ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 01 September 2020

T O ST R IV E F O R B E T T ER T H IN G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 01 SEPTEMBER, 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 1197/2020/LD - TWO STOREY DWELLING AND RETAINING WALLS - LOT 22 DP 270784, NO. 6 COLEMAN COURT, NORTH KELLYVILLE

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 18 AUGUST 2020

PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Paul Osborne Manager – Development Assessment

Ben Hawkins Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services Nicholas Carlton Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES Nil

TIME OF COMMENCEMENT 8.30am

TIME OF COMPLETION 8.48am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 4 August 2020 be confirmed.

ITEM-2 1592/2019/HA - CONSTRUCTION OF 36 ATTACHED DWELLINGS AND TWO RETAIL/BUSINESS BUILDINGS WITH BASEMENT CARPARKING AND ASSOCIATED SUBDIVISION – PROPOSED LOT 200 IN A SUBDIVISION OF LOT 1 DP 528019 AND LOT 37 DP 38439, RMB 73-75 WINDSOR ROAD, NORWEST

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

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PAGE 4 DECISION

The application be approved subject to conditions of consent outlined in the report with additional referenced plans in Condition 1 as follows:

PROJECT NO.

DESCRIPTION DWG NO. REVISION DATE

20180303 Civil Works – Deceleration Lane – General Arrangement Plan

1 of 2 6 15/07/2020

20180303 Civil Works – Deceleration Lane – General Arrangement Plan

2 of 2 6 15/07/2020

REASONS FOR THE DECISION

• Section 4.15 (EP&A Act) – Satisfactory.

• LEP 2012 – Satisfactory.

• SEPP No. 55 – Remediation of Land – Satisfactory.

• SEPP (BASIX) 2004 – Satisfactory.

• SEPP (Infrastructure) 2007 – Satisfactory.

• DCP Part B Section 6 – Business – Variation, see report.

• DCP Part C Section 1 – Parking – Variation, see report.

• DCP Part C Section 3 – Landscaping – Variation, see report.

• DCP Part D Section 7 – Balmoral Road Release Area –

• Variation, see report.

• Section 7.11 Contribution: $1,616,086.95

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and one (1) submission was received. The issues raised were discussed in the report.

ITEM-3 1476/2020/HA - HOME BASED BUSINESS (BEAUTY SALON) - LOT 5133 DP 1231109, NO. 11 AVIOR STREET, BOX HILL

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

DECISION

The application be refused on the grounds outlined in the report.

REASONS FOR THE DECISION

• Section 4.15 (EP&A Act) – Unsatisfactory.

• SEPP Growth Centres – Satisfactory.

• Box Hill DCP – Variations required, see report.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and one (1) submission was received. The issues raised were discussed in the report.

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PAGE 5 ITEM-2 1197/2020/LD -- TWO STOREY DWELLING AND RETAINING WALLS - LOT 22 DP 270784, NO. 6 COLEMAN COURT, NORTH KELLYVILLE

THEME: Shaping Growth

OUTCOME: 5 Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.

STRATEGY:

5.1 The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.

MEETING DATE: 1 SEPTEMBER 2020

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: TOWN PLANNER

ISAAC CAMILLERI

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER KRISTINE MCKENZIE

Applicant Built to Last Pty Ltd Owner A. Gottra and R. Paul Notification 1^stNotification : 14 days

2^nd Notification: 14 days Number Advised 1^st Notification: 6

2^nd Notification: 6 Number of Submissions 1^st Notification: 2

2^nd Notification:1

Zoning E4 Environmental Living

Site Area 1,001m²

List of all relevant s4.15(1)(a) matters

Section 4.15 (EP&A Act) – Satisfactory.

SEPP (Sydney Region Growth Centres) – Satisfactory.

SEPP (BASIX) – Satisfactory.

North Kellyville Development Control Plan 2018 – Variations required, see report.

