Application number DA-162/2015 Site address 34 Carrington Road, WAVERLEY Proposal Complete demolition and construction of two storey attached dual occupancy and Torrens title subdivision Date of lodgement 1 May 2015 Owner Mr R Bashour and Mr W Bashour Applicant Christopher Jordan Architecture + Design Submissions Six Cost of works $600,000 Issues Minimum subdivision lot size, building wall height, solar access, car parking and issues raised in submissions Recommendation That the application be APPROVED Site Plan 49
Transcript
Application number DA-162/2015
Site address 34 Carrington Road, WAVERLEY
Proposal Complete demolition and construction of two storey attached dual occupancy and Torrens title subdivision
Date of lodgement 1 May 2015
Owner Mr R Bashour and Mr W Bashour
Applicant Christopher Jordan Architecture + Design
Submissions Six
Cost of works $600,000
Issues Minimum subdivision lot size, building wall height, solar access, car parking and issues raised in submissions
Recommendation That the application be APPROVED
Site Plan
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1. PREAMBLE
1.1 Site And Surrounding Locality A site visit was carried out on 8 July 2015. The site is identified as Lot 1 in DP 308485, known as 34 Carrington Street, Waverley. The site is rectangular in shape with a front (west) boundary measuring 10.668m and length of 42.672m. The site has an area of 455.2m2 and has a slight fall from the west to the east of 920mm. The site is occupied by a single storey dwelling and a rear metal shed. The site has no vehicular access. The subject site is adjoined by a single storey semi-detached dwelling to the north (no.32 Carrington Road), which is the end dwelling of a row of seven attached terraces. The site is also adjoined to the north by the rear boundary of three semi detached dwellings (1, 3, and 5 Salisbury Street). Adjoining the site to the south is a two storey brick Federation building listed as a heritage item in WLEP 2012 and used as a boarding house. The rear of the site adjoins the side boundary of no.2 Zarita Avenue, occupied by a single storey dwelling house. Carrington Road contains a mixture of land uses including residential development, education facilities and healthcare uses. Opposite the site is War Memorial Hospital, to the north of the site is Waverley College and to the south west St Clare’s College and St Charles School.
Figure 1: Site viewed from the front
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Figure 2: Site viewed from Carrington Road
Figure 1: Rear yard of subject site
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1.2 Relevant History Site history: Council’s records do not indicate any pervious relevant development applications Application history: The applicant submitted amended plans on 31 July 2015, re-locating the front entry door to each unit to face the street, situated 1.1m behind the garage door. An entry portico with steel gate in front of each front door is also provided, located 300mm in front of the garage doors. The entry corridor to the unit is extended as a result of the front door location changing. The amended plans were not re-notified as there is not considered to be any increase in environmental impact to adjoining properties as a result of the minor modification to the plans.
1.3 Proposal The application proposes the demolition of the existing dwelling and construction of an attached dual occupancy development with Torrens title subdivision. Details of the proposal are as follows:
Demolition of the existing dwelling and rear shed,
Removal of 21 trees from the subject site, including one street tree,
Construction of an attached two storey with attic dual occupancy, each unit has a similar layout consisting of:
o The ground floor comprises single car garage, WC, open plan kitchen, dining and living room and rear covered deck,
o The first floor comprises three bedrooms, two bathrooms and a lounge room, o The attic level contains a bedroom with ensuite and rear first floor balcony, o The front facade of each unit has a slight variation in design.
Torrens title subdivision into two lots, each with an area of 227.6m2 and frontage of 5.334m,
Stormwater management including rainwater tank and OSD system
Landscaping of the site.
2. ASSESSMENT The following matters are to be considered in the assessment of this development application under section 79C of the Environmental Planning and Assessment Act 1979 (the Act).
2.1 Section 79C (1)(a) Planning Instruments and Development Control Plans The following is an assessment against relevant legislation, environmental planning instruments, including State environmental planning polices (SEPPs) and development control plans.
2.1.1 SEPP (Building Sustainability Index – BASIX) 2004 A BASIX Certificate has been submitted with the development application, for each dwelling in the dual occupancy. The BASIX Certificate lists measures to satisfy BASIX requirements which have been incorporated into the proposal. A standard condition is recommended ensuring the measures detailed in the BASIX Certificate are implemented.
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2.1.2 SEPP Infrastructure 2007 The proposed development has frontage to Carrington Road, which is identified as a classified road. As such clause 101 of SEPP Infrastructure is applicable to the proposed development. 101 Development with frontage to classified road
(2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:
(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and (b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:
(i) the design of the vehicular access to the land, or (ii) the emission of smoke or dust from the development, or (ii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and
(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.
The development proposes access to the site via a new driveway crossover from Carrington Road. The driveway crossover has width of 3m and is a shared entry for the two single garages associated with each unit in the dual occupancy. In relation to section (2) of the clause:
The site does not have frontage to any other road, the only practical vehicular entry point is from Carrington Road
The number of vehicular entry points has been minimised as one shared 3m wide driveway is proposed, to reduce adverse impacts to Carrington Road
The driveway is associated with a dual occupancy, a low density form of residential development and the volume or frequency of vehicles accessing the site is considered able to be supported by the existing surrounding road network
The proposed dual occupancy is appropriately located and designed to ameliorate traffic noise or emissions from Carrington Road.
Clause 102, Impact of road noise or vibration on non-road development, is not applicable to the development as the RMS traffic volume data indicates that the average daily traffic volume of Carrington Road does not exceed 40,000 vehicles.
2.1.3 SEPP 55 Remediation of Land There is no known history of contamination applicable to the site. The subject site has historically been used for residential purposes. Accordingly, site land contamination is considered unlikely and no further investigation is necessary.
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2.1.4 Waverley Local Environmental Plan 2012 (Waverley LEP 2012) The relevant matters to be considered under the Waverley LEP 2012 for the proposed development are outlined below: Table 1: Waverley LEP 2012 Compliance Table
Provision Compliance Comment
Part 1 Preliminary
1.2 Aims of plan
Yes The proposal is consistent with the aims of the plan.
