M And P Hooshmand v. Sydney City Council [1998] NSWLEC 77
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Land and Environment Court
of New South Wales
CITATION : M And P Hooshmand v. Sydney City Council [1998] NSWLEC 77
APPLICANT
M And P Hooshmand
PARTIES :
RESPONDENT
Sydney City Council
FILE NUMBER(S) : 10260; 20057 of 1998
CORAM: Lloyd J
KEY ISSUES: :-
Local Government Act 1993
Environmental planning and Assessment Act 1979
LEGISLATION CITED: Clean Waters Act 1970
Waste Minimisation And Management Act 1995
The Protection Of The Environment Administration Act 1991
CASES CITED:
DATES OF HEARING: 20 -24/07/98
DATE OF JUDGMENT:
08/20/1998
APPLICANT
Mr J.J. Bingham
Deacon Graham and James
LEGAL REPRESENTATIVES: RESPONDENT
Mr D.P. Wilson
Abbott Trout
JUDGMENT:
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<H2>M and P Hooshmand v. Sydney City Council href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp0" name=disp1>1998 NSWLEC 190 (20 August 1998href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp2"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>)</H2><B>In the Land and</B> <P><B>Environment Court</B> <P><B>of New South Wales</B> <TABLE>
<TBODY>
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<TD align=left>
<P><B>N</B><B>o. 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp1"
name=disp2><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp3"><IMG
alt=">>" border=0
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& </B>
<P><B>20057 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp2"
name=disp3><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp4"><IMG
alt=">>" border=0
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</B>
<P><B></B>
<P><B></B>
<P><B>M and P Hooshmand</B>
<P>
<P>Applicant
<P>
<P>
<P>
<P>
<P><B>Sydney City Council</B>
<P>
<P>Respondent
<P>
<P>
<P>
<P>
<P>
<P>
<P><B>Order</B>
<P>
<P>
<P>
<P>
<P>
<P>
<P>
<P>
<P>
<P>
<P>
<P>
<P>
<P>
<P><BR></P></TD>
<TD align=left>
<P><B>The Court orders that:</B>
<P>
<P>Appeal No 20057 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp3"
name=disp4><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp5"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>
under s 176 of the <I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local
Government Act </I>1993</A>, be upheld.
<P>
<P>Application for approval to demolish the existing service station at No
24 Pyrmont Bridge Road, Pyrmont, be approved.
<P>
<P>Appeal No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp4"
name=disp5><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp6"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>
under s 97 of the <I>Environmental Planning and Assessment Act </I>1979,
be upheld.
<P>
<P>Development application No108/98 (Appeal No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp5"
name=disp6><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp7"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>),
lodged with the respondent council on 3 March <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp6"
name=disp7><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp8"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>
for the erection of a new residential/commercial building at No 104
Pyrmont Street, Pyrmont, being Lot A, DP 434497, be approved subject to
conditions No 1 to No 78 in Annexure A.
<P>
<P>The exhibits with the exception of Exhibits A, B, G, H, J, K, L, M, 1,
2, 3, 4, 5 and 11 may be returned.
<P>
<P>
<P>
<P><B>Ordered: 20 August <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp7"
name=disp8><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp9"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A></B>
<P>
<P>By the Court
<P>
<P>
<P>
<P>L Dafkovski,
<P><B>Acting Registrar</B>
<P><BR></P></TD></TR></TBODY></TABLE> <P>Land and Environment Court of New South Wales <P><B></B> <P><B></B> <P><B>Record of hearing</B> <TABLE>
<TBODY>
<TR align=left>
<TD align=left><B></B>
<P><B>Judge</B> <BR></P></TD>
<TD align=left>
<P>
<P>Lloyd J <BR></P></TD></TR>
<TR align=left>
<TD align=left><B>Number</B> <BR></TD>
<TD align=left>
<P>10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp8"
name=disp9><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998<!--/disp-->
& 20057 of <!--disp-->1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp10"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>
<BR></P></TD></TR>
<TR align=left>
<TD align=left><B>Parties</B>
<P><B></B>
<P><B></B><BR></P></TD>
<TD align=left>
<P>Applicants
<P>
<P>Respondent <BR></P></TD>
<TD align=left>
<P><B>M and P Hooshmand</B>
<P><B></B>
<P><B>Sydney City Council</B> <BR></P></TD></TR>
<TR align=left>
<TD align=left>
<P><B>Key Issues</B>
<P><B></B>
<P><B></B>
<P><B></B>
<P><B></B><BR></P></TD>
<TD align=left>
<P>Whether the residential amenity of the proposed development is adequate
having regard to: the size, layout and design of the apartments; the
building=s location;
<P>Whether the height, bulk, and scale of the proposed development is
excessive;
<P>The heritage significance of the existing building having regard to the
provisions of Draft SREP No 26 (Amendment No 8) as exhibited on 20 April
<A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp9"
name=disp10><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp11"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>;
<P>Whether the proposed development complies with the urban development
for <I>Ultimo/Pyrmont Precinct 1995 Update (>UDP=)</I>;
<P>Whether the demolition of the existing building on the site is
acceptable having regard to the inadequate assessment of the contamination
on the site. <BR></P></TD></TR>
<TR align=left>
<TD align=left>
<P><B>Statutes</B>
<P><B></B><BR></P></TD>
<TD align=left>
<P><I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/">Environmental
Planning and Assessment Act</I> 1979</A>; ss 97, 90
<P><I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local
Government Act </I>1993</A>; s 176
<P><I>Local Government (Approvals) Policy</I>; cl 12<I></I>
<P><I>Sydney Regional Environmental Plan No 26, (City West)</I>, (SREP 26)
<P><I>Sydney Regional Environmental Plan No 26CCity West, (Draft Amendment
No 8)</I> <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp10"
name=disp11><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp12"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>,
(Amendment No 8)
<P><I>Urban Development Plan for Ultimo-Pyrmont Precinct (1995
Update)</I>, (Update) <BR></P></TD></TR>
<TR align=left>
<TD align=left>
<P><B>Hearing dates</B> <BR></P></TD>
<TD align=left>20, 21, 22, 23 & 24 July <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp11"
name=disp12><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp13"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>.
<BR></TD></TR>
<TR align=left>
<TD align=left>
<P><B>Judgment</B> <BR></P></TD>
<TD align=left>Reserved <BR></TD></TR>
<TR align=left>
<TD align=left>
<P><B>Date of judgment</B> <BR></P></TD>
<TD align=left>20 August <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp12"
name=disp13><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp14"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>
<BR></TD></TR>
<TR align=left>
<TD align=left>
<P><B>Appearances</B> <BR></P></TD>
<TD align=left>
<P>Applicant
<P>Respondent <BR></P></TD>
<TD align=left>Mr J J Bingham, Solicitor.
<P>Mr D P Wilson <BR></P></TD></TR>
<TR align=left>
<TD align=left>
<P><B>Solicitors</B> <BR></P></TD>
<TD align=left>
<P>Applicant
<P>Respondent <BR></P></TD>
<TD align=left>Deacons Graham and James
<P>Abbott Tout <BR></P></TD></TR>
<TR align=left>
<TD align=left>
<P><B>Number of pages</B> <BR></P></TD>
<TD align=left>20 <BR></TD></TR>
<TR align=left>
<TD align=left>
<P><B>Summary Orders</B> <BR></P></TD>
<TD align=left>Appeals in Classes 1 and 2 upheld <BR></TD></TR></TBODY></TABLE> <P> <P> <CENTER><B>Contents</B> <P><B></CENTER> <TABLE></B>
<TBODY>
<TR align=middle>
<TD align=middle>
<P><B>S</B><B>ection</B>
<P><B></B>
<P><B>Page</B> <BR></P></TD>
<TD align=middle><BR></TD></TR></TBODY></TABLE> <P>Introduction 1 <P> <P>The Land 1 <P> <P>Zoning 2 <P> <P>Proposal 2 <P> <P>Notification 3 <P> <P>The Council=s Decision 4 <P> <P>Issues 5 <P> <P>Hearing 6 <P> <P>Evidence 7 <P> <P>AssessmentCAppeal No 20057 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp13" name=disp14><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp15"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> 13 <P> <P>AssessmentCAppeal No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp14" name=disp15><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp16"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> 16 <P> <P>Conclusion 19 <P> <P>Orders 19 <P> <P>______________ <P> <TABLE>
<TBODY>
<TR align=left>
<TD align=left>
<P>In the Land and
<P>Environment Court
<P>of New South Wales
<P>Matter Nos: 10260 & 20057 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp15"
name=disp16><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp17"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>
<P>Coram: Lloyd J
<P>Decision date: 20<B> </B>August <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp16"
name=disp17><IMG alt="<<" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp18"><IMG
alt=">>" border=0
src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>
<P><BR></P></TD>
<TD align=left><BR></TD></TR></TBODY></TABLE> <P><B></B> <P><B> <CENTER>M and P Hooshmand</B> <P><B>v</B> <P></CENTER> <CENTER><B>Sydney City Council</B> <P><B></B> <P><B></B> <P><B></CENTER> <CENTER>JUDGMENT</B> <P></CENTER><B>Introduction</B> <P>1. Appeal No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp17" name=disp18><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp19"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> is against the deemed refusal by the Sydney City Council of a development application for the erection of a new residential/commercial building at No 104 Pyrmont Street, (also known as No 24 Pyrmont Bridge Road), Pyrmont. <P>2. Appeal No 20057 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp18" name=disp19><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp20"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> is against the deemed refusal by the City of Sydney Council of a approval application (BA 960/97), for the demolition of the existing service station building at No 104 Pyrmont Street, (also known as No 24 Pyrmont Bridge Road), Pyrmont. <P>3. The Council has since resolved to refuse the applications. The reasons for refusal are reflected in the issues in respect of Appeal No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp19" name=disp20><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp21"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P><B>The Land</B> <P>4. The land, being Lot A DP 434497, is situated on the northern side of Pyrmont Bridge Road, on the corner of Pyrmont Bridge Road, Pyrmont and Edward Streets. It is of an irregular shape with a frontage to Pyrmont Bridge Road of 14.035m plus a corner splay, to Edward Street of 13.1m, and to Pyrmont Street of 18.72m, giving an area of 352.9m<SUP>2</SUP>. <P>5. Erected on the land is a service station. Surrounding development is of mixed uses. A row of two-storey terraced houses are diagonally opposite in Pyrmont Street. On the corner of Bunn and Pyrmont Streets is a multi-level residential apartment building, and nearby are commercial buildings to five storeys in height and paved public open space. At No 21 Pyrmont Bridge Road is the Westpac Archives Building, at No 137 Pyrmont Street the Waite and Bull
Building, and at No 32 Pyrmont Bridge Road the Otis Building. <P><B>Zoning</B> <P>6. The land is zoned Residential Business under <I>Sydney Regional Environmental Plan No 26, (City West)</I>, (SREP 26), and the development for the erection of the residential/commercial building would be permissible with consent. Demolition of the existing service station requires consent under the
<I><A href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local
