architectural Plans and Elevations of the proposed medium density residentialflat building prepared by Julie Cracknell & Peter Lonergan -Architects;. Aerial Photograph of the development site and adjoining land;

o Planning for Bushfire Protection 2006 prepared by the NSW Rural FireService;

. Australian Standard 453959 - 2009 - "Construction of Buildings in BushfireProne Areas";

o Rural Fires Act 1997;o RuralFires Regulation 2013;o North Sydney Council Certified Bushfire Prone Land Map.

1.5 Site lnspection.Graham Swain oÍ Australian Bushfire Protection Planners Pty Limited inspectedthe site on the 16th April 2015 to assess the topography, slopes and vegetationclassification within and adjoining the development site.

The inspection also examined the management of the vegetation on the adjoiningproperties to determine the actual extent of any vegetation within 100 metres ofthe development site which could lawfully be mapped as being bushfire pronevegetation.

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tz


SECTION 2DESCRIPTION OF DEVELOPNíENT SITE

2.1 Location & Description.The land within the development site consists of Lot 10 in DP 11908, No. 5624Miller Street, Cammeray.

Figure 7 - Location of the development site.

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The development site is irregular in shape and is located to the northwest of thelower section of Miller Street as shown on Figure 7 above.

l3

@ Australian Bushfire Protection Plannerc Pty LimitedTel. 61 2 43622112 I 612 43621 184

Email. abpp(@biopond. net. au


Figure 8 - Aerial Photograph showing location of Development Site.

Figure 9 - Enlarged Aerial Photograph showing location of DevelopmentSife,

I+

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2.2 Adjoining Land Use.The landuse adjoining the development site consists of residential developmentto the west and to the northeast.

The land beyond the Miller Street corridor, to the southeast contains residentialdevelopment.

The land to the northwest of the development site is vacant land within the FredHutley Reserve.

[Refer to Figure I - Aerial Photograph above].

2.3 Topography.Appendix 2 of Planning for Bushfire Protection 2006 states that slopes should beassessed, over a distance of at least 100m from a development site and that thegradient of the land should be determined which will most significantly influencethe fire behaviour to the site.

a) Within the Development Site.The land within that part of the development site which is occupied by theexisting building falls across a sandstone escarpment. From the bottom of theescarpment the land falls to the northwest towards the watercourse located to thenorth of the adjoining property located to the west.

b) Within 100 metres of the Developmenú Sr'úe.

The land within the Public Reserve falls to the northwest, following thewatercourse and increases to a gradient steeper than 18 degrees as it falls intothe tributary to Flat Rock Creek.

The land directly to the north of the development site falls to the north at 5 - 10degrees before descending across a rocky scarpline and vertical cliff line.

l5

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Figure 10 - Cadastre Plan showing contours.

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2.4 Vegetation.Appendix 42.3 of Planning for Bushfire Protection 2006 provides a methodologyfor determining the predominant bushfire prone vegetation for at least 140 metres

in all directions from the future development on the site. Vegetation is classifiedus¡ng Table 42.1 oÍ Planning for Bushfire Protection 2006, which classifiesvegetat¡on types into the following groups:

(a)

(b)

(c)

(d)

(e)

(f)

Foresfs [wet & dry sclerophyllforests];

Woodlands;

Plantations - being pine plantations not native plantations;

Forested Wetlands;

Tall Heaths;

Freshwater Heaths;1<

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(g) Shod Heaths;

(h) Alpine Complex;

(¡) Semi - arid Woodlands;

(j) Arid Woodlands; and

(k) Rainforests.

2.4.1 Vegetation within the Development Site.The development site contains landscaped gardens

2.4.2 Vegetation within 140 metres of the Development Site.The existing residential development on the land to the northeast and to the westof the development site contains landscaped gardens.

The vegetation within the Fred Hutley Reserve, to the north and northwest of the

development site, contains unmanaged dry/wet Sclerophyll Low Open Forest.

This is the only vegetation which presents a bushfire threat to the proposed

development.

2.5 Significant Environmental Features within the Development Site.The land within the development site does not contain significant environmentalfeatures such as SEPP 14 Wetlands, SEPP 44 Koala Habitat, SEPP 26 Littoral

Rainforests; land slip areas or National Parks Estate; areas of geological interest;

steep lands [>18 degrees] or riparian corridors.

