152 Hastings Parade, North Bondi – Demolition of an existing dwelling and construction of a two storey detached dwelling with basement car parking and a swimming pool (DA-59/2010) Report dated 11 August, 2010 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Saved by: Councillor Kanak, seconded by Councillor Wakefield Reasons: Excavation, public amenity, ESD, adaptive reuse

Development Assessment Report Of Dwelling

Development Application No. DA-59/2010 Address 152 Hastings Parade, North Bondi Lodgement Date 22 February 2010

7 June 2010 (Amended plans submitted) Proposal Demolition of an existing dwelling and construction of a

two storey detached dwelling with basement car parking and a swimming pool.

Zoning and relevant controls Waverley Local Environmental Plan 1996 • 2(b) Residential – Medium Density Waverley Development Control Plan 2006

Owner Robert and Elizabeth Scott Applicant Mrs Elizabeth Scott Submissions Four (4) Amended plans Issues Height, FSR, setbacks, excavation, landscaping and

privacy Recommendation That the application be APPROVED in accordance with

the conditions contained within this report. Site Map

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1. PREAMBLE

1.1 The Site and its Locality The subject site is located on the north-eastern side of Hastings Parade, North Bondi. The site contains an irregular shape with a southern frontage to Hastings Parade of 15.2m, northern rear boundary with Williams Park Golf Course of 13.7m, south-eastern side boundary of 22.6m and north-western side boundary of 29.3m, providing a site area of 356.2m². The site contains a fall from the sites northern rear boundary which contains a rocky outcrop towards the sites southern frontage to Hasting Parade of approximately 1.6m. Existing on site is a part one (1) and two (2) storey free standing dwelling constructed from rendered brick and containing a pitched tiled roof at the sites frontage with Hastings Parade and a flat metal roof located at the rear of the dwelling. The site also contains a garage constructed on the north-western side boundary of the site, in close proximity to the southern frontage to Hastings Parade. A second garage is setback in line with the dwelling and is constructed along the south-eastern boundary of the site. Surrounding the site are a mixture of residential developments, while the Williams Park Golf Course is located directly north (to the rear) of the site. Located on the north-western side of the site at No. 150 Hastings Parade is a single storey detached dwelling constructed of rendered brick and containing a pitched tiled roof. Located on the south-eastern side of the site at No. 154 Hastings Parade is a part two and part three storey residential flat building which contains six units located on two levels, with garages located at the lower ground floor level.

1.2 Background DA-59/2010 – Meeting held between the applicant and Council officers to discuss three main issues i.e. new roof terrace, proposed excavation for the garage and height of the privacy wall along the south eastern side of the swimming pool. The applicant amended the proposal and following comments have been provided to the issues raised above. • The proposed roof terrace is considered likely to result in unreasonable privacy impacts to

neighbouring residential developments and therefore cannot be supported.

Comment: The amended plans have deleted the proposed roof top terrace and all associated access to the roof top. This issue has been satisfied.

• The proposed excavation associated to the basement car parking is considered excessive

and unnecessary. The applicant should consider reducing the amount of excavation associated to the basement car parking or alternatively provide supporting documentation regarding the proposed vehicle turning bays.

Comment: The amended plans have marginally reduced the level of excavation and the proposed vehicle turning bay has been retained. To support the proposed excavation the applicant has provided a letter from a traffic engineer indicating that the proposed turning bays are the minimum dimensions required to enable vehicles to manoeuvre internally and exit the basement car park in a forward direction.

• The height of the privacy wall located along the south-eastern side of the swimming pool is

considered to result in unreasonable solar and view impacts to the adjoining residential flat building at 154 Hastings Parade. The privacy wall is to be lowered to contain a maximum height consistent with the existing height of the flat metal roof located at 152 Hasting Parade.

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Comment: The amended plans have lowered the height of the proposed privacy wall to RL34.28 which will not result in an increase to the existing height of the rear two storey component of the existing dwelling. This matter is discussed further in this report.