Government Act </I>1993</A>. The land is also within the area of: <I>Sydney Regional Environmental Plan No 26CCity West, (Draft Amendment No 8)</I> <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp20" name=disp21><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp22"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>, (Amendment No 8), which has been exhibited and <I>Urban Development Plan for Ultimo-Pyrmont Precinct (1995 Update)</I>, (UDP). <P><B>Proposal</B> <P>7. Development application No 108/98 (Appeal No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp21" name=disp22><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp23"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>), was lodged with the respondent council on 3 March <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp22" name=disp23><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp24"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> for the erection of a new residential/commercial building at No 104 Pyrmont Street, Pyrmont. The proposal is to demolish the existing service station, remediate the site to render it habitable, and to erect a seven storey mixed use building with three levels of basement car parking for 21 cars. The ground floor would contain commercial suites, pedestrian and vehicular entries, and service facilities. Pedestrian entry would be located on the western side of the land and the vehicular access from Edward Street. The six levels above the ground floor would contain sixteen residential apartments, comprising 15 x two bedrooms and one x three bedroom with an open space and recreation area on the roof. <P>8. A table in the Council=s report indicates the compliance of the
development with SREP 26. <TABLE>
<TBODY>
<TR align=left>
<TD align=left>
<P><B><I>D</I></B><B><I>evelopment controls</I></B>
<P><B><I>Permissible SREP 26</I></B>
<P><B><I>Proposed</I></B>
<P><B><I></I></B>
<P>Zoning
<P>Residential Business
<P>Permissible with consent
<P>
<P>Floor Space Ratio, (FSR)
<P>Business FSR 2.5:1
<P>Business FSR 0.5:1,
<P>(Total FSR 6:1)
<P>
<P>Gross Floor Area, (GFA)
<P>Business 882.25m<SUP>2</SUP>
<P>Business 174.00m<SUP>2</SUP>
<P>Residential 1,940.00m<SUP>2</SUP> Total 2,114m<SUP>2</SUP>
<P>
<P>Total Floor Space (Affordable housing)
<P>
<P>
<P>Residential 2,359m<SUP>2</SUP>
<P>Height
<P>28m to top of ceiling (with appropriate transition relating to the
two-storey terraces on the opposite
<P>side of Pyrmont Street.)
<P>
<P>21.03m to top of ceiling. (RL 35.2m)
<P>25.5m to top of building.
<P>(RL 40.45mClift overrun)
<P>Contamination
<P>Site must be remediated
<P>if required
<P>A Stage 1 Preliminary Site Investigation Report has been submitted.
This concluded that the site may be contaminated, however further
investigation is required. <BR></P></TD>
<TD align=left><BR></TD>
<TD align=left><BR></TD></TR></TBODY></TABLE><B>Notification</B> <P>9. The proposal was notified to nearby residents and owners as required by
SREP 26 and two submissions were received. The grounds of objection were: <P>the petrol station has heritage significance and should be retained, <P>the proposed development is out of character with the area, especially the two-storey terraces across Pyrmont Street, <P>loss of car repair and petrol service in the locality.
<P>10. The Department of Urban Affairs and Planning commented: <P>AIf the existing petrol station is demolished, the Department does not have any objection to the new building being expressed in a contemporary form. However, the context of this new building in relation to the existing buildings is important since this intersection forms an important node. <P>In design terms, the site offers a unique opportunity for a building with a strong form, particularly with reference to the corner articulation of the proposal. The current proposal is considered to be weak in this regard and its design resolution could be improved.@ <P>
<P>11. The City West Development Corporation commented: <P>A(a) not an appropriate location for more apartments due to the limited outlook and aspect on this site being the busiest through road in Pyrmont, <P>(b) poor residential amenity due to both noise and air pollution, <P>(c) support the proposed listing of the site as an heritage item under SREP 26 (Amendment No 8).@ <P> <P>Other submissions were received from the National Trust of NSW and the Twentieth Century Heritage Society of NSW. <P><B>The Council=s Decision</B> <P>12. At the time of filing the appeals the council had not determined the matters. The Council has since resolved to refuse the development application
for the following reasons: <P>A1. The proposed development fails to comply with the transitional height control in cl 26 of <I>Sydney Regional Environmental Plan No 26, (City West)</I> [ASREP 26@].<I></I> <P><I></I>2. The proposed development fails to comply with the Urban Design Planning Principles for the Ultimo-Pyrmont Precinct in cl 15 of <I>Sydney Regional Environmental Plan No 26, (City West).</I> <P>3. The proposed development fails to provide an appropriate range of dwelling types and sizes in accordance with the Planning Principal for the Ultimo-Pyrmont Precinct in cl 15 of <I>Sydney Regional Environmental Plan No 26, (City West).</I> <P>4. The proposed development fails to comply with the maximum building height and the transitional height controls in cll 23 and 26 respectively, of <I>Sydney Regional Environmental Plan No 26CCity West, (Draft Amendment No 8).</I> <P>5. The proposed development fails to comply with the floor space ratio control in cl 27A of <I>Sydney Regional Environmental Plan No 26CCity West,
(Draft Amendment No 8).</I> <P>6. The proposed development fails to comply with the Urban Design Planning Principles for the Ultimo-Pyrmont Precinct in cl 15 of <I>Sydney Regional Environmental Plan No 26CCity West, (Draft Amendment No 8).</I> <P>7. The proposed development fails to provide an appropriate range of dwelling types and sizes in accordance with the Planning Principle for the Ultimo-Pyrmont Precinct in cl 15 of <I>Sydney Regional Environmental Plan No 26CCity West, (Draft Amendment No 8).</I> <P>8. The proposed development fails to comply with the Built Form, design, Environmental, and Access and Transport controls of ss 3, 4, 5 and 6 of the <I>Urban Development Plan for Ultimo-Pyrmont Precinct (1995 Update)</I> [Athe UDP@]. <P>9. The proposed development is an overdevelopment of the site having regard to its excessive bulk, scale, height and relationship to surrounding development.@ <P>
<P>In a second part of the resolution the Council stated: <P>Aa block study be undertaken for the site to address the competing elements of height, FSR and heritage.@ <P><B>Issues</B> <P>13. The issues in respect to appeal No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp23" name=disp24><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp25"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>, were filed on 20 May <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp24" name=disp25><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
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and were as follows: <P>A1. whether the residential amenity of the proposed development is adequate
having regard to: <P>(a) the size, layout and design of the apartments; <P>(b) the building=s location; <P>2. whether the height, bulk, and scale of the proposed development is excessive; <P>3. the heritage significance of the existing building having regard to the provisions of Draft SREP No 26 (Amendment No 8) as exhibited on 20 April <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp25" name=disp26><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp27"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>; <P>4. whether the proposed development complies with the urban development for Ultimo/Pyrmont Precinct 1995 Update (>UDP=); <P>5. whether the demolition of the existing building on the site is acceptable having regard to the inadequate assessment of the contamination on the site.@ <P> <P>14. The issues in respect of Appeal No 20057 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp26" name=disp27><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998<!--/disp--> were filed on 20 May <!--disp-->1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp28"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>
and included: <P>A1. the heritage significance of the existing building on the site having regard to the provisions of SREP No 26 (Amendment No 8) as exhibited on 20 April <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp27" name=disp28><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp29"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>; <P> <P>2. whether the demolition of the existing building on the site is acceptable having regard to the inadequate assessment of the contamination on the site.@ <P><B>Hearing</B> <P>15. Appeals No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp28" name=disp29><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998<!--/disp--> and No 10057 of <!--disp-->1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp30"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> were filed with the Court on 20 April <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp29" name=disp30><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp31"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>. At the hearing the Court heard evidence on behalf of the respondent council
from: <P>Miss S Milliken, occupier and owner of No 119 Pyrmont Street, <P>Miss K J Brooks, Senior Conservation Officer (Built Environment) National Trust of Australia <P>Mr S P Czeref, Town Planner, of the Sydney City Council and <P>C. Mr D M Logan, Heritage Consultant <P>
<P>On behalf of the applicant evidence was given by: <P>Miss J Somerville, Architectural Conservation Consultant, <P>C. Mr A Smith, Consultant Town Planner, <P>C. Mr D P Wolski, Consultant Architect, <P>Mr B C Furr, Environmental Scientist and <P>C. Professor G E Roberts, Architect and Planner <P>A site inspection was undertaken in company with the parties on the morning of the third day of the proceedings. <P><B>Evidence</B> <P>16<I>.</I> Miss S Milliken told the Court; that as she operated an account at the service station on the land it would be a loss for her and her company if that use were to change. She considered the existing service station to be a >charming building= and to be Aÿin keeping with the general atmosphere of the area.@ She continued, that the smallness of the service station adds to its >charm= and to the heritage protected block of terraces on the western side of Pyrmont Street. The thought of overshadowing of the small Asquare@ across the road was >totally alarming= and Aÿit is likely to be a windy spot as well,@
she said. She also expressed concern that the traffic in the area would be increased if the development were to be approved<B>.</B>
<P>17<B><I>.</I></B> Miss K J Brooks said: Aÿ[t]he Trust believes that the property is of heritage significance to Pyrmont/Ultimo and should be retained@. She said that Aÿ the Trust has not classified the property on its register@ and Athe Trust reiterates its support for the EJE Assessment which rates the property as meeting the standard of all evaluation criteria. The assessment of the property as being of Rare Regional and State Representative aesthetic significance means that there should be no question of the property=s significance.@ <P>18. Mr S P Czeref drew the following conclusions from his assessment of the
application: <P>A48. The proposed development does not respond appropriately to the scale and context of the Pyrmont Heritage Conservation Area. An appropriate intermediary scale for this site should incorporate a streetwall height of no more than 15m or 5 storeys. A corner element, similar in scale to the three storey Otis Building (or equivalent to one storey) to provide emphasis and a relationship with other corner buildings at this intersection would be reasonable as both a transitionary element and as a corner feature responding to the scale of other buildings on the intersection. This space may be able to incorporate a habitable component of the corner apartment below. It could also help to screen the currently protruding plant and lift machinery on the roof. Remaining rooftop space could incorporate northerly aspect for communal open space, relatively sheltered from the south westerlies. <P>49. The floor space ratio yield from such an arrangement would be
approximately 4.5:1. This is still some 50% more than envisaged in the Draft Amendment No 8 [to SREP No 26], but reasonable under the special circumstances of the triple street frontage.
