Decisions
Northern Beaches Independent
Assessment Panel - South
Held at Council Chambers, 1 Belgrave Street Manly on:
Thursday 15 September 2016
NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
15 SEPTEMBER 2016
TABLE OF CONTENTS
Item
Page No.
PRESENT .............................................................................................................................. 1
DECLARATIONS OF PECUNIARY INTEREST / CONFLICT OF INTERESTERROR! BOOKMARK NOT DEFIN
NBIAP - SOUTH .................................................................................................................... 2
NBIAP - South Report No. 21
29 Sydney Road, Manly - DA0077/2016 .............................................................................. 2
NBIAP - South Report No. 22
107 Seaforth Crescent, Seaforth - DA0126/2016 ................................................................. 4
NBIAP - South Report No. 23
82 Cutler Road, Clontarf - DA0100/2016 ........................................................................... 18
NBIAP - South Report No. 24
56 Bower Street, Manly - DA0208/2016 ............................................................................. 31
NBIAP - South Report No. 25
3A Cohen Street, Fairlight - DA0192/2016 ......................................................................... 42
Northern Beaches Independent Assessment Panel - South Minutes
Page 1
NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
15 SEPTEMBER 2016
The Northern Beaches Independent Assessment Panel - South was held in the Council Chambers,
Town Hall, Manly, on Thursday 15 September 2016. The meeting commenced at 10:00am.
PRESENT
The Hon Paul Stein QC AM – Chair
Gail Lynch
Brian McDonald
Terry Metherall
ALSO PRESENT
Peter Robinson, Executive Manager, Development Assessment, Planning & Community
Philippa Frecklington, Manager, Land Use Assessments, Planning & Community
Lillian Warnes, Administration, Planning & Community
DECLARATIONS OF PECUNIARY INTEREST / CONFLICT OF INTEREST
Note: There were no Declarations of Interest.
Northern Beaches Independent Assessment Panel - South Minutes
Page 1
NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
15 SEPTEMBER 2016
NBIAP - SOUTH
NBIAP - South Report No. 21
29 Sydney Road, Manly - DA0077/2016 (MC/16/113369)
Application Lodged:
30 March 2016
Applicant:
MNT Investments Pty Ltd
Owner:
David & Lynette Park Pty Ltd
Estimated Cost:
$240,000
Zoning:
Manly Local Environmental Plan, 2013 – B2 Local Centre0
Surrounding Development:
A mix of one-, two-, and three-storey commercial buildings
Heritage:
Within the Town Centre Conservation Area and nearby Item
231 Congregational Church and Item 234 Group of 5
commercial buildings
NSW LEC:
Not applicable
Officer:
CD
FILE NOTE:
This Development Application was notified as:
“Alterations and additions to an existing commercial building for the use as a pub
including restaurant/ bar/ café, consolidation of shops, addition of a new first floor,
new mezzanine level, rooftop terrace, outdoor eating areas, extension to the hours
of operation from Monday to Saturday 7.00am to 12.00am (indoor), Sunday 7.00am
to 10.00pm, (indoor), Monday to Saturday 7.00am to 10.30pm (outdoor) and Sunday
7.00am to 10.00pm (outdoor) – Donny’s Bar”
However, the proposal is intended as a restaurant/café, and not a pub/bar. The proposal
description has been amended accordingly. The application was not re-notified as the amendment
is not significant, consistent with Clause 2.2.1.3 of MDCP 2013.
SUMMARY:
1.
DEVELOPMENT CONSENT IS SOUGHT FOR ALTERATIONS AND ADDITIONS TO AN
EXISTING COMMERCIAL BUILDING FOR THE USE AS A RESTAURANT/CAFÉ,
CONSOLIDATION OF SHOPS, ADDITION OF A NEW FIRST FLOOR, NEW MEZZANINE
LEVEL, ROOFTOP TERRACE, OUTDOOR EATING AREAS, EXTENSION TO THE HOURS
OF OPERATION FROM MONDAY TO SATURDAY 7.00AM TO 12.00AM (INDOOR),
SUNDAY 7.00AM TO 10.00PM, (INDOOR), MONDAY TO SATURDAY 7.00AM TO 10.30PM
(OUTDOOR) AND SUNDAY 7.00AM TO 10.00PM (OUTDOOR) – DONNY’S BAR.
2.
THE APPLICATION WAS NOTIFIED TO ALL ADJOINING AND NEARBY PROPERTY
OWNERS AND FOUR SUBMISSIONS WERE RECEIVED.
3.
THE APPLICATION WAS REFERRED TO ALL MANLY PRECINCT COMMUNITY FORUMS
FOR COMMENTS WHO DID NOT OBJECT TO THE PROPOSAL.
4.
THE APPLICATION DOES NOT INCLUDE A VARIATION TO THE ANY DEVELOPMENT
STANDARD.
5.
A SITE INSPECTION WAS CARRIED OUT ON 25 MAY 2016.
6.
THE REPORT OF RECOMMENDATION WAS REVIEWED BY THE DAU PANEL ON 10
AUGUST 2016. THE DAU PANEL DEFERRED THIS MATTER FOR CLARIFICATION OF
SECTION 94 CONTRIBUTION CALCULATIONS.
7.
FOLLOWING DAU DEFERRAL, DEPUTY GENERAL MANAGER STEPHEN CLEMENTS
REVIEWED AND APPROVED THE SECTION 94 CONTRIBUTION CALCULATIONS.
8.
THE APPLICATION WAS THEN PRESENTED TO THE DEVELOPMENT ASSESSMENT
UNIT MEETING ON 17 AUGUST 2016, WHERE IT WAS RECOMMENDED FOR
APPROVAL.
9.
THE APPLICATION IS RECOMMENDED FOR APPROVAL.
Northern Beaches Independent Assessment Panel - South Minutes
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NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
15 SEPTEMBER 2016
The following people addressed the meeting in relation to this item:
For the Recommendation:
Nil
Against the Recommendation:
Nil
21/16 Decision of the Panel:
That Development Application No. 77/2016 for alterations and additions to an existing commercial
building for the use as a restaurant/café, consolidation of shops, addition of a new first floor, new
mezzanine level, rooftop terrace, outdoor eating areas, extension to the hours of operation from
Monday to Saturday 7.00am to 12.00am (indoor), Sunday 7.00am to 10.00pm, (indoor), Monday to
Saturday 7.00am to 10.30pm (outdoor) and Sunday 7.00am to 10.00pm (outdoor) – Donny’s Bar at
29 Sydney Road, Manly be Refused for the following reasons:1.
The Application and the Plans provided to Council disclose insufficient information to be able
to make a proper assessment of a number of important aspects of the application. For
example, it is unclear from the information provided how the existing Donny’s Bar is
integrated or otherwise into the balance of the proposed premises. (Refer to Manly DCP
2013 Clause 2.1.2.1 and Clause 4.2.5.6(h))
2.
Given the situation of the premises and the proximity to residential uses, the retractable roof
is seen as undesirable and will have unreasonable noise impacts on the immediate
neighbourhood. It is noted that the premises are outside the designated entertainment
precinct. (Refer to Clause 6.21 of the Manly LEP 2013)
3.
The acoustic report provided with the application does not accurately address the noise
emanating from the first floor and mezzanine level. The wall on the west elevation is
incorrectly described as 230mm brickwork, whereas it is glazed.
4.
The acoustic report does not consider the noise generated by the operation of the retractable
roof.
5.
The proposed development is inconsistent and unsympathetic with the adjacent buildings in
the Town Centre Conservation Area. (Refer Clause 5.10 of the Manly LEP 2013 and Clause
5.1 of the Manly DCP 2013)
6.
There is no equitable access to the upper floors of the premises (Refer Clause 3.6 of the
Manly DCP 2013)
7.
The proposed development does not comply with Clause 3.8.1(b) of the Manly DCP 2013.
The proposed garbage facilities appear to be inadequate.
8.
The application as proposed is inconsistent with the generally low scale residential, retail and
community uses of the immediate area. (Section79C(1)(b) of the Environmental Planning
and Assessment Act 1979 and the aims and objectives of the Manly DCP 2013 Clause 1.7)
9.
The proposed development is not considered to be in the public interest having regard to
Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979.
For the Decision:
Stein, Lynch, McDonald and Metherell
Against the Decision:
Nil
*******
Northern Beaches Independent Assessment Panel - South Minutes
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NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
15 SEPTEMBER 2016
NBIAP - South Report No. 22
107 Seaforth Crescent, Seaforth - DA0126/2016 (MC/16/114268)
Application Lodged:
25 May 2016
Applicant:
Mr Martin Colebrook
Owner:
Mr Martin Colebrook
Estimated Cost:
$1,500,000.00
Zoning:
Manly Local Environmental Plan, 2013
Environmental Management.
Surrounding Development:
Residential
Heritage:
I1- Harbour Foreshore to the rear of the site.
NSW:
Not applicable.
Officer:
TP
–
Zone
E3
SUMMARY:
1.
2.
3.
4.
5.
6.
DEVELOPMENT CONSENT IS SOUGHT FOR DEMOLITION OF EXISTING DWELLING,
CONSTRUCTION
OF
NEW
DWELLING
HOUSE
INCUDING
DETACHED
ENTERTAINMENT AREA, STUDIO, SWIMMING POOL, A DECK, AN INCLINATOR,
DRIVEWAY, HARDSTAND CAR PARKING, A GARAGE, A MECHANISED LIFT,
RETAINING WALLS AND LANDSCAPING.
THE APPLICATION WAS NOTIFIED TO ALL ADJOINING AND NEARBY PROPERTY
OWNERS AND 3 SUBMISSIONS WERE RECEIVED.
THE APPLICATION INCLUDES A WRITTEN APPLICATION TO VARY THE HEIGHT OF
BUILDING DEVELOPMENT STANDARD. PURSUANT TO CLAUSE 4.6, A VARIATION OF
UP TO 71.7% TO THE EXISTING STANDARD IS SOUGHT.
THE APPLICATION WAS PRESENTED TO THE DEVELOPMENT ASSESSMENT UNIT
MEETING ON 31 AUGUST 2016, WHERE IT WAS RECOMMENDED FOR APPROVAL.
SITE INSPECTION WAS CARRIED OUT 22 AUGUST 2016.
THE APPLICATION IS RECOMMENDED FOR CONDITIONAL APPROVAL.
The following people addressed the meeting in relation to this item:
Against the Recommendation:
Mariam Arian
For the Recommendation:
Martyn Colebrook
22/16 Decision of the Panel:
In consideration of the written request made by the applicant pursuant to Clause 4.6 of the Manly
Local Environmental Plan 2013, the consent authority is satisfied that compliance with the
development standard contained in Clause 4.3 (Height of Buildings) Manly Local Environmental
Plan 2013 and Clause 6.10 Foreshore Building Line and Foreshore Area are unreasonable or
unnecessary in the circumstances and that there are sufficient environmental planning grounds to
justify contravening the development standard.
That pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979,
Development Application No. DA126/2016 for Demolition of existing dwelling, construction of new
dwelling house including detached entertainment area, studio, swimming pool, a deck, an
inclinator, driveway, hardstand car parking, a garage, a mechanised lift, retaining walls and
landscaping at 107 Seaforth Crescent, be approved but shall not operate until the following
documentation / information has been submitted:-
A1
The plans are to include the following :
Northern Beaches Independent Assessment Panel - South Minutes
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NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
15 SEPTEMBER 2016
Dimensioned drawings shall be submitted providing the RL’s at each floor level,
roof lines, structures above roof level such as pergolas, stair landings, inclinator
landings, parking hardstand and any other structures. The RL’s shall be shown on
the plans, elevations and sections. General dimensions of the structures should
also be shown on the plans. Amended documents demonstrating compliance with
this condition are to be submitted to the Council for approval.
This consent is a "deferred commencement".
Evidence of Item A1 is to be submitted within a period of Twelve (12) months pursuant to Section
80(3) of the Environmental Planning and Assessment Act 1979. The consent will then operate for
a period of Five (5) years.
Development Application conditions of consent upon compliance with the above matters:
That Development Application No. DA126/2016 for Demolition of existing dwelling, construction of
new dwelling house including detached entertainment area, studio, swimming pool, a deck, an
inclinator, driveway, hardstand car parking, a garage, a mechanised lift, retaining walls and
landscaping at 107 Seaforth Crescent, Seaforth be Approved, subject to the following conditions:ANS01
The approved consent plans must be submitted to a Sydney Water Quick Check agent or
Customer Centre to determine whether the development will affect Sydney Water’s sewer
and water mains, storm water drains and/or easements, and if further requirements need to
be met. Plans will be appropriately stamped. Please refer to the web site
www.sydneywater.com.au <http://www.sydneywater.com.au> for:
 Quick Check agents details - see Building Developing and Plumbing then Quick
Check; and
 Guidelines for Building/over Adjacent to Sydney Water Assets - see Building
Developing and Plumbing then Building and Renovating
The Certifying Authority must ensure that a Quick Check agent/ Sydney Water has
appropriately stamped the plans prior to the issue of any Construction Certificate.
Reason: To ensure compliance with the statutory requirements of Sydney Water.
ANS02
A verification is to be obtained from an engineer registered by Engineers Australia and
holding current NPER number that the capacity of the stormwater system to treat
stormwater is sufficient to comply with Council’s stormwater policy. The verification is also
to provide that the system’s capacity is adequate in relation to Stormwater disposal in
Sydney Harbour, ensuring that untreated stormwater is not discharged into the harbor. This
is to be provided prior to the issue of a Construction Certificate.
Reason: To ensure appropriate provision is made for the treatment and management of
storm water generated by the development, and to ensure the protection and preservation
of waters within Sydney Harbour.
ANS02
The Registered Proprietor shall maintain on a regular basis the stormwater pollution control
pits including the clearing of silt, debris and rubbish; in perpetuity. The Registered
Proprietor must ensure the effective operation of the pollution control pit to prevent
pollution of the foreshore area and Middle Harbour by site stormwater.
Reason: To ensure appropriate provision is made for the treatment and management of
storm water generated by the development as required by Roads and Maritime Services and
for the protection and preservation of the aquatic habitats and biota within Sydney Harbour.
ANS03
Northern Beaches Independent Assessment Panel - South Minutes
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NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
15 SEPTEMBER 2016
The backwash of Swimming Pool water must be discharged to Sydney Waters’ sewer in
accordance with Australian/New Zealand Standard AS/NZS 3500.
Detailed plans and specification must be submitted prior to the issue of the Construction
Certificate. The drawings must show the location of Sydney Water’s sewer, the yard gully or
any new connection to the sewer system including a detailed cross section of the
connection complying with Australian/New Zealand Standard AS/NZS 3500.
Reason: To ensure compliance with legislation and Australian Standards and to protect
public health, amenity and to ensure the protection and preservation of the waters within
Sydney Harbour.
ANS04
A Sediment Control Plan is to be prepared and approved by the Principal Certifying
Authority prior to commencement of ground works.
Reason: To ensure that sediment and building associated waste does not enter the middle
harbour waterway during construction.
ANS05
A detailed Landscape Plan showing the location, number and species of plants to be
planted must be provided to Council’s Sustainability Team for approval prior to the issue of
the Construction Certificate. The Landscape Plan is to include a native foreshore buffer
zone between the development and the harbour. The planting schedule must comprise only
species indigenous to New South Wales.