1.3 Proposal Description

The proposal provides for the demolition of an existing part one (1) and part two (2) storey detached dwelling and the construction of contemporary design two (2) storey flat roof dwelling with basement car parking and a swimming pool. The proposed new dwelling and associated works are summarised as follows: Basement car parking: • Containing two (2) car spaces and turning bay; and • Internal access stair to the ground floor of the dwelling. Ground floor • New formal front entry stairs located in the south-western corner of the site with the

basement driveway adjacent; • An entry lobby, stair and open plan kitchen, dining and living areas; • Guest bedroom with a guest bathroom; and • The rear of the ground floor contains significant glazing in the form of bi-fold and sliding

doors. First floor • Large first floor void and landing with a study incorporated; • Master bedroom with walk-in robe, en-suite and balcony located at the rear of the floor; • Two (2) bedrooms both with balconies located at the rear of the first floor; and • Children’s bathroom, rumpus located off the bedrooms and a narrow front balcony. Associated works • Removal of an existing tree located at the sites frontage to Hastings Parade; • Swimming pool set 1.1m off the south-eastern side boundary, measuring 2.5m x 11.6m; • New north-western side entry/path with soft landscaping provided, and access to the

ground floor laundry. • Removal of the rocky outcrop located along the rear boundary of the site to provide for

additional soft landscaping and the new swimming pool; • New landscaping provided to the south-eastern frontage of the site with Hastings Parade

and landscaping provided along the south-eastern side of the site; and • Installation of an underground rectangular shaped rainwater tank in the front setback of

the dwelling.

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

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2.1 Section 79C(1)(a) Planning Instruments.

2.1.1 Waverley Local Environmental Plan 1996 Clause 3 – Specific Aims, Clause 10 – Zone Objectiv es and Clauses 21-26 – Environmental Considerations The site is zoned 2(b) Residential – Medium Density under the Waverley Local Environment Plan (LEP) 1996. The proposed demolition of the existing dwelling and construction of a two (2) storey dwelling with basement car parking and a swimming pool is considered to satisfy the Specific Aims and Objectives in the Waverley LEP. The proposal is considered unlikely to result in unreasonable environmental impacts and therefore is considered to satisfy clauses 21-26. Part 4 - Heritage Provisions The site is not heritage listed and not located within a heritage conservation area in the Waverley LEP 1996. The proposed new dwelling is considered acceptable with regards to Part 4 –Heritage Provisions of the Waverley LEP 1996. The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed.

2.1.2 Waverley Development Control Plan 2006, Part D1 – Dwelling House & Dual Occupancy Development

COMPLIANCE CHECK Control Standard Proposed Compliance Height • Flat roof Max. – 7.5m Front - 8.0m - 8.6m

Rear – 6.9m Generally Yes

Excavation • Max. 3m depth • Max. 50% of footprint • Min. side boundary

setback 1m

• 2.9m • 84% • 900mm

Yes No No

Floor Space Ratio (Site Area 356.2m²)

• 0.7:1 (249.34m²)

• 1.08:1 (386.17m² including basement)

No

Setbacks • Side 1200mm to 900mm

• Front and rear est. building line

• 900mm • Front and rear retain

est. building line

No/Yes Yes

Front fencing • 1.2 metres • 800mm Yes Elevated external decks

• 10sqm in area • 1.5m depth

First floor balconies Hastings Parade frontage • 11.9m² • 800mm First floor bedrooms • 5.9m² • 1.0m First floor master bedroom • 10.8m² • 1.6m

No Yes Yes Yes No No

Vehicular Access and Parking

• 2 spaces • Dimensions

(5.5 m × 2.5m) • Behind building

• 2 spaces • 6m x 6m • Incorporated into

Yes Yes Yes

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setback building design. Landscaping • 40% of site area

• 15% of site as soft • 50% of front lands. • 50% of front lands.