<P>50. The excessively high yield of floor space ratio (5.6:1) in the proposal is indicative of the overdevelopment of the site. It is essential, due to their integral nature, to consider the Draft Amendment No 8 to SREP No 26 alongside the requirements of the Draft <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp30" name=disp31><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp32"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> Update of the UDP. In this regard, the necessity for a floor to ceiling height of 2.7m to be incorporated into the residential levels of the development, as provided by cl5.2 (Exhibit 2 Appendix 13), would increase the height of the proposal by 1.1m to 22.13mCwell beyond the 21m suggested as being possible under SREP No 26 Draft Amendment No 8. Such requirements are fundamental to the special attention being given to residential amenity by these exhibited amendments. <P>51. A five storey building, with a sixth storey corner element would be entirely compatible with these draft height controls, the contextual relationship of the intersection and the necessary transition for the development to respond to the Pyrmont Heritage Area and taking into account the height, scale and heritage issues raised by the City of Sydney and the Central
Sydney Planning Committee in its submission to the Department of Urban Affairs and Planning on this block. <P>52. The amenity of the apartments needs to take into account the proposed development=s location on a busy intersection. The internal amenity of these apartments will need to be high in order to compensate the residents for the restricted times that windows may be opened and when balconies may be used without experiencing undue traffic noise. The spatial requirement for 2.7m floor to ceiling heights is therefore made more necessary together with the need for high quality, protected outdoor open space. <P>53. The proposal is an overdevelopment of the site; it does not respond sufficiently to the scale of development required to respond to the Pyrmont Heritage Conservation Area and it does not achieve the objects of the existing and proposed planning controls for the site. The resulting amenity of the apartments is not optimised by the proposed design and layout. The proposal should be refused.@
<P> <P>19. Mr Czeref recommended that the development be refused for the following <P>
<P>reasons: <P> <P>A1. The height, bulk and scale of the proposal is excessive when viewed from each elevation and represents an overdevelopment of the site. <P>2. The proposal is not consistent with the transitional height control in cl 26 of SREP No 26, relative to the Pyrmont Heritage Conservation Area. <P>3. The proposal does not comply with the provisions of SREP No 26 in that the height of the building is excessive having regard to cll 24, and 26A of SREP No 26 and does not achieve the purpose of the transitional height zone. <P>4. The proposal does not comply with the Urban Development Plan for the Ultimo/Pyrmont Precinct, 1995 Update. <P>5. The proposal will cause unnecessary overshadowing of the plaza area in front of the Westpac Archives Building. <P>6. The proposal does not comply with the combined controls of the Draft Amendment No 8 to SREP No 26 and the Draft <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp31" name=disp32><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp33"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> Update for the Ultimo/Pyrmont Urban Development Plan in relation to the need to comply with the minimum floor to ceiling height of 2,7m and the overall resulting height of the building will exceed 21m and the maximum floor space ratio.@ <P>20. Mr D M Logan after an independent heritage assessment of the petrol
station at 24 Pyrmont Bridge Road, (also known as Pyrmont Street), confirmed: <P>Aÿ that the existing building is of historical, aesthetic, social and scientific/technical significance. As a rare, surviving example of a c1930 petrol station still in its original use, its significance is sufficient to warrant its inclusion as a heritage item in Schedule 4 of SREP No 26. <P>The petrol station makes a positive contribution to the urban and social fabric of an important >pocket square= located at a key intersection in Pyrmont. When compared with the existing building, the proposed development does not demonstrate higher architectural and urban design qualities, as required by SRPEP No 26 (Draft Amendment No 8). Its scale is unsympathetic to the hierarchy of buildings established around the square to the north and south of the Pyrmont Bridge Road. <P>The scale and form of the proposed development would have an adverse impact on the visual setting of the Pyrmont Conservation Area and the streetscape, particularly when viewed from the square and from points north along Pyrmont
Street within the Conservation Area. these impacts would detract, rather than enhance, from views to the waterfront from the square along the view corridor. <P>Even if demolition of the petrol station were to be contemplated, the proposed new building should not be granted development consent. The proposed development does not comply with relevant objectives and provisions of the planning instruments for Ultimo/Pyrmont, particularly in relation to the protection of heritage items and conservation areas, and urban design considerations. I conclude that the height, form and character of the proposal would adversely affect the quality of the historic precinct at the corner of Pyrmont Street and Pyrmont Bridge Road as well as the setting of the Pyrmont Conservation Area. <P>I consider that these adverse impacts could be mitigated by a reduction in the height of the proposed development and the redesign of the form of the building to respond to the predominant massing and character of buildings on the northern side of Pyrmont Bridge Road. Having regard to the above, I consider
that approval of the subject development application would be inappropriate.@
<P>21. Miss J Somerville said: <P>Aÿ having reviewed the available information on the heritage significance of the site in the context of standard heritage assessment criteria, (ie of the State Heritage Inventory) I do not believe that the site has sufficient heritage significance either to warrant inclusion in the SREP listing of heritage items or prevent demolition and redevelopment of the site. <P> <P>The proposed demolition of the service station and redevelopment of the site will not, I believe, adversely impact on the adjacent listed heritage itemsCwhich are of similar scale and alignmentCor the Conservation Area which, separated from the site by Pyrmont Street and comprising a mix of small residential/terrace dwellings mixed in with larger scaled buildings such as the Waite and Bull building, is typical of the general urban fabric of the Pyrmont/Ultimo peninsular both past and present.@ <P>22. In reviewing the Heritage Inventory Listing for the site by EJE Architecture for the Department of Urban Affairs and planning Miss Somerville
believed that there were a number of errors and inadequacies which would limit its role in justifying the item=s heritage significance. She disagreed that the building should be noted as >intact= with >modifications= to the filling bay and >some windows=. She considered in respect of the physical
characteristics (c) current condition: <P>A[t]he building, however, fails to meet any reasonable criteria for intactness and the integrity of the original fabric and architectural character is low. As noted in the NBRS&P >Objection to ÿlisting= while the structure retains elements of its original overall formCincluding the decorative parapet and >Cordoba= tiled faux roofCremoval and/or significant alteration to doors, windows, the roof of the eastern >lean-to=, the front awning and associated bowsers as well as the late Victorian building to which it is attached on the north have significantly reduced the site=s ability to provide authentic fabric and meaningful evidence of its past and aesthetic values.@ <P> <P>23. In respect of the Evaluation Criteria and Statement of Significance Miss
Somerville said: <P>A[t]he site certainly has some local heritage significance arising from its age and continuity of use, its survival as the only Interwar petrol station in PyrmontCie it is rare in the local areaCits remnant stylistic features associated with service station design of this period and its location on a prominent thoroughfare linking to the city (to the east) with the suburbs and industrial areas to the west. As an historic theme, however, I would suggest that >petrol retailing= is of lesser significance to understanding the historical development of the area than many of its other themes and features, (ie residential, commercial & industrial, shops and pubs, roadways, etc). The impact of the low degree of integrity/intactness of the site must also be taken into account (as required by the State Heritage Inventory assessment criteria) as this places limits on the degree to which meaningful evidence of past character and patterns of usage can still be obtained from the site
itself.@ <P>
<P>24. Addressing the aesthetic significance Miss Somerville believed it to be: <P> <P>Aextremely limited and does not extend to regional or state levels, as suggested in the listing. While the building is recognisable as an example of Interwar Spanish Mission style as applied to service stations of the period it is a poor example of its type (particularly given its unsympathetic modifications) and has no >strong visual= or sensory appeal or cohesion, landmark qualities, creative or >technical excellence=. <P> <P>25. Miss Somerville believed that the heading of social significance in the
listing: <P>Amakes no mention of the nature of the local regard or >community esteem= in which it is held, the particular group who hold the building in such regard and how this regard has been determined.@ <P>
<P>26. In respect of the scientific significance Miss Somerville said: <P> <P>AI believe [that it is] more related to its historic significance and the item generally fails to adequately meets the State Heritage Inventory guidelines for >technical and research potential= to qualify for any notable scientific significance.@ <P>
<P>27. Miss Somerville said that in terms of the Statement of Significance: <P> <P>AThe site has moderate local heritage significance for its associations with petrol retailing since the mid 1930=s and its rarity as the sole survivor in Pyrmont/Ultimo of this activity. The building is also the only local example of Interwar Spanish Mission service station and while it retains some of the identifying features of this style it neither was nor is an outstanding example of its style. The low degree of intactness/integrity of the site also compromises its aesthetic values.@ <P>
