BUILDING & DEVELOPMENT COMMITTEE
MEETING
MINUTES OF THE MEETING OF THE BUILDING & DEVELOPMENT
COMMITTEE held at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street,
Burwood on Monday, 19 August 2013 commencing at 6.00pm.
ATTENDANCE
Councillor Tony Doueihi
Councillor Lesley Furneaux-Cook
Councillor George Mannah
Councillor Justin Taunton
Councillor Ernest Wong (Chair)
Mr M McMahon, General Manager
Mr B Macdonnell, Deputy General Manager Land, Infrastructure and
Environment
Ms Y Tome, Acting Governance Co-ordinator
OPENING OF MEETING
The Chair opened the meeting with a prayer.
APOLOGIES
D.8/13
RESOLVED (Carried Unanimously)
That an apology be granted to Councillors Sally Deans and John Faker.
(Moved Councillor George Mannah/Seconded Councillor Justin Taunton)
DECLARATIONS OF INTEREST
There were no declarations of interests by Councillors.
DECLARATIONS OF POLITICAL INTEREST
There were no declarations of political interests by Councillors.
CONFIRMATION OF MINUTES
D.9/13
RESOLVED (Carried Unanimously)
That the minutes of the Building and Development Committee of Burwood held on Monday
11 June 2013, as circulated, be confirmed and signed as a true record of the proceeding of
the meeting.
(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Tony Doueihi)
This is page 1 of the Minutes of the Building & Development Committee Meeting of
Burwood Council held on 19 August 2013
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19 AUGUST 2013
ADDRESS BY THE PUBLIC ON AGENDA ITEMS
Name
Item
Mr R Benson
32 Roberts Street
Strathfield
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Ms Kathleen Lamoureux
23 Roberts Street
Strathfield
Ms Marie Moll and Sam Toutsis
20 Roberts Street
Strathfield
Mr Robert Montanari
17 Roberts Street
Strathfield
Ms Catherine Obuchova
9/14 Roberts Street
Strathfield
Mr Nabil Abdalla
2/14-18 Roberts Street
Strathfield
Mr Rex and Mrs Maureen
Fernandes
9 Roberts Street
Strathfield
Ms Connie Tsokas
11A Roberts Street
Strathfield
Mr Y M Ng
4/14-18 Roberts Street
Strathfield
Mr Philip Thalis
Architect
Level 5, 68 - 72 Wentworth
Avenue Surry Hills 2010
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Burwood Council held on 19 August 2013
Ag
MINUTES OF BUILDING & DEVELOPMENT COMMITTEE MEETING
Mr Frank Ianneli
29 Roberts Street
Strathfield
Mr Garry Chapman
Architect
4/3 The Postern
Castlecrag - NSW - 2068
Mr Ningyi An
Unit 55
320A-338 Liverpool Road
Enfield
19 AUGUST 2013
Item D.6/13 10-12 Roberts Street, Strathfield –
Demolition of existing dwellings and erection of a 4
storey boarding house, consisting of 43 rooms and
a manager’s room over basement car parking –
Development Application No. 34/2013
Item D.7/13 3A Byer Street, Enfield – Construction
of a 7 storey residential flat building, consisting of
24 units over 3 basement car parking levels –
Development Application D174/2012
Item D.7/13 3A Byer Street, Enfield – Construction
of a 7 storey residential flat building, consisting of
24 units over 3 basement car parking levels –
Development Application D174/2012
COUNCILLOR TONY DOUEIHI LEFT THE MEETING AT 6:46PM
COUNCILLOR TONY DOUEIHI RETURNED TO THE MEETING AT 6:47PM
DEVELOPMENT APPLICATIONS
(ITEM D.6/13) 10-12 ROBERTS STREET, STRATHFIELD - DEMOLITION OF EXISTING
DWELLINGS AND ERECTION OF A 4 STOREY BOARDING HOUSE, CONSISTING OF
43 ROOMS AND A MANAGER'S ROOM OVER BASEMENT CAR PARKING DEVELOPMENT APPLICATION NO. 34/2013
Applicant:
Location:
Zoning:
File No: 13/28302
Oxford Street Properties Pty Ltd
Eastern side of Roberts Street, between Parramatta Road and
Cooper Street , Strathfield
General Residential R1 – Burwood LEP 2012
Proposal
The application proposes to demolish the two existing single storey dwellings and construct
a four storey boarding house, with 43 double rooms (including six assessable rooms) and a
manager’s room, under the State Environmental Planning Policy (Affordable Rental
Housing) 2009 – (AHSEPP). The basement car parking level has parking for 13 car spaces
(including two accessible spaces), motorcycle and bicycle spaces, and storage areas. The
basement driveway is located on the northern end of the site.
D.10/13
RESOLVED (Carried)
A.
That Council assume the concurrence of the Director-General of NSW Planning,
pursuant to the provisions of clause 4.6 of BLEP 2012, to vary the maximum building
height by 1.1m for DA 34/2013 at No. 10-12 Roberts Street, Strathfield, as compliance
with the development standard is considered unreasonable and unnecessary in this
instance, and that variation does not raise any matter of significance for state or
regional environmental planning.
B.
That DA 34/2013 for demolition of the existing cottages, and construction of a four
storey boarding house, consisting of 43 double boarding rooms and a manager’s
room, over basement car parking, at No. 10-12 Roberts Street, Strathfield, be
approved, subject to the following conditions:
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Conditions of Approval
(1)
The development being carried out in accordance with plans and documentation
submitted as follows, except where amended by the conditions of consent:





Architectural Plan Drawing Nos. DA 1.11C, DA 2.00C, DA 2.11G, DA
2.12E, DA 2.13C, DA 3.10E, DA 3.11E, DA 3.20E, DA 3.31E, DA 3.40D,
DA 4.11D, prepared by Hill Thalis Architecture and Urban Projects Pty Ltd.
Landscape Plan Drawing No. LS01C, prepared by Melissa Wilson,
Landscape Architect.
Stormwater Concept Plan Drawing Nos. D00A, D01B, D02C, D03A,
prepared by Australian Consulting Engineers Pty Ltd.
Waste Management Plan received by Council on 21 March 2013.
New Generation Boarding House Management Plan prepared by R.
Pignataro and received on 18 June 2013.
FEES
(1)
The fees and/or bonds shown in the Table of Fees, are to be paid to Council or
another approved collection agency (the Long Service Levy Corporation and its
agents and an approved insurer under the Home Building Act 1989) and suitable
evidence of payment is to be provided to the Principal Certifying Authority prior
to the issuing of a Construction Certificate.
(2)
Building and Construction Industry Long Service Corporation Levy $9,695.00
(Payment to be made to Council, the Corporation or its Agent)
(3)
Damage Deposit - security deposit against damage occurring to Council's assets
(footpath, road, stormwater drainage system, kerb and gutter, etc) during
building work $20,100.00 (Payment to be made to Council as a bond prior to
issue of a Construction Certificate and/or commencement of
demolition/bulk excavation)
Note: This deposit is refundable if no damage occurs.
(4)
Construction by the Applicant and connection to Council’s stormwater drainage
works $25,000.00 (Payment to be made to Council as a bond)
(5)
If Council is nominated as the Principal Certifying Authority (PCA) an
inspection fee is to be paid.
This fee is for 9 inspections at the rate listed in Council’s current Schedule of
Fees and Charges. Any additional inspections, including re-inspections, shall be
levied and paid to Council upon booking of an appointment at the rate listed in
Council’s current Schedule of Fees and Charges
(Payment to be made to Council).
(6)
Pursuant to Section 94A of the Environmental Planning and Assessment Act
1979 and the Section 94A Contributions Plan for outside the Burwood Town
Centre, the following monetary contribution towards public services and
amenities is required:
Contribution Element
Contribution
A levy of 1% of the cost of carrying out the $27,691.70
development, where the cost calculated and agreed
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by Council is $2,769,170.00
Index Period
June 2013
CPI1
103.1
Office Use: T56
The above contribution will be adjusted at the time of payment. Applicants
are advised to contact Council for the adjusted amount immediately prior
to arranging payment.
The contribution will be adjusted in accordance with the following formula:
Contribution (at time of payment) = C x CPI2
CPI1
Where:
C:
the original contributions amount as shown in the development consent;
CPI2 the Consumer Price Index: All Groups Index for Sydney, for the immediate
past quarter (available from the Australian Bureau of Statistics at the time
of payment)
CPI1 the Consumer Price Index: All Groups Index for Sydney, applied at the
time of granting the development consent as shown on the development
consent.
Note: The minimum payment will not be less than the contribution amount stated
on the consent.
The contribution is to be paid to Council, or evidence that payment has been
made is to be submitted to the Principal Certifying Authority, prior to the
issuing of a Construction Certificate.
Council may accept works in kind or other material public benefits in lieu of the
contribution required by this condition subject to and in accordance with the
requirements specified in the Section 94A Contributions Plan for Burwood Town
Centre.
Note: Credit cards and personal cheques are not accepted for the payment of
Section 94A contributions.
PLANNING
(1)
The four storey boarding house development is to consist of 43 double rooms, a
manager’s room and basement car parking, with a floor space ratio of 1.43:1.
(2)
The street and side façades of the building are to be given a variation in finishes
and colour tones to enhance the building, to Council’s satisfaction. The finishes
and colours are to be provided to Council, prior to the issue of a Construction
Certificate.
(3)
The exhaust ventilation system of the basement is to be an integral part of the
building and is not to be located between the building and/or boundaries.
(4)
All external services including air conditioning units, electrical or gas water
heaters, meters, equipment, conduits, drainage and water pipes, are to be
located in recessed enclosures within the external walls and are not to be visible
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from the public domain area or road.
(5)
All windows and door openings to have a corbelled header and still courses or,
alternatively, have varying colour tone brick heads and sills. The brickwork
colour tones are to be approved by Council.
(6)
All windows and sliding doors are to be provided with key operated locks as a
crime prevention measure and for security of future residents.
(7)
All works are to be located within the site boundaries. Any damage to adjoining
properties are to be made good and reinstated.
(8)
The maximum height of the roof/parapet is not to exceed AHD(RL)32.30.
(9)
Safety and security night lighting being provided for the development with such
details being incorporated in the amended landscape plan to be submitted to
Council for approval prior to the issue of the Construction Certificate.
(10) All common boundary
builder/developer.
fencing
are
to
be
the
responsibility
of
the
(11) The fencing details to Roberts Street are to be submitted to Council for approval
prior to the issue of a Construction Certificate.
(12) All excavated embankments are to be adequately retained to avoid subsidence
of adjoining properties.
(13) The vehicle driveway from the Roberts Street boundary to the basement entry, is
to be treated with a variation of paving for a visual break, with details of
materials being submitted to Council for consideration.
(14) The landscaping of the site being carried out in accordance with the approved
landscape plan prior to the issue of an Occupation Certificate. The
landscaping is to be maintained at all times following its installation. Any trees
planted as part of the approved landscape plan shall have a minimum 45 litre
container size.
(15) The applicant consulting with Energy Australia to determine the need for an
electrical supply isolation junction box within the front landscaped area and if
such installation is required, it being set back at least one metre from the front or
side boundary to enable adequate landscape planting to be provided to screen
such installation. The location of such installation is to be shown on the
landscaping plan for approval of this Council and Energy Australia, prior to the
issue of a Construction Certificate.
(16) All external lighting is to be designed and installed in a manner which prevents
glare and/or spillage having an adverse impact on occupants of adjacent
properties.
(17) Samples and details of all external surface materials being submitted for
Council’s approval, prior to the issuing of a Construction Certificate.
(18) The noise emitted by the air-conditioning equipment being inaudible in your
neighbours’ homes between 10pm and 7am weekdays and 10pm to 8am on
weekends and public holidays.
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(19) Prior to the issuing of an Occupation Certificate, Council is to receive a
payment of pro-rata fees for and receipt from Council of mobile garage bins for
the development.