Part 2 Permitted or prohibited development
2.6 Subdivision – consent requirements
Yes
The application proposes Torrens title subdivision of the land which is permissible with consent. See discussion in clause 4.1 below.
Land Use Table R3 Medium Density Residential Zone
Yes The proposal is defined as a dual occupancy, which is permitted with consent in the R3 zone.
Part 4 Principal development standards
4.1 Minimum subdivision lot size
232m2
No
The proposed lots have an area of 227.6m2. This is 4.4m2 less than the minimum subdivision lot size. A clause 4.6 exception to a development standard has been submitted. See discussion at the end of this table.
4.3 Height of buildings
9.5m Yes
The building has a maximum height of 9.3m.
4.4 Floor space ratio and 4.4A Exceptions to floor space
ratio
0.85:1
Yes
Clause 4.5 calculation of floor space ratio and site area, sub clause (3)(b) states ‘if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out’. As the development proposes subdivision into two lots, in accordance with the above, the site area is taken to be the proposed lot size of 227.6m2 for each lot. As such clause 4.4A applies, as a dual occupancy is proposed, the land is zoned R3 and the area of the two lots is between 100sqm and 550sqm. In this regard the maximum permissible FSR applicable to each site is 0.85:1.
The application is accompanied by a written request pursuant to clause 4.6 of Waverley LEP 2012 to vary the minimum subdivision lot size development standard. A detailed discussion of the variation to the development standard is presented below this table.
Part 5 Miscellaneous provisions
5.9 Preservation of trees or vegetation
Yes
The application proposes the removal of 20 trees from the subject site and 1 street tree. The application is supported by an Arborist report and the majority of the trees proposed to be removed are Italian Cypress, assessed as being in fair to poor health with fair to poor form and structure and little aesthetic or amenity value to the site. The landscape plan submitted indicates replacement tree planting totalling 22 trees. The application has been reviewed by Council’s Tree Management Officer who raised no objection to the proposed tree removal subject to replacement trees being planted and compliance with the submitted landscape Plan. The recommended conditions have been included within this report.
5.10 Heritage conservation
Yes
The site is not a heritage item or located in a heritage conservation area. The site is however in the vicinity of heritage items including:
Federation House, 36-38 Carrington Road (adjoins site to the south)
War Memorial Hospital, Late Victorian buildings and former stables, 125 Birrell Street
Early twentieth century, ecclesiastical style building, St Clare’s Convent -41-51 Carrington Road
While the site is not a heritage item it is in close proximity to a number of heritage items. The objectives of the clause relevant to the
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Provision Compliance Comment
proposal are to conserve the environmental heritage of Waverley and the heritage significance of heritage items and conservation areas. Carrington Road contains an eclectic mix of buildings styles and types and the proposed modern two storey dual occupancy is considered to have an appropriate height, floor area and bulk and scale that is consistent with the planning controls, zoning and character of the area. The adjacent heritage item at 36-38 Carrington Road is setback from the street and has generous side setbacks, which provides separation from adjoining buildings and minimise any adverse impacts from the proposed development. The application is considered satisfactory in regards to the objectives of the clause.
Part 6 Additional local provisions
6.2 Earthworks
Yes
As the site has a slight fall to the rear, some excavation is proposed at the front of the site to provide a level building platform for the dwelling. The proposed earthworks are considered to be suitable for the form of development and are not considered to have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.
The following is a discussion of the issues identified in the Waverley LEP 2012 compliance table. Exceptions to Development Standards Clause 4.1 Minimum subdivision lot size The size of the lots resulting from the proposed subdivision of the site are 227.6m2 each, which is less than the minimum subdivision lot size development standard of 232m2 prescribed under clause 4.1 of Waverley LEP 2012 by 4.4m2 or 1.8%. A written request pursuant to clause 4.6 of Waverley LEP 2012 has been made, seeking to vary the development standard. The justification presented in the written request is summarised as follows:
Compliance with the 232m2 minimum subdivision lot size is unreasonable and unnecessary as the size and shape of the existing allotment, with 10.67 metre frontage and an area of 455.2m2 is more than adequate to satisfactorily accommodate the attached dual occupancy development, as evidenced by the compliance with the numerical controls relating to floor space ratio, landscaped area, building height and setbacks.
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Furthermore, the existing allotment complies with the minimum site area for attached dual occupancy development under Clause 1.3 of Part C1 of the Waverley DCP 2012, namely 450m2.
The relevant matters to be considered under clause 4.6 of the LEP are addressed below:
Clause 4.6 (3) (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case,
The objective of the minimum subdivision lot size standard is to ensure subdivision reflects and reinforces the predominant pattern of subdivision of the area and to minimise the likely impacts of subdivision and development on the amenity of neighbouring properties. The proposed subdivision will create two lots with an area of 227.6m2 and a frontage of 5.334m. The applicant has provided a summary of the lot sizes east of the subject site and Carrington Road and this indicates diversity in terms of lot size and frontages. The underlying characteristic of the immediate area is of smaller narrow lots, as proposed by the application. It is considered that the proposed subdivision aligns with the predominant pattern of subdivision of the area. The proposed development is for a dual occupancy which is permissible for the site under the zoning and under Waverley DCP is permissible on sites with a minimum lot size of 450m2. The applicant has demonstrated that the site can contain the proposed dual occupancy and complies with the FSR and building height controls of the LEP. The proposal has a bulk and scale, setbacks and landscaping which are consistent with the objectives of the DCP and provides reasonable amenity for occupants and adjoining properties. As such the development is considered to minimise impacts on the amenity of neighbouring properties. As such compliance with the development standard is considered unreasonable and unnecessary in the circumstances of the case as the objectives of the clause are met, notwithstanding the variation and the application is supported.
Clause 4.6 (3) (b) that there are sufficient environmental planning grounds to justify contravening the development standard.