as soft • On-site retention

required

• 41% • 26% • >50% of front lands • >50% as soft • Provided and

condition of consent

Yes Yes No No Yes

Height The proposed dwelling contains maximum height of 8.0m on the south-eastern elevation and 8.6m on the north-western elevation. The proposed maximum heights are 500mm and 1100mm non-compliant with Council’s maximum flat roof height control of 7.5m. The non compliance in height is located towards the front part of the dwelling, which is as a result of the slope of the land towards the front. This non compliance is only for a small portion of the dwelling and considered unlikely to result in unreasonable loss of light or overshadowing on neighbouring properties. Having regard to the existing streetscape and context the proposed building height is not considered to be excessive and a variation is supportable on merit. Excavation The proposed basement car parking facilities provide a non-compliance with Council’s maximum building footprint control of 50% and the minimum side setback requirement of 1m. The proposed excavation associated with the basement car park represent 83% of the proposed building footprint which does not numerically comply with the policy control. However as the vast majority of the excavation is associated with vehicular and residential access and vehicle turning bays which enable vehicles to exit the basement car park in a forward direction, the proposed non-compliant excavation is supported in this instance. Given that the proposed basement is entirely located under the footprint of the dwelling it does not add to the bulk of the dwelling and therefore considered acceptable. The proposed basement car park also proposes 900mm side setbacks for the excavation which breaches Council’s excavation setback control of 1m. Despite the non-compliance, given the setbacks of surrounding buildings and the stringent conditions of consent which require detailed geotechnical reports which address the stability of the site and surrounding properties, the proposed 900mm side setbacks for excavation are considered acceptable and supported in this instance. Floor Space Ratio The proposed two storey dwelling results in a non-compliant FSR of 1.08:1 which is non-compliant with Council’s FSR control of 0.7:1. Despite the proposed non-compliant FSR, it is recognised that majority of the floor space (i.e. 95 sqm) is located in the basement car parking, which primarily consists of vehicle access and vehicle turning bays and only 40sqm is above ground level. Whilst it is acknowledged that there is a prescriptive non-compliance with the FSR control, the additional FSR (i.e. 40sqm) above ground level is supported as the proposed dwelling is considered to be of an acceptable bulk and scale, and is commensurate with the surrounding developments. The proposed bulk and scale is compatible with the residential developments surrounding the site and will not detract from the existing streetscape and character of the area.

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Setbacks Council’s DCP setback controls specify that where a proposed single dwelling breaches the maximum height control a side setback of 1200mm should apply. As indicated in the previous section discussing height, the proposed dwelling contains a non-compliance with Council’s height control for small portion of the dwelling which is situated at the sites Hastings Parade frontage, which is partially a result of the gradient fall from the rear of the site towards the sites frontage with Hastings Parade. Therefore as the height non-compliance is limited to the front portion of the dwelling which is not considered to result in unreasonable amenity impacts on surrounding buildings, enforcing a 1200mm side setback for the dwelling is considered unreasonable in this instance. The proposed 900mm side setbacks are considered acceptable with regards to the objectives of the setback controls. The proposed front and rear building lines are considered to reinforce the predominant building lines of buildings within the vicinity of the site and are supported. Elevated External Decks The proposed dwelling contains a number of elevated external decks. The proposed front balcony located on the first floor at the dwellings frontage with Hastings Parade contains a non-complaint total area of 11.9m², which is 1.9m² non-compliant with Council’s controls. However as the balcony contains an 800mm width and is located at the dwellings frontage to Hastings Parade, the proposed balcony is not considered to result in unreasonable visual or acoustic privacy impacts on surrounding residential buildings. The proposed balcony located off the first floor master bedroom contains a maximum area of 10.8m² and width of 1.6m, both of which are non-compliant with Council’s controls. However as the balcony contains 1.8m high privacy screens on the north-western and south-eastern sides and the balcony is located off a bedroom which is considered a low intensity use, the proposed balcony is not considered likely to result in unreasonable visual of acoustic privacy impacts to neighbouring residential buildings. The proposed numerically non-compliant balconies have been considered with regards to Council’s controls and are supported as they are considered unlikely to result in unreasonable visual or acoustic privacy impacts to surrounding residential developments. Landscaping Despite the numerical non-compliance with Council’s front landscaping controls the proposed dwelling is considered to result in an improvement to the existing streetscape. During the site visit it was noted that the existing dwelling provides an undesirable streetscape presentation which is dominated by garaging located forward of the front building line and a poorly expressed residential entry. The proposed dwelling provides for the demolition of the existing garages, incorporates car parking into the design of the dwelling, provides a clearly identifiable residential entry and reinforces the contemporary design features with the materials and finishes. Despite the proposed dwellings positive streetscape contributions, the proposed dwelling fall short of front landscaping as required by Council’s DCP. The proposal provides for a small amount of landscaping located in the south-western and north-western corners of the Hastings Parade frontage. The proposed non-compliant front landscaping is considered acceptable in this instance as the proposal provides for a more appropriate streetscape response to the locality.