<P>28. Mr A Smith=s conclusions were as follows: <P> <P>A[t]he proposed development is one which demonstrates an architecturally sympathetic and well-mannered response to the site and the built form context prevailing in the locality. <P>It is evident that rather than there being any concern regarding amenity impacts upon the adjoining land, issues are raised regarding the amenity of the proposed buildings. <P>The size and nature of the proposal is of a small scale with sixteen (16) units provided, which in themselves are generous in area, feature frontages to wide streets and provide good access to light , ventilation and outlook. <P>The requirements for private and communal open space are met. <P>The claimed concern regarding the proposal relates to height, bulk and scale. <P>While the respondent sees an appropriate response being the loss of one floor at the street wall and some refinement of overall height, the proposal as presented, responds positively to its environment, making a statement at a
prominent street corner, being compatible with the height of other adjacent corner buildings and through the >mechanisms= of stepping facade treatment, and landscaped edges, is seen to encourage a >transition= compatible with the streetscape of the terrace houses to the north. <P>The subject site and adjacent warehouse site to the north feature a 21m height limit under the draft SREP, while the land to the north fronting Pyrmont Street, is to be controlled by a 15m height limit in response to the terrace houses. <P>Taking into account this proposed height regime, and all the other circumstances of the site and locality, it is considered appropriate for the proposed building to orientate its primary contextual response to the 5-ways intersection. <P>The application achieves this strategy while adding a >richness= and >variety= to the mixed use residential building stock and architectural texture of Ultimo/Pyrmont. <P>In summary, the proposal satisfies the relevant planning principles, controls
and guidelines, and draft controls, and offers a good quality of amenity to future occupants in a high quality mixed use residential/commercial building.@
<P><B><I></I></B>29. Mr D P Wolski said:<B><I> </I></B> <P>AI consider that the proposed development ÿ is a suitable development for the site, offering an appropriate urban design solution to a very significant corner in Pyrmont.@ <P>The design provides for sixteen high quality residential apartments and a ground floor commercial area all complying with the intent of the relevant planning controls.@
<P>30. Mr B C Furr said: <P>Aÿ [i]n common with other development in the city environment, given the limited space on the site it is likely that any contamination discovered would be removed from the site and either disposed directly to an appropriately licensed landfill or, depending upon the character of any contamination, treated off site prior to disposal. Provided the process is adequately managed and all necessary measures protective of human health and of the environment are put in place, it is considered unlikely that there would be any significant impediment from the <I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/">Environmental Planning and Assessment Act </I>1979</A> or other regulatory authorities to such a course of action. <P>It is my opinion that validation of the site as suitable for redevelopment for medium or high density residential use would be possible following any such remediation. Further, given the above comments additional investigation would be most appropriately carried out during the demolition and preparation of the site for re-development.@
<P>31. Professor G E Roberts said: <P>AÿI consider the proposed development to be entirely appropriate for the location. It is a fine architectural design which will provide a high standard of residential accommodation. In urban design terms it relates well to its neighbours, improves the appearance of the streetscape and contributes to the containment of the significant public open space created by the intersection of the five roadways which converge upon it. The proposed building will, in my opinion, make a positive contribution to the urban design and to the architectural quality of the Ultimo/Pyrmont precinct.@ <P><B>AssessmentCAppeal No 20057 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp32" name=disp33><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp34"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A></B> <P> <P><I>32. The heritage significance of the existing building on the site having regard to the provisions of SREP No 26 (Amendment No 8) as exhibited on 20 April <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp33" name=disp34><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp35"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A></I> <P> <P>Although the existing service station on the land probably has some local heritage significance, I have come to the conclusion that its significance is not such as to justify a refusal of the application to demolish it. I have come
to this conclusion for the following reason: <P>According to Miss Brooks, the building is a poor example of its type and has lost many of its characteristics; <P>A view taken of the building in the presence of the parties confirms the fact that most of the features which are said to comprise its heritage significance have been lost. It is now bearly recognisable as a Spanish Mission style building. <P>There have been, according to Miss Brooks, many unsympathetic modifications to the building and that any reconstruction would be largely conjectural. <P>According to Mr Logan, it would not be possible to restore the building in accordance with the Burra Charter, although it could be reconstructed. <P>C. The Urban Conservation Committee of the National Trust has not yet decided its attitude to the demolition of the building. <P>The building is not listed in SREP 26 as a heritage item. <P>Although the building is proposed to be listed in the draft amendment to SREP 26 as a heritage item, there is so little of its original fabric remaining that,
when considered in conjunction with all of these considerations, its retention is not justified. Moreover, in view of all of these considerations, listing must be regarded as doubtful. <P>The Council commissioned an independent heritage assessment of the building. The Council=s independent heritage consultant, Mr R Howard (who was not called by the Council), has concluded that the building is not significant enough to be listed as a heritage item. <P>Mr Howard=s conclusion is supported by the Council=s own heritage officer (and who was also not called by the Council) who has stated that the building is very compromised and its significance does not merit listing as a heritage item in the SREP. <P>Mr Logan conceded that his assessment of the building is not as fulsome as that of Mr Howard=s. <P>C. The building is clearly obsolete, providing a poor level of facility and convenience as a service station. <P>According to Mr Logan, the building is not readily adaptable for re-use. Neither is there any evidence of the suitability of the building for any
adaptive re-use. <P>33. In short, I find the evidence of Miss Somerville to be compelling, and in
particular the following evidence: <P>AThe site has moderate local heritage significance for its associations with petrol retailing since the mid 1930=s and its rarity as the sole survivor in Pyrmont/Ultimo of this activity. The building is also the only local example of Interwar Spanish Mission service station and while it retains some of the identifying features of this style it neither was nor is an outstanding example of its style. The low degree of intactness/integrity of the site also compromises its aesthetic values. <P> <P>ÿ having reviewed the available information on the heritage significance of the site in the context of standard heritage assessment criteria, (ie of the <I>State Heritage Inventory</I>) I do not believe that the site has sufficient heritage significance either to warrant inclusion in the SREP listing of heritage items or prevent demolition and redevelopment of the site.@ <P> <P>34.<I> Whether the demolition of the existing building on the site is acceptable having regard to the inadequate assessment of the contamination on
the site</I> <P> <P>This issue was resolved during the hearing and Condition No 2 is to be imposed which requires the preparation of a detailed contamination audit prior to the commencement of the building work. As the land would be excavated to a depth to provide for three levels of car parking, to the boundary of the land, any contamination would be able to be isolated and controlled. <P><B>AssessmentCAppeal No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp34" name=disp35><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp36"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A></B> <P> <P><I>35. Whether the residential amenity of the proposed development is
adequate having regard to: (a) the size, layout and design of the apartments; (b) the building=s location</I> <P> <P>This issue relates to the internal amenity of the proposed units themselves, particularly having regard to the location of the site at the corner of a busy intersection which carries a high volume of traffic. I am satisfied by the evidence that with the inclusion of 10mm glazing of the doors and windows, and the provision of a glazed balustrade to the balconies, the noise likely to be experienced within the proposal would be within acceptable limits both day and night. A condition is proposed requiring the provision of fan lights to the balcony doors to permit ventilation over the top of closed doors which would also act as a screen to the noise of the local environment. The Council requires a floor to ceiling height of 2.7 m. The proposed ceiling height of the units is 2.55 m, which is greater than the usual or standard ceiling height of 2.4 m. The Council has not demonstrated that a floor to ceiling height of 2.55 m would not
provide an acceptable level of residential amenity. The size, layout and design of the apartments is acceptable. <P><I>36. Whether the height, bulk, and scale of the proposed development is excessive</I> <P> <P>The height, bulk and scale of the proposed development is acceptable in its context, namely, the >pocket square= on the opposite side of Pyrmont Bridge Road and the Conservation Area on the opposite side of Pyrmont Street. I have
come to this conclusion for the following reasons: <P>The height of the proposed building is 21.03 m above natural ground level (measure from the lowest point at ground level to the underside of the topmost ceiling) which is well within the maximum permissible height of 28 m under SREP 26, cl 23. <P>The street wall height of the building is 18.5 m which is well within the maximum street wall height of 21.6 m under the UDP. <P>C. The maximum permissible height is 28 m under SREP 26, cl 23 and the maximum street wall height under the UDP is 21.6 m, with which control the proposed building readily complies. <P>The proposed building also complies with the requirement of SREP 26, cl 26, which requires the height of buildings to be reduced so as to provide a transition to the adjacent Conservation Area. The building achieves this, not only because it is lower than the maximum permissible height, but because the topmost floor is set back from the building facade to provide such a transition.
