Land and Environment Court of New South Wales CITATION : CSA Architects Pty Limited v Woollahra Council [2009] NSWLEC 1054 APPLICANT CSA Architects Pty Limited PARTIES : RESPONDENT Woollahra Council FILE NUMBER(S) : 11119 of 2008 CORAM: Murrell C KEY ISSUES: SECTION 97 APPEAL :- Development Application for demolition and consolidation of two lots and construction of Units, basement parking, swimming pools, landscaping and strata title. Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 1 Woollahra Local Environmental Plan 1995 Woollahra Development Control Plan 2003 CASES CITED: Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 Wehbe v Pittwater Council [2007] NSWLEC 827 DATES OF HEARING: 29/01/2009 DATE OF JUDGMENT: 30 January 2009 APPLICANT Mr I. Hemmings, barrister Instructed by John Lloyd and Co LEGAL REPRESENTATIVES: RESPONDENT Mr P. Rigg, solicitor of Deacons JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Murrell C 30 January 2009 11119 of 2008 CSA Architects Pty Limited v Woollahra Council This determination was given extemporaneously and it has been edited prior to publication JUDGMENT 1 This is an appeal under s 97 against Woollahra Council's imposition of conditions on a development application at the property known as 45-47 Spencer Street, Rose Bay. The proposal is: for the demolition of two dwellings which are currently on two separate titles; consolidation of the two lots, the erection of four 4 bedroom units, part two storey and part three storey with basement parking for nine vehicles, two swimming pools in a cental courtyard, landscaping and the strata titling of the proposed development. 2 By way of background. The appeal was originally lodged when the matter was a deemed refusal. Council subsequently granted consent and the applicant continued the appeal on the basis of the conditions that were imposed by the council which, in summary, required the proposal to be amended for all intents and purposes to generally comply with the 0.75 to 1 floor space ratio contained in council's Local Environmental Plan. It is noted that there would not be full compliance as full compliance would require the deletion of some 49 square metres from the proposed development. The condition appealed has the effect of reducing the FSR by some 44.7 equating to an FSR of 0.753:1. 3 The council contends that the conditions as imposed by the council should be retained because the proposed development is excessive in its floor space and without the inclusion of the condition the proposed development would not have been approved. 4 The Court heard evidence for the respondent council from Eleanor Smith, a senior assessment officer with the council. On behalf of the applicant evidence was given by Mr Anthony Betros, a consultant town planner. 5 The site located on the eastern side of Spencer Street is rectangular in shape, yielding an area of some 1,235 square metres. The western frontage to Spencer Street is 25 metres and the boundary length is 26 metres and the rear boundary is some 30 metres. The northern side boundary has a length of 52 metres and the southern side boundary some 49 metres. The area is one that can be described as a streetscape undergoing change with a number of multi-unit developments built in approximately the last decade or thereabouts. As such it is in transition from what was previously single dwelling houses generally of single or two storeys. 6 The site and environs is as described in the council officer's report. 7 The site is in the Rose Bay Precinct and is zoned Residential 2(b). To the north is a two storey dwelling house and to the south two storey dual occupancy building. To the west at 624, 626 and 628 Old South Head Road there are a number of one and two storey developments. The locality is characterised by a mix of dwelling houses and residential flat buildings of various architectural styles. 8 The Court met on site and had the opportunity of viewing the site and understanding the streetscape and the development within the the context of the area. 9 It is noted that under the Woollahra Local Environmental Plan 1995 there are a number of aims and objectives. More relevant ones to this development application are: (b) to provide a comprehensive planning instrument that is clear and explicit but which provides flexibility in its application; (c) to promote the management, development, conservation and economic use of property within the area to protect the amenity of the area; (i) to provide the framework for more detailed controls contained with development control plans which was emphasises by the respondent. 10 The objectives of the plan in relation to residential development include: to encourage and facilitate opportunities for diversity in dwelling density, type and tenure in suitable locations; and to encourage and promote sustainable development by extending the use of existing and new residential buildings through the provision of fully accessible and adaptable housing requirements. 11 The LEP contains a provision for definition and interpretation in for the 'notes' in the plans and the explanatory notes do not form part of the plan but are to assist in its understanding. 12 In terms of the 2(b) zone the objectives of relevance are: Particular to provide for areas of medium and high density residential development in appropriate locations; and to encourage a diversity of dwelling types and tenure. Other objectives relate more to the foreshore and non-residential uses in the residential zones. 13 The clause relating to site area and frontages is contained in 10(B) and subcl (2). The proposed development complies, that is the site is more than 930 square metres and more than 25 metres required for residential flat buildings containing more than four dwellings. 14 The floor space ratio in the LEP for the subject site is 0.75 to 1. It is noted that in the Rose Bay Precinct that land behind the subject site was an FSR 1:1 and also land opposite in Spencer Street was a floor space ratio of 1:1. The sites including the subject on the eastern side of Spencer Street have a lower floor space ratio of 0.75:1 but are within the same zoning. 15 I shall now go to the Development Control Plan of 2003. The description provided for the Rose Bay Precinct is: "between Old South Head Road/New South Head Road and the precinct incorporates the hillside at the neck of the Eastern Suburbs peninsula and the lowest part of the Rose Bay basin. The street block system in the low lying area is generally rectilinear allowing for consistent regular building allotments. On the hillside an irregular street and block pattern occurs reflecting the landform. Prominent building types within the precinct include inter-war attached housing and art deco apartment buildings. Recent development particularly in Spencer and Carlisle Streets has seen the subdivision pattern altered to create large allotments for residential flat buildings and which has seen a change in local character. This character change is to be maintained in this location. A change of character is also envisaged along Old South Head Road with a view to providing greater intensity of development adjacent to the regional road transitioning to smaller development behind where a mix of residential houses and smaller residential flat buildings is envisaged." 16 There are a number of desired future character objectives for the Rose Bay Precinct and these include: to encourage development in scale in relation to the function and role of the streets they address; to reinforce a consistent building scale across both sides of the street; to ensure that new development reinforces the precinct's topography to maintain the evolution of residential building styles through the introduction of world design contemporary buildings The desired future character performance criteria also included in the plan and it is to ensure that development respects and enhances the existing elements of the local neighbourhood character. This refers to the rich mixture of residential architectural styles and forms and the tree canopy from by both street and private yard plantings, the relationship of residential development to open spaces. 17 For side boundary setbacks included in C4.9.4 where the site width exceeds 18 metres at the front alignment, development is to have a minimum side boundary of 3 metres and the side setback is increased on a pro rata basis by 0.5 metres for each metre or part thereof, where the building exceeds 6 metres. It is noted in the diagram to maintain a reasonable separation between buildings and to avoid an unreasonable sense of enclosure side boundary setbacks are to be a minimum of 3 metres. 18 There are a number of controls including a maximum height of 9.5 metres. The proposed development complies with the maximum height of 9.5 metres. The two storeys control is exceeded because the proposal is 3 storeys in part. Council does not take issue with this as the development generally complies with the height limit. 19 Section 4 includes the properties that front Old South Head Road and some of the properties on the opposite side of the road and there are separate controls these allow for three storey development and in this portion the FSR is 1:1. 20 The council contends and its assessment is based on the fact that with the conditions as proposed by the council then the proposed development would be satisfactory. 21 At this point, I need to read the conditions that have been imposed. We should go to Exhibit 5 which contains the conditions because one has been subsequently excluded from the council officer's report. 22 The conditions which the council has imposed relate to the issue of FSR and setbacks: (a) In order to reduce the extent of the non-compliance with Council's FSR development standard, the full length of the eastern elevation to unit three (3) and unit four (4) shall be set back a further 1.0m from the eastern rear boundary at the second floor level. The internal layout of the second floor level: bedrooms, walk in robes and en suites may be modified to accommodate this requirement. (b) In order to reduce the extent of non-compliance the northern side setback control and FSR development standard, the full length of the northern elevation to unit one (1) shall be set back a further 0.5m from the northern side boundary at first floor level; (c) In order to reduce the extent of the non-compliance with Council's northern side setback control and FSR development standard, the first floor northern elevation to bedroom two (2), the bathroom, and bedroom three (3) and unit three (3) shall be set back a further 0.5m from the northern side boundary at first floor level. (d) In order to achieve compliance with eastern rear setback control and to reduce the extent of the non-compliance with Council's FSR development standard, the entire length of the splayed western rear elevation at ground floor level and first floor level (which forms the rear wall to the dining areas of units three (3) and four (4), the rear wall to bedroom one (1) to unit four (4) and the rear wall to bedroom one (1) and part of bedroom two (2) to unit three (3)) and the entire length of the rear balcony shall be set in by a further 1.0m from the rear eastern boundary. 23 The SEPP 1 objection the council contends is not well founded. The development would only be approvable on the basis of a reduction of the FSR. 24 The applicant submitted a SEPP 1 objection and the SEPP 1 objection has become Exhibit D. This provides for an assessment in terms of the aims and objectives of the SEPP and the objectives of the standard. 25 The Court has the benefit of not only the SEPP 1 but the further assessments that have been carried out for these proceedings. In particular the joint report provided further assessment of the SEPP 1 objection and Mr Betros says that the SEPP 1 is well founded for a number of reasons because it is consistent with the objective of the zone "to set the maximum density for new development the density is consistent with or less than the predominant density associated with comparable developments along both sides of Spencer Street and appears the majority of developments have been constructed since the adoption of the 1995 LEP which demonstrates that council has consistently varied the FSR standard in this immediate locality." He then states that a reduction to achieve numerical compliance would only serve to reduce the internal amenity and quality of the dwellings. 26 Mr Betros also addresses the objective of the standard to control building density bulk and scale and states that the two storey presentation to Spencer Street and the predominant compliance with setbacks ensure the bulk and scale is consistent with the form of development contemplated by the density provisions. In terms of objective (c) "to minimise adverse environmental effects on the use or enjoyment or both of adjoining properties" he states the difference between a development that complied with FSR setbacks and that sought would not have a discernible difference to surrounding properties in relation to sunlight privacy views, the variation sought to the side and rear setback controls are minor, of no impact to sunlight to surrounding properties, it has been demonstrated above that the proposal is acceptable, in relation to amenity impacts. 27 In respect of objective (d) "to relate new development to the existing character," Mr Betros states the scale and density of the development is consistent with or less than comparable developments along both sides of Spencer Street while the predominantly compliant setbacks ensure desirable amenity outcomes to surrounding neighbours. 