Reason: Inclusion of additional native species will offset the loss of fauna habitat resulting
from the proposal and will improve the terrestrial biodiversity value of the site in
accordance with the objective of Clause 6.5(3) and (4) of the Manly Development Control
Plan 2013.
ANS06
All recommendations of the submitted Terrestrial Biodiversity Report by SIA Ecological
dated July 2016 (received by Council 26 July 2016) and Arboricultural Impact Assessment
by Bluegum Tree Care and Consultancy dated February 2016 (received by Council 20 May
2016) are to be complied with prior to and for the duration of works. Evidence of compliance
with these recommendations must be provided to the certifying authority prior to issue of
the Construction Certificate.
Reason: To protect the terrestrial biodiversity value of the site in accordance with the
objective of Clause 6.5(3) and (4) of the Manly Development Control Plan 2013 and to
prevent weed encroachment on nearby bushland areas.
ANS07
For assistance to relocate a native animal from the worksite, or to report a dead or injured
native animal, please contact:
 Sydney Wildlife Services (9413 4300); or
 WIRES Rescue Office (1300 094 737).
Reason: To ensure that any native fauna utilising the worksite are safely relocated by an
appropriately trained officer, and that injured fauna receive expert care so that they can be
returned to the wild where possible. It is also important that any dead individuals are
reported so that causes of mortality can be identified.
ANS08
All recommendations of the submitted Geotechnical Report by Crozier Geotechnical
Consultants and dated 18 March 2016 (received by Council 20 May 2016) are to be complied
with prior to and for the duration of works. Evidence of compliance and plans for
compliance with these recommendations must be provided to the certifying authority prior
to issue of the Construction Certificate.
Reason: To reduce risks associated with earthworks, excavation and land slip.
Northern Beaches Independent Assessment Panel - South Minutes
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NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
15 SEPTEMBER 2016
ANS09
The inclinator and all associated structures are to be setback at least 0.5m from the side
boundary.
Reason: To provide an appropriate buffer width between the proposed inclinator and the
inclinator at 109 Seaforth Crescent.
ANS10
DELETED
ANS11
All windows to the entertainment area on the north and south elevation are to be obscured
glass or highlight windows with a minimum height of 1.6m from floor level. Full details
demonstrating compliance with this condition shall be submitted and satisfied by Certifying
Authority prior to the issue of the Construction Certificate.
Reason: To maintain visual privacy for the adjacent properties at 105 and 109 Seaforth
Crescent.
ANS12
DELETED
ANS13
Amended Plans are to be submitted prior to the issue of a Construction Certificate requiring
an effective vehicle barrier in the design of the balustrade to the parking hardstand.
Reason: To ensure the safety of users of the hardstand.
ANS14
Prior to the issues of the Construction Certificate a sample board a colour schedule shall be
submitted to Council for approval to demonstrate that the development will blend into the
existing bush land setting.
Reason: To preserve the natural setting of the development in proximity of the waterway.
DA1
The development, except where modified by the conditions of this consent, is to be carried out
in accordance with the following plans and reference documentation;
Drawings affixed with Council’s ‘Development Consent’ stamp relating to Development Consent
No. DA126/2016:
Plan No. / Title
Issue/
Revision & Date
Job 02 - Proposed site plan
January 2016
Job 03 - Proposed site section AA
January 2016
Job 04 - Proposed site section BB
January 2016
Drg 05 - Main house Proposed Parking floor plan
January 2016
Drg 06 - Main house Proposed garage floor plan
January 2016
Drg 07 - Main house Proposed kitchen/dining floor January 2016
plan
Drg 08 - Proposed living floor Plan
January 2016
Drg 09 - Proposed bed 2 floor Plan
January 2016
Drg 10 - Proposed bed 3 floor Plan
January 2016
Drg 11 - Pool house/studio Proposed plan
January 2016
Drg 12 - Pool house/studio Proposed studio floor January 2016
plan
Drg 13 - Pool house/studio sauna floor plan
January 2016
Northern Beaches Independent Assessment Panel - South Minutes
Date Received
by Council
20 May 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
Page 7
NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
Drg 18 - Main House Proposed Section AA
Drg 14 - Main House West Elevation
Drg 15 - Main House South Elevation
Drg 16 - Proposed East Elevation
Drg 17 - Main House Proposed North Elevation
Drg 19 - Pool/house Studio Proposed South
Elevation
Drg 20 - Pool House Studio Proposed West
Elevation
Drg 21 - Pool house studio Proposed East
Elevation
Drg 22- Pool house Studio Proposed North
elevation
Drg 23- Pool house/studio Proposed Split Section
AA
15 SEPTEMBER 2016
January 2016
January 2016
January 2016
January 2016
January 2016
January 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
20 May 2016
January 2016
20 May 2016
January 2016
20 May 2016
January 2016
20 May 2016
January 2016
20 May 2016
Reference Documentation affixed with Council’s stamp relating to Development Consent No.
DA126/2016:
• Statement of Environmental Effects prepared by Colebrook Architects dated January
2016.
• BASIX Certificate No. 717657M dated 28 March 2016 and received by Council on 4 April
2016.
In the event of any inconsistency between the approved plans and supplementary documentation,
the plans will prevail.
Reason: To ensure that the form of the development undertaken is in accordance with the
determination of Council
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION
CERTIFICATE
1 (2AP01)
Four (4) copies of architectural drawings consistent with the development consent and associated
conditions are to be submitted to the Council/Accredited Certifier prior to the issue of the
Construction Certificate.
Reason: To comply with the Environmental Planning and Assessment Act 1979.
2 (2AP03)
Consent given to build in close proximity to the allotment boundary is in no way to be construed as
permission to build on or encroach over the allotment boundary. Your attention is directed to the
provisions of the Dividing Fences Act 1991 which gives certain rights to adjoining owners, including
use of the common boundary. In the absence of the structure standing well clear of the common
boundary, it is recommended you make yourself aware of your legal position which may involve a
survey to identify the allotment boundary.
Reason: To advise developers of their responsibilities and to protect the interests of adjoining
owners.
3 (2CD01)
Pursuant to Section 97 of the Local Government Act, 1993, Council requires prior to the issue of
Construction Certificate, or commencement of any excavation and demolition works, payment of a
Trust Fund Deposit as per the current rates in Council's Fees and Charges. The Deposit is
required as security against damage to Council property during works on the site. The applicant
must bear the cost of all restoration works to Council’s property damaged during the course of this
development. All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
Northern Beaches Independent Assessment Panel - South Minutes
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NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
Note:
15 SEPTEMBER 2016
Should Council property adjoining the site be defective e.g. cracked footpath, broken kerb
etc., this should be reported in writing, or by photographic record, submitted to Council at
least seven (7) days prior to the commencement of any work on site. This documentation
will be used to resolve any dispute over damage to infrastructure. It is in the applicants
interest for it to be as full and detailed as possible.
Where by Council is not the Principal Certifying Authority, refund of the trust fund deposit
will also be dependent upon receipt of a final Occupation Certificate by the Principal
Certifying Authority and infrastructure inspection by Council.
Reason: To ensure security against possible damage to Council property.
4 (2CD05)
Detailed engineering drawings of all work must be submitted for approval by the
Council/Accredited Certifier prior to the release of the Construction Certificate.
Reason: To ensure the provision of public infrastructure of an appropriate quality arising from the
development works to service the development.
5 (2DS01)
A detailed stormwater management plan is to be prepared to fully comply with Council's
Specification for On-site Stormwater Management 2003 and Specification for Stormwater Drainage
2003 and must be submitted to Council prior to issue of the Construction Certificate. The
stormwater management plan and designs are to be prepared by a suitably qualified engineer with
experience in hydrology and hydraulics.
Reason: To ensure appropriate provision is made for the disposal and management of stormwater
generated by the development, and to ensure that infrastructure reverting to Council’s care and
control is of an acceptable standard.
6 (2DS02)
A Stormwater Management Plan (SWMP) in line with Council’s stormwater management
guidelines and signed off by a practising Chartered Professional Engineer on the National
Professional Engineer’s Register (NPER) at Engineers Australia is to be submitted to the
Council/Accredited Certifier, prior to issue of the Construction Certificate. The SWMP is to include
but is not limited to the following:
 Increase in the impervious area (m²)
 Impervious percentage (%) post development
 Demonstration of no-adverse flooding issues to the downstream and upstream properties
 Peak flow rate to street drainage system in a 1:100 Average Recurrence Interval (ARI)
flood event
 Connection details and location of the outlet drainage pipe, if applicable.
 If it is an absorption trench zone (Zone 2 as per Storm Water Management guidelines),
then the detail calculations along with the soil report to be submitted for review by
demonstrating no-adverse drainage issues due to this development.
 Details of the Chartered Engineer including full name, signature and registration number is
required.
Reason: To ensure appropriate provision is made for the disposal and management of stormwater
generated by the development, and to ensure public infrastructure in Council’s care and control is
not overloaded.
7 (2MS01)
Where construction or excavation activity requires the disturbance of the soil surface and existing
vegetation, details including drawings and specifications must be submitted to Council
accompanying the Construction Certificate, which provide adequate measures for erosion and
sediment control. As a minimum, control techniques are to be in accordance with Manly Council
Guidelines on Erosion and Sediment Control, or a suitable and effective alternative method. The
Sediment Control Plan must incorporate and disclose:
Northern Beaches Independent Assessment Panel - South Minutes
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NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
1)
2)
3)
4)
5)
15 SEPTEMBER 2016
all details of drainage to protect and drain the site during the construction processes,
all sediment control devices, barriers and the like,
sedimentation tanks, ponds or the like,
covering materials and methods, and
a schedule and programme of the sequence of the sediment and erosion control works or
devices to be installed and maintained.
Details from an appropriately qualified person showing these design requirements have been met
must be submitted with the Construction Certificate and approved by the Council/Accredited
Certifier prior to issuing of the Construction Certificate.
Reason: To protect the environment from the effects of sedimentation and erosion from
development sites.
8 (2PT01)
The driveway/access ramp grades, access and car parking facilities must comply with the
Australian/New Zealand Standard AS/NZS 2890.1:2004 - Parking facilities - Off-street car parking.
Reason: To ensure compliance with Australian Standards relating to manoeuvring, access and
parking of vehicles.
9 (2PT02)
All driveways, car parking areas and pedestrian paths are to be suitably surfaced. Details of the
treatment to these areas are to be submitted to the Council/Accredited Certifier prior to issue of the
Construction Certificate.
Reason: To provide suitable stormwater disposal and to prevent soil erosion and runoff.
10 (2PT03)
The dimensions of car parking bays and aisle widths in the car park are to comply with
Australian/New Zealand Standard for Off-Street Parking AS/NZS 2890.1-2004.
Reason: To ensure compliance with this consent and Australian Standards relating to
manoeuvring, access and parking of vehicles.
11 (2SP01)
All of the following are to be satisfied in relation to the proposed swimming pool:
1)
The swimming pool is to be surrounded by a child-resistant barrier in accordance with the
Swimming Pools Amendment Act 2009 and Regulations 2008 which:
 separates the swimming pool from any residential building situated on the property and
from any place adjoining the property, and
 is designed, constructed, installed and maintained in accordance with the standards
prescribed by the Regulations and appropriate Australian Standards.
2)
All surface waters from non-pervious areas surrounding the swimming pool must be collected
and disposed of to the stormwater system.
3)
Windows giving access to the pool areas must be made child safe and comply with the
following:
 Window opening is to be restricted by an approved means so that a round bar 105mm in
diameter cannot be passed through the opening or the window is to be protected by a
child safe grille.
However if the restricted opening of such windows means that they will no longer meet the natural
ventilation requirements of the Building Code of Australia, then only a child safe grille is
permissible.
Northern Beaches Independent Assessment Panel - South Minutes
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NORTHERN BEACHES INDEPENDENT ASSESSMENT PANEL - SOUTH
15 SEPTEMBER 2016
4)
The proposed pool gates are to be mounted so that:
 they are clear of any obstruction that could hold the gate open, and
 when lifted upward or pulled downward, movement of the gate does not release the
latching device, unhinge the gate or provide a ground clearance greater than 100mm; and
 they open outwards from the pool.
Reason: To comply with Australian Standard AS 1926 and provide a reasonable level of child
safety
12 (2SP02)
A railing or other safety measures or devices are to be erected around the sides of the pool
surround structure where height above natural ground level exceeds 900mm. All details of the
necessary device are to be submitted to and approved by the Council/Accredited Certifier prior to
issue of the Construction Certificate.
Reason: To ensure the safety of persons using those walkways.
13 (2SP03)
The backwash of Swimming Pool water must be discharged to Sydney Waters’ sewer in
accordance with Australian/New Zealand Standard AS/NZS 3500.
Detailed plans and specification must be submitted prior to the issue of the Construction
Certificate. The drawings must show the location of Sydney Water’s sewer, the yard gully or any
new connection to the sewer system including a detailed cross section of the connection complying
with Australian/New Zealand Standard AS/NZS 3500.
Reason: To ensure compliance with legislation and Australian Standards and to protect public
health and amenity.
14 (2SP04)
Any mechanical plant associated with the swimming pool and spa shall be centrally located within
the site, away from the boundaries and acoustically treated so the noise from the machinery is not
audible at the property boundary. Details are to be submitted to the Council/Accredited Certifier
prior to the issue of the Construction Certificate.
Reason: To ensure the acoustic amenity of the neighbouring residents.
15 (2SP05)
Spa pools or the like are to be provided with approved-type safety outlet covers in accordance with
Australian Standard AS 2610 (Spa Pools), and details of the outlet areas are to be submitted to the
Council/Accredited Certifier prior to issue of the Construction Certificate.
Reason: To comply with Australian Standards and provide a reasonably level of child safety.
16 (2TC01)
Details of the method of termite protection which will provide whole of building protection, inclusive
of structural and non-structural elements must be submitted to the Council / Accredited Certifier
prior to issue of the Construction Certificate. Attention is drawn to the provisions of Australian
Standard AS 3660.1 - 2000 Termite management – New building work, and to the Manly Code for
the Protection of Buildings Against Termite Attack 1996.
Reason: To protect the building from possible termite damage.
17 (2TS07)
A site Construction Management Plan (CMP) is to be prepared and is to include a section for
Environmental Management. This section, as a minimum, is to outline all measures for the
protection of native fauna during the construction phase (including, but not necessarily limited to,
those requirements of the conditions of this consent and those measures identified in the
ecological report submitted as part of the Development Application). The CMP is to be provided to
the certifying authority prior to the issue of the Construction certificate.
Reason: To ensure that all conditions of consent relating to the protection of native fauna are
documented and complied with for the duration of works.
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18 (2WM02)
A Waste Management Plan is to be submitted with the application prior to a Construction
Certificate being issued in accordance with the Manly Development Control Plan 2013.
The plan should detail the type and estimate the amount of demolition and construction waste and
nominate how these materials will be sorted and dealt with. Weight dockets and receipts must be
kept as evidence of approved methods of disposal and recycling. All demolition and excess
construction materials are to be recycled where ever practicable. It should include consideration of
the facilities required for the ongoing operation of the premises’ recycling and waste management
services after occupation. A template is available from the Manly Council website.