(20) A minimum of five accessible rooms are to be provided in the development,
designed and furnished in accordance with Australian Standards (AS).
(21) All external balustrades are to be of solid construction or of opaque glazing, and
to have a minimum height of 1.2m measured from the balcony/terrace floor level.
This height is to be satisfied notwithstanding the minimum 1m height identified in
the Building Code of Australia (BCA).
(22) (a)
Provision of sliding vertical lourved privacy/solar protection screens to a
minimum 35% of the balcony length along the western facade of the
building.
(b)
1.8m high privacy screens are to be provided to the southern edges of
balconies and walkways, located on the southern façade of the building.
(23) The applicant is to contact the Energy Authority in regard to the close proximity
of the existing electric power pole to the driveway, and if required relocate the
pole to the Energy Authority’s requirements, and all at the applicant’s cost. The
Energy Authority’s written approval and decision in regard to the pole is to be
submitted to Council, prior to the issue of a Construction Certificate.
(24) The existing sign adjacent the driveway shall be relocated accordingly to
Council’s satisfaction, and at the applicant’s cost.
(25) The roof shall be pre-finished and non-reflective to avoid reflection and glare.
(26) Compliance with the recommendations of Burwood Local Area Command (NSW
Police Force) as follows:
(a)
Use of duplication prohibited keys shall only occur with a bond to ensure
return of keys and to avoided ex-residents returning and committing theft
or malicious damage to existing tenants’ property and the boarding house
facilities.
(b)
Provide swipe-card technology for common areas to avoid keys being lost,
stolen or duplicated.
(c)
CCTV shall be installed at the entry and exit points, and in common areas.
CCTV shall be turned on and maintained in good working order at all
times. Imagery from CCTV shall be kept for a minimum period of fourteen
days and shall be made available to Police upon request at any time.
(d)
Damaged or unregistered vehicles shall not be housed in the common
parking areas of the property as they attract hoarding and malicious
damage to the area.
(e)
Residents must inform the manager of the registration of their vehicles for
easy identification of vehicles to owners. This information should be
recorded along the tenant’s details.
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(f)
(27) (a)
(b)
19 AUGUST 2013
A bike rack shall be installed for residents to secure their bikes and avoid
theft.
All windows to bathrooms are to have obscured translucent glazing.
Windows on the southern façade are to have a minimum 1.5m sill height,
or alternatively have fixed obscured translucent glazing to a minimum
height of 1.5m above the finished floor level.
(28) Compliance with the maximum tariffs that a boarding house may charge, in
accordance with Section 516 (1A) Local Government Act 1993.
(29) Only one (1) external sign is permitted for the boarding house. The sign is
limited to a maximum area of 0.3m² and its location is to be identified and
submitted to Council for approval, prior to the issue of a Construction
Certificate.
TREE RETENTION AND PROTECTION
(1)
Council’s street tree (No. T1 on the Landscape Plan, Drawing No. LS01,
prepared by Melissa Wilson), may be removed and replaced with a Tibouchina
Granulosa ‘Alstonville’ planted from a minimum container size of 45 litre volume.
The tree removal and planting works shall be carried out by a suitability qualified
contractor, commissioned by the applicant at their expense.
(2)
Council street tree No. T2 and tree Nos. T3 and T5 on the southern boundary of
the site are to be retained and protected. Tree protection measures are to be
implemented, in accordance with the Australian Standard AS4970 (Protection of
trees on Development Site 2009). This includes the erection of a 1.8m high
chain link fence around each tree as detailed in section 4.3 of AS4970. All tree
protection fences must be erected prior to the commencement of demolition/bulk
excavation and must remain in place, and maintained, until an Occupation
Certificate is issued by Council.
ENVIRONMENT AND HEALTH
(1)
The premises are to comply with State Environmental Planning Policy
(Affordable Rental Housing) 2009 and Councils Development Control Plan
(DCP) 2013 Shared Accommodation.
(2)
The premises are to be operated and maintained in accordance with the
Boarding House Act 2012 and the Local Government (General) Regulation
2005, Schedule 2, Part 1 Standards for places of shared accommodation
(3)
The Premises are to be managed in accordance with the Plan of Management
prepared by Strathfield Partners Real Estate, dated 18 June 2013.
(4)
The premises are to be registered with Council on an annual basis and will be
subject to annual inspection by Council.
(5)
The use of the premises, building services, equipment, machinery and ancillary
fittings shall not give rise to “offensive noise” as defined under the provision of
the Protection of the Environment Operation Act 1997. The sound level output
shall not exceed 5 dB(A) above the ambient background level at the received
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boundary.
(6)
A sign is to be displayed in a conspicuous location near the entrance of the
boarding house showing a schedule and floor plans, indicating the exit locations,
fire services and numeral designating each bedroom and the location throughout
the boarding house and the number of persons to be accommodated in each
bedroom.
(7)
Each bedroom must be clearly numbered in proper sequential order.
(8)
A sign shall be displayed on the door in each bedroom of the boarding house
indicating the exit locations and location of fire services.
(9)
Unit 101, 112, 201, 212, and 312 are to be adaptable units designed and
constructed to accommodate persons with disabilities and provided with toilet
and bath/shower room facilities which comply with parts D and F of the Building
Code of Australia and Australian Standards; AS 2890 and AS 1428.
(10) Lighting and ventilation is to be provided through the boarding house in
accordance with the requirements of the Building Code of Australia.
(11) Each bedroom of the boarding house is to be provided with sufficient storage
and furnishing that include the following:
(a) Bed (including base, mattress and linen)
(b) Wardrobe
(c) Mirror
(d) Table and chair
(e) A night light or other approved illumination device for each bed
(f)
Waste container
(g) An approved latching device on the door
(h) Curtains, blinds, or similar privacy device
(12) Bed linen (including bedding, sheets, pillows and blankets etc) are to be
sufficient in supply in order to allow for changes once weekly or more frequently
where necessary.
(13) Laundry space and facilities are to be provided in accordance with the provisions
of Councils DCP 2013 - Shared Accommodation for the number of persons to be
accommodated at the boarding house.
(14) Walls between bedrooms and any communal areas are to be acoustically
treated in order to minimise noise intrusions.
(15) Location and placement of any air conditioning units is to comply with the
Burwood Local Environmental Plan 2012 (Exempt Development).
(16) All parts of the premises and all appurtenances (including furniture, fittings,
bedsteads, beds and bed linen) must be kept in a clean and healthy condition
and free vermin.
(17) The boarding house inclusive of all bed/sleeping rooms including the
manager/operator room is only approved to accommodate eighty eight (88)
persons as follows:-
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Ground Floor (16 persons)
Room G02 – two (2) persons
Room G03 – two (2) persons
Room G04 – two (2) persons
Room G05 – two (2) persons
Room G06 - two (2) persons
Room G07 – two (2) persons
Room G08 – two (2) persons
Room G09 – two (2) persons – (manager/operator)
Level 1 (24 persons)
Room 101 – two (2) persons – (accessible Unit)
Room 102 – two (2) persons
Room 103 – two (2) persons
Room 104 – two (2) persons
Room 105 – two (2) persons
Room 106 - two (2) persons
Room 107 – two (2) persons
Room 108 – two (2) persons
Room 109 – two (2) persons
Room 110 – two (2) persons
Room 111 – two (2) persons
Room 112 – two (2) persons – (accessible Unit)
Level 2 (24 persons)
Room 201 – two (2) persons – (accessible Unit)
Room 202 – two (2) persons
Room 203 – two (2) persons
Room 204 – two (2) persons
Room 205 – two (2) persons
Room 206 - two (2) persons
Room 207 – two (2) persons
Room 208 – two (2) persons
Room 209 – two (2) persons
Room 210 – two (2) persons
Room 211 – two (2) persons
Room 212 – two (2) persons – (accessible Unit)
Level 3 (24 persons)
Room 301 – two (2) persons
Room 302 – two (2) persons
Room 303 – two (2) persons
Room 304 – two (2) persons
Room 305 – two (2) persons
Room 306 - two (2) persons
Room 307 – two (2) persons
Room 308 – two (2) persons
Room 309 – two (2) persons
Room 310 – two (2) persons
Room 311 – two (2) persons
Room 312 – two (2) persons – (accessible Unit)
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Waste Management
(1)
Each room is to be provided with a waste cupboard or other storage area which
is of sufficient size to hold a single day’s waste and to enable source separation
of general waste, recyclables and compostable materials.
(2)
Waste shall be cleared from all residential and common areas on a regular basis
and in accordance with the provisions of the Plan of Management for the
premises.
(3)
All garbage and recyclable materials emanating from the premises must be
stored in the designated waste storage area. The waste storage area must be:
(a)
Provided with a hose tap connected to the water supply
(b)
Supplied with both hot and cold water
(c)
Paved with impervious floor materials
(d)
Coved at the intersection of the floor and the walls
(e)
Graded and drained to a waste disposal system in accordance with the
requirements of the relevant regulatory authority (Sydney Water)
(f)
Adequately ventilated (mechanically or naturally) so that odour emissions
do not cause offensive odour as defined by the Protection of the
Environment Operations Act 1997
(4)
Waste and recycling bins shall be kept in a clean and hygienic condition. Bins
are to be washed regularly within the garbage storage room with any waste
water being discharged to the sewer by way of the grated drain.
(5)
Garbage and recycling bins shall only be placed on the footpath for collection
the evening before the scheduled collection day and shall be returned to the
waste storage area on the same day following collection.
(6)
The occupier of the premises is to enter an agreement with registered waste
company or provider for the regular collection of all waste and recyclable
material generated from the premises.
SUB DIVISION
(1)
The two allotments are to be consolidated into one lot under one title. The plan
of consolidation shall be registered prior to the issue of an Occupation
Certificate, and copies submitted to Council.
BUILDING
(1)
Fire Resistance Levels of all structural members, including external and internal
walls, spandrels, external and internal columns, lift shafts and stair shafts,
ventilation, pipe and like shafts, floors and roofs shall comply with the
requirements of Specification C1.1 of the Building Code of Australia. Details of
the method of achieving this must be noted on the plans or in the specifications
prior to the issuing of a Construction Certificate.
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(2)
All materials used in the building must comply with early fire hazard criteria of
Specification C1.10 of the Building Code of Australia.
(3)
Prior to the commencement of building work, the following is to be carried out:(a)
Submit to Council a “Notice of Intention to Commence Building Work and
Appointment of a Principal Certifying Authority” form. Council's “Notice of
Intention to Commence Building Work and Appointment of a Principal
Certifying Authority” form is to be used where application is made to
Council.
(b)
Ensure detailed plans and specifications of the building are endorsed with
a Construction Certificate by Council or an Accredited Certifier. Council's
“Construction Certificate Application” form is to be used where application
is made to Council. Copies are available on request.
(Vide Section 81A Environmental Planning & Assessment Act 1979)
(4)
A “Section 73 Compliance Certificate” under the Sydney Water Act 1994 must
be obtained from Sydney Water Corporation. Make early application for the
certificate, as there may be water and sewer pipes to be built and this can take
some time. This can also impact on other services and building, driveway or
landscape design.
Application must be made through an authorised Water Servicing Coordinator.
For assistance either visit www.sydneywater.com.au > Building and developing
> Developing your Land > Water Servicing Coordinator or telephone 13 20 92.
The Section 73 Certificate must be submitted to the Principal Certifying Authority
prior to the issuing of an Occupation Certificate.
(5)
Means of egress complying with Section D of the Building Code of Australia.
Details of the method of achieving this must be noted on the plans or in the
specifications prior to the issuing of a Construction Certificate.
(6)
The building being provided with both access and sanitary facilities for people
with disabilities. The sanitary facilities are to be provided in accordance with
F2.4 of the Building Code of Australia (BCA) and are to comply with the
requirements of Clause 10 of AS 1428.1-2009.
Access is to be provided to and within the building so as to comply with all the
requirements of Part D3 of the BCA and the relevant provisions of AS 1428.12009, in particular:(a)
Access is to be provided from the allotment boundary at the point of entry
from a road to the entrance floor.