2.6 Known Threatened Species, population or ecological communitywithin the Development Site.

There are no known threatened species, population or ecological communitywithin the development site.

2.7 Details and location of Aboriginal relics or Aboriginal place.There are no sites of Aboriginal heritage significance within the proposed

development site.

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17


SECTION 3PRECINCT LEVEL ASSESSMENT

3.1 lntroduction.The North Sydney Bushfire Prone Land Map records that the development sitecontains the buffer zone to the Category 2 Bushfire Prone Vegetation located on

the land within Public Reserve. Figure 11 below is an extract from the NorthSydney Bushfire Prone Land Map showing the Category 1 Bushfire ProneVegetation and Buffer Zone.

Figure 11 - Extract of the Cammeray City Bushîire Prone Land Map.

Legend: Yellow - Category 2 Bushfire Prone VegetationRed - 30m wide Buffer Zone to the Category 2 Bushfire Prone Vegetation

The inspection of the development site and adjoining lands eonfirmeci thatCategory 2 Bushfire Prone Vegetation does extend throughout the Fred HutleyReserve.

The vegetation within the Public Reserve presents, due to its vegetationformation and the fact that is located on a downslope from the development site,

a bushflre hazard to the proposed development. This is the only aspect of thedevelopment which is exposed to a bushfire hazard. All remaining aspects to theproposed development are not bushfire prone and the Bushfire Prone Land Maprecords the correct extent of bushfire prone vegetation.

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sEcTtoN 4BUSH FIRE PROTECTION ASSESSMENT

4.1 lntroduction.Section 44 of lhe Rural Fires Regulation 2013 requires that an application for aBushfire Safety Authority must include a bushfire assessment for the proposed

development (including the methodology used in the assessment) that addressesthe extent to which the development provides:

assef profection zones;

the siting and adequacy of water supplies for firefighting operations;

capacity of public roads to handle increased volumes of traffic during abushfire emergency;

whether or not public roads link with the fire trail network and have two wayaccess,'

the adequacy of access and egress for the purposes of emergency response;

the adequacy of bushfire maintenance plans and fire emergency proceduresand;

the construction standards to be used for building elements.

Planning for Bushfire Protectíon 2006 provides a methodology to determine theAsset Protection Zones and Bushfire Attack / Construction Standards required forhabitable buildings in development for residential purposes that are designatedas bushfire prone.

Section 4.2 of this report uses the methodology provided by Planning for BushfireProtection 2006 to determine the Asset Protection Zone required for theredevelopment of the existing medium density units. The remaining itemsidentified by SectÍon 44 oÍ the Rural Fires Regulation 2013 are examined in

Sections 4.3 - 4.6 of this report.

4.2 Determination of Asset Protection Zones - Proposed MediumDensity Residential Flat Building.

Appendix 2 of Planning for Bushfire Protection 2006 provides the followingprocedure for determining setback distances (Asset Protection Zones):

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(a) Determine vegetation formations as follows:. ldentify all vegetation in all directions from the site for a distance of 140

metres;

Consult Table AZJ to determine the predominant vegetation type; and

Select the predominant vegetation formation as described in Tablep.2.1.

(b) Determine the effective slope of the land under the predominantvegetation C/ass.

(c) Determine the appropriate fire [weather] area in Table A2.2.

(d) Consult Table A2.4 and determine the appropriate setback fAssefProtection Zonel for the assessed land use, vegetation formation ands/ope range.

Table 1 provides a summary of this assessment and the resultant widths of theAsset Protection Zones for the reconstruction of medium density resídential flatbuilding on the site.

Table 1. Determination of Asset Proteetion Zones - Residentia!Development. Fire Danger lndex [FDll for the site is 100

4.3 Assessment of Bushfire Attack (Construction Standards).The 2010 amendment of Appendix 3 of Planning for Bushfire Protection 2006provides the following procedure for determining bushfire attack on a buildingwithin a designated bushfire prone area:

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Aspect Vegetationwithin l¿l0m ofdevelopment

Predom¡nantVegetation

Formatlon Class[Table 42.1Planningfor

BushfrrePrcteclion 20061

Ef¡ect¡veSlope of

Land

Recommendedwidth of Asset

Protect¡on Zoneffrom Table 42.¡loÍ Planning îor

Bushfi¡eP¡oleclion 2O06

Compliance w¡thSpeciflcations of

Table 42,¡lPlanning |ot Bushfr¡e

Prþteclion 2006

Noñhwestand nodh

ofresidentialflat building

DrySclerophyllLow Open

Forest in thePublic

Reserve.