Reason: To plan for waste minimisation, recycling of building waste and on-going waste
management.
CONDITIONS TO BE SATISFIED PRIOR TO ANY COMMENCEMENT
19 (3BM01)
The floor surfaces of bathrooms, shower rooms, laundries and WC compartments are to be of an
approved impervious material properly graded and drained and waterproofed in accordance with
Australian Standard AS 3740. Certification is to be provided to the Principal Certifying Authority
from a licensed applicator prior to the fixing of any wall or floor tiles.
Reason: To prevent the penetration of dampness through walls and floors.
20 (3CD01)
Building work, demolition or excavation must not be carried out until a Construction Certificate has
been issued.
Reason: To ensure compliance with statutory provisions.
21 (3CD02)
Demolition must be carried out by a registered demolition contractor. Documentary evidence of
registration must be submitted to Council prior to the commencement of demolition work.
Reason: To ensure demolition is carried out in an appropriate manner that is non-disruptive to the
locality and the public.
22 (3CD03)
An adequate security fence is to be erected around the perimeter of the site prior to
commencement of any excavation or construction works, and this fence is to be maintained in a
state of good repair and condition until completion of the building project.
Reason: To protect the public interest and safety.
23 (3LD01)
All healthy trees and shrubs identified for retention on the submitted landscape drawing are to be
suitably marked for protection before any construction works start.
Reason: To ensure the trees conditioned to stay on the site are suitably protected during any
construction works.
24 (3LD03)
Where trees greater than 5 metres in height which are not within the proposed footprint (i.e. not
directly affected by the development) and are proposed for removal, a tree permit is required
subject to the Tree Preservation Order 2001 criteria.
Reason: Retain the number of existing trees on site which are protected by the Tree Preservation
Order and not directly in the way of development.
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25 (3PT01)
In accordance with the Roads Act 1993, written consent from Council must be obtained and must
be in hand prior to any track equipped plant being taken in or onto any roadway, kerb & gutter,
footway, nature strip, or other property under Council's control.
Reason: To ensure appropriate protection of public infrastructure and facilitate access for public
and vehicular traffic.
26 (3PT02)
Applications for a construction zone on a local road require 28 days notice to Council indicating
location and length. All construction zones require the approval of the Manly Traffic Committee.
Reason: To ensure Council and the Traffic Committee have sufficient time and information to
assess the traffic and access implications of a proposed construction zone and to develop
appropriate responses to those implications.
CONDITIONS TO BE COMPLIED WITH DURING DEMOLITION AND BUILDING WORK
27 (4AP02)
A copy of all stamped approved drawings, specifications and documents (including the
Construction Certificate if required for the work incorporating certification of conditions of approval)
must be kept on site at all times so as to be readily available for perusal by any officer of Council or
the Principal Certifying Authority.
Reason: To ensure the form of the development undertaken is in accordance with the
determination of Council, public information and to ensure ongoing compliance.
28 (4CD01)
All of the following are to be satisfied/complied with during demolition, construction and any other
site works:
1) All demolition is to be carried out in accordance with Australian Standard AS 2601-2001.
2) Demolition must be carried out by a registered demolition contractor.
3) A single entrance is permitted to service the site for demolition and construction. The
footway and nature strip at the service entrance must be planked out.
4) No blasting is to be carried out at any time during construction of the building.
5) Care must be taken during demolition/ excavation/ building/ construction to prevent any
damage to adjoining buildings.
6) Adjoining owner property rights and the need for owner’s permission must be observed at
all times, including the entering onto land for the purpose of undertaking works.
7) Any demolition and excess construction materials are to be recycled wherever practicable.
8) The disposal of construction and demolition waste must be in accordance with the
requirements of the Protection of the Environment Operations Act 1997.
9) All waste on the site is to be stored, handled and disposed of in such a manner as to not
create air pollution (including odour), offensive noise or pollution of land and/or water as
defined by the Protection of the Environment Operations Act 1997. All excavated material
should be removed from the site in an approved manner and be disposed of lawfully to a
tip or other authorised disposal area.
10) All waste must be contained entirely within the site.
11) Section 143 of the Protection of the Environment Operations Act 1997 requires waste to
be transported to a place which can lawfully accept it. All non-recyclable demolition
materials are to be disposed of at an approved waste disposal depot in accordance with
legislation.
12) All materials on site or being delivered to the site are to generally be contained within the
site. The requirements of the Protection of the Environment Operations Act 1997 must be
complied with when placing/stockpiling loose material, disposing of concrete waste, or
other activities likely to pollute drains or water courses.
13) Details as to the method and location of disposal of demolition materials (weight dockets,
receipts, etc.) should be kept on site as evidence of approved methods of disposal or
recycling.
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14) Any materials stored on site must be stored out of view or in such a manner so as not to
cause unsightliness when viewed from nearby lands or roadways.
15) Public footways and roadways adjacent to the site must be maintained and cleared of
obstructions during construction. No building materials, waste containers or skips may be
stored on the road reserve or footpath without prior separate approval from Council,
including payment of relevant fees.
16) Building operations such as brick-cutting, washing tools or paint brushes, and mixing
mortar not be performed on the roadway or public footway or any other locations which
could lead to the discharge of materials into the stormwater drainage system.
17) All site waters during excavation and construction must be contained on site in an
approved manner to avoid pollutants entering into waterways or Council's stormwater
drainage system.
18) Any work must not prohibit or divert any natural overland flow of water.
Reason: To ensure that demolition, building and any other site works are undertaken in
accordance with relevant legislation and policy and in a manner which will be non-disruptive to the
local area.
29 (4CD02)
In order to maintain the amenity of adjoining properties, audible site works must be restricted to
between 7.00am and 6.00pm, Monday to Friday and 7.00am to 1.00pm Saturday (including works
undertaken by external contractors). No site works can be undertaken on Sundays or public
holidays.
Unless otherwise approved within a Construction Traffic Management Plan, construction vehicles,
machinery, goods or materials must not be delivered to the site outside the approved hours of site
works.
Reason: To prevent disturbance to the surrounding community.
30 (4CD03)
Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the
erection or demolition of a building is being carried out, at the rate of one toilet for every 20 person
or part of 20 persons employed at the site, by effecting either a permanent or temporary
connection to the Sydney Water's sewerage system or by approved closets.
Reason: To maintain sanitary conditions on building sites.
31 (4CD06)
All construction works must be strictly in accordance with the Reduced Levels (RLs) as shown on
the approved drawings. A copy of approved drawings should be kept at site. Certification from a
registered surveyor is to be submitted to the Principal Certifying Authority during construction to
confirm floor and finished ridge levels.
Reason: To ensure compliance with the consent.
32 (4LD02)
All healthy trees and shrubs identified for retention on the drawing are to be:
(a) suitably protected from damage during the construction process, and
(b) retained unless their removal has been approved by Council.
Reason: This is to ensure that the trees on the site which do not have approval to be removed on
the site are suitably protected during any construction works.
Internal Note: This condition is to be imposed with 3LD01.
33 (4LD03)
The felling, lopping, topping, ringbarking, wilful destruction or removal of any tree/s unless in
conformity with this approval or subsequent approval is prohibited.
Reason: To prohibit the unnecessary damage or removal of trees without permission from Council
during any construction.
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34 (4LD04)
The following precautions must be taken when working near trees to be retained:
 harmful or bulk materials or spoil must not be stored under or near trees,
 prevent damage to bark and root system,
 mechanical methods must not be used to excavate within root zones,
 topsoil from under the drip line must not be added and or removed,
 ground under the drip line must not be compacted, and
 trees must be watered in dry conditions.
Reason: This is to ensure no damage is caused to trees from various methods of possible
damage.
35 (4LD05)
Trees and shrubs liable to damage (including, but not limited to street trees) are to be protected
with suitable temporary enclosures for the duration of the works. These enclosures are to only be
removed when directed by the Principal Certifying Authority.
The enclosures are to be constructed out of F62 reinforcing mesh 1800mm high wired to 2400mm
long star pickets, driven 600mm into the ground and spaced 1800mm apart at a minimum distance
of 1000mm from the tree trunk.
Reason: To ensure protection of the trees on the site which could be damaged during any
development works and to outline the type of protection.
36 (4LD07)
Where development/construction necessitates the pruning of more than 10% of existing tree
canopy, a permit application must be lodged with the Council’s Civic Services Division, subject to
the Tree Preservation Order 2001.
Reason: To ensure those trees are maintained appropriately and compliance with Australian
Standard AS 4373:2007 – Pruning of Amenity Trees.
37 (4LD08)
Retain and protect trees and planting on council's Road Reserve during construction.
Reason: To maintain the number of street trees and preserve the amenity of the local area.
38 (4MS04)
An approved Erosion and Sediment Management plan is to be implemented from the
commencement of works and maintained until completion of the development.
The design and controls addressed in the Sediment and erosion management plan must comply
with the criteria identified in:
 Manly Development Control Plan 2013, Amendment 2, and
 Manly Councils Guidelines for Sediment and Erosion Controls on building sites, 2005, and
 The document “Managing Urban Stormwater: Soils and Construction” Volume 1, 2004.
Reason: To protect the environment from the effects of sedimentation and erosion from
development sites.
39 (4PT01)
All requirements of the Local or Regional Traffic Advisory Committees are to be complied with.
Reason: To ensure appropriate measures have been considered for site access, storage and the
operation of the site during all phases of the construction process in a manner which respects
adjoining owner’s property rights and residential amenity in the locality, without unreasonable
inconvenience to the community.
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40 (4TS01)
Construction hours are to be adhered to, with no construction vehicles or heavy machinery used
outside the hours of 7:30am and 4:30pm.
Reason: Noise and vibration may disturb local native fauna (including species and populations
listed as threatened under State or Federal legislation) and discourage their use of adjoining areas.
41 (4TS05)
Construction is to be undertaken in accordance with the Construction Management Plan (CMP). All
workers are to be made aware of the content of the CMP.
Reason: To ensure that all conditions of consent relating to the protection of native fauna are
documented and complied with for the duration of works.
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE
42 (5DS01)
Stormwater drainage from the proposed addition/extension must be disposed of to the existing
drainage system. All work is to be carried out in accordance with Council standards and
specifications for stormwater drainage. Work is to be completed prior to the issue of the
Occupation Certificate.
Reason: To ensure appropriate provision is made for the disposal and management of stormwater
generated by the development, and to ensure infrastructure reverting to Council’s care and control
is of an acceptable standard.
43 (5FR01)
An automatic fire detection and alarm system must be installed in the proposed dwelling in
accordance with the requirements of the Building Code of Australia.
Reason: To comply with the Environmental Planning and Assessment Act 1979.
44 (5SP01)
All protective fencing and gates are to be in accordance with Australian Standard AS 1926 prior to
the pool being filled with water. The fence is to be a minimum of 1200mm in height and posts
and/or supports are to be firmly fixed or encased in such a way that the posts/support are unable to
be removed easily. The fence is not to be removed or altered at any time without the prior approval
of Council. No water can be in the swimming pool until the required protective fencing has been
inspected and approved by Council.
Reason: To comply with Australian Standard AS1926 and provide a reasonable level of child
safety.
45 (5TC01)
Prior to issue of the Occupation Certificate, a durable termite protection notice must be
permanently fixed to the building in a prominent location detailing the form of termite protection
which has been used in accordance with the Manly Code for the protection of Buildings against
Termite Attack.
Reason: To inform owners and future owners of the type of termite protection installed and of the
need for regular inspections.
ONGOING CONDITIONS RELATING TO THE OPERATION OF THE PREMISES OR
DEVELOPMENT
46 (6FC01)
The erection of dividing fences under this consent does not affect the provisions of the Dividing
Fences Act 1991. Council does not adjudicate civil disputes relating to the provision of, or payment
for, the erection of dividing fences.
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Note:
Further information can be obtained from the NSW Department of Lands. Community
Justice Centres provide a free mediation service to the community to help people resolve
a wide range of disputes, including dividing fences matters. Their service is free,
confidential, voluntary, timely and easy to use. Mediation sessions are conducted by two
impartial, trained mediators who help people work together to reach an agreement. More
than 85% of mediations result in an agreement being reached. Mediation sessions can be
arranged at convenient times during the day, evening or weekends.
Contact the Community Justice Centre either by phone on 1 800 990 777 or at
http://www.cjc.nsw.gov.au/.
Reason: To ensure the applicant is aware the Dividing Fences Act 1991 may be used to resolve
disputes about dividing fences.
47 (6LP01)
No existing street trees can be removed without Council approval. Where such approval is granted,
the trees must be replaced at full cost by the applicant with an advanced tree of a species
nominated by Council's relevant officer.
Reason: To encourage the retention of street trees.
48 (6LP02)
No tree other than on land identified for the construction of buildings and works as shown on the
building drawing can be felled, lopped, topped, ringbarked or otherwise wilfully destroyed or
removed without the approval of Council.
Reason: To prevent the destruction of trees on other properties adjoining the development site.
49 (6LP03)
Landscaping is to be maintained in accordance with the approved Landscaping Drawing.
Reason: This is to ensure that landscaping is maintained appropriately.
50 (6LP04)
Leighton Green Cypress Cupressocyparis leylandii or any of its cultivars, must not be planted on
the site for the life of the development. In the event of any inconsistency between this condition
and the development application documents, this condition will prevail to the extent of the
inconsistency.
Reason: To reduce the potential for adverse amenity effects such as overshadowing, loss of views,
and loss of plant diversity.
51 (6MS02)
No person shall use or occupy the building or alteration which is the subject of this approval
without the prior issue of an Occupation Certificate.
Reason: Statutory requirement, Environmental Planning and Assessment Act 1979.
52 (6AP02)
The premises are to be used or occupied solely as a dwelling house and not at any time as
multiple dwellings, without the prior consent of Council.
Reason: To ensure the premises is occupied in compliance with the consent.
53 (6NL12)
Swimming pool and spa pumps must be installed and operated at times so as not to cause
‘offensive noise’ as defined by the Protection of the Environments Operation Act 1997. Swimming
pool and spa pumps must not be audible in nearby dwelling between 8:00PM to 7:00AM Monday
to Friday, and 8:00PM to 8:00AM on Saturdays, Sundays and public holidays.
Reason: To ensure compliance with legislation and to protect the acoustic amenity of neighbouring
properties.
For the Decision:
Stein, Lynch, McDonald and Metherell
Against the Decision:
Nil
*******
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NBIAP - South Report No. 23
82 Cutler Road, Clontarf - DA0100/2016 (MC/16/114297)
Application Lodged:
28 April 2016
Applicant:
Vaughan Milligan Development Consulting Pty Ltd
Owner:
Mr S Granger and Ms K Polis
Estimated Cost:
$152,400
Zoning:
Manly Local Environmental Plan, 2013 – R2 Low Density
Residential
Surrounding Development:
A mix of one-, two- and three-storey detached dwellings
Heritage:
Not applicable
NSW:
Not applicable
Officer:
CD
SUMMARY:
1.
2.
3.
4.
5.
6.
7.
DEVELOPMENT CONSENT IS SOUGHT FOR ALTERATIONS AND ADDITIONS TO AN
EXISTING DWELLING INCLUDING EXTENSIONS AT FRONT, NEW DECKS, SWIMMING
POOL AND TURNTABLE.