(b)
Access is to be provided through the principal public entrance.
(c)
Suitable identification signs and/or symbols, as well as necessary
directional signs, incorporating the symbol for access by disabled people,
being provided to comply with Clause 14 of AS 1428.1-2009.
(d)
Attention is directed to Clause 7 of AS 1428.1-2009 in respect of the clear
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circulation space required to doorways.
(e)
Access is to be provided from any car parking space which is required to
be provided by D3.5 of the BCA.
(f)
A car parking space required to be provided by D3.5 of the BCA, is to be
identified, on the floor and behind the space, for use by disabled people
and a series of signs are to be provided from the driveway entrance to
indicate the location of the space.
(g)
Required stairways complying with the requirements of Clause 9 of AS
1428.1-2009.
(h)
The step at the front door being reduced to nil at the threshold by the
provision of a short ramp (450 mm maximum length and 1:8 maximum
gradient) to facilitate access for disabled people.
Details of the method of achieving this must be noted on the plans or in the
specifications prior to the issuing of a Construction Certificate.
(7)
A Fire Safety Certificate (copies available from Council) is to be given to the
Principal Certifying Authority prior to applying for an Occupation Certificate
(Interim or Final) and thereafter once in every 12 month period an Annual Fire
Safety Statement is to be given to Council. The certificate and statement attest
to both the inspection of all essential fire safety measures by a suitably qualified
person and to the regular maintenance of the fire safety measures. A copy of the
Fire Safety Certificate and the Fire Safety Schedule are to be given to the
Commissioner of Fire and Rescue NSW by the building owner and copies of
these documents are to be prominently displayed in the building. Similarly
copies of Annual Fire Safety Statements are also to be given to the
Commissioner and displayed in the building.
(Vide clause 153 & Division 3 of the Environmental Planning & Assessment
Regulation 2000)
(8)
Toilet facilities are to be provided at, or in the vicinity of the work site, at the rate
of one toilet for every 20 persons or part of 20 persons employed at the site.
Each toilet provided:
(a)
must be a standard flushing toilet, and
(b)
must be connected:
(i)
to a public sewer, or
(ii) to an approved chemical closet facility.
The toilet facilities are to be completed before any other work is commenced.
(9)
All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
(10) If an excavation associated with the erection or demolition of a building extends
below the level of the base of the footings of a building on an adjoining allotment
of land, the person causing the excavation to be made:
(a)
must preserve and protect the building from possible damage, and
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(b)
if necessary, must underpin and support the building in an approved
manner, and
(c)
must, at least 7 days before excavation below the level of the base of the
footings of a building on an adjoining allotment of land, give notice of
intention to do so to the owner of the adjoining allotment of land and
furnish particulars of the excavation to the owner of the building being
erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the cost
of work carried out for the purposes of this condition, whether carried out on the
allotment of land being excavated or on the adjoining allotment of land.
Allotment of land includes a public road and any other public place.
(11) If the work involved in the erection or demolition of a building:
(a)
is likely to cause pedestrian or vehicular traffic in a public place to be
obstructed or rendered inconvenient, or
(b)
building involves the enclosure of a public place.
A hoarding or fence must be erected between the work site and the public place.
If necessary, an awning is to be erected, sufficient to prevent any substance
from, or in connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be
hazardous to persons in the public place.
Any such hoarding, fence or awning is to be removed when the work has been
completed.
(12) No work being carried out other than between the hours of 7:00am – 5:30pm
Monday to Fridays and 7:00am – 1:00pm on Saturdays, with no work at all being
carried out on Sundays and Public Holidays.
(13) Hours of work shall be from 7:00am to 5:30pm Mondays to Fridays inclusive,
and from 7:00am to 1:00pm Saturdays. No work shall be carried out on Sundays
or Public Holidays. The owner/builder shall be responsible for the compliance of
this condition by all sub-contractors, including demolishers.
(14) The approved structure shall not be used or occupied unless an Occupation
Certificate (being a Final Certificate or an Interim Certificate) as referred to in
section 109C(1)(c) of the Environmental Planning & Assessment Act 1979 has
been issued.
(Vide Section 109M Environmental Planning & Assessment Act 1979)
(15) The building works are to be inspected during construction by the Principal
Certifying Authority or an appropriate Accredited Certifier authorised by the
Principal Certifying Authority at the stages of construction listed in the following
schedule. The Principal Certifying Authority must be satisfied that the
construction satisfies the standards specified in the Building Code of Australia or
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in this approval before proceeding beyond the relevant stage of construction.
SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION
 After excavation for, and prior to the pouring of, any footings;

Prior to pouring any in-situ reinforced concrete building element;

Prior to covering of the framework for any floor, wall, roof or other building
element;

Prior to covering waterproofing in any wet areas;

Prior to covering any stormwater drainage connections; and

After the building work has been completed and prior to any Occupation
Certificate being issued in relation to the building.
(16) Structural Engineer details prepared and certified by a practicing Structural
Engineer for all reinforced concrete and structural members being submitted to
the Principal Certifying Authority for approval prior to the issuing of a
Construction Certificate.
(17) Framed panels or doors enclosing or partially enclosing a shower or bath shall
be glazed with "A" or "B" grade safety glazing material in accordance with
Australian Standard 1288, Table 4.5, SAA Glass Installation Code (Human
Impact Considerations).
(18) Safety glazing complying with B1.4 of the Building Code of Australia must be
used in every glazed door or panel that is capable of being mistaken for a
doorway or unimpeded path of travel. The glazing must comply with Australian
Standard 1288 - Glass in Buildings - Selection and Installation.
Should an alternative method of complying with B1.4 of the Building Code of
Australia be proposed, please submit details to the Council for approval prior to
installation. Such details are to show compliance with the performance
provisions under BP1.3 of the Building Code of Australia.
DEMOLITION
(1)
Demolition of the building is to be carried out in accordance with the
requirements of Australian Standard AS 2601 – 2001, where applicable.
(2)
All material in the building which contains asbestos is to be removed in
accordance with the guidelines of the WorkCover Authority and the requirements
of the Environmental Protection Authority.
(3)
Hours of demolition work shall be from 7:00am to 5:30pm Mondays to Fridays
inclusive, and from 7:00am to 1:00pm Saturdays. No demolition work shall be
carried out on Sundays or Public Holidays. The owner/builder shall be
responsible for the compliance of this condition by all sub-contractors, including
demolishers.
(4)
Access to the site is to be restricted and the site is to be secured when
demolition work is not in progress or the site is otherwise occupied.
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(5)
The demolition site is to be provided with measures to mitigate against dust
nuisances arising on adjoining sites and roadways. To achieve this, a fence or
barrier is to be erected around the site. The construction may be steel mesh
which is covered with a suitable filtering medium or such other construction
acceptable to Council. An effective program of watering the site is also required
to be maintained.
(6)
Prior to commencement of any site works, all trees identified in the landscape
plan to be retained, shall be enclosed by protective fencing to prevent them from
being damaged during the construction period.
(7)
Temporary measures shall be provided during demolition, excavation and/or
construction to prevent sediment and polluted waters discharging from the site.
(a)
An erosion and sediment control plan showing such measures shall be
prepared by a competent practicing hydraulic/civil engineer in accordance
with Supplement 10 of Council's Stormwater Management Code.
(b)
The erosion and sediment control plan is to be reviewed by Council or an
Accredited Certifier - Civil Engineering. The Principal Certifying Authority is
to be provided with a Compliance Certificate verifying that this condition
has been complied with, prior to the commencement of demolition
work.
(8)
All demolition and excavation materials are to be removed from the site or
disposed of on site using methods that comply with relevant environmental
protection legislation.
(9)
All excavations and backfilling associated with the erection or demolition of a
building shall be carried out in a safe and careful manner and in accordance with
appropriate professional standards. All necessary planking and strutting shall be
sufficient strength to retain the sides of excavations. A Compliance Certificate
verifying the suitability of Structural Details of proposed shoring are to be
submitted to the Principal Certifying Authority before excavating.
(10) All excavations associated with the erection or demolition of the building are to
be properly guarded and protected to prevent them from being dangerous to life
or property.
(11) If an excavation associated with the erection or demolition of a building extends
below the level of the base of the footings of a building on an adjoining allotment
of land, the person causing the excavation to be made:
(a)
must preserve and protect the building from damage, and
(b)
if necessary, must underpin and support the building in an approved
manner, and
(c)
must, at least 7 days before excavation below the level of the base of the
footings of a building on an adjoining allotment of land, give notice of
intention to do so to the owner of the adjoining allotment of land and
furnish particulars of the excavation to the owner of the building being
erected or demolished.
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The owner of the adjoining allotment of land is not liable for any part of the cost
of work carried out for the purposes of this clause, whether carried out on the
allotment of land being excavated or on the adjoining allotment of land.
Allotment of land includes a public road and any other public place.
(12) Dilapidation surveys are to be carried out by a Practicing Structural Engineer,
which is to include a full photographic record of the exterior and interior of the
buildings at the applicants/owners expense on all premises adjoining the site
and the survey is to be submitted to Council and the adjoining land owners prior
to the commencement of any works. A further dilapidation survey is also to be
carried out and submitted to Council and the adjoining owners prior to the
issuing of an Occupation Certificate. The dilapidation surveys shall be dated
accordingly.
ASBESTOS CEMENT REMOVAL
(1)
A WorkCover licensed contractor must undertake removal of more than 10
square metres of any bonded asbestos. Removal of any friable asbestos must
only be undertaken by a contractor that holds a current friable asbestos removal
licence.
(2)
Removal of any asbestos must be undertaken in compliance with the
requirements of WorkCover. Refer to their publication “Your Guide to Working
with Asbestos.”
(3)
Demolition sites that involve the removal of any asbestos must display a
standard commercially manufactured sign containing the words “DANGER
ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x
300mm erected in a prominent visible location at the site to the satisfaction of
Council Officers. The sign is to be erected prior to the commencement of
demolition works and is to remain in place until such time as all asbestos has
been removed from the site to an approved waste facility. This will ensure
compliance with Clause 469 of the Work Health and Safety Regulation 2011.
(4)
All asbestos waste must be stored, transported and disposed of in compliance
with the Protection of the Environment Operations (Waste) Regulation 2005.
(5)
All asbestos laden waste must be disposed of at an approved waste disposal
depot (Refer to the Office of Environment and Heritage or Waste Service NSW
for details of sites).
(6)
Written notice must be provided to Council and adjoining neighbours at least two
working days prior to commencement of any works.
Such written notice is to include the following details:


Date of asbestos removal; and
Name, address contact details (including after hours contact telephone
number) and WorkCover licence number of the asbestos removal
contractor.
Work is not to commence prior to the nominated date.
(7)
All asbestos cement sheeting must be removed prior to the commencement of:
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(a)
19 AUGUST 2013
Brick veneering or re-cladding of any building where the existing walls to
be covered are clad with asbestos cement
or
(b)
Construction work where the new work abuts existing asbestos cement
sheeting and/or where existing asbestos cement sheeting is to be altered
or demolished
ENGINEERING
(1)
Stormwater runoff from all roof and paved surfaces shall be collected and
discharged by means of a gravity pipe system to the nearest appropriate Council
drainage line.
(2)
A detailed drainage design shall be submitted to the Principal Certifying
Authority.
(3)
(a)
The design and calculations shall indicate the details of the proposed
method of stormwater disposal and shall be prepared by a competent
practicing hydraulic/civil engineer in accordance with Council's Stormwater
Management Code.
(b)
Allowance shall be made for surface runoff from adjacent properties, and
to retain existing surface flow path systems through the site. Any
redirection or treatment of these flows shall not adversely affect any other
property.
(c)
Overflow paths shall be provided to allow for flows in excess of the
capacity of the pipe/drainage system draining the site, as well as from any
on-site stormwater detention storage.