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Swimming Pool The proposed siting and location of the swimming pool has been considered with regards to Councils swimming pool policy and is considered acceptable.

2.1.3 Other Matters Streetscape The proposed contemporary designed dwelling addresses the character of the locality in regards to the bulk and scale of adjoining developments and reflects the varied streetscape character of Hastings Parade. The proposed two storey contemporary designed dwelling is supported with regards to streetscape and visual impact considerations. Privacy Windows and Balconies To protect the visual privacy of the residence located on the north-western side of the site the large windows to the ground and first floor staircase are to be constructed from translucent glazing, this has been included as a condition of consent. The remainder of the proposed windows and balconies to the two storey dwelling are considered to be of a domestic scale and unlikely to result in unreasonable privacy impacts to neighbouring residential developments. Privacy Wall The original and amended proposal provides for the construction of a privacy wall along the south-eastern side of the dwelling which is setback 900mm from the south-eastern side boundary and located parallel to the swimming pool. The privacy wall is considered essential to protect the visual privacy of the proposed dwelling given the use of extensive glazing at the rear ground floor living areas, first floor bedrooms, and location of private open space at the rear of the dwelling. The proposed privacy wall will protect those areas from overlooking from existing windows at the adjoining residential flat building at 154 Hastings Parade. The original proposal contained a rear privacy wall with heights ranging from 6.8m-7.0m constructed to a maximum RL 34.950. The amended plans have reduced the wall height to 6.1m-6.3m constructed to a maximum RL 34.280 (reducing the overall height of the privacy wall by 670mm). Despite the reduced height of the privacy wall, the wall is still considered to provide adequate visual privacy for the ground floor living areas, first floor bedrooms and private open space. The proposed privacy wall height of RL 34.280 is consistent with the existing height of the flat roof at the rear of the existing dwelling. As such the proposed privacy wall is not considered to result in additional visual or solar access impacts to the neighbouring residential flat building at 154 Hastings Parade. The proposed privacy wall has been considered with regards to protecting the visual privacy of the proposed two storey dwelling and potential visual impacts on the neighbouring property at 154 Hastings Parade, and is considered acceptable for the reasons discussed. Overshadowing and Solar Access The proposed two storey dwelling retains the established front and rear building lines. Whilst the proposed dwelling contains non-compliant maximum height at the dwellings frontage to Hastings Parade, the overshadowing falls primarily over the street and front setback of the neighbouring residential flat building at 154 Hastings Parade.

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The proposed overshadowing caused by the rear of the dwelling is considered acceptable as the proposal complies with Council’s maximum height and minimum setback controls. Ecologically Sustainable Development (ESD) The applicant has submitted a BASIX Certificate that demonstrates compliance with State regulated energy efficiency and water conservation targets. The proposed dwelling is considered acceptable with regards to ESD principles. Safety and security The proposed two storey dwelling is considered acceptable with regards to safety and security.