28 It is noted that Ms Smith contends that cl 11 of the LEP stipulates that a building shall not be erected where it exceeds an FSR of 0.75 to 1 and the officer's recommendation was to approve the development subject to that reduction. She has also assessed the proposal with the benefit of Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 and the underlying purposes of the standard have also been set out. 29 Ms Smith is of the opinion that the reduction in the setbacks causes a sense of enclosure and that there should be greater setbacks for the height of the walls that are proposed. In terms of the FSR the applicant has not demonstrated that the proposal should not comply with the FSR, and that the control would be unreasonable or unnecessary. She is of the opinion that there are adverse impacts on the adjoining property to the south in terms of additional overshadowing which is caused by the reduced setbacks and the excessive FSR and she states that insisting on full compliance with the FSR will ensure consistency with the objectives of the development standard. 30 The Court has the opportunity of asking questions of the experts on the table that was provided in the council officer's report which was also reproduced in the joint report and this table shows a number of approvals within the Spencer Street. In particular I will focus on those properties on the same side of the road as the subject site because the FSR is 0.75:1 as opposed to 1:1 and it is noted for 25-27 Spencer Street approved in 2002 it has an FSR of 0.99:1, the property at 37-39 approved 1999 also has an FSR of 0.99:1 and the property at 53-57 approved in 2001 has an FSR of 0.91:1. The other properties on the opposite side of the road are 1:1 or greater and the control allows for 1:1. 31 The applicant contends that the proposed development satisfies the stated objectives of the development standard and as such it is unreasonable and unnecessary to strictly comply. 32 The applicant also referred to the fourth test, or fourth method I should call it, in the judgment of Wehbe v Pittwater Council [2007] NSWLEC 827, a judgment of the Chief Judge of this Court in December 2007. At paragraph 43: "The rationale is that development standards are not ends in themselves but means of achieving ends. The ends are environmental or planning objectives. Compliance with the development standard is fixed as the usual means by which the relevant environmental planning objective is able to be achieved. However, if the proposed development proffers an alternative means of achieving the objective, strict compliance with the standard would be unnecessary, it is achieved anyway, and unreasonable, no purpose would be served. The fourth way is to establish the development standard has been virtually abandoned or destroyed by the council's own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable". 33 The respondent states that the council has not abandoned the control as such and that this is not an appropriate way to assess the application. While not determinative the evidence to the Court would appear to suggest that the FSR has been flexibly implemented in this portion of the street for approved developments. However in my assessment this in itself is not a reason to uphold the SEPP 1 objection in this case and it is not a matter that I make comment on as to whether it has been virtually abandoned. 34 Clearly every development application must be assessed on its own merits and I turn to the traditional and first method of assessment in terms of the SEPP 1. That is are the objectives of the standard satisfied. 35 In this regard, I have the benefit of all the evidence to the Court and I must address these objectives. That is "to set the maximum density for new development" is a statement in itself and the LEP provides for an FSR of 0.75:1. We can see in this streetscape the FSR of 0.75:1 has been varied repeatedly. Council has used its discretion with the flexibility provided by SEPP 1. 36 Objective (B) is, "to control building density, bulk and scale in all residential and commercial localities in order to achieve the desired future character objectives of those localities." In this regard it is appropriate to have regard to the development control plan as I cited earlier, for the character of the area. The character of the area is seen to be changing and this is clearly contemplated by the council in its development control plan for the Rose Bay P That is with the creation of larger allotments for residential flat buildings is seen as a pattern to be continued and encouraged. It is also noted that the future character objectives include, "to reinforce a consistent building scale across both sides of the street." 37 There are different FSRs for both sides of this street, the proposed development will not nearly equate to development that is opposite in terms of the FSRs that have been approved. In fact the FSR for this proposed development is significantly less than many on this side of the street although this is not the test either, it is whether in fact the desired future character of the objectives of those localities are achieved and in this instance this objective is satisfied in my assessment and I agreed with Mr Betros. 38 Objective (C) is "to minimise adverse environmental effect on the use or enjoyment or both of adjoining properties." Council considers the proposed development does not minimise adverse environmental effect. In my overall assessment having regard specifically to this objective, having regard to the character statement in the DCP, having regard to reasonableness in terms of adverse effects, I am satisfied the proposed development is one that fulfils the objective to minimise adverse environmental effect on the use or enjoyment of adjoining properties and that the exceedence in the FSR does not create adverse environmental effects that are unreasonable and in my assessment this objective is met. 39 Objective D is, "to relate new development to the existing character of the surrounding built and natural environment as viewed from the streetscape." Once again clearly from what has gone before the proposed development is one that will sit comfortably in the streetscape in terms of relating to new developments and it is not one that will create unreasonable adverse impact on adjoining development. As such the proposed development in my assessment satisfies objective D of the FSR standard 40 While the 'note' states that the permissible FSR is not of right on any merits assessment FSRs and height limits are not of right and every case must be assessed on its merits. But in terms of my assessment under SEPP 1 I am satisfied the proposed development meets the objectives of the standard and in terms of the aims of the policy, that is cl 3, the proposal fulfils this in that the policy provides flexibility in the application of planning controls where strict compliance would be unreasonable or unnecessary or tend to hinder the attainment of the objectives specified in the objects under section 5. In the instance of this case having regard to the objectives of the standard being fulfilled the FSR of 0.75:1 is unnecessary and for the flexibility envisaged by SEPP 1 is appropriate in the circumstances of this particular case. 41 Also in respect of an assessment under SEPP 1 on concurrence there are no issues of Sate or regional environmental planning. With respect to the issue of public benefit of maintaining planning controls, yes there is always a public benefit in maintaining controls and the individual assessment of every application must be considered against the framework of the planning controls and in this regard in my assessment the public benefit of maintaining the planning controls would not be undermined. That is it can be seen that Council has exercised flexibility in approving developments greater than the FSR in this locality. 42 I am satisfied the proposed development would be equal to one that is compliant in terms of the FSR and there are not adverse impacts. I recognise that the absence of environmental impact in itself is not a reason to uphold a SEPP 1 objection, one must go back to the objectives of the standard which are clearly articulated in cl 11AA of the LEP 43 In many respects the SEPP 1 objection overlaps with the merit assessment, or coincides with the SEPP 1 assessment. I have considered how a reduction in the FSR could be achieved. This could have been achieved in a number of ways. For example the central courtyards could have been enlarged and the overall extent setback to the rear boundary would remain as proposed. But the true test is to see whether the proposal satisfies the objectives of the FSR and one of those objectives clearly is that environmental impacts or adverse impacts are minimised. I am satisfied that the proposed development will not create unreasonable impacts and the location of the FSR at the point where council is requiring a reduction and a further setting back in my assessment is not required to satisfy the objectives of the standards. 44 There are no impacts in terms of privacy and the separation distances there has been consideration given to the separation distances with the properties along Old South Head Road. One of the properties has a separation distance of some 34 metres from habitable living areas to habitable living areas and it is noted that the property with the three dwelling houses erected thereupon, or units, has a lesser separation but in my assessment this does not result in privacy/overlooking concerns or a sense of enclosure from the proposed building. 45 The proposal has a compliant setback in terms of the rear boundary setback and an additional setback on the northern portion of 0.5 metres is not required as the amenity of the adjoining dwelling on the northern boundaries in Spencer Street is not adversely impacted. The proposal has the benefit of a built form which is separated by a courtyard which will also benefit adjoining properties. The location of the FSR in the position contended by the council I have not been convinced would warrant refusal of the application on a merits assessment either. 46 It is curious, and I just say this by way of comment, there has been a rather unusual approach in the assessment of this development application. The assessment report is premised on a set of conditions and the assessment flows from those conditions as opposed to assessing the proposal before the council and then formulating any necessary conditions to overcome adverse impacts or recommending a refusal. In some respects it is working backwards to start with a condition for an FSR and then carryout the assessment. 47 The report in many places prefaces the assessment of matters/impacts by stating, "subject to conditions" these matters are okay as opposed to looking at the development application and saying that balcony or that wall has this impact and for that reason it needs to be reduced or needs to be set back further. It is important the focus of the assessment must be the development application before the council and the assessment report is, as I stated, premised on "there are conditions in the recommendation which require this reduction" and then the assessment flows from that. 48 It is always appropriate or important and essential to look at what the impacts are from the proposed development as shown in the development application. Clearly it must be assessed against any local planning regime and justification of variations must be given. In the circumstances of this case I am satisfied the proposed development is reasonable and there is justification in varying the council's controls. 49 The setbacks must be assessed on the basis of whether there are any amenity impacts in terms of the development control plan provisions and its objectives. An increased setback to the side boundary is not warranted in the circumstances of this case in my assessment. It could be seen and was shown on plan by the experts that the 6 m wall height is exceeded by between 200 and 700 millimetres on one building, and between 200 and 910 on the other building and I am satisfied that this would not create a sense of enclosure for the adjoining property. Similarly the setback to the rear is as contemplated in council's controls and the incursion of the 800 millimetre balcony at the upper level for bedrooms is not a matter that would warrant refusal. It is also noted that the balconies are not included in the FSR calculation and in my assessment there is no need for a further setback. 50 There can be appropriate landscaping to punctuate the building form when viewed from the properties at the rear that front New South Head Road as opposed to screening. The building will sit comfortably on the site and sit comfortably in the streetscape and this area is one that clearly is envisaged for redevelopment to residential flat buildings. The building presents itself in terms of design as appropriate and indeed the council officer's assessment under SEPP 65 I endorse on the proposed ten principles that one must consider under SEPP No. 65. 51 The applicant has indicated that it would prepare an amended landscape plan both to have regard to the additional setback on the southern boundary and also having regard to the need to provide for appropriate canopy trees, shrubs of a size commensurate with the area in terms of the DCP requirement that I cited earlier. 52 The issues raised by objectors of privacy and overlooking have been covered in my assessment as I am satisfied the proposed development having regard to the relationship of windows, sill heights glazing et cetera does not create adverse overlooking/privacy concerns and there are appropriate separation distances habitable rooms to habitable rooms. The building height is compliant and I am also satisfied that there will not be a sense of enclosure created or that the height of the walls for the proposed development are such that they would be overwhelming on adjoining properties. 