(d)
The design is to be reviewed by Council or an Accredited Certifier - Civil
Engineering prior to the issuing of a Construction Certificate.
Details and calculations shall be prepared by a competent practicing
Hydraulic/Civil Engineer. They shall include:
(a)
a catchment plan
(b)
plans showing proposed and existing floor, ground and pavement levels to
Australian Height Datum (AHD)
(c)
details of pipelines/channels showing calculated flows, velocity, size,
materials, grade, invert and surface levels
(d)
details and dimensions of pits and drainage structures
(e)
hydrologic and hydraulic calculations
(f)
details of any services near to or affected by any proposed drainage line
(g)
any calculations necessary to demonstrate the functioning of any proposed
drainage facility is in accordance with Council's requirements
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(h)
19 AUGUST 2013
the depth and location of any existing stormwater pipeline and/or channel
being connected to shall be confirmed by the applicant on site.
Certification of such is to be provided to Council prior to the release of the
construction certificate
The details and calculations are to be reviewed by Council or an Accredited
Certifier - Civil Engineering, prior to the issuing of a Construction Certificate.
(4)
(5)
On-site stormwater detention storage shall be provided in conjunction with the
stormwater disposal system.
(a)
This storage shall be designed by a competent practicing Hydraulic/Civil
Engineer in accordance with Council's Stormwater Management Code and
submitted to the Principal Certifying Authority.
(b)
The design is to be reviewed by Council or an Accredited Certifier - Civil
Engineering, prior to the issuing of a Construction Certificate.
The following matters shall apply to the stormwater drainage works listed in the
Table of Fees:
(a)
The stormwater drainage works for stormwater connection to Council’s
drainage system consist of construction of a pit and lintel, and a 375mm
diameter pipeline to Council’s pit at the corner of Parramatta Road.
(b)
An engineering design and calculations prepared by a competent
practicing Hydraulic/Civil Engineer in accordance with Council's
Stormwater Management Code shall be submitted to the Principal
Certifying Authority.
(i)
(ii)
(iii)
(c)
(6)
The depth and location of all services within the area that would be
affected by the construction of the stormwater pipe (i.e. gas, water,
sewer, electricity, telephone, traffic lights, etc.) shall be confirmed by
the applicant on site and are to be included on the design drawings.
Any adjustments required will be at the applicant's expense. The
relevant authority's written consent for any adjustments or works
affecting their services shall be obtained and submitted to the
Principal Certifying Authority, prior to construction commencing.
All pipes shall be 375mm in diameter reinforced concrete spigot and
socket with rubber ring joints. A Council standard pit shall be
constructed in the street outside the property boundary for the
property's stormwater to connect to. The stormwater works
described above shall be constructed at the applicant's expense.
The applicant shall pay the contribution listed in the Table of Fees for
Council to construct the stormwater works described above.
The design is to be reviewed by Council or an Accredited Certifier - Civil
Engineering. The Principal Certifying Authority is to be provided with
certification from an appropriately qualified person that this condition has
been complied with, prior to the issuing of a Construction Certificate.
The stormwater works on the development property and connection to Council's
stormwater system are to be inspected during construction by a competent
practicing hydraulic/civil engineer. The inspections are to be carried out at the
stages of construction listed in the following schedule. A compliance Certificate
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verifying that the construction is in accordance with the approved design, this
development consent and satisfies the relevant Australian Standard is to be
submitted to the Principal Certifying Authority before proceeding beyond the
relevant stage of construction.
SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION
(7)
(8)
(a)
Following placement of pipe bedding material. Confirm trench/pipe
location, adequacy of depth of cover, bedding material and depth.
(b)
Following joining of pipes and connection to Council's stormwater system.
(c)
For on-site detention systems:
(i)
Following set out of detention tank/area to confirm area and volume
of storage.
(ii) Following placement of weep-holes, orifice and/or weir flow control,
outlet screen and overflow provision.
(d)
Following backfilling. Confirm adequacy of backfilling material and
compaction.
Following completion of all drainage works:
(a)
Works-as-executed plans, prepared and signed by a registered surveyor,
shall be prepared. These plans shall include levels and location for all
drainage structures and works, buildings (including floor levels) and
finished ground and pavement surface levels. These plans are to be
reviewed by the competent practicing hydraulic/civil engineer that
inspected the works during construction.
(b)
The Principal Certifying Authority is to be provided with a Certificate from a
competent practicing hydraulic/civil engineer. The Certificate shall state
that all stormwater drainage and related work has been constructed in
accordance with the approved plans and consent conditions as shown on
the work-as-executed plans, prior to the issuing of an Occupation
Certificate.
A Positive Covenant under section 88E of the Conveyancing Act shall be
created on the title of the property(s) detailing the:
i)
On-site Stormwater Detention system
ii)
Pump and rising main system
incorporated in the development. The wording of the Instrument shall include but
not be limited to the following:
(a)
The proprietor of the property agrees to be responsible for keeping clear
and the maintenance of the facilities consisting of:
i)
On-site Stormwater Detention system
ii)
Pump and rising main system
(b)
The proprietor agrees to have the facilities inspected annually by a
competent practicing Hydraulic/Civil Engineer.
(c)
The Council shall have the right to enter upon the land referred to above,
at all reasonable times to inspect, construct, install, clean repair and
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maintain in good working order the facilities in or upon the said land; and
recover the costs of any such works from the proprietor.
(d)
The registered proprietor shall indemnify the Council and any adjoining
land owners against damage to their land arising from failure of any
component of the facilities.
The applicant shall bear all costs associated with the preparation of the 88E
Instrument. The wording of the Instrument shall be submitted to, and approved
by Council prior to lodgement at the Land and Property Information office.
Evidence that the Instrument has been registered at the Land and Property
Information office shall be submitted to Council, prior to issuing of an
Occupation Certificate.
(9)
The pump system is only permitted for the drainage of the basement areas
where the finished slab is below the ground level. The following conditions are to
be satisfied:
(a)
A pump and rising main design shall be submitted to the Principal
Certifying Authority and shall satisfy the following conditions:
(i)
The holding tank for the pump shall be capable of storing runoff from
a one hour, 1 in 100 year ARI storm event.
(ii) The pump system shall consist of two (2) pumps, connected in
parallel, with each pump being capable of emptying the holding tank
at a rate equal to the lower of the allowable on site detention
discharge rate, or the rate of inflow for the one hour duration storm.
(iii) An overflow, flashing light and audible alarm are to be provided, to
warn of pump failure.
(iv) Full details of the holding tank, pump type, discharge rate and the
delivery line size are to be documented.
(v) Any drainage disposal to the street gutter, from a pump system must
have a stilling sump provided at the property line, and connected to
the street gutter by a suitable gravity line.
(vi) The capacity of the stilling sump and outlet pump shall be
determined and verified by calculations which are to be documented.
(b)
Pumping system details shall be submitted to Council or an Accredited
Certifier - Civil Engineering, prior to the issuing of a Construction
Certificate.
(c)
The applicant shall submit written evidence to the Principal Certifying
Authority that a contract has been let for the regular maintenance of the
pumping system for a minimum period of 12 months. Information to be
submitted to the Principal Certifying Authority prior to issuing of an
Occupation Certificate.
(10) The outflow control structure of the OSD shall be designed to control variable
outflow rate. Storage outflows are to be controlled to ensure the full range of ARI
(2 to 100 yr) occurs. It is envisaged that the discharge control pit is required to
be provided with low level and high level outlets with different orifices diameters.
(11) The following matters shall apply to the stormwater works listed in the Table of
Fees.
(a)
The stormwater works consist of constructing a standard stormwater pit
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and lintel in front of 10 Roberts Street and a 375mm reinforced concrete
pipeline from the new pit to Council’s existing pit at the corner of
Parramatta Road.
(b)
A detailed plan of the connecting pipeline including the details of
stormwater pits & lintels, long section of the pipeline, pipe-trench cross
section etc. shall be provided for Council’s review.
(c)
The depth and location of all services within the area that would be
affected by the construction of the stormwater pipe (i.e. gas, water, sewer,
electricity, telephone, traffic lights, etc.) shall be confirmed by the applicant
on site and are to be included on the design drawings.
(d)
Any adjustments required will be at the applicant's expense. The relevant
authority's written consent for any adjustments or works affecting their
services shall be obtained and submitted to the Principal Certifying
Authority, prior to construction commencing.
(e)
All pipes shall be 375mm diameter reinforced concrete spigot and socket
with rubber ring joints. The stormwater works described above shall be
constructed at the applicant's expense while the fees as mentioned in the
Tables of Fees shall be retained in Council as a bond till the completion of
the works to Council engineer’s satisfaction.
(12) All activities and works external to the site, or that affect public roads, are to be
carried out in accordance with Council's Policies including but not limited to the
Code for Activities Affecting Roads, Rubbish Skips Policy, Work Zone Policy and
Temporary Road Closure (Including Standing Plant) Policy.
(13) A road-opening permit shall be obtained for all works carried out on public or
Council controlled lands. Restoration of landscaping, roads and paths shall be
carried out by Council at the applicant's expense in accordance with Council's
restoration rates. The applicant or any contractors carrying out works in public or
Council controlled lands shall have public liability insurance cover to the value of
$20 million, and shall provide proof of such cover to the Principal Certifying
Authority prior to carrying out the works.
(14) Spoil and building materials shall not be placed, stored, thrown or caused to fall
on any public roadway or footpath. Waste containers shall be placed in
accordance with Council's Rubbish Skips Policy. Contact Council for a list of
approved skip bin suppliers.
(15) The builder is to ensure footpaths and roads affected by construction works are
kept safe and prevent any damage to Council property. The builder shall erect
and maintain where necessary approved hoardings, barricades, warning signs
and night warning lamps to ensure public safety. Pedestrian access across the
footpath must be maintained at all times.
(16) The following matters shall apply to the damage deposit listed in the Table of
Fees:
(a)
This deposit is refundable if no damage occurs. Any damage caused will
be repaired at Council's restoration rates, at the applicant's expense. All or
part of the deposit will be forfeited to cover damage to Council's property
during the course of demolition and/or construction.
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(b)
19 AUGUST 2013
Council will carry out two inspections of the Council's footpath, kerb and
gutter, stormwater drainage system and roadway, prior to works
commencing and at the completion of all work covered by this consent.
Council is aware that damage may be caused by individual contractors
that culminate in the damage inspected at Council's final inspection. The
applicant is responsible for attributing any part of the damage to their
individual contractors. Council will not refund any part of a damage deposit
until the completion of the work covered by this consent.
(17) The following matters apply to the construction of the proposed vehicular
crossing listed in the Table of Fees:
(a)
A vehicular crossing 3m wide to Roberts Street shall be constructed by the
Applicant/Council at the applicant’s cost.
(b)
The cost of any necessary adjustments to public utility services is not
included, and shall be paid by the applicant to the relevant authority prior
to Council commencing the work.
(c)
The driveway shall be 1m clear of any pits, lintels, poles and 2m clear of
trees in the road reserve.
(d)
All redundant vehicular crossings shall be removed and replaced with kerb
and gutter and footpath at no cost to Council.
(18) Internal driveway levels shall be designed and constructed to conform with
existing footpath and road profiles such that vehicles are not damaged while
accessing the property. Council footpath and road profiles will not be altered for
this purpose.
(19) The applicant is to have prepared a longitudinal section of the proposed
vehicular ramp access, drawn at 1:25 natural scale.
(a)
The longitudinal section shall be prepared by a competent practicing civil
engineer in accordance with AS 2890.1.
(b)
The design is to be reviewed by Council or an Accredited Certifier - Civil
Engineering prior to the issuing of a Construction Certificate.
(20) (a) Temporary measures shall be provided during demolition, excavation
and/or
construction to prevent sediment and polluted waters discharging
from the site.
(b)
(c)
An erosion and sediment control plan showing such measures shall be
prepared by a competent practicing hydraulic/civil engineer in accordance
with Supplement 10 of Council's Stormwater Management Code.