Forest 15 -20degrees

downslopeto the

northwest

60 metresNo - The

redevelopment ofthe residential flatbuilding does not

satisfy the requiredwidth of the AssetProtection Zone-

refer to Section 4.3below.

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(a) Determine vegetation formation types and sub-formations around thebuilding as follows;

(i) ldentify all vegetation types within 140 metres of the site using Keith

?oo4;(ii) Classify the vegetation formations as set out in Tables 42J in

Appendix 2; and(iii) Convert Keith to Specht classifications using Table 43.5 of

Appendix 3 [2010].

(b) Determine the separation distance between each vegetation formation andthe structure;

(c) Determine the effective slope of the ground for each vegetation group;

(d) Determine the relevant Fire Danger Index [FDl] for the Council areafrom Table 42.3 in Appendix 2;

(e) Match the relevant FDl, appropriate vegetation, distance and effectiveslope to determine the bushfire attack levels using the relevant tables ofA.S. 3959 - 2009 as indicated below:

(i)(ii)(i ii)

FDI 100 - Table A.2.4.2;

FDI 80 - Table A2.4.3; andFDI 50 - Table A.2.4.4.

There are four levels of bushfire construction which are accepted by the NSWRural Fire Service for the construction of residential buildings on existing lotswhich are identified as being bushfire prone. These are BAL 12.5; BAL 19;

BAL 29 and BAL 40 as defined by A.S 3959 - 2009.

Where more than one facade is exposed to a hazard, then the highestconstruction is required to that facade with the other facades being constructed toa level lower than the highest determined level of construction. All buildingslocated within 100 metres of bushfire prone vegetation must be constructed to aminimum standard of BAL 12.5.

Table 2 provides a summary of Bushfire Attack and the resultant constructionstandards to the building.

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Table 2 Bushfire Attack Assessment - Determination of ConstructionStandards to the proposed medium density flat development.Fire Danger lndex [FDll - 100

Assessmenú Resulús.'Note 1:The NSW Rural Fire Service, in reviewing an application to reconstruct themedium density residentiai development on the site will have eoRcerR over thepotential level of bushfire impact on the building, particularly due to the non-compliance with the Asset Protection Zone widths.

As the proposed development is for the demolition and reconstruction of theexisting building with a new building located within the same building footprintand located no closer the hazard than either the existing building or the adjoiningresidential flat buildings the proposed developrnent is considered to be 'infilldevelopment'.

Infill development recognises that the redevelopment of buildings approved priorto the gazettal on the 1"t August 2OO2 of the changes to the Environmenta!Planning & Assessment Act 1979 and the Rural Fires Act 1997 may not be ableto address the Asset Protection Zone widths as required to comply with Planningfor Bushfire Protection 2006, as is the case with this application.

For'lnfill Development' the NSW Rural Fire Service seeks to achieve a 'betterbushfire protection outcome' than currently exists.

The existing building, which is proposed to be demolished, does not comply withthe bushfire construction standards of Australian Standard A.S. 3959 - 2009 -Construction of Buildings in Bushfire Prone Areas'.

PredominantVegetation Glass

[Tabfe 42.1PîBP 20061

EffectiveSlope of

Land

Minimum widthof Asset

ProtectionZone

Provided

Level ofBushfireAttack

[Table A3.3 ofPBFP 2006I

GonstructionStandard in

accordance with4.S.3959

Aspect

Nofthwest Dry SclerophyllLow Open

Forest in theadjacent Public

Reserve

15-20degrees

downslopeto the

northwest

< 5 metres tothe north-

western cornerofthe new

building

> 40 kWm2BAL Flame

Zone bushfireconstructionstandards

required to thewestern and

northernelevations.

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Except for the glazed elements [windows and external doors], the external wallsof the new building will be constructed to comply with Type A construction as

defined by the Building Code of Australia with a fire rating of four [4] hours.

This satisfies Clause 9.4 IBAL Flame Zonel requirements pursuant to A.S. 3959

- 2009. The vents and weepholes in the external walls shall comply with Clause9.4.3 of A.S. 3959 - 2009.