3 REFERRALS

3.1 Internal Technical Services The application was internally referred to Council’s Technical Services division for comments regarding vehicular access and storm water treatment. The recommended conditions of consent have been included in this report. Tree Management Officer The application was internally referred to Council’s Tree Management Officer, who indicated that proposal is acceptable provided conditions of consent are included in the event of approval. The recommended conditions of consent have been included in this report. Section 79C(1)(b) - The likely impacts of that deve lopment, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposal is considered to have an acceptable impact on the natural and built environment, and no unacceptable social or economic impacts are expected as a result of the proposed works. Section 79C(1)(c) - The suitability of the site for the development. The proposal has been considered with regards to Section 79C1(c) and the site is considered suitable for the proposed development.

4. PUBLIC SUBMISSION

The amended application was notified for 14 days in accordance with Waverley Development Control Plan 2006, Part C3 – Advertised and Notified Development and four (4) submissions were received. The issues raised in the submission are summarised and discussed below.

Property Location Summary of Objections

154 Hastings Parade (joint submission)

South-eastern adjoining

• Potential damage from proposed excavation.

• The proposed dwelling is not in keeping with the streetscape.

• Loss of sunlight.

• Loss of privacy from proposed windows.

• Heritage significance of the street.

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2/154 Hastings Parade South-eastern adjoining

• Visual and shadow impacts from proposed dwelling.

• The proposed privacy will reduce solar access to the unit.

• Rear first floor balcony will have amenity impacts.

5/154 Hastings Parade South-eastern adjoining

• Privacy wall is unnecessary high and should be reduced to 1 storey in height.

• Proposed dwelling results in loss of light, views and outlook from north facing windows of the apartment.

• Rear first floor balcony will have amenity impacts.

• The proposed dwelling should be reduced by 0.6m across the site to reduce visual bulk impacts.

6/154 Hastings Parade South-eastern adjoining

• Proposed dwelling is not keeping with the desired future outcomes for the area.

• Excessive excavation effects stability of neighbouring sites.

• Privacy wall is too high and it restricts ventilation and light.

• Plans indicate no deep soil planting.

• Internal floor to ceiling heights could be lowered to reduce overall height of the dwelling.

154 Hastings Parade Issue: Potential damage from proposed excavation. Comment – See section 2.1.2 Waverley DCP – Excavation of this report, in addition conditions of consent have been included to protect the structural integrity of surrounding buildings during excavation. Issue: The proposed dwelling design is not in keeping with the streetscape. Comment – See section 2.1.3 Other Matters – Streetscape and Character Study Area of this report. Issue: Loss of sunlight. Comment – See section 2.1.3 Other Matters – Overshadowing of this report. Issue: Loss of privacy from proposed windows. Comment – See section 2.1.3 Other Matters – Privacy of this report. Issue: Heritage significance of the street. Comment – See section 2.1.1 Waverley LEP – Part 4 Heritage Provisions of this report. The subject site is not heritage listed or located within a heritage conservation area. 2/154 Hastings Parade Issue: Overshadowing from proposed dwelling and visual impacts from the proposed rear privacy wall. Comment – See section 2.1.3 Other Matters – Privacy of this report.

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Issue: Rear first floor balcony will have amenity impacts. Comment – See section 2.1.2 Waverley DCP – Elevated External Decks of this report. 5/154 Hastings Parade Issue: Privacy wall is unnecessarily high and should be reduced to 1 storey in height. Comment – See section 2.1.3 Other Matters – Privacy of this report. Reducing the proposed privacy wall to 1 storey in height is considered to substantially reduce the visual privacy of the subject site and likely to result in windows from 154 Hastings Parade having opportunities to overlook internal areas of the rear ground floor and private open space of the proposed dwelling. As the proposed privacy wall retains the height of the existing wall at the rear of the dwelling, the proposed privacy wall is not considered to result in additional unreasonable impacts to the neighbouring residential flat building. Issue: Proposed dwelling results in loss of light, views and outlook from north facing windows of the apartment. Comment – See section 2.1.3 Other Matters - Overshadowing and Privacy of this report. Issue: Rear first floor balcony will have amenity impacts. Comment – See section 2.1.2 Waverley DCP – Elevated External Decks of this report. Issue: The proposed dwelling should be reduced by 0.6m across the site to reduce visual bulk impacts. Comment – See section 2.1.2 Waverley DCP – Height of this report. 6/154 Hastings Parade Issue: Proposed dwelling is not keeping with the desired future outcomes for the area. Comment - See section 2.1.3 Other Matters – Streetscape and Character Study Area of this report. Issue: Excessive excavation effects stability of neighbouring sites. Comment - See section 2.1.2 Waverley DCP – Excavation of this report, in addition conditions of consent have been included to protect the structural integrity of surrounding buildings during excavation. Issue: Privacy wall is too high and it restricts ventilation and light. Comment – See section 2.1.3 Other Matters – Privacy and Overshadowing of this report. Issue: Plans indicate no deep soil landscaping. Comment – The proposed dwelling has been assessed with regards to on site deep soil (soft) landscaping and the proposal is considered to comply with Council’s numeric control for soft landscaping. Issue: Internal floor to ceiling heights could be lowered to reduce overall height of the dwelling. Comment – The proposed internal floor to ceiling heights are not considered excessive and are representative of a domestic detached dwelling development. The proposed overall maximum height of the dwelling is discussed in further detail in section 2.1.2 Waverley DCP – Height of this report. Section 79C(1)(e) - The public interest. The proposal is considered in the public interest.

