ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 02 June 2020

T O S T R I V E F O R B E T T E R T H I N G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 02 JUNE, 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 28/2020/HA - ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING AND OCCUPATION AND FITOUT OF PART OF THE DWELLING AS HEALTH CONSULTING ROOMS - LOT 22 DP 224797, 37 MERINDAH ROAD, BAULKHAM HILLS

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MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 19 MAY 2020

PRESENT

Cameron McKenzie Group Manager – Development & Compliance Paul Osborne Manager – Development Assessment

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

Nicholas Carlton Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES

Craig Woods Manager – Regulatory Services

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8:50am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 12 May 2020 be confirmed subject to an amendment to Item 5 under the heading REASONS FOR THE DECISION to read as follows:

 Section 4.15 – Satisfactory

 Section 4.55 – Satisfactory

 Section 7.11 - $1,167,391.20

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION:

The development application was not required to be notified.

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ITEM-2 DA 23372018/LD/B - SECTION 4.55(2) MODIFICATION TO AN APPROVED THREE STOREY DWELLING, INGROUND SWIMMING POOL AND RETAINING WALLS - LOT 5 DP 286704, NO. 18 BERNABEAU STREET, NORTH KELLYVILLE

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 Section 4.55(2) application for modification of Development Consent 2337/2018/LD/B be approved as follows:

CONDITIONS OF CONSENT

1. Condition 1 be deleted and replaced as follows:

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: -

Pool safety fencing to comply with AS1926.1-2012.

Bushfire protection and construction to be in accordance with the Consultant’s

“Bushfire Hazard Assessment” report.

Privacy screens are to be provided to the al fresco on the northern and southern sides, at least 1.5 metres above the al fresco floor level and they are to have no individual opening more than 30mm wide.

Obscure glazing or solid screening is to be provided to the alfresco balustrade.

The privacy screen provided to the proposed balcony on the eastern (rear) elevation is to be a minimum 1.7 metres above the balcony floor level with no individual opening more than 30mm wide. The balcony is not permitted to be fully enclosed and is to remain as an open structure. The privacy screen is to be provided within six (6) months from the endorsed date of this Consent.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO DESCRIPTION SHEET REVISION DATE

18.05 Site Plan DA01 C 05/04/2020

18.05 Ground Floor Plan DA02 C 05/04/2020

18.05 Basement Floor Plan DA03 C 05/04/2020

18.05 First Floor Plan DA04 C 05/04/2020

18.05 Sections DA05 C 05/04/2020

18.05 Elevations DA06 C 05/04/2020

18.05 Shadow Diagrams DA08A,

DA08B, DA08C.

16/01/2020

BR-100618-A Bushfire Hazard Assessment 21 pages A 24/06/2018

17-033 Schedule of External Finishes - - 2018

4070/1 Survey 1 A 13/01/2018

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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. Condition 14a be added as follows:

14a Building Information Certificate (BIC) to be Lodged.

An application for a Building Information Certificate (BIC) to authorise the completed upper floor works is required to be submitted and approved prior to the issue of the new Construction Certificate. The application is required to include architectural plans and all documentation as required confirming that the addition is structurally adequate.

3. Condition 26 be deleted and replaced as follows:

26. 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.

918192S_04 is to be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.

REASONS FOR THE DECISION

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

 Section 4.55(2) (EP&A Act) – Satisfactory

 SEPP Growth Centres – Satisfactory.

The development application was notified and one (1) submission was received.

ITEM-3 DA 794/2020/ZA - NFILL SUBDIVISION CREATING TWO RESIDENTIAL LOTS INCLUDING DEMOLITION - L0T 6002 DP 817992, 4 CRAIGTON PLACE, GLENHAVEN

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

DECISION

It is recommended that the Development Application be refused for the following reasons.