53 Accordingly, on the basis of my assessment the formal Orders of the Court on the receipt of an amended landscape plan satisfactory to council will be: (1) The appeal for 45-47 Spencer Street, Rose Bay, is upheld; (2) The development application submitted to Woollahra Council and as amended and shown in the revision E plans and the amended landscape plan is approved subject to the conditions contained within council's Exhibit 5 with the deletion of the conditions C(a) through to (d); (3) The exhibits will be returned except to the parties 2, 3, 5, A, B and Exhibit F. 54 There was a motion at the beginning of the proceedings for the amended plans version E. I note the council did not object to these plans being the subject of the proceedings. As such it is also noted that there are no costs with respect to the amended plans. ___________________ J S Murrell Commissioner of the Court ljr Annexure 'A' Conditions of Consent CSA ARCHITECTS PTY LIMITED -v- WOOLLAHRA MUNICIPAL COUNCIL A. General Conditions A.1 Approved Plans and supporting documents Those with the benefit of this consent must carry out all work and maintain the use and works in accordance with the plans and supporting documents listed below as submitted by the Applicant and to which is affixed a Council stamp "Approved DA Plans" unless modified by any following condition. Where the plans relate to alterations or additions only those works shown in colour or highlighted are approved. Reference Description Author/Drawn Date(s) HSP-01 Rev E 16/12/08 HSP-02 Rev E 16/12/08 HSP-03 Rev E Architectural Plans CSA Architects 16/12/08 HSP-04 Rev E 16/12/08 HSP-05 Rev E 16/12/08 HSP-06 Rev E 16/12/08 213473M BASIX Certificate Department of Planning 04/09/08 Job number 208-597 Flood Assessment Report Greenarrow Hydraulics P/L 05/09/08 Revision B 08/01466 Geotechnical Report Michael Adler and Associates 09/09/08 DA02 (Revision A) Landscape Plan Michael Zinn January 2009 Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan. Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g) of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate.) Standard Condition: A5 A.2 Allotments The survey plan has identified that the development site is comprised of separate allotments. These are to be consolidated into one lot and a new plan of subdivision prepared. Prior to the release of the Final Building Certificate a final Plan of Survey prepared and certified by a Registered Surveyor must be submitted and approved by the Accredited Certifier. A.3 Conditions Consent is granted subject to the following conditions imposed pursuant to section 80 of the Environmental Planning & Assessment Act 1979 ("the Act") and the provisions of the Environmental Planning and Assessment Regulation 2000 ("the Regulation") such conditions being reasonable and relevant to the development as assessed pursuant to section 79C of the Act. Standard Condition: A1 A.4 Definitions Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard® or Australian/New Zealand Standard®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate. Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney's eastern suburbs (see the brochure titled "Local Native Plants for Sydney's Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: a. The collection of stormwater, b. The retention of stormwater, c. The reuse of stormwater, d. The detention of stormwater, e. The controlled release of stormwater; and f. Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site. Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act. Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: a. the use of land in connection with development, b. the subdivision of land, c. the erection of a building, d. the carrying out of any work, e. the use of any site crane, machine, article, material, or thing, f. the storage of waste, materials, site crane, machine, article, material, or thing, g. the demolition of a building, h. the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of land, i. the delivery to or removal from the site of any machine, article, material, or thing, or j. the occupation of the site by any person unless authorised by an occupation certificate. Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council. Standard Condition: A2 A.5 Ancillary Aspect of the Development (s80A(2) of the Act) The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council's "Specification for Roadworks, Drainage and Miscellaneous Works" dated January 2003 unless expressly provided otherwise by these conditions at the owner's expense. Note: This condition does not affect the principal contractor's or any sub-contractors obligations to protect and preserve public infrastructure from damage or affect their liability for any damage that occurs. Standard Condition: A8 A.6 Prescribed Conditions Prescribed conditions in force under the Act and Regulation must be complied with. Note: It is the responsibility of those acting with the benefit of this consent to comply with all prescribed conditions under the Act and the Regulation. Free access can be obtained to all NSW legislation at www.legislation.nsw.gov.au Standard Condition: A30 B. Conditions which must be satisfied prior to the demolition of any building or construction B.1 Establishment of Tree Protection Zones To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements; a) Tree Protection Zone areas Council Reference No: Species Location Radius from Trunk (Metres)* 1 Lophostemon confertus (Brushbox) Council nature strip- front of number 45 Spencer street 2.5 metres 2 Lophostemon confertus (Brushbox) Council nature strip- between number 47 & 49 Spencer Street 2.5 metres *NB: Where this condition relates to street trees and the fence cannot be placed at the specified radius, the fencing is to be positioned so that the entire verge (nature strip) area in front of the subject property, excluding existing driveways and footpaths, is protected. b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works. c) Trunk protection, to a maximum height permitted by the first branches, is to be installed around the trunks of the trees listed in the table below; Council Reference No: Species Location 1 Lophostemon confertus (Brushbox) Council nature strip- front of number 45 Spencer street 2 Lophostemon confertus (Brushbox) Council nature strip- between number 47 & 49 Spencer Street A padding material e.g. Hessian or thick carpet underlay, is to be wrapt around the trunk first. Harwood planks, 50x100mm and to the maximum possible length, are to be placed over the padding and around the trunk of the tree at 150mm centres. These planks are to be secured in place by 8 gauge wire at 300mm spacing. d) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist. e) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (e.g. retaining wall etc) to prevent erosion within the Tree Protection Zone. f) Sediment control measures are to be installed around all Tree Protection Zones to protect the existing soil levels. g) The storage of materials, stockpiling, sitting of works sheds, preparation of mixes, cleaning of tools or equipment is not permitted within Tree Protection Zones. Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction. Standard Condition: B5 B.2 Recording of buildings with little or no heritage significance that are to be demolished: A photographic archival record of the building and landscape elements to be demolished is to be submitted prior to the commencement of demolition work and prior to the issue of a Construction certificate. The photographic archival recording is to be bound in an A4 format and is to include the following: Site plan at a scale of 1:200 (or 1:500 if appropriate) of all structures and major landscape elements including their relationship to the street and adjoining properties. Postcard sized photographs of: a. each elevation, b. each structure and landscape feature; c. views to the subject property from each street and laneway or public space. Each photograph to be mounted, labelled and cross-referenced in accordance with recognised archival recording practice. One original coloured photographic set and a coloured photocopy are to be submitted to the satisfaction of Council prior to the commencement of demolition work and prior to the issue of a construction certificate. The original will be retained by Council and the coloured photocopy will be provided to the Woollahra Local History Library. Standard Condition: B4 (Autotext BB4) B.3 Construction Certificate required prior to any demolition Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act. Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125. Standard Condition: B1 C. Conditions which must be satisfied prior to the issue of any construction certificate C.1 Modification of details of the development (s80A(1)(g) of the Act) The approved plans must be amended and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail: FSR and Setbacks: a. In order to reduce the extent of the non-compliance with Council's FSR development standard, the full length of the eastern elevation to unit three (3) and unit four (4) shall be set back a further 1.0m from the eastern rear boundary at the second floor level. The internal layout of the second floor level: bedrooms, walk in robes and en suites may be modified to accommodate this requirement. b. In order to reduce the extent of the non-compliance with Council's northern side setback control and FSR development standard, the full length of the northern elevation to unit one (1) shall be set back a further 0.5m from the northern side boundary at first floor level. c. In order to reduce the extent of the non-compliance with Council's northern side setback control and FSR development standard, the first floor northern elevation to bedroom two (2), the bathroom, and bedroom three (3) of unit three (3) shall be set back a further 0.5m from the northern side boundary at first floor level. d. In order to achieve compliance with the eastern rear setback control and to reduce the extent of the non-compliance with Council's FSR development standard, the entire length of the splayed eastern rear elevation at ground floor level and first floor level (which forms the rear wall to the dining areas of units three (3) and four (4), the rear wall to bedroom one (1) to unit four (4) and the rear wall to bedroom one (1) and part of bedroom two (2) to unit three (3)) and the entire length of the rear balcony shall be set in by a further 1.0m from the rear eastern boundary. The internal layout including balcony may be modified to accommodate this requirement. Fences e. To ensure a satisfactory streetscape outcome, the front fence to the western boundary shall be a maximum height of 1.7m, with a minimum transparency of 50%. f. To protect the amenity of the neighbouring properties, the height of any new side or rear boundary fences shall be a maximum height of 1.8m as measured from existing ground level. Visual privacy g. To protect the visual privacy of the adjoining properties, the first floor level windows to the southern elevation to unit two (2) shall either have a minimum sill height of 1.7m or shall be fixed and glazed with translucent glass to a height of 1.7m. Alternatively, the windows can be awning type windows openable to a maximum of 125mm (restrictive stay) with translucent glazing to a height of 1.7metres. i. To protect the visual privacy of the adjoining properties, the privacy screens to the first floor windows to the southern elevation to unit four (4) shall include vertical louvers, which are openable to a maximum of 45 degrees from the vertical plane of the window to allow sunlight access and views to the south east. The louvers shall be spaced to ensure that no views from the window are available to No. 43 Spencer Street; the adjoining property to the south. j. To protect the visual privacy of the adjoining properties, the ground floor living room windows to the northern elevation of unit one (1) shall either have a minimum sill height of 1.7m or shall be fixed and glazed with translucent glass to a height of 1.7m. Alternatively, the windows can be awning type windows openable to a maximum of 125mm (restrictive stay) with translucent glazing to a height of 1.7metres. k. To protect the visual privacy of the adjoining properties, the ground floor WC window to the northern elevation of unit one (1) shall either have a minimum sill height of 1.7m or shall be fixed and glazed with translucent glass to a height of 1.7m. Alternatively, the windows can be awning type windows openable to a maximum of 125mm (restrictive stay) with translucent glazing to a height of 1.7metres. l. To protect the visual privacy of the adjoining properties, the first floor staircase window to the northern elevation of unit three (3) shall be fixed and glazed with translucent glass. Alternatively, the windows can be awning type windows openable to a maximum of 125mm (restrictive stay) with translucent glazing to a height of 1.7metres. m. To protect the visual privacy of the adjoining properties, the first floor bathroom window to the northern elevation of unit three (3) shall be fixed to a height of 1.7m and glazed with translucent glass. Alternatively, the windows can be awning type windows openable to a maximum of 125mm (restrictive stay) with translucent glazing to a height of 1.7metres. n. To protect the visual privacy of the neighbouring properties, the first floor bedroom two (2) and bedroom three (3) windows to the northern elevation of unit three (3) shall be fixed and glazed with translucent glass to a height of 1.7m. Alternatively, the windows can be awning type windows openable to a maximum of 125mm (restrictive stay) with translucent glazing to a height of 1.7metres. o. To protect the visual privacy of the neighbouring properties, a 1.7m high solid privacy screen shall be inserted along the northern side of the front (western) balcony to unit one (1). p. To protect the visual privacy of the neighbouring properties, the upper level windows to the northern elevation of unit one (1) shall either have a minimum sill height of 1.7m or shall be fixed and glazed with translucent glass to a height of 1.7m. Alternatively, the windows can be awning type windows openable to a maximum of 125mm (restrictive stay) with translucent glazing to a height of 