The proposal, as discussed above, is considered to comply with the objectives of the minimum subdivision lot size development standard. As the proposed subdivision is consistent with the subdivision pattern in the area and minimises impacts on the amenity of adjoining properties. The proposed development complies with LEP 2012 and DCP 2012 planning controls and objectives. Compliance with the development standard would unnecessarily hinder the orderly and economic use of land and unreasonably restrict development of the site. Accordingly it is considered there are sufficient planning grounds to justify contravening the standard.
Clause 4 (a) (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
The applicant’s written request is considered to have adequately addressed the matters required under subclause 3 and the variation to the minimum subdivision lot size development standard is supported.
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Clause 4 (a) (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out
The proposed development is consistent with the objectives of the minimum subdivision lot size development standard and consistent with the objectives of the R3 Medium Density Residential zone as the proposal provides for the housing needs of the community in a form that is consistent with a medium density residential environment. Accordingly the proposal is considered to be in the public interest and the variation is supported.
2.1.5 Waverley Development Control Plan 2012 - Amendment No 3 (Waverley DCP 2012) The relevant matters to be considered under the Waverley DCP 2012 for the proposed development are outlined below: Table 2: Waverley DCP 2012 – Part B General Provisions Compliance Table
Development Control Compliance Comment
1. Waste Yes
A SWRMP has been submitted with the application and the proposal is satisfactory in regards to the objectives of the clause.
2. Energy and water conservation Yes
The application is submitted with a BASIX certificate for each unit and the application is consistent with the objectives of the clause.
5. Tree preservation
Yes
The development is considered to be consistent with the objectives for tree preservation within the DCP. As detailed in the LEP table, 20 trees are proposed to be removed and this is supported by Council’s Tree Management Officer subject to replacement trees being planted and compliance with the submitted Landscape Plan. Refer to LEP table and referral section of this report for more detail.
6. Stormwater
Yes
The submitted stormwater management plan provides for BASIX required rainwater tanks and an OSD system connecting to the kerb and gutter in Carrington Road. The plan has been reviewed by Council’s Senior Design Team Leader who raised no objections subject to conditions of consent.
8. Transport Yes
The proposed parking is consistent with the objectives of the B8 Transport; refer to section 1.10 of Part C1 in the table below for more detail.
9. Heritage
Yes
As detailed in the LEP table, the site is not a heritage item but is located within the vicinity of heritage listed items. The proposed development is considered to conserve the environmental heritage of Waverley LGA and not adversely impact the heritage significance of the surrounding area.
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Development Control Compliance Comment
10. Safety
Yes
The front door to each unit has been re-located to the face the street which provides a clear sense of address for the proposed development. The development is considered to have been designed to reduce opportunities for crime and contributes to a safe built environment.
Table 3: Waverley DCP 2012 – Part C1 Dwelling House and Dual Occupancy Development
Compliance Table
Development Control Compliance Comment
1.1 Height
1.1.2 External wall height
Maximum external wall height of 7m
No An external wall height of 9m is proposed. Refer discussion below.
1.3 Dual occupancy development
Minimum lot size:
450m2 for attached
600m2 for detached
Yes The allotment size has an area of 455.2m2 which complies with the minimum lot size for an attached dual occupancy.
1.4 Setbacks
1.4.1 Front and rear building lines
Predominant front building line
Predominant rear building line at each floor level
Yes There is no predominant front setback for the site. The front setback aligns with the front setback of the existing building on the site which is located 2.7m behind the attached terraces to the north but approximately 6m in front of the building at 36-38 Carrington Road. 36-38 Carrington Road is an anomaly in regards to front setback as it contains a heritage listed item. The proposed development aligns with the dwelling at no.40 Carrington Road, on the other side of the heritage item. As such the proposed front setback is considered to be consistent with the street. At the rear, given the differing forms of residential development on adjoining sites and lot sizes, a predominant rear setback does not exist. The development has a rear setback of 14.265m to the rear boundary. This is considered to provide a sufficient distance to give separation to properties at the rear. The rear setback of the proposed development provides a transition between the attached terraces to the north and the heritage building to the south.
1.4.2 Side setbacks
Minimum of 0.9m
1.5m for a third storey
Yes The development has a side setback of 900mm to the north and south side boundaries at the ground floor. This increases to 1600mm at the front section of the first floor.
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Development Control Compliance Comment
The development is located within the height limit and the attic level is contained within the roof and does not constitute a third storey requiring a greater 1.5m side setback.
1.5 Streetscape and visual impact
New development to respond to essential elements of the street, height and bulk, setbacks, landscaping, style and materials
Yes The dual occupancy has a modern contemporary design that is considered to be in character with the mix of architectural styles of buildings along Carrington Road and the immediate area. The dual occupancy has provided visual interest in the front façade through different but cohesive finishes for each unit, to provide visual interest and a high level of architectural resolution. The proposed development is considered to be designed to be distinguished within the streetscape without detracting from the residential character and heritage significance of surrounding buildings. The building has a front setback, height, FSR, landscaping and bulk and scale that is consistent with the streetscape and the planning controls.
1.6 Fences
Front:
Maximum height of 1.2m
Solid section no more than 0.6m high
Side and Rear:
Maximum height of 1.8m
Yes A new front fence with solid lower section and slats above is proposed to a height of 1.2m. The plan does not indicate new side boundary fencing is proposed.
1.7 Visual and acoustic privacy
Development is to not unreasonably impact upon residential or other properties due to unacceptable loss of privacy or generation of noise Maximum size of balconies:
10m2 in area
1.5m deep
Yes, subject to conditions.