THE APPLICATION WAS NOTIFIED TO ALL ADJOINING AND NEARBY PROPERTY
OWNERS AND THREE SUBMISSIONS WERE RECEIVED.
THE APPLICATION WAS NOT REFERRED TO THE BALGOWLAH HEIGHTS PRECINCT
COMMUNITY FORUM FOR COMMENTS AS IT IS NOT OPERATIONAL.
THE APPLICATION DOES NOT INCLUDE A VARIATION TO ANY DEVELOPMENT
STANDARD.
THE APPLICATION WAS PRESENTED TO THE DEVELOPMENT ASSESSMENT UNIT
MEETING ON 31 AUGUST 2016, WHERE IT WAS RECOMMENDED FOR APPROVAL.
A SITE INSPECTION WAS CARRIED OUT ON 27 JUNE 2016.
THE APPLICATION IS RECOMMENDED FOR APPROVAL.
The following people addressed the meeting in relation to this item:
Against the Recommendation:
Nil
For the Recommendation:
Vaughan Milligan
23/16 Decision of the Panel:
That Development Application No. DA100/2016 for alterations and additions to an existing dwelling
including extensions at front, new decks, swimming pool and turntable at 82 Cutler Road, Clontarf
be Approved subject to the following conditions as amended by the panel:ANS01
Prior to issue of any Construction Certificate, amended plans are to be submitted to
Council/Accredited Certifier detailing the following amendment(s):
i) Deletion of the vehicle turntable and associated driveway works; and
ii) The first floor level deck and the corresponding roof shall be reduced in size to be
3m deep and restricted in width to the width of bedrooms 1 and 2.
iii) The eastern end of the amended deck is to be fitted with a privacy screen to a
minimum 1.6m from finished floor level.
Reason: The ensure compliance with the Manly Development Control Plan 2013
(Amendment 7) in relation to parking and vehicular access, landscaped area and open
space, safety (for both pedestrians and vehicles), car parking, streetscape and privacy.
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ANS02
Prior to the issue of any Construction Certificate, the Landscape Plan is to be amended to
delete Rhaphiolepis 'Oriental Pearl' Indian Hawthorn.
Reason: To ensure the subject site is adequately landscaped with species suitable to the
site.
ANS03
The existing Consent for Use of a Portion of Road Reserve approval in relation to the
existing part garage structure is to be maintained.
Reason: To ensure the correct authorisation for the use of Council’s Road Reserve his
maintained.
DA1
The development, except where modified by the conditions of this consent, is to be carried out
in accordance with the following plans and reference documentation;
Drawings affixed with Council’s ‘Development Consent’ stamp relating to Development Consent
No. DA100/2016:
Plan No. / Title
DA01 Site Plan
DA03 Ground Floor Plan
DA04 First Floor Plan
DA05 Roof Plan
DA06 North & South Elevations
DA07 West Elevation
DA08 East Elevation
DA09 Section A
DA10 Section B
DA11 Sections C & D
Landscape Plan
Issue/
Revision & Date
Revision A 26 September 2015
Revision A 26 September 2015
Revision A 26 September 2015
Revision A 26 September 2015
Revision A 26 September 2015
Revision A 26 September 2015
Revision A 26 September 2015
Revision A 26 September 2015
Revision A 26 September 2015
Revision A 26 September 2015
Revision A 3 August 2016
Date Received
by Council
28 April 2016
28 April 2016
28 April 2016
28 April 2016
28 April 2016
28 April 2016
28 April 2016
28 April 2016
28 April 2016
28 April 2016
9 August 2016
In the event of any inconsistency between the approved plans and supplementary documentation,
the plans will prevail.
Reason: To ensure that the form of the development undertaken is in accordance with the
determination of Council
Reference Documentation affixed with Council’s stamp relating to Development Consent No.
DA100/2016:
 Statement of Environmental Effects prepared by Vaughan Milligan Development
Consulting Pty Ltd dated April 2016 and received by Council on 28 April 2016
 BASIX Certificate No. A243411 dated 10 March 2016 and received by Council 28 April
2016
GENERAL CONDITIONS RELATING TO APPROVAL
1 (1AP04)
Alteration and demolition of the existing building is limited to that documented on the approved
plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any
portion of the existing building which is not shown to be altered or demolished.
Reason: To ensure compliance with the approved development.
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CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION
CERTIFICATE
2 (2AP01)
Four (4) copies of architectural drawings consistent with the development consent and associated
conditions are to be submitted to the Council/Accredited Certifier prior to the issue of the
Construction Certificate.
Reason: To comply with the Environmental Planning and Assessment Act 1979.
3 (2CD01)
Pursuant to Section 97 of the Local Government Act, 1993, Council requires prior to the issue of
Construction Certificate, or commencement of any excavation and demolition works, payment of a
Trust Fund Deposit as per the current rates in Council's Fees and Charges. The Deposit is
required as security against damage to Council property during works on the site. The applicant
must bear the cost of all restoration works to Council’s property damaged during the course of this
development. All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
Note:
Should Council property adjoining the site be defective e.g. cracked footpath, broken kerb
etc., this should be reported in writing, or by photographic record, submitted to Council at
least seven (7) days prior to the commencement of any work on site. This documentation
will be used to resolve any dispute over damage to infrastructure. It is in the applicants
interest for it to be as full and detailed as possible.
Where by Council is not the Principal Certifying Authority, refund of the trust fund deposit
will also be dependent upon receipt of a final Occupation Certificate by the Principal
Certifying Authority and infrastructure inspection by Council.
Reason: To ensure security against possible damage to Council property.
4 (2CD05)
Detailed engineering drawings of all work must be submitted for approval by the
Council/Accredited Certifier prior to the release of the Construction Certificate.
Reason: To ensure the provision of public infrastructure of an appropriate quality arising from the
development works to service the development.
5 (2CD07)
A Certificate of Adequacy signed by a practising structural engineer stating the existing structure is
capable of supporting the proposed additions, is to be submitted to the Council/Accredited Certifier
prior to the issue of the Construction Certificate.
Reason: The existing building must be able to support proposed additional loading.
6 (2DS01)
A detailed stormwater management plan is to be prepared to fully comply with Council's
Specification for On-site Stormwater Management 2003 and Specification for Stormwater Drainage
2003 and must be submitted to Council prior to issue of the Construction Certificate. The
stormwater management plan and designs are to be prepared by a suitably qualified engineer with
experience in hydrology and hydraulics.
Reason: To ensure appropriate provision is made for the disposal and management of stormwater
generated by the development, and to ensure that infrastructure reverting to Council’s care and
control is of an acceptable standard.
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7 (2DS07)
Detailed plans and specifications of the design of the rainwater tanks must be provided prior to the
issue of the Construction Certificate complying with the requirements: Australian/New Zealand Standard AS/NZS 3500:2003,
 NSW Code of Practice Plumbing and Drainage, 2006 produced by Committee on
Uniformity of Plumbing and Drainage Regulations in NSW (CUPDR).
 Council’s rainwater tank policy.
Reason: To protect public health and amenity.
9 (2FP03)
No portion of the proposed building or works, as approved within the subject site, are to encroach
upon any road reserve or other public land except as may be permitted by the Local Government
Act 1993. This includes the opening and closing of gates and doors which must open and close
within the subject site.
Reason: To ensure structures are contained within the site.
10 (2MS01)
Where construction or excavation activity requires the disturbance of the soil surface and existing
vegetation, details including drawings and specifications must be submitted to Council
accompanying the Construction Certificate, which provide adequate measures for erosion and
sediment control. As a minimum, control techniques are to be in accordance with Manly Council
Guidelines on Erosion and Sediment Control, or a suitable and effective alternative method. The
Sediment Control Plan must incorporate and disclose:
1) all details of drainage to protect and drain the site during the construction processes,
2) all sediment control devices, barriers and the like,
3) sedimentation tanks, ponds or the like,
4) covering materials and methods, and
5) a schedule and programme of the sequence of the sediment and erosion control works or
devices to be installed and maintained.
Details from an appropriately qualified person showing these design requirements have been met
must be submitted with the Construction Certificate and approved by the Council/Accredited
Certifier prior to issuing of the Construction Certificate.
Reason: To protect the environment from the effects of sedimentation and erosion from
development sites.
11 (2NL04)
Prior to the issue of the Construction Certificate, a Noise and Vibration Management Plan is to be
prepared by a suitably qualified person addressing the likely noise and vibration from demolition,
excavation and construction of the proposed development and provided to Council or the Principal
Certifying Authority.
The Plan is to identify amelioration measures to ensure the noise and vibration levels will be
compliance with the relevant legislation and Australian Standards. The report that itemises
equipment to be used for excavation works. The Plan shall address, but not limited to, the following
matters:
 Identification of activities carried out and associated noise sources
 Identification of potentially affected sensitive receivers, including residences, churches,
commercial premises, schools and properties containing noise sensitive equipment
 Determination of appropriate noise and vibration objectives for each identified sensitive
receiver
 Noise and vibration monitoring, reporting and response procedures
 Assessment of potential noise and vibration from the proposed demolition, excavation and
construction activities, including noise from construction vehicles
 Description of specific mitigation treatments, management methods and procedures to be
implemented to control noise and vibration during construction
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 Construction timetabling to minimise noise impacts including time and duration
restrictions, respite periods and frequency
 Procedures for notifying residents of construction activities likely to affect their amenity
through noise and vibration
 Contingency plans to be implemented in the event of non-compliances and/or noise
complaints. A register should be kept of complaints received, and the action taken to
remediate the issue.
Reason: To protect acoustic amenity of surrounding properties and the public.
13 (2PT02)
All driveways, car parking areas and pedestrian paths are to be suitably surfaced. Details of the
treatment to these areas are to be submitted to the Council/Accredited Certifier prior to issue of the
Construction Certificate.
Reason: To provide suitable stormwater disposal and to prevent soil erosion and runoff.
15 (2SP01)
All of the following are to be satisfied in relation to the proposed swimming pool:
1)
The swimming pool is to be surrounded by a child-resistant barrier in accordance with the
Swimming Pools Amendment Act 2009 and Regulations 2008 which:
 separates the swimming pool from any residential building situated on the property and
from any place adjoining the property, and
 is designed, constructed, installed and maintained in accordance with the standards
prescribed by the Regulations and appropriate Australian Standards.
2)
All surface waters from non-pervious areas surrounding the swimming pool must be collected
and disposed of to the stormwater system.
3)
Windows giving access to the pool areas must be made child safe and comply with the
following:
 Window opening is to be restricted by an approved means so that a round bar 105mm in
diameter cannot be passed through the opening or the window is to be protected by a
child safe grille.
However if the restricted opening of such windows means that they will no longer meet the natural
ventilation requirements of the Building Code of Australia, then only a child safe grille is
permissible.
4)
The proposed pool gates are to be mounted so that:
 they are clear of any obstruction that could hold the gate open, and
 when lifted upward or pulled downward, movement of the gate does not release the
latching device, unhinge the gate or provide a ground clearance greater than 100mm; and
 they open outwards from the pool.
Reason: To comply with Australian Standard AS 1926 and provide a reasonable level of child
safety
16 (2SP02)
A railing or other safety measures or devices are to be erected around the sides of the pool
surround structure where height above natural ground level exceeds 900mm. All details of the
necessary device are to be submitted to and approved by the Council/Accredited Certifier prior to
issue of the Construction Certificate.
Reason: To ensure the safety of persons using those walkways.
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17 (2SP03)
The backwash of Swimming Pool water must be discharged to Sydney Waters’ sewer in
accordance with Australian/New Zealand Standard AS/NZS 3500.
Detailed plans and specification must be submitted prior to the issue of the Construction
Certificate. The drawings must show the location of Sydney Water’s sewer, the yard gully or any
new connection to the sewer system including a detailed cross section of the connection complying
with Australian/New Zealand Standard AS/NZS 3500.
Reason: To ensure compliance with legislation and Australian Standards and to protect public
health and amenity.
18 (2SP04)
Any mechanical plant associated with the swimming pool and spa shall be centrally located within
the site, away from the boundaries and acoustically treated so the noise from the machinery is not
audible at the property boundary. Details are to be submitted to the Council/Accredited Certifier
prior to the issue of the Construction Certificate.
Reason: To ensure the acoustic amenity of the neighbouring residents.
19 (2SP05)
Spa pools or the like are to be provided with approved-type safety outlet covers in accordance with
Australian Standard AS 2610 (Spa Pools), and details of the outlet areas are to be submitted to the
Council/Accredited Certifier prior to issue of the Construction Certificate.
Reason: To comply with Australian Standards and provide a reasonably level of child safety.
CONDITIONS TO BE SATISFIED PRIOR TO ANY COMMENCEMENT
20 (3BM01)
The floor surfaces of bathrooms, shower rooms, laundries and WC compartments are to be of an
approved impervious material properly graded and drained and waterproofed in accordance with
Australian Standard AS 3740. Certification is to be provided to the Principal Certifying Authority
from a licensed applicator prior to the fixing of any wall or floor tiles.
Reason: To prevent the penetration of dampness through walls and floors.
21 (3CD01)
Building work, demolition or excavation must not be carried out until a Construction Certificate has
been issued.
Reason: To ensure compliance with statutory provisions.
22 (3CD02)
Demolition must be carried out by a registered demolition contractor. Documentary evidence of
registration must be submitted to Council prior to the commencement of demolition work.
Reason: To ensure demolition is carried out in an appropriate manner that is non-disruptive to the
locality and the public.
23 (3CD03)
An adequate security fence is to be erected around the perimeter of the site prior to
commencement of any excavation or construction works, and this fence is to be maintained in a
state of good repair and condition until completion of the building project.
Reason: To protect the public interest and safety.
24 (3FP01)
The applicant must complete an application form and pay applicable fees for an application to
Council for the construction of a Vehicular Crossing, for the design, specification and inspection by
Council. Applications are to be made a minimum of two (2) working days prior to commencement
of proposed works on Council's property.
Reason: To provide suitable vehicular access to private sites, without disruption to pedestrian and
vehicular traffic.
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25 (3LD01)
All healthy trees and shrubs identified for retention on the submitted landscape drawing are to be
suitably marked for protection before any construction works start.
Reason: To ensure the trees conditioned to stay on the site are suitably protected during any
construction works.
26 (3PT01)
In accordance with the Roads Act 1993, written consent from Council must be obtained and must
be in hand prior to any track equipped plant being taken in or onto any roadway, kerb & gutter,
footway, nature strip, or other property under Council's control.
Reason: To ensure appropriate protection of public infrastructure and facilitate access for public
and vehicular traffic.
27 (3PT02)
Applications for a construction zone on a local road require 28 days notice to Council indicating
location and length. All construction zones require the approval of the Manly Traffic Committee.
Reason: To ensure Council and the Traffic Committee have sufficient time and information to
assess the traffic and access implications of a proposed construction zone and to develop
appropriate responses to those implications.
CONDITIONS TO BE COMPLIED WITH DURING DEMOLITION AND BUILDING WORK
28 (4AP02)
A copy of all stamped approved drawings, specifications and documents (including the
Construction Certificate if required for the work incorporating certification of conditions of approval)
must be kept on site at all times so as to be readily available for perusal by any officer of Council or
the Principal Certifying Authority.