REASONS FOR REFUSAL

1) The application is not satisfactory for the purposes of Section 4.15(1)(a)(iv) of the Environmental Planning and Assessment Act 1979 as the proposal does not meet the following matters prescribed by the Regulations:

The following information has not been submitted and is able to be requested under Clause 54.

a) A plan of subdivision prepared by a registered surveyor.

b) A legal point of stormwater discharge from proposed lot 1 has not been identified (noting an easement is required over adjoining land).

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2) The application is not satisfactory for the purposes of Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 as the proposal is inconsistent with the following provisions from Part B Section 2 Residential of The Hills Development Control Plan 2012:

a) 2.13.1(c) Minimum lot depth

b) 2.13.2(a) Minimum building platform

c) 2.13.2(c) Minimum setbacks for battle-axe lots

d) Residential Sheet Map 3 – Restricted Development Areas and Gilbert Road setback 3) The application is not satisfactory for the purposes of Section 4.15(1)(b) of the

Environmental Planning and Assessment Act 1979 as the proposal has not considered the likely impacts of the development.

4) The application is not satisfactory for the purposes of Section 4.15(1)(c) of the Environmental Planning and Assessment Act 1979 as the site is not suitable for the proposed development.

5) The application is not satisfactory for the purposes of Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979 as the proposal is not in the public interest.

REASONS FOR THE DECISION

 Section 4.15 (EP&A Act) – Satisfactory

 The Hills LEP 2019 – Satisfactory

 State Environmental Planning Policy 55 – Remediation of Land – Satisfactory

 Biodiversity Conservation Act 2016 – Satisfactory

 The Hills DCP Part B Section 2 Residential – variations sought/ unsatisfactory, see report

The development application was notified and five (5) submissions were received.

NB: A further late submission from the applicant/owner was tabled and discussed at the meeting. This included a request that an alternative plan of subdivision with access to/from Craighton Place for both lots be considered. This proposal was also deemed to be unsatisfactory due to the non-compliant width of the access handle and its gradient.

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ITEM-2 DA 28/2020/HA - ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING AND OCCUPATION AND FITOUT OF PART OF THE DWELLING AS HEALTH CONSULTING ROOMS - LOT 22 DP 224797, 37 MERINDAH ROAD, BAULKHAM HILLS

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: 2 JUNE 2020

DEVELOPMENT ASSESSMENT UNIT

AUTHOR:

SENIOR TOWN PLANNER EAMON MURPHY

RESPONSIBLE OFFICER:

MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant Vaishali Kapadia

Owner Vaishali Kapadia & Jeegar Kumar

Notification 14 days

Number Advised 23

Number of Submissions Three (3)

Zoning R2 Low Density Residential

Site Area 986.40m²

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

Section 4.15 (EP&A Act) – Satisfactory The Hills LEP 2012 & 2019 – Satisfactory Part B Section 2 – Residential - Satisfactory Part C Section 1 – Parking - Satisfactory Part C Section 3 – Landscaping - Satisfactory Part C Section 2 – Signage - Satisfactory Political Donation None Disclosed

Reason for Referral to DAU 1. Submissions received.

Recommendation Approval subject to conditions.

EXECUTIVE SUMMARY

The Development Application seeks to convert part of an existing dwelling into health consulting rooms (dental practice). The health consulting rooms comprise one consulting room, staff facilities and a reception room.

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The subject site is located on land zoned R2 Low Density Residential. The proposed use is permissible in the R2 Low Density Residential zone under the provisions of The Hills Local Environmental Plan 2019.

The application was notified to adjoining property owners and three submissions were received. The issues raised primarily relate to the definition of a health consulting room, inadequate onsite parking, increased street parking, and being out of character with residential area.

It is considered that the proposal is satisfactory in terms of its design and relationship to adjoining properties. The proposal will not unreasonably impact on existing or future residents or adjoining dwellings in respect to amenity or create unreasonable traffic impacts.

The Development Application is recommended for approval subject to conditions.

BACKGROUND

The subject Development Application was lodged on 4 July 2019. The proposal was notified for 14 days and three submissions were received.

On 31 July 2019, a letter was sent to the applicant requesting the submission of additional information to address fire safety and Building Code of Australia (BCA) matters, waste management, hours of operation, parking, stormwater and signage.