The ground floor windows associated with the development will be screened by the standard 1.8m high dividing boundary fence. At the first floor window 9, on the north and side elevations are associated with a lounge room. This window has a sill height of 1.2m. To the south there is opportunity for direct overlooking to windows on the northern wall of 36-38 Carrington Road. As the window is associated with a living area the sill will be conditioned to be raised to 1.6m (in both units) to minimise opportunities for overlooking to adjoining properties. The applicant has also raised the possibility of direct overlooking from window 10 on the south elevation, associated with bedroom 2. Obscure glazing to a height of 1.6m will be conditioned for this window. The remaining windows at the first floor are associated with either bedrooms or bathrooms. Bedrooms are
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Development Control Compliance Comment
rooms used less frequently than living areas and predominantly at night. A condition will be imposed for all bathroom windows to be obscure. At the attic level a balcony with a depth of 2.09m and an area of 6.6m2 is proposed accessed from the bedroom of each unit. The DCP controls require elevated balconies to have a depth of not more than 1.5m, as such a condition reducing the depth to 1.5m will be required. Privacy screens to a height of 1.8m are to be provided on the northern and southern ends of the attic level balconies, this will also be conditioned. Subject to these conditions the rear attic level balconies are considered acceptable in regards to retaining reasonable privacy for adjoining properties. It is noted that some properties within the vicinity of the site have rear first floor balconies.
1.8 Solar access
Minimum of three hours of sunlight to minimum of 50% of living areas and principal open space areas on 21 June
Minimum of three hours of sunlight maintained to minimum of 50% of living areas and principal open space areas of adjoining properties on 21 June
No, acceptable on
merit.
The shadow diagrams submitted by the applicant show the subject site is able to receive minimum 3 hours of sunlight to habitable rooms and living areas on 21 June. The site is orientated east to west, as such the adjoining southern property 36-38 Carrington Road is shaded by the proposed development. Refer to the end of this table for a more detailed discussion.
1.10 Car parking
1.10.1 Parking rates Min 0 – Max 2
Yes The development provides a single car garage for each unit. A shared driveway has been provided to minimise impact to on street parking and this removes the ability for a stacked second car space to be provided in front of each garage. As such the provision of 1 car space for each unit is considered acceptable.
1.10.2 Location
Behind front building line for new dwellings
Consistent with hierarchy of preferred car parking locations
No, acceptable on
merit.
The single garages for each unit in the dual occupancy are located at the front of the dwelling. This is a result of the narrow site width. To minimise the impact of the garage doors in the streetscape an entry portico located 300mm in front of the garage doors is provided and the first floor overhangs the ground floor garage doors. As
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Development Control Compliance Comment
such the location of the garages is considered acceptable. While the immediate adjoining sites do not contain car parking structures, garages associated with dwellings are evident along Carrington Road south of the site.
1.10.3 Design Yes The car parking is considered to have been sympathetically designed to minimise its dominance in the streetscape. The cement render and garage doors are to be a charcoal colour with lighter elements above and combined with landscaping in the front setback, ensures the design is complementary to the building and the street.
1.10.4 Dimensions
5.4m x 2.4m per vehicle
Yes Each garage has dimensions of 6m x 3m.
1.10.5 Driveways
Maximum of one per property
Maximum width of 3m at the gutter (excluding splay)
Yes One driveway crossover is proposed to be shared between the two properties, with a width of 3m. The development results in loss of one street car space but provision of 2 off street spaces.
1.11 Landscaping and open space
Overall open space: 40% of site area: 91.04m2
Overall landscaped area: 15% of site area: 34.14m2
Minimum area of 25m2 for private open space
Front open space: 50% of front building setback area
Front landscaped area: 50% of front open space provided
Yes Open space: 125m2 per lot Landscaping: 85m2 per lot Each unit has in excess of 25m2 of POS. The front setback of each lot is open and at least half is landscaped.
The following is a discussion of the issues identified in the DCP 2012 compliance table above. Wall height The proposal complies with the maximum building height control in the LEP but seeks to vary the external wall height control. The front and rear sections of the building which are two storey without attic have an external wall height of 6m. The variation to the control is limited to the attic level and roof form. The proposed roof has been designed with the ridge parallel to the street to respond to the roof form of the adjacent terraces to the north. As such the external wall height increases given the gable ends to the north and south. The rear dormer is consistent with the rear skillion dormer controls in the DCP which permit a rear skillion dormer where the dormer maintain the existing ridge line and does not extend beyond the rear gutter line.
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The external wall height control is imposed to further inform the building height control in the LEP, ensure development relates to topography and street character and minimise impacts to adjoining properties. The variation is considered acceptable as only one portion of the building exceeds the control, the building has a complying building height, the scale is in keeping with the character of the area and impacts to adjoining properties are considered reasonable. Solar Access The applicant has provided elevational shadow diagrams showing the northern wall of 36-38 Carrington Road between 9am and 3pm, with existing and proposed shadows. The windows are all associated with individual rooms, except for four rear ground floor small windows that serve the laundry area. The existing shadow situation at the ground floor sees half the glazing of the first (counted from the right) window shaded by 10am and by 2pm is almost completely shaded. The second ground floor window has half its glazing shaded by 11am and by 2pm is almost completely shaded. The remaining two ground floor windows are unshaded all day and the rear laundry windows are partly shaded all day. At the first floor all five room windows receive solar access all day on June 21. The submitted shadow diagrams show that:
At 9am, the proposal will shade the three front ground floor windows and the front first floor window. The second first floor window has half its glazing shaded.
At 10am, the only change is a slight reduction in the extent of the shading of the second first floor window to one third of its glazing.
At 11am, the first three ground floor windows are shaded as are the first two first floor windows.
At 12 noon, the first four ground floor windows are shaded as are the first two first floor windows.
At 1pm, all five ground floor room windows are shaded. At the first floor the first two windows are shaded and half of the third window.
At 2pm, all five ground floor windows are shaded and the first three first floor windows.
At 3pm, all windows except the last first floor window are completely shaded. Four windows receive no solar access between 9am and 3pm on June 21, the first three ground floor windows and the first window at the first floor. The second first floor window only receives 2 hours of solar access. All other windows are able to receive a minimum of 3 hours of solar access between 9am and 3pm on June 21. The loss of solar access to these four windows is not unreasonable as the proposed development provides a complying height, FSR and setbacks. The development is representative of a reasonable development that could be expected on the site given the zoning and LEP controls. It is also noted that currently a hedge of tall conifer trees are located on the southern boundary of the site and act to limit solar access to the northern windows of 36-38 Carrington Road. Further these windows are all associated with bedrooms and the DCP controls require 3 hours of solar access to living rooms and principal private open spaces. Accordingly the development is considered to provide reasonable level of solar access to the subject site and adjoining properties.
