Committee of the Whole - ryde.nsw.gov.au · Committee of the Whole Report No. 2/09, dated 13 February 2009, submitted to Council on 17 February 2009. General Manager Mayor 317. Consent

Committee of the Whole

AGENDA NO. 2/09

Meeting Date: Tuesday 17 February 2009 Location: Committee Room 2, Level 5, Civic Centre, 1 Devlin Street, Ryde Time: 7.30pm

NOTICE OF BUSINESS Item Page 1 CONFIRMATION OF MINUTES ...................................................................... 1 2 115-121 BLAXLAND ROAD, RYDE. LOT 1 in DP 618154. LDA

585/2008. Top Ryde City - Stage 2 consisting of residential Buildings 'B' & 'F' INTERVIEW. .................................................................................................... 2

3 CRIME PREVENTION ADVISORY COMMITTEE MEMBERSHIP .............. 119 4 ANNUAL LOCAL GOVERNMENT WOMEN'S ASSOCIATION

CONFERENCE - Queanbeyan 19 - 22 March 2009 ................................... 121

CONFIDENTIAL ITEMS 5 PROPERTY MATTER.................................................................................. 133

Committee of the Whole Page 1

Committee of the Whole Report No. 2/09, dated 13 February 2009, submitted to Council on 17 February 2009. General Manager Mayor

1 CONFIRMATION OF MINUTES

File Number: CLM/09/2/2/1 - D09/7553

RECOMMENDATION: That the Minutes of the Committee of the Whole No. 01/09 held on 3 February 2009, be confirmed.



2 115-121 BLAXLAND ROAD, RYDE. LOT 1 in DP 618154. LDA 585/2008. Top Ryde City - Stage 2 consisting of residential Buildings 'B' & 'F'.

INTERVIEW Report prepared by: Consultant Town Planner Report approved by: Manager Assessment; Group Manager Environment &

Planning Report dated: 12/02/2009 File Number: LDA2008/585/003 - D09/8188

The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary

Applicant: Bevillesta Pty Ltd. Owner: Bevillesta Pty Ltd. Date lodged: 13 September 2008.

This report considers a proposal to construct two (2) residential flat buildings above the new Top Ryde Shopping Centre. The development is a continuation of the overall redevelopment of the centre, known as Top Ryde City, which will create a defined town core within the Ryde Town Centre as defined in the Ryde Planning Scheme Ordinance (as amended by LEP No. 143) and DCP 2006. The two buildings achieve a total height of RL 105.00 (equivalent to nine (9) storeys above the approved Podium Level) and contain a total of 185 apartments. The building envelopes within which the two buildings are situated have been pre-approved under LDA 2006/672 which considered the buildings as part of a conceptualised staged development. Inclusive of the development is the establishment of the southern half of the landscaped podium located on the roof of the shopping centre. This area forms a communal landscaped open space for the occupants of the residential buildings. The northern half of the landscaped area will be included in a subsequent development application. The application also seeks the allocation of 233 of the approved 576 car parking spaces on Levels 3 & 4 of the shopping centre for Buildings ‘B’ & ‘F’. The buildings form the first stage in the overall development of a total of five (5) residential flat buildings to be addressed in subsequent development applications.

Committee of the Whole Page 3 ITEM 2 (continued)


Reason for Referral to Development Committee: Nature of development. Public Submissions: 1 submission was received in favour of the development. 9 submissions were received objecting to the development. 2. Site (Refer to attached map.)

Address No. 115-121 Blaxland Road, Ryde - Lot 1 in DP 618154.

Site Area: Approximately 33,555m²

Frontage: Devlin Street – 243m Pope Street – 194m Tucker Street – 213m Blaxland Road – 38m Depth: Pope Street to Blaxland Road - 244m Devlin Street to Tucker Street – 151m (ave)

Topography and Vegetation The site is currently excavated and undergoing

construction of the Top Ryde shopping centre. Existing Buildings The site is currently excavated and undergoing

construction of the Top Ryde shopping centre.

Planning Controls Zoning Business (Town Centre) Other Environmental Planning & Assessment Act, 1979; SEPP (BASIX) 2004 Draft SEPP No. 66 RPSO (LEP No. 143 – Ryde Town Centre) Draft LEP 2008 DCP 2006

3. Councillor Representations: No 4. Political Donations or Gifts: No



5. Proposal The applicant seeks consent to construct two (2) residential towers above the already approved and partially constructed Top Ryde Shopping Centre (now referred to as Top Ryde City). Figure 1 below shows the location of the two residential towers in context to the approved development.

Figure 1 – Location of Buildings ‘B’ and ‘F’ Source: JBA - Statement of Environmental Effects. The two buildings form the first part of a staged development to ultimately construct a total of five (5) residential flat buildings arranged across the eastern half of the shopping centre adjacent to Tucker Street. The application also seeks consent to include landscape works at the Podium level, allocation of 233 car parking spaces and the installation of a 15m lap pool and gymnasium on Level 3. The proposed towers, the subject of this application, are contained within pre-defined building envelopes which were conceptually approved under LDA 2006/672 on 8 May 2007. The buildings achieve an overall height of nine (9) storeys above the Podium Level. Figure 2 below shows the height of the development in relation to surrounding development (including Council’s Civic Centre).



Figure 2 – Visual reference of the development (Civic Centre to the right) Source: JBA Statement of Environmental Effects The buildings, which are located at the southern and central parts of the shopping centre roof area (referred to as the ‘Podium Level’) respectively, are referred to as Buildings ‘B’ and Building ‘F’ and accommodate a total of 185 apartments as detailed below: Building ‘B’ Table 1 – Apartment breakdown for Building ‘B’

Apartment Type Level 1 Bed 1 Bed + S 2 Bed 2 Bed + S 3 Bed

Total NUFA (m²)

4* 0 1 2 2 0 5 401 5 0 2 3 2 2 9 763 6 6 2 4 3 0 15 1,021 7 2 2 4 3 0 11 815 8 6 2 4 3 0 15 1,021 9 2 2 4 3 0 11 815 10 4 2 4 3 0 13 935 11 4 2 4 3 0 13 935 12 0 0 5 0 9 14 1,719 13 Apartment area’s are included in Level 12 - Total 24 15 34 22 11 106 8,425

Note: Level 4 is below the Podium Level.



Building ‘F’ Table 2 – Apartment breakdown for Building ‘F’

Apartment Type Level 1 Bed 1 Bed + S 2 Bed 2 Bed + S 3 Bed

Total NUFA (m²)

4* 0 0 0 0 0 0 314 5 0 2 0 7 0 9 1,051 6 4 4 0 9 0 17 1,318 7 2 0 0 9 0 11 948 8 4 4 1 5 0 14 1,031 9 2 0 1 5 0 8 661 10 0 0 6 0 0 6 545 11 0 0 4 2 0 6 528 12 0 0 4 0 4 8 921 13 Apartment areas are included in Level 12 - Total 12 10 16 37 4 79 7,317

Note: Level 4 is below the Podium Level. Car Parking The development includes the allocation of 233 of the approved 576 car parking spaces throughout Levels 3 & 4 for the two residential buildings. The residential car parking area is separated from the remaining retail car parking located within the lower levels of the centre. As can be seen in Table 3 on page 8 in this report, the staging of the car parking is consistent with the overall sequencing of the ultimate development of the five (5) residential buildings which will result in an average of 1.3 spaces per apartment. Landscape Works (Podium) The development includes the landscaping of the southern half of the Podium level which forms the communal area to the residential buildings. The Podium Level has an area of 4,250m² which equates to 25% of the site area accommodating the total residential component (17,100m²). This landscaped area serves to enhance the amenity of the occupants of the residential buildings as it forms a centrally located, and therefore readily accessible, retreat and entertainment area. The Podium Level apartments each include landscaped courtyards which provide a soft edge around the communal landscaped area. These courtyards also enhance visual and acoustic privacy to those apartments.



6. Background Consent was granted on 8 May 2007 for: Mixed use development to be carried out in stages. The amalgamation of lots within Precinct 2 and Precinct 3 and the detailed design and construction over the whole of Precinct 2 and parts of Precincts 1 & 3 of a mixed use development including shops, refreshment rooms, commercial premises, recreation areas, community facilities, cinemas (place of assembly), child care centre and church (place of public worship), with associated car parking, pedestrian and vehicular access arrangements and public domain improvement works, including road works referred as the “Stage 1 Development”. Additionally, consent was also granted for: Concept proposals for commercial and residential land uses, net useable floor area, building envelopes and car parking provision for development above the Stage 1 development (the concept proposals will be the subject of further development applications). The approval of the concept is subject to the following eight (8) conditions. Comments relating to the status of the current development application in relation to each condition is provided.



317. Consent is granted to the concept proposal for subsequent stages of the

proposed development comprising:

a) Commercial and residential land uses; The application is for a residential land use.

b) A maximum of 10,000m² net useable floor area (NUFA) for the purposes of

commercial premises accommodated within two towers on the south-west portion of the site fronting Devlin Street;

This application does not propose the construction of the commercial towers.

c) A maximum of 45,000m² NUFA for the purposes of residential flat buildings

(a total of approximately 450 apartments) on the eastern portion of the site; Buildings ‘B’ & ‘F’, the subject of this application, represent a total NUFA of 15,742m² allowing for a remaining 24,758m² to be allocated to the three residential buildings to follow in subsequent stages. Table 3 below provides an indication of the numerical progress of the residential component against the concept approval. As can be seen, the sequenced development of the residential component remains consistent with the gradual staging of the concept approval in terms of the provision of total NUFA and maximum number of apartments. The car parking provision is derived from a comparison of the approved plans and comments made within the Statement of Environmental Effects. Table 3 – Staging sequence Staging NUFA No. Apartments Car Parking (bays) Concept Approval 40,500m² 450 (ave 90m²/apartment) 576 (1.3/apartment) Stage 1 (current) 15,742m² 185 (ave 85m²/apartment) 233 (1.2/apartment) Remaining (future) 24,758m² 265 (ave 93m²/apartment) 343 (1.3/apartment)

d) Building envelopes for the commercial and residential towers as depicted on

the plans accompanying the development application and as described in Section 6.0 of the ‘Staged Mixed Use Development Statement of Environmental Effects’ dated November 2006 prepared by JBA Urban Planning Pty Ltd, within which the detailed building design will later be developed and will be the subject of separate future development applications;



The proposed building heights (RL 91.00 & RL 105.00), footprints and locations of Buildings ‘B’ and ‘F’ are consistent and, therefore, compliant with the approved building envelopes for the residential towers as depicted on the plans accompanying the development application and as described in Section 6.0 of the Staged Mixed Use Development - Statement of Environmental Effects dated November 2006 prepared by JBA Urban Planning Pty Ltd.

e) Car parking allocation comprising two commercial/residential car parking levels (at Levels 3 and 4 of the development) to service the commercial and residential towers.

All car parking for the residential and commercial components of the development are located on levels 3 and 4 of the development. As noted in the table above, the current application proposes the allocation of 233 of the approved 576 residential car spaces to the two residential buildings ‘B’ & ‘F’ leaving a remaining 343 car spaces to be allocated to residential buildings ‘C’, ‘D’ & ‘E’. 1. This consent does not authorise the carrying out of the subsequent stages of

the development described in Condition 317 [see above]. Detailed proposals for those subsequent stages are to be the subject of subsequent development applications.

This development application fulfils the objective of this condition. 2. Future development applications for the residential component of the

development shall consider solar access to residential apartments, solar access to the podium landscaped area between the residential buildings and the southward view corridor from Smith Street between the northern residential buildings. The applicant is to submit full details as part of the future development applications demonstrating that the above issues have been considered in the design and are reflected in the documentation accompanying the relevant development applications.

The application is accompanied by a detailed solar access analysis (see Plan No. DA2 P8) which indicates that the development will achieve the following levels of solar access for 21 June: • Residential apartments:

o Building ‘B’ – 64% o Building ‘F’ – 72%



• Podium landscaped area - Minimum 2 hours between 11.00am –1.00pm.

• Southward view corridor – Not relevant to this application and to be addressed in

a subsequent stage which proposes the construction of Buildings ‘C’ and ‘D’. The neighbouring playing fields associated with the Ryde Public School will remain unaffected by this stage of the residential development. In subsequent stages, it is anticipated that overshadowing of the playing fields will occur from 3.00pm onwards which is after normal school hours. 3. Future development applications for the residential component of the

development must demonstrate that the residential apartments are capable of accommodating 50% of residential storage in accordance with the Residential Flat Design Code 2002, outside the apartments.

The development includes a total of 152 separate residential storage areas within the Level 4 car parking area. This equates to 82% of the currently proposed number of apartments. The plans (see Plan Nos. DA2 2.00, DA2, 2.01, DA2 2.02 & DA2 2.03) indicate reserved space allocated for additional storage for the future residential stages. 4. Future development applications for the commercial office towers shall include

a street front entry lobby for better legibility and address. This application does not propose the construction of the commercial towers. 5. The applicant shall provide, where practical, part natural ventilation of the

commercial office components of the development to ensure a satisfactory amenity is enjoyed by prospective occupiers of the buildings and reduce energy used in mechanical ventilation.

This application does not propose the construction of the commercial towers. 6. Future development applications for the residential and commercial

components of the development shall demonstrate to Council’s satisfaction that adequate areas are provided for the storage of waste and recyclables in areas of the development which are easily accessible for collection by waste contractors from the loading and garbage collection dock areas. The provision of waste collection shall be consistent with Council’s Waste Management Policy for the residential and commercial uses.

The plan (see Plan No. DA2 2.02) indicates a suitably allocated waste disposal and recycling area adjacent to the loading dock on level 3.



The loading dock and access ramp on Level 3A have been designed to accommodate a 12.5m ridged vehicle, which is in excess of the Council’s largest garbage removal vehicle. The headroom to this area is 4.5m which is the maximum permissible height for vehicles allowed on Sydney roads. It is also noted that the loading dock has been designed to accommodate removal vehicles, which are considered to be larger than Council’s waste removal vehicles. Council’s Waste Management Coordinator has not raised any objection to the proposal and notes that the internal waste loading dock associated with the residential use will require to be serviced by a rear loading waste disposal vehicle (as opposed to a side-arm loading vehicle). This matter does not require to be addressed as a condition as it is overcome by an available operational solution. 7. Applications for future stages of the development must be accompanied by

reports from suitably qualified persons that demonstrate to the satisfaction of the Council, that the wind impacts of these future stages will be adequately mitigated through appropriate design solutions.