Political Donation None Disclosed

Reasons for Referral to DAU 1. Variations to DCP 2. Submissions received.

Recommendation Approval subject to conditions

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PAGE 6 EXECUTIVE SUMMARY

The Development Application is for the construction of a two storey dwelling with an underfloor garage and retaining walls.

The proposal has been assessed against the provisions of North Kellyville Development Control Plan 2018 and satisfies the controls with the exception of the extent of cut and fill and the height of the finished floor level above the finished ground level. The DCP requires that cut and fill shall not exceed 500mm and the finished floor level shall not be higher than 1m above the finished ground level. The proposal includes a maximum 1.8m of cut, 950mm of fill and a finished floor level which is 1.2m higher than the finished ground level. The cut, fill and the height of the finished floor level of the proposed dwelling is considered reasonable given the sloping nature of the site and will not result in unreasonable amenity impacts to adjoining properties.

The application was notified on two occasions and two submissions were received during the first notification period and one submission was received during the second notification period. The issues raised relate to acoustic and visual privacy concerns, the height of the dwelling and intended usage. The proposed dwelling is considered to be appropriately designed in regards to visual and acoustic privacy, with the dwelling being a maximum of two storeys in height and below the SEPP height of building limit of 9m.

The application is recommended for approval subject to conditions.

BACKGROUND

The subject application was lodged on 12 March 2020 for the construction of a two storey dwelling, swimming pool and retaining walls. The application was notified to neighbouring properties for 14 days and two submissions were received.

Amended plans were requested on 21 April 2020 to address issues relating to acoustic and visual privacy concerns, extent of cut and fill and the height of the dwelling.

Amended plans were received on 26 June 2020 which deleted the swimming pool from the application, redesigned the internal layout of the dwelling and reduced the dwelling floor levels. The application was renotified to neighbouring property owners and one submission was received.

PROPOSAL

The Development Application is for the construction of a two storey dwelling with an underfloor garage and retaining walls.

The dwelling façade is proposed to be constructed using a combination of rendered brick and cladding. The roof is constructed from colorbond and has a skillion design which is hidden from view by the parapet wall. The colour scheme of the dwelling is contrasting with light beiges and darker browns, which will complement the streetscape.

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PAGE 7 ISSUES FOR CONSIDERATION

1. Compliance with the North Kellyville Development Control Plan

The proposal has been assessed against the provisions of The North Kellyville Development Control Plan particularly:-

• Section 4 – Residential Development

The proposed development achieves compliance with the relevant requirements of the above Development Controls with the exception of the following:

DEVELOPMENT CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE Cut and fill Excavation shall not

exceed 500mm or fill exceed 500mm from the present surface level of the land.

Maximum 1.8m of cut and 950mm of fill

No, however the extent of

earthworks is considered satisfactory given the slope of the site.

Finished floor level height

The ground floor level shall be no more than 1m above finished ground level.

Ground floor is 1.2m above the finished ground level

No, however the extent of

earthworks is considered satisfactory given the slope of the site.

a) Cut and Fill

The DCP requires that cut and fill shall not exceed 500mm. The proposal includes a maximum cut of 1.8m and a maximum fill of 950mm for the proposed dwelling. The cut is associated with the underfloor garage and the fill with the entrance to the dwelling.

Attachment 5 shows the extent of cut and fill.

The applicant has provided the following justification for the variation.

The site slopes 1.5m from the front north boundary to the front south boundary and 4.1m from the front west boundary to the rear east boundary. The dwelling is designed to follow the topography of the site, due to the slope of the block, cut and fill of more than 500mm is required to place the building footprint. Cut and fill has been reduced where possible and is mainly required for the garage.

Comment:

The objectives of the DCP are:

• To minimise the extent of cut and fill within residential allotments.

• To protect and enhance the aesthetic quality of the area by controlling the form, bulk and scale of land forming operations.

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• To ensure that filling material is satisfactory and does not adversely affect the fertility of salinity of soil, or the quality of surface water or ground water.