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2.2 Section 79C(1)(b) – Other Impacts of the Development The proposed development is capable of complying with the BCA. It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.
2.3 Section 79C(1)(c) – Suitability of the Site for the Development The site is considered to be suitable for the proposed development.
2.4 Section 79C(1)(d) – Any Submissions The application was notified for 14 days and a site notice erected on the site, in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development. Six submissions were received. The issues raised in the submissions are summarised and discussed below. Table 4: Summary of property addresses that lodged a submission
Property
28 Carrington Road Waverley
30 Carrington Road Waverley
36 Carrington Road Waverley
2 Zarita Avenue Waverley
1 Salisbury Street Waverley
5 Salisbury Street Waverley
Issue: The development is not in keeping with surrounding properties, including the heritage item at 36-38 Carrington Road Response: Carrington Road contains an eclectic mix of buildings styles and types and the proposed modern two storey dual occupancy is considered to have an appropriate height, floor, bulk and scale that is consistent with the planning controls, zoning and character of the area. Issue: The proposed development will adversely impact the adjoining heritage building and its curtilage Response: The proposed development is for a contemporary building in line with guidelines regarding development in heritage areas, which discourages design that closely imitates, replicates or mimics historic styles because it can distort an understanding of the development of an area and the significance of a heritage item. The new building is considered to have a form and finishes that ensures the heritage significance of the adjoining building is not diminished. The adjacent heritage item is setback from the street and has generous side setbacks, which provides separation from adjoining buildings and minimises adverse impacts from the proposed development. Issue: The two garage doors are ugly and destroy the streetscape Response: The presence of the garage doors has been discussed within the ‘’car parking’ section of the DCP table. It is noted parking structures are evident along Carrington Road.
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Issue: The proposal breaches the minimum lot size requirements Response: The applicant has submitted a clause 4.6 exception to a development standard to address the variation to the minimum lot size. Refer to LEP table for further discussion. Issue: The proposal exceeds the maximum number of storeys permissible as the attic is a third storey Response: The DCP does not contain a control relating to the number of storeys for dual occupancies. The development complies with the maximum height control applicable under the LEP. Issue: The proposal exceeds the maximum external wall height control for pitched roof buildings Response: This has been addressed within this report, refer to the DCP table. Issue: The dwelling is a flat roof structure and does not comply with the DCP height controls Response: The building contains both pitched and flat roof forms. The wall height controls have been addressed within this report, refer to the DCP table. Issue: The height of the heritage building should not be used as justification for the proposed development Response: The proposed development complies with the maximum building height control and the height and scale of the proposal are considered to be consistent with the streetscape character. Issue: A 1.5m setback should be provided for the third storey/ attic level Response: The attic level is not a third storey and the 900mm setback is satisfactory. Issue: The windows on the north elevation at the first floor and attic floor and the attic floor balcony, will overlook rear yards and private open space of adjoining properties Response: The first floor windows are primarily bedrooms which are used less frequently than living areas and predominantly at night. A condition will be imposed regarding the first floor lounge room windows and the attic floor balcony to minimise opportunity for overlooking. Refer to the DCP table for more detail. Issue: Loss of privacy increased as 2 dwellings will be provided on the site Response: The proposed dual occupancy development is a permissible form of development in the zoning and consistent with the desired future character of the area. The proposal is not considered to result in a loss of privacy, see comment above. Issue: Loss of privacy from removal of northern plantings and impact on neighbour’s bathroom which has a glass ceiling Response: The northern elevation windows are primarily associated with bedrooms and bathrooms. The brick building at the rear of 1 Salisbury which contains the glass ceiling is located approximately 6.5m from bedroom 2 window and this is at an angle. At the attic level the side elevation window is a bathroom window and the balcony will have a side elevation privacy screen. As such the development is not considered to adversely overlook the adjoining property. Issue: The trees to be removed provide visual and acoustic privacy between surrounding properties. The proposed tress will not reach the same height and will take many years to mature Response: The proposed tree removal has been reviewed by Council’s Tree Management Officer and no objections have been raised. The application proposes replacement tree planting. The development is considered to be acceptable in regards to overlooking and privacy. It is noted that vegetation does not significantly ameliorate acoustic impacts.
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Issue: The proposed development will cause significant overshadowing of the boarding room windows at 36-38 Carrington Road Response: A detailed response to this issue is provided at the end of the DCP table. Issue: Concerned with loss of western sunlight to the rear yard of 2 Zarita Avenue Response: The shadow diagrams do not show the proposed development will cause any additional overshadowing of 2 Zarita Street’s rear yard than what is currently experienced by the existing rear boundary fence. Issue: The clothes drying area will be shaded by the proposed development Response: The clothes drying area is located on the ground floor courtyard and the shadow diagrams show this area is shaded by the standard 1.8m high dividing boundary fence and would also have been shaded by the existing 12m high trees located adjacent to the shared boundary. Issue: The proposed lilli pilli hedge to be planted along the rear boundary will have a mature height of 5m and will block sunlight and create a feeling of confinement to 2 Zarita Avenue. Response: The plantings around the rear boundary of the site have a mature height of 5m however this is subject to many varying factors including growth and pruning. This type of planting is commonly used and no objections have been raised by Council’s Tree Management Officer. It is noted that the rear yard of 2 Zarita Avenue faces north and the plantings will not cause significant loss of sunlight. Issue: Concerned the driveway will be dangerous as a turning circle has not been provided requiring vehicles to reverse onto a busy road, posing a safety risk Response: The proposed driveway provides ingress and egress for two vehicles only, associated with two dwellings and this level of usage is not considered to adversely impact the operation of Carrington Road. Requiring a turning circle within the site would require the dwelling to be significantly shifted back into the site which would create additional impacts for adjoining properties. Carrington Road contains similar driveway crossovers and the proposal is considered satisfactory in regards to car parking provision. Issue: The development removes on street parking Response: The development results in the loss of one on street car space but provision of two car off street spaces, and is consistent with Council’s DCP controls.