The application includes a ‘Wind Effects Statement’ prepared by VIPAC Engineers & Scientists Ltd. The report, dated 16 April 2007, was generally supportive of the development and recommends that screening should be incorporated on the sides of balconies located within 5.0m of the corner of a building to mitigate high wind conditions. An appropriate condition has been imposed to address this concern (See Condition No. 120). In summary, the development satisfies the conditions imposed under LDA 2006/672. Voluntary Planning Agreement A Voluntary Planning Agreement (VPA) between Ryde City Council and Bevillesta Pty Ltd (the developer) was signed 0n 14 May 2007. The VPA commits the developer to contributions which include the design, construction and commissioning of the City of Ryde Centre, the public domain works and Plaza works at the cost of the developer. Schedule 2 - Public Benefits Offer verses Section 94 Contributions, in the VPA identified the residential component of the Top Ryde City development as including a total yield of 450 apartments at a project value of $3,862.350.00. This application does not exceed this total yield and, in this regard, no further contributions through Council’s Section 94 Contributions Plan are required. The contributions are exclusive of monetary Contributions made under s94(6) of the Environmental Planning and Assessment Act, 1979. In Schedule 2 of the VPA it is noted that the total VPA offer is in excess of Section 94 contributions (which includes the above residential total project value) by $637,964.00.



It is noted that the VPA includes reference (see Clause 1.7 under Scope of Work in the VPA) to the commercial/residential waste disposal area on RL 69.50 (now RL 69.70) at the southern corner of the site. The development is consistent with this requirement. This is the only reference made in the VPA to the residential component. 7. Submissions The proposal was advertised and notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. The application was advertised in the Ryde City View and the Northern District Times on 1 October 2008. Notification of the proposal was from 1 October 2008 until 16 October 2008. A total of 10 submissions were received. Of those submissions, nine (9) objected to the proposal while one (1) supported the proposal. These submissions were from the following: Table 4 – Submissions Name Address/Location Issues R & B Smith 3/777 Victoria Rd, Ryde In support. N Murray 12/10-12 Belmore St, Ryde • Building height

• Car parking • Overshadowing

B Curtis 236 Buffalo Rd, Ryde • Car parking • Clothes drying facilities

A Smith 38 Bruce St, Ryde • Building height • Overshadowing • Transport infrastructure • Precedent

G Pollock 38 Bruce St, Ryde • Building height • Transport infrastructure • Increased crime • Fait accompli

M Grunsberg 8 Levey St, Putney • Building height D Lau 18 Jocarm Ave, Condell Park • Density

• Airflow circulation B Dall’Amico 84 Epping Dve, Frenchs Forest • Building height

• Density • Infrastructure • Property values

I Kirk No address provided • Disabled access • Increased crime

D Zarro No address provided. • Building height



Building height A majority of submissions raised objection to the proposed building height. In those submissions it was claimed that the development would adversely impact upon the visual appearance of Ryde in general, and upon Top Ryde specifically. The building heights have been established under the Ryde Planning Scheme Ordinance (as amended by LEP No. 143) which permits a gradual height increase from RL 91.00 around the edge of the shopping centre to RL 105.00 through a central north-south spine. These permitted building heights were reinforced in the approval of the residential concept under LDA 2006/672 which imposed restrictive building envelopes which defined the building height and building footprint of each commercial and residential building above the Top Ryde Shopping Centre. The development has been designed to comply with the permitted building heights and building footprints imposed under LDA 2006/672 (see Figure 3 on page21 in this report). No variation is sought by the applicant. Car parking The submissions claim that the development does not provide enough on-site car parking for the proposal. The development includes provision for 233 designated car parking spaces throughout the already approved Levels 3 & 4 for Buildings ‘B’ & ‘F’. The residential car parking area is separated from the remaining retail car parking located within the lower levels of the centre. As can be seen in Table 3 on page 8 in this report, the staging of the car parking is consistent with the overall sequencing of the ultimate development of the five (5) residential buildings which will result in an average of 1.3 spaces per apartment. Overshadowing The submissions claim that the development will cause unreasonable overshadowing to nearby residential properties. The combined northeast-southwest orientation of the site and the location of the two residential buildings within the south-eastern corner of the shopping centre perimeter, results in the gradual overshadowing of the neighbouring south-eastern, southern and south-western roadways and allotments immediately adjacent to the site. Because of the east-to-west track of the sun, no part of a neighbouring allotment will be affected for more than two hours on 21 June, with exception to Blaxland Road and the small row of shops abutting the site on the corner of Tucker Street.



It should be noted that the facades of these shops, due to their south-facing orientation, are self-overshadowing and will not experience any additional loss of daylight access. Additionally, due to its relative distance from established residential areas (the nearest being a residential flat building on Church Street, approximately 135m to the south) the development will not create any overshadowing which would result in a degradation of residential amenity. The neighbouring playing fields associated with the Ryde Public School will remain unaffected by this stage of the residential development. In subsequent stages, it is anticipated that overshadowing of the playing fields will occur from 3.00pm onwards which is after normal school hours. Density The submissions claim that the density of the development is not representative of surrounding areas. This application is part of a staged development of the approved concept for a total of five (5) residential buildings. The total permitted residential area of 40,500m², granted under LDA 2006/672, will equate to 27% land use mix. The current application equates to 10.4% of that land use mix and is sequenced with the gradual staging of the concept approval in terms of the provision of total NUFA. As noted in Condition No. 317(C) of LDA 2006/672 (see Table 3 on page 8 in this report), the development has a permitted residential yield of 450 apartments. This stage proposes the construction of 185 apartments leaving 265 apartments to be constructed in subsequent stages. This generally relates to an average apartment size of 90m². Transport infrastructure The submissions raise concerns regarding the current adequacy of public transport infrastructure to support the development. The development is part of an approved comprehensive redevelopment of Precinct 2 which will include a mix of residential, recreation, civic and commercial uses. The town centre is an established major transport node which services routes to Central Sydney, Chatswood, Macquarie Park Shopping centre and surrounding suburbs which include hospital services.



In this regard, it is anticipated that the incorporation of high yield residential uses into Precinct 2 (Town Core) will emphasise the regional importance this node. Airflow circulation The submission raises concern that the development will create a wind tunnel effect. The application includes a ‘Wind Effects Statement’ prepared by VIPAC Engineers & Scientists Ltd. The report, dated 16 April 2007, was generally supportive of the development. The areas predicted to be most exposed to adverse wind conditions are at the north-west and south-west corner of the residential buildings; the Strada retail area; and the Podium Level (this has been addressed in Table 10, Section 6 – ‘Landscaping’, on page 39 in this report). However, adjacent sites (beyond the boundary of Top Ryde City) are not expected to be adversely affected by the development. Clothes drying facilities The submission expresses concern that the occupants of the development will hang washing on balconies to dry, subsequently degrading the visual appearance of the Ryde Town Centre. This matter is to be addressed within the Strata Management Statement which will enable the property owner to police any such occurrences. A suitable condition has been imposed to address this concern (See Condition No. 169). Precedent The submission claims that development will create an undesirable precedent for similar development to occur on nearby allotments. The development, as proposed, is subject to special standards which determine the scale of development within Precinct 2 (Town Centre) only. The development of the Precinct should not be compared to ‘like’ development in neighbouring precincts as this would defeat the desired future character of establishing a defined, and unique, Town Core. In this regard, the development is part of the revitalisation of the Ryde Town Centre which incorporates the provision of new and improved uses including retail, recreational facilities, child care & library services, and new commercial and residential opportunities which will enhance the role of the Ryde Town Centre, through the concentrated redevelopment of the Town Core, within the hierarchy of the local government area and establish a unique identity for Precinct 2.



Increased crime The submissions claim that the development will introduce a potential for increased crime into the area. While there is no evidence that the development will introduce such a potential, the application was referred to NSW Police for a formal crime risk assessment under the provisions of CPTED. No objection was raised to the development. Fait accompli The submission claims that the favourable determination of the proposal is already established. The application is subject to the same assessment criteria and processes as any other development application lodged with the City. The development has been found to comply with all the relevant development standards and controls stipulated by the Environmental Planning & Assessment Act, 1979, SEPP (BASIX) 2004, Draft SEPP No. 66, RPSO (as amended by LEP No. 143 – Ryde Town Centre), Draft LEP 2008 and the relevant parts of DCP 2006. Disabled access The submission claims that development does not accommodate access for persons with a disability. The application was referred to an external Access Consultant to provide an assessment of the development against the relevant Australian Standards and Part 9.2 of Council’s DCP 2006. The consultant states that the design meets all disability access requirements. Notwithstanding, standard conditions have been imposed which require compliance with the Building Code of Australia and the standards set out in AS 1428.1. Property values The submission claims that the development will degrade property values in the area. This matter is not considered to be a planning matter under the provisions of Section 79C of the Environmental Planning & Assessment Act, 1979. As such, the issue of property value is not addressed in this assessment.



8. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning

The site is zoned as ‘3(tc) Business (Town Centre)’ under the Ryde Planning Scheme Ordinance as amended by Ryde Local Environmental Plan No.143. This development occurs entirely within Precinct 2 (Town Core) of the Town Centre.

Mandatory Requirements

Clause 22 - Permissibility The development is permissible with the consent of Council. Clause 34(1), (2), (4) – Consideration of Certain Applications The following provides an assessment of the development against the relevant parts of Clause 34. (1) The responsible authority shall, in respect of an application under this Ordinance

for its consent or approval to the erection of a building, the carrying out of work or the use of land within view of any waterway or adjacent to any county or main road, railway, public reserve or land reserved for open space or land with Zone No. 6 (a), 6 (b) or 6 (c), take into consideration the probable aesthetic appearance of the proposed building or work or that land when used for the proposed purpose and viewed from that waterway, county or main road, railway, public reserve or land so reserved or zoned.

The development is visible from both main and county roads and is therefore subject to consideration. The probable aesthetic appearance of the development is identical to that proposed, and approved as a concept, under LDA 2006/672 in that the two residential flat buildings (in conjunction with the remaining three residential buildings yet to be considered in subsequent development applications) each provide a distinctive and defining contemporary landmark to the Top Ryde Town Centre.



Not only will the new buildings be visible from the surrounding county and main roads but, because of their elevated position, they will also be visible from more distant locations such as Chatswood, Olympic Park, Parramatta and from the northern ridgelines surrounding Ryde. The design of both buildings is consistent with the Coastal Apartment Building type as defined under Part 2 of the Residential Flat Design Pattern Book published by the NSW Government (2001) and identified as a preferable built form under Clause 9, Section 8.2 – ‘Precinct 2 Town Core’ in Part 4.4 – ‘Ryde Town Centre’ of DCP 2006. (2) The responsible authority shall, in respect of an application under this Ordinance

for its consent or approval to the erection or use of a hotel, motel, service station, car repair station, place of assembly or industrial premises or to the carrying out of any other development likely to cause increased vehicular traffic on any road in the vicinity of that development, take into consideration –

(a) whether adequate vehicular entrances to and exits from the site have been

provided so that vehicles using those entrances and exits will not endanger persons and vehicles using those roads;

(b) the provision of space on the site of the building or development or on land

adjoining the site, other than a public road, for the parking and standing of such number of vehicles as the responsible authority may determine; and

(c) whether adequate space has been provided within the site of the building or

development for the loading, unloading and fuelling of vehicles and for the picking up and setting down of passengers.

The location and traffic flow of all street level vehicle access and egress points were considered and approved under LDA 2006/672. This application does not propose to alter the approved arrangements. Notwithstanding, because the proposal is lodged as a new development application, and due to the site being located adjacent to a main road, the RTA were consulted through the provisions of State Environmental Planning Policy (Infrastructure) 2007. The RTA have raised no objection to the proposal subject to conditions which seek to enhance internal amenity by mitigating external noise from the main road (see Condition No. 171).

(3) The responsible authority shall, in respect of an application under this Ordinance

for its consent or approval to the erection or use of a residential flat building, take into consideration any code for the erection of residential flat buildings adopted by resolution of the Council.



The development has been assessed against the principles of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development and the controls of the associated Residential Flat Design Code. In both instances, the development was found to comply. Additionally, the two buildings have been designed to be consistent with the Coastal Apartment Building type as defined under Part 2 of the Residential Flat Design Pattern Book published by the NSW Government (2001) and identified as a preferable built form under Clause 9, Section 8.2 – ‘Precinct 2 Town Core’ in Part 4.4 – ‘Ryde Town Centre’ of DCP 2006. The development is not required to be assessed against Part 3.4 – Residential Flat Buildings under DCP 2006 as that part only relates to zones 2(a1), 2(b1) & 2(b2). Clause 51F – Development in Ryde Town Centre The following provides an assessment of the development against Clause 51F. Consent must not be granted to development on land shown coloured light yellow and edged with a broken black line on the map marked “Ryde Local Environmental Plan No 143 Ryde Town Centre” deposited in the office of Council of the City of Ryde, unless, in the opinion of the consent authority, the development is consistent with the planning principles set out in Schedule 19. The development has been found to comply with the relevant planning principles set out under Schedule 19. See Table 8 included under ‘Schedule 19 - Planning Principles for Ryde Town Centre’ on page 25 in this report. Clause 51G - Development Precincts in Ryde Town Centre The following provides an assessment of the development against Clause 51G. Consent must not be granted to development in a precinct identified on the map marked “Ryde Local Environment Plan No 143 Ryde Town Centre Precincts” deposited in the office of the Council of the City of Ryde, unless, in the opinion of the consent authority, the development complies with the planning controls set out in Schedule 20. The development has been found to comply with the relevant planning principles set out under Schedule 20. See Table 9 included under ‘Schedule 20(2) – Planning Controls for Ryde Town Centre Precincts’ on page 34 in this report. Clause 51H – Maximum RL or maximum number of storeys for buildings in Ryde Town Centre The following provides an assessment of the development against the relevant parts of Clause 51H.



(1) Consent must not be granted to the erection of a building on land shown on the

map marked “Ryde Local Environment Plan No 143 Ryde Town Centre Height” deposited in the office of the Council of the City of Ryde if either both of the following applies:

(a) the highest part of the proposed building (including antennae, roof features,

lift overruns and plant) exceeds the maximum RL shown for the land on that map.

(b) the number of storeys of the proposed building exceeds the maximum

number of storeys shown for the land on that map. The map marked Ryde Local Environment Plan No. 143 Ryde Town Centre Height , when considered against the map marked Ryde Local Environment Plan No. 143 Ryde Town Centre Maximum RL Variation Precinct 2 defines a perimeter zone around the edge of the shopping centre which permits a maximum building height of up to RL 91.00 (see Figure 2 on page 21 in this report). Building ‘F’ is the only building included in this application which is influenced by this perimeter building height zone and has subsequently been designed in a stepped manner to comply with the maximum permitted RL. Table 5 below illustrates the compliance of Building ‘F’ within the RL 91.00 zone. Table 5 – Building height compliance (RL 91.00) Building Permitted RL Proposed RL Compliant Building ‘F’ 91.00 (max) 84.70 – 91.00 Yes

(2) Despite subclause (1), in relation to that part of Precinct 2 shown hatched on

“Ryde Local Environment Plan No. 143 Ryde Town Centre Maximum RL Variation Precinct 2” deposited in the office of the Council of the City of Ryde, consent may be granted for the construction of a building that exceeds RL 91, but only if no part of the proposed building (including antennae, roof features, lift overruns and plant) exceeds RL 105.