<P>The height of the building generally conforms with the height limit of 21 m in Draft Amendment No 8 to SREP 26. <P>The Department of Urban Affairs and Planning has advised the Council that it accepts the height limit of 21 m in Draft Amendment No 8 to SREP 26 as being appropriate in this locality. <P>The Department of Urban Affairs and Planning has also advised the Council that the subject site offers a unique opportunity for a building with a strong form, particularly with reference to the corner articulation of the proposal. Although the Department considers the proposed building to be weak in this respect, it is clear that the proposed building is one which presents as having as strong form and has been designed with an emphasised corner articulation, as noted by both Mr Wolski and Professor Roberts. <P>Again, having viewed the site and its surroundings in the presence of the parties, I am persuaded to accept the evidence of Professor Roberts in this
respect and in particular: <P>AÿI consider the proposed development to be entirely appropriate for the location. It is a fine architectural design which will provide a high standard of residential accommodation. In urban design terms it relates well to its neighbours, improves the appearance of the streetscape and contributes to the containment of the significant public open space created by the intersection of the five roadways which converge upon it. The proposed building will, in my opinion, make a positive contribution to the urban design and to the architectural quality of the Ultimo/Pyrmont precinct.@ <P>37.<I> The heritage significance of the existing building having regard to the provisions of Draft SREP No 26 (Amendment No 8) as exhibited on 20 April <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp35" name=disp36><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp37"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A></I> <P> <P>I have concluded in pars 32 and 33 above that the heritage significance of the existing building is not such as would preclude its demolition and replacement with another building of the scale and bulk proposed. <P><I>38. Whether the proposed development complies with the urban development for Ultimo/Pyrmont Precinct 1995 Update (>UDP=)</I> <P> <P>The 1995 update has been superseded by the <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp36" name=disp37><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp38"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> update to the Ultimo/Pyrmont UDP. It contains two relevant controls which are in issue. The first is the minimum floor to ceiling height of 2.7 m, to which I have referred in par 35 above. The second relates to the mix of dwelling types, to which I refer in par 39 below. <P>39. The proposed development would comply with the residential mix required by the urban development for Ultimo/Pyrmont Precinct <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp37" name=disp38><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp39"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> Update (>UDP=) as there is only a need to provide a mix of residential units for development comprising twenty or more dwelling units. The proposal before the Court is for sixteen dwellings. It is not reasonable to suggest as does Mr Czeref that by theoretical analysis the threshold might be reached by this development given its floor space. The words of the instrument are plain and this development is not caught by the UDP in this respect. I am of the opinion that the intention of the 1995 UDP would be met in large part by the proposal. It would be deficient to a minor extent if the 1995 UDP were to apply, and not such as to warrant the refusal of the application on this ground alone. <P>40. The 1995 update also contains a requirement that for sites adjoining
Conservation Areas a variation of street wall height can be justified to achieve compatible forms. For the reasons set out in par 36 above the proposed street wall height is entirely satisfactory in its relation to the conservation area on the opposite side of Pyrmont Street. <P>41. My Wilson also sought to rely upon the requirement for a full range of dwelling mix under cl 15 of SREP 26. This was not, however, identified as an issue in the proceedings. As I have said, however, the proposal complies with the dwelling mix requirement under both the 1995 Update and the <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp38" name=disp39><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp40"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> Update to the Ultimo/Pyrmont UDP. <P>42<I>. Whether the demolition of the existing building on the site is acceptable having regard to the inadequate assessment of the contamination on the site</I> <P> <P>This issue was resolved during the hearing to the satisfaction of both parties. <P> <P><B>Conclusion</B> <P>43. Having considered the evidence submissions and with the benefit of a site inspection, the applications have been found satisfactory under s 90 of the<I> <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/">Environmental Planning and Assessment Act </I>1979</A>, s 89 of the <I>Local <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Government Act</I> 1993</A> and the <I>Local Government (Approvals) Regulation</I> 1993, cl 13 and are worthy of conditional approval. Finally, I acknowledge the assistance of Assessor S Watts who heard the case with me. <P><B>Orders</B> <P> <P>Appeal No 20057 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp39" name=disp40><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp41"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> under s 176 of the <I>Local Government Act <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/"></I>1993</A>, be upheld. <P>Application for approval to demolish the existing service station at No 140 Pyrmont Bridge Road, Pyrmont, be approved. <P>1.Appeal No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp40" name=disp41><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp42"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> under s 97 of the <I>Environmental Planning and Assessment Act </I>1979, be upheld. <P>Development application No108/98 (Appeal No 10260 of <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp41" name=disp42><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp43"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>), lodged with the respondent council on 3 March <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp42" name=disp43><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp44"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> for the erection of a new residential/commercial building at No 104 Pyrmont Street, Pyrmont, being Lot A, DP 434497, be approved subject to conditions No 1 to No 78 in Annexure A. <P>The exhibits with the exception of Exhibits A, B, G, H, J, K, L, M, 1, 2, 3, 4, 5 and 11 may be returned. <P> <P> <CENTER>_________________ <P> <P> <P> <P></CENTER>I certify that this and the preceding 19 pages are a true copy of the reasons for judgment herein of the Honourable Mr Justice Lloyd. <P> <P> <P>Associate <P>Dated <P> <CENTER><B>Conditions of development consent</B> <P><B></CENTER></B> <P><B> <CENTER>Annexure A</B> <P><B></CENTER></B> <P><B> <CENTER>M and P Hooshmand</B> <P><B>v </B> <P><B>Sydney City Council</B> <P></CENTER>Development Application <P> <P>1.Development must be in accordance with Development Application No. 98-00108
dated 3 March <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp43" name=disp44><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp45"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> and Statement of Environmental Effects Volume 1 and 2 dated February <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp44" name=disp45><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
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prepared by Byrnes and Associates and drawings numbered: <P>9725 01 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp45" name=disp46><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp47"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 02 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp46" name=disp47><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp48"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 03A 17 March <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp47" name=disp48><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp49"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 04 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp48" name=disp49><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp50"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 05 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp49" name=disp50><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp51"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 06 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp50" name=disp51><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp52"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 07A 17 March <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp51" name=disp52><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp53"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 08A 17 March <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp52" name=disp53><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp54"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 09 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp53" name=disp54><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp55"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 10 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp54" name=disp55><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp56"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>
<P>9725 11 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp55" name=disp56><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp57"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 12 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp56" name=disp57><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp58"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 13 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp57" name=disp58><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp59"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>9725 14 January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp58" name=disp59><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp60"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> <P>prepared by Wolski, Lycenko and Brecknock Architects and as amended by the
following conditions: <P><B>Contamination audit</B> <P>2.A detailed site contamination audit, prepared by a qualified consultant shall be submitted prior to the commencement of building work to the satisfaction of the Council.
<P>The audit shall contain the following information: <P>1.Review of the development history of the site including all uses which may be likely to pose potentially adverse contamination impacts, investigation of previous site processes, storage and waste disposal methods; <P>2.Identification of the degree, extent and nature of the current site contamination (if any). This should cover the whole of the site and should not be restricted only to areas of suspected contamination; <P>3.Indicate appropriate remedial treatment measures required to overcome site contamination problems (if any). <P><B>Photographic archival documentation</B> <P>3.Prior to the removal of any building fabric or furnishings from the site, and prior to the approval of the application for demolition under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">Section 68</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act 1993</A>, the applicant is required to submit the following to
Council, for deposit in the City of Sydney Archives:- <P>1.Photographic documentation of the site and its context, and the exteriors and interiors of the existing building(s), photographed where appropriate, using
a camera/lens capable of >perspective correction=, comprising: <P>1.35mm colour slides, numbered and referenced to the site and building plans, and presented in archival quality storage sheets; <P>2.35mm or 120mm black and white film, numbered and referenced to the site and building plans, with negatives developed to archival standards, and 2 copies of contact sheets printed on fibre-based paper to archival standards; <P>3.selective black and white enlargements <B>to be advised by Council</B>, printed on fibre-based paper to archival standards to a minimum size of 20cm x 25cm, illustrating the location and context of the site/building, the relationship of adjacent buildings, building elevations, and important interior and exterior architectural spaces and features of the building/site; <P>4.A summary report of the photographic documentation, detailing; <P>1.the project description, method of documentation, and any limitations of the photographic record; and <P>2.photographic catalogue sheets, which are referenced to a site plan and
floor plans no larger than A3, and indicating the location and direction of all photos (black & white prints and slides) taken. <P>5.Written confirmation that the Council reserves the right to use the photographs for its own purposes and for genuine research purposes. <P>Documentation shall be submitted to the satisfaction of Council for lodging with the City of Sydney Archives, <B>prior to the commencement of the removal of any building fabric or any demolition at the site.</B> <P>4.The approved development application drawings in an aperture card format on microfilm must be submitted for Council=s archives prior to the release of the building application. <P><B>Demolition/site rectification</B> <P><B></B><I>(The principle of this condition is consistent with Part 6, <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s59.html">Section 59</A> of the City of Sydney Act)</I>
<P>5.The following conditions apply to the development:- <P>1.Deleted. <P>2.Prior to release of the Building Approval, the owner of the site must enter into a Deed with Council, the cost of preparation and execution of such Deed (including stamp duty and registration fees) to be borne by the applicant, which contains such conditions as the General Manager of the Council reasonably requires to ensure the matters set out in this condition are adequately provided for. <P>3.Without limiting the generality of paragraph (b), the Deed must provide
for:- <P>1.a bank guarantee to be provided in the sum of one hundred thousand dollars
as security for the costs of such works provided that:- <P>1.the maximum liability under the Deed shall not exceed $100,000 dollars; and <P>2.the Council may accept a lesser amount as security if substantiated by detailed design and costing for works which meet the objectives of the condition. <P>2.Council to be given sufficient contractual rights to be able to ensure that