2.5 Section 79C(1)(e) – Public Interest It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being imposed.
3. REFERRALS
3.1 Stormwater – Creating Waverley The application was referred to Council’s Senior Design Team leader who advised the stormwater management plans were satisfactory subject to the imposition of conditions of consent.
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3.2 Trees – Clean and Attractive Waverley The application was referred to Council’s Tree Management Officer who advised that the proposed 20 trees for removal is supported, as per the recommendations of the Arboricultural Impact Assessment prepared by Louise Bennett Associates and the Landscape plan prepared by Anthony Wyer & Associates. The recommended conditions have been included within this report. The proposal has been reviewed by Council’s Strategic Tree Planning Officer, who advised the removal of one street tree is supported subject to a replacement tree being planted as per the Landscape Plan. The recommended conditions have been included within this report.
3.3 Driveways – Creating Waverley The application was referred to Council’s Traffic Engineer for review, however at the time of writing this report no comments had been received. Accordingly standard conditions of consent have been included within this report.
3.4 GIS - Waverley Digital The application was reviewed by Council’s GIS Officer who raised no objection to the proposed development subject to conditions of consent.
4. SUMMARY The application proposes demolition of the existing buildings on the site, construction of a two storey with attic dual occupancy development and Torrens title subdivision. The proposed Torrens title subdivision creates two lots that are less than the minimum lot size in WLEP 2012. The variation is minor, being 4.4m2 or 1.8%, and a clause 4.6 exception to a development standard has been submitted. Strict compliance with the standard is unreasonable and unnecessary in the circumstances of the case as the development has an appropriate height, FSR, bulk and scale, setbacks and landscaping and is consistent with the character of the area. The development seeks to vary the external wall height control and solar access and overshadowing controls in the DCP. The variation to the wall height of the proposal is a result of the proposed roof form and it is noted that the majority of the proposed built form complies with the control. The building is located within the building height control in the LEP and the variation is acceptable on merit. The proposal results in overshadowing of the adjoining southern building with some windows receiving nil and less than 3 hours solar access. The proposal has a complying height, FSR and setbacks. The development is representative of a reasonable development that could be expected on the site given the zoning and LEP controls and the variation is acceptable. The application has received six objections to the proposal, with the issues raised including streetscape, heritage, privacy, tree removal, overshadowing, traffic and safety. A response to the issues raised in the submission has been provided within this report. The application has been assessed against the Waverley LEP, DCP and the provisions of Section s79C of the Environmental Planning and Assessment Act 1979. The proposed development is considered to be consistent with the objectives of Waverley LEP and DCP 2012 as the proposal has a bulk and scale that is consistent with the character of the locality and does not adversely impact the amenity of the area. Accordingly the application is recommended for approval.
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5. RECOMMENDATION TO WAVERLEY DEVELOPMENT ASSESSMENT PANEL That the Development Application be APPROVED by the Waverley Development Assessment Panel subject to the Conditions in Appendix A: Report prepared by:
Application reviewed and agreed on behalf of the Development and Building Unit by:
Emily Dickson Senior Development Assessment Planner
Lee Kosnetter Manager, Development Assessment (South)
Date: 3 August 2015 Date: 12 August 2015
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APPENDIX A – CONDITIONS OF CONSENT
A. APPROVED DEVELOPMENT
1. APPROVED DEVELOPMENT The development must be in accordance with: (a) The following architectural plans prepared by ‘Christopher Jordan Architecture & Design’ and
received by Council on 1 May and 31 July 2015;
Drawing No. Date
00, Site/ roof plan, issue A 24/4/2015
01, Ground floor plan, Issue B 31/7/2015
02, First floor plan, issue B 31/7/2015
03, Attic floor plan, issue B 31/7/2015
04, North elevation, issue B 31/7/2015
05, South elevation, issue B 31/7/2015
06, East elevation, issue B 31/7/2015
07, west elevation, issue B 31/7/2015
08, Section A, issue B 31/7/2015
09, Section B, issue A 24/4/2015
10, Draft subdivision plan, issue A 24/4/2015
22, West elevation finishes schedule, issue A 24/4/2015
(b) LP01, Landscape Plan, Rev 2, prepared by Anthony Wyer and Associates, dated 27/04/2015
1/4/2015, prepared by Engineering Studio Civil & Structural
(d) Arboricultural Impact Assessment report, dated 13 January 2015, prepared by ArborSkills Arboricultural Consultancy,
(e) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the
SWRMP Checklist of Part B, Waverley DCP 2012
(f) BASIX Certificates
Except where amended by the following conditions of consent. 2. GENERAL MODIFICATIONS
The proposal shall be amended as follows:
a) Window 9, on the north and south elevations, associated with the lounge room is to have the sill height raised to 1.6m, as measured from the finished floor level, to minimise overlooking to adjoining properties.
b) Window 10 on the southern elevation is to have obscure glazing to a height of 1.6m as measured from the finished floor level, to minimise overlooking to adjoining properties.
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c) All bathroom windows are to have obscure glazing,
d) The rear attic level balconies are to be amended to have a depth of 1.5m. Privacy screens are required on the north and south side elevations of the balconies to a height of 1.8m and are to be capable of restricting views.
The amendments are to be approved by the Principal Certifying Authority prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.
3. NOISE FROM BUILDING WORKS - RESTRICTED ACTIVITIES
Where there is a strong community reaction to noise associated with demolition, excavation and/or construction, Council may require respite periods by restricting the hours that the specific noisy activity can occur.
Notes: If this is imposed, Council will take into account: 1. Times identified by the community when they are less sensitive to noise
2. If the community is prepared to accept a longer period of construction in exchange for restrictions on construction times.