The map marked Ryde Local Environment Plan No. 143 Ryde Town Centre Maximum RL Variation Precinct 2 defines a zone located central to the shopping centre which permits a maximum building height of up to RL 105.00. Figure 3 below shows the area (detailed as a hashed area) which permits a building height variation of up to RL 105.00 and the location of Buildings ‘B’ & ‘F’ within that area. Note, for ease of reference, the solid black/grey area defines RL 91.00 in LEP No. 143. The building footprints for Buildings ‘B’ & ‘F’ are indicated in green.



Figure 3 – Ryde Town Centre (Permissible Building height Variation) Source: LEP No. 143 & JBA ‘Statement of Environmental Effects’ Both Buildings ‘B’ & ‘F’ are influenced by this central building height zone and have subsequently been designed to comply with the maximum permitted RL. Table 6 below illustrates the compliance of Buildings ‘B’ & ‘F’. Table 6 – Building height compliance (RL 105.00) Building Permitted RL Proposed RL Compliant Building ‘B’ 105.00 (max) 105.00 Yes Building ‘F’ 105.00 (max) 105.00 Yes

(3) Despite subclause (1), consent must not be granted to the erection of a building

on land shaded lightest blue on the map referred to in that subclause unless the consent authority has taken into account the impact the proposed building may have on adjoining properties.

The development does not occur within the land shaded light blue. (4) Without limiting subclause (3), when taking into account the impact a proposed

building may have on adjoining properties, the consent authority is to consider the following:

(a) overshadowing, (b) overlooking, (c) loss of privacy.



The site is located within a defined mixed-use area which is isolated from established surrounding residential development. Figure 4 below illustrates the site in context to surrounding development (note: the image shows the original shopping centre prior to demolition).

Figure 4 – Local Context of the Development Source: Architectus ‘Independent Assessment’ for LDA2006/672 (as originally prepared by the author) Overshadowing The general north-south orientation of the site, and the location of the two residential buildings within the south-eastern corner of the shopping centre perimeter, results in the gradual overshadowing of the neighbouring south-eastern, southern and south-western roadways and allotments immediately adjacent to the site. However, no part of a neighbouring allotment will be affected for more than two hours on 21 June, with exception to Blaxland Road and the small row of shops abutting the site on the corner of Tucker Street. It should be noted that the facades of these shops, due to their southern orientation, are self-overshadowing and will not experience any additional loss of daylight access.



Similarly, the development will overshadow the proposed landscaped Podium Level but, due to the graduated building heights (RL 91.00 around the eastern and northern perimeter of the podium rising to RL 105.00 within the centre of the site) and the physical separations between residential buildings, sufficient daylight access will be afforded to this area throughout the day. Overlooking & Loss of Privacy Because of its relative distance from established residential areas (the nearest being a residential flat building on Church Street, approximately 135m to the south) the development will not create any additional overlooking which would result in a degradation of existing residential amenity. As such, the development will not have any adverse impact upon the amenity of adjoining properties in terms of overshadowing or loss of privacy.

(5) The provisions of State Environmental Planning Policy No. 1 – Development

Standards do not apply to any development standard imposed by this clause. The proposal complies with the permitted maximum building height standards as stipulated in LEP No. 143 and does not require a variation to be considered under State Environmental Planning Policy No. 1 – Development Standards. Clause 51J – Development of Land Adjoining Precincts and Height Boundaries The following provides an assessment of the development against the relevant parts of Clause 51J. (1) This clause applies to land that:

(a) is shown coloured light yellow and edged with a broken black line on Sheet 1 of the map marked “Ryde Local Environmental Plan No. 143 Ryde Town Centre” deposited in the office of the Council of the City of Ryde.

The site is located within the area shown coloured light yellow and edged with a broken black line on Sheet 1 of the map marked Ryde Local Environmental Plan No. 143 Ryde Town Centre.

(b) Is not within any precinct identified on the map marked “Ryde Local Environmental Plan No. 143 Ryde Town Centre” deposited in the office of the Council of the City of Ryde or within any height zone on the map marked “Ryde Local Environmental Plan No. 143 Ryde Town Centre Height” deposited in the office of the Council of the City of Ryde.



The site is located with Precinct 2 (Town Centre) (2) Nothing in this Ordinance prevents consent being granted to the carrying out of

development on land to which this clause applies for any purpose which is permissible in an adjoining precinct.

The part of Precinct 2 (Town Centre) affected by this development, abuts Precinct 3 (Main Street) to the south and Precinct 11 (Ryde Public School) to the east. Precinct 3 (Main Street) maintains the ‘Business (Town Centre)’ zone as defined under the Ryde Planning Scheme Ordinance and permits the same range of uses as those approved on the subject site (including the proposed residential flat buildings). Precinct 11 (Ryde Public School) is zoned ‘Special Uses ‘A’ (School)’ and does not permit any use which is not the indicated use or incidental to that indicated use. (3) Development permitted under this clause must comply with development

standards applying to development of the same kind in the adjoining precinct. The development, as proposed, is subject to special standards which determine the scale of development within Precinct 2 (Town Centre). In this regard, the development of the Precinct should not be compared to ‘like’ development in neighbouring precincts as this would defeat the desired future character of establishing a defined, and unique, Town Core. Clause 56 – Car Parking Table 7 below provides an assessment of the proposal against the car parking requirements contained under Clause 56 for residential flat buildings located within 400m from Victoria Road: Table 7 – Car Parking Standard Required Provided Compliant Residential Flats

1 bed = 1 space (61) 2 bed = 1.2 spaces () 3 bed = 1.6 spaces (24) Visitors = 1 space per apt

233 spaces/185 apts. All visitor parking contained within retail car parks.

Yes

Total 216 233 +17 spaces Schedule 19 - Planning Principles for Ryde Town Centre Table 8 below provides an assessment of the proposal against the planning principles contained under Schedule 19:



Table 8 – Schedule 19 compliance assessment Principle Requirement Comment Compliant 1. Regional Role Development within the

Ryde Town Centre is to contribute to the status of the land as an important retail, business, employment, recreational, entertainment, civic and residential centre.

The development will contribute towards enhancing the status of the Town Centre as a defined and important area which incorporates a mix of retail, business, employment, recreational, entertainment, civic and residential uses. This development contributes towards achieving the strategies detailed under Part 4.4 of DCP 2006.

Yes

2. Sustainable Planning & Development

(1) Development is to minimise energy, water and materials use and resultant pollutants (such as greenhouse gases, stormwater liquid and solid waste) during the construction and life cycle of the development.

The development includes construction specific and life-cycle measures to address stormwater detention and the retention and re-use of water for irrigation of the landscaped areas at the Podium Level, Plaza Level and the perimeter of the site at street level. Rainwater re-use is also being utilised for Buildings ‘B’ & ‘F’ to service on-site irrigation, the wash-down facilities for the loading dock and Level 3 car park wash-down bay, and the cistern flush for communal

Yes



Principle Requirement Comment Compliant toilets. Additionally, the applicant has provided a BASIX Certificate (No. 212620M dated 27 August 2008) which indicates that the development will achieve the required target scores for water efficiency, thermal comfort and energy efficiency. A condition has been imposed requiring compliance with the Schedule of BASIX Commitments made in the Certificate (See Condition No. 12). Additionally, conditions requiring the installation of energy & water efficient fittings/fixtures and appliances throughout the two buildings have been imposed (See Condition Nos. 51, 52 & 53).

(2) Planning and development is to ensure that social, economic and environmental issues are considered together and with proper regard for their mutual and cumulative impacts.

The development has been designed to address an integrated solution to the social, economic and environmental issues. Together with the environmental solutions described under Clause 1 above,

Yes



Principle Requirement Comment Compliant the development includes a centrally located landscaped podium which serves as a communal open space and, thus, facilitates social interaction for the occupants. Additionally, the development will also include a wide range of employment opportunities within the retail and commercial components of the centre. The development also includes a reasonable mix of apartment types which cater for a broad range of income groups (see Clause 5 below).

(3) Development is to enhance employment, recreation and residential opportunities, and encourage adaptive living environments in the Ryde Town Centre.

The development will increase housing options within the Ryde local government area and, more specifically, within the Town Centre.

Yes

(4) The comprehensive redevelopment of Precinct 2 is to include a mix of residential, recreation, civic and commercial development and

The development is part of an approved comprehensive redevelopment of Precinct 2 which will include a mix of residential, recreation, civic and commercial

Yes



Principle Requirement Comment Compliant contribute to the revitalisation of the Ryde Town Centre.

uses. This mix will facilitate a concentrated working and living environment within close proximity to existing transport routes and well established utilities. This will serve to maximise the efficient use of available resources and infrastructure as well as facilitating the revitalisation of the Ryde Town Centre.

(5) Residential development is to provide a variety of housing (including affordable housing) to accommodate a range of income groups and increase housing choice.

The development includes a mix of apartments to cater for a variety of income groups. The proposed apartment mix is: 1 bed - 61 (33%) 2 bed - 109 (59%) 3 bed – 15 (8%) As can be seen, the predominant mix consists of two bedroom apartments followed by more affordable one bedroom apartments.

Yes

3. Public Domain (1) All planning, design and development activities must take account of and effectively respond to the linkages and interfaces between

These matters were satisfactorily addressed in the redevelopment of the Top Ryde shopping centre under LDA 2006/672, which

Yes



Principle Requirement Comment Compliant public space and private land and create a high quality physical setting for buildings.

(2) Development is to create a safe and accessible public domain that will be enjoyed by shoppers, residents, workers and visitors. Active uses are to be located along pedestrian thoroughfares and streets.

(3) Development of the public domain is to facilitate pedestrian movement and cycling between precincts within the Ryde Town Centre and surrounding areas.

(4) Public streets and public domain spaces are to be created in accordance with relevant Council policies, and to have regard to the Ryde Park Master Plan and the Ryde Town Centre Public Domain Plan.

occurs at ground level and includes substantial public domain works. The proposed residential component uses the already approved linkages and interfaces of the shopping centre below. The development includes 1,816m² communal landscaped area at the Podium Level. This area includes through-site pathways to each apartment block as well as soft-landscaped grove areas (see Landscape Concept Plan). The landscaped podium is considered to be private open space (and not public domain) as it can only be accessed via the residential lift cores which will be security coded. Notwithstanding, NSW Police have provided conditions which address security and safety throughout the development, including the landscaped area.

4. Urban Form (1) Development is to demonstrate design

The development incorporates design

Yes



Principle Requirement Comment Compliant quality and respond appropriately to the landmark qualities of the ridgeline, gateway locations and to places of heritage significance within Ryde Town Centre.

features and an architectural quality consistent with the Residential Flat Design Pattern Book published by the NSW Government (2001). This design is also identified as a preferable built form for the Ryde Town Centre under Clause 9, Section 8.2 – ‘Precinct 2 Town Core’ in Part 4.4 – ‘Ryde Town Centre’ of DCP 2006. Additionally, the design and appearance of the development is identical to that proposed, and approved as a concept, under LDA 2006/672 in that the residential flat buildings will collectively provide a distinctive and defining contemporary landmark to the Top Ryde Town Centre. Not only will the new buildings be visible from the surrounding neighbourhood but, because of their naturally elevated position and proposed building height, they will also be highly visible from more distant locations such



Principle Requirement Comment Compliant as Chatswood, Olympic Park, Parramatta and the surrounding northern ridgelines of Lane Cove National Park. The development is sufficiently separated from the existing heritage items of the Ryde Public School and the St. Anne’s Church to avoid impact. In the report prepared for LDA 2006/672, Graham Brooks & Associates noted that ‘two of the items, namely St. Anne’s Church and Willandra are considered to be too great a distance to be affected by the proposed development’. The development will form a contemporary visual contrast to the nearby listed heritage items. Such a contrast will serve to emphasise the historical fabric of the heritage items and place the history of Ryde in context to future directions and aspirations.

(2) Urban form, including public domain enhancements, land

The development is part of the revitalisation of the Ryde Town Centre which

Yes



Principle Requirement Comment Compliant use, height and appropriate built form are to contribute to an individual identity for each precinct.

incorporates the provision of new and improved uses including retail, recreational facilities, child care & library services, and new commercial and residential opportunities. The mix of uses will enhance the role of the Ryde Town Centre within the hierarchy of the local government area and establish a unique identity for Precinct 2.

(3) Development is to provide a transition between the Town Centre and adjoining residential areas with complimentary land-uses and the scale and massing of built form.

The development, as proposed, is subject to special standards which define Precinct 2 as a unique, Town Core. In this regard, the development of the Precinct should not be compared to development in neighbouring precincts as this would defeat the desired future character of the precinct and prime role of the Town Core in the hierarchy of the Town Centre.

Yes

5. Transport & Access

(1) Development is to promote a compact working and living environment to maximise the efficient use of resources and infrastructure

The development involves the erecting of a residential component within the mixed use town centre. This will promote a compact working, shopping,

Yes



Principle Requirement Comment Compliant provisions. entertainment and

living environment which will encourage the maximisation of the provision of resources and infrastructure.

(2) The safety, amenity and convenience of pedestrians and cyclists is to be considered in all development.

This matter was satisfactorily addressed in the redevelopment of the Top Ryde shopping centre under LDA 2006/672, which considers pedestrian & cyclist movement and safety at ground level and throughout the car parking areas. Notwithstanding the above consideration, the development includes a podium level landscaped area for use by all residents of the development. The landscaped area is highly visible at all hours due to the close proximity of surrounding residential uses and has been designed to encourage safe pedestrian movement through the incorporation of wide pathways, low height shrubbery and feature lighting.

Yes

(3) Public transport use will be promoted by the provision of facilities for users.

The town centre is an established major transport node which services routes to Central Sydney,

Yes



Principle Requirement Comment Compliant Chatswood, Macquarie Park Shopping centre and surrounding suburbs which include hospital services. The development will enhance the importance of this node through the concentration of residential uses.

Schedule 20(2) – Planning Controls for Ryde Town Centre Precincts Table 9 below provides an assessment of the proposal against the planning controls contained under Schedule 20 for Precinct 2 (note: a number of controls relate to the already approved ground level and shopping centre component of the development only and were appropriately addressed under LDA 672/2006): Table 9 – Schedule 20(2) compliance assessment Control Comment Compliant (1) The maximum nett useable floor area is

150,000m² with a land use mix that includes: (a) a minimum 15% residential; (b) a maximum 45% shops.

This application is part of a staged development of the approved concept for a total of five residential buildings. The total residential NUFA of 40,500m² will equate to 27% land use mix. The current application equates to 10.4% land use mix which is sequenced with the gradual staging of the concept approval in terms of the provision of total NUFA. The approved development under

Yes



Control Comment Compliant LDA 2006/672, provides for a total of 54,354m² (36.2%) of the total permissible NUFA for the provision of shops.