Reason: To ensure the form of the development undertaken is in accordance with the
determination of Council, public information and to ensure ongoing compliance.
29 (4CD01)
All of the following are to be satisfied/complied with during demolition, construction and any other
site works:
1) All demolition is to be carried out in accordance with Australian Standard AS 2601-2001.
2) Demolition must be carried out by a registered demolition contractor.
3) A single entrance is permitted to service the site for demolition and construction. The
footway and nature strip at the service entrance must be planked out.
4) No blasting is to be carried out at any time during construction of the building.
5) Care must be taken during demolition/ excavation/ building/ construction to prevent any
damage to adjoining buildings.
6) Adjoining owner property rights and the need for owner’s permission must be observed at
all times, including the entering onto land for the purpose of undertaking works.
7) Any demolition and excess construction materials are to be recycled wherever practicable.
8) The disposal of construction and demolition waste must be in accordance with the
requirements of the Protection of the Environment Operations Act 1997.
9) All waste on the site is to be stored, handled and disposed of in such a manner as to not
create air pollution (including odour), offensive noise or pollution of land and/or water as
defined by the Protection of the Environment Operations Act 1997. All excavated material
should be removed from the site in an approved manner and be disposed of lawfully to a
tip or other authorised disposal area.
10) All waste must be contained entirely within the site.
11) Section 143 of the Protection of the Environment Operations Act 1997 requires waste to
be transported to a place which can lawfully accept it. All non-recyclable demolition
materials are to be disposed of at an approved waste disposal depot in accordance with
legislation.
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12) All materials on site or being delivered to the site are to generally be contained within the
site. The requirements of the Protection of the Environment Operations Act 1997 must be
complied with when placing/stockpiling loose material, disposing of concrete waste, or
other activities likely to pollute drains or water courses.
13) Details as to the method and location of disposal of demolition materials (weight dockets,
receipts, etc.) should be kept on site as evidence of approved methods of disposal or
recycling.
14) Any materials stored on site must be stored out of view or in such a manner so as not to
cause unsightliness when viewed from nearby lands or roadways.
15) Public footways and roadways adjacent to the site must be maintained and cleared of
obstructions during construction. No building materials, waste containers or skips may be
stored on the road reserve or footpath without prior separate approval from Council,
including payment of relevant fees.
16) Building operations such as brick-cutting, washing tools or paint brushes, and mixing
mortar not be performed on the roadway or public footway or any other locations which
could lead to the discharge of materials into the stormwater drainage system.
17) All site waters during excavation and construction must be contained on site in an
approved manner to avoid pollutants entering into waterways or Council's stormwater
drainage system.
18) Any work must not prohibit or divert any natural overland flow of water.
Reason: To ensure that demolition, building and any other site works are undertaken in
accordance with relevant legislation and policy and in a manner which will be non-disruptive to the
local area.
30 (4CD02)
In order to maintain the amenity of adjoining properties, audible site works must be restricted to
between 7.00am and 6.00pm, Monday to Friday and 7.00am to 1.00pm Saturday (including works
undertaken by external contractors). No site works can be undertaken on Sundays or public
holidays.
Unless otherwise approved within a Construction Traffic Management Plan, construction vehicles,
machinery, goods or materials must not be delivered to the site outside the approved hours of site
works.
Reason: To prevent disturbance to the surrounding community.
31 (4CD03)
Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the
erection or demolition of a building is being carried out, at the rate of one toilet for every 20 person
or part of 20 persons employed at the site, by effecting either a permanent or temporary
connection to the Sydney Water's sewerage system or by approved closets.
Reason: To maintain sanitary conditions on building sites.
32 (4CD07)
Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current
removal licence from Workcover NSW. Before starting work, a work site-specific permit approving
each asbestos project must be obtained from Workcover NSW. A permit will not be granted without
a current Workcover licence.
All removal, repair or disturbance of or to asbestos material must comply with the following:
 The Work Health and Safety Act 2011.
 The Work Health and Safety Regulation 2011.
 How to Safety Remove Asbestos Code of Practice – WorkCover 2011.
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The owner or occupier of the premises must consult an appropriately qualified and Australian
Institute of Occupational Hygienists registered professional to undertake an assessment of the site
to determine the potential for contamination. The owner or occupier must develop a management
plan and be issued with Clearance Certificate before the commencement of any work.
Reason: To ensure the health of site workers and the public.
33 (4CD10)
Noise arising from the works must be controlled in accordance with the requirements of the
Protection of the Environment Operations Act 1997 and guidelines contained in the New South
Wales Environment Protection Authority Environmental Noise Control Manual.
Reason: To ensure compliance with legislation and to prevent disturbance to the surrounding
community.
34 (4CD11)
The activity of rock-breaking associated with the development of the site, must only occur between
the hours of:
 9.00 AM – 5.00 PM on weekdays (Monday – Friday) only.
Rock-breaking activities must not occur on weekends or public holidays.
Adjoining properties must be notified in writing of the times and days in which rock-breaking
activities will be carried out. Notices must be distributed at least seven (7) days before the activity
is to occur.
Reason: To protect the acoustic amenity of neighbouring properties and the public.
35 (4DS01)
A suitable sub-surface drainage system is to be provided adjacent to all excavated areas and such
drains being connected to an approved disposal system. The details of this drainage system
should be shown in a plan and submitted to Council/Accredited Certifier prior to issue of the
Construction Certificate.
Reason: To prevent uncontrolled seepage entering excavated areas.
36 (4DS02)
Any de-watering from the excavation or construction site must comply with the Protection of the
Environment Operations Act 1997 and the following:
1) Ground water or other water to be pumped from the site into Council’s stormwater system
must be sampled and analysed by a NATA accredited laboratory or Manly Council for
compliance with ANZECC Water Quality Guidelines, and
2) If tested by NATA accredited laboratory, the certificate of analysis issued by the laboratory
must be forwarded to Manly Council as the appropriate regulatory authority under the
Protection of the Environment Operations Act 1997, prior to the commencement of dewatering activities; and
3) Council will grant approval to commence site de-watering to the stormwater based on the
water quality results received, and
4) It is the responsibility of the applicant to ensure during de-watering activities, the capacity
of the stormwater system is not exceeded, there are no issues associated with erosion or
scouring due to the volume of water pumped; and turbidity readings must not at any time
exceed the ANZECC recommended 50ppm (parts per million) for receiving waters.
Reason: To ensure compliance with legislation and to protect the surrounding natural environment.
37 (4DS03)
Rainwater tanks must be installed on residential properties by a suitably qualified and licensed
plumber and in accordance with the following:
 Australian/New Zealand Standard AS/NZS 3500:2003,
 NSW Code of Practice Plumbing and Drainage, 2006 produced by Committee on
Uniformity of Plumbing and Drainage Regulations in NSW (CUPDR).
 Council's rainwater tank policy
Reason: To protect public health and amenity.
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38 (4FP01)
The existing footpath level and grade at the street alignment of the property must be maintained.
Reason: To ensure appropriate access and infrastructure protection.
39 (4LD02)
All healthy trees and shrubs identified for retention on the drawing are to be:
(a) suitably protected from damage during the construction process, and
(b) retained unless their removal has been approved by Council.
Reason: This is to ensure that the trees on the site which do not have approval to be removed on
the site are suitably protected during any construction works.
Internal Note: This condition is to be imposed with 3LD01.
40 (4LD03)
The felling, lopping, topping, ringbarking, wilful destruction or removal of any tree/s unless in
conformity with this approval or subsequent approval is prohibited.
Reason: To prohibit the unnecessary damage or removal of trees without permission from Council
during any construction.
41 (4LD04)
The following precautions must be taken when working near trees to be retained:
 harmful or bulk materials or spoil must not be stored under or near trees,
 prevent damage to bark and root system,
 mechanical methods must not be used to excavate within root zones,
 topsoil from under the drip line must not be added and or removed,
 ground under the drip line must not be compacted, and
 trees must be watered in dry conditions.
Reason: This is to ensure no damage is caused to trees from various methods of possible
damage.
42 (4LD06)
All disturbed surfaces on the land resulting from the building works authorised by this approval
must be revegetated and stabilised to prevent erosion either on or adjacent to the land.
Reason: To prevent/contain erosion.
43 (4LD07)
Where development/construction necessitates the pruning of more than 10% of existing tree
canopy, a permit application must be lodged with the Council’s Civic Services Division, subject to
the Tree Preservation Order 2001.
Reason: To ensure those trees are maintained appropriately and compliance with Australian
Standard AS 4373:2007 – Pruning of Amenity Trees.
44 (4LD08)
Retain and protect trees and planting on council's Road Reserve during construction.
Reason: To maintain the number of street trees and preserve the amenity of the local area.
45 (4MS04)
An approved Erosion and Sediment Management plan is to be implemented from the
commencement of works and maintained until completion of the development.
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The design and controls addressed in the Sediment and erosion management plan must comply
with the criteria identified in:
 Manly Development Control Plan 2013, Amendment 2, and
 Manly Councils Guidelines for Sediment and Erosion Controls on building sites, 2005, and
 The document “Managing Urban Stormwater: Soils and Construction” Volume 1, 2004.
Reason: To protect the environment from the effects of sedimentation and erosion from
development sites.
46 (4NL01)
Noise arising from demolition and construction works must be controlled in accordance with the
requirements of the Protection of the Environment Operations Act 1997 and guidelines contained
in the New South Wales Environment Protection Authority Environmental Noise Control Manual.
Reason: To prevent disturbance to the surrounding community during construction.
47 (4PT01)
All requirements of the Local or Regional Traffic Advisory Committees are to be complied with.
Reason: To ensure appropriate measures have been considered for site access, storage and the
operation of the site during all phases of the construction process in a manner which respects
adjoining owner’s property rights and residential amenity in the locality, without unreasonable
inconvenience to the community.
48 (4WM01)
The only waste derived material which may be received at the development site is:
1) Virgin excavated material (within the meaning of the Protection of the Environment
Operations Act 1997), and
2) Any other waste-derived material the subject of a resource recovery exemption under
cl.51A of the Protection of the Environment Operations (Waste) Regulation 2005 that is
permitted to be used as fill material.
Any (b)-type material received at the development site must be accompanied by documentation
certifying the materials compliance with the exemption conditions; and this documentation must be
provided to the Principal Certifying Authority on request.
Reason: To ensure imported fill is of an acceptable standard for environmental protection
purposes.
49 (4WM02)
Removal of trackable wastes from the site must comply with the Protection of the Environment
Operations (Waste) Regulation 2005 for the transportation, treatment and disposal of waste
materials. Waste materials must not be disposed on land without permission of the land owner and
compliance with the provisions of the Protection of the Environment and Operations Act 1997.
Reason: To ensure compliance with legislation.
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE
50 (5DS01)
Stormwater drainage from the proposed addition/extension must be disposed of to the existing
drainage system. All work is to be carried out in accordance with Council standards and
specifications for stormwater drainage. Work is to be completed prior to the issue of the
Occupation Certificate.
Reason: To ensure appropriate provision is made for the disposal and management of stormwater
generated by the development, and to ensure infrastructure reverting to Council’s care and control
is of an acceptable standard.
52 (5FR01)
An automatic fire detection and alarm system must be installed in the proposed dwelling in
accordance with the requirements of the Building Code of Australia.
Reason: To comply with the Environmental Planning and Assessment Act 1979.
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53 (5NL02)
Prior to the issue of a Construction Certificate, the Certifying Authority must be satisfied that all
outdoor lighting is designed and positioned to minimise any detrimental impact upon the amenity of
other premises and adjacent dwellings and that the outdoor lighting complies with the relevant
provisions of Australian Standard 1558.3:2005 Pedestrian area (Category P) lighting –
Performance and design requirements and Australian Standard 4282:1997 Control of the
obtrusive effects of outdoor lighting.
Reason: To protect public health and amenity.
54 (5SP01)
All protective fencing and gates are to be in accordance with Australian Standard AS 1926 prior to
the pool being filled with water. The fence is to be a minimum of 1200mm in height and posts
and/or supports are to be firmly fixed or encased in such a way that the posts/support are unable to
be removed easily. The fence is not to be removed or altered at any time without the prior approval
of Council. No water can be in the swimming pool until the required protective fencing has been
inspected and approved by Council.
Reason: To comply with Australian Standard AS1926 and provide a reasonable level of child
safety.
55 (5US01)
Any adjustment to a public utility service is to be carried out in compliance with its standards;
where consent is required, with its concurrence; and with the full cost being borne by the applicant.
Full documents of adjustments to any public utility service should be submitted to Council.
Reason: To ensure compliance with the terms of this consent.
ONGOING CONDITIONS RELATING TO THE OPERATION OF THE PREMISES OR
DEVELOPMENT
56 (6DS01)
The ongoing use and operation of the rainwater tank(s) must be maintained in accordance with:
 Sydney Water Guidelines for Rainwater Tanks on Residential Properties, 2003.
 Australian Government EnHealth Council publication Guidance on the use of Rainwater
Tanks, 2004.
Reason: To protect public health and amenity.
57 (6FP01)
No sandwich boards, goods or the like are to be placed on Council's footpath.
Reason: To ensure pedestrian safety.
58 (6MS02)
No person shall use or occupy the building or alteration which is the subject of this approval
without the prior issue of an Occupation Certificate.
Reason: Statutory requirement, Environmental Planning and Assessment Act 1979.
59 (6NL02)
All lights used to illuminate the exterior of the buildings or site must be positioned and/or fitted with
cut off luminaries (baffles) so as to prevent the emission of direct light onto adjoining roadways,
adjoining land, dwellings and waterways.
Reason: To protect the amenity of neighbours and limit the obtrusive effects of outdoor lighting in
public places.
60 (6NL03)
The ongoing use of the premises/property must not give rise to ‘offensive noise’ as defined under
the provisions of the Protection of the Environment Operations Act 1997.
Reason: To ensure compliance with legislation and to protect public health and amenity.
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61 (6NL08)
All outdoor lighting must not detrimentally impact upon the amenity of other premises and adjacent
dwellings and must comply with where relevant, Australia Standard AS 1158.3:2005 Lighting for
roads and public spaces – Pedestrian Area (Category P) lighting – Performance and design
requirements and Australian Standard AS 4282:1997 Control of the obtrusive effects of outdoor
lighting.
Reason: To protect the amenity of adjoining properties.
62 (6NL10)
The construction and ongoing use of the premises, building services, equipment, machinery and
ancillary fittings shall not give rise to air pollution. All works shall ensure air quality controls are in
place and all activity is in accordance with the Protection of the Environment Operations Act 1997
and Protection of the Environment Operations (Clean Air) Regulation 2002.
Reason: To ensure compliance with legislation and to protect public health and amenity.
63 (6NL12)
Swimming pool and spa pumps must be installed and operated at times so as not to cause
‘offensive noise’ as defined by the Protection of the Environments Operation Act 1997. Swimming
pool and spa pumps must not be audible in nearby dwelling between 8:00PM to 7:00AM Monday
to Friday, and 8:00PM to 8:00AM on Saturdays, Sundays and public holidays.
Reason: To ensure compliance with legislation and to protect the acoustic amenity of neighbouring
properties.