4. DOMESTIC HEATERS
The provision of solid fuel heating is prohibited.
5. INTRUDER ALARM
Intruder alarm/s associated with the development must operate only in accordance with the requirements of Clause 53 of the Protection of the Environment Operations (Noise Control) Regulation 2008 under the Protection of the Environment Operations Act, 1997.
6. EXCAVATION TO BE LIMITED Excavation shall be limited to that shown in the approved plans. Excavation, proposed or undertaken in the certification or construction of the development, that results in additional habitable or non-habitable floor space (including storage) shall require the submission of a new development application or Section 96 application to modify the approved development. During consideration of this application construction work on site shall cease without prior agreement of Council. Failure to comply with this condition may lead to Council prosecuting or taking a compliance action against the development for breach of its consent.
7. INSTALLATION OF AIR CONDITIONING Any air conditioning unit(s) installed within the site/ 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 suitably screened and located in an
appropriate location.
(c) Not be adjacent to neighbouring bedroom windows.
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(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).
8. TREE REMOVAL
The following trees are approved for removal:
Tree No. Species Location
1 Umbrella Tree (Schefflera actinophylla) front yard
2 Italian Cypress (Cupressus sempervirens) front yard
4-12 Italian Cypress (Cupressus sempervirens) rear yard
13 Dwarf Date Palm (Phoenix roebelenii) rear yard
14 Italian Cypress (Cupressus sempervirens) rear yard
15 Kentia Palm (Howea forsteriana) rear yard
16 Norfolk Island Pine (Araucaria heterophylla) rear yard
17 Mexican Fan Palm (Washingtonia robusta) rear yard
18 Cook Island Pine (Araucaria columnaris) rear yard
19 Italian Cypress (Cupressus sempervirens) rear yard
20 Italian Cypress (Cupressus sempervirens rear yard
21 Dwarf Apple Gum (Angophora hispida) Street tree
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B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
9. SECTION 94A CONTRIBUTION
A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:
(1) Where the total development cost is less than $500,000:
"Waverley Council Cost Summary Report"; or,
(2) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report". A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/
(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has
been paid to Council in accordance with this condition or that the cost of works is less than $100,000.
(c) Should a section 96 modification result in any change to the total cost of the work, the Section
94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.
Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre. Advisory Note - A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the
development.
10. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $8320 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work. This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.
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11. TREE PRESERVATION BOND A bond of $1000 is to be lodged with Council either as cash or by way of an unconditional bank guarantee to ensure the protection and maintenance of the new dwarf apple tree at the front of the property in the nature strip. The bond is to be lodged prior to the issue of a Construction Certificate. The sum will be forfeited to the Council at its discretion for a breach of these requirements, and will be refunded twelve (12) months from the issue of the Occupation Certificate subject to the satisfaction of Council.
12. 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.
13. NO BUILDING OR DEMOLITION WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, or demolition work, must not be commenced until:
a. A Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and
b. A Principal Certifying Authority has been appointed and Council has been notified of
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. 14. 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 Waverley DCP 2012 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.
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15. 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.
16. HOARDING REQUIRED A standard A/B Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.
17. STORMWATER MANAGEMENT The stormwater management plan is to be amended as follows:
the orifice diameter is to be 39mm.
Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2012 - Part B prior to the issue of a Construction Certificate.
18. 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. This is to include the existing underground storage area.
19. 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.
20. ROOFWATER GUTTERING
All new or replacement roof guttering is to comply with the requirements of the Building Code of Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected roof water does not flow back into the building.
21. 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
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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.
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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.
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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:
(a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;
(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a
sort of danger to persons using the public place; and
(c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided.
28. 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.
29. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any
building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS 2601-2001, Demolition of Structure and a Hazardous Materials Assessment prepared by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:
(a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of
Practice on how to safely remove asbestos published by WorkCover NSW (catalogue WC03561) (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.
30. DEMOLITION & SITE PREPARATION Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the NSW Environment Protection Authority (EPA), and with the provisions of: (a) Work Health & Safety Act 2011; (b) Work Health & Safety Regulation 2011; (c) Protection of the Environment Operations Act 1997 (NSW) and (d) NSW EPA Waste Classification Guidelines 2009.
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31. ASBESTOS REMOVAL
All demolition works involving the removal and disposal of asbestos must only be undertaken by contractors who hold a current WorkCover NSW Friable Class A Asbestos Removal Licence or where applicable a Non-friable Class B (bonded) Asbestos Removal Licence. Removal must be carried out in accordance with the "Code of Practice on how to safely remove asbestos" published by WorkCover NSW (catalogue no.WC03561) and Waverley's Asbestos Policy.
32. PROHIBITION OF ASBESTOS RE-USE
No asbestos products are to be reused on site.
33. ASBESTOS REMOVAL SIGNAGE
Standard commercially manufactured signs containing the words "DANGER ASBESTOS REMOVAL IN PROGRESS" measuring not less than 400m x 300mm are to be erected in prominent visible positions on the site during asbestos removal works.
34. SKIPS AND BINS
No asbestos laden skips or bins are to be left in any public place without the approval of Council.
35. NOTIFICATION OF ASBESTOS REMOVAL
All adjoining properties and those opposite the development must be notified in writing of the dates and times when asbestos removal is to be conducted. The notification is to identify the licensed asbestos removal contractor and include a contact person for the site together with telephone and email address.
36. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW.
37. SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the NSW Environment Protection Authority (EPA) Managing Urban Stormwater: Soils and Construction. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.
38. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath, roadway or neighbouring property and shall be protected with adequate sediment controls.
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39. 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.
40. TEMPORARY DIVERSION OF ROOF WATERS Stormwater from roof areas shall be linked via a temporary downpipe to Council's stormwater system immediately after completion of the roof area. Inspection of the building frame will not occur until this is completed.
41. 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.
42. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on
Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:
(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends;
(b) Sundays and public holidays;
Noise from construction activities shall comply with the Protection of the Environmental Operations (Noise Control) Regulation 2000.