(2) An adequate mix of land uses in the Precinct will be achieved.

The development is consistent with the approved mix of land uses established under LDA 2006/672 and as required under LEP No. 143 and DCP 2006.

Yes

(3) This sub-clause applies to development that would result in:

(a) the total nett useable floor area in all buildings exceeding 30,000m², or

(b) residential use.

The development, the subject of this application, does not exceed a nett useable floor area of 30,000m² (ie proposed – 15,693m²). The development does involve a residential use. Therefore, Clauses 4, 5 & 6 below are applicable.

Yes

(4) Consent must not be granted for any application to which sub-clause (3) applies unless:

(a) the development application is a development application for the development of the whole Precinct, and

(b) the development application proposes an integrated traffic solution for Precincts 1 & 2 that takes into account the total development potential of both Precincts, and includes the following: (i) primary vehicular access from

Devlin Street utilising grade

The development forms part of an already approved development of the whole precinct, being Precinct 2 (Town Core). The approval of LDA 2006/672 included an integrated traffic solution which incorporated primary vehicular access from

Yes



Control Comment Compliant separation in the form of access ramps and underpasses under Devlin Street and into basement parking, and

(ii) is consistent with the map marked Devlin Street Integrated Traffic Solution.

Devlin Street and, which was consistent with the map marked Devlin Street Integrated Traffic Solution. This application does not alter the integrated traffic solution or the terms of the approval.

(5) Consent must not be granted to an application for development to which sub-clause (3) applies unless the proposed development includes the following:

(a) a north-facing plaza of not less than 2,000m², with a finished floor level of approximately RL 56 AHD and with a minimum dimension of 30m and direct pedestrian access to pope Street. A minimum area of 1,500m² within a total 2,000m² plaza must be publicly accessible at times determined by the consent authority;

(b) a main thoroughfare of not less than 10m wide running approximately north-south and connecting the plaza and Pope Street to Blaxland Road. The main thoroughfare is to be free of vehicular traffic access and is to be open to pedestrians for at least 12 hours each day. Colonnades on either side of the thoroughfare should be provided for pedestrian comfort.

(c) Community related uses, such as a library, located on the corner of Pope Street and Devlin Street, of not less than 2,500m² nett useable floor area at one level in the building, which may include not more than 700m² of nett useable floor area at a mezzanine level. The community related uses must include: (i) direct access from the plaza at

Points (a) to (e) refer to the already approved redevelopment of the Top Ryde Shopping Centre.

Yes



Control Comment Compliant approximately RL 56,

(ii) direct access from Pope Street or Devlin Street,

(iii) at least 100m² nett useable floor area at the same level as the public street,

(iv) at least 100m² nett useable floor area at the same level as the plaza, and

(v) floor to ceiling heights of not less than 6.0m clear and capable of containing mezzanine levels.

(d) a long day childcare centre catering for at least 60 children and the provision of an occasional childcare centre for at least 40 children.

(e) Subject to RTA, all weather protected footbridges with a lift with capacity for not less than 12 persons that demonstrates design excellence.

(6) When granting consent to development which sub-clause (3) applies, the consent authority must be satisfied that the component of the development that comprises the integrated traffic solution is to be completed to the satisfaction of the consent authority before the occupation of any building.

This is subject to a condition of consent which was imposed under LDA 2006/672 and essentially relates to the redevelopment of the shopping centre (currently under construction).

N/A

(7) Car parking provided in excess of the standards set out in Ryde Development Control Plan 29A Parking are not to be included in the calculation of nett useable floor area, if the car parking is designed and located so that it is not visible when viewed from public streets, thoroughfares and plazas.

The development includes the provision of car parking for the staged residential use and part of the commercial use. In assessing the provision of car parking it was found that the average number of spaces per dwelling equated to1.3 bays/apartment. This

Yes



Control Comment Compliant generally equates to, but does not exceed, the average number of car parking spaces required for residential flat building development under DCP 2006. All car parking is accommodated within the upper levels of the centre and is not visible from the street, any thoroughfares or the plaza.

(8) Consent must not be granted unless the consent authority has considered the following:

(a) an Access Management Plan addressing vehicular, bicycle, pedestrian and public modes of transport;

(b) a Design Quality Plan; (c) a Public Domain Enhancement Plan; (d) an Arts and Cultural plan; (e) an Economic Impact Report; (f) a Social Impact Assessment and

Report; (g) a Staging Plan; (h) a Construction Management Plan; (i) a 3D Computer Model of the

development.

All plans and reports (including a 3D computer model) listed from (a) to (i) were adequately addressed under LDA 2006/672 and are not relevant to this application.

N/A



(b) Relevant SEPPs State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development The provisions of SEPP No. 65 apply to the development as the additions result in a building which is more than three (3) storeys in height and within which there are greater than four (4) units proposed. It is acknowledged that a preliminary assessment was conducted under LDA 2006/672 but, given that this application refines the number and form of the apartments a new assessment has been conducted below. Pursuant to Section 79C(a)(i) of the Environmental Planning and Assessment Act 1979, the relevant provisions of the SEPP are considered under Tables10 & 11 as follows: Table 10 – SEPP No. 65 Planning Principles compliance assessment Principal Consideration/Control Compliant/Comment 1. Context Good design responds and

contributes to its context. Context can be defined as the key natural and built features of an area. Responding to context involves identifying the desirable elements of a location’s current character or, in the case of precincts undergoing a transition, the desired future character as stated in planning and design policies. New buildings will thereby contribute to the quality and identity of the area.

Yes Ryde Town Centre, as identified in LEP No. 143, is an area characterised by transition. This transitional character is reinforced by points (a), (d) & (g) of the Strategies contained in DCP 2006 which aim to: a) Redevelop the shopping centre to act as a catalyst for revitalisation of the Town Centre, to attract investment and create new jobs and better utilise public transport and public infrastructure. d) Redevelop the centre as a benchmark for design quality and environmental sustainability. g) Develop a high quality centre that will set the benchmark for Ryde Town Centre. In this regard, the development is



Principal Consideration/Control Compliant/Comment a contributory feature of the redevelopment of the Precinct 2 (Town Core) which fulfils the aims of the strategy which seeks to redefine a new and unique context to the identity of the Ryde Town Centre.

2. Scale Good design provides an appropriate scale in terms of the bulk and height that suits the scale of the street and surrounding buildings. Establishing an appropriate scale requires a considered response to the scale of existing development. In precincts undergoing a transition, proposed bulk and height needs to achieve the scale identified for the desired future character of the area.

Yes The building envelopes are consistent with LEP No. 143, DCP 2006 and the subsequently approved LDA 2006/672 which established the desired character of the area. The development is therefore consistent with the desired scale of development for the Town Centre. The proposal provides an appropriate internal transition from the centre of the site to the edges of the site fronting Devlin Street and Tucker Street in addition to the lower building heights of 10 storeys as identified for Precinct 1 under LEP No.143 and the low density residential areas and open spaces to the West. Appropriate building scale should be determined in a regional sense in terms of where Top Ryde fits within the hierarchy of regional centres. In this regard, Top Ryde is a major centre and therefore the height of residential buildings is considered to be appropriate to the regional context.

3. Built Form Good design achieves an appropriate built form for a site and the building’s purpose, in terms of building alignments,

Yes The development includes the first stage in the ultimate development of five residential



Principal Consideration/Control Compliant/Comment proportions, building type and the manipulation of building elements. Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

buildings built on the podium of the shopping centre. The design of each building is representative of the Coastal Apartment Building defined in the Residential Flat Design Pattern Book and under Clause 8, Part 4.4, Section 8.2 in DCP 2006 which states: Residential development should incorporate the principles the Coastal Apartment Building type outlined in the Residential Flat Design Pattern Book (NSW Government Architect and Urban Design Advisory Service). This building type emphasises outdoor living and an interactive public domain interface. The emphasis on the design is in providing a heavily articulated façade which includes balconies and terraces which enhance internal amenity and outlook. The design is considered to be appropriate built form for its local context as it provides a clearly identifiable residential architectural style.

4. Density Good design has a density appropriate for the site and its context, in terms of floor space yields (or number of units or residents). Appropriate densities are sustainable and consistent with the existing density in an area or, in precincts undergoing a transition are consistent with the stated desired future density. Sustainable densities

Yes The development achieves a density which is appropriate for the site, and for the unique character of the Town Centre generally. The approved concept achieves an average floor space yield of 90m²/apartment (based upon a total apartment yield of 450. Given the proposed apartment



Principal Consideration/Control Compliant/Comment respond to the regional context, availability of infrastructure, public transport, community facilities and environmental quality.

mix (ie 1 bed - 61 (33%), 2 bed - 109 (59%), 3 bed – 15 (8%)) it is considered that this average floor apace yield is both appropriate for internal amenity and environmental sustainability due to its ability to facilitate efficient cross-flow ventilation and sunlight access. Top Ryde is an established key transport node and it is anticipated that the incorporation of high yield residential uses into Precinct 2 (Town Core) will emphasise the regional importance this node.

5. Resource, Energy & Water Efficiency

Good design makes efficient use of natural resources, energy and water throughout its life cycle, including construction. Sustainability is integral to the design process. Aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts, and built form, passive solar design principals, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

Yes The development includes measures to address stormwater detention and the retention and re-use of water for irrigation of the landscaped areas at the Podium Level, Plaza Level and the perimeter of the site at street level. Rainwater re-use is also being utilised for Buildings ‘B’ & ‘F’ to service on-site irrigation, the wash-down facilities for the loading dock and Level 3 car park wash-down bay, and the cistern flush for communal toilets. Additionally, the applicant has provided a BASIX Certificate (No. 212620M dated 27 August 2008) which indicates that the development will achieve the required target scores for water efficiency, thermal comfort and energy efficiency. A condition has been imposed



Principal Consideration/Control Compliant/Comment requiring compliance with the Schedule of BASIX Commitments made in the Certificate. Additionally, conditions requiring the installation of energy & water efficient fittings/fixtures and appliances throughout the two buildings have been imposed. Each apartment achieves an acceptable depth of no more than 12.0m and have been designed to facilitate an efficient cross-flow of natural ventilation. This, in conjunction with the acceptable level of direct sunlight access, results in a generally environmentally efficient development.

6. Landscape Good design recognises that together landscape and building operate as and amenity for both occupants and the adjoining public domain. Landscape design builds on the existing site’s natural and cultural features by coordinating water and soil management, solar access, micro-climate, tree canopy and habitat values. It contributes to the positive image and contextual fit of development through respect for streetscape and neighbourhood character, or desired future character. Landscape design should optimise useability, privacy and social opportunity, equitable access and respect for neighbours’ amenity, and

Yes The development includes an extensive communal landscaped area at the Podium Level which serves to enhance the amenity of the occupants of the residential buildings as it forms a centrally located, and therefore readily accessible, retreat and entertainment area. The communal landscaped area is irrigated by the re-use of grey water from Buildings ‘B’ & ‘F’. Additionally, the proposed height and canopy spread of the trees included in this landscaped area will provide adequate shade and wind protection throughout the Podium Level (a matter which was identified in the Wind Effects Statement prepared by Vipac.



Principal Consideration/Control Compliant/Comment provide practical establishment and long term management.

The Podium Level apartments each include landscaped courtyards which provide a soft edge around the communal landscaped area. These courtyards also enhance visual and acoustic privacy to those apartments. However, as there is potential for concealment in those courtyards which are directly accessed from the Podium Level, NSW Police conditions will be imposed which address visual safety and security.

7. Amenity Good design provides amenity through the physical, spatial and environmental quality of a development Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility.

Yes The development incorporates a broad mix of uses (including retail, commercial and civic) and private & communal open space areas which enhance the quality of the physical, spatial and environmental amenity of the occupants. The general size and shape of the apartments facilitate the optimising of residential amenity through the provision of efficient natural ventilation and sunlight access throughout. Similarly, the off-set orientation of Buildings ‘B’ & ‘F’ result in an acceptable level of visual and acoustic privacy both internally and externally to each building. Each apartment is readily accessed via numerous lift cores from both the ground level (at the Strada) and from within the



Principal Consideration/Control Compliant/Comment designated residential car park on Level 4. This enables easy access for persons with a disability and/or older and less mobile persons.

8. Safety & Security

Good design optimises safety and security, both internal to the development and for the public domain. This is achieved by maximising overlooking of public and communal spaces while maintaining internal privacy, avoiding dark and non-visible areas, maximising activity on streets, providing clear, safe access points, providing quality public spaces that cater for desired recreational uses, providing lighting appropriate to the location and desired activities, and clear definition between public and private spaces.

Yes The communal landscaped area is located central to the residential buildings which are situated around its perimeter. This results in an effective and continuous passive surveillance of the area. In addition, the NSW Police have provided conditions which have been imposed to enhance the safety and security of the car park and communal landscape area (see Condition Nos. 74 to 79). All public open space areas associated with the development are located at street level and were addressed in LDA 2006/672.

9. Social Dimensions

Good design responds to the social context and needs of the local community in terms of lifestyles, affordability, and access to social facilities. New developments should optimise the provisions of housing to suit the social mix and needs in the neighbourhood or, in the case of precincts undergoing transition, provide for the desired future community.

Yes The development incorporates a mix of apartments which cross a broad affordability range. The mix predominantly consists of two bedroom apartments (59%) and more affordable one bedroom apartments (33%). The most expensive three bedroom apartments are minimised (8%).

10. Aesthetics Quality aesthetics require the appropriate composition of building elements, textures,

Yes The design of each residential building is representative of the



Principal Consideration/Control Compliant/Comment materials and colours and reflect the use, internal design and structure of the development. Aesthetics should respond to the environment and context, particularly to the desirable elements of the existing streetscape, or, in precincts undergoing transition, contribute to the desire future character of the area.

Coastal Apartment Building defined in the Residential Flat Design Pattern Book and under Clause 8, Part 4.4, Section 8.2 in DCP 2006. The emphasis on the Coastal Apartment Building design is in providing a built form which is defined by three distinct sections: • Base Section – Apartment

terrace & entry component; • Middle Section - Cantilevered

& enclosed balcony component; and

• Top Section – Individual terrace component.

Aesthetically, the design is considered to be appropriate built form for its local Town Centre context as it provides a clearly identifiable and contemporary architectural style commensurate to its residential use.

Residential Flat Design Code Table 11 below provides a summary assessment of the provisions of the Design Code: Table 11 – SEPP No. 65 RFDC compliance assessment Primary Development Controls

Guideline Compliance & Comments

Part 01 – Local Context

Where there is an existing floor space ratio (FSR), test height controls against it to ensure a good fit.

N/A The development is not subject to FSR controls.

Building Height

Test heights against the number of Yes



Primary Development Controls


storeys and the minimum ceiling heights required for the desired building use.