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5. DEVELOPMENT AND BUILDING UNIT REVIEW The DBU gave consideration to the proposal having regard to the matters under Section 79C of the Act. This included the issues raised in submissions to the application and the provisions of Council’s Development Control Plan.

The DBU reviewed the proposal and noted that the proposal has been amended to address issues in relation to privacy from roof top terrace, building height and view sharing.

The DBU noted that whilst the FSR of the dwelling exceeds Council’s controls, the proposed bulk and scale of the dwelling is compatible with the surrounding existing developments in the area and is unlikely to create an undesirable precedent in the street. The excess floor area is largely contained within the basement level and does not unreasonably impact on the bulk and scale of the development. The height of the building whilst strictly not complying with the prescriptive requirements of the code is considered acceptable given that the height is well below the maximum height limit at the rear and that majority of the building is compliant with building height. The non compliance is only towards the front of the dwelling, which is as a result of the slope of the land. The height of the wing wall on the south eastern elevation has been lowered so as to be no higher than existing wall and therefore any additional impact is considered to be minimal. The bulk and scale of the dwelling is considered to be acceptable taking into account the existing adjoining two storey residential flat building on the south eastern side and other existing dwellings located on the north western side. With regard to privacy it is noted that the applicant has deleted the roof top terrace initially proposed with the application and minimal window openings have been planned on the side elevations, which may result in overlooking and privacy impact. Having regard to the above it is considered that the proposal is satisfactory and the application is recommended for approval subject to the conditions given in the report.

6. RECOMMENDATION That Development Application No. 59/2010 at 152 Hastings Parade, North Bondi for the demolition of an existing dwelling and construction of a two (2) storey dwelling with basement car parking and a swimming pool be approved by the Development and Building Unit, subject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Drawing Nos. 1, 2, 3, 4 and 5 all Job No. 2904, prepared by Andre Baroukh

and Associates Architects, dated 04-06-10, and received by Council on 7 June 2010, (b) Concept Landscape Drawing No. 6 Job No. 2904, prepared by Andre Barouke Architects,

dated 08-02-10, and received by Council on 22 February 2010; (c) BASIX Certificate; and (d) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance

with the SWRMP Checklist of Part G1, Waverley DCP 2006. Except where amended by the following conditions of consent.

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2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) The large rectangular shaped windows to the ground and first floor staircase are to be

constructed with fixed translucent glazing, to protect the visual privacy of 150 Hastings Parade, North Bondi; and

(b) The proposed roof over the rear first floor balcony is to have a maximum RL 34.650 to

reduce visual bulk and constructed in accordance with the sketch plan submitted to Council on 18 June 2010.

The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

3. INSTALLATION OF AIR CONDITIONING

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

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

(regardless of whether any door or window to that room is open): (i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or (ii) before 7.00am and after 10.00pm on any other day.