1.7metres. Vehicle access: q. The access to the driveway is to include splays to allow adequate site distance to traffic and pedestrians. The splays are to be 2.0m by 2.0m. r. The full removal of the redundant vehicle crossing and the reinstatement of the K&G and grass verge to Council's standard drawing RF3. s. The footpath is to be reconstructed for the full length of the property's frontage in accordance with Council's standard drawing RF3. Screen Planting: t. Screen planting with a minimum height of 1.8 metres at planting stage is to be provided along the entire length of the eastern rear boundary. This requirement is imposed to ensure an adequate level of privacy to No. 626 and 628 Old South Head Road is maintained. C.2 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the Local Government Act 1993) The person(s) with the benefit of this consent must pay the following long service levy, security, development levy, and fees prior to the issue of any construction certificate, subdivision certificate or occupation certificate, as will apply. The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees. Specifically a. prior to the issue of a construction certificate, where a construction certificate is required; or b. prior to the issue of a subdivision certificate, where only a subdivision certificate is required; or c. prior to the issue of an occupation certificate in any other instance. Description Amount Indexed Council Fee Code LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986 Long Service Levy Contact LSL No Use Calculator: http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm Corporation or use their online calculator SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979 Property Damage Security Deposit - Making good any damage caused to any property of the Council as a consequence of the doing of anything to which the consent relates. $52,470.00 No T115 Tree Damage Security Deposit – $5,200.00 No T114 Making good any damage caused to any public tree as a consequence of the doing of anything to which the consent relates. DEVELOPMENT LEVY under Woollahra Section 94A Development Contributions Plan 2005 This plan may be inspected at Woollahra Council or downloaded from our website www.woollahra.nsw.gov.au . Development Levy (S94A) $25,231.19 + Index Amount Yes, quarterly T96 INSPECTION FEES under section 608 of the Local Government Act 1993 Public Tree Management Inspection Fee $160 No T95 Public Road and Footpath Infrastructure Inspection Fee $375.00 No T45 Security Administration Fee $175.00 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES $83,611.19 Plus any relevant indexed amounts and long service levy Building & Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building & Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate. Note: The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation's website http://www.lspc.nsw.gov.au/ or by telephoning the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by: a. Cash deposit with Council, b. Credit card payment with Council, or c. Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: a. the guarantee is by an Australian bank for the amount of the total outstanding contribution; b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first; c. the bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and d. the bank's obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required. How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2005 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2005 Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: a. the reasons given; b. whether any prejudice will be caused to the community deriving benefit from the public facilities; c. whether any prejudice will be caused to the efficacy and operation of this plan; and d. whether the provision of public facilities in accordance with the adopted works schedule will be adversely affected. Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where: a. the guarantee is by an Australian bank for the amount of the total outstanding contribution; b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first; c. the bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and d. the bank's obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5 C.3 Road and Public Domain Works – Council approval required This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit. Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage) within existing roads, must be submitted to and approved by Council under the Roads Act 1993, before the issue of any Construction Certificate. Specific works include: + Full width vehicular crossings having a width of 4.0m in accordance with Council's standard drawing RF2. + The full removal of the redundant vehicle crossing and the reinstatement of the K&G and grass verge to Council's standard drawing RF3 + The footpath is to be reconstructed for the full length of the property's frontage in accordance with Council's standard drawing RF3. + A design longitudinal surface profile for the proposed driveway must be submitted for assessment. The driveway profile is to start from the road centreline and be along the worst case edge of the proposed driveway. Gradients and transitions must be in accordance with Clause 2.5.3, 2.6 of AS 2890.1 – 2004, Part 1 – Off-street car parking. The driveway profile submitted to Council must be to (1:25) scale (for template checking purposes) and contain all relevant details: reduced levels, proposed grades and distances Access levels and grades to and within the development must match access levels and grades within the road approved under the Roads Act 1993. All public domain works must comply with Council's "Specification for Roadworks, Drainage and Miscellaneous Works" dated January 2003 unless expressly provided otherwise by these conditions. This specification can be downloaded from www.woollahra.nsw.gov.au . Note: To ensure that this work is completed to Council's satisfaction, this consent by separate condition, may impose one or more Infrastructure Works Bonds. Note: Road has the same meaning as in the Roads Act 1993. Note: The intent of this condition is that the design of the road, footpaths, driveway crossings and public stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate. Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent. Standard Condition: C13 C.4 Utility Services Generally The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must demonstrate that all utility services (telecommunications, electricity, gas, water and waste water) will be provided underground. All service ducts, pipes and conduits must be provided within the fabric of the building (excluding stormwater down pipes). Where telecommunications and electricity are provided from existing poles in the road they must, in accordance with the relevant suppliers' requirements, be carried to the site underground directly to the main switch board within the fabric of the building. Note: Where adequate provision has not been made for an electrical sub-station within the building, this may necessitate the lodgement of an application to amend this consent under section 96 of the Act to detail the location, landscape/streetscape impacts and compliance with AS2890 as applicable. The location of service poles and substations required by the relevant suppliers must be shown upon the plans submitted with any Construction Certificate application together with a letter from each relevant supplier setting out their requirements. Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building unless expressly shown upon the approved DA plans. Details confirming compliance with this condition must be shown on the Construction Certificate plans and/or detailed within the Construction Certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on the Construction Certificate plans. Note: The intent of this condition is that the design quality of the development must not be compromised by cables, pipes, conduits, ducts, plant, equipment, electricity substations or the like placed such that they are visible from any adjoining public place. They must be contained within the building unless shown otherwise by the approved development consent plans. The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the replacement of all private sewer pipes between all sanitary fixtures and Sydney Waters sewer main where they are not found by inspection to be UPVC or copper with continuously welded joints. Note: This condition has been imposed to ensure that where private sewer pipes are old, may leak or may be subject to root invasion (whether from existing or proposed private or public landscaping) that existing cast iron, concrete, earthenware or terracotta pipes be replaced with new UPVC or copper continuously welded pipes between all sanitary fixtures and Sydney Waters sewer main, such that clause 25(1) of WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential source of water pollution, unsafe and unhealthy conditions which must be remedied in the public interest. Standard Condition: C20 C.5 Soil and Water Management Plan – Submission & Approval The principal contractor or owner builder must submit to the Certifying Authority a soil and water management plan complying with: a. "Do it Right On Site, Soil and Water Management for the Construction Industry" published by the Southern Sydney Regional Organisation of Councils, 2001; and b. "Managing Urban Stormwater - Soils and Construction" published by the NSW Department of Housing 4th Edition" ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate. Note: This condition has been imposed to eliminate potential water pollution and dust nuisance. Note: The International Erosion Control Association – Australasia http://www.austieca.com.au/ lists consultant experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that expert consultants produce these plans. Note: The "Do it Right On Site, Soil and Water Management for the Construction Industry" publications can be down loaded free of charge from http://www.woollahra.nsw.gov.au/ . Note: Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may satisfied as to this matter. Standard Condition: C25 C.6 Structural Adequacy of Existing Supporting Structures A certificate from a professional engineer (Structural Engineer), certifying the adequacy of the existing supporting structure to support the additional loads proposed to be imposed by the development, must be submitted with the Construction Certificate application. Note: This condition is imposed to ensure that the existing structure structural is able to support the additional loads proposed. Standard Condition: C35 C.7 Professional Engineering Details The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include detailed professional engineering plans and/or specifications for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work complying with this consent, approved plans, the statement of environmental effects and supporting documentation. Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate. Note: This does not affect the right of the developer to seek staged Construction Certificates Standard Condition: C36 C.8 Geotechnical and Hydrogeological Design, Certification & Monitoring The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to: a. Provide appropriate support and retention to ensure there will be no ground settlement or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure. b. Provide appropriate support and retention to ensure there will be no adverse impact on surrounding property or infrastructure as a result of changes in local hydrogeology (behaviour of groundwater). c. Provide foundation tanking prior to excavation such that any temporary changes to the groundwater level, during construction, will be kept within the historical range of natural groundwater fluctuations. Where the historical range of natural groundwater fluctuations is unknown, the design must demonstrate that changes in the level of the natural water table, due to construction, will not exceed 0.3m at any time. d. Provide tanking of all below ground structures to prevent the entry of all ground water such that they are fully tanked and no on-going dewatering of the site is required. e. Provide a Geotechnical and Hydrogeological Monitoring Program that: i. Will detect any settlement associated with temporary and permanent works and structures; ii. Will detect deflection or movement of temporary and permanent retaining structures (foundation walls, shoring bracing or the like); iii. Will detect vibration in accordance with AS 2187.2-1993 Appendix J including acceptable velocity of vibration (peak particle velocity); iv. Will detect groundwater changes calibrated against natural groundwater variations; details: o the location and type of monitoring systems to be utilised; o the preset acceptable limits for peak particle velocity and ground water fluctuations; o recommended hold points to allow for the inspection and certification of geotechnical and hydro-geological measures by the professional engineer; and o a contingency plan. Standard Condition: C40 C.9 Bicycle, Car and Commercial Parking Details The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed plans and specifications for all bicycle, car and commercial vehicle parking in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities, AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking and AS 2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively. The driveway levels on Spencer Street are to be amended as follows: + The existing footpath level and grade at the street alignment of the property must be maintained. + The internal garage floor slab is to be adjusted on private property to match the existing street alignment levels. + Any adjustments required between the garage slab and the street levels are to be carried out internally on private property. The driveway levels are to comply with AS2890.1 and Council's Standard Drawing RF2. + The access