The proposed building heights of RL 105.00 (27.0m) are consistent with a floor-to-ceiling height/storey ratio of 2.7m/10 storeys for Building ‘B’ and 2.7m/9 storeys for Building ‘F’.

Building Depth

In general, an apartment building depth of 10 -18m is appropriate. Developments that propose wider than 18m must demonstrate how satisfactory day lighting and natural ventilation are to be achieved.

Yes All apartments in Buildings ‘B’ & ‘F’ achieve a depth of less than 18m.

Design and test building separation controls in plan and section.

Yes Buildings ‘B’ and ‘F’ have a diagonal separation of 12.0m. Subsequent stages (refer to plan opposite) will result in the following building separations: Buildings ‘F’ – ‘E’ = 16.0m Buildings ‘B’ – ‘E’ = 29.4m Buildings ‘B’ – ‘C’ = 13.0mBuildings ‘C’ – ‘D’ =13.0m Buildings ‘C’ – ‘D’ =29.4m

Building Separation

Test building separation controls for daylight access to buildings and open spaces.

Yes The shadow diagrams opposite illustrate the level of daylight access available to each apartment building and to the interior communal open space. As can be seen, the 12.0m separation





9.00am (21 June)

Noon (21 June)

3.00pm (21 June)

between Buildings ‘B’ & ‘F’ is most effective at 9.00am, diminishing at noon then improving at 3.00pm. This is also generally true for the interior communal open space where the landscaped area remains shaded throughout the later, and hottest, part of the day. Because of the northeast-southwest orientation of the site, the level of direct sunlight access is considered to be acceptable as it is difficult to achieve direct sunlight access throughout the day to all elements of the development, especially within the constraint of a relatively small development area.





Identify the desired streetscape character, the common setback of buildings in the street, the accommodation of street tree planting and the height of buildings and daylight access controls. Test street setbacks with building envelopes and street sections.

Street Setbacks

Test controls for their impact on the scale, proportion and shape of building facades

N/A The establishment of streetscape setbacks was addressed in LDA 2006/672.

Side & Rear Setbacks

Relate side setbacks to existing streetscape patterns.

N/A The development does not relate to existing streetscape patterns due to its elevated nature within a defined and approved base built form.

Floor Space Ratio

Test the desired built form outcome against proposed floor space ratio to ensure consistency with building height- building footprint the three dimensional building envelope open space requirements.

N/A The development is not subject to FSR controls. Notwithstanding, the building envelopes are consistent with LEP No. 143, DCP 2006 and the subsequently approved LDA 2006/672 which established the desired character of the area. The development is therefore consistent with the desired scale of development for the Town Centre.

Part 02 – Site Design Deep Soil Zones

A minimum of 25% of the open space area of a site should be a deep soil zone; more is desirable. Exceptions may be made in urban areas where sites are built out and there is no capacity for

N/A Because of the roof-top nature of the site there is no ability to provide a deep soil zone. Instead, a





water infiltration. In these instances, Stormwater treatment measures must be integrated with the design of the residential flat building.

centrally located communal landscaped zone is provided which will incorporate sufficient soil depths to facilitate the planting of large and medium sized trees. See ‘Planting on Structures’ in this table below. The development includes measures to address stormwater detention and the retention and re-use of water for irrigation of the landscaped areas at the Podium Level, Plaza Level and the perimeter of the site at street level.

The area of communal open space required should generally be at least between 25% and 30% of the site area. Larger sites and brownfield sites may have potential for more than 30%.

Yes The communal open space at the Podium Level has an area of 4,250m² which equates to 25% of the site area accommodating the total residential component (17,100m²).

Where developments are unable to achieve the recommended communal open space, such as those in dense urban areas, they must demonstrate that residential amenity is provided in the form of increased private open space and/or in a contribution to public open space.

N/A The development achieves the recommended communal open space area.

Open Space

The minimum recommended area of private open space for each apartment at ground level or similar space on a structure, such as on a podium or car park, is 25m²; the minimum preferred dimension in one direction is 4.0m. (see

Yes Each apartment at the Podium Level has a courtyard/terrace area of at least 25m² although it is noted that the areas





Balconies for other private open space requirements).

generally range between 41m² - 170m² (for the eastern facing apartments).

Planting on Structures

In terms of soil provision there is no minimum standard that can be applied to all situations as the requirements vary with the size of plants and trees at maturity. The following are recommended as minimum standards for a range of plant sizes: • Large trees such as figs (canopy diameter of up to 16m at maturity) - minimum soil volume 150m³ - minimum soil depth 1.3m - minimum soil area 10m x 10m area or equivalent • Medium trees (8.0m canopy diameter at maturity) - minimum soil volume 35m³ - minimum soil depth 1.0m - approximate soil area 6.0m x 6.0m or equivalent • Small trees (4.0m canopy diameter at maturity) - minimum soil volume 9.0m³ - minimum soil depth 800mm - approximate soil area 3.5m x 3.5m or equivalent • Shrubs - minimum soil depths 500 - 600mm • Ground cover - minimum soil depths 300 - 450mm • Turf - minimum soil depths 100- 300mm. • Any subsurface drainage requirements are in addition to the minimum soil depths quoted above.

Yes The landscaped communal open space area located on the Podium Level includes the provision of evergreen trees (with a mature height ranging between 4.0m – 12.0m and a mature canopy diameter ranging between 4.0m – 10.m) which define the edges of the lawn areas. However, no indication has been provided on the plans as to the depth of the soil required for the planting of such trees. A condition has been imposed which requires that the proposed landscape scheme, and specifically, the planting of trees, comply with the required soil depths as indicated for large and medium sized trees, shrubs, ground cover, turf (See Condition No. 42).

Safety Carry out a formal crime risk assessment for all residential developments of more than 20 new dwellings.

Yes The application was referred to NSW Police for a formal crime risk assessment under the




Guideline Compliance & Comments provisions of CPTED. Suitable conditions have been imposed.

Visual Amenity

Refer to Building Separation minimum standards

Yes Buildings ‘B’ and ‘F’ are diagonally separated by a distance of 12.0m. The distance, in conjunction with the offset, results in an indirect line of sight between apartments at various levels. This is considered to be acceptable in that avoidance of direct viewing between habitable areas is enabled. The 12.0m building separation ensures that adequate acoustic privacy is maintained.

Identify the access requirements from the street or car parking area to the apartment entrance.

Yes All apartments are accessed via lift cores from ground level lobbies (located within the Strada) and individual car park levels.

Follow the accessibility standard set out in AS 1428 (parts 1 and 2), as a minimum.

Yes A suitable condition has been imposed which requires compliance with AS 1428.1 & 2 (See Condition No. 8)

Pedestrian Access

Provide barrier free access to at least 20% of dwellings in the development.

Yes All dwellings have barrier free access.

Vehicle Access

Generally limit the width of driveways to a maximum of 6.0m.

Yes All driveways are internal to the upper levels of the




Guideline Compliance & Comments redeveloped shopping centre. As such, all aisle widths achieve a minimum of 6.0m.

Locate vehicle entries away from main pedestrian entries and on secondary frontages.

Yes All driveways are internal to the upper levels of the redeveloped shopping centre. As such, car parking is located well-away from the main pedestrian entries of each residential building (which is located both at ground level and at podium level).

Part 03 – Building Design Single-aspect apartments should be limited in depth to 8.0m from a window.

Yes Generally, each single-aspect apartment has a depth of approximately 7.0m from the face of the main habitable room window (ie Living Room) to the back of the opposite interior wall.

Apartment Layout

The back of a kitchen should be no more than 8.0m from a window.

Yes All apartments do not exceed a depth of 8.0m from the back of a kitchen to a window.

Balconies Provide primary balconies for all apartments with a minimum depth of 2.0m. Developments which seek to vary from the minimum standards must demonstrate that negative impacts from the context-noise, wind – can be satisfactorily mitigated with design solutions.

Yes All apartments include balconied areas which have a depth in excess of 2.0m. A number of apartments include a balconied area of 1.0m but these areas are incidental to the main 2.0m wide balconied area and do not form the main




Guideline Compliance & Comments outdoor private open space area.

Ceiling Heights

The following recommended dimensions are measured from finished floor level (FFL) to finished ceiling level (FCL). These are minimums only and do not preclude higher ceilings, if desired. • in mixed use buildings: 3.3m minimum for ground floor retail or commercial and for first floor residential, retail or commercial to promote future flexibility of use • in residential flat buildings in mixed use areas: 3.3m minimum for ground floor to promote future flexibility of use in residential flat buildings or other residential floors in mixed use buildings • in general, 2.7m minimum for all habitable rooms on all floors, 2.4m is the preferred minimum for all non- habitable rooms, however 2.25m is permitted. • for two storey units, 2.4m minimum for second storey if 50% or more of the minimum wall height at edge • for two-storey units with a two storey void space, 2.4m minimum ceiling heights • attic spaces, 1.5m minimum wall height at edge of room with a 30º minimum - ceiling slope.

Yes Each apartment achieves a minimum floor-to-ceiling height of 2.7m for habitable areas. Corridors and non-habitable areas achieve a minimum floor-to-ceiling height of 2.4m.

Optimise the number of ground floor apartments with separate entries and consider requiring an appropriate percentage of accessible units. This relates to the desired streetscape and topography of the site.

N/A The development does not include any apartments at street level.

Ground Floor Apartments

Provide ground floor apartments with access to private open space, preferably as a terrace or garden.

Yes All ground floor apartments (located at




Guideline Compliance & Comments Podium Level) have access to private, landscaped terrace areas.

Internal Circulation

In general, where units are arranged off a double-loaded corridor, the number of units accessible from a single core/corridor should be limited to eight. Exceptions may be allowed: • for adaptive re-use buildings • where developments can demonstrate the achievement of the desired streetscape character and entry response where developments can demonstrate a high level of amenity for common lobbies, corridors and units, (cross over, dual aspect apartments).

Yes Building ‘B’ consists of two double-loaded corridors per level (located in the ‘southern’ an ‘northern’ halves of the building). This results in a maximum of six (6) apartments gaining direct access per corridor. Building ‘F’ consists of one double-loaded corridor which forms the central east-west spine of the building. This results in a maximum of seven (7) apartments gaining direct access per corridor.

Storage In addition to kitchen cupboards and bedroom wardrobes, provide accessible storage facilities at the following rates: • studio apartments - 6.0m³ • one-bedroom apartments - 6.0m³ • two-bedroom apartments - 8.0m³ • three plus bedroom apartments -10m³ 50% of the above areas may allocated within each respective apartment while the remaining 50% is to be located within the car parking area.

Yes The development includes 152 designated storage areas of varying size within the residential car parking area. In addition, ‘storage zones’ are assigned throughout the car parking level to accommodate additional needs through the development of further stages. The creation of individual storage areas within these zones could comply with the rates provided opposite. A condition has been imposed which




Guideline Compliance & Comments requires that each apartment is provided with a storage area commensurate to the required rate (See Condition No. 43).

Building Amenity Living rooms and private open spaces for at least 70% of apartments in a development should receive a minimum of three hours direct sunlight between 9.00am and 3.00pm in mid winter. In dense urban areas a minimum of two hours may be acceptable.

Yes Building ‘B’ contains 69 (65%) apartments which achieve a minimum of two hours direct sunlight access. Building ‘F’ contains 57 (72%) apartments which achieve a minimum of two hours direct sunlight access. This equates to a total of 126 (70%) apartments which achieve a minimum of two hours direct sunlight access.

Daylight Access

Limit the number of single-aspect apartments with a southerly aspect (SWSE) to a maximum of 10% of the total units proposed. Developments which seek to vary from the minimum standards must demonstrate how site constraints and orientation prohibit the achievement of these standards and how energy efficiency is addressed (see Orientation and Energy Efficiency).

Yes Building ‘B’ includes 8 (7.5%) apartments which have a southerly aspect and are therefore self-shadowing. Building ‘F’ includes 16 (20%) apartments which have a southerly aspect and are therefore self-shadowing. In total, the development consists of 13% of apartments which have a




Guideline Compliance & Comments southerly aspect. The development is unique in its constraints as the footprints and building envelopes for the residential components were pre-defined in LDA 2006/672. Therefore, achieving a variation of 3% for both buildings is considered to be an acceptable outcome in this particular instance.

Building depths, which support natural ventilation, typically range from 10 to 18m.

Yes All apartments achieve a maximum depth of between 10m to 12m and exhibit good cross-flow ventilation.

Natural Ventilation

Sixty percent (60%) of residential units should be naturally cross ventilated.

Yes Building ‘B’ contains 65 (61%) apartments which are naturally cross ventilated. Building ‘F’ contains 49 (77%) apartments which are naturally cross ventilated.

Building Performance Waste Management

Supply waste management plans as part of the development application submission as per the NSW Waste Board.

Yes A Waste Management Plan has been provided as part of this application.

Water Conservation

Rainwater is not to be collected from roofs coated with lead or bitumen-based paints, or from asbestos- cement roofs. Normal guttering is sufficient for water collections provided that it is kept clear of leaves and debris.

Yes The development will not include any treatments which incorporate lead/bitumen based paints




Guideline Compliance & Comments or asbestos-cement roofs.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

The development is defined as ‘BASIX Affected Development’ under the Environmental Planning and Assessment Regulation 2000. The applicant has provided a BASIX Certificate (No. 212620M dated 27 August 2008) which indicates that the development will achieve the required target scores for water efficiency, thermal comfort and energy efficiency. A condition has been imposed in accordance with the Environmental Planning & Assessment Regulation, 2000 requiring compliance with the Schedule of BASIX Commitments made in the Certificate (see Condition No. 12).

State Environmental Planning Policy (Infrastructure) 2007 The aim of this Policy is to facilitate the effective delivery of infrastructure across the State by: (a) improving regulatory certainty and efficiency through a consistent planning

regime for infrastructure and the provision of services, and (b) providing greater flexibility in the location of infrastructure and service facilities,

and (c) allowing for the efficient development, redevelopment or disposal of surplus

government owned land, and (d) identifying the environmental assessment category into which different types of

infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and

(e) identifying matters to be considered in the assessment of development adjacent

to particular types of infrastructure development, and (f) providing for consultation with relevant public authorities about certain

development during the assessment process or prior to development commencing.

The application was referred to the RTA in accordance with the provisions of the SEPP. As the concept had already been considered by the RTA under LDA 672/2006 it was considered that no further action would be required.