• To ensure that the amenity of adjoining residents is not adversely affected by any land forming operations.

The site slopes approximately 4m from the rear to the front of the site. The extent of cut and fill has been minimised within the design, with stairs within the ground floor incorporated into the layout to follow the topography of the site.

There is no external filling material to be bought onto the site, with all surface water and roof water being diverted to the rain garden ensuring quality of stormwater is not affected. The amenity of adjoining neighbours has not been unreasonably impacted as the dwelling has a compliant side setback and includes privacy screens and raised sill heights to protect the amenity of the subject dwelling and adjoining dwellings.

The proposed variation to cut and fill can be supported in this instance.

b) Finished Floor Level

The DCP requires that the ground floor level shall be no more than 1m above finished ground level. The proposal includes a maximum ground floor level of 1.2m for the proposed dwelling which is located at the front entry to the dwelling (See Attachment 5).

The applicant has provided the following justification for the variation.

The site slopes 1.5m from the front north boundary to the front south boundary and 4.1m from the front west boundary to the rear east boundary. The dwelling is designed to follow the topography of the site, due to the slope of the block, cut and fill of more than 500mm is required to place the building footprint. Cut and fill has been reduced where possible and is mainly required for the garage.

Comment:

The relevant objectives of this clause of the DCP are:

• To ensure development is of a scale appropriate to protect residential amenity.

• To ensure building heights achieve built form outcomes that reinforce quality urban and building design.

The site slopes approximately 4m from the rear to the front. The extent of the ground floor exceeding 1m in height is located at the front dwelling entry, which has been minimised through the use of stairs within the ground floor and external planter boxes screening the visual impact.

The proposed dwelling is considered to be an appropriate scale to protect residential amenity as the building height is within the SEPP (Sydney Region Growth Centres) height limit of 9m, has the appearance of a two storey dwelling from three elevations. Shadow impact to adjoining properties is satisfactory as the adjoining properties receive solar access to the principal private open space in accordance with the DCP requirements.

The proposed variation to the finished floor level height can be supported in this instance.

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PAGE 9 2. Issues Raised in Submissions

The proposal was notified for 14 days and renotified for seven days. Two submissions were received during the first notification period and one submission during the second notification period. The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT

Excessive noise will be generated from a large open entertainment area, enhanced by a second storey balcony that overhangs the courtyard.

The alfresco and courtyard areas are set back 3.4 metres from the northern boundary. The alfresco area is screened by a full height wall and the courtyard area is screened with a 1.8m high wall.

The upper floor balcony is accessed through a bedroom which is not a high traffic area. The balcony is oriented towards the front of the property and a solid wall is provided on its northern side adjacent to the objector’s property.

The proposal is expected to generate noise of a level that is consistent with a dwelling house.

The location and existence of the second level balcony is of great concern and in very close proximity to 3 children's bedrooms and provides direct vision into their bedrooms and bathroom.

The dwelling includes three balconies on the first floor. Two balconies front Coleman Court and the closest balcony is setback 9m from the northern boundary. The third balcony overlooks the courtyard and is accessed through the master bedroom which is not considered to be a main habitable area. The balcony provides a solid wall along the north elevation which limits sight lines into the adjoining property and bedrooms. It is noted that the balcony is only 1.5m in depth which will limit its use.

The proposed house is something in the order of 70squares and the ultimate intention and use of the dwelling as two dwellings raises concerns.

The dwelling satisfies the site coverage

requirements of the North Kellyville Development Control Plan. The internal layout does not

resemble a dual occupancy or secondary dwelling design. There is a bedroom located on the ground floor, however, it is open to the rest of the dwelling and has no separate cooking facilities or utilities.

In addition, a condition has been recommended which restricts the building use to prohibit separate habitation and dual occupancy (See Condition 6).

Concern is raised over the height of the building due to the fill and the resulting overshadowing effects.