64 (6WM10)
The operation of the premises must be conducted in a manner that does not pollute waters as
defined by the Protection of the Environment Operations Act, 1997.
Reason: To ensure compliance with legislation and to protect public health and amenity.
For the Decision:
Stein, Lynch, McDonald and Metherell
Against the Decision:
Nil
*******
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NBIAP - South Report No. 24
56 Bower Street, Manly - DA0208/2016 (MC/16/115451)
Application Lodged:
2 August 2016
Applicant:
Mr G Baz
Owner:
Willflo Pty Ltd
Estimated Cost:
$98,500.00
Zoning:
Manly Local Environmental Plan, 2013 – E3 Environmental
Management
Surrounding Development:
Residential Development
Heritage:
No
NSW:
No
Officer:
RS
SUMMARY:
1.
2.
3.
4.
5.
6.
DEVELOPMENT CONSENT IS SOUGHT FOR ALTERATIONS AND ADDITIONS TO THE
EXISTING RESIDENTIAL FLAT BUILDING INCLUDING CONVERSION OF THE STORAGE
AREA INTO HABITABLE ROOMS, INTERNAL ALTERATIONS, NEW WINDOWS, NEW
DOORS, EXTERNAL STAIRS, AND PARTIAL RE- CONSTRUCTION OF RETAINING
WALL- UNIT 2.
THE APPLICATION WAS NOTIFIED TO ALL ADJOINING AND NEARBY PROPERTY
OWNERS AND ONE (1) SUBMISSION RECEIVED.
PURSUANT TO CLAUSE 4.6 OF THE MLEP2013, VARIATION OF 78% (511.8SQM) IS
SOUGHT TO THE FLOOR SPACE RATIO DEVELOPMENT STANDARD, CONTAINED
WITHIN CLAUSE 4.4 OF THE MLEP (2013). IT IS HOWEVER NOTED THAT THE
EXISTING BUILDING ON SITE BREACHES THE FLOOR SPACE RATIO (0.73:1 WITH
464.5SQM) AND THE PROPOSED DEVELOPMENT OFFERS A VARIATION OF 10 %
(0.80:1- 511.8SQM) TO THE EXISTING FLOOR SPACE RATIO ON SITE.
THE APPLICATION WAS PRESENTED TO THE DEVELOPMENT ASSESSMENT UNIT
MEETING ON 5 SEPTEMBER 2016, WHERE IT WAS RECOMMENDED FOR APPROVAL.
SITE INSPECTION IS RECOMMENDED.
THE APPLICATION IS RECOMMENDED FOR APPROVAL.
The following people addressed the meeting in relation to this item:
Against the Recommendation:
Nil
For the Recommendation:
Gregory Baz
RECOMMENDATION
In consideration of the written request made by the applicant pursuant to Clause 4.6 of the Manly
Local Environmental Plan 2013, the consent authority is satisfied that compliance with the
development standard contained in Clause 4.4 (Floor Space ratio) of the Manly Local
Environmental Plan 2013 is unreasonable or unnecessary in the circumstances and that there are
sufficient environmental planning grounds to justify contravening the development standard.
That Development Application No. DA 208/2016 for Alterations and additions to the existing
Residential Flat Building including conversion of the storage area into habitable rooms, internal
alterations , new windows, new doors, external stairs, and partial re- construction of retaining wallUnit 2 at 56 Bower Street, Manly be Approved subject to the following conditions as amended by
the panel:DA1
The development, except where modified by the conditions of this consent, is to be carried out
in accordance with the following plans and reference documentation;
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15 SEPTEMBER 2016
Drawings affixed with Council’s ‘Development Consent’ stamp relating to Development Consent
No. DA208/2016:
Plan No. / Title
A4- 6/11- Proposed Basement Plan
A4- 7/11- Proposed Ground Floor Plan
A4- 11/11- Door and Window Schedule
A3 – 1/11 – Site Plan
A4 -8/11- Proposed Section
A3 -9/11- Eastern Elevation
A4 -10/11- Northern Elevation
Issue/
Revision & Date
Issue- dated 12/6/2016
Issue- dated 12/6/2016
Issue- dated 12/6/2016
Issue – dated 29/8/2016
Issue – dated 29/8/2016
Issue – dated 29/8/2016
Issue – dated 29/8/2016
Date Received
by Council
2/8/2016
2/8/2016
2/8/2016
30/8/2016
30/8/2016
30/8/2016
30/8/2016
Reference Documentation affixed with Council’s stamp relating to Development Consent No.
DA208/2016:
• Statement of Environmental Effects prepared by Symons Goodyer Pty Ltd dated 2/8/2016
and received by Council on 2/8/2016
• Terrestrial Biodiversity Impact Assessment by GIS Environmental Consultants dated
January 2016 and received by Council on 2/8/2016.
• BASIX Certificate No A248293 dated 13 May 2016 and received by Council on 2/8/2016.
• Geotechnical Report prepared by Crozier Geotechnical Consultants Pty Ltd dated 13 May
2016 and received by Council on 2/8/2016.
In the event of any inconsistency between the approved plans and supplementary documentation,
the plans will prevail.
Reason: To ensure that the form of the development undertaken is in accordance with the
determination of Council
ANS01
The new wall between the lawn areas of Unit’s 1 and 2 is to have gaps at the base that are
the minimum dimensions of 300mm wide by 150mm high and are to be no more than 1m
intervals along the length of the fence to allow bandicoot access.
Reason: This is a recommended ameliorative condition in the AoS/TBR submitted as part of
this DA. To provide bandicoot access is not restricted to the site.
ANS02
The subject property is located within G1 and G2 Potential Geotechnical Landslip Hazard
area. As there will be excavations completed as part of the proposed works a geotechnical
assessment is required prior to the commencement of works.
Reason: To ensure that the proposed works will not have any detrimental impacts within
the potential geotechnical landslip hazard area or on environmentally sensitive areas such
as Cabbage Tree Bay.
ANS03
During construction, all slurry associated with works (including excavated material) is to be
contained at source and within the construction area. All material is to be removed off site
and disposed of according to local regulations.
Reason: To mitigate against any potential damage and pollution to adjacent aquatic
habitats and biota within Cabbage Tree Bay aquatic reserve.”
ANS04
DELETED
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ANS05
DELETED
GENERAL CONDITIONS RELATING TO APPROVAL
1 (1AP04)
Alteration and demolition of the existing building is limited to that documented on the approved
plans (by way of notation). No approval is given or implied for removal and/or rebuilding of any
portion of the existing building which is not shown to be altered or demolished.
Reason: To ensure compliance with the approved development.
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION
CERTIFICATE
2 (2AP01)
Four (4) copies of architectural drawings consistent with the development consent and associated
conditions are to be submitted to the Council/Accredited Certifier prior to the issue of the
Construction Certificate.
Reason: To comply with the Environmental Planning and Assessment Act 1979.
3 (2CD01)
Pursuant to Section 97 of the Local Government Act, 1993, Council requires prior to the issue of
Construction Certificate, or commencement of any excavation and demolition works, payment of a
Trust Fund Deposit as per the current rates in Council's Fees and Charges. The Deposit is
required as security against damage to Council property during works on the site. The applicant
must bear the cost of all restoration works to Council’s property damaged during the course of this
development. All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
Note:
Should Council property adjoining the site be defective e.g. cracked footpath, broken kerb
etc., this should be reported in writing, or by photographic record, submitted to Council at
least seven (7) days prior to the commencement of any work on site. This documentation
will be used to resolve any dispute over damage to infrastructure. It is in the applicants
interest for it to be as full and detailed as possible.
Where by Council is not the Principal Certifying Authority, refund of the trust fund deposit
will also be dependent upon receipt of a final Occupation Certificate by the Principal
Certifying Authority and infrastructure inspection by Council.
Reason: To ensure security against possible damage to Council property.
4 (2CD05)
Detailed engineering drawings of all work must be submitted for approval by the
Council/Accredited Certifier prior to the release of the Construction Certificate.
Reason: To ensure the provision of public infrastructure of an appropriate quality arising from the
development works to service the development.
5 (2CD07)
A Certificate of Adequacy signed by a practising structural engineer stating the existing structure is
capable of supporting the proposed additions, is to be submitted to the Council/Accredited Certifier
prior to the issue of the Construction Certificate.
Reason: The existing building must be able to support proposed additional loading.
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6 (2CD08)
A Geotechnical Survey, on the stability of the subject site, is to be prepared by a suitably qualified
geotechnical engineer in accordance with the guidelines contained in the current Manly
Development Control Plan 2013. All recommendations of the report are to be complied with during
the construction process. The report is to be submitted to the Council/Accredited Certifier prior to
the issue of the Construction Certificate.
Reason:To ensure structural integrity of the works maintained.
7 (2CD09)
A Geotechnical Survey is to be prepared by a suitably qualified geotechnical engineer for the
proposed excavation. The requirements for a Geotechnical Survey are contained within the
Dictionary of the Manly Development Control Plan 2013. All recommendations of the survey are to
be complied with during the construction process. The survey is to be submitted to the
Council/Accredited Certifier prior to the issue of the Construction Certificate.
Reason: To ensure excavation is undertaken in an appropriate manner.
8 (2FR01)
A Fire Safety Schedule specifying the fire safety measures (both current and proposed) which
should be implemented in the building premises must be submitted with the Construction
Certificate application, in accordance with Part 9 Clause 168 of the Environmental Planning and
Assessment Regulation 2000.
Note: A Construction Certificate cannot be issued until a Fire Safety Schedule is received.
Reason: Compliance with the Environmental Planning and Assessment Act 1979.
9 (2MS01)
Where construction or excavation activity requires the disturbance of the soil surface and existing
vegetation, details including drawings and specifications must be submitted to Council
accompanying the Construction Certificate, which provide adequate measures for erosion and
sediment control. As a minimum, control techniques are to be in accordance with Manly Council
Guidelines on Erosion and Sediment Control, or a suitable and effective alternative method. The
Sediment Control Plan must incorporate and disclose:
1) all details of drainage to protect and drain the site during the construction processes,
2) all sediment control devices, barriers and the like,
3) sedimentation tanks, ponds or the like,
4) covering materials and methods, and
5) a schedule and programme of the sequence of the sediment and erosion control works or
devices to be installed and maintained.
Details from an appropriately qualified person showing these design requirements have been met
must be submitted with the Construction Certificate and approved by the Council/Accredited
Certifier prior to issuing of the Construction Certificate.
Reason: To protect the environment from the effects of sedimentation and erosion from
development sites.
10 (2TC02)
The timber posts supporting the structure must stand on a corrosion resistant metal support with a
minimum clearance of 75mm above the finished ground level or be protected by metal termite
shields in accordance with Australian Standard AS 3660.1 - 2000 Termite management – New
building work.
Reason: To protect the building from possible termite damage.
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11 (2TS04)
External retaining walls or stairs must be a maximum of 200mm in height (or lower in accordance
with BCA standards). Where this cannot be avoided a slope or ramp is to be provided/constructed
in association with the stairs/retaining walls to permit Long-nosed Bandicoot access.
Reason: Stairs/retaining walls of greater height present an access barrier preventing Long-nosed
Bandicoots from accessing other Bandicoot habitat on or adjacent to the site. This measure will
ensure no further fragmentation of remaining Long-nosed Bandicoot habitat on the site.
12 (2TS05)
No bright lighting or motion detectors are to be installed to illuminate the lawn or garden areas. A
modest amount of low lighting may be used for safety purposes only.
Reason: Bright lighting disturbs Long-nosed Bandicoots and disrupts normal Bandicoot foraging,
sheltering and nesting activity.
13 (2WM02)
A Waste Management Plan is to be submitted with the application prior to a Construction
Certificate being issued in accordance with the Manly Development Control Plan 2013.
The plan should detail the type and estimate the amount of demolition and construction waste and
nominate how these materials will be sorted and dealt with. Weight dockets and receipts must be
kept as evidence of approved methods of disposal and recycling. All demolition and excess
construction materials are to be recycled where ever practicable. It should include consideration of
the facilities required for the ongoing operation of the premises’ recycling and waste management
services after occupation. A template is available from the Manly Council website.
Reason: To plan for waste minimisation, recycling of building waste and on-going waste
management.
CONDITIONS TO BE SATISFIED PRIOR TO ANY COMMENCEMENT
14 (3BM01)
The floor surfaces of bathrooms, shower rooms, laundries and WC compartments are to be of an
approved impervious material properly graded and drained and waterproofed in accordance with
Australian Standard AS 3740. Certification is to be provided to the Principal Certifying Authority
from a licensed applicator prior to the fixing of any wall or floor tiles.
Reason: To prevent the penetration of dampness through walls and floors.
15 (3CD01)
Building work, demolition or excavation must not be carried out until a Construction Certificate has
been issued.
Reason: To ensure compliance with statutory provisions.
16 (3CD02)
Demolition must be carried out by a registered demolition contractor. Documentary evidence of
registration must be submitted to Council prior to the commencement of demolition work.
Reason: To ensure demolition is carried out in an appropriate manner that is non-disruptive to the
locality and the public.
17 (3CD03)
An adequate security fence is to be erected around the perimeter of the site prior to
commencement of any excavation or construction works, and this fence is to be maintained in a
state of good repair and condition until completion of the building project.
Reason: To protect the public interest and safety.
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18 (3TS01)
Temporary chain wire fencing is to be installed around all work areas (including demolition, storage
and construction areas) prior to the commencement of works. Fencing is to be maintained for the
duration of the works. The fencing is to be designed to minimise the possibility of Long-nosed
Bandicoots accessing the works areas and sheltering in cavities or voids. A surrounding barrier of
minimum 300mm in height is considered sufficient.
Reason: To prevent direct impacts to Long-nosed Bandicoot individuals which may access the
construction site and attempt to shelter in/under cavities, stockpiles or machinery.
19 (3TS02)
All workers, including site inspectors and sub-contractors, are to be made aware of the potential
presence of Long-nosed Bandicoots through a site induction prior to commencement of works. The
site induction is to include information about the conservation significance of this endangered
population, their potential activities on-site, means of identification and the measures to be
implemented for their protection. A confirmation of induction is to be signed by every worker and
the site foreman/supervisor. Evidence of the site induction is to be documented and provided to the
Principle Certifying Authority.
Reason: To avoid direct physical harm to Long-nosed Bandicoots, it is important that workers are
aware of their presence, their conservation significance and the measures in place to protect them.
CONDITIONS TO BE COMPLIED WITH DURING DEMOLITION AND BUILDING WORK
20 (4AP02)
A copy of all stamped approved drawings, specifications and documents (including the
Construction Certificate if required for the work incorporating certification of conditions of approval)
must be kept on site at all times so as to be readily available for perusal by any officer of Council or
the Principal Certifying Authority.
Reason: To ensure the form of the development undertaken is in accordance with the
determination of Council, public information and to ensure ongoing compliance.
21 (4BM01)
All materials and finishes of the proposed additions are to match, as closely as possible the
material and finish of the existing building.
Reason: To enhance the visual quality of the development and the streetscape.
22 (4CD01)
All of the following are to be satisfied/complied with during demolition, construction and any other
site works:
1) All demolition is to be carried out in accordance with Australian Standard AS 2601-2001.
2) Demolition must be carried out by a registered demolition contractor.