The erosion and sediment control plan is to be reviewed by Council or an
Accredited Certifier - Civil Engineering prior to the issuing of a
Construction Certificate.
(21) All demolition and excavation materials are to be removed from the site or
disposed off site using methods that comply with relevant environmental
protection legislation.
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19 AUGUST 2013
(22) Vehicles removing demolished materials from the site shall access and depart
from the site through Roberts Street and Parramatta Road. Vehicles involved in
removing materials from the site shall be limited to an 8 tonne gross weight per
axle.
EXCAVATION, BULK EXCAVATION AND SHORING
(1)
All excavations and backfilling associated with the erection or demolition of a
building shall be carried out in a safe and careful manner and in accordance with
appropriate professional standards. All necessary piling, planking and strutting
shall be of sufficient strength to retain the sides of excavations.
A Compliance Certificate verifying the suitability of Structural details of proposed
piling, shoring etc. are to be submitted to the Principal Certifying Authority before
commencement of excavation.
(2)
All excavations associated with the erection or demolition of the building are to
be properly guarded and protected to prevent them from being dangerous to life
or property.
(3)
Where soil conditions require it:
(a)
retaining walls must be provided so as to prevent soil movement;
and
(b)
(4)
adequate provision must be made for drainage.
If an excavation associated with the erection or demolition of a building extends
below any level of the base of the footings of a building or other structure on an
adjoining allotment of land, the person causing the excavation to be made:
(a)
must preserve and protect the building or other structure from damage and
rectify any damage caused by any such excavation, and
(b)
if necessary, must underpin and support the building or other structure in
an approved manner, and
(c)
must, at least 7 days before excavation below the level of the base of the
footings of a building or other structure on an adjoining allotment of land,
give notice of intention to do so to the owner of the adjoining allotment of
land and furnish particulars of the excavation to that owner.
The owner of the adjoining allotment of land is not liable for any part of the cost
of work carried out for the purposes of this condition, whether carried out on the
allotment of land being excavated or on the adjoining allotment of land.
Allotment of land includes a public road, public school and any other public
place.
(5)
If the work involved in the erection or demolition of a building:
(a)
(b)
is likely to cause pedestrian or vehicular traffic in a public place to be
obstructed or rendered inconvenient, or
involves the enclosure of a public place,
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a hoarding or fence must be erected between the work site and the public place.
If necessary, an awning is to be erected, sufficient to prevent any substance
from, or in connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be
hazardous to persons in the public place.
Any such hoarding, fence or awning is to be removed when the work has been
completed.
(6)
No opening is to be made in any road or footpath, nor is any hoarding to be
erected without the prior consent of Council. The builder is to obtain the relevant
permit for which fees will be charged in accordance with Council's Schedule of
Fees and Charges.
(7)
The builder shall erect and maintain in good order all necessary hoardings,
barricades and warning signs required to provide adequate public safety. Night
warning lamps are to be provided where necessary.
(8)
Public roads to be kept clean and free of any material which may fall from
vehicles or plant. Waste containers shall be placed in accordance with Council's
Code for Activities Affecting Roads and are subject to the payment of
appropriate fees.
(9)
Heavy vehicles entering and leaving the site must only cross the footpath where
it is adequately timbered and strapped. Pedestrian access across this footpath
must be maintained in good order at all times during the excavation work.
(10) The contractor shall strictly implement all erosion and sediment control
measures prior to the commencement of excavation. Such measures shall be
inspected at site by a competent practicing hydraulic/civil engineer and the PCA
shall be provided with a compliance certificate in regards to that.
(11) The Applicant shall prepare detailed survey reports of all existing service
authority assets in and around the site of the proposed development that may be
affected in any way by the proposed excavation. Surveys should include, but not
be limited to, high and low voltage electricity, water, stormwater, sewer, gas,
telecommunications, street lighting and drainage assets, etc.
(12) The Applicant shall liaise with all relevant service authorities (including, but not
limited to electricity, water, stormwater, sewer, gas, telecommunications, street
lighting and drainage) to develop final designs that satisfy all requirements of the
service authority providers in respect of protection, termination or relocation of
existing assets, temporary access and future permanent access for maintenance
of assets.
(13) The Applicant shall prepare detailed method statements to demonstrate how the
proposed excavation is to be conducted such that all relevant utility authority
assets are protected and maintained throughout the construction stage of the
development, or are relocated. Method statements are to be submitted to the
relevant utility authorities for their written approval.
(14) Your attention is directed to the following:
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WARNING
Building plans which form part of a Construction Certificate, and are suitably
endorsed, must be submitted to a Sydney Water, Quick Check agent or
Customer Centre before the commencement of work.
For Quick Check agent details refer to the website www.sydneywater.com.au,
see “Your Business” then ‘Building & Developing’ then ‘Building and
Renovating’, or telephone 13 20 92.
The applicant will need to provide the following information:
(a) The address of the property including House, Lot and Deposited Plan
number.
(b)
The name and address of the owner and the builder.
(c)
The type of building, type of construction and the estimated cost.
The approved plans and application will be checked to determine whether the
proposed works meets with the requirements of Sydney Water concerning:
(a)
Location of sanitary fixtures;
(b)
Relationship of the building to water-mains, sewers and stormwater drains
and/or easements; and if further requirements need to be met.
Plans will be appropriately stamped.
TRAFFIC
(1)
The following car spaces are to be provided:
(a)
9 resident/boarders car spaces (2 accessible spaces)
(b)
1 manager space (line marked)
(c)
9 motorcycle spaces
(d)
9 bicycle storage spaces
(2)
The design, layout, signage, line marking, lighting and physical controls of all offstreet parking facilities must comply with the minimum requirements of
Australian Standards AS/NZS 2890.1-2004 – Parking facilities Part 1: Off-street
car parking and Council’s DCP.
(3)
A system of traffic lights and/or mirrors must be installed at the ends of any
single lane ramp, to indicate traffic movement on the ramp(s). This system must
be detailed in the application for a Construction Certificate. Any system using
traffic light signals must maintain a green signal to entering vehicles at the point
of entry, and must maintain a red signal when an existing vehicle is detected
upon the ramp or driveway.
(4)
The car parking for people with a mobility impairment shall be in accordance
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19 AUGUST 2013
with Australian Standard AS/NZS 2890.1-2004 Parking facilities Part 1: Offstreet car parking. Accessible car parking spaces must have a minimum
headroom of 2.5m and must be clearly marked and appropriately located as
assessable parking for people with mobility impairment.
(5)
Provision of a car wash bay equipped with a tap, hose and drainage in
accordance with Sydney Water requirements.
Note: The car wash bay can be a visitor space.
(C)
That the objectors to the development be advised of the determination.
(Moved Councillor Tony Doueihi/Seconded Deputy Mayor Ernest Wong)
Councillors Lesley Furneaux-Cook and Tony Doueihi called for a DIVISION.
The DIVISION was taken and the names of the Councillors voting FOR and AGAINST
were as follows:
FOR
Councillor Wong
Councillor Mannah
Councillor Doueihi
Total (3)
AGAINST
Councillor Furneaux-Cook
Councillor Taunton
Total (2)
(ITEM D.7/13) 3A BYER STREET, ENFIELD - CONSTRUCTION OF A 7 STOREY
RESIDENTIAL FLAT BUILDING, CONSISTING OF 24 UNITS OVER 3 BASEMENT CAR
PARKING LEVELS - DEVELOPMENT APPLICATION D174/2012
File No: 13/27613
D. Mackenzie Architects
Western side of Byer Street between Liverpool Road and Council's
Byer Street car park.
General Residential R1 – BLEP 2012
Applicant:
Location:
Zoning:
Proposal
The application proposes the erection of a seven storey residential flat building consisting of
2x1 bedroom and 22x2 bedroom units, over three basement car parking levels with 29 car
spaces. The proposed floor space ratio (FSR) for the site is 2.49:1, and the proposed height
varies between 18m and 20m above the existing natural ground level.
D.11/13
RESOLVED (Carried)
A.
That DA 174/2012 to construct a seven storey residential flat building, consisting of 24
units (2x1 bedroom and 22x2 bedroom) over three basement car parking levels, be
approved, subject to the following conditions:
(1)
The development being carried out in accordance with the plans and
documentation as follows, except where amended by the conditions of consent:

Architectural Plans Drawing Nos. DA 100B, 101B, 102B, 103B, 104A,
105A, 106A, 107A, 108A, 109A, 110A, 200A, 201A, 300B, 400A, prepared
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




19 AUGUST 2013
by Mackenzie Architects International.
Landscape Plan Drawing No. L-01B, prepared by Ray Fuggle and
Associates, Landscape Architects.
Stormwater Hydraulic Plans, Drawing Nos. 1213-45 Sheets 1, 2 and 3,
prepared by ACE Civil and Hydraulic Engineers.
Site Remedial Action Plan/Report No. 13/0495 recommendations dated
March 2013, prepared by SMEC Testing Services Pty Ltd.
Basix Certificate No. 460709M-04 to meet the NSW Government’s
requirements for sustainability.
Building Energy Efficiency Certificate No. 1005241375 – Nathers Rated –
ABSA Assessor No. 20844.
FEES
(1)
The fees and/or bonds shown in the Table of Fees, are to be paid to Council or
another approved collection agency (the Long Service Levy Corporation and its
agents and an approved insurer under the Home Building Act 1989) and
suitable evidence of payment is to be provided to the Principal Certifying
Authority prior to the issuing of a Construction Certificate.
TABLE OF FEES
FEES/BONDS TO BE PAID TO COUNCIL OR TO THE NOMINATED BODY
PRIOR TO ISSUING A CONSTRUCTION CERTIFICATE
(1)
Building and Construction Industry Long Service Corporation Levy
$18,140.00
(Payment to be made to Council, the Corporation or its Agent)
(2)
Damage Deposit - security deposit against damage occurring to Council's
assets (footpath, road, stormwater drainage system, kerb and gutter, etc) during
building work $20,000.00 (Payment to be made to Council as a bond prior to
issue of a Construction Certificate and/or commencement of
demolition/bulk excavation)
Note: This deposit is refundable if no damage occurs.
(3)
Construction by the Applicant – connection to Council’s stormwater drainage
works
3,000.00
(Payment to be made to Council as a bond)
(4)
If Council is nominated as the Principal Certifying Authority (PCA) an
inspection fee is to be paid.
This fee is for 20 inspections at the rate listed in Council’s current Schedule of
Fees and Charges. Any additional inspections, including re-inspections, shall be
levied and paid to Council upon booking of an appointment at the rate listed in
Council’s current Schedule of Fees and Charges
(Payment to be made to Council).
(5)
Pursuant to Section 94A of the Environmental Planning and Assessment Act
1979 and the Section 94A Contributions Plan for the Burwood Local
Government Area (Excluding Burwood Town Centre), the following monetary
contribution towards public services and amenities is required:
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MINUTES OF BUILDING & DEVELOPMENT COMMITTEE MEETING
Contribution Element
A levy of 1% of the cost of carrying out the
development, where the cost calculated and agreed
by Council is $5,450,000.00.
Index Period
June 2013
CPI1
19 AUGUST 2013
Contribution
$54,500.00
103.1
Office Use: T56
The above contribution will be adjusted at the time of payment. Applicants
are advised to contact Council for the adjusted amount immediately prior
to arranging payment.
The contribution will be adjusted in accordance with the following formula:
Contribution (at time of payment) = C x CPI2
CPI1
Where:
C:
the original contributions amount as shown in the development
consent;
CPI2
the Consumer Price Index: All Groups Index for Sydney, for the
immediate past quarter (available from the Australian Bureau of
Statistics at the time of payment)
CPI1
the Consumer Price Index: All Groups Index for Sydney, applied at the
time of granting the development consent as shown on the
development consent.
Note: The minimum payment will not be less than the contribution amount stated
on the consent.