43. BUILDING CODE OF AUSTRALIA
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
44. BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION) ACT - INSPECTIONS (DWELLING HOUSES CLASS 1 AND 10) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 1 and 10 building:
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(a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation Certificate being issued
in relation to the building. The following additional inspections are required to be undertaken by the PCA: (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 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.
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. ENCROACH BEYOND THE BOUNDARIES No portion of the proposed new building including the footings and roof eaves, to encroach beyond the boundaries of the subject property.
47. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.
48. HOT TAP WATER SCALDING To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.
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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.
50. SERVICE PIPES All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.
51. 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.
52. TREE PRESERVATION A tree preservation order exists in the Waverley Local Government Area. Before any site can be developed, an application must be made in writing to Council prior to removal of tree/trees. Should permission be granted, the applicant will receive a permit to proceed.
53. 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.
54. NEW VEHICLE CROSSING A new vehicle crossing is to be provided to access the proposed garages. 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. All new vehicle crossings to be Wheel Strips instead of full width concrete driveway wherever feasible.
55. VEHICULAR ACCESS - FINISHED LEVEL The finished level at the property boundary on both sides of the vehicle crossing is to be as specified by Council’s Manager Transport and Development.
56. VEHICLE TO BE PARKED WITHIN THE SITE
Any vehicle utilising the garages is to be parked fully within the confines of the site and is not to park over the public footway at any time.
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57. SYDNEY WATER A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website www.sydneywater.com.au\customer\urban\index or telephone 13 20 92. Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the subdivision plan/occupation of the development.
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D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION
58. 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.
59. REPLACEMENT TREES
The following street tree is to be planted prior to the issue of the occupation certificate:
a) One Dwarf Apple, Angophora hispida. The tree is to be a minimum pot size of 100 litres grown to Natspec specifications and planted by a horticulturist/arborist with a minimum level 3 qualification with experience in tree planting. The tree to be planted as per the location shown on the landscape plan LP 01.
60. LANDSCAPE PLAN
The site is to be landscaped in accordance with the approved landscaped plan with the landscape works completed prior to the issue of the Occupation Certificate.
61. ALLOCATION OF STREET NUMBER/S
The Torrens title subdivision of the property has lead to the following allocation of street numbers:
No. 34 for the north allotment (proposed Lot No 1);
No. 34A for the south allotment (proposed Lot No 2). The street/premises numbers for each property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. The street/premises number is to be positioned on the site prior to the issue of the Occupation Certificate Any variation to the above street/premises numbering requires a new application to be lodged with Council.
62. SUBDIVISION
A Subdivision Certificate must be obtained from Council in accordance with Section 109C(d) of the Environmental Planning and Assessment Act, 1979 prior to the registration of the subdivision plans. Plans submitted with the Subdivision Certificate shall demonstrate a right of carriageway is being created over the driveway.
63. LIGHTING
Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.
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ENTRY
900
STEEL GATE TO ENTRY PORTICO
UP
UP
GARAGE
KITCHEN
DINING
LIVING
ENTRY
4729
GROUND FLOOR PLAN
W01
-
W02
-
W03
-
W04
-
FFL RL 96.50
FFL RL 96.80
UP
GARAGEFFL RL 96.80
L'DRY
KITCHEN
DINING
LIVING
LIVING
64001500 15200 500
FFL RL 96.50
F
P P
6050 1500 2000 1700 11100
3040
4040
1902
1052
DECK
DECK
NEW TIMBER FENCE.
DRIVEWAY
NEW FENCE AND GATE SET.
NEW TIMBER FENCE.
LOCATION OF ON-SITE WASTE MANAGEMENT BINS.
LOCATION OF ON-SITE WASTE MANAGEMENT BINS.
NOM. LOCATION OF INTERNAL WASTE STORAGE FOR TWO DAYS WORTH OF WASTE.
NOM. LOCATION OF INTERNAL WASTE STORAGE FOR TWO DAYS WORTH OF WASTE.
Check all dimensions on site before commencing fabrication. Do not scale off drawing. This drawing to be read in conjunction with the specification. Report all discreppancies to architect Copyright: This design / drawing are not to be reproduced in part or in whole without the written permission of Chritopher Jordan Architecture and Design.
Check all dimensions on site before commencing fabrication. Do not scale off drawing. This drawing to be read in conjunction with the specification. Report all discreppancies to architect Copyright: This design / drawing are not to be reproduced in part or in whole without the written permission of Chritopher Jordan Architecture and Design.
Check all dimensions on site before commencing fabrication. Do not scale off drawing. This drawing to be read in conjunction with the specification. Report all discreppancies to architect Copyright: This design / drawing are not to be reproduced in part or in whole without the written permission of Chritopher Jordan Architecture and Design.
Check all dimensions on site before commencing fabrication. Do not scale off drawing. This drawing to be read in conjunction with the specification. Report all discreppancies to architect Copyright: This design / drawing are not to be reproduced in part or in whole without the written permission of Chritopher Jordan Architecture and Design.
Check all dimensions on site before commencing fabrication. Do not scale off drawing. This drawing to be read in conjunction with the specification. Report all discreppancies to architect Copyright: This design / drawing are not to be reproduced in part or in whole without the written permission of Chritopher Jordan Architecture and Design.
Check all dimensions on site before commencing fabrication. Do not scale off drawing. This drawing to be read in conjunction with the specification. Report all discreppancies to architect Copyright: This design / drawing are not to be reproduced in part or in whole without the written permission of Chritopher Jordan Architecture and Design.
Check all dimensions on site before commencing fabrication. Do not scale off drawing. This drawing to be read in conjunction with the specification. Report all discreppancies to architect Copyright: This design / drawing are not to be reproduced in part or in whole without the written permission of Chritopher Jordan Architecture and Design.
Check all dimensions on site before commencing fabrication. Do not scale off drawing. This drawing to be read in conjunction with the specification. Report all discreppancies to architect Copyright: This design / drawing are not to be reproduced in part or in whole without the written permission of Chritopher Jordan Architecture and Design.