The applicant submitted amended plans and information in response to a request for additional information on 29 August 2019.

A further letter was sent to the applicant on 24 September 2019 requesting the submission of additional information to address the issues raised previously by Council’s Engineering Section and Fire Safety Section.

The applicant submitted the requested BCA report on 25 September 2019 and a draft parking layout plan for review on 30 October 2019.

A further letter was sent to the applicant on 25 November 2019 in relation to deficiencies with the submitted BCA report. The applicant submitted further information addressing the fire safety (BCA), drainage and stormwater matters on 4 December 2019.

A letter was sent to the applicant on 18 December 2019 advising of the BCA upgrade works required should any approval be granted.

On 16 January 2020 a further letter was sent to the applicant as parking and stormwater matters still remain outstanding. The applicant submitted amended plans on 21 February 2020 addressing previously raised parking and stormwater matters.

PROPOSAL

The Development Application seeks to convert part of an existing dwelling into a health consulting room (dental practice). The proposal comprises one consulting room, staff facilities and a reception room and includes minor internal alterations, converting an existing breezeway into an internal space, room layout changes and a parking area.

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The hours of operation proposed are between 8.30am to 5.30pm Monday – Friday and 9am to 12pm on Saturday. The practice is closed on Sunday. The practice will be by appointment. The proposed dental clinic will employ two staff, one of which is the owner (dentist) and the other will be the dentist’s assistant.

The Hills Development Control Plan 2012, Part C Section 1- Parking requires that the total number of parking spaces required for health consulting rooms is three (3) spaces per consulting room plus one (1) space per support employee. One consulting room is proposed with one dentist and one support employee; therefore four (4) car spaces are required for the proposed development. A total of five (5) car spaces are provided, including the occupant’s existing car space in the dwelling’s garage, three visitor spaces with one of these being a disabled space, and one staff space.

It is proposed to install a 1.5m x 1.5m (or 2.25m²) non-illuminated business identification sign on the front of the building fronting Merindah Road which complies with the relevant requirements of DCP 2012 Part C Section 2 – Signage and State Environmental Planning Policy No 64—Advertising and Signage.

The proposal also includes minor external alterations to accommodate parking on the site.

This includes new hard stand areas, resurfacing existing areas and landscaping works. The proposed landscaping is 448m²or 45.4% which complies with the required minimum 40%

landscaping and does not exceed the maximum 60% site coverage permitted.

The site is located on a corner lot with access to the proposed dental practice via the existing crossover on the primary Merindah Road frontage. Vehicular access for the dwelling occupant will be from the existing crossover on Benwerrin Avenue.

The locality is characterised predominantly by low density residential developments and other similar health service facilities including a dental clinic at No. 38 Merindah Road, and medical centre at No. 42 Merindah Road.

ISSUES FOR CONSIDERATION

1. Compliance with The Hills Local Environmental Plan 2019

The Hills Local Environmental Plan 2019 came into force on 6 December 2019.

Notwithstanding, Clause 1.8A ‘Savings provision relating to development applications’ states as follows:

1.8A Savings provision relating to development applications

(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note. However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

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Given that the Development Application was lodged on 4 July 2019 before the commencement of THLEP 2019, the application must be determined as if this Plan had not commenced. In this regard, the Development Application is determined under The Hills LEP 2012 (LEP 2012).

2. Compliance with The Hills Local Environmental Plan 2012

The land is zoned R2 Low Density Residential under The Hills Local Environmental Plan (LEP) 2012.

The proposal is defined as health consulting rooms under LEP 2012 being:

health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.

The LEP 2012 definition of a dwelling is as follows:

dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

The proposed use is within an existing dwelling, part of which will remain in use as a residential dwelling, with only a part of the dwelling being proposed for use as health consulting rooms.

Therefore the building is a suite of rooms capable of being occupied or used as a separate domicile, and in this regard meets the LEP definition of a health consulting room.