The RTA have imposed one additional condition above those imposed under LDA 672/2006 requiring the installation of sound mitigating window treatments in accordance with Clause 102 of the SEPP (See Condition No. 171). Draft State Environmental Planning Policy No. 66 – Integrated Land Use and Transport This Policy, which was released as part of the Government’s Integrated Land Use and Transport (ILUT) package in 2001, aims to ensure that urban structure, building forms, land use locations, development designs, subdivision and street layouts help achieve the following planning objectives: (a) improving accessibility to housing, employment and services by walking, cycling,

and public transport, (b) improving the choice of transport and reducing dependence solely on cars for

travel purposes, (c) moderating growth in the demand for travel and the distances travelled,

especially by car, (d) supporting the efficient and viable operation of public transport services, (e) providing for the efficient movement of freight. Despite the net gain in car parking resulting from this proposal, the current and future convergence of numerous public transport routes upon the Centre will encourage the use of alternative means of transport. In this regard, the development is considered to satisfy the objectives of the Draft SEPP. (c) Relevant REPs There are no Regional Environmental Plans relevant to this application. (d) Any draft LEPs Council has placed Draft Local Environmental Plan 2008 on public exhibition from 12 November 2008 to 16 January 2009. Under this Draft LEP, the zoning of the property is B4 (Mixed Use). The development is permissible with consent within this zoning under the Draft LEP, and it is considered that the proposal is not contrary to the objectives of the Draft LEP or those of the proposed zoning.



(e) Any DCP Development Control Plan 2006 Council adopted City of Ryde DCP 2006 on 4 July 2006 and its provisions became effective on 26 July 2006. The relevant parts to consider are as follows: Part 2.1 – Notifications of Development Applications The proposal was advertised and notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. The application was advertised in the Ryde City View and the Northern District Times on 1 October 2008. Notification of the proposal was for a period of not less than 14 days from 1 October 2008 until 16 October 2008. A total of 10 submissions were received. Of those submissions, 9 objected to the proposal while one (1) supported the proposal. Refer to ‘Notification and Submissions’ and Table 4 on page 12 in this report. Part 3.4 – Residential Flat Buildings This part is not relevant to this application as it only relates to zones 2(a1), 2(b1) & 2(b2). Part 4.4 – Ryde Town Centre Table 12 below provides an assessment of the relevant parts and sections of the DCP (note: the majority of controls relate to the already approved ground level and shopping centre component of the development only and were addressed under LDA 672/2006): Table 12 – DCP 2006 compliance assessment Control Requirement Compliant

Section 3 - Public Domain (only relevant clauses shown) 3.1 Pedestrian

Access & Through-site Links

• Provide pedestrian through-site routes and public domain areas in accordance with the Public Domain Control Drawing.

• Pedestrian through-site routes must be: i Direct, without concealment

N/A These matters were satisfactorily addressed in the redevelopment of the Top Ryde shopping centre under LDA 2006/672



Control Requirement Compliant opportunities and designed to provide clear sightlines from one end to the other.

ii. A minimum of 3m wide, unless otherwise specified in Ryde Planning Scheme Ordinance or this Part.

iii. Designed to consider pedestrian safety and the security of adjacent businesses.

iv. Activated by retail, civic and / or commercial land-uses.

v. Naturally lit and ventilated. vi Well lit at night. vii Publicly accessible between

at least 7am and 7pm daily, however 24 hour public access is preferred.

viii Accessible to all and designed to provide barrier free access.

ix Have regard to Safer-by- Design Principles. • Courtyards, plazas or squares

should be provided to complement pedestrian through-site routes.

3.2 Environmental Management & the Public Domain

• Provide solar access to no less than 80% of the ground plane for at least 2 hours between 10am and 2pm on June 21 (exclusive of shadows cast by trees) to the following public domain areas:

i School playgrounds. ii Landscaped grounds of heritage items. iii Ryde Park including bowling greens. iv Required public plazas and squares identified in the Public Domain Control Drawing. • Building design is to minimise

Yes Solar access to the ground plane and surrounding public domain areas was addressed under LDA 2006/672. The application includes a ‘Wind Effects Statement’ prepared by VIPAC Engineers & Scientists Ltd. The report, dated 16 April 2007, was generally supportive of the development and recommends that



Control Requirement Compliant adverse wind effects (such as down drafts) on public open spaces. The orientation, height and form of development are to be designed to promote public safety and comfort at ground level. Awnings and galleria are to be provided, if necessary, for pedestrian comfort. Council may require an assessment of wind impacts and a statement of commitment regarding proposed wind mitigation measures.

• Building design should ensure that summer breezes are not blocked to private open space, such as courtyards and balconies, as well as to the public domain.

screening should be incorporated on the sides of balconies located within 5.0m of the corner of a building to mitigate high wind conditions. The proposed height and canopy spread of the trees included in the communal landscaped area at Podium Level will provide adequate shade and wind protection throughout this level (a matter which was identified in the Wind Effects Statement prepared by Vipac. The building separation (between 12m and 29m) results in an adequate cross-site flow of ventilation through the Podium Level communal area to all inward-facing apartments.

Section 4 - Architecture & Urban Form (only relevant clauses shown) 4.1 Building

Height • Buildings must comply with the

maximum heights described in LEP 143: Ryde Town Centre.

• Height Planes A, B, C and D apply where indicated on the Building Height Control Drawing in this plan.

• Building Height Plane E shall apply to the required through site thoroughfare in Precinct 2 and defines the relationship of built form to the public domain.

• Floor to ceiling height must be a minimum of 2.7m for residential uses.

Yes The proposed building heights of RL 105.00 (27.0m) are compliant with LEP No. 143 and are consistent with a floor-to-ceiling height/storey ratio of 2.7m/10 storeys for Building ‘B’ and 2.7m/9 storeys for Building ‘F’.



Control Requirement Compliant 4.3 Building

Depth • Achieve natural ventilation in residential buildings by having window openings in opposite directions and walls where possible. • The maximum overall depth of

residential buildings is 18m unless design excellence can be demonstrated and natural ventilation is achieved.

Yes Building ‘B’ contains 65 (61%) apartments which are naturally cross ventilated. Building ‘F’ contains 49 (77%) apartments which are naturally cross ventilated. Generally, each single-aspect apartment has a depth of approximately 7.0m from the face of the main habitable room window (ie Living Room) to the back of the opposite interior wall. All apartments in Buildings ‘B’ & ‘F’ achieve a depth of less than 18m.

4.4 Architectural & Design Quality

• Windows and entries shall be placed to overlook public spaces and streets to provide surveillance opportunities.

• Balconies may not be continuous along the whole length of building facades.

• Provide solar protection, including awnings, recessed windows, roof overhangs, external shutters and screens to the western and northern elevations of buildings.

• Development should protect the existing level of amenity of adjacent development as well as for all users of the site.

Yes The development includes a podium level landscaped area for use by all residents of the development. The landscaped area is highly visible at all hours due to the close proximity of surrounding residential uses and has been designed to encourage safe pedestrian movement throughout through the incorporation of wide pathways, low height shrubbery and feature lighting. All apartments include



Control Requirement Compliant continuous balconied areas which extend for the full length of the apartment frontage. Buildings ‘B’ and ‘F’ are diagonally separated by a distance of 12.0m. The distance, in conjunction with the offset, results in an indirect line of sight between apartments at various levels. This is considered to be acceptable in that avoidance of direct viewing between habitable areas is enabled. The 12.0m building separation ensures that adequate acoustic privacy is maintained. Because of its relative distance from established residential areas (the nearest being a residential flat building on Church Street, approximately 135m to the south) the development will not create any additional overlooking which would result in a degradation of residential amenity. As such, the development will not have any adverse impact upon the amenity of adjoining properties in terms of overshadowing or loss of privacy.

4.5 Streetscape Buildings &

• Items identified in the table entitled Streetscape Buildings

N/A The establishment of



Control Requirement Compliant Elements and Elements should be

retained. • A heritage assessment of all

streetscape buildings is to be included with development application. The heritage assessment is to be made in accordance with the NSW Heritage Office guidelines and is to consider the setting of the item.

• A pre-lodgment meeting should be held with Council staff for all streetscape buildings.

• If a Streetscape Item is found to have heritage significance sufficient to list as a local heritage item then the heritage Controls of this Part apply to the subject site.

• Streetscape Buildings may be adapted for compatible new uses. If retention of the whole building is not practicable the street front façade shall be retained and incorporated in new development.

• New development adjacent Streetscape Buildings should reflect the scale, massing, parapet lines, stringcourses, material qualities and fenestration patterns of the Streetscape Items.

streetscape buildings and elements were addressed in LDA 2006/672. In this regard, the development does not relate to existing streetscape patterns due to its elevated nature within a defined and approved base built form.

Section 5 – Heritage (This section was fully addressed under LDA 2006/672 and is not relevant to this application)

Section 6 - Sustainable Development (only relevant clauses shown) 6.1Environmental

Management • New development is required to

submit an Energy Efficiency Performance Report to indicate overall environmental performance and management in relation to the following matters:

Yes The application is accompanied by a detailed solar access analysis (see Plan No. DA2 P8) which indicates that the development will achieve



Control Requirement Compliant i. Solar access that has been achieved for residential living areas, public open space and private open space including clothes drying areas. ii. Solar access for adjoining and nearby development and public domain areas. iii. How energy efficiency is integrated into the orientation and design of buildings and the public domain. iv. Energy efficiency of all appliances including but not limited to hot water systems, clothes dryers, mechanical ventilation, ceiling fans and the like. v. How water usage is minimised and how the quality and quantity of water discharge from the site is managed. vi. Details of the potential for water recycling.

the following levels of solar access for 21 June: • Residential

apartments:

o Building ‘B’ – 64% o Building ‘F’ – 72%

• Podium landscaped area - Minimum 2 hours between 11.00am –1.00pm.

• Southward view corridor – Not relevant to this application and to be addressed in a subsequent stage which proposes the construction of Buildings ‘C’ and ‘D’.

The neighbouring playing fields associated with the Ryde Public School will remain unaffected by this stage of the residential development. In subsequent stages, it is anticipated that overshadowing of the playing fields will occur from 3.00pm onwards which is after normal school hours. The applicant has provided a BASIX Certificate (No. 212620M dated 27 August 2008) which indicates that the development will achieve the required target scores for water efficiency, thermal comfort and



Control Requirement Compliant energy efficiency. A condition has been imposed requiring compliance with the Schedule of BASIX Commitments made in the Certificate. Additionally, conditions requiring the installation of energy & water efficient fittings/fixtures and appliances throughout the two buildings have been imposed.

6.2 Water Management

• New development is to submit a Water Management Statement for proposals less than 15 residential dwellings or an Integrated Water Cycle Management Plan for proposals more than 15 dwellings.

• A Water Management Plan is a brief statement of Environmental Effects for the development application that summarises the proposed water management measures and expected performance levels compared to BASIX performance standards.

• An Integrated Water Cycle Plan is a design management and implementation plan that integrates all the issues and responses affecting the water cycle.

• In both cases the development must indicate:

i. How the water usage is minimised and how the quantity of water discharge from the site is managed. ii. Details of the potential for

Yes These matters were satisfactorily addressed in the redevelopment of the Top Ryde shopping centre under LDA 2006/672. Notwithstanding, the application includes a Hydraulic Services Report and Stormwater Management Plan (prepared by Warren Smith & Partners dated 15 July 2008) which includes measures to address stormwater detention and the retention and re-use of water for irrigation of the landscaped areas at the Podium Level, Plaza Level and the perimeter of the site at street level. Rainwater re-use is also being utilised for Buildings ‘B’ & ‘F’ to service on-site irrigation, the wash-down



Control Requirement Compliant water recycling and rainwater harvesting and re- use options. iii. Installation of appliances and plumbing hardware that have a minimum AAA Australian Standards Water Conservation Rating. iv. Investigation of treatment and reuse options of Grey Water for non-potable uses as part of the development. v. Potential for any surplus harvested rainwater being piped for irrigation or other reuse possibilities to downstream Ryde Park.

facilities for the loading dock and Level 3 car park wash-down bay, and the cistern flush for communal toilets. The applicant has provided a BASIX Certificate (No. 212620M dated 27 August 2008) which indicates that the development will achieve the required target scores for water efficiency, thermal comfort and energy efficiency. A condition has been imposed requiring compliance with the Schedule of BASIX Commitments made in the Certificate. Additionally, conditions requiring the installation of energy & water efficient fittings/fixtures and appliances throughout the two buildings have been imposed.

6.3 Waste Management

• All applications for demolition and development must be accompanied by a Waste Management Plan that specifies the type of waste to be produced and the proposed arrangements for ongoing waste management, collection and disposal.

• All Waste Management Plans shall be prepared in accordance with the relevant requirements of the Waste Recycling and Processing Service Act 1970, and the Waste Minimisation and Management Act 1995, and the

Yes A Waste Management Plan has been provided as part of this application. See Part 7.2 – Waste Minimisation and Management later in this report for a further discussion of the waste disposal arrangements for the entire development.



Control Requirement Compliant Protection of the Environment Operations Act 1997 and Part 7.2 Waste Minimisation and Management.

6.4Stormwater Management

• Development must comply with Part 8.2 – Stormwater Management.

N/A These matters were satisfactorily addressed in the redevelopment of the Top Ryde shopping centre under LDA 2006/672

6.5 Alternatives to Private Vehicle Transport

• Provide secure bicycle parking in every building with on-site parking equal in area to 1 car-space for every 100 car-spaces or part thereof. Council may consider a lesser rate for retail and commercial development exceeding 10,000 sqm, subject to the bicycle parking being suitably located and designed within the development.

• Provide secure bicycle storage in all residential developments

Yes The development includes sufficient secured storage facilities within the residential car parking levels, in addition to within the apartments, for the parking of bicycles.

Section 7- Residential Amenity (only relevant clauses shown) 7.1 Residential

Open Space For above ground open space: • Provide at least one balcony,

terrace or deck for each dwelling where direct access to ground level private open space is not available.

• Primary above ground open space is to be accessible from a family room, lounge, dining room or kitchen, and be north, east or west facing, in the form of balconies, courtyards, terraces, roof gardens and the like.

• The depth of the primary above ground open space is to be in the range of 2 – 4.0m. The optimal depth is 2.4 – 3.0m.

• Smaller secondary open spaces such as balconies off bedrooms

Yes Each apartment at the Podium Level has a terrace area of at least 25m² although it is noted that the areas generally range between 41m² - 170m² (for the eastern facing apartments). All apartments include balconied areas which have a depth in excess of 2.0m. A number of apartments include a balconied area of 1.0m but these areas are incidental to the main 2.0m wide balconied area and do not form the main outdoor



Control Requirement Compliant are also encouraged. The depth of the secondary open space should be in the range of 0.9 – 1.5m.

• Lightweight pergolas, sunscreens, privacy screens and planters are permitted on roof terraces, provided they do not increase the bulk of building. These elements should not significantly affect the views and privacy available from properties in the immediate vicinity.

private open space area.

7.2 Solar Access & Sun Shading

• Maximise the number of dwellings oriented toward north. Ideal orientation is between 20 degrees west of north and 30 degrees east of north.