The dwelling is two storey in height. SEPP

(Sydney Region Growth Centres) has a height limit of 9 metres and the proposed dwelling has a maximum height of 8.9 metres. The fill is

considered satisfactory given the constraints of the site and this matter is addressed in Section 1 above. The subject and adjoining properties achieve compliance with solar access to Principal Private Open Space in accordance with the DCP requirements.

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PAGE 10 CONCLUSION

The Development Application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, State Environmental Planning Policy (Sydney Region Growth Centres) 2006 and the North Kellyville Precinct Development Control Plan 2018 and is considered satisfactory. The issues raised in the submissions have been addressed in the report and do not warrant refusal of the application.

Approval is recommended subject to conditions.

IMPACTS Financial

This matter has no direct financial impact upon Council's adopted budget or forward estimates.

The Hills Future Community Strategic Plan

The proposed development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures a consistent built form is provided with respect to the streetscape and general locality.

RECOMMENDATION

Approval subject to conditions GENERAL MATTERS

1. Development in Accordance with Submitted Plans(as amended)

The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent.

The amendments in red include:

- Garden Shed not approved under 1197/2020/LD REFERENCED PLANS AND DOCUMENTS

PROJECT NO. DESCRIPTION DRAWING NO. REVISION DATE

BTL 02/20 Cover Page DA 01 4 22/07/20

BTL 02/20 Site Plan DA 02 4 22/07/20

BTL 02/20 Basement Floor Plan DA 04 4 22/07/20

BTL 02/20 Ground Floor Plan DA 05 4 22/07/20

BTL 02/20 First Floor Plan DA 06 4 22/07/20

BTL 02/20 Roof Plan DA 07 4 22/07/20

BTL 02/20 Elevations DA 08 4 22/07/20

BTL 02/20 Elevations DA 09 4 22/07/20

BTL 02/20 Cross Section 1 DA 10 4 22/07/20

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PROJECT NO. DESCRIPTION DRAWING NO. REVISION DATE

BTL 02/20 Stormwater Concept DA 16 4 22/07/20

BTL 02/20 Landscape Plan DA 17 4 22/07/20

BTL 02/20 External Colour Schedule DA 19 4 22/07/20

BTL 02/20 Cut and Fill Plan DA 21 4 22/07/20

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.

2. External Finishes

External finishes and colours shall be in accordance with the details submitted with the development application and approved with this consent.

3. Rain Garden and Rainwater Reuse Tank

A rain garden and rainwater reuse tank is required to be constructed in accordance with the following documents and requirements:

• Council’s Typical Rain Garden Plan and Details (Standard Drawing 44)

• Council’s Rain Garden Installation Guide and Specifications

The area/ volume of the rain garden must comply with the restriction that appears on the title of the subject site.

4. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or an Accredited Certifier.

Plans submitted with the Construction Certificate are to be amended to incorporate the conditions of the Development Consent.

5. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

6. Restriction on Building Use

The site is not to be used or converted for use for separate habitation, dual occupancy, commercial or industrial purposes.

7. Bushfire Requirements - BAL 29 – Residential i) Asset Protection Zones

At the commencement of building works and in perpetuity the entire property shall be managed as an Inner Protection Area (IPA) as outlined within section 3.2 and Appendix 4 of Planning for Bush Fire Protection 2019 and the NSW Rural Fire Service's document Standards for asset protection zones.