3) A single entrance is permitted to service the site for demolition and construction. The
footway and nature strip at the service entrance must be planked out.
4) No blasting is to be carried out at any time during construction of the building.
5) Care must be taken during demolition/ excavation/ building/ construction to prevent any
damage to adjoining buildings.
6) Adjoining owner property rights and the need for owner’s permission must be observed at
all times, including the entering onto land for the purpose of undertaking works.
7) Any demolition and excess construction materials are to be recycled wherever practicable.
8) The disposal of construction and demolition waste must be in accordance with the
requirements of the Protection of the Environment Operations Act 1997.
9) All waste on the site is to be stored, handled and disposed of in such a manner as to not
create air pollution (including odour), offensive noise or pollution of land and/or water as
defined by the Protection of the Environment Operations Act 1997. All excavated material
should be removed from the site in an approved manner and be disposed of lawfully to a
tip or other authorised disposal area.
10) All waste must be contained entirely within the site.
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11) Section 143 of the Protection of the Environment Operations Act 1997 requires waste to
be transported to a place which can lawfully accept it. All non-recyclable demolition
materials are to be disposed of at an approved waste disposal depot in accordance with
legislation.
12) All materials on site or being delivered to the site are to generally be contained within the
site. The requirements of the Protection of the Environment Operations Act 1997 must be
complied with when placing/stockpiling loose material, disposing of concrete waste, or
other activities likely to pollute drains or water courses.
13) Details as to the method and location of disposal of demolition materials (weight dockets,
receipts, etc.) should be kept on site as evidence of approved methods of disposal or
recycling.
14) Any materials stored on site must be stored out of view or in such a manner so as not to
cause unsightliness when viewed from nearby lands or roadways.
15) Public footways and roadways adjacent to the site must be maintained and cleared of
obstructions during construction. No building materials, waste containers or skips may be
stored on the road reserve or footpath without prior separate approval from Council,
including payment of relevant fees.
16) Building operations such as brick-cutting, washing tools or paint brushes, and mixing
mortar not be performed on the roadway or public footway or any other locations which
could lead to the discharge of materials into the stormwater drainage system.
17) All site waters during excavation and construction must be contained on site in an
approved manner to avoid pollutants entering into waterways or Council's stormwater
drainage system.
18) Any work must not prohibit or divert any natural overland flow of water.
Reason: To ensure that demolition, building and any other site works are undertaken in
accordance with relevant legislation and policy and in a manner which will be non-disruptive to the
local area.
23 (4CD02)
In order to maintain the amenity of adjoining properties, audible site works must be restricted to
between 7.00am and 6.00pm, Monday to Friday and 7.00am to 1.00pm Saturday (including works
undertaken by external contractors). No site works can be undertaken on Sundays or public
holidays.
Unless otherwise approved within a Construction Traffic Management Plan, construction vehicles,
machinery, goods or materials must not be delivered to the site outside the approved hours of site
works.
Reason: To prevent disturbance to the surrounding community.
24 (4CD03)
Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the
erection or demolition of a building is being carried out, at the rate of one toilet for every 20 person
or part of 20 persons employed at the site, by effecting either a permanent or temporary
connection to the Sydney Water's sewerage system or by approved closets.
Reason: To maintain sanitary conditions on building sites.
25 (4CD05)
Retaining walls being constructed in conjunction with excavations must be in accordance with
structural engineer's details. Certification by a suitably qualified structural engineer that the
constructed works comply with the structural detail must be submitted to the Principal Certifying
Authority prior to the issue of the Occupation Certificate.
Reason: To ensure the structural adequacy of the retaining walls.
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26 (4CD07)
Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current
removal licence from Workcover NSW. Before starting work, a work site-specific permit approving
each asbestos project must be obtained from Workcover NSW. A permit will not be granted without
a current Workcover licence.
All removal, repair or disturbance of or to asbestos material must comply with the following:
 The Work Health and Safety Act 2011.
 The Work Health and Safety Regulation 2011.
 How to Safety Remove Asbestos Code of Practice – WorkCover 2011.
The owner or occupier of the premises must consult an appropriately qualified and Australian
Institute of Occupational Hygienists registered professional to undertake an assessment of the site
to determine the potential for contamination. The owner or occupier must develop a management
plan and be issued with Clearance Certificate before the commencement of any work.
Reason: To ensure the health of site workers and the public.
27 (4LD03)
The felling, lopping, topping, ringbarking, wilful destruction or removal of any tree/s unless in
conformity with this approval or subsequent approval is prohibited.
Reason: To prohibit the unnecessary damage or removal of trees without permission from Council
during any construction.
28 (4LD04)
The following precautions must be taken when working near trees to be retained:
 harmful or bulk materials or spoil must not be stored under or near trees,
 prevent damage to bark and root system,
 mechanical methods must not be used to excavate within root zones,
 topsoil from under the drip line must not be added and or removed,
 ground under the drip line must not be compacted, and
 trees must be watered in dry conditions.
Reason: This is to ensure no damage is caused to trees from various methods of possible
damage.
29 (4LD05)
Trees and shrubs liable to damage (including, but not limited to street trees) are to be protected
with suitable temporary enclosures for the duration of the works. These enclosures are to only be
removed when directed by the Principal Certifying Authority.
The enclosures are to be constructed out of F62 reinforcing mesh 1800mm high wired to 2400mm
long star pickets, driven 600mm into the ground and spaced 1800mm apart at a minimum distance
of 1000mm from the tree trunk.
Reason: To ensure protection of the trees on the site which could be damaged during any
development works and to outline the type of protection.
30 (4LD06)
All disturbed surfaces on the land resulting from the building works authorised by this approval
must be revegetated and stabilised to prevent erosion either on or adjacent to the land.
Reason: To prevent/contain erosion.
31 (4MS04)
An approved Erosion and Sediment Management plan is to be implemented from the
commencement of works and maintained until completion of the development.
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15 SEPTEMBER 2016
The design and controls addressed in the Sediment and erosion management plan must comply
with the criteria identified in:
 Manly Development Control Plan 2013, Amendment 2, and
 Manly Councils Guidelines for Sediment and Erosion Controls on building sites, 2005, and
 The document “Managing Urban Stormwater: Soils and Construction” Volume 1, 2004.
Reason: To protect the environment from the effects of sedimentation and erosion from
development sites.
32 (4TS01)
Construction hours are to be adhered to, with no construction vehicles or heavy machinery used
outside the hours of 7:30am and 4:30pm.
Reason: Noise and vibration may disturb local native fauna (including species and populations
listed as threatened under State or Federal legislation) and discourage their use of adjoining areas.
33 (4TS02)
Before any vegetation/materials/debris stockpiles are removed, a pre-clearance survey for Longnosed Bandicoot activity and presence is required. Clearing may only proceed if this survey
concludes that no Long-nosed Bandicoots are present within the area to be cleared or the
immediate vicinity. All clearing must initially be carried out with hand tools to identify whether any
Bandicoots are sheltering within the area to be cleared (e.g. at the base of vegetation or under
deep litter). Machinery may only be used once it has been confirmed that no Bandicoots are
sheltering within the area to be cleared. Clearing should ideally be carried out at dusk and
completed within one day so that Long-nosed Bandicoots do not reoccupy partially cleared areas
overnight. A record of each inspection is to be made in the daily inspection register log-book. The
log-book is to be made available to Principal Certifying Authority.
Reason: To avoid injury or death of Long-nosed Bandicoots which may be utilising stockpiles of
vegetation, materials or debris.
34 (4TS03)
An inspection register log-book must be kept on site recording daily inspections of all holes
(created for footings, installations etc.), machinery and construction material stockpiles, checking
for Long-nosed Bandicoots. These inspections are to be undertaken each work day prior to
commencement of works and works may only proceed once the Bandicoot has safely vacated the
work site. If a Long-nosed Bandicoot is found within the work area, no work shall proceed until the
Bandicoot has safely vacated the area. The log-book is to be made available to Principal Certifying
Authority.
Reason: To ensure no Long-nosed Bandicoots are injured or killed during construction/demolition.
35 (4TS07)
If an uninjured Long-nosed Bandicoot enters the worksite or is found during a survey of
holes/stockpiles, works must cease until the Bandicoot has safely vacated the worksite. Any
injured or dead Long-nosed Bandicoots found within the worksite must be reported to the National
Parks & Wildlife Service (NPWS) or Manly Council. For assistance to relocate a Bandicoot from the
worksite, or to report a dead or injured Bandicoot, please contact:
• National Parks & Wildlife Service – Duty Officer (9457 9577); or
• Manly Council – Natural Resources Branch (9976 1500).
Reason: To ensure that any Long-nosed Bandicoots utilising the worksite are safely relocated by
an appropriately trained officer, and that injured Bandicoots receive expert care so that they can be
returned to endangered population where possible. It is also important that any dead individuals
are reported so that causes of mortality can be identified and addressed.
36 (4TS09)
There is to be no off-loading or storage of construction materials or debris on the grassed lawn or
grassed road verge adjacent to the property. The integrity of the grass must be preserved at all
times.
Reason: To prevent direct physical injury to Long-nosed Bandicoots and allow for foraging activity.
This area is likely to be used by bandicoots for foraging.
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37 (4TS14)
For assistance to relocate a native animal (other than Long-nosed Bandicoot or Little Penguin)
from the worksite, or to report a dead or injured native animal, please contact:
• Sydney Wildlife Services (9413 4300); or
• WIRES Rescue Office (1300 094 737).
Reason: To ensure that any native fauna utilising the worksite are safely relocated by an
appropriately trained officer, and that injured fauna receive expert care so that they can be
returned to the wild where possible. It is also important that any dead individuals are reported so
that causes of mortality can be identified.
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE
38 (5CD02)
Where any habitable room is located below ground level, internal walls are to be suitably treated so
as to prevent ingress of moisture.
Reason: To provide a safe and healthy environment and to comply with the Building Code of
Australia.
ONGOING CONDITIONS RELATING TO THE OPERATION OF THE PREMISES OR
DEVELOPMENT
39 (6MS02)
No person shall use or occupy the building or alteration which is the subject of this approval
without the prior issue of an Occupation Certificate.
Reason: Statutory requirement, Environmental Planning and Assessment Act 1979.
40 (6TS01)
All ‘access spaces’, fencing and landscaping requirements outlined in these conditions of consent
are to be maintained post-construction.
Reason: To ensure that ‘access spaces’ are not covered up or landscaping elements changed,
restricting Bandicoot movement to habitable areas.
Flora and Fauna Protection – Best Practices for Residents
Residents are encouraged to follow a number of ‘best practices’ to assist with the protection and
management of native flora and fauna:
 Native animals should never be fed as it may cause them nutritional problems, hardship if
supplementary feeding is stopped, and it may increase predation.
 Feral cats or foxes should never be fed or food left out where they can access it, such as
rubbish bins without lids or pet food bowls, as these animals present a significant threat to
native wildlife.
 The use of insecticides, fertilisers, or snail baits should be avoided on the property.
Garden insects will be kept in low numbers if native fauna are present.
 Rat baiting is to only occur within buildings. No rat baiting should occur under/around
homes.
 Dead or injured bandicoots should be reported by phoning Northern Beaches Council
(South) on 9976 1500 or the Office of Environment and Heritage, Conservation and
Regulation Division on 131 555.
 Please drive carefully to avoid vehicle-related death and injury to ground-dwelling fauna.
 Cat/s and or dog/s that currently live on the property should be kept indoors at night to
avoid disturbance/death of native animals. Ideally, when the current cat/s and/or dog/s
that live on the property no longer reside on the property it is recommended that they not
be replaced by new dogs or cats.
 Report all sightings of feral rabbits, feral or stray cats and/or foxes to Northern Beaches
Council (South).”
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For the Decision:
Stein, Lynch, McDonald and Metherell
Against the Decision:
Nil
15 SEPTEMBER 2016
*******
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NBIAP - South Report No. 25
3A Cohen Street, Fairlight - DA0192/2016 (MC/16/113358)
Application Lodged:
20 July 2016
Applicant:
Graeme Mackenzie c/o Vaughan Milligan Development
Consulting Pty ltd
Owner:
Mr G Mackenzie and Ms G Cameron
Estimated Cost:
$205,000
Zoning:
Manly Local Environmental Plan, 2013 – R1 General
Residential
Surrounding Development:
A mix of one-, two-, and three-storey detached and semidetached dwellings and residential flat buildings
Heritage:
Not applicable
NSW:
Not applicable
Officer:
CD
SUMMARY:
1.
2.
3.
4.
5.
6.
DEVELOPMENT CONSENT IS SOUGHT FOR ALTERATIONS AND ADDITIONS TO THE
EXISTING SEMI-DETACHED DWELLING INCLUDING FIRST FLOOR EXTENSION,
INTERNAL ALTERATIONS, CHANGES TO WINDOWS AND DOORS, REMOVAL OF
FIREPLACE AND CHIMNEY.
THE APPLICATION WAS NOTIFIED TO ALL ADJOINING AND NEARBY PROPERTY
OWNERS AND NO SUBMISSIONS WERE RECEIVED.
PURSUANT TO CLAUSE 4.6 OF THE MLEP 2013, A MAXIMUM VARIATION OF 26.7% IS
SOUGHT TO THE FLOOR SPACE RATIO DEVELOPMENT STANDARD UNDER CLAUSE
4.4(2) OF THE MLEP 2013. THIS RESULTS IN AN 11.8% VARIATION TO THE EXISTING
FLOOR SPACE RATIO NON-COMPLIANCE ON THE SITE. HOWEVER, IT IS NOTED
THAT THE SITE IS AN UNDERSIZED ALLOTMENT WITH A SITE AREA OF 186.7M²,
THEREBY TRIGGERING CLAUSE 4.1.3.1 OF THE MDCP 2013 (AMENDMENT 7). BASED
ON THE MINIMUM LOT SIZE OF 250M² REQUIRED ON THE MLEP 2013 LOT SIZE MAP,
THE MAXIMUM GROSS FLOOR AREA PERMITTED WOULD BE 150M². THE PROPOSAL
SEEKS A TOTAL GROSS FLOOR AREA OF 142.7M², THUS BEING ACCEPTABLE.
THE APPLICATION WAS PRESENTED TO THE DEVELOPMENT ASSESSMENT UNIT
MEETING ON 24 AUGUST 2016, WHERE IT WAS RECOMMENDED FOR APPROVAL.
SITE INSPECTION WAS CONDUCTED ON 23 AUGUST 2016.
THE APPLICATION IS RECOMMENDED FOR APPROVAL.
The following people addressed the meeting in relation to this item:
Against the Recommendation:
Nil
For the Recommendation:
Vaughan Milligan
RECOMMENDATION
In consideration of the written request made by the applicant pursuant to Clause 4.6 of the Manly
Local Environmental Plan 2013, the consent authority is satisfied that compliance with the
development standard contained in Clause 4.4 (Floor Space ratio) of the Manly Local
Environmental Plan 2013 is unreasonable or unnecessary in the circumstances and that there are
sufficient environmental planning grounds to justify contravening the development standard.