The contribution is to be paid to Council, or evidence that payment has been
made is to be submitted to the Principal Certifying Authority, prior to the
issuing of a Construction Certificate.
Council may accept works in kind or other material public benefits in lieu of the
contribution required by this condition subject to and in accordance with the
requirements specified in the Section 94A Contributions Plan for the Burwood
Local Government Area (Excluding Burwood Town Centre).
Note: Credit cards and personal cheques are not accepted for the payment of
Section 94A Contributions.
PLANNING
(1)
The 7 storey development is to consist of twenty four dwellings – 2x1 bedroom
and 22x2 bedroom, over 3 basement car parking levels with 29 car spaces.
(2)
The street and side façades of the building are to be given a variation in finishes
and colour tones to enhance the building, to Council’s satisfaction. The finishes
and colours are to be provided to Council, prior to the issue of a Construction
Certificate.
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19 AUGUST 2013
(3)
The exhaust ventilation system of the basement is to be an integral part of the
building and is not to be located between the building and/or boundaries.
(4)
All external services including air conditioning units, electrical or gas water
heaters, meters, equipment, conduits, drainage and water pipes, are to be
located in recessed enclosures within the external walls and are not to be visible
from the public domain area or road.
(5)
All windows and sliding doors are to be provided with key operated locks as a
crime prevention measure and for security of future residents.
(6)
All works are to be located within the site boundaries.
(7)
The maximum height of the roof/parapet is not to exceed AHD(RL)59.46.
(8)
Safety and security night lighting being provided for the development with such
details being incorporated in the amended landscape plan to be submitted to
Council for approval prior to the issue of the Construction Certificate.
(9)
All common boundary
builder/developer.
fencing
are
to
be
the
responsibility
of
the
(10) The fencing details to Byer Street are to be submitted to Council for approval
prior to the issue of a Construction Certificate.
(11) All excavated embankments are to be adequately retained and landscaped to
avoid subsidence of adjoining properties.
(12) The vehicle driveway from the Byer Street boundary to the basement entry, is to
be treated with a variation of paving for a visual break, with details of materials
being submitted to Council for consideration.
(13) The landscaping of the site being carried out in accordance with the approved
landscape plan prior to the issue of an Occupation Certificate. The
landscaping is to be maintained at all times following its installation. Any trees
planted as part of the approved landscape plan shall have a minimum 45 litre
container size.
(14) The applicant consulting with Energy Australia to determine the need for an
electrical supply isolation junction box within the front landscaped area and if
such installation is required, it being set back at least one metre from the front or
side boundary to enable adequate landscape planting to be provided to screen
such installation. The location of such installation is to be shown on the
landscaping plan for approval of this Council and Energy Australia, prior to the
issue of a Construction Certificate.
(15) All external lighting is to be designed and installed in a manner which prevents
glare and/or spillage having an adverse impact on occupants of adjacent
properties.
(16) Samples and details of all external surface materials being submitted for
Council’s approval, prior to the issuing of a Construction Certificate.
(17) The noise emitted by the air-conditioning equipment being inaudible in your
neighbours’ homes between 10pm and 7am weekdays and 10pm to 8am on
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weekends and public holidays.
(18) Prior to the issuing of an Occupation Certificate, Council is to receive a
payment of pro-rata fees for and receipt from Council of mobile garage bins for
the development.
(19) A minimum of 2 adaptable rooms are to be included in the development, in
accordance with the Australian Standards (AS).
(20) All external balustrades are to be of solid construction or of opaque glazing, and
to have a minimum height of 1.2m measured from the balcony/terrace floor level.
This height is to be satisfied notwithstanding 1m height identified in the Building
Code of Australia (BCA).
(21) Provision of sliding vertical louvred privacy/solar protection screens to a
minimum 35% of the balcony length along the northern facade of the building.
(22) The planter box located adjacent to the roof communal area on the fourth floor
level, is to be extended a further 3m towards the east. Details of this amendment
and proposed planting are to be submitted to Council for approval, prior to the
issue of a Construction Certificate.
BUILDING
(1)
Fire Resistance Levels of all structural members, including external and internal
walls, spandrels, external and internal columns, lift shafts and stair shafts,
ventilation, pipe and like shafts, floors and roofs shall comply with the
requirements of Specification C1.1 of the Building Code of Australia. Details of
the method of achieving this must be noted on the plans or in the specifications
prior to the issuing of a Construction Certificate.
(2)
All materials used in the building must comply with early fire hazard criteria of
Specification C1.10 of the Building Code of Australia.
(3)
Prior to the commencement of building work, the following is to be carried out:a.
Submit to Council a “Notice of Intention to Commence Building Work and
Appointment of a Principal Certifying Authority” form. Council's “Notice of
Intention to Commence Building Work and Appointment of a Principal
Certifying Authority” form is to be used where application is made to
Council.
b.
Ensure detailed plans and specifications of the building are endorsed with
a Construction Certificate by Council or an Accredited Certifier. Council's
“Construction Certificate Application” form is to be used where application
is made to Council. Copies are available on request.
(Vide Section 81A Environmental Planning & Assessment Act 1979)
(4)
A “Section 73 Compliance Certificate” under the Sydney Water Act 1994 must
be obtained from Sydney Water Corporation. Make early application for the
certificate, as there may be water and sewer pipes to be built and this can take
some time. This can also impact on other services and building, driveway or
landscape design.
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Application must be made through an authorised Water Servicing Coordinator.
For assistance either visit www.sydneywater.com.au > Building and developing
> Developing your Land > Water Servicing Coordinator or telephone 13 20 92.
The Section 73 Certificate must be submitted to the Principal Certifying Authority
prior to the issuing of an Occupation Certificate.
(5)
Safety glazing being used in every glazed door or panel that is capable of being
mistaken for a doorway or unimpeded path of travel. The glazing must comply
with Australian Standard AS 1288-2006 - Glass in Buildings - Selection and
Installation. Details of the method of complying with this requirement must be
noted on the plans or in the specifications prior to the issuing of a
Construction Certificate.
(6)
Framed panels or doors enclosing or partially enclosing a shower or bath shall
be glazed with "A" or "B" grade safety glazing material in accordance with
Australian Standard AS 1288-2006, Table 4.5 SAA Glass Installation Code
(Human Impact Considerations). Details of the method of complying with this
requirement must be noted on the plans or in the specifications prior to the
issuing of a Construction Certificate.
(7)
Treatment for the protection of the building from subterranean termites must be
carried out in accordance with Australian Standard AS 3660.1-2000 “Termite
management - New building work.”
If the method of protection is to be by way of a chemical barrier, it becomes the
responsibility of the owner to maintain a suitable maintenance procedure in
accordance with the manufacturer's requirements. Such responsibility is placed
solely upon the owner.
After treatment the following is to be carried out:
a.
A durable notice must be permanently fixed to the building in a prominent
location, such as the meter box, indicating:
(i)
(ii)
(iii)
(iv)
b.
The method of protection.
The date of installation of the system.
Where a chemical barrier is used, its life expectancy as listed on the
National Registration Authority label.
The installer's or manufacturer's recommendation for the scope and
frequency of future inspection for termite activity.
Provide the Principal Certifying Authority with a Certificate which verifies
that termite protection has been provided in accordance with Australian
Standard AS 3660.1-2000. In the case of Reinforced Concrete Slab
construction the Certificate is to verify that the protection incorporates both
beneath slab (Part A) and slab penetrations (Part B) treatment.
Details showing compliance with this requirement must be noted on the plans or
in the specifications prior to the issuing of a Construction Certificate.
(8)
Balcony balustrades being a minimum height of 1m. Details of the method of
achieving this must be noted on the plans or in the specifications prior to the
issuing of a Construction Certificate.
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(9)
19 AUGUST 2013
Continuous balustrades shall be provided along the side/s of any stairway or
ramp, any corridor, hallway, balcony, access bridge or the like, any path of
access to a building if:a.
It is not bounded by a wall; and
b.
The change in level is more than one (1) metre, or five (5) risers in the
case of a stairway, from the floor or ground surface beneath;
except where specific exemptions are provided in the Building Code of Australia.
Balustrades shall prevent as far as practicable:
a.
Children climbing over or through it; and
b.
Persons accidentally falling from the floor; and
c.
Objects which might strike a person at a lower level falling from the floor
surface.
Balustrade heights and designs shall comply with Part D2.16 of the Building
Code of Australia and Australian Standard/New Zealand Standard AS/NZS 1170
Part 1 – Structural design actions.
Details of the method of satisfying these requirements must be noted on the
plans or in the specifications prior to the issuing of a Construction
Certificate.
(10) A Fire Safety Certificate (copies available from Council) is to be given to the
Principal Certifying Authority prior to applying for an Occupation Certificate
(Interim or Final) and thereafter once in every 12 month period an Annual Fire
Safety Statement is to be given to Council. The certificate and statement attest
to both the inspection of all essential fire safety measures by a suitably qualified
person and to the regular maintenance of the fire safety measures. A copy of the
Fire Safety Certificate and the Fire Safety Schedule are to be given to the
Commissioner of Fire and Rescue NSW by the building owner and copies of
these documents are to be prominently displayed in the building. Similarly
copies of Annual Fire Safety Statements are also to be given to the
Commissioner and displayed in the building.
(Vide clause 153 & Division 3 of the Environmental Planning & Assessment
Regulation 2000)
(11) Where residential building work (within the meaning of the Home Building Act
1989) is proposed to be carried out, either of the following is to be provided to
the Principal Certifying Authority prior to the issuing of a Construction
Certificate:
a.
Where work is carried out by a Principal Contractor:
(i)
written advice of the Principal Contractor’s name and licence
number, and
(ii)
a certificate purporting to be issued by an approved insurer under
Part 6 of the Home Building Act 1989 to the effect that a person is
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19 AUGUST 2013
the holder of an insurance contract issued for the purposes of that
Part.
OR
b.
Where work is carried out by an owner-builder:
(i)
written advice of the person's name and Owner-Builder Permit
number, or
(ii)
a signed declaration from the owner of the land that states the
reasonable market cost of the labour and materials involved in the
work is not high enough for the owner to need an Owner-Builder's
Permit to do the work.
(12) Toilet facilities are to be provided at, or in the vicinity of the work site, at the rate
of one toilet for every 20 persons or part of 20 persons employed at the site.
Each toilet provided:
a.
b.
must be a standard flushing toilet, and
must be connected:
(i)
(ii)
to a public sewer, or
to an approved chemical closet facility.
The toilet facilities are to be completed before any other work is commenced.
(13) All building work must be carried out in accordance with the provisions of the
Building Code of Australia.
(14) All excavations associated with the erection or demolition of the building are to
be properly guarded and protected to prevent them from being dangerous to life
or property.
(15) If an excavation associated with the erection or demolition of a building extends
below the level of the base of the footings of a building on an adjoining allotment
of land, the person causing the excavation to be made:
a.
must preserve and protect the building from possible damage, and
b.
if necessary, must underpin and support the building in an approved
manner, and
c.
must, at least 7 days before excavation below the level of the base of the
footings of a building on an adjoining allotment of land, give notice of
intention to do so to the owner of the adjoining allotment of land and
furnish particulars of the excavation to the owner of the building being
erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the cost
of work carried out for the purposes of this condition, whether carried out on the
allotment of land being excavated or on the adjoining allotment of land.
Allotment of land includes a public road and any other public place.
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(16) If the work involved in the erection or demolition of a building:
a.
is likely to cause pedestrian or vehicular traffic in a public place to be
obstructed or rendered inconvenient, or
b.
building involves the enclosure of a public place.
A hoarding or fence must be erected between the work site and the public place.
If necessary, an awning is to be erected, sufficient to prevent any substance
from, or in connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be
hazardous to persons in the public place.
Any such hoarding, fence or awning is to be removed when the work has been
completed.