The Inner Protection Area shall comprise of the following:

● minimal fine fuel at ground level;

● vegetation that does not provide a continuous path to building/s for the transfer of fire;

● shrubs and trees that do not form a continuous canopy and vegetation is planted/cleared into clumps rather than continuous rows;

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● species that retain dead material or deposit excessive quantities of ground fuel are avoided;

● shrubs and trees are pruned or removed so they do not touch or overhang the building/s; and

● vegetation is located far enough away from the building/s so that plants will not ignite the building/s by direct flame contact or radiant heat emission.

ii) Water and Utilities

a) Water, electricity and gas are to comply with section 7.4 of Planning for Bush Fire Protection 2019.

iii) Design and Construction

a) New construction shall comply with section 3 and section 7 (BAL 29) Australian Standard AS3959 ''Construction of buildings in bush fire-prone areas' and the additional construction requirements contained within Sections 7.5, 7.5.1, 7.5.2, 7.5.4 (where applicable), and 7.6 (where applicable) of Planning for Bush Fire Protection 2019. Any retaining structures or free-standing walls shall also meet the requirements of Section 7.6.

b) All Class 10a structures as defined per the ''Building Code of Australia'' attached to or within 6 metres of the habitable building shall comply with section 7 (BAL 29) Australian Standard AS3959 ''Construction of buildings in bush fire-prone areas' and the additional construction requirements contained within Sections 7.5, 7.5.1, 7.5.2, 7.5.4 (where applicable), and 7.6 (where applicable) of Planning for Bush Fire Protection 2019.

c) Where fitted, leaf protection to stop the accumulation of debris to new roofing valleys and guttering shall be non-combustible.

iv) Landscaping

Landscaping to the site is to comply with the principles of Appendix 4 of Planning for Bush Fire Protection 2019. In this regard the following landscaping principles are to be incorporated into the development:

● Grassed areas/mowed lawns/ or ground cover plantings being provided in close proximity to the building;

● Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building;

● Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters);

● When considering landscape species consideration needs to be given to estimated size of the plant at maturity;

● Avoid species with rough fibrous bark or which retain/shed bark in long strips or retain dead material in their canopies;

● Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown;

● Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter);

● Avoid climbing species to walls and pergolas;

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● Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building;

● Use of low flammability vegetation species.

8. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted as part of the Development Application must be implemented except where contrary to other conditions of consent. The information submitted regarding construction and demolition wastes can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan.

Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool

www.wastelocate.epa.nsw.gov.au.

9. Management of Construction and/or Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials such as paper and containers which must not litter the site or leave the site onto neighbouring public or private property. A separate dedicated bin must be provided onsite by the builder for the disposal of waste materials such as paper, containers and food scraps generated by all workers. Building waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a building waste container in a public place.

Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. The separation and recycling of the following waste materials is required: metals, timber, masonry products and clean waste plasterboard. This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a waste contractor or transfer/sorting station that will sort the waste on their premises for recycling. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.

10. Commencement of Domestic Waste Service

A domestic waste service must be commenced with Council and its Contractor. The service must be arranged no earlier than two days prior to occupancy and no later than seven days after occupancy of the development. All requirements of Council’s domestic waste management service must be complied with at all times. Contact Council’s Resource Recovery Team on (02) 9843 0310 to commence a domestic waste service.

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PAGE 14 PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

11. Rain Garden and Rainwater Reuse Tank

The Construction Certificate issued for this dwelling must include the rain garden and rainwater reuse tank conditioned earlier in this consent.

PRIOR TO WORK COMMENCING ON THE SITE 12. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not already provided) must be submitted to the Principal Certifier upon request prior to works commencing.

Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or telephone 13 20 92.

13. Management of Building Sites

The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours contact name and telephone number.

14. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after building, to the electricity meters and metering equipment.

15. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively an approved chemical closet is to be provided on the land, prior to building operations being commenced.

16. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

17. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls shall be in accordance with the requirements with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

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PAGE 15 18. Details and Signage - Principal Contractor and Principal Certifier

Details

Prior to work commencing, submit to the Principal Certifier notification in writing of the principal contractor’s (builder) name, address, phone number, email address and licence number.

No later than two days before work commences, Council is to have received written details of the Principal Certifier in accordance with Clause 103 of the Environmental Planning and Assessment Regulations 2000.

Signage

A sign is to be erected in accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000. The sign is to be erected in a prominent position and show – a) the name, address and phone number of the Principal Certifier for the work,

b) the name and out of working hours contact phone number of the principal contractor/person responsible for the work.