Health consulting rooms are permissible in R2 Low Density Residential zone, and therefore the proposal is considered satisfactory with regards to LEP 2012.

The objectives of R2 Low Density Residential zone are:

To provide for the housing needs of the community within a low density residential environment.

To enable other land uses that provide facilities or services to meet the day to day needs of residents.

To maintain the existing low density residential character of the area.

The proposal is considered to be consistent with the stated objectives of the zone, in that the proposal enables other land uses that provide facilities or services to meet the day to day needs of residents and maintains the existing low density residential character of the area.

3. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of The Hills Development Control Plan (THDCP) particularly:-

Part B Section 2 – Residential Part C Section 1 – Parking Part C Section 3 – Landscaping Part C Section 2 – Signage

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The proposed development achieves compliance with the relevant requirements of the above Development Controls.

4. Issues Raised in Submissions

The proposal was exhibited and notified for 14 days. The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT

Concerns raised that a business development is proposed within a residential area.

Health consulting rooms are permissible with consent in R2 Low Density Residential zone.

There are already enough health services facilities in the area.

Health consulting rooms are generally located in residential areas and there is no maximum limit of how many health consulting rooms can be within a locality.

Concerns raised that there will be insufficient parking on site and patients will park on the street.

The proposal requires four (4) car parking spaces and provides for five (5) car parking spaces.

It is noted that only two (2) patients at a time will be attending the health consulting rooms, with one appointment at a time and an overlap for the next patient. In this regard, and given it is a small scale dental practice, it is considered that all parking requirements for the proposal can be met on site and off-street, and will not lead to on-street parking congestion issues.

Concerns raised over the type of treatment offered. It was understood that consulting rooms would be for consulting only and not treatment.

Health consulting rooms are defined as a premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time. There is no exclusion on the provision of any form of treatment (medical or dental) in the definition.

5. Internal Referrals

The application was referred to following sections of Council:

Engineering

Environmental Health Resource Recovery Section 7.12

Fire Safety

No objection was raised to the proposal subject to conditions.

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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, The Hills Local Environmental Plan 2012 & 2019 and The Hills Development Control Plan 2012 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

The Development Application be approved subject to the following conditions of consent:

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: -

Tree to be removed and replaced with one of the trees listed in Condition No. 3 Hedging to be planted around the perimeter of the parking area in the area marked in

red. Low grasses planted in front of the hedging facing Merindah Avenue. See Condition No. 3

REFERENCED PLANS AND DOCUMENTS DRAWING

NO.

DESCRIPTION REVISION DATE

A101 Site Plan D February 2020

A102 Floor Plan D February 2020

A103 Elevations D February 2020

A104 Demolition D February 2020

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.

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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. Tree Removal, Replacement and Landscaping Requirements

Approval is granted for the removal of one (1) tree as shown and marked in red on the site plan prepared by Gallant Property, and dated February 2020.

A suitable replacement tree (75 Litre Pot Size) is to be planted in the same location from the following list:

Tristaniopsis laurina ‘Luscious’ – Luscious Watergum Waterhousea floribunda – Weeping Lily Pily

Melaleuca bracteata ‘Revolution Gold’ - Gold Tea Tree

All other trees are to remain and are to be protected during all works. Suitable replacement trees are to be planted upon completion of construction.

The required hedging (300mm pot size at 800mm spacing) and low grasses (140mm pot size at 600mm spacing) around the perimeter of the parking area, marked in red on the site plan, are to be from the following list:

Hedge Plants:

Syzygium ‘Backyard Bliss” – Backyard Bliss Lily Pilly Acmena smithii ‘minor’ – Dwarf Lily Pilly

Murraya paniculata – Orange Jessamine Low Grasses

Lomandra ‘Tanika’ – Tanika Matt Rush

Phormium ‘Bronze Baby’ – Bronze baby NZ Flax Dianella revoluta - Blue Flax-Lily

4. Separate application for other signs

A separate application is required to be submitted to, and approved by Council prior to the erection of any advertisements or advertising structures other than the sign(s) approved in this consent.