To enable the external glazed windows and sliding glazed doors exposed to thehazard [western and northern elevations] to comply with the Flame Zoneclassification theses components of the building will be either:

1. BAL 40 certified windows and doors completely protected by fire ratedshutters that comply with Clause 3.7 of A.S. 3959 - 2009; or

2. Fire Rated windows and doors; or

3. The openable portion of the window shall be screened with a mesh with amaximum aperture of 2mm, made of conosion resistant steel or bronzeand the window sysfem has an FRL of -/30/- or the window systemcomplies with A.S. 1530.8.2 when tested from the outside.

External hinged doors shall comply with Clause 9.5.3 of A.S. 3959 - 2009

The roof construction shall comply with Clause 9.6.1 and Clause 9.6.3 of A.S3959 - 2009.

Eaves, fascias shall comply with Clause 9.6.4 of A.S. 3959 - 2009.

The glazed elements of the eastern and southern elevations, being the elevationswhich are not directly exposed to the bushfire hazard, shall be BAL 40 certified.

External handrails shall be non-combustible.

The door to the Garage shall comply with Clause 8.5.5 of A.S. 3959 - 2009.

TheseconstructionmeaSuresachieveabetterlevel@currentlv exist with the existinq buildino.

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4.4 Access Standards for Firefighting Operations.4.4.1 Adequacy of Public Roads.The proposed development has vehicular access onto Miller Street which is alocal public road constructed to standards which complywith Section 4.1.3(1) ofPlanning for Bushfire Prsteetion 2006 and is a two-way side road to the rnain

M il ler Street thoroug h-fare.

This road is not directly impacted by a fire event in the Public Reserve die to theprotection provided by the existing multistorey residential development.

4.4.2 Fire Trail Access to two-way Public Roads.The proposed development does not require the provision of a fire fightingaccess trail.

4.4.3 Emergency Response Access / Egress.Emergency access and egress to the proposed development is provided offMiller Street, via intemal pedestrian access. Pedestrian access is also availableto the rear of the building via external stairs located on the eastern side of thebuilding. These stairs are protected frorn di¡'ect bushfire impact.

4.5 Water Supplies for Firefighting Operations.A ratir-¡rlafor{ urafar errnnlrr ic arrailahlo fn fha c.ifo frnm a rnain ln¡afod in f\rlillareviri/¡,

Street. The proposed development provides for the extension of this service intothe building to provide a fire-fighting water service to each floor to address theprovisions of A.S 2419.1- 2005.

A hydrant booster assembly is provided for fire-fighting within the building. Thereshall be provided to the rear of the building a Millcock Valve [Hydrant] located soas to provide a hose connection point at ground level.

4.6 Emergency Management for Fire Protection.There is no requirement to implement emergency management systems to aid inthe protection of the building/occupants against the exposure to fires in the PublicReserve.

4.7 Bushfire Hazard Management.The management of the vegetation within the undeveloped portion of the siteshall be undertaken so as to minimise the fuel loads and to provide disconnectionof the tree canopy and landscaping.

Pedestrian access shall be provided to the rear of the property to permit landmanagement.

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4.8 Adequacy of Sprinkler Systems & other Fire Protection Measures.There are no bushfire sprinkler systems required or recommended.

4.9 Evacuation.The Environment Court, in the matter of the development of a medium densityresidential development at Gordon Crescent Lane Cove North, found that thetype of construction required to comply with the Building Code of Australia [BCA]provides sufficient protection to occupants and that evacuation of a medium

density residential complex located adjacent to a bushfire hazard will not be

required.

The Court also accepted that should an emergency occur which created the need

to relocate the occupants of the building adequate safe areas existed within thebuilding, including the basement carpark, so that external relocation would not be

necessary.

The redevelopment of the existing medium density residential development notonly improves the level of construction compared with the existing building but

also provides a safe route of egress from the building to an area which isprotected from direct bushfire impact.