The sign must state that unauthorised entry to the work site is prohibited.

DURING CONSTRUCTION 19. Location of Works

The total extent of the development shall be contained wholly within the confines of the allotment boundaries including the footings and any associated drainage lines of the retaining walls. A survey report from a registered land surveyor may be required for confirmation of the same.

20. Rain Garden – Construction Checklist Compliance

During construction of the rain garden Council’s Rain Garden Installation Guide and Specifications must be followed, a copy of which is available on Council’s website.

The Construction Checklist (Appendix A) included with the installation guide/ specifications must be completed by the person constructing the rain garden and a copy submitted to Council.

21. Hours of Work

Work on the project to be limited to the following hours: - Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors regarding the hours of work.

22. Roof Water Drainage

Gutter and downpipes to be provided and connected to an approved drainage system upon installation of the roof covering.

23. Survey Report and Site Sketch

A survey report and site sketch signed and dated (including contact details) by the registered land surveyor may be requested by the Principal Certifier during construction. The survey shall confirm the location of the building/structure in relation to all boundaries and/or levels.

As of September 2018 the validity of surveys has been restricted by legislation to 2 years after issue.

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PAGE 16 24. Deepened Edge Beam

All fill is to be contained within the deepened edge beam as shown on the approved plans.

The deepened edge beam is to extend to natural ground level. No fill is to be placed to the exterior of the building unless otherwise shown on the approved plans.

25. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this Development Consent that all commitments listed in BASIX Certificate No.

1084589S_02 is to be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.

26. Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage inspections to be carried out for building work as prescribed by Clause 162A of the Environmental Planning and Assessment Regulation 2000. Prior to allowing building works to commence the Principal Certifier must give notice of these inspections pursuant to Clause 103A of the Environmental Planning and Assessment Regulation 2000.

An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspection or other inspection required by the Principal Certifier is not carried out. Inspections can only be carried out by the Principal Certifier unless agreed to by the Principal Certifier beforehand and subject to that person being an accredited certifier.

27. Landscaping Works

Landscaping works, associated plantings and the construction of any retaining walls are to be undertaken generally in accordance with the approved plans.

28. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

• Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the construction work;

• All dusty surfaces must be wet down and suppressed by means of a fine water spray.

Water used for dust suppression must not cause water pollution; and

• All stockpiles of materials that are likely to generate dust must be kept damp or covered.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE 29. Rain Garden and Rainwater Reuse Tank

An Occupation Certificate must not be issued prior to the completion of the rain garden and rainwater reuse tank required by this consent. A copy of the completed Construction Checklist (Appendix A) included with Council’s Rain Garden Installation Guide and Specifications must be submitted to Council.

30. Retaining Walls

All retaining walls shown on the approved plans shall be completed prior to the issue of a

“Whole” Occupation Certificate.

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PAGE 17 THE USE OF THE SITE

31. Maintenance of Landscaping Works

The landscaping works, associated plantings and construction of retaining walls are to be effectively maintained at all times and throughout the life of the development

32. Restricted Vehicular Access

Vehicular access to the rear of the lot via the northern setback shall not be formalised, with no vehicles permitted to park on the path or in the rear yard.

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Site Plan

4. Cut and fill Plan 5. Elevations

6. Shadow Diagrams 7. Landscape Plan 8. Perspective

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PAGE 18 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 19 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 20 ATTACHMENT 3 –SITE PLAN

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PAGE 21 ATTACHMENT 4 – CUT AND FILL PLAN

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PAGE 22 ATTACHMENT 5 – ELEVATIONS

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PAGE 23

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PAGE 24

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PAGE 25 ATTACHMENT 6 – SHADOW DIAGRAMS

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PAGE 26 ATTACHMENT 7 – LANDSCAPE PLAN

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PAGE 27 ATTACHMENT 8 – PERSPECTIVE