That Development Application No. DA192/2016 for alterations and additions to the existing semidetached dwelling including first floor extension, internal alterations, changes to windows and
doors, removal of fireplace and chimney at 3A Cohen Street, Fairlight be Approved subject to the
following conditions:DA1
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15 SEPTEMBER 2016
The development, except where modified by the conditions of this consent, is to be carried out
in accordance with the following plans and reference documentation;
Drawings affixed with Council’s ‘Development Consent’ stamp relating to Development Consent
No. DA192/2016:
Plan No. / Title
02A Site Analysis Plan
06A Proposed Floor Plan
07A Proposed Elevations
08A Proposed Sections
10A Proposed Ceiling and Roof Plan
Issue/
Revision & Date
Issue A 17 July 2016
Issue A 17 July 2016
Issue A 17 July 2016
Issue A 17 July 2016
Issue A 17 July 2016
Date Received
by Council
20 July 2016
20 July 2016
20 July 2016
20 July 2016
20 July 2016
In the event of any inconsistency between the approved plans and supplementary documentation,
the plans will prevail.
Reason: To ensure that the form of the development undertaken is in accordance with the
determination of Council
Reference Documentation affixed with Council’s stamp relating to Development Consent No.
DA192/2016:
 Statement of Environmental Effects prepared by Vaughan Milligan Development
Consulting Pty Ltd dated July 2016 and received by Council 20 July 2016
 BASIX Certificate No. A255261 dated 17 July 2016 and received by Council 20 July 2016
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION
CERTIFICATE
1 (2AP01)
Four (4) copies of architectural drawings consistent with the development consent and associated
conditions are to be submitted to the Council/Accredited Certifier prior to the issue of the
Construction Certificate.
Reason: To comply with the Environmental Planning and Assessment Act 1979.
2 (2CD01)
Pursuant to Section 97 of the Local Government Act, 1993, Council requires prior to the issue of
Construction Certificate, or commencement of any excavation and demolition works, payment of a
Trust Fund Deposit as per the current rates in Council's Fees and Charges. The Deposit is
required as security against damage to Council property during works on the site. The applicant
must bear the cost of all restoration works to Council’s property damaged during the course of this
development. All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
Note:
Should Council property adjoining the site be defective e.g. cracked footpath, broken kerb
etc., this should be reported in writing, or by photographic record, submitted to Council at
least seven (7) days prior to the commencement of any work on site. This documentation
will be used to resolve any dispute over damage to infrastructure. It is in the applicants
interest for it to be as full and detailed as possible.
Where by Council is not the Principal Certifying Authority, refund of the trust fund deposit
will also be dependent upon receipt of a final Occupation Certificate by the Principal
Certifying Authority and infrastructure inspection by Council.
Reason: To ensure security against possible damage to Council property.
3 (2CD05)
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Detailed engineering drawings of all work must be submitted for approval by the
Council/Accredited Certifier prior to the release of the Construction Certificate.
Reason: To ensure the provision of public infrastructure of an appropriate quality arising from the
development works to service the development.
4 (2CD07)
A Certificate of Adequacy signed by a practising structural engineer stating the existing structure is
capable of supporting the proposed additions, is to be submitted to the Council/Accredited Certifier
prior to the issue of the Construction Certificate.
Reason: The existing building must be able to support proposed additional loading.
5 (2MS01)
Where construction or excavation activity requires the disturbance of the soil surface and existing
vegetation, details including drawings and specifications must be submitted to Council
accompanying the Construction Certificate, which provide adequate measures for erosion and
sediment control. As a minimum, control techniques are to be in accordance with Manly Council
Guidelines on Erosion and Sediment Control, or a suitable and effective alternative method. The
Sediment Control Plan must incorporate and disclose:
1) all details of drainage to protect and drain the site during the construction processes,
2) all sediment control devices, barriers and the like,
3) sedimentation tanks, ponds or the like,
4) covering materials and methods, and
5) a schedule and programme of the sequence of the sediment and erosion control works or
devices to be installed and maintained.
Details from an appropriately qualified person showing these design requirements have been met
must be submitted with the Construction Certificate and approved by the Council/Accredited
Certifier prior to issuing of the Construction Certificate.
Reason: To protect the environment from the effects of sedimentation and erosion from
development sites.
6 (2NL04)
Prior to the issue of the Construction Certificate, a Noise and Vibration Management Plan is to be
prepared by a suitably qualified person addressing the likely noise and vibration from demolition,
excavation and construction of the proposed development and provided to Council or the Principal
Certifying Authority.
The Plan is to identify amelioration measures to ensure the noise and vibration levels will be
compliance with the relevant legislation and Australian Standards. The report that itemises
equipment to be used for excavation works. The Plan shall address, but not limited to, the following
matters:
 Identification of activities carried out and associated noise sources
 Identification of potentially affected sensitive receivers, including residences, churches,
commercial premises, schools and properties containing noise sensitive equipment
 Determination of appropriate noise and vibration objectives for each identified sensitive
receiver
 Noise and vibration monitoring, reporting and response procedures
 Assessment of potential noise and vibration from the proposed demolition, excavation and
construction activities, including noise from construction vehicles
 Description of specific mitigation treatments, management methods and procedures to be
implemented to control noise and vibration during construction
 Construction timetabling to minimise noise impacts including time and duration
restrictions, respite periods and frequency
 Procedures for notifying residents of construction activities likely to affect their amenity
through noise and vibration
 Contingency plans to be implemented in the event of non-compliances and/or noise
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complaints. A register should be kept of complaints received, and the action taken to
remediate the issue.
Reason: To protect acoustic amenity of surrounding properties and the public.
7 (2WM02)
A Waste Management Plan is to be submitted with the application prior to a Construction
Certificate being issued in accordance with the Manly Development Control Plan 2013.
The plan should detail the type and estimate the amount of demolition and construction waste and
nominate how these materials will be sorted and dealt with. Weight dockets and receipts must be
kept as evidence of approved methods of disposal and recycling. All demolition and excess
construction materials are to be recycled where ever practicable. It should include consideration of
the facilities required for the ongoing operation of the premises’ recycling and waste management
services after occupation. A template is available from the Manly Council website.
Reason: To plan for waste minimisation, recycling of building waste and on-going waste
management.
CONDITIONS TO BE SATISFIED PRIOR TO ANY COMMENCEMENT
8 (3BM01)
The floor surfaces of bathrooms, shower rooms, laundries and WC compartments are to be of an
approved impervious material properly graded and drained and waterproofed in accordance with
Australian Standard AS 3740. Certification is to be provided to the Principal Certifying Authority
from a licensed applicator prior to the fixing of any wall or floor tiles.
Reason: To prevent the penetration of dampness through walls and floors.
9 (3CD01)
Building work, demolition or excavation must not be carried out until a Construction Certificate has
been issued.
Reason: To ensure compliance with statutory provisions.
10 (3CD02)
Demolition must be carried out by a registered demolition contractor. Documentary evidence of
registration must be submitted to Council prior to the commencement of demolition work.
Reason: To ensure demolition is carried out in an appropriate manner that is non-disruptive to the
locality and the public.
11 (3CD03)
An adequate security fence is to be erected around the perimeter of the site prior to
commencement of any excavation or construction works, and this fence is to be maintained in a
state of good repair and condition until completion of the building project.
Reason: To protect the public interest and safety.
CONDITIONS TO BE COMPLIED WITH DURING DEMOLITION AND BUILDING WORK
12 (4AP02)
A copy of all stamped approved drawings, specifications and documents (including the
Construction Certificate if required for the work incorporating certification of conditions of approval)
must be kept on site at all times so as to be readily available for perusal by any officer of Council or
the Principal Certifying Authority.
Reason: To ensure the form of the development undertaken is in accordance with the
determination of Council, public information and to ensure ongoing compliance.
13 (4CD01)
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All of the following are to be satisfied/complied with during demolition, construction and any other
site works:
1) All demolition is to be carried out in accordance with Australian Standard AS 2601-2001.
2) Demolition must be carried out by a registered demolition contractor.
3) A single entrance is permitted to service the site for demolition and construction. The
footway and nature strip at the service entrance must be planked out.
4) No blasting is to be carried out at any time during construction of the building.
5) Care must be taken during demolition/ excavation/ building/ construction to prevent any
damage to adjoining buildings.
6) Adjoining owner property rights and the need for owner’s permission must be observed at
all times, including the entering onto land for the purpose of undertaking works.
7) Any demolition and excess construction materials are to be recycled wherever practicable.
8) The disposal of construction and demolition waste must be in accordance with the
requirements of the Protection of the Environment Operations Act 1997.
9) All waste on the site is to be stored, handled and disposed of in such a manner as to not
create air pollution (including odour), offensive noise or pollution of land and/or water as
defined by the Protection of the Environment Operations Act 1997. All excavated material
should be removed from the site in an approved manner and be disposed of lawfully to a
tip or other authorised disposal area.
10) All waste must be contained entirely within the site.
11) Section 143 of the Protection of the Environment Operations Act 1997 requires waste to
be transported to a place which can lawfully accept it. All non-recyclable demolition
materials are to be disposed of at an approved waste disposal depot in accordance with
legislation.
12) All materials on site or being delivered to the site are to generally be contained within the
site. The requirements of the Protection of the Environment Operations Act 1997 must be
complied with when placing/stockpiling loose material, disposing of concrete waste, or
other activities likely to pollute drains or water courses.
13) Details as to the method and location of disposal of demolition materials (weight dockets,
receipts, etc.) should be kept on site as evidence of approved methods of disposal or
recycling.
14) Any materials stored on site must be stored out of view or in such a manner so as not to
cause unsightliness when viewed from nearby lands or roadways.
15) Public footways and roadways adjacent to the site must be maintained and cleared of
obstructions during construction. No building materials, waste containers or skips may be
stored on the road reserve or footpath without prior separate approval from Council,
including payment of relevant fees.
16) Building operations such as brick-cutting, washing tools or paint brushes, and mixing
mortar not be performed on the roadway or public footway or any other locations which
could lead to the discharge of materials into the stormwater drainage system.
17) All site waters during excavation and construction must be contained on site in an
approved manner to avoid pollutants entering into waterways or Council's stormwater
drainage system.
18) Any work must not prohibit or divert any natural overland flow of water.
Reason: To ensure that demolition, building and any other site works are undertaken in
accordance with relevant legislation and policy and in a manner which will be non-disruptive to the
local area.
14 (4CD02)
In order to maintain the amenity of adjoining properties, audible site works must be restricted to
between 7.00am and 6.00pm, Monday to Friday and 7.00am to 1.00pm Saturday (including works
undertaken by external contractors). No site works can be undertaken on Sundays or public
holidays.
Unless otherwise approved within a Construction Traffic Management Plan, construction vehicles,
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machinery, goods or materials must not be delivered to the site outside the approved hours of site
works.
Reason: To prevent disturbance to the surrounding community.
15 (4CD03)
Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the
erection or demolition of a building is being carried out, at the rate of one toilet for every 20 person
or part of 20 persons employed at the site, by effecting either a permanent or temporary
connection to the Sydney Water's sewerage system or by approved closets.
Reason: To maintain sanitary conditions on building sites.
16 (4CD07)
Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current
removal licence from Workcover NSW. Before starting work, a work site-specific permit approving
each asbestos project must be obtained from Workcover NSW. A permit will not be granted without
a current Workcover licence.
All removal, repair or disturbance of or to asbestos material must comply with the following:
 The Work Health and Safety Act 2011.
 The Work Health and Safety Regulation 2011.
 How to Safety Remove Asbestos Code of Practice – WorkCover 2011.
The owner or occupier of the premises must consult an appropriately qualified and Australian
Institute of Occupational Hygienists registered professional to undertake an assessment of the site
to determine the potential for contamination. The owner or occupier must develop a management
plan and be issued with Clearance Certificate before the commencement of any work.
Reason: To ensure the health of site workers and the public.
17 (4CD10)
Noise arising from the works must be controlled in accordance with the requirements of the
Protection of the Environment Operations Act 1997 and guidelines contained in the New South
Wales Environment Protection Authority Environmental Noise Control Manual.
Reason: To ensure compliance with legislation and to prevent disturbance to the surrounding
community.
18 (4MS04)
An approved Erosion and Sediment Management plan is to be implemented from the
commencement of works and maintained until completion of the development.
The design and controls addressed in the Sediment and erosion management plan must comply
with the criteria identified in:
 Manly Development Control Plan 2013, Amendment 2, and
 Manly Councils Guidelines for Sediment and Erosion Controls on building sites, 2005, and
 The document “Managing Urban Stormwater: Soils and Construction” Volume 1, 2004.
Reason: To protect the environment from the effects of sedimentation and erosion from
development sites.
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE
19 (5DS01)
Stormwater drainage from the proposed addition/extension must be disposed of to the existing
drainage system. All work is to be carried out in accordance with Council standards and
specifications for stormwater drainage.
Work is to be completed prior to the issue of the Occupation Certificate.
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Reason: To ensure appropriate provision is made for the disposal and management of stormwater
generated by the development, and to ensure infrastructure reverting to Council’s care and control
is of an acceptable standard.
20 (5FR01)
An automatic fire detection and alarm system must be installed in the proposed dwelling in
accordance with the requirements of the Building Code of Australia.
Reason: To comply with the Environmental Planning and Assessment Act 1979.
ONGOING CONDITIONS RELATING TO THE OPERATION OF THE PREMISES OR
DEVELOPMENT
21 (6MS02)
No person shall use or occupy the building or alteration which is the subject of this approval
without the prior issue of an Occupation Certificate.
Reason: Statutory requirement, Environmental Planning and Assessment Act 1979.
22 (6NL01)
Glare from internal lighting is not permitted to extend beyond the limits of the building authorised by
this approval.
Reason: To ensure there is no glare from internal lighting to neighbouring properties and land.
23 (6NL02)
All lights used to illuminate the exterior of the buildings or site must be positioned and/or fitted with
cut off luminaries (baffles) so as to prevent the emission of direct light onto adjoining roadways,
adjoining land, dwellings and waterways.
Reason: To protect the amenity of neighbours and limit the obtrusive effects of outdoor lighting in
public places.
24 (6NL03)
The ongoing use of the premises/property must not give rise to ‘offensive noise’ as defined under
the provisions of the Protection of the Environment Operations Act 1997.
Reason: To ensure compliance with legislation and to protect public health and amenity.
25 (6NL08)
All outdoor lighting must not detrimentally impact upon the amenity of other premises and adjacent
dwellings and must comply with where relevant, Australia Standard AS 1158.3:2005 Lighting for
roads and public spaces – Pedestrian Area (Category P) lighting – Performance and design
requirements and Australian Standard AS 4282:1997 Control of the obtrusive effects of outdoor
lighting.
Reason: To protect the amenity of adjoining properties.
26 (6WM10)
The operation of the premises must be conducted in a manner that does not pollute waters as
defined by the Protection of the Environment Operations Act, 1997.
Reason: To ensure compliance with legislation and to protect public health and amenity.
For the Decision:
Stein, Lynch, McDonald and Metherell
Against the Decision:
Nil
*******
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CLOSE
The meeting closed at 10.35am
The meeting moved into a closed session to consider the above items:
The closed session began at 10.40am
The closed session ended at .1.18pm
The above minutes were confirmed at an Northern Beaches Independent Assessment Panel South of Northern Beaches Council held on 15 September 2016.
____________________
CHAIR
********* END OF MINUTES *********
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