in any of the following events namely: <P>1.demolition of the existing building has commenced but not been completed; <P>2.the existing building has been demolished; or <P>3.the site has been excavated; or <P>4.the structure has commenced to be erected; <P>that it, or any person authorised by it, may enter the site and carry out such works at the cost of the applicant (or such other person as the consent authority may approve) as may be then appropriate in the circumstances in each
of the above mentioned events, to: <P>5.make the building safe and attractive at ground level; <P>6.allow the ground level to be landscaped and made attractive from any public vantage point; or <P>7.for the hole to be covered to allow it to be landscaped and made attractive from any public vantage point; or <P>8.in the event that the new building is constructed beyond the ground floor, to allow any hoardings to be removed and the ground floor development to be completed to a tenantable stage; <P>AND to call on such bank guarantee to cover the cost thereof. <P>4.If the site is commenced to be developed and there is suspension in activity for 6 months (or suspensions of activity which in the aggregate exceed 6 months), resulting in an unattractive building site appearance, then the
Council will have the readily enforceable rights to: <P>1.require certain works including but not limited to those works necessary to achieve the results referred to in sub-clause (c) (ii)e. - h. to take place on the site; and <P>2.in the event of default, shall have the right to enter and carry out these works and to call upon security in the nature of a bank guarantee to cover the cost of the works. <P><B>Design modifications</B> <P>6.Deleted. <P>7.The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the external appearance of the building without the approval of Council. <P><B>Floor space ratio</B>
<P>8.The following applies to Floor Space Ratio:- <P>1.The <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s94.html">s 94</A> contributions and the Affordable Housing contributions have been calculated on the basis that the Floor Space Ratio for the business use of the
development is 0.5:1. For the purposes of the calculation of the Floor Space Ratio, the Gross Floor Area of the business component is 174m<SUP>2</SUP> and the total Gross Floor Area is 2114m<SUP>2</SUP>. The <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s94.html">s 94</A> contributions and the Affordable Housing contributions may be re-calculated in the event that there is any variation in the Floor Space Ratio. <P>2.Prior to issue of Certificate of Classification of the development, a Registered Surveyor shall provide certification of the total and component Gross Floor Area (by use) of the development. <P><B>Building height</B> <P>9.The height of the building, as defined in Sydney Regional Environmental Plan No. 26 - City West, must not exceed 21.03 metres. The height of the top of the roof including any structures erected or placed thereon (exclusive of flagpoles) must not exceed RL 40.45 (AHD). <P><B>Residential development</B> <P>10.Deleted. <P><B>S 94 contribution</B> <P>11.A contribution under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s94.html">s 94</A> of <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">the Act</A> shall be paid or a bank guarantee for payment prior to a certificate of
occupancy shall be provided in accordance with the following: <P><B>1.Cash Contribution Required</B> <P><B></B>In accordance with the adopted "Ultimo Pyrmont Contributions Plan 1994" a cash contribution shall be paid to Council in accordance with this condition. <P><B>2.Amount of Contribution</B> <P><B></B>The amount of the contribution shall be $114,745.47
<P><B>Note:</B> The contribution will be indexed annually on January 1, see paragraph (e) below. <P><B>3.Purposes for which Contribution Required</B> <P><B></B>The contribution is required, and shall be held and applied in accordance with <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">the Act</A> and the "Ultimo Pyrmont Contributions Plan 1994", for the purposes, and in the
proportions, set out as follows:- <P>1.Open Space - 64% <P>2.Community Facilities - 9.5% <P>3.Roads and Associated Infrastructure - 26.2% <P>4.Administration - 0.3% <P><B>4.Timing of Payment</B> <P><B></B>The contribution shall be paid prior to the release of the building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">Section 68</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act 1993</A> for the construction of the development. Payment shall be made payable to the City of Sydney by bank guarantee or bank cheque. (Personal or company cheques will not be accepted). <P><B>5.Indexing</B> <P><B></B>If the contribution is paid or a bank guarantee provided after 31 December of the year in which this consent is granted, then the figure in paragraph (b) of this condition shall be indexed in accordance with clause 19 of the "Ultimo Pyrmont Contributions Plan 1994". <P><B>Sydney Water certificate</B> <P>12.An application must be made to Sydney Water for a Certificate under Part 6, Division 9, <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/wba1994296/s73.html">Section 73</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/wba1994296/">Water Board (Corporatisation) Act 1994</A> (Compliance Certificate). Evidence that a Compliance Certificate has been obtained is to be produced prior to release of the building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">section 68</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act 1993</A> for the construction of the development.
<P><B>Note:</B> You should make immediate application to Sydney Water for this certificate to avoid problems in servicing your development. Contact Sydney Water, Central Region, Rockdale (Urban Development Section). <P><B>Affordable Housing contribution</B>
<P>13.The Affordable Housing contribution is as follows : <P>1.In accordance with clause 59 of Sydney Regional Environmental Plan No. 26 - City West and the Affordable Housing Program, and before any building approval is granted under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">section 68</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act 1993</A>, the applicant must provide evidence that a monetary contribution towards the provision of affordable housing has been paid at the Department of Urban Affairs and Planning (City West Office, Level 2, 137 Pyrmont Street, Pyrmont), or a bank guarantee in favour of the Department of Urban Affairs and Planning to the value of the required contribution has been lodged. The contribution shall be $39,815.49 . <P>2.Before any Certificate of Classification is granted under the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local</A> <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Government Act 1993</A>, the applicant must provide evidence to Council that the bank guarantee referred to in (a) above has been redeemed as payment of this contribution. If the contribution is paid after 30 June of the year in which this consent is granted, the amount of the contribution must be indexed in accordance with paragraph 3.4 of the adopted Affordable Housing Program. <P><B>Construction compliance certification</B> <P>14.The Director City Development shall require periodic certification that all or part of the construction work, including architectural detail, is in accordance with the approved development application drawings and conditions of development consent and the approved building application drawings and conditions of consent. <P><B>Consistency of drawings</B> <P>15.In the event that the approved plans incorporate inconsistencies of detail between the relevant plans and elevations, the details shown in the elevations
shall take precedence. <P><B>Glazing</B> <P>16.All external glazing in the development must be clear and untinted. <P>17.The visible light reflectivity from building materials used on the facade of the building should not exceed 20% and must be otherwise designed so as not to result in glare that causes discomfort or threatens safety of pedestrians or drivers. <P><B>Awnings</B> <P>18.The awning shall comply with the Draft City of Sydney Awnings Policy <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp59" name=disp60><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp61"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A>. <P><B>Car park entry finish</B> <P>19.Car park roller doors shall be designed and constructed for quiet operation. <P>20.The walls and ceilings of the vehicular entry, visible from the street shall be finished in high quality materials to the satisfaction of Council. No service ducts or pipes are to be visible. <P><B>Public Domain Plan</B>
<P>21.The following requirements apply:- <P>1.Three copies of a detailed Public Domain Plan shall be prepared by an architect, urban designer or landscape architect and be lodged with and approved by Council prior to building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">section 68</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local</A> <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Government Act 1993</A> for construction of the development. <P>2.To facilitate the release of the BA draft plans should be submitted prior to BA submission for advice prior to formal inclusion into the BA. The detailed Public Domain Plan shall address any advice given on the schematic Public Domain Plan.
<P>3.The Public Domain Plan shall indicate the following:- <P>1.Re-paving of the public footways adjoining the site. The paving type shall be asphalt and the design and construction of the paving and the base shall be in accordance with the APublic Domain Development Strategy for Ultimo/Pyrmont@ and the AUltimo/Pyrmont Public Domain Technical Manual@ and Council=s specifications. <P>2.Adjustments to grades required to comply with Council=s standard of maximum crossfall of 2.5%. <P>3.The relocation and reconstruction of kerb ramps and vehicle crossovers in accordance with the APublic Domain Development Strategy for Ultimo/Pyrmont@ and the AUltimo/Pyrmont Public Domain Technical Manual@ and where required adjustments to the kerb radius, storm water pits, traffic signals and line markings to accommodate the relocated kerb ramps. <P>4.The repair, and when required the resetting, of all stone kerbing to 150mm above the gutter height and the replacement of any concrete kerbing with stone kerbing in accordance with the APublic Domain Development Strategy for
Ultimo/Pyrmont@ and the AUltimo/Pyrmont Public Domain Technical Manual@. Where adjustments to the kerbing require substantial gutter demolition, the entire gutter and the carriageway are to be reconstructed to the centreline of the carriageway. <P>5.The retention of existing street trees and the installation of new trees where required in accordance with the APublic Domain Development Strategy for Ultimo/Pyrmont@ and the AUltimo/Pyrmont Public Domain Technical Manual@. <P>6.Deleted. <P>7.Deleted. <P>8.Deleted. <P>9.The re-alignment and level adjustment of service pits to correspond to new kerb ramps and paving. <P>10.New lids in flagstone paving that can be filled with stone to match the stone paving surrounds. Lids in asphalt paving to be filled with cement mortar coloured to match the asphalt. <P>11.The applicant shall not be liable for the costs of any modifications to the traffic signs or traffic lights which may be necessary.
<P>4.The Public Domain Plan is to:-
<P>1.Be drawn at minimum scale 1:100 and to show the footway area 10m on either side of the property boundary. <P>2.Show the entire layout of flagstone paving where full flagstone paving is required. <P>3.Nominate the location, type and material of all existing and proposed elements. trees and structures on the footway including, paving, kerbing, kerb ramps, vehicle crossings street furniture, utility poles, parking meters, pedestrian and traffic signals, service pits and storm water pits. <P>4.Include longitudinal sections along the alignment, kerb and gutter on a
common datum line. Longitudinal sections are to be drawing to a scale of 1:100
horizontal and 1:10 vertical showing existing levels (AHD) with a thin line (0.25mm) and proposed levels with a thicker line (0.7mm).
<P>5.Include cross sections at scale 1:50 at 10m intervals and through kerb and vehicular ramps and at entrances.
<P>6.Include plans at scale 1:50 of all corners showing paving layout, kerb ramps, service and stormwater pits and their relationship to the building, line markings and pedestrians signals and kerb ramps on the other side of the street. <P>7.Include specifications for the proposed works. <P><B>External lighting</B> <P>22.A separate development application is required to be lodged for any proposed external floodlighting or illumination of the building. Such application shall be submitted and approved by Council prior to the installation of any external lighting. <P><B>Access for persons with a disability</B> <P>(23) Access to the building, including the car park and commercial floor space, shall be in accordance with the requirements of AThe City of Sydney Access Policy December 1992@. <P>(24) Parking space(s) designed for persons with a disability must be available for use in conjunction with the unit(s) designated for persons with a disability. Such unit(s) shall be linked in any future strata subdivision of the
building. <P><B>Model</B> <P>(25) Should any variation occur to the design of the proposed building prior to the release of the application for construction of the development under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">Section 68</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local
Government Act 1993</A>, a 1:500 scale model of the development must be submitted to Council. The model is to comply with all of the conditions of the development and building consent. Council=s model maker should be consulted prior to construction of the model. <P><B>Numbering</B> <P>(26) Street numbers and the building name, if any, shall be clearly displayed at either end of the ground level frontage in accordance with the APolicy on Numbering of Premises within the City of Sydney@. If new street numbers or a change to street numbers are required, a separate application shall be made to Council. <P><B>Building name</B> <P>(27) Any proposed naming of the development which intends to incorporate the name of a city street, park or place, is subject to the separate approval of Council. <P><B>Street name plate</B> <P>(28) Council=s standard street name plate shall be affixed to all street frontages of the building, visible to both pedestrian and vehicular traffic. The signs shall be obtained and installed at no cost to Council.