5. Vehicular Access and Parking

The formation, surfacing and drainage of all driveways, parking modules, circulation roadways and ramps are required, with their design and construction complying with:

· AS/ NZS 2890.1

· AS/ NZS 2890.6

· AS 2890.2

· DCP Part C Section 1 – Parking

· Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

 All driveways and car parking areas must be prominently and permanently line marked, signposted and maintained to ensure entry and exit is in a forward direction at all times and that parking and traffic circulation is appropriately controlled.

 All driveways and car parking areas must be separated from landscaped areas by a low level concrete kerb or wall.

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 All driveways and car parking areas must be concrete or bitumen. The design must consider the largest design service vehicle expected to enter the site. In rural areas, all driveways and car parking areas must provide for a formed all weather finish.

 All driveways and car parking areas must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

6. Vehicular Crossing Request

Each driveway requires the lodgement of a separate vehicular crossing request accompanied by the applicable fee as per Council’s Schedule of Fees and Charges. The vehicular crossing request must be lodged before an Occupation Certificate is issued. The vehicular crossing request must nominate a contractor and be accompanied by a copy of their current public liability insurance policy. Do not lodge the vehicular crossing request until the contactor is known and the driveway is going to be constructed.

7. Minor Engineering Works

The design and construction of the engineering works listed below must be provided for in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works Specifications Subdivisions/ Developments.

Works within an existing or proposed public road, or works within an existing or proposed public reserve can only be approved, inspected and certified by Council. The application form for a minor engineering works approval is available on Council’s website and the application and inspection fees payable are included in Council’s Schedule of Fees and Charges.

a) Driveway Requirements

The design, finish, gradient and location of all driveway crossings must comply with the above documents and Council’s Driveway Specifications.

The proposed driveway/s must be built to Council’s medium duty standard.

The driveway must be a minimum of wide at the kerb

Specifically, unless additional driveway crossings are clearly shown on the approved plans, only one driveway crossing is approved/ permitted.

A separate vehicular crossing request fee is payable as per Council’s Schedule of Fees and Charges.

b) Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with kerb and gutter together with the restoration and turfing of the adjoining footpath verge area. Specifically, this includes the removal of any existing laybacks, regardless of whether they were in use beforehand or not.

c) Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

Stormwater kerb outlet must be a minimum of 0.5m clear of the existing driveway to Benwerrin Avenue.

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8. 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.

9. 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.

10. Air Conditioner Location

The air-conditioning unit location is to comply with the criteria of exempt development as outlined in the SEPP - Exempt & Complying Development Codes 2008.

You are reminded that the air conditioning must be designed so as not to operate:

(i) between 7am and 10pm — at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary, or

(ii) Between 10pm and 7am — at a noise level that is audible in habitable rooms of adjoining residences.

11. 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.

12. Clinical Waste

A yellow sharps container that complies with AS 4031-1992 must be provided at the premises for the storage and disposal of clinical and sharps waste. Clinical and sharps waste must be collected and disposed of by an authorised waste contractor in accordance with the Protection of the Environment Operations (Waste) Regulation 2005.

13. Management of Construction and/ or Demolition Waste

Any waste generated as a result of construction and/ or demolition for the development is to be reused and recycled where possible, and any residual waste is to be disposed of at a licenced waste facility. 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.

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. 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.

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14. Commencement of Business Waste Service

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

15. Provision of Separate Business Waste Storage Area

A bin storage area sized for a minimum of 2 x 240 litre bins must be provided within the lot boundaries. The business bins must be stored in a separate waste storage area to the domestic bins, to facilitate the separation of residential waste and recycling from business material. Business tenants must not have access to the residential waste storage area, and vice versa for residential occupants. The area must be screened from view from public land and neighbouring residential property and is to be located behind the building line in the rear courtyard, side access path or an approved location that complies with the following requirements. A flat or ramped bin transfer path must be provided leading directly from the bin storage area to the approved bin collection point along the kerbside. The path must have a minimum clear floor width of 820mm, must not exceed a grade of 7% (1:14), be free of steps and must be external to the dwelling. An associated clear nature strip length of 1.66m must be dedicated along the kerbside for bin presentation. The dimensions of a 240 litre bin are 735mm deep, 580mm wide and 1080mm high.