to the driveway is to include splays to allow adequate site distance to traffic and pedestrians. The splays are to be 2.0m by 2.0m + Traffic Signal System - a traffic signal system must be implemented to warn approaching vehicles of a vehicle exiting the basement garage. The signal must be clearly visible from the roadway to both pedestrians and vehicles approaching the entrance. The green default light is to face entering traffic. Access levels and grades must comply with access levels and grade required by Council under the Roads Act 1993. The existing footpath crossing grades and footpath levels at the road boundary must be maintained unless varied by an approval under the Roads Act 1993. Revised plans are to be submitted and approved by Council with driveway application. An "Application to carry out works in a public road" available from Council's website http://www.woollahra.nsw.gov.au. must be completed with plans/sections complying with the above and submitted to Council's Customer Service Centre and approved by Council prior to the issue of a Construction Certificate. For any technical enquiries regarding alteration to existing footpath levels, alignments or inspections, please contact Council's Works Supervisor on 9391 7982. The Certifying Authority has no discretion to reduce or increase the number or area of car parking or commercial parking spaces required to be provided and maintained by this consent. Standard Condition: C45 C.10 Stormwater management plan Clause 25(2) WLEP 1995) The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include a Stormwater Management Plan for the site. The Stormwater Management Plan must detail: a. general design in accordance with ITM Design, dated 05/09/2008 revision B, Dwgs No. H-DA-01 and H-DA-02 other than amended by this and other conditions; b. the discharge of stormwater, by direct connection, to K&G; c. compliance the objectives and performance requirements of the BCA; d. any rainwater tank required by BASIX commitments including their overflow connection to the Stormwater Drainage System, and e. general compliance with the Council's draft Development Control Plan Stormwater Drainage Management (draft version 1.1 public exhibition copy dated 14/12/2006), and f. on-site stormwater detention ("OSD'). OSD Requirements The minimum (OSD) Site Storage Requirements ("SSR") and the Peak Site Discharge ("PSD") from the site must be in accordance with the following minimum storage/discharge relationships based upon a 1000m2 site area: Average Reoccurrence Interval PSD L/s Minimum Site Storage Requirement (SSR) m³ 2 year 23.5 L/s 4m³ 25m³ – Dwelling House 100 year 34 L/s 27m³ – Residential Flat Building 29m³ – Other Development All values based on per 1000m² site area (interpolate to site area). Where a rainwater tank is proposed in conjunction with OSD, the volume of the rainwater tank may contribute to the SSR as follows: i. Where the rainwater tank is used for external uses only, 40% of the rainwater tank volume to a maximum of 4m³ , or ii. Where the rainwater tank is used for external and internal uses, 75% of the rainwater tank volume to a maximum of 7.5m³. Example: The Site Storage Requirements may be 25,000 litres and a 10,000 litre rainwater tank is to be used for garden irrigation. Therefore, the rainwater tank contributes 4,000 litres toward SSR. Therefore, the OSD tank needs to be 21,000 litres (25,000 litres less the 4,000 litres allowance). Note: 1m³ = 1,000 litres. The Stormwater Management Plan must include the following specific requirements: Layout plan A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include: + All pipe layouts, dimensions, grades, lengths and material specification, + Location of On-Site Detention, + All invert levels reduced to Australian Height Datum (AHD), + Location and dimensions of all drainage pits, + Point and method of connection to Councils drainage infrastructure, and + Overland flow paths over impervious areas. On-site Detention (OSD) details: + Any potential conflict between existing and proposed trees and vegetation, + Internal dimensions and volume of the proposed detention storage, + Diameter of the outlet to the proposed detention storage basin, + Plans, elevations and sections showing the detention storage basin invert level, centre-line level of outlet, top water level, finished surface level and adjacent structures, + Details of access and maintenance facilities, + Construction and structural details of all tanks and pits and/or manufacturer's specifications for proprietary products, + Details of the emergency overland flow-path (to an approved Council drainage point) in the event of a blockage to the on-site detention system, + Non-removable fixing details for orifice plates where used, Copies of certificates of title, showing the creation of private easements to drain water by gravity, if required. Subsoil Drainage - Subsoil drainage details, clean out points, discharge point. Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable manner. Standard Condition: C51 C.11 Flood protection The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include a Flood Risk Management Plan on the basis of a 1:100 year flood at RL 30.8m AHD for the pedestrian entry and RL 30.29m AHD for the vehicle entry (the flood level), detailing:: a. Habitable floor levels not less than 300mm above the flood level. b. Non-habitable floor levels not less than 150mm above flood level. c. Driveway crest not less than 150mm above flood level before descending into the site (as applicable). Note: The revised driveway profile, gradients and transitions must be in accordance with Australian Standard 2890.1 – 2004, Part 1 (Off-street car parking). The driveway profile submitted to Council must contain all relevant details: reduced levels, proposed grades and distances. Council will not allow alteration to existing reduced levels within the road or any other public place to achieve flood protection. Standard Condition: C54 C.12 Tree Management Details The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information; a. trees to be numbered in accordance with these conditions, b. shaded green where required to be protected and retained, c. shaded yellow where required to be transplanted, d. shaded blue where required to be pruned, e. shaded red where authorised to be removed and, f. references to applicable tree management plan, arborists report, transplant method statement or bush regeneration management plan. Standard Condition: C30 C.13 BASIX commitments The applicant must submit to the Certifying Authority BASIX Certificate 213473M with any application for a Construction Certificate. Note: Where there is any proposed change in the BASIX commitments the applicant must submit of a new BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act. All commitments in the BASIX Certificate must be shown on the Construction Certificate plans and specifications prior to the issue of any Construction Certificate. Note: Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying authority must not issue a construction certificate for building work unless it is satisfied of the following matters: (a1) that the plans and specifications for the building include such matters as each relevant BASIX certificate requires," Standard Condition: C7 C.14 Waste Storage - Residential Units (up to 4 units) The Construction Certificate plans and specifications required by clause 139 of the Regulation, must make provision for: a. the storage of waste and recycling bins behind the building line or within non-habitable areas of the building as close as possible to the service road collection point, b. a path for wheeling bins between the waste and recycling storage area and the collection point free of steps and kerbs and having a maximum grade of 1:8. Standard Condition: C16 C.15 Water and waste water - Section 73 Developers Certificate & Upgrading of existing system (Clause 25(1) WLEP 1995) A developer compliance certificate under Part 6, Division 9 of the Sydney Water Act 1994 must have been issued by the Sydney Water Corporation prior to the issue of any Construction Certificate. The effect of this certificate is that adequate provision has been made or is available for the provision of potable water to and the removal of waste water from the development. Note: Following application to Sydney Water, a 'Notice of Requirements' will detail water and sewer extensions to be built and charges to be paid. Please make early contact with Sydney Water's authorised Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. Note: Further information can be obtained from the Sydney Water Corporation on or telephone 13 20 92 or by visiting their web site: http://www.sydneywater.com.au/html/yourHome/edeveloper/urban_dev_qa.cfm. The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the replacement of all private sewer pipes between all sanitary fixtures and Sydney Waters sewer main where they are not found by inspection to be Sewer grade UPVC or copper with continuously welded joints. Note: This condition has been imposed to ensure that where private sewer pipes are old, may leak or may be subject to root invasion (whether from existing or proposed private or public landscaping) that existing cast iron, concrete, earthenware or terracotta systems are replaced with new UPVC or copper continuously welded pipes between all sanitary fixtures and Sydney Waters sewer main as part of the development, such that clause 25(1) of WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential source of water pollution, unsafe and unhealthy conditions which must be remedied in the public interest. See: http://www.sydneywater.com.au/Publications/Factsheets/SewerfixLookingAfterYourSewerPipes.pdf Standard Condition: C22 C.16 Sound Attenuation of the Swimming Pool Plant Equipment The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the sound attenuation works required to the swimming pool plant equipment to ensure that noise from the swimming pool plant equipment does not to exceed the background noise level when measured at any boundary of the site. Note: Further information including lists of Acoustic Engineers can be obtained from: 1. Australian Acoustical Society—professional society of noise-related professionals (www.acoustics.asn.au /index.php). 2. Association of Australian Acoustical Consultants—professional society of noise related professionals (www.aaac.org.au). Standard Condition: C61 (Autotext CC61) C.17 Swimming and Spa Pools – Child Resistant Barriers The Construction Certificate plans and specifications required by clause 139 of the Regulation must demonstrate compliance (by showing the proposed location of all child-resistant barriers and the resuscitation sign) with the provisions of the Swimming Pools Act 1992. Note: A statement to the effect that isolation swimming pool fencing complying with AS1926 will be installed does not satisfy this condition. The location of the required barriers and the sign must be detailed upon the Construction Certificate plans. Standard Condition: C55 C.18 Swimming and Spa Pools – Backwash The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the connection of backwash to Sydney Waters sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note: The plans must show the location of Sydney Waters sewer, the yard gully or any new connection to the sewer system including a detailed cross section of the connection complying with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note: The discharge of backwash water to any stormwater system is water pollution and an offence under the Protection of the Environment Operations Act 1997. The connection of any backwash pipe to any stormwater system is an offence under the Protection of the Environment Operations Act 1997. Standard Condition: C56 D. Conditions which must be satisfied prior to the commencement of any development work D.1 Dilapidation Reports for existing buildings Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely "zone of influence" of any excavation, dewatering and/or construction induced vibration. These properties must include (but is not limited to): 43 Spencer Street, 49 Spencer Street, The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work. Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work. Standard Condition: D4 D.2 Adjoining buildings founded on loose foundation materials The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose foundation materials being affected by piling, piers or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer. Note: A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible for any damages arising from the removal of any support to supported land as defined by section 177 of the Conveyancing Act 1919. Standard Condition: D6 D.3 Construction Management Plan As a result of the site constraints, limited space and access a Construction Management Plan is to be submitted to Council. Due to the lack of on-street parking availability a Work Zone may be required from Council during construction. A construction management plan must be submitted and approved by Council's Development Engineer. The plan must:- a. describe the anticipated impact of the construction works on: o local traffic routes o pedestrian circulation adjacent to the building site o and on-street parking in the local area, and; b. describe the means proposed to: o manage construction works to minimise such impacts, o provide for the standing of vehicles during construction, o provide for the movement of trucks to and from the site, and deliveries to the site, and; c. show the location of: o any site sheds and any anticipated use of cranes and concrete pumps, o any areas of Council property on which it is proposed to install a Works Zone (Construction Zone), o structures to be erected such as hoardings, scaffolding or shoring, o any excavation. d. describe the excavation impact on the area including o Number and types of trucks to be used o Time frame o Streets to be used o Routes to be taken o Directions of travel o Truck storage areas o It is recommended that vehicle routes be shared o Excavation is to only be carried out outside peak and school hours between 9.30am to 2.30pm week days o The CMP is to include both demolition and excavation works. e. show the location of all Tree Protection (Exclusion) Zones as required within the conditions of this development consent. The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion. Note: A minimum of eight weeks will be required for assessment. Work must not commence until the Construction Management Plan is approved. Failure to comply with this condition may result in fines and proceedings to stop work. Standard Condition: D9 (Autotext: DD9) D.4 Work (Construction) Zone – Approval & Implementation A work zone is required for this development. The principal contractor or owner must apply for, obtained approval for, pay all fees for and implemented the required work zone before commencement of any work. The principal contractor must pay all fees associated with the application and occupation and use of the road as a work zone. All Work Zone signs must have been erected by Council to permit enforcement of the work zone by Rangers and Police before commencement of any work. Signs are not erected until full payment of work zone fees. Note: The principal contractor or owner must allow not less than four weeks (for routine applications) from the date of making an application to the Traffic Committee (Woollahra Local Traffic Committee) constituted under the Clause 22 of the Transport Administration (General) Regulation 2000 to exercise those functions delegated by the Roads and Traffic Authority under Section 50 of the Transport Administration Act 1988. Note: The enforcement of the work zone is at the discretion of Council's Rangers and the NSW Police Service. The principal contractor must report any breach of the work zone to either Council or the NSW Police Service. Standard Condition: D10 D.5 Security Fencing, Hoarding and Overhead Protection Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725. Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare. Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either a. the vertical height above footpath level of the structure being demolished is less than 4.0 m; or b. the least horizontal distance between footpath and the nearest part of the structure is greater than half the height of the structure. The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must a. extend from the common boundary to 200mm from the edge of the carriageway for the full length of the boundary; b. have a clear height above the footpath of not less than 2.1 m; terminate 200mm from the edge of the carriageway (clearance to be left to prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and c. together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa. The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection. The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm. Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like. Note: The principal contractor or owner must allow not less than two (2) weeks from the date of making a hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees. Standard Condition: D11 D.6 Erosion and Sediment Controls – Installation The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a. The Soil and Water Management Plan if required under this consent; b. "Do it Right On Site, Soil and Water Management for the Construction Industry" published by the Southern Sydney Regional Organisation of Councils, 2001; and c. "Managing Urban Stormwater - Soils and Construction" published by the NSW Department of Housing 4th Edition" ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. Note: The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association – Australasia. Note: The "Do it Right On Site, Soil and Water Management for the Construction Industry" publications can be down loaded free of charge from www.woollahra.nsw.gov.au. Note: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution. Note: Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that "the occupier of premises at or from which any pollution occurs is taken to have caused the pollution" Warning, irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed. Standard Condition: D14 D.7 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work: a. that the work must be carried out in accordance with the requirements of the Building Code of Australia, b. in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. This condition does not apply: a. to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or b. to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made. Note: This condition must be satisfied prior to commencement of any work in relation to the contract of insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the Building Code of Australia. Standard Condition: D1 D.8 Site Signs The Principal Contractor or owner builder must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times. "Erection of signs 1. For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work. 2. A sign must be erected in a prominent position on any site on which building work, subdivision `work or demolition work is being carried out: a. showing the name, address and telephone number of the principal certifying authority for the work, and b. showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and c. stating that unauthorised entry to the work site is prohibited. 3. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. 4. This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building. 5. This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State's building laws." Note: PCA and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which imposes a penalty exceeding $1,000). Note: If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder who must ensure that the sign is erected and maintained as required by Clause 98A of the Regulation. Standard Condition: D12 D.9 Toilet Facilities Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: a. must be a standard flushing toilet, and b. must be connected to a public sewer, or c. if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the council, or d. if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Note: This condition does not set aside the requirement to comply with Workcover NSW requirements. Standard Condition: D13 D.10 Building - Construction Certificate, Appointment of Principal Certifying Authority, Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act) The erection of the building in accordance with this development consent must not be commenced until: a. a construction certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited Certifier, and b. the person having the benefit of the development consent has: i. appointed a principal certifying authority for the building work, and ii. notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and b1. the principal certifying authority has, no later than 2 days before the building work commences: i. notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and ii. notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and b2. the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has: i. appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and ii. notified the principal certifying authority of any such appointment, and iii. unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and iv. given at least 2 days' notice to the council of the person's intention to commence the erection of the building. Note: building has the same meaning as in section 4 of the Act and includes part of a building and any structure or part of a structure. Note: new building has the same meaning as in section 109H of the Act and includes an altered portion of, or an extension to, an existing building. Note: The commencement of demolition works associated with an altered portion of, or an extension to, an existing building is considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125. Note: Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can be downloaded from Council's website www.woollahra.nsw.gov.au . Note: It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act.Standard Condition: D15 D.11 Notification of Home Building Act 1989 requirements a. For the purposes of section 80A (11) of the Act, the requirements of this condition are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989. b. Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: i. in the case of work for which a principal contractor is required to be appointed: * the name and licence number of the principal contractor, and * the name of the insurer by which the work is insured under Part 6 of that Act, ii. in the case of work to be done by an owner-builder: * the name of the owner-builder, and * if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit. c. If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information. d. This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State's building laws. Standard Condition: D17 D.12 Establishment of boundary location, building location and datum Prior to the commencement of any work the principal contractor or owner builder must ensure that a surveyor registered under the Surveying Act 2002 sets out: a. the boundaries of the site by permanent marks (including permanent recovery points); b. the location and level of foundation excavations, footings, walls and slabs by permanent marks, pegs or profiles relative to the boundaries of the land and relative to Australian Height Datum ("AHD") in compliance with the approved plans; c. establishes a permanent datum point (bench mark) within the boundaries of the site relative to AHD; and d. provides a copy of a survey report by the registered surveyor detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established pursuant to this condition to the PCA. Note: Where the principal contractor or owner builder notes any discrepancy between the approved development consent and the Construction Certificate, especially in relation to the height, location or external configuration of the building (but not limited to these issues) the principal contractor or owner builder should not proceed until satisfied that the variations as shown are consistent with the consent. Failure to do so may result in a breach of development consent. Note: On larger developments, or where boundary redefinition is required, the placement of new State Survey Marks as permanent marks should be considered by the registered surveyor. Standard Condition: D18 E. Conditions which must be satisfied during any development work E.1 Maintenance of Vehicular and Pedestrian Safety and Access The principal contractor or owner builder and any other person acting with the benefit of this consent must: a. Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway. b. Not use the road or footway for the storage of any article, material, matter, waste or thing. c. Not use the road or footway for any work. d. Keep the road and footway in good repair free of any trip hazard or obstruction. e. Not stand any plant and equipment upon the road or footway. This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with: a. Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all relevant parts of this set of standards. b. Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999. Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval. Note: Section 138 of the Roads Act 1993 provides that a person must not: (a) erect a structure or carry out a work in, on or over a public road, or (b) dig up or disturb the surface of a public road, or (c) remove or interfere with a structure, work or tree on a public road, or (d) pump water into a public road from any land adjoining the road, or (e) connect a road (whether public or private) to a classified road, otherwise than with the consent of the appropriate roads authority. Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only with the prior approval of the council including: Part C Management of Waste: "1. For fee or reward, transport waste over or under a public place 2. Place waste in a public place 3. Place a waste storage container in a public place." Part E Public roads: "1. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway 2. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road." Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway. Standard Condition: E7 E.2 Maintenance of Environmental Controls The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained: a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions; Note 1: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information. Standard Condition: E11 E.3 Compliance with Geotechnical/Hydrogeological Monitoring Program Excavation must be undertaken in accordance with the recommendations of the Geotechnical / Hydrogeological Monitoring Program and any oral or written direction of the supervising professional engineer. The principal contractor and any sub-contractor must strictly follow the Geotechnical / Hydrogeological Monitoring Program for the development including, but not limited to; a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical and hydrogeological measures by the professional engineer; and c) the contingency plan. Note: The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted with the Development Application to be appointed as the professional engineer supervising the work however, it is the Council's recommendation that the author of the report be retained during the construction stage. Standard Condition: E12 E.4 Support of adjoining land and buildings A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building). For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed. Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain: a) the consent of the owners of such adjoining or supported land to trespass or encroach, or b) an access order under the Access to Neighbouring Land Act 2000, or c) an easement under section 88K of the Conveyancing Act 1919, or d) an easement under section 40 of the Land & Environment Court Act 1979 as appropriate. Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land). Note: Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as follows: "Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road." Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road. Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any road, public place, crown land under Council's care control or management, or any community or operational land as defined by the Local Government Act 1993. Standard Condition: E13 E.5 Erosion and Sediment Controls – Maintenance The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) "Do it Right On Site, Soil and Water Management for the Construction Industry" published by the Southern Sydney Regional Organisation of Councils, 2001; and c) "Managing Urban Stormwater - Soils and Construction" published by the NSW Department of Housing 4th Edition ("The Blue Book"). Where there is any conflict The Blue Book takes precedence. Note 1: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution. Note 2: Section 257 of the Protection of the Environment Operations Act 1997 provides that "the occupier of premises at or from which any pollution occurs is taken to have caused the pollution". Warning, irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution. Standard Condition: E15 E.6 Disposal of site water during construction The principal contractor or owner builder must ensure: a) Prior to pumping any water into the road or public stormwater system that approval is obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution, as defined by the Protection of the Environment Operations Act 1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water; c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas. Note: This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution. Standard Condition: E17 E.7 Check Surveys - boundary location, building location, building height and stormwater drainage system relative to Australian Height Datum The Principal Contractor or Owner Builder must ensure that a surveyor registered under the Surveying Act 2002 carries out check surveys and provides survey certificates confirming the location of the building(s), ancillary works, flood protection works and the stormwater drainage system relative to the boundaries of the site and that the height of buildings, ancillary works, flood protection works and the stormwater drainage system relative to Australian Height Datum complies with this consent at the following critical stages. The Principal Contractor or Owner Builder must ensure that work must not proceed beyond each of the following critical stages until compliance has been demonstrated to the PCA's satisfaction: a. Upon the completion of foundation walls prior to the laying of any floor or the pouring of any floor slab and generally at damp proof course level; b. Upon the completion of formwork for floor slabs prior to the laying of any floor or the pouring of any concrete and generally at each storey; c. Upon the completion of formwork or framework for the roof(s) prior to the laying of any roofing or the pouring of any concrete roof; d. Upon the completion of formwork and steel fixing prior to pouring of any concrete for any ancillary structure, flood protection work, swimming pool or spa pool or the like; e. Upon the completion of formwork and steel fixing prior to pouring of any concrete for driveways showing transitions and crest thresholds confirming that driveway levels match Council approved driveway crossing levels and minimum flood levels.; f. Stormwater Drainage Systems prior to back filling over pipes confirming location, height and capacity of works. Note: This condition has been imposed to ensure that development occurs in the location and at the height approved under this consent. This is critical to ensure that building are constructed to minimum heights for flood protection and maximum heights to protect views and the amenity of neighbours. Standard Condition: E20 (Autotext EE20) E.8 Compliance with Council's Specification for Roadworks, Drainage and Miscellaneous Works Road works and work within the Road and Footway All work carried out on assets which are under Council ownership or will revert to the ownership, care, control or management of Council in connection with the development to which this consent relates must comply with Council's Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. The owner, principal contractor or owner builder must meet all costs associated with such works. This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places. Note: A copy of Council's "Specification for Roadworks, Drainage and Miscellaneous Works" can be down loaded free of charge from Council's website www.woollahra.nsw.gov.au Standard Condition: E24 E.9 Compliance with Construction Management Plan All development activities and traffic movements must be carried out in accordance with the approved construction management plan. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request. Note: Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking legislation prevails. Standard Condition: E3 E.10 Tree Preservation All persons must comply with Council's Tree Preservation Order ("the TPO"), other than where varied by this consent. The order applies to any tree, with a height greater than 5 metres or a diameter spread of branches greater than 3 metres, is subject to Council's Tree Preservation Order unless, exempted by specific provisions. Works to be carried out within a 5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written consent of Council. General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s). The Tree Protection Zone(s) must be maintained during all development work. b) Where excavation encounters tree roots with a diameter exceeding 50mm excavation must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions. c) Where there is damage to any part of a tree the principal contractor must procure an inspection of the tree by a qualified arborist immediately. The principal contractor must immediately implement treatment as directed by the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions. Note: Trees must be pruned in accordance with Australian Standard AS 4373 – 2007 "Pruning of Amenity Trees" and Workcover NSW Code of Practice Amenity Tree Industry 1998. Standard Condition: E8 E.11 Tree Preservation & Approved Landscaping Works All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees must be retained: Trees on Council Land Council Reference No: Species Location Dimension (Metres) Tree Value 1 Lophostemon confertus (Brushbox) Council nature strip- front of number 45 Spencer street 9 x 7 metres $2,600 2 Lophostemon confertus (Brushbox) Council nature strip- between number 47 & 49 Spencer Street 9 x 7 metres $2,600 Note: The tree trees required to be retained should appear coloured green on the construction certificate plans. b) The following trees may be removed: Council Reference No: Species Location Dimension (Metres) 3 Syagrus romanzoffianum (Cocos Palm) Front yard of 47 Spencer Street 6 x 2 metres 4 Syagrus romanzoffianum (Cocos Palm) Front yard of 47 Spencer Street 7 x 2 metres 5 Cinnamomum camphora (Camphor laurel) Rear yard of 45 Spencer Street 7 x 4 metres Note: The tree trees that may be removed should appear coloured red on the construction certificate plans. E.12 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work: a. that the work must be carried out in accordance with the requirements of the Building Code of Australia, b. in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. This condition does not apply: a. to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or b. to the erection of a temporary building. In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Standard Condition: E1 E.13 Compliance with Australian Standard for Demolition Demolition of buildings and structures must comply with Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993. Standard Condition: E2 E.14 Requirement to notify about new evidence Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination, heritage significance, threatened species or other relevant matters must be immediately notified to Council and the Principal Certifying Authority. Standard Condition: E4 E.15 Critical Stage Inspections Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation. Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note: The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be satisfied that work is proceeding in accordance with this consent. Note: The PCA may, in addition to inspections, require the submission of Compliance Certificates, survey reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development. Standard Condition: E5 E.16 Hours of Work –Amenity of the neighbourhood a. No work must take place on any Sunday or public holiday, b. No work must take place before 7am or after 5pm any weekday, c. No work must take place before 7am or after 1pm any Saturday, and d. No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack hammering or bulk excavation of land or loading of material to or from trucks must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday. e. No rock excavation being cutting, boring, drilling, breaking, sawing, jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour. This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note: The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council. Note: Each and every breach of this condition by any person may be subject to separate penalty infringement notice or prosecution. Note: The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis. Note: Compliance with these hours of work does not affect the rights of any person to seek a remedy to offensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of the Environment Operations (Noise Control) Regulation 2000. Note: EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm . Note: see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf Standard Condition: E6 E.17 Site Cranes Site Crane(s) and hoist(s) may be erected within the boundary of the land being developed subject to compliance with Australian Standards AS 1418, AS 2549 and AS 2550 and all relevant parts to these standards. Cranes must not swing or hoist over any public place unless the principal contractor or owner builder have the relevant approval under the Local Government Act 1993, Crown Lands Act 1989 or Roads Act 1993. The crane must not be illuminated outside approved working hours other than in relation to safety beacons required by the Civil Aviation Safety Authority under the Civil Aviation Act 1988 (Cth). No illuminated sign(s) must be erected upon or displayed upon any site crane. Note: Where it is proposed to swing a crane over a public place the principal contractor or owner builder must make a separate application to Council under section 68 of the Local Government Act 1993 and obtain activity approval from Council prior to swinging or hoisting over the public place. Note: Where it is proposed to swing a crane over private land the consent of the owner of that private land is required. Alternatively, the principal contractor or owner builder must obtain an access order under the Access to Neighbouring Land Act 2000 or easement under section 88K of the Conveyancing Act 1919 or section 40 of the Land & Environment Court Act 1979 as appropriate. The encroachment of cranes or the like is a civil matter of trespass and encroachment. Council does not adjudicate or regulate such trespasses or encroachments. Standard Condition: E19 E.18 Placement and use of Skip Bins The principal contractor or owner builder must ensure that all waste storage containers, including but not limited to skip bins, must be stored within the site unless: a) Activity Approval has been issued by Council under section 94 of the Local Government Act 1993 to place the waste storage container in a public place, and b) Where located on the road it is located only in a positions where a vehicle may lawfully park in accordance with the Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999. Note: Waste storage containers must not be located on the footpath without a site specific activity approval. Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of any trip hazards. Standard Condition: E21 E.19 Dust Mitigation Dust mitigation must be implemented in accordance with "Dust Control - Do it right on site" published by the Southern Sydney Regional Organisation of Councils. This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as practically possible to minimise dust. Note 1: "Dust Control - Do it right on site" can be down loaded free of charge from Council's web site www.woollahra.nsw.gov.au or obtained from Council's office. Note 2: Special precautions must be taken when removing asbestos or lead materials from development sites. Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au . Other specific condition and advice may apply. Note 3: Demolition and construction activities may affect local air quality and contribute to urban air pollution. The causes are dust, smoke and fumes coming from equipment or activities, and airborne chemicals when spraying for pest management. Precautions must be taken to prevent air pollution. Standard Condition: E23 E.20 Swimming and Spa Pools – Temporary Child Resistant Barriers and other matters Temporary child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992 contains more than 300mm in depth of water at any time. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 as soon as practical. Backwash and any temporary dewatering from any swimming pool or spa pool as defined by the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note: This condition does not prevent Council from issuing an order pursuant to section 23 of the Swimming Pool Act 1992 or taking such further action as necessary for a breach of this condition or the Swimming Pools Act 1992. Standard Condition: E26 F. Conditions which must be satisfied prior to any occupation or use of the building (Part 4A of the Act and Part 8 Division 3 of the Regulation) F.1 Commissioning and Certification of Systems and Works The principal contractor or owner builder must submit to the satisfaction of the PCA works-as-executed ("WAE") plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works, as executed and as detailed, comply with the requirement of this consent, the Act, the Regulations, any relevant construction certificate, the BCA and relevant Australian Standards. Works-as-executed ("WAE") plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA must including but may not be limited to: a. Certification from the supervising professional engineer that the requirement of the Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work. b. All flood protection measures. c. All garage/car park/basement car park, driveways and access ramps comply with Australian Standard AS 2890.1 – "Off-Street car parking." d. All stormwater drainage systems. e. All mechanical ventilation systems. f. All hydraulic systems. g. All structural work. h. All acoustic attenuation work. i. All waterproofing. j. Such further matters as the Principal Certifying Authority may require. Note: This condition has been imposed to ensure that systems and works as completed meet development standards as defined by the Act, comply with the BCA, comply with this consent and so that a public record of works as execute is maintained. Note: The PCA may require any number of WAE plans, certificates, or other evidence of suitability as necessary to confirm compliance with the Act, Regulation, Development Standards, BCA, and relevant Australia Standards. As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services). Note: The PCA must submit to Council, with any Occupation Certificate, copies of works-as-executed ("WAE") plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA upon which the PCA has relied in issuing any Occupation Certificate. Standard Condition: F7 F.2 Amenity Landscaping The owner or principal contractor must install all approved amenity landscaping (screen planting, soil stabilisation planting, etc.) prior to any occupation or use of the site. Note: This condition has been imposed to ensure that the environmental impacts of the development are mitigated by approved landscaping prior to any occupation of the development. Standard Condition: F6 F.3 Occupation Certificate (section 109M of the Act) A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless an occupation certificate has been issued in relation to the building or part. Note: New building includes an altered portion of, or an extension to, an existing building. Standard Condition: F1 F.4 Letter Box(es) All letter boxes must be constructed and located in accordance with AS/NZS 4253:1994 Mailboxes and to Australia Post's satisfaction. Note: This condition has been imposed to ensure that mail can be delivered to occupiers of the site. Standard Condition: F12 F.5 Swimming and Spa Pools – Permanent Child Resistant Barriers and other matters Prior to any occupation or use of the development and prior to filling any swimming pool as defined by the Swimming Pool Act 1992: a. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992. b. The Principal Contractor or owner must apply for and obtain a Compliance Certificate under section 24 of the Swimming Pools Act 1992. c. Public Pools must comply with the NSW Health Public Swimming Pool and Spa Pool Guidelines in force at that time and private pools are encouraged to comply with the same standards as applicable. d. Water recirculation and filtration systems must be installed in compliance with AS 1926.3-2003: Swimming pool safety - Water recirculation and filtration systems. Backwash must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. e. Water recirculation and filtration systems must be connected to the electricity supply by a timer that limits the systems operation such that it does not operate: f. before 8 am or after 8 pm on any Sunday or public holiday, or before 7 am or after 8 pm on any other day. Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from: http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf Standard Condition: F13 G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate No relevant conditions. H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate (s109C(1)(c)) H.1 Road Works (including footpaths) The following works must be completed to the satisfaction of Council, in compliance with Council's "Specification for Roadworks, Drainage and Miscellaneous Works" dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor's or owner's expense: a. stormwater pipes, pits and connections to public stormwater systems within the road; b. driveways and vehicular crossings within the road; c. removal of redundant driveways and vehicular crossings; d. new footpaths within the road; e. new or replacement street trees; f. new footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street. g. new or reinstated kerb and guttering within the road; and h. new or reinstated road surface pavement within the road. Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until compliance has been achieved with this condition. An application for refund of security must be submitted with the Final Occupation Certificate to Council. This form can be downloaded from Council's website www.woollahra.nsw.gov.au or obtained from Council's customer service centre. Standard Condition: H13 H.2 Positive Covenant & Works-As-Executed certification of stormwater systems On completion of construction work, stormwater drainage works are to be certified by a professional engineer with Works-As-Executed drawings supplied to the PCA detailing: a. compliance with conditions of development consent relating to stormwater; b. the structural adequacy of the On-Site Detention system (OSD); c. that the works have been constructed in accordance with the approved design and will provide the detention storage volume and attenuation in accordance with the submitted calculations; d. Pipe invert levels and surface levels to Australian Height Datum; and e. Contours indicating the direction in which water will flow over land should the capacity of the pit be exceeded in a storm event exceeding design limits. f. A positive covenant pursuant to Section 88E of the Conveyancing Act 1919 must be created on the title of the subject property, providing for the indemnification of Council from any claims or actions and for the on-going maintenance of the on-site-detention system and/or absorption trenches, including any pumps and sumps incorporated in the development. The wording of the Instrument must be in accordance with Council's standard format and the Instrument must be registered at the Land Titles Office. Note: The required wording of the Instrument can be downloaded from Council's web site www.woollahra.nsw.gov.au. The PCA must supply a copy of the WAE Plans to Council together with the Final Occupation Certificate. The Final Occupation Certificate must not be issued until this condition has been satisfied. Standard Condition: H20 H.3 Landscaping All landscape work including all planting must be completed by the principal contractor or owner in compliance with the approved landscape plan, arborist report, transplant method statement and tree management plan. The principal contractor or owner must provide to PCA a works-as-executed landscape plan and certification from a qualified landscape architect/designer, horticulturist and/or arborist as applicable to the effect that the works as completed comply with this consent. Note: This condition has been imposed to ensure that all Landscaping work is completed prior to the issue of the Final Occupation Certificate. Standard Condition: H9 H.4 Fulfillment of BASIX commitments – Clause 154B of the Regulation All BASIX commitments must be effected in accordance with the BASIX Certificate 213473M. Note: Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled." Standard Condition: H7 H.5 Removal of Ancillary Works and Structures The principal contractor or owner must remove from the land and any adjoining public place: a. The site sign; b. Ablutions; c. Hoarding; d. Scaffolding; and e. Waste materials, matter, article or thing. Note: This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the Final Occupation Certificate. Standard Condition: H12 I. Conditions which must be satisfied during the ongoing use of the development I.1 On-going maintenance of the on-site-detention system The Owner(s) must in accordance with this condition and any positive covenant: a. permit stormwater to be temporarily detained by the system; b. keep the system clean and free of silt rubbish and debris; c. if the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain; d. maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council; e. carry out the matters referred to in paragraphs (b) and (c) at the Owners expense; f. not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly; g. permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant; h. comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice; i. where the Owner fails to comply with the Owner's obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner's cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations; j. indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner's obligations under this condition. Reason: This condition has been imposed to ensure that owners are aware of require maintenance requirements for their stormwater systems. Note: This condition is supplementary to the owner(s) obligations and Council's rights under any positive covenant. Standard Condition: I12 I.2 Maintenance of Landscaping All landscaping must be maintained in general accordance with this consent. This condition does not prohibit the planting of additional trees or shrubs subject that they are native species endemic to the immediate locality. Reason: This condition has been imposed to ensure that the landscaping design intent is not eroded over time by the removal of landscaping or inappropriate exotic planting. Note: This condition also acknowledges that development consent is not required to plant vegetation and that over time additional vegetation may be planted to replace vegetation or enhance the amenity of the locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land. Further, drought proof vegetation being native species endemic to the immediate locality is encouraged. Suggested native species endemic to the immediate locality are listed in the Brochure Titled "Local Native Plants for Sydney's Eastern Suburbs" published by Woollahra, Waverley, Randwick and Botany Bay Councils. Standard Condition: I8 I.3 Maintenance of BASIX commitments All BASIX commitments must be maintained in accordance with the BASIX Certificate 213473M. Note: This condition affects successors in title with the intent that environmental sustainability measures must be maintained for the life of development under this consent. Standard Condition: I7 I.4 Clothes drying etcetera No clothes, linen or the like must be hung from any balcony, terrace or veranda such that they are visible from any public place. Reason: This condition has been imposed to ensure that the visual amenity of the neighbourhood is not detrimentally affected by a proliferation of such practices. Standard Condition: I9 I.5 Swimming and Spa Pools – Maintenance Swimming and Spa Pools must be maintained: a. in compliance with the Swimming Pools Act 1992 with regard to the provision of child-resistant barriers and resuscitation signs; b. in compliance with the NSW Health "Public Swimming Pool and Spa Pool Guidelines" in force at that time. Private pools are encouraged to comply with the same standards as applicable; c. in compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and filtration systems ; d. with backwash being discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996, and e. with a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open): o before 8 am or after 8 pm on any Sunday or public holiday, or o before 7 am or after 8 pm on any other day. Note: Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems require regular maintenance to ensure that life safety, health and amenity standards are maintained. Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from: http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf Standard Condition: I13 I.6 Outdoor lighting – Residential Outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting. The maximum luminous intensity from each luminare must not exceed the level 1 control relevant under table 2.2 of AS 4282. The maximum illuminance and the threshold limits must be in accordance with table 2.1 of AS 4282. Reason: This condition has been imposed to protect the amenity of neighbours and limit the obtrusive effects of outdoor lighting in public places. Note: This condition has been imposed to control the obtrusive effects of outdoor lighting. Standard Condition: I42 I.7 Noise from mechanical plant and equipment Noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest lot boundary of the site. Where noise sensitive receivers are located within the site, noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest strata, stratum or community title boundary. Reason: This condition has been imposed to protect the amenity of the neighbourhood. Note: Words in this condition have the same meaning as in the: NSW Industrial Noise Policy ( http://www.environment.nsw.gov.au/resources/ind_noise.pdf ) ISBN 0 7313 2715 2, dated January 2000, and Noise Guide for Local Government ( http://www.environment.nsw.gov.au/noise/nglg.htm ) ISBN 1741370671, dated December 2004. Standard Condition: I53 J. Miscellaneous Conditions None relevant. ________________________ J S Murrell Commissioner of the Court ljr DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.