(17) Your attention is directed to the following:
WARNING
The approved plans must be submitted to a Sydney Water Quick Check agent to
determine whether the development will affect any Sydney Water wastewater
and water mains, stormwater drains and/or easement, and if any requirements
need to be met. Plans will be appropriately stamped and a copy is to be
provided to the Principal Certifying Authority prior to the issuing of a
Construction Certificate.
Please refer to the website www.sydneywater.com.au for:

Quick Check agents details – see Building and Developing then Quick
Check and

Guidelines for Building Over/Adjacent to Sydney Water Assets – see
Building and Developing then Building and Renovating
or telephone 13 20 92.
(18) No materials are to be stored on Council's roads, footpaths or parks.
(19) No work being carried out other than between the hours of 7:00am – 5:30pm
Monday to Fridays and 7:00am – 1:00pm on Saturdays, with no work at all being
carried out on Sundays and Public Holidays.
(20) Hours of work shall be from 7:00am to 5:30pm Mondays to Fridays inclusive,
and from 7:00am to 1:00pm Saturdays. No work shall be carried out on Sundays
or Public Holidays. The owner/builder shall be responsible for the compliance of
this condition by all sub-contractors, including demolishers.
(21) The approved structure shall not be used or occupied unless an Occupation
Certificate (being a Final Certificate or an Interim Certificate) as referred to in
section 109C(1)(c) of the Environmental Planning & Assessment Act 1979 has
been issued.
(Vide Section 109M Environmental Planning & Assessment Act 1979)
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(22) An application for a Construction Certificate is to be made to Council or an
Accredited Certifier. Council's “Construction Certificate Application” form is to be
used where application is made to Council. Copies are available upon request. A
Construction Certificate must be obtained prior to the commencement of any
building work.
(23) Dial Before You Dig is a free national community service designed to prevent
damage and disruption to the vast pipe and cable networks which provides
Australia with the essential services we use everyday – electricity, gas,
communications and water.
Before you dig call “Dial Before You Dig” on 1100 (listen to the prompts) or
register on line at www.1100.com.au for underground utility services information
for any excavation areas.
The Dial Before You Dig service is also designed to protect Australia’s
excavators. Whether you are a backyard renovator, an individual tradesman or a
professional excavator, the potential for injury, personal liability and even death
exists everyday. Obtaining accurate information about your work site
significantly minimises these risks.
Reason: To ensure that essential services such as electricity, gas,
communications and water are not affected by excavation or construction works.
(24) Structural Engineer details prepared and certified by a practicing Structural
Engineer for all reinforced concrete and structural members being submitted to
the Principal Certifying Authority for approval prior to the issuing of a
Construction Certificate.
(25) A registered surveyor's certificate being submitted to the Principal Certifying
Authority as follows:a.
Before pouring of concrete slab on every level to indicate the height of the
finished floor level and to show boundary clearances; and
b.
On completion of the buildings to indicate the height of the roof/parapet,
show boundary clearances and areas of the site occupied by the building.
(26) The Class 2 and 7a building being equipped with a smoke alarm system as
required by Table E2.2a of the Building Code of Australia.
Mains powered smoke alarms complying with AS 3786-1993 are to be installed
at or near the ceiling in a.
any storey containing bedrooms –
(i)
between each part containing bedrooms and the remainder; and
(ii) where bedrooms are served by a hallway; in that hallway; and
b.
any other storey not containing bedrooms, in egress paths; and
c.
in public corridors and other internal public spaces so that a sound
pressure level of 85 dB(A) is provided at the door to each sole-occupancy
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unit.
Details of the method of complying with this requirement must be noted on the
plans or in the specifications prior to the issuing of a Construction
Certificate.
(27) Mechanical ventilation/air conditioning details are to be submitted to Council or
the Accredited Certifier for approval prior to the issuing of a Construction
Certificate and must include the following:
a.
The location and size of proposed ductwork
b.
The location of equipment
c.
The performance characteristics of the proposed motor/s and fan/s
d.
The air flow characteristics of the system
At the completion of work a Certificate from an Accredited Certifier, Mechanical
Engineer or other suitably qualified person, to the effect that the ventilation
system has been installed and performs in accordance with the provisions of
Part F4 of the Building Code of Australia, Australian Standard New Zealand
Standard AS/NZS 1668 "The use of mechanical ventilation and air-conditioning
in buildings", Part 1 and Part 2, Australian Standard New Zealand Standard
AS/NZS 3666-2002 and the Noise Control Act, 1975, must be submitted to the
Principal Certifying Authority before an Occupation Certificate is issued.
(28) Noise transmission and insulation ratings for building elements being in
accordance with Specification Part F5 of the Building Code of Australia.
Details of the method of satisfying this requirement must be noted on the plans
or in the specifications prior to the issuing of a Construction Certificate.
(29) Provide a closet pan and washbasin in a compartment or room at or near ground
level and accessible to employees without entering a sole-occupancy unit.
Details of the method of achieving this must be noted on the plans prior to the
issuing of a Construction Certificate.
(30) Engineering Design – Basement Excavation
The following engineering details or design documentation shall be submitted to
the Principal Certifying Authority (Council or Accredited Certifier) prior to the
issuing of a Construction Certificate:
a.
Documentary evidence prepared by a suitably qualified professional
geotechnical engineer that confirms the suitability of the site for the
proposed excavation and building, as well as certifying the suitability and
adequacy of the proposed design and construction of the building for the
site.
b.
A report shall be prepared by a professional engineer prior to the issuing
of a Construction Certificate, detailing the proposed methods of
excavation, shoring or pile construction including details of vibration
emissions and detailing any possible damage which may occur to
adjoining or nearby premises due to building and excavation works. Any
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practices or procedures specified in the engineer’s report in relation to the
avoidance or minimisation of structural damage to nearby premises, are to
be fully complied with and incorporated into the plans and specifications
for the Construction Certificate.
A copy of the engineer’s report is to be submitted to Council, even if the
Council is not the Principal Certifying Authority.
(31) The Commonwealth Disability Discrimination Act, 1992 may apply to this
particular proposal. Submissions and/or approval of the application does not
imply or confer compliance with this Act. Applicants should satisfy themselves
and make their inquiries to the Human Rights and Equal Opportunity
Commission.
(32) Dilapidation surveys are to be carried out by a Practicing Structural Engineer,
which is to include a full photographic record of the exterior and interior of the
buildings at the applicants/owners expense on all premises adjoining the site
and the survey is to be submitted to Council and the adjoining land owners prior
to the commencement of any works. A further dilapidation survey is also to be
carried out and submitted to Council and the adjoining owners prior to the
issuing of an Occupation Certificate. The dilapidation surveys shall be dated
accordingly.
SUBDIVISION
(1)
Submission of a separate application for the strata subdivision of the
development. This consent does not confer any approval for a subdivision of the
development.
HEALTH
Environmental Management:
(1)
The site is to be remediated to remove any contamination in accordance with the
Remediation Action Plan, Project 189372/2726C Report 13/0495 as prepared by
SMEC Testing Services Pty Ltd and dated March 2013.
(2)
A Site validation Report certifying that the site has been remediated and is
suitable for the proposed residential use is to be submitted to Council for
approval prior to the issue of an Occupation Certificate.
(3)
A car wash area / bay is to be provided at each basement car park level and be
graded and drained to a waste water disposal system in accordance with the
requirements of Sydney Water.
(4)
Mechanical ventilation and or air conditioning systems and equipment are to be
designed and installed in locations that do not cause any noise nuisance or
disturbance to near by residential or commercial premises. Details of the type of
equipment locations and any noise attenuation treatment are to be submitted to
Council for approval prior to the issue of the Construction Certificate.
Waste Management:
(1)
All garbage shall be stored in the designated garbage area, which includes
provision for the storage of all putrescible waste and recyclable material
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emanating from the premises. Adequate natural or mechanical ventilation is
required where bins are stored in an enclosed area and meet fire safety
standards in accordance with the Building Code of Australia.
(2)
A waste cupboard or other storage area is to be provided within each dwelling
which is of sufficient size to hold a single day’s waste and to enable source
separation of general waste, recyclables and compostable materials.
(3)
The garbage and recycling storage areas are to be:
a.
b.
c.
d.
e.
f.
Supplied with both hot and cold water
Paved with impervious floor materials
Coved at the intersection of the floor and the walls
Graded and drained to a floor waste which is connected to the sewer in
accordance with the requirements of Sydney Water
Adequately ventilated (mechanically or naturally) so that odour emissions
do not cause offensive odour as defined by the Protection of the
Environment Operations Act 1997
Fitted with appropriate interventions to meet fire safety standards in
accordance with the Building Code of Australia.
(4)
Manufactures details and specifications for the installation, fire suppression and
health and odour control measures for the garbage chute are to be submitted to
Council for approval prior to the issue of the Construction Certificate.
(5)
Certification is to be provided by the installer of the chute system prior to the
occupation of the building certifying that the chute has been installed in
accordance with the manufacturer’s specification.
(6)
The garbage chute room at each level is to be of sufficient size to accommodate
sufficient mobile bins (MGB’S) / crates to store recyclable material generated
over the entire period between collection days.
(7)
Suitable signage is to be installed in each level of the chute waste service rooms
encouraging the separation of recyclables from the general waste stream.
(8)
All waste and recycling collections are to be carried out from the Byer Street
frontage. To facilitate, this a hard stand area of sufficient size is to be installed in
the Byer Street frontage for the wheeling out and wheeling back from within the
property of the waste and recycling bins. The pathway to the footpath is to be
free of any steps or obstructions.
(9)
A Caretaker is to be appointed for the development who will have ongoing
responsibility for the proper management of the waste and recycling services
(10) Waste and recycling bins shall be kept in a clean and hygienic condition. Bins
are to be washed regularly within the garbage storage room with any waste
water being discharged to the sewer by way of the grated drain.
(11) Prior to the issue of the Occupation Certificate, the applicant is to arrange with
Council’s Environment and Health Section the issue of the appropriate number
of garbage and recycling bins and payment of the necessary fees to enable
commencement of the waste and recycling service.
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ENGINEERING
(1)
Stormwater runoff from all roof and paved surfaces shall be collected and
discharged by means of a gravity pipe system to Council's drainage system
located in Byer Street.
(2)
A detailed drainage design shall be submitted to the Principal Certifying
Authority.
(3)
a.
The design and calculations shall indicate the details of the proposed
method of stormwater disposal and shall be prepared by a competent
practicing hydraulic/civil engineer in accordance with Council's Stormwater
Management Code.
b.
Allowance shall be made for surface runoff from adjacent properties, and
to retain existing surface flow path systems through the site. Any
redirection or treatment of these flows shall not adversely affect any other
property.
c.
Overflow paths shall be provided to allow for flows in excess of the
capacity of the pipe/drainage system draining the site, as well as from any
on-site stormwater detention storage.
d.
The design is to be reviewed by Council or an Accredited Certifier - Civil
Engineering prior to the issuing of a Construction Certificate.
Details and calculations shall be prepared by a competent practicing
Hydraulic/Civil Engineer. They shall include:
a.
a catchment plan
b.
plans showing proposed and existing floor, ground and pavement levels to
Australian Height Datum (AHD)
c.
details of pipelines/channels showing calculated flows, velocity, size,
materials, grade, invert and surface levels
d.
details and dimensions of pits and drainage structures
e.
hydrologic and hydraulic calculations
f.
details of any services near to or affected by any proposed drainage line
g.
any calculations necessary to demonstrate the functioning of any proposed
drainage facility is in accordance with Council's requirements
h.
the depth and location of any existing stormwater pipeline and/or channel
being connected to shall be confirmed by the applicant on site.
Certification of such is to be provided to Council prior to the release of the
construction certificate
The details and calculations are to be reviewed by Council or an Accredited
Certifier - Civil Engineering, prior to the issuing of a Construction Certificate.
(4)
On-site stormwater detention storage shall be provided in conjunction with the
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stormwater disposal system.
(5)
a.
This storage shall be designed by a competent practicing Hydraulic/Civil
Engineer in accordance with Council's Stormwater Management Code and
submitted to the Principal Certifying Authority.
b.