16. Clause 94 Building Upgrade

Under clause 94 of the Environmental Planning & Assessment Regulation 2000, the following Building Code of Australia (BCA) works must be undertaken with the construction certificate works and must be completed prior to an occupation certificate being issued:

i. All existing external walls (including gable ends) of the building which are exposed to a fire source feature must be upgraded to maintain structural stability during a fire and avoid the spread of fire in accordance with CP1 and CP2 of the BCA.

ii. Existing openings in walls that are required to achieve a fire-resistance level must be upgraded to avoid the spread of fire in accordance with CP2 of the BCA.

iii. Fire separation between the existing residential part of the building and proposed dentist consultancy part of the building must be upgraded to maintain structural stability during a fire and avoid the spread of fire in accordance with CP1 and CP2 of the BCA.

iv. The existing building must be upgraded to be accessible in accordance with DP1 and DP8 of the BCA.

v. The existing provisions for egress from the part of the building proposed to be used for the purpose of a dentist consultancy must be upgraded to comply with DP4 and DP6 of the BCA.

vi. Portable fire extinguishers must be provided throughout the existing premises in accordance with AS2444-2001 and E1.6 of the BCA.

vii. The existing smoke alarm system in the residential part of the building must be upgraded to comply with E2.2 of the BCA.

viii. Suitable sanitary facilities for personal hygiene must be provided for use by occupants of the proposed dentist consultancy part of the building accordance with FP2.1 of the BCA.

ix. The existing concrete slab must be upgraded to prevent moisture from causing undue dampness, deterioration of building elements, unhealthy or dangerous conditions, or loss of amenity for occupants in accordance with FP1.5 of the BCA.

x. The existing brick wall (without a damp-proof course) must be upgraded to prevent moisture from causing undue dampness, deterioration of building elements, unhealthy or dangerous conditions, or loss of amenity for occupants in accordance with FP1.5 of the BCA.

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17. Equipment Noise

Consideration shall be given to siting implications of equipment installed for the operation of the premises. The sound level output from the equipment installed shall not exceed 5 dB(A) above the ambient background level at the property boundary.

18. Demolition Works and Asbestos Management

The demolition of any structure is to be carried out in accordance with the Work Health and Safety Act 2011. All vehicles transporting demolition materials offsite are to have covered loads and are not to track any soil or waste materials on the road. Should demolition works obstruct or inconvenience pedestrian or vehicular traffic on adjoining public road or reserve, a separate application is to be made to Council to enclose the public place with a hoard or fence. All demolition works involving the removal and disposal of asbestos must only be undertaken by a licenced asbestos removalist who is licenced to carry out the work.

Asbestos removal must be carried out in accordance with the SafeWork NSW, Environment Protection Authority and Office of Environment and Heritage requirements. Asbestos to be disposed of must only be transported to waste facilities licenced to accept asbestos. No asbestos products are to be reused on the site

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

19. Works on Adjoining Land

Where the engineering works included in the scope of this approval extend into adjoining land, written consent from all affected adjoining property owners must be obtained and submitted to Council before a Construction Certificate or Subdivision Works Certificate is issued.

20. Erosion and Sediment Control/ Soil and Water Management Plan

The detailed design must be accompanied by an Erosion and Sediment Control Plan (ESCP) or a Soil and Water Management Plan (SWMP) prepared in accordance with the Blue Book and Council’s Works Specification Subdivision/ Developments.

A SWMP is required where the overall extent of disturbed area is greater than 2,500 square metres, otherwise an ESCP is required.

An ESCP must include the following standard measures along with notes relating to stabilisation and maintenance:

· Sediment fencing.

· Barrier fencing and no-go zones.

· Stabilised access.

· Waste receptacles.