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SECT¡ON 5BUSHFIRE MANAGEMENT STRATEGIES

Strategies to address the aim and objectives of Planning for Bushfire Protection2006 are as follows:

Strategy ,| - Bushfire Construction Standards to the proposed Building:The following construction standards shall be applied to the new building:

to the hazard [western and northern elevations] to comply with the FlameZone classification theses components of the building will be either:

1. BAL 40 ceftified windows and doors completely protected by fire ratedshutters that comply with Clause 3.7 of A.S. 3959 - 2009; or

2. Fire Rated windows and doors; or

3. The openable porlion of the window shall be screened with a mesh witha maximum apefture of 2mm, made of conosion resistant steel orbronze and the window sysfem has an FRL of -/30/- or the windowsysfem compiies with A.S. 1530.8.2 when testeci from the outsicie.

A.S. 3959 - 2009.

elevations which are not directly exposed to the bushfire hazard, shafl beBAL 40 certified.

2009.

Strategy 2 - Water Supplies for Firefighting Operations:There shall be provided to the rear of the building a Millcock Valve [Hydrant]located so as to provide a hose connection point at ground level.

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Strategy 3 - Landscaping:The landscaped gardens [including the northern portion of the site] shall bedesigned, planted and maintained so as to minimise ignition by burning embers.

The design shall generally conform to the requirements of an lnner ProtectionArea [refer to Appendix2 - A2.2 (vi) of Planning for Bushfire Protection 2006f. Asummary of these requirements is provided below:

€. Ensure that vegetation does not provide a continuous path to thebuilding;

.¡. Plant vegetation into clumps rather than continuous rows;

* Prune low branches two metres from the ground to prevent ground firefrom spreading into the tree canopies;

.3. Locate vegetation far enough away from the building so that plants willnot ignite the asset by direct flame contact or radiant heat emission;

{. Plant and maintain short green grass around the building or alternativelyprovide non-flammable pathways directly around the building;

* Ensure that shrubs and other plants do not directly abut the building

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sEcTtoN 6CONCLUSION

This report has been prepared for a Development Application seeking consent forthe demolition of an existinE multi storey medium density residential complex and

the erected of a new multi storey medium density residential flat building on Lot

10 in DP 11908, No. 562A Miller Street at Cammeray.

The development site is recorded on the North Sydney Bushfire Prone Land Map

to be located in the 30 metre wide buffer zone to the Category 2 Bushfire Prone

Vegetation within the Fred Hutley Reserve, located to the northwest and north ofthe development site.

The vegetation in the Reserve consists of Dry Sclerophyll Low Open Forest on

land that falls to the northwest into the tributary of Flat Rock Creek.

The proposed development consists of the redevelopment of the building on a lot

which was created prior to the gazettal of the amendments to the Environmental

Ptanning & Assessment Act 1979 and the Rural Fires Act 1997. ln accordance

with the provisions of Section 4.3 of Planning for Bushfire Protection 2006 theredevelopment of the site is deemed to be 'infill development'.

Due to the shape of the lot, the existing and proposed building is located within

the'flame zone' setback and therefore does not comply with the Asset Protection

Zone width as defined by Table A2.4 ot Planning for Bushfire Protection 2006.

However, for infill development the NSW Rural Fire Service seek to achieve abetter bushfire protection outcome to any new development on land that cannot

meet the prescribed width of Asset Protection Zone setbacks.

This report therefore investigates and provides recommendations on those

measures that shall be applied in the construction of the building to achieve abetter bushfire protection outcome than presently exits with the exiting buÍlding.

I confirm that the proposed development complies with the deemed-to-satisfyprovisions oÍ Planning for Bushfire Protection 2006.

Graham SwainManaging Director, Australian Bushfire Protection Planners Pty Limited.

10LO

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REFERENCES:

N.S.W Rural Fire Service - Planning for Bushfire Protection 200Qa

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N.S.W Rural Fire Service - Threatened Species Hazard Reduction List for theBushfire Environmental Code (2003);

Environmental Planning & Assessment Act - 1979;

Rural Fires Act - 1997;

Rural Fires and Environmenfal Assessment Legislation Amendment Act 200?'

Rural Fires Regulation 2013;

o NSW Rural Fire Service - Guideline for Bushfire Prone Land Mapping 2002;

Threatened Specr'es Conseruation Act 1995;

Native Vegetation Act;

Bushfire Environmenfal Asses sment Code 2006;

Building Code of Australia;

. Australian Standard A.S 3959-2009 "Construction of Buildings ,n BushfireProne Areas";

a No¡th Sydney Bushfire Prone Land Map.

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