Building orientation should be predominantly informed by the orientation of site boundaries. Providing narrower, deeper apartments oriented toward north and south, compared to those oriented toward east and west, is one means of maximising the number of dwellings oriented to north. • Optimise solar access to

principal living rooms and private open spaces of all dwellings. Mid winter solar access diagrams may be required as part of the energy efficiency Performance Report required by Part 7.1 Energy Smart, Water Wise.

• Provide appropriate sun protection to glazing depending on orientation: • On north facing facades

provide eternal horizontal shading devices, eaves, awnings, colonnades,

Yes Because of the north-western location of Building ‘B’ relative to Building ‘F’ there is minimal overshadowing caused to either building. The shadow diagrams opposite (when viewed in conjunction with the shadow diagrams provided in ‘Building Separation’ section of the Residential Design Flat Code table earlier in this report) indicates that the north face of Building ‘F’ is exposed to more than two hours direct sunlight on 21 June during 9.00am & Noon. The development includes appropriate sun shading devices such as screens, to counter direct sunlight glare.



Control Requirement Compliant balconies, pergolas, planting and the like, to maximise solar access in winter and minimise solar access in summer.

• On east and west facing facades provide external vertical shading, sliding screens, adjustable louvres and the like. These may be used in conjunction with awnings, colonnades, balconies, pergolas, and planting.

• Extensive areas of glazing unprotected from sunlight during summer will NOT be permitted.

• Reliance on high performance glazing as the primary element of sun control is NOT permitted.

9.00am

Noon 7.3 Visual Privacy • Direct overlooking of rooms and

private outdoor space of on-site or neighbouring housing, including housing within the same development is to be minimised through:

i. Building layout.

Yes Building ‘B’ is offset from Building ’F’ by approximately 45º resulting in minimal direct overlooking between habitable living areas.



Control Requirement Compliant ii. Location and design of windows and balconies. • The use of tinted glazing that

does not prevent overlooking is not acceptable as the primary means of achieving privacy.

• This provision gives detailed guidance to the Controls of SEPP 65 and promotes appropriate building separation. The preferred minimum distances between opposite windows of neighbouring buildings and dwellings where direct view is not restricted by screening or planting are:

i. 6m between windows of service rooms and/or edges of secondary balconies. ii. 9m between windows of service rooms and/or edges of secondary balconies to edges of primary balconies. iii. 9m between windows of service rooms and/or edges of secondary balconies to windows of commercial uses. iv. 12m between windows of “living” rooms and/or edges of primary balconies. v. 12m between windows of “living” rooms to windows of commercial uses.

This is also considered to be an appropriate design solution under SEPP 65 where the building separation is less than 20m (in this case, Building ‘B’ is separated from Building ‘F’ by 12.0m).

7.4 Acoustic Privacy

• Development is to meet or exceed the sound insulation requirements between separating walls and floors of adjoining dwellings, of the Building Code of Australia

• New development is to meet or exceed the recommendations of Australian Standard 3671-1987: Acoustics – Recommended Design Sound Levels and Reverberation Times for

Yes Suitable conditions have been imposed to ensure minimal noise impact to occupants.



Control Requirement Compliant Building Interiors.

• Site buildings and design the internal layout of rooms, courtyards, terraces and balconies, the use of openings, screens and blade walls, and choice of materials, to minimise the transmission of noise externally.

• Design to achieve primary acoustic privacy between adjacent dwellings with appropriate building materials. This may be enhanced using service areas such as circulation, and storage areas, and back-to-back kitchens, laundries, storage and bathrooms to create a noise buffer.

• Balconies and other external building elements are to be located, designed and treated to minimise noise in the building and reflection of noise from the façade.

• The use of a premises, and any plant, equipment and building services associated with a premises must not:

i. Create an offensive noise as defined by the Protection of the Environment Operations Act 1997; and ii. Add significantly to the background noise experienced in a locality. Council may require a statement of compliance from a qualified acoustical consultant. • Machinery and activities,

including construction work, that are likely to generate offensive



Control Requirement Compliant noise must be adequately sound-proofed in accordance with the Protection of the Environment Operations Act 1997 prior to occupation of the premises.

• Where retail and commercial development adjoins residential

development, the use of mechanical plant equipment and building services will be restricted and must have acoustic insulation. • Loading and unloading facilities

must not be located immediately adjacent to residential development.

7.5 Buildings Facing Devlin Street, Lane Cove Road, Blaxland Rd & Victoria Rd

• Development is to comply with Australian Standard 3671-1989: Acoustics – Road Traffic Noise Intrusion, Building Siting and Construction.

• Maximise the effect of the following noise attenuation strategies by using them in combination: • Use appropriate building materials. • Create a noise buffer between habitable rooms and working environments, facing Devlin Street and Victoria Road. • Use service areas such as

circulation, kitchens, laundries, storage and bathrooms to create a noise buffer.

• Use enclosable balconies to moderate the impact of noise.

• Use glazed enclosable balconies where the noise source is northward of development.

Yes The development has been referred to the RTA for comment given its close proximity to a main road (Devlin Street). The RTA, under the provisions of SEPP (Infrastructure) 2007 have requested a condition be imposed, despite the relative distance of Buildings ‘B’ & ‘F’ from the main road, requiring the installation of sound mitigating treatments (in this case, double glazing) to address any noise impact. The development has also been conditioned to comply with AS 3671-1989: Acoustics – Road Traffic Noise Intrusion, Building Siting and Construction.



Control Requirement Compliant • Protect the amenity of

bedrooms by not locating them on the same side as the noise source.

• Use double glazing. • Use design to achieve adequate

noise attenuation while maintaining architectural address to busy roads.

7.6 Housing Choice

• This provision gives detailed guidance to the Controls of SEPP 65. Development is to provide a diverse mix of dwelling sizes generally within the following ranges: i. 3 bedroom – 35% ii. 2 bedroom – 80% iii. 1 bedroom + studio – 35%

• Developments providing less than 10 units, may vary this mix providing a range of dwelling sizes are represented.

• Developments providing less than 5 units are exempt.

Yes The development incorporates a mix of apartments which cross a broad affordability range. The mix predominantly consists of mid-range two bedroom apartments (59%) and more affordable one bedroom apartments (33%). The most expensive three bedroom apartments are minimised (8%).

Section 8 – Precincts (only relevant clauses shown) 8.2 Precinct 2 –

Town Core • A mix of land uses may be

permitted or required including residential development not less than 15% of the permissible nett useable floor area of the precinct.

Yes The total residential NUFA of 40,500m² will equate to 27% land use mix. The current application equates to 10.4% land use mix which is sequenced with the gradual staging of the concept approval in terms of the provision of total NUFA.

• Apartments near public open space must have built-in acoustic mitigation Controls to ensure that activities in the public domain will not adversely affect the amenity of residents. The objective of this provision is to protect the long term use of

Yes The development is near to the playing fields of Ryde Public School (on Tucker Street). However, given the height of Building ‘F’ above ground level, and



Control Requirement Compliant public open space for civic and community events.

it’s distance from the playing fields, it is highly unlikely that any noise created by children playing will create any loss of residential amenity.

• Residential development should incorporate the principles the Coastal Apartment Building type outlined in the Residential Flat Design Pattern Book (NSW Government Architect and Urban Design Advisory Service). This building type emphasises outdoor living and an interactive public domain interface.

Yes The architectural theme of each residential building is consistent with the style of the Coastal Apartment Building as defined in the Residential Flat Design Pattern Book. The emphasis on the design is in providing a heavily articulated façade which includes extensive balconies and terraces which enhance both the internal & external amenity and outlook. The design is considered to be appropriate built form for its local context as it provides a clearly identifiable residential architectural style which emphasises outdoor living and promotes an mutually interactive public domain interface.

Part 7.1 – Energy Smart, Water Wise The objectives of this part are: • To encourage the design of energy efficient buildings in the City of Ryde; • To ensure site planning and building design optimise solar access to land and

buildings;



• To decrease the total energy use in buildings through reductions in heat loss and

energy consumption for the purposes of heating and cooling; and • To encourage the construction and use of buildings that reduce the current level

of attributed greenhouse gas emissions and natural resource consumption. In this respect, the development is subject to the following criteria identified under Section 2.6 – ‘All other developments (school, hospital, etc)’. Table 13 – DCP 2006 (Energy Smart) compliance assessment Criteria Compliant Additional or replacement ceiling/roof and walls must be fitted with insulation. Ceiling/roof insulation must be rated R3.0 or equivalent and wall insulation must have an R1.5 or equivalent rating. Insulation of cavity brick walls is not required.

Yes Subject to condition

Where a hot water system is new or a replacement system and is of domestic/residential scale it must achieve a minimum 3.5 Star Greenhouse Score.


Water efficient fixtures: shower heads and toilet cisterns shall be at least AAA rated water efficient: bathroom and kitchen taps shall be fitted with aerators; water closets shall have a dual flush cistern.


The applicant has provided a BASIX Certificate (No. 212620M dated 27 August 2008) which indicates that the development will achieve the required target scores for water efficiency, thermal comfort and energy efficiency. Nonetheless, conditions have be applied which address the criteria listed in Table 13 above (See Condition Nos. 51, 52 & 53). Part 7.2 – Waste Minimisation and Management The objectives of this part are to: • Assist in achieving Federal and State Government waste minimisation targets in

accordance with regional waste plans; • Minimise the overall environmental impacts of waste and foster the principles of

ecologically sustainable development (ESD); • Require source separation, design and location standards which compliment

waste collection and management services offered by Council and private service providers;



• Encourage building designs and construction techniques which will minimise

future waste generation; • Provide on-going management of waste handling and minimisation in premises;

and • Provide advice to intending applicants on:

o Matters to be considered when assessing the waste implications of development applications made under the Environmental Planning and Assessment Act;

o How to prepare waste management plans;

o How to reduce and handle waste during the demolition and construction

phase. The applicant has submitted a Waste Management Plan (WMP) as required under Section 9.1. It is noted that the VPA includes reference (see Clause 1.7 under Scope of Work in the VPA) to the commercial/residential waste disposal area on RL 69.50 (now RL 69.70 - Level 3A) at the southern corner of the site. The development is consistent with this requirement. Additionally, on each level of the residential development a waste room has been provided. This room will house two recycling bins and a chute for the general waste. Appropriate signage will be displayed in these rooms. Tenants will be required to deposit their recycling into these bins and to place their general waste in the chute. Large cardboard boxes will be required to be flattened and stored in this area. Cleaners will monitor these bins and will transport them to the recycling room when full. Each chute feeds directly in a garbage room located in the car park areas. 1100L bins will be located under each chute. Cleaners will monitor these bins throughout the day to ensure waste does not overflow. Full bins will be transferred to the waste disposal area (on Level 3A) by cleaners awaiting collection by Ryde City Council.



Part 8.1 – Construction Activities The objectives of this part are to: • Encourage consideration of Ecologically Sustainable Development (ESD) and Site

Management when developing a site; • Ensure adequate controls are in place on or near a site to minimise the impact of

construction activities on adjoining properties; • Provide requirements and advice to applicants in regard to site management; • To improve water quality of creeks and receiving waters (Lane Cove River or

Parramatta River); and • To ensure public health and safety is maintained. Council’s Development Engineers have reviewed the application and have provided conditions to be imposed on the consent which address the relevant sections of this part. Given that the development occurs within proximity to a residential area a suitable condition has been imposed limiting the hours of construction activity commensurate to the hours imposed under LDA 2006/672. Part 9.2 – Access for People with Disabilities The objectives of this part are to: • Ensure that builders, developers and others provide access for people with

disabilities in new and refurbished premises as required by the Disability Discrimination Act, 1992;

• Provide design criteria that achieves access for people with disabilities; and • Promote the concept of an accessible environment for the whole community. The development must comply with the following relevant design requirements: Table 14 – DCP 2006 Access for People with Disabilities compliance assessment Design requirement Comment CompliantContinuous path of travel To comply with AS1428.2 - Clause 7

Suitable conditions may be applied to satisfy this requirement.




Design requirement Comment CompliantWidth of path To comply with AS1428.2 - Clauses 6.1 to 6.5



Changes in level To comply with AS1428.2 - Clause 6.6



Vertical clearance To comply with AS1428.2 – Clause 6.7



Ramps and landings To comply with AS1428.2 – Clauses 8.1 to 8.4.6



Ground and floor surfaces To comply with AS1428.2 – Clause 9



Approaches and entrances To comply with AS1428.2 – Clause 11.2



Doors and doorways To comply with AS1428.2 Clause 11



Tactile ground surface indicators To comply with AS1428.4



Lighting To comply with AS1428.2 – Clause 19



Parking areas Off-street parking To comply with AS1428.2 – Clauses 14.1 & 14.2 To comply with AS2890.1 – Clauses 2.4.5 to 2.4.6.1, Appendix C & Table C1 On-street parking To comply with AS2890.5 – Clauses 4.5.1 & 4.5.2



Sanitary facilities To comply with AS1428.2 – Clauses 10.2, 15 & 15.1 to 15.3





Design requirement Comment Compliantand Figure 12 Washbasins To comply with AS1428.2 – Clause 15.7



Shower facilities To comply with AS1428.2 – Clause 15.4



Bedrooms in motels etc To comply with AS1428.2 – Clause 24.3



Controls To comply with AS1428.2 – Clauses 23.1 to 23.5 and AS1428.1 – Clause 11



Symbols and signs To comply with AS1428.2 – Clauses 14.1 to 14.4, 17.2 to 17.4 and 25



Furniture and fitments To comply with AS1428.2 – Clauses 24.1 & 24.2



Emergency warning alarms To comply with AS1428.2 – Clauses 18.2 & 18.3



Emergency egress To comply with HREOC Advisory Notes on Access to Premises – Section 5.21



Outdoor areas



Infrastructure Kerb ramps to comply with AS1428.1



Council’s Access Consultant has not raised any objection to the development and concurs that it would be appropriate to impose conditions of consent to ensure compliance with the Building Code of Australia and the standards set out in AS 1428 (Parts 1 & 2).



Section 94 Development Contributions Plan 2007 Section 94 contributions are not applicable to this application as the matter was addressed under the VPA (see Background discussed earlier in this report). 9. Likely impacts of the Development (a) Built Environment The site is located within a designated Town Centre which is subject to specific development standards and controls which determine the built form and scale of the development. The proposed residential flat buildings are commensurate to those standards and controls and, as such, represent a pre-defined core to the Town Centre. In this regard, the development should not be subject to comparison with development in surrounding areas outside of the Town Centre, which consists of low-to-medium residential and commercial uses. (b) Natural Environment The proposed development will have no significant impacts on the natural environment. 10. Suitability of the site for the development The site is currently subject to the construction of the Top Ryde Shopping Centre and, as such, does not exhibit any built or natural constraints which would render the proposed development unsuitable. 11. The Public Interest The development, as part of the overall redevelopment of Top Ryde City, will facilitate the delivery of the desired future character of the Ryde Town Centre as consistent with the objectives, development standards and controls of Ryde Planning Scheme Ordinance (as amended by LEP No. 143) and DCP 2006. This desired future character will establish the Town Centre as the central core which includes a broad range of uses to service the local and distant communities of Ryde and its surrounding localities. The proposal was advertised and notified in accordance with Development Control Plan 2006 - Part 2.1 for a period of not less than 14 days from 1 October 2008 until 16 October 2008.