<P><B>Residential amenity</B> <P>(29) The development shall comply with the Interim Policy Amenity Provisions
for Residential Buildings and Serviced Apartments. In particular:- <P>(a) In order to assist acoustic control between apartments and assist in the fixing of internal fittings, all party walls are to be a minimum 250mm cavity masonry wall. <P>(b) The minimum floor to ceiling height of apartments is to be 2.55 metres. <P><B>Report to be complied with</B>
<P>(30) The development shall be in accordance with the recommendations of the: <P>Wind Effects Report dated February <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp60" name=disp61><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp62"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> prepared by Vipac Engineers and Scientist Ltd. <P>Reflectivity Report dated February <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp61" name=disp62><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp63"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> prepared by Vipac Engineers and Scientists Ltd. <P>Acoustic Assessment Report dated February <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp62" name=disp63><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp64"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> prepared by Vipac Engineers and Scientist Ltd. <P>Energy Efficiency of the Complex Report dated February <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp63" name=disp64><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp65"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> by Vipac Engineers and Scientist Ltd. <P>Stage 1 Preliminary Site Investigation Report dated January <A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp64" name=disp65><IMG alt="<<" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextup.gif"></A><B>1998</B><A
href="http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWLEC/1998/190.html?query=%7E%201998#disp66"><IMG alt=">>" border=0 src="M and P Hooshmand v_ Sydney City Council [1998] NSWLEC 190 (20 August 1998)_files/contextdown.gif"></A> by Gutteridge Haskins and Davey Pty Ltd. <P>Heritage Assessment Report dated October 1997 by Noel Bell Ridley Smith and Partners Architects Pty Ltd <P><B>Car parking areas</B>
<P>(31) The following car parking and service vehicle requirements apply:- <P>(a) No more than 21 car spaces shall be provided on the development site.
This shall comprise: <P>residential spaces; <P>residential visitor spaces (to be located closest to the entrance, or adjacent to the nearest lift access to the ground floor); <P>business/commercial premises spaces; <P>(b) 1 of the above car parking spaces is to be for people with mobility impairment, in accordance with AS 2890.1. <P>(c) All carspaces must be allocated and marked according to this requirement. <P>(d) If the development is to be strata subdivided, the carpark layout must respect the above allocation. <P>Deleted. <P><B>Facilities for cyclists</B> <P>(32) A cycle storage area with cycle racks is to be provided for residents of the building as shown on Drawing No 9725.02. The facilities for cyclists shall be indicated on the plans submitted with the Application for building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">s 68</A> of the <I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act</I> 1993</A> for construction of the development. <P><B>Vehicular servicing </B>
<P>(33) The following requirements apply to service vehicle areas:- <P>(a) Off street loading facilities are to be provided for a service vehicle. 1 of the visitor spaces is to be available for use of loading and unloading and be 2.6m x 5.4m with a clear headroom of 2.2m for the parking of courier vehicles. This space is to be located closest to the car park entrance or adjacent to a goods lift. <P><B>Garbage and waste management</B> <P>(34) A garbage room shall be provided as shown on Drawing No 9725.03A and allowance should be made for separation of putrescible waste from trade waste suitable for recycling, to the satisfaction of the Council. <P>(35) The loading operation, including the movement of garbage receptacles, must take place on a level surface away from gradients and vehicle ramps. No garbage is to be placed on the public way, eg. footpaths, roadways, plazas, reserves or building colonnade areas, at any time. <P>(36) The storage and handling of garbage must comply with the requirements of
the <I>ACode for Waste Handling in Buildings, adopted 17 October 1994@.</I> <P><B>Off site work required</B> <P>(37) The applicant shall provide vehicular footway crossings if required and reinstate the footpath where any existing crossings adjacent to the site are no longer required, to the requirements of Council. <P><B>Stormwater and drainage</B>
<P>(38) The following stormwater details shall be submitted: <P>(a) Prior to the lodgement of the Application for building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">Section 68</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act 1993</A> for construction of the development, details of the stormwater disposal and drainage of the development are to be submitted for approval by Council. All approved details for the disposal of stormwater and drainage shall be implemented in the development. <P>(b) Deleted. <P><B>Alignment levels </B>
<P>(39) The following shall be submitted :- <P>(a) Prior to the lodgement of the Application for building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">Section 68</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act 1993</A>, for construction of the development, a separate application must be made and footpath alignment levels submitted for the design of the building. <P>(c) These levels, as approved by council are then to be incorporated into the plans submitted with the Application for building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">Section 68</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act 1993</A> for construction of the development. <P><B>Projection of building</B> <P>(40) No part of the building or attachments thereto is to project beyond a street alignment, except as permitted pursuant to the <I>Local Government (Approvals) Regulation </I>1993. <P><B>Sanitary facilities</B> <P>(41) Sanitary and other facilities must be provided in accordance with the <I>Building Code of Australia</I>, Part F2. <P><B>Ventilation/heating/cooling systems</B> <P>(42) The position of cooling towers, condenser units, fresh air intake, exhaust, spill and relief air vents of mechanical ventilation systems are to be submitted for approval by Council prior to building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">s 68</A> of the<I> <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act</I> 1993</A> for construction of the development. <P>(43) All air/handling, evaporative cooling, hot water, humidifying, warm water or water cooling systems installed on the premises must comply with the <I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/pha1991126/">Public Health Act</I> 1991</A> and <I>Public Health Regulation</I> 1991. <P>(44) The premises must be ventilated in accordance with the <I>Building Code of Australia</I> and <I>Council=s Ventilation Code</I>. <P>(45) The owner or occupier of the premises must apply to Council for the registration of water-cooling systems (cooling towers and evaporative condensers), evaporative cooling systems and warm-water systems which heat and deliver water at less than 60<SUP>o</SUP><SUB> </SUB>C at each outlet installed on the premises. <P>(46) Air conditioning or refrigeration systems which contain R11 or R12 or any other controlled substance as defined in the Ozone Protection Regulation 1991, must not be installed in the building. Air conditioning and refrigeration systems must use environmentally friendly refrigerants. <P><B>Public utility services</B> <P>(47) To ensure that public utility authorities are advised of the
development: <P>(a) A survey is to be carried out of all utility services within the site including relevant information from public utility authorities and excavation if necessary, to determine the position and level of services. <P>(b) The applicant is to negotiate with the public authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, in connection with the relocation and/or adjustment of the services affected by the construction of the underground structure. Any costs in the relocation, adjustment or support of services are to be the responsibility of the applicant. <P>(c) Documentary evidence is to be submitted to Council from the public authorities confirming that all of their requirements have been satisfied, prior to building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">s 68</A> of the <I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act</I> 1993</A> for construction of the development. <P>(48) Appropriate access to the building shall be provided for up to three telecommunications carriers to the satisfaction of Council. Details shall be provided with the Application for building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">s 68</A> of the <I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local</A> <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Government Act</I> 1993</A> for construction of the development. <P>(49) Prior to the commencement of excavation, the applicant shall contact ASydney One Call Services@ on (02) 9806 0800 to ascertain the presence and type of underground utility services in the vicinity of the development. <P><B>Care of building surrounds</B> <P>(50) In addition to Council=s daily street sweeping and cleansing operations, the owner/manager of the building shall ensure that the forecourt and the surrounds of the building are to be kept clean and free of litter during normal working hours. <P><B>Hours of work and noise</B>
<P>(51) The hours of construction and work on the development shall be: <P>(a) All work, including building/demolition and excavation work in connection with the proposed development must only be carried out between the hours of 7.30 a.m. and 5.00 p.m. on Mondays to Fridays, inclusive, and 7.30 a.m. and 3.00 p.m. on Saturdays, with safety inspections being permitted at 7.00 a.m. on work days and no work must be carried out on Sundays or public holidays. <P>(b) The applicant must provide to Council a 24 hour per day telephone contact number and must ensure such number is continually attended by a person with authority over the building work during the construction period. <P>(c) The approved hours of work and the 24 hour telephone number must be prominently displayed at all times on the building site and must be visible from a public street or a public place. <P>(d) All work, including demolition, excavation and building work must comply with <I>"The City of Sydney Building Sites Noise Code"</I> and <I>Australian
Standard</I> 2436 - 1981 <I>"Guide to Noise Control on Construction, Maintenance and Demolition Sites."</I> <P>(52) No construction shall take place on the site during the general period of the 2000 Olympics, being from 1 September 2000 to 1 October 2000. <P>(53) This development consent does not extend to the use of appliances which emit noise of a highly intrusive nature (such as pile-drivers and hydraulic hammers) or are not listed in Groups B, C, D, E, or F of Schedule 1 of the <I>"City of Sydney Building Sites Noise Code"</I>. A separate application for approval to use any of these appliances must be made to Council. <P><B>Use of mobile cranes</B>
<P>(54) Permits required for use of mobile cranes:- <P>(a) For special operations including the delivery of materials, hoisting of plant and equipment and erection and dismantling of on site tower cranes which warrant the on street use of mobile cranes, permits must be obtained from Council for the use of a mobile crane. The permits must be obtained 48 hours beforehand for partial road closures which, in the opinion of Council will create minimal traffic disruptions and 4 weeks beforehand in the case of full road closures and partial road closures which, in the opinion of Council, will create significant traffic disruptions. <P>(b) Mobile cranes operating from the road must not be used as a method of demolishing or constructing a building. <P>(c) Special operations and the use of mobile cranes must comply with the approved hours of construction. Mobile cranes shall not be delivered to the site prior to 7.30am without the prior approval of Council. <P><B>Pedestrian and traffic management during construction</B>
<P>(55) A Pedestrian and Traffic Management Plan must be submitted prior to building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">s 68</A> of the <I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act</I> 1993</A> for construction of the development and must include
details of :- <P>(a) Proposed ingress and egress of vehicles to and from the construction site; <P>(b) Proposed protection of pedestrians adjacent to the site; <P>(c) Proposed pedestrian management whilst vehicles are entering and leaving the site; <P>(d) Proposed route of construction vehicles to and from the site. <P>The Pedestrian and Traffic Management Plan as approved by Council shall be implemented during the construction period. <P>(56) All construction traffic shall use the Ultimo-Pyrmont Construction Traffic Route. <P><B>Loading and unloading during construction</B>
<P>(57) The following requirements apply:- <P>(a)<B> All loading and unloading associated with construction must be accommodated on site, as far as is reasonably practicable.</B> <P>(b)<B> The structural design of the building shall be such as to permit the basement and/or the ground floor to be used as a loading and unloading area for the construction of the remainder of the development as far as is reasonably practicable..</B> <P>(c) If, during excavation, it is not feasible for loading and unloading to take place on site, the provision of a construction zone may be considered by Council. <P>(d) In addition to any approved construction zone, provision must be made for loading and unloading to be accommodated on site once the development has reached ground level. <P>(e) If a construction zone is warranted, such an application must be made to Council prior to commencement of work on the site. An approval for a construction zone may be given for a specific period and certain hours of the days to reflect the particular need of the site for such facility at various
stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities. <P><B>Environmental protection during construction</B> <P>(58) The following environmental protection measures are required during
construction: <P>(a) A Water and Sediment Control Statement must be submitted and approved by Council prior to construction of the development.