· Stockpile site/s.

A SWMP requires both drawings and accompanying commentary (including calculations) addressing erosion controls, sediment controls, maintenance notes, stabilisation requirements and standard drawings from the Blue Book.

An ESCP is required for this development.

PRIOR TO WORK COMMENCING ON THE SITE

21. Erosion and Sediment Control/ Soil and Water Management

The approved ESCP or SWMP measures must be in place prior to works commencing and maintained during construction and until the site is stabilised to ensure their effectiveness.

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For major works, these measures must be maintained for a minimum period of six months following the completion of all works.

22. 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 afterhours contact name and telephone number.

23. 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.

24. 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.

25. 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).

26. 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.

27. 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

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suitably revegetated. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction (Blue Book) produced by the NSW Department of Housing.

This will include, but not be limited to a stabilised access point and appropriately locating stockpiles of topsoil, sand, aggregate or other material capable of being moved by water being stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

DURING CONSTRUCTION

28. 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.

29. 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.

30. Landscaping Works

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

31. Stockpiles

Stockpiles of topsoil, sand, aggregate or other material capable of being moved by water shall be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

32. 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.

33. Construction Noise

The emission of noise from the construction of the development shall comply with the Interim Construction Noise Guideline published by the Department of Environment and Climate Change (July 2009).

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PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

34. Section 73 Certificate must be submitted to the Principal Certifier before the issuing of an Occupation Certificate

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 help 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 Certifier before occupation of the development/release of the plan of subdivision.

35. Completion of Engineering Works

An Occupation Certificate must not be issued prior to the completion of all engineering works covered by this consent, in accordance with this consent.

THE USE OF THE SITE

36. Hours of Operation

The hours of operation being restricted to the following: -

Monday to Friday: 8am to 5.30am Saturday: 9am to 12pm

Sunday: Closed

The dental practice shall be conducted by appointment basis.

Any alteration to the above hours of operation will require the further approval of Council.

37. 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.

38. Offensive Noise

The use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to “offensive noise” as defined under the provisions of the Protection of the Environment Operation Act 1997.

39. Lighting

Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of Obtrusive Effects of Outdoor Lighting.

40. Offensive Noise - Acoustic Report

The use of the premises and/or machinery equipment installed must not create offensive noise so as to interfere with the amenity of the neighbouring properties.

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Should an offensive noise complaint be received and verified by Council staff, an acoustic assessment is to be undertaken (by an appropriately qualified consultant) and an acoustic report is to be submitted to Council’s Manager – Environment and Health for review. Any noise attenuation measures directed by Council’s Manager - Environment and Health must be implemented.

41. Waste and Recycling Management

To ensure the adequate storage and collection of waste from the use of the premises, all garbage and recyclable materials emanating from the premises must be stored in the designated waste storage area, which must include provision for the storage of all waste generated on the premises between collections. Arrangement must be in place in all areas of the development for the separation of recyclable materials from garbage. All waste storage areas must be screened from view from any adjoining residential property or public place.

The waste storage area must be kept clean and tidy, bins must be washed regularly, and contaminants must be removed from bins prior to any collection.

42. Provision of Parking Spaces

The development is required to be provided with five (5) off-street car parking spaces. These car parking spaces shall be available for off street parking at all times.

43. Restriction of Number of Consulting Healthcare Professionals and Patients

There shall be no more than one (1) healthcare professional, who must reside at the property, and two (2) patients on the site at any one time.

ATTACHMENTS

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

4. Floor Plan 5. Elevations

6. Demolition and Section Plan

7. Site Coverage and Landscaping Plan

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ATTACHMENT 1 – LOCALITY PLAN

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ATTACHMENT 2 – AERIAL MAP

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ATTACHMENT 3 – SITE PLAN

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ATTACHMENT 4 – FLOOR PLAN

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ATTACHMENT 5 – ELEVATIONS

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ATTACHMENT 6 – DEMOLITION AND SECTIONS

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ATTACHMENT 7 – SITE COVERAGE & LANDSCAPING