A total of 10 submissions were received. Of those submissions, 9 objected to the proposal while one (1) supported the proposal. These submissions have been addressed in this report (see Table 4 on page 12 of this report). No donations or gifts were disclosed in the submissions. 12. Management Plan Linkages - Relationship to Key Outcome Areas

People This project meets the following key outcomes for People (set out on page 46 of the Management Plan 2008-2011):

P1 A vibrant city that is economically strong and engages its community through

cutltural and social activities. The development will increase opportunities for social and economic activity which, in turn, together with the established transport connectivity, will enhance the vibrancy of the City as a regional focal point. P2 A city that plans for people by involving them in decision making to improve their

quality of life. The proposal forms a continuation of the approval granted under LDA 2006/672. In that application, the community was extensively consulted in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications to ensure that the development satisfied their needs as users of the centre. The current application was also advertised and notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. All matters raised by the community have been addressed in this report.

Assets This project meets the following key outcomes for Assets (set out on page 56 of the Management Plan 2008-2011):

This matter has no direct relationship to this key outcome area.

Environment This project meets the following key outcomes for Environment (set out on page 67 of the Management Plan 2008-2011):

E2 Clean water through control of pollution entering our waterways and through

protection of these waterways.



The application includes a Hydraulic Services Report and Stormwater Management Plan (prepared by Warren Smith & Partners dated 15 July 2008) which includes measures to address stormwater detention and the retention and re-use of water for irrigation of the landscaped areas at the Podium Level, Plaza Level and the perimeter of the site at street level. Rainwater re-use is also being utilised for Buildings ‘B’ & ‘F’ to service on-site irrigation, the wash-down facilities for the loading dock and Level 3 car park wash-down bay, and the cistern flush for communal toilets. The applicant has provided a BASIX Certificate (No. 212620M dated 27 August 2008) which indicates that the development will achieve the required target scores for water efficiency, thermal comfort and energy efficiency. A condition has been imposed requiring compliance with the Schedule of BASIX Commitments made in the Certificate. Additionally, conditions requiring the installation of energy & water efficient fittings/fixtures and appliances throughout the two buildings have been imposed.

Governance This project meets the following key outcomes for Governance (set out on page 75 of the Management Plan 2008-2011):

G2 Members of the community are engaged in democratic decision making. The proposal was advertised and notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. The application was advertised in the Ryde City View and the Northern District Times on 1 October 2008. Notification of the proposal was for a period of not less than 14 days from 1 October 2008 until 16 October 2008. A total of 10 submissions were received. Of those submissions, nine (9) objected to the proposal while one (1) supported the proposal. These submissions have been addressed in this report (see Table 4 on page 12 of this report). Additionally, the proposal is to be heard at the Development Committee which enables the community to engage in the democratic decision making of the application.



G5 Compliance with all legislative requirements and statutory obligations. All relevant legislative and statutory requirements, as stipulated under Section 79C the Environmental Planning & Assessment Act, 1979 have been addressed in this report. The proposal has been found to comply with the provisions of SEPP No. 65, SEPP (BASIX) 2004, SEPP (Infrastructure) 2007, Draft SEPP No. 66, the development standards of the Ryde Planning Scheme Ordinance (as amended by LEP No. 143) and the relevant development controls of DCP 2006. 13. Consultation – Internal and External

Internal Referrals:

Development Engineer Council’s Development Engineer raised no objection to the proposal subject to the imposition of conditions. Landscape Architect Council’s Landscape Architect raised no objection to the proposal subject to the imposition of conditions. Building Surveyor Council’s Building Surveyor raised no objection to the proposal subject to the imposition of standard conditions. Environmental Health Officer Council’s Environmental Health Officer raised no objection to the proposal subject to the imposition of standard conditions. Waste Management Council’s Waste Management Coordinator raised no objection to the proposal.

External Referrals RTA The application was referred to the RTA under the provision of State Environmental Planning Policy (Infrastructure) 2007.



As the concept had already been considered by the RTA under LDA 672/2006 it was considered that no further action would be required. The RTA have imposed one additional condition above those imposed under LDA 672/2006 requiring the installation of sound mitigating window treatments in accordance with Clause 102 of the SEPP. Access Council’s Access Consultant has not raised any objection to the development and concurs that it would be appropriate to impose conditions of consent to ensure compliance Part D3 of the Building Code of Australia and the standards set out in AS 1428 (Parts 1 & 2). NSW Police NSW Police have assessed the application under the provisions of CPTED and raise no objections subject to standard safety and security conditions which have been agreed upon with the applicant. 14. Critical Dates There are no critical dates to be met. 15. Financial Impact There is no financial impact associated with this development. 16. Other Options No alternative options have been sought by the applicant or Council. 17. Conclusion: The development is a continuation of the overall redevelopment of the centre, known as Top Ryde City, which will create a defined town core within the Ryde Town Centre as defined in the Ryde Planning Scheme Ordinance (as amended by LEP No. 143) and DCP 2006. The two buildings achieve a total height of RL 105.00 and contain a total of 185 apartments. The building envelopes within which the two buildings are situated have been pre-approved under LDA 2006/672 which considered the buildings as part of a conceptualised staged development.



The assessment has found that the development complies with all relevant development standards and controls. All submissions received as a result of the advertising and notification of the application have been addressed. It is recommended that the application be approved subject to conditions. RECOMMENDATION: (a) That Local Development Application No.585/2008 for the construction of two

residential Buildings above Top Ryde Shopping Centre to accommodate 185 apartments including the allocation of car parking spaces, associated facilities and communal landscaping at LOT 1 in DP 618154, No. 115-121 Blaxland Road, RYDE be approved subject to the following conditions:

SECTION 1: GENERAL

1. Development is to be carried out in accordance with the following plans and

support information submitted to Council.

Plan Date DA2 2.00(P8) DA Stage 2 Residential Plan Level 3A 06/08/08 DA2 2.01(P8) DA Stage 2 Residential Plan Level 3B 06/08/08 DA2 2.02(P8) DA Stage 2 Residential Plan Level 4A 06/08/08 DA2 2.03(P8) DA Stage 2 Residential Plan Level 4B 06/08/08 DA2 2.04(P8) DA Stage 2 Residential Plan Level 5 06/08/08 DA2 2.05(P8) DA Stage 2 Residential Plan Level 6 06/08/08 DA2 2.06(P8) DA Stage 2 Residential Plan Level 7 06/08/08 DA2 2.07(P8) DA Stage 2 Residential Plan Level 8 06/08/08 DA2 2.08(P8) DA Stage 2 Residential Plan Level 9 06/08/08 DA2 2.09(P8) DA Stage 2 Residential Plan Level 10 06/08/08 DA2 2.10(P8) DA Stage 2 Residential Plan Level 11 06/08/08 DA2 2.11(P8) DA Stage 2 Residential Plan Level 12 06/08/08 DA2 2.12(P8) DA Stage 2 Residential Plan Level 13 06/08/08 DA2 2.13(P8) DA Stage 2 Residential Plan Level Roof 06/08/08 DA2 2.14(P8) DA Stage 2 Residential Lobby Plan 06/08/08 DA2 3.00(P8) DA Stage 2 Residential Section AA 06/08/08 DA2 3.01(P8) DA Stage 2 Residential Section BB 06/08/08 DA2 4.00(P8) DA Stage 2 Residential West Elevation 28/07/08 DA2 4.01(P8) DA Stage 2 Residential North Elevation 28/07/08



DA2 4.02(P8) DA Stage 2 Residential East Elevation 28/07/08 DA2 4.03(P8) DA Stage 2 Residential South Elevation 28/07/08 DA2(P8) DA Stage 2 Residential External Finishes 28/07/08 DA-L-01(F) Level 5 Roof Garden Landscape Concept 29/07/08 DA-L-02(D) Level 5 Roof Garden Sections 04/06/08 DAH-111(04) Level 3 Retail Stormwater Drainage Plan 12/12/07 DAH-112(04) Level 4 Retail Stormwater Drainage Plan 12/12/07

2. All aspects of the building design shall comply with the applicable performance

requirements of the Building Code of Australia so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the on-going benefit of the community. Compliance with the performance requirements can only be achieved by:

(a) complying with the deemed to satisfy provisions, or (b) formulating an alternative solution which:

• complies with the performance requirements, or • is shown to be at least equivalent to the deemed to satisfy provision,

or

(c) a combination of (a) and (b).

It is the owner’s responsibility to place on display, in a prominent position within the building at all times, a copy of the latest fire safety schedule and fire safety certificate/ statement for the building.

3. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

a) A Construction Certificate is to be obtained in accordance with Section

81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be

notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

c) Council is to be notified at least two (2) days prior to the intention to

commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

4. The applicant may apply to the Council or an accredited certifier for the issuing

of a Construction Certificate and to Council or an accredited certifier to



monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

5. 619 (which includes 41 allocated commercial spaces) off-street car spaces shall

be provided within Levels 3 and 4 in accordance with the submitted plans, 233 spaces of which will be allocated to apartments within residential Buildings ‘B’ and ‘F’. All car spaces are to be line marked and are to achieve the dimensions required under AS NZS 2890.1-2004 Parking Facilities – Off-Street Car Parking.

6. A total of 40 off-street parking spaces shared between Levels 3 and 4, and

located in areas of easy access to passenger lift cores and residential lobby areas, are to be wide-bay spaces for people with a disability. The width of these spaces is to be a minimum of 3.66 metres.

7. Pedestrian access must be provided in accordance with Part D3 of the Building

Code of Australia and the standards set out in AS 1428 (Parts 1 and 2). 8. Works shall not encroach onto or over adjoining properties, including retaining

walls, fill material or other similar works unless in accordance with agreement reached with adjoining owners.

9. The roof material is to be finished in a non reflective surface. 10. All heavy vehicle turn paths into and out of the loading areas must be in

accordance with AS 2890.2 – 2002. 11. The development is to be carried out in compliance with BASIX Certificate No.

212629M dated 27 August 2008. 12. Any architectural and/or fixture changes to the development will require the

submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act.

13. Public areas must be maintained in a safe condition at all times. Restoration of

disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.



14. An annual Fire Safety Statement (form 15A under s.177 of the Environmental Planning and Assessment Regulation 1994) must be given to Council and the NSW Fire Brigade commencing within 12 months after the date on which Council receives the initial Fire Safety Certificate.

15. The applicant is advised that any erection of signs on advertising structures not

indicated on the development consent plans requires the submission of a new development application to Council.

16. Advice should be obtained from your local telecommunications office regarding

any telephone lines required to be installed in concrete floors.

17. Approval for the site and size of proposed household mailboxes must be obtained from Australia Post.

18. Road traffic noise – The residential flat building(s) must be designed and

constructed so that road traffic noise levels inside the building(s) comply with the satisfactorily design sound levels recommended in Australian/New Zealand Standard AS/NZS 2107: 2000 Acoustics – Recommended design sound levels and reverberation times for building interiors, when the windows and doors are closed.

19. Mechanical ventilation of rooms - If the noise level with windows and doors

open exceeds the above noise criteria by more than 10dBA, an approved system of mechanical ventilation must be provided so that the building occupants can leave the windows and doors closed.

20. Pool plant – The swimming pool must be provided with an effective water

circulation system, filter and automatic disinfection dosing system. 21. Dressing rooms - Adequate dressing room accommodation, including toilets

and shower facilities must be provided adjacent to the pool area. 22. Drainage of carwash bay - The floor of the carwash bay must be graded and

drained to a grated drain or collection sump located within the wash bay and connected to a wastewater treatment and disposal system approved by Sydney Water Corporation.

23. Construction of garbage rooms - All garbage rooms must be constructed in

accordance with the following requirements:

(a) The room must be of adequate dimensions to accommodate all waste containers, and any compaction equipment installed, and allow easy access to the containers and equipment for users and servicing purposes;

(b) The floor must be constructed of concrete finished to a smooth even



surface, coved to a 25mm radius at the intersections with the walls and any exposed plinths, and graded to a floor waste connected to the sewerage system;

(c) The floor waste must be provided with a fixed screen in accordance with

the requirements of Sydney Water Corporation;

(d) The walls must be constructed of brick, concrete blocks or similar solid material cement rendered to a smooth even surface and painted with a light coloured washable paint;

(e) The ceiling must be constructed of a rigid, smooth-faced, non-absorbent

material and painted with a light coloured washable paint;

(f) The doors must be of adequate dimensions to allow easy access for servicing purposes and must be finished on the internal face with a smooth-faced impervious material;

(g) Any fixed equipment must be located clear of the walls and supported on a

concrete plinth at least 75mm high or non-corrosive metal legs at least 150mm high;

(h) The room must be provided with adequate natural ventilation direct to the

outside air or an approved system of mechanical ventilation;

(i) The room must be provided with adequate artificial lighting; and

(j) A hose cock must be provided in or adjacent to the room to facilitate cleaning.

24. Construction of garbage chutes - The garbage chutes must be designed and

constructed in accordance with the following requirements:

(a) The chute must be constructed of non-corrosive metal at least 500mm in diameter, with no bends or off-sets and all internal joints and seams finished to a smooth even surface to allow the free flow of garbage through the chute;

(b) Chute branches to charging devices must not exceed one (1) metre in

length and must be angled to allow the free flow of garbage into the chute;

(c) The chute must terminate in the garbage room and discharge the garbage directly into a waste container or garbage compactor in such a way that no spillage occurs;

(d) A suitable cut-off device must be provided at or near the base of the chute



to effectively close off the chute while the waste containers are being serviced or the compaction equipment is being maintained;

(e) The chute must be ventilated so that air does not flow from the chute

through any service opening and the flow of air through the chute does not impede the downward movement of garbage; and

(f) The vent at the top of the chute must extend above the roof level and be

fitted a weather-proof cowl and wire mesh screen to prevent the entry of rainwater and birds;

25. Charging devices - The charging devices must:

(a) be designed to effectively close off the service opening in the chute when the device is opened for loading;

(b) automatically return to the closed position after use; (c) permit free flow of garbage into the chute; and (d) be designed and constructed to permit easy cleaning of the device and the

connection between the service opening and the chute. 26. Service openings - The service openings must:

(a) be located in a separate service compartment; (b) be fitted with an approved charging device; (c) be between one (1) metre and one and a half (1.5) metres above floor

level; and (d) have a cross-sectional area not more than half that of the garbage chute.

27. Service compartments - The service compartments must:

(a) have floors and walls finished with smooth even impervious materials that