The design is to be reviewed by Council or an Accredited Certifier - Civil
Engineering, prior to the issuing of a Construction Certificate.
The following matters shall apply to the stormwater drainage works listed in the
Table of Fees:
a.
The stormwater drainage works for stormwater connection to Council’s
drainage system consist of construction of a pit and lintel on existing
pipeline on the street.
b.
An engineering design and calculations prepared by a competent
practicing Hydraulic/Civil Engineer in accordance with Council's
Stormwater Management Code shall be submitted to the Principal
Certifying Authority.
c.
(6)
(i)
The depth and location of all services within the area that would be
affected by the construction of the stormwater pipe (i.e. gas, water,
sewer, electricity, telephone, traffic lights, etc.) shall be confirmed by
the applicant on site and are to be included on the design drawings.
(ii)
Any adjustments required will be at the applicant's expense. The
relevant authority's written consent for any adjustments or works
affecting their services shall be obtained and submitted to the
Principal Certifying Authority, prior to construction commencing.
(iii)
All pipes shall be 375mm in diameter reinforced concrete spigot and
socket with rubber ring joints. A Council standard pit shall be
constructed in the street outside the property boundary for the
property's stormwater to connect to. The stormwater works
described above shall be constructed at the applicant's expense.
The applicant shall pay the contribution listed in the Table of Fees for
Council to construct the stormwater works described above.
The design is to be reviewed by Council or an Accredited Certifier - Civil
Engineering. The Principal Certifying Authority is to be provided with
certification from an appropriately qualified person that this condition has
been complied with, prior to the issuing of a Construction Certificate.
The stormwater works on the development property and connection to Council's
stormwater system are to be inspected during construction by a competent
practicing hydraulic/civil engineer. The inspections are to be carried out at the
stages of construction listed in the following schedule. A compliance Certificate
verifying that the construction is in accordance with the approved design, this
development consent and satisfies the relevant Australian Standard is to be
submitted to the Principal Certifying Authority before proceeding beyond the
relevant stage of construction.
SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION
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a.
Following placement of pipe bedding material. Confirm trench/pipe
location, adequacy of depth of cover, bedding material and depth.
b.
Following joining of pipes and connection to Council's stormwater system.
c.
For on-site detention systems:
(i)
Following set out of detention tank/area to confirm area and volume
of storage.
(ii)
Following placement of weep-holes, orifice and/or weir flow control,
outlet screen and overflow provision.
d.
Following backfilling. Confirm adequacy of backfilling material and
compaction.
(7)
(8)
Following completion of all drainage works:
a.
Works-as-executed plans, prepared and signed by a registered surveyor,
shall be prepared. These plans shall include levels and location for all
drainage structures and works, buildings (including floor levels) and
finished ground and pavement surface levels. These plans are to be
reviewed by the competent practicing hydraulic/civil engineer that
inspected the works during construction.
b.
The Principal Certifying Authority is to be provided with a Certificate from a
competent practicing hydraulic/civil engineer. The Certificate shall state
that all stormwater drainage and related work has been constructed in
accordance with the approved plans and consent conditions as shown on
the work-as-executed plans, prior to the issuing of an Occupation
Certificate.
A Positive Covenant under section 88E of the Conveyancing Act shall be
created on the title of the property(s) detailing the:
(i)
(ii)
On-site Stormwater Detention system
Pump and rising main system
incorporated in the development. The wording of the Instrument shall include but
not be limited to the following:
a.
The proprietor of the property agrees to be responsible for keeping clear
and the maintenance of the facilities consisting of:
(i)
(ii)
On-site Stormwater Detention system
Pump and rising main system
b.
The proprietor agrees to have the facilities inspected annually by a
competent practicing Hydraulic/Civil Engineer.
c.
The Council shall have the right to enter upon the land referred to above,
at all reasonable times to inspect, construct, install, clean repair and
maintain in good working order the facilities in or upon the said land; and
recover the costs of any such works from the proprietor.
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d.
19 AUGUST 2013
The registered proprietor shall indemnify the Council and any adjoining
land owners against damage to their land arising from failure of any
component of the facilities.
The applicant shall bear all costs associated with the preparation of the 88E
Instrument. The wording of the Instrument shall be submitted to, and approved
by Council prior to lodgement at the Land and Property Information office.
Evidence that the Instrument has been registered at the Land and Property
Information office shall be submitted to Council, prior to issuing of an
Occupation Certificate.
(9)
The pump system is only permitted for the drainage of the basement areas
where the finished slab is below the ground level. The following conditions are to
be satisfied:
a.
A pump and rising main design shall be submitted to the Principal
Certifying Authority and shall satisfy the following conditions:
(i)
The holding tank for the pump shall be capable of storing runoff from
a one hour, 1 in 100 year ARI storm event.
(ii)
The pump system shall consist of two (2) pumps, connected in
parallel, with each pump being capable of emptying the holding tank
at a rate equal to the lower of the allowable on site detention
discharge rate, or the rate of inflow for the one hour duration storm.
(iii)
An overflow, flashing light and audible alarm are to be provided, to
warn of pump failure.
(iv)
Full details of the holding tank, pump type, discharge rate and the
delivery line size are to be documented.
(v)
Any drainage disposal to the street gutter, from a pump system must
have a stilling sump provided at the property line, and connected to
the street gutter by a suitable gravity line.
(vi)
The capacity of the stilling sump and outlet pump shall be
determined and verified by calculations which are to be documented.
b.
Pumping system details shall be submitted to Council or an Accredited
Certifier - Civil Engineering, prior to the issuing of a Construction
Certificate.
c.
The applicant shall submit written evidence to the Principal Certifying
Authority that a contract has been let for the regular maintenance of the
pumping system for a minimum period of 12 months. Information to be
submitted to the Principal Certifying Authority prior to issuing of an
Occupation Certificate.
(10) The applicant shall revise the stormwater drainage plan, to allow for an OSD
system which is not to be in a private courtyard, and located in the common
area. Additional measures are to be taken to discourage modification by
landscaping, as shown on the Landscaping Plan Drawing No. L-01.
(11) All activities and works external to the site, or that affect public roads, are to be
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carried out in accordance with Council's Policies including but not limited to the
Code for Activities Affecting Roads, Rubbish Skips Policy, Work Zone Policy and
Temporary Road Closure (Including Standing Plant) Policy.
(12) A road-opening permit shall be obtained for all works carried out on public or
Council controlled lands. Restoration of landscaping, roads and paths shall be
carried out by Council at the applicant's expense in accordance with Council's
restoration rates. The applicant or any contractors carrying out works in public or
Council controlled lands shall have public liability insurance cover to the value of
$20 million, and shall provide proof of such cover to the Principal Certifying
Authority prior to carrying out the works.
(13) Spoil and building materials shall not be placed, stored, thrown or caused to fall
on any public roadway or footpath. Waste containers shall be placed in
accordance with Council's Rubbish Skips Policy. Contact Council for a list of
approved skip bin suppliers.
(14) The builder is to ensure footpaths and roads affected by construction works are
kept safe and prevent any damage to Council property. The builder shall erect
and maintain where necessary approved hoardings, barricades, warning signs
and night warning lamps to ensure public safety. Pedestrian access across the
footpath must be maintained at all times.
(15) The following matters shall apply to the damage deposit listed in the Table of
Fees:
a.
This deposit is refundable if no damage occurs. Any damage caused will
be repaired at Council's restoration rates, at the applicant's expense. All or
part of the deposit will be forfeited to cover damage to Council's property
during the course of demolition and/or construction.
b.
Council will carry out two inspections of the Council's footpath, kerb and
gutter, stormwater drainage system and roadway, prior to works
commencing and at the completion of all work covered by this consent.
Council is aware that damage may be caused by individual contractors
that culminate in the damage inspected at Council's final inspection. The
applicant is responsible for attributing any part of the damage to their
individual contractors. Council will not refund any part of a damage
deposit until the completion of the work covered by this consent.
(16) The following matters apply to the construction of the proposed vehicular
crossing listed in the Table of Fees:
a.
A vehicular crossing 7m wide to Byer Street shall be constructed by the
Applicant/Council at the applicant’s cost.
b.
The cost of any necessary adjustments to public utility services is not
included, and shall be paid by the applicant to the relevant authority prior
to Council commencing the work.
c.
The driveway shall be 1m clear of any pits, lintels, poles and 2m clear of
trees in the road reserve.
d.
All redundant vehicular crossings shall be removed and replaced with kerb
and gutter and footpath at no cost to Council.
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(17) Internal driveway levels shall be designed and constructed to conform with
existing footpath and road profiles such that vehicles are not damaged while
accessing the property. Council footpath and road profiles will not be altered for
this purpose.
(18) Stormwater from all roof and paved surfaces shall be collected and discharged
by means of a gravity pipe to Council's street drainage system.
(19) The applicant is to have prepared a longitudinal section of the proposed
vehicular ramp access, drawn at 1:25 natural scale.
a.
The longitudinal section shall be prepared by a competent practicing civil
engineer in accordance with AS 2890.1.
b.
The design is to be reviewed by Council or an Accredited Certifier - Civil
Engineering prior to the issuing of a Construction Certificate.
(20) a.
Temporary measures shall be provided during demolition, excavation
and/or construction to prevent sediment and polluted waters discharging
from the site.
b.
An erosion and sediment control plan showing such measures shall be
prepared by a competent practicing hydraulic/civil engineer in accordance
with Supplement 10 of Council's Stormwater Management Code.
(21) All demolition and excavation materials are to be removed from the site or
disposed off site using methods that comply with relevant environmental
protection legislation.
(22) Vehicles removing demolished materials from the site shall access and depart
from the site through Byer Street and Liverpool Road. Vehicles involved in
removing materials from the site shall be limited to an 8 tonne gross weight per
axle.
TRAFFIC
(1)
The following car spaces are to be provided:
a.
b.
c.
24 resident car spaces – 2 of which are accessible spaces.
5 visitor car spaces.
8 bicycle storage spaces.
(2)
The two (2) accessible car spaces shall be relocated to car space Nos. 21-23,
on basement level 2, to avoid the structural column.
(3)
The design, layout, signage, line marking, lighting and physical controls of all offstreet parking facilities must comply with the minimum requirements of
Australian Standard AS/NZS 2890.1-2004 Parking Facilities Part 1: Off-street
car parking and Council’s DCP.
(4)
A system of traffic lights and/or mirrors must be installed at the ends of any
single lane ramp, to indicate traffic movement on the ramp(s). This system must
be detailed in the application for a Construction Certificate. Any system using
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traffic light signals must maintain a green signal to entering vehicles at the point
of entry, and must maintain a red signal when an existing vehicle is detached
upon the ramp or driveway.
(5)
The car parking for people with mobility impairment shall be in accordance with
Australian Standard AS/NZS 2890.1-2004 Parking facilities Part 1: Off-street car
parking. Accessible car parking spaces must have a minimum headroom of
2.5m and must be clearly marked and appropriately located as accessible
parking for people with mobility impairment.
(6)
Provision of a car washing bay equipped with a tap, hose and drainage in
accordance with Sydney Water’s requirements.
Note: The car wash bay can be one of the visitor spaces.
B.
That the objectors be advised of the determination.
(Moved Deputy Mayor Ernest Wong/Seconded Councillor Justin Taunton)
Councillors Lesley Furneaux-Cook and Justin Taunton called for a DIVISION.
The DIVISION was taken and the names of the Councillors voting FOR and AGAINST
were as follows:
FOR
Councillor Wong
Councillor Mannah
Councillor Taunton
Councillor Doueihi
Total (4)
AGAINST
Councillor Furneaux-Cook
Total (1)
This concluded the business of the meeting and Council rose at 8.22pm.
Confirmed this 9th Day of December 2013.
CHAIRPERSON
BUILDING AND DEVELOPMENT COMMITTEE
GENERAL MANAGER
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