(f) Not provide noise emissions that exceed 5dBA above the ambient background noise level measured at the property boundary at any other time outside of (e).

4. USE OF DWELLING

The premises are to be used only as a single dwelling house.

5. SWIMMING POOLS The following requirements apply to the use and operation of the approved pool: (a) The pool water being treated by an approved water treatment and filtration unit. (b) The pool is to be fitted with a cover, that shall be fitted when the pool is not in use to

minimise evaporation and conserve water. (c) To prevent noise nuisance to surrounding properties, the pool filtration motor and pump

unit is to be housed within a ventilated soundproof enclosure.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIF ICATE

6. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following:

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(a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:

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

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

has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

(c) Should a section 96 modification result in any change to the total cost of the work, the

Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

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

of the development.

7. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $10,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work. This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

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

9. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until:

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

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

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

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

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

of a Construction Certificate and to be the Principle Certifying Authority.

10. GEOTECHNICAL ENGINEERS REPORT A geotechnical report, regarding the stability of the subject site and stating that damage

should not occur to any adjoining premises as a result of the proposed bulk excavation, driven type piles and shoring works, is to be submitted to the Principal Certifying Authority, Council and the owners of adjoining premises. The report is to be submitted prior to the issue of a Construction Certificate and commencement of any such works on the site.

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

12. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

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

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14. CONSTRUCTION VEHICLE PLAN OF MANAGEMENT Submission of a "Construction Vehicle Plan of Management" for the routing and control of construction vehicles accessing and exiting the site. Such plan to address the hours of operation, the employees' vehicles, holding areas for vehicles wanting to access the site and truck works and provide a means of ensuring vehicular and pedestrian access to adjoining resident's properties for the duration of the works. The "Construction Vehicle Plan of Management" is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, remediation or construction on the site.

15. STORMWATER MANAGEMENT Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No. 4) - Part G4 prior to the issue of a Construction Certificate. Orifice diameter must be between 70mm and 90mm.

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

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

18. BASIX

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

19. TREE PLAN All trees and shrubs on the subject or neighbouring properties identified for retention and within 7.5m of the building work are to be provided with a tree guard and a notice on each guard indicating "This tree is the subject of a Tree Preservation Order by Waverley Council." This notice is to be in place prior to commencement of any building or demolition work. Only trees with the approval of Council for removal may be removed from the site.

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There are no trees to be retained on this site

• Trees to be removed Species Location Action Banksia sp Front of residence, south eastern corner Remove and replace The replacement tree must be replaced with a local native tree species of a minimum container size of 45 litres and shall be maintained until they attain a mature height of at least six (6) metres, whereby they will be protected by Council’s Tree Preservation Order.

Trees shall not be tied to stakes unless support is essential. All advanced trees are to be planted in holes at least 450mm square and 450mm deep, containing good quality soil and humus. In lawn areas, grass is too kept back for a radius of at least 450mm from stems and trunks, a depression should be formed for the collection of water and the area mulched. Woodchip mulch is to be installed to a depth of 75-90mm to all mass planted garden areas and around the base of trees in lawn areas. The mulch should be kept at least 50mm away from plant stems to reduce the risk of collar rot. If the replacement trees are found to be faulty, damaged, dying or dead before being protected by Council’s Tree Preservation Order the tree/s shall be replaced with the same species at no cost to Council.

20. AMENDED LANDSCAPE PLAN The Landscape Plan is to be amended by the following changes: (a) All plants are to be local native species; (b) There is to be provision of deep soil planting areas a minimum of 2 metres wide and 9

metres long that can facilitate the planting of small trees/large shrubs to 4 metres or more; and

(c) A feature tree is to be planted at the front of the property in the south eastern corner.

Appropriate space is to be allowed so that it can be planted no closer than 1m from any structure.

The amended landscape plan is to be submitted to Waverley Council’s tree management officer with the plans for the Construction Certificate.

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

nominated perimeter.

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C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

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

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

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

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

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

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

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

27. OBSTRUCTION TO PUBLIC AREAS

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

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a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected; the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and (a) a hoarding, fence or awning is to be removed when it is no longer required for the

purpose it was provided.