<P>(b) Such statement must include: <P>(i) The procedures by which stormwater and waste water deposited or generated on site is to be collected and treated prior to discharge including details of any proposed pollution control device; <P>(ii) The proposed method of discharge; <P>(iii)The procedures to be adopted for the prevention of run-off from the site onto the public way; <P>(iv) The procedures to be adopted for the prevention of loose material and litter from being blown onto the public way; <P>(v) The statement is to be consistent with the principles and practices set out in the Department of Land and Water Conservation=s <I>AErosion and Sediment Control Manual@</I>. <P>(c) The Water and Sediment Control Statement as approved by Council, shall be implemented during the construction period. <P>(d) Any seepage or rain water collected on site during construction must not be pumped to the street stormwater system unless separate prior approval is given in writing by Council. The applicant must comply with the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/cwa1970131/">Clean Waters Act,</A> <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/cwa1970131/">1970</A>, whereby it is an offence to pollute classified waters such as Sydney Harbour to which much of the City's street drainage is directly connected. <P>(59) Details of the manner in which it is intended to remove spoil and rubbish from the site in the course of demolition, excavation and construction operations as well as measures to be adopted for the eradication of any vermin from the site must be submitted for the approval of Council prior to the commencement of work. <P>Vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust or other material. <P>(60) In accordance with the provisions of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/wmama1995316/">Waste Minimisation and Management</A> <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/wmama1995316/">Act 1995</A>, details of refuse removal from the demolition site are to be submitted
to Council and must include: <P>(a) Types and quantities of materials that are to be reused or recycled on and off site and quantities scheduled for disposal; <P>(b) Name of company/contractor undertaking on and off site reuse and recycling and address of recycling outlet; <P>(c) Name of refuse transport contractor and address of disposal site. <P>This information must be provided prior to commencement of any work on the site and Council is to be notified of any proposed alteration of the above information during the course of demolition. <P>(61) Details of the destination of spoil removed from the site during the course of excavation must be submitted for the approval of Council. This must
include:- <P>(a) type and quantities of excavated material; <P>(b) name/address of company/organisation accepting excavated material; <P>(c) address of proposed site of disposal; <P>(d) name and address of transport company. <P>Council must be furnished with the above information prior to commencement of work. Council must be notified of any proposed change in any of the above details throughout the course of construction.
<P><B>Note:</B> The <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/poteaa1991485/">Protection of the Environment Administration Act, 1991</A>, provides for the revocation of transporters' licences where drivers dump wastes illegally. <P>(62) All street trees shall be protected at all times during construction, in accordance with Council's Tree Preservation Order. Any tree on the footpath which is damaged or removed during construction shall be replaced, to the satisfaction of Council. <P>(63) The public way must not be obstructed by any materials, vehicles refuse skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of Notice by Council to stop <B>all </B>work on site. <P><B>Hoardings</B>
<P>(64) The following requirements apply to hoardings:- <P>(a) A separate application is to be made to Council and an Hoarding Permit obtained for the erection of a hoarding, prior to the commencement of any demolition or building work on the site. <P>(b) The application for a hoarding shall include architectural, construction and structural details of the design. The design shall be in accordance with the Draft APolicy for the Design and Construction of Hoardings@ (September 1997). <P>(c) The hoarding shall be erected to Council=s satisfaction and traffic lights, kerb ramps and access to public utility service covers shall not be obstructed. Structural certification by an appropriately qualified practising structural engineer that the hoarding complies with the relevant building codes, industry standards and Council=s Policy, shall be provided, to the satisfaction of Council. <P>(d) Hoardings must be continuously maintained to a high standard. All graffiti is to be removed within 24 hours. <P><B>Shoring</B>
<P>(65) Where shoring abuts the public way a Road Opening Permit is to be obtained from Council and a separate application made for the approval of detailed shoring plans, and associated documentation to Council's satisfaction, prior to commencement of any excavation of the site. Structural certification by an appropriately qualified practising Structural Engineer and a geotechnical report to ensure a stable excavated site and public way including certification of the foundation material, is to be provided. <P><B>Restrictions on use</B> <P>(66) A separate application must be submitted at the appropriate time for the specific use of the ground floor business floor space. <P><B>Signs</B> <P>(67) A separate development application for any proposed signs which are either externally fitted or applied must be submitted for the approval of Council prior to the erection or display of any such signs.<I> </I> <P>(68) A Waste Management Plan must be submitted to and approved by Council, prior to building approval under s 68 of the <I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act</I> 1993</A> for construction of the development. In accordance with the provisions of the <I><A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/wmama1995316/">Waste Minimisation and Management Act </I>1995</A>, the plan is to detail the process of waste minimisation within the development and shall include procedures by
which waste is minimised and managed: <P>(a) During <B>demolition and construction </B>including estimates of volumes, procedures for on and off site separation of materials for reuse, recycling and disposal and justification for disposal; <P>(b) During <B>future use</B> including <P>(i) The procedures by which waste is to be minimised and managed within each individual unit or office, on each floor of the building and within the garbage/recycling storage and collection area; <P>(ii) The proposed methods to be adopted to facilitate the use of the garbage and recycling storage areas by residents and tenants, but to prevent their use by non-residents/tenants; <P>(iii) The proposed access to the garbage and recycling storage areas by collection/compaction vehicles; <P>(iv) Provision for the separation of commercial waste from residential waste. <P>All requirements of the Waste Management Plan, as approved by Council, shall be implemented during the construction and operation of the development. <P>(69) The building owner must ensure that there is a contract either with
Council or a licensed contractor for the removal of <B>trade waste.</B> No garbage must be placed on the public way, e.g. footpaths, roadways, plazas, reserves, at any time. <P><B>Electricity substation</B> <P>(70) The owner must dedicate to Energy Australia, free of cost, an area of land adjoining the street alignment to enable an electricity substation to be established. The size and location of the substation is to be submitted for Council approval prior to the lodgement of the Application for building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">Section 68</A> of the <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Local Government Act 1993</A> for construction of the development. <P><B>Numbering</B> <P>(71) Street numbers and the building name, if any, shall be clearly displayed at either end of the ground level frontage in accordance with the APolicy on Numbering of Premises within the City of Sydney@. If new street numbers or a change to street numbers are required, a separate application shall be made to Council. <P>(72) Shop numbers must be clearly displayed in accordance with the "Policy on Numbering of Premises within the City of Sydney". <P><B>Receptacles for cigarette butts</B> <P>(73) Provision must be made outside the entrance/s to the building for an adequate number of receptacles for the disposal of cigarette butts. The design of the receptacle/s must be approved by Council and details shall be provided with the Application for building approval under <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s68.html">s 68</A> of the <I>Local <A
href="http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/">Government Act</I> 1993</A> for construction of the development.
<P><B>Notes:</B> <P>(a) The emptying and maintenance of the receptacle/s is the responsibility of the building owner/manager and will not be undertaken by Council. <P><B>Off site work required</B> <P>(74) The applicant shall provide for and pay the cost of the relocation or replacement of any tree on the footpath that has been approved for removal as a result of the development, to the satisfaction of Council. <P>(75) The proposed vehicle access ramp is to provide a maximum grade of 1 in 15 for the first 3.5m from the alignment thence a maximum of 1 in 8 without transition or 1 in 6 with a transition of 1 in 12 for 3.5m at the opposite end of the ramp. <P>(76) A AStop@ sign is to be installed and maintained at the vehicle egress point within the building to compel vehicles to stop before proceeding onto the public way. <P>(77) The balustrades of all the balconies on floors 1 to 5 inclusive above the masonry upturns shall be glazed to the relevant Australian standard to a height of 1 metre above the balcony floor.
<P>(78) The Applicant shall provide operable fan lights over the sliding doors to the balconies of the apartments for the purposes of assisting natural ventilation. <P> <P> <P> <P></P></BODY></HTML>
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