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

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

30. DILAPIDATION REPORT

A dilapidation report prepared by a practising Structural Engineer shall be submitted to the Principal Certifying Authority, Council and the owners of the adjoining properties at 150 and 154 Hastings Parade, North Bondi prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external), including ancillary structures located upon the adjoining properties at 150 and 154 Hastings Parade, North Bondi.

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

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32. DEMOLITION & SITE PREPARATION Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the DECC, and with the provisions of: (a) New South Wales Occupational Health and Safety Act, 2000; (b) The Occupational Health and Safety (Hazardous Substances) Regulation 2001; (c) The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001; (d) Protection of the Environment Operations Act 1997 (NSW) and (e) DECC's Environmental Guidelines; Assessment, Classification and Management of Liquid

and Non Liquid Wastes (1999).

33. DEMOLITION REQUIREMENTS Following demolition activities the soil must be tested by a person with suitable expertise, to ensure the soil lead levels are below acceptable health criteria for residential areas. The soil investigation being carried out in accordance with the NSW DECC's "Guidelines for Consultants Reporting on Contaminated Sites". An approved NSW DECC Auditor, in accordance with the NSW DECC's "Guidelines" shall issue a Site Audit Statement at the completion of the investigation, for the NSW Site Auditor Scheme.

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

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

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

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

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

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

Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

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

construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and (c) On the Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

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

Operations (Noise Control) Regulation 2000.

40. USE OF HEAVY EARTH MOVEMENT EQUIPMENT Excavation works involving the use of heavy earth movement equipment including rock

breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday.

41. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.

42. BUILDING CODE OF AUSTRALIA All building work must be carried out in accordance with the requirements of the Building Code of Australia.

43. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (DWEL LING HOUSES CLASS 1 AND 10

The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 1 and 10 building: (a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building.

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

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

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

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

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

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

47. ENCROACH BEYOND THE BOUNDARIES No portion of the proposed new two (2) storey dwelling including the footings and roof is to encroach beyond the boundaries of the subject property.

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

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

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50. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER Bulk excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate.

51. EXISTING VEHICLE CROSSINGS IS TO BE CLOSED The existing vehicle crossing near the south eastern boundary of the site is to be closed and all work associated with the closure is to be carried out with the approval of, and in accordance with, the requirements of Council Technical Services department.

52. EXISTING VEHICLE CROSSING IS TO BE MODIFIED The existing vehicle crossing is to be modified to provide access to the proposed garage. A separate application is required for the modified vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council. Modified vehicle crossing to be Wheel Strips instead of full width Concrete Driveway wherever feasible.

53. VEHICULAR ACCESS - FINISHED LEVEL The finished level at the property boundary on both sides of the vehicle crossing is to match the level of the existing concrete footpath.

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

55. CONSTRUCTION OF SWIMMING POOLS The following applies to the construction of swimming pools: (a) Reinforcement is to be inspected by an Accredited Officer or other suitably qualified

person prior to the pouring of concrete; (b) The electrical wiring system for any proposed underwater artificial lighting installation to

the pool being installed in accordance with the requirements of Australian Standard 3000, Part 1 - Wiring Rules;

(c) The finished level of the proposed pool is not to exceed a maximum height of 300mm

above the existing natural ground level; (d) To minimise the likelihood of accidental drowning, the swimming pool is to be provided

with a child resistant safety fence, designed and constructed in accordance with the requirements of Australian Standard 1926-1993 "Fencing for Private Swimming Pools". This fencing is to be erected and inspected by the Principal Certifying Authority prior to the pool being filled with water; and

(e) A final inspection of the completed pool is to be carried out by the Principal Certifying

Authority prior to the pool being filled with water.

56. POOL DRAINAGE Waste waters from the proposed pool being discharged into Sydney Water's sewerage system and in this regard, approved plans MUST be submitted to Sydney Water at least fourteen (14) days prior to commencement of building operations.

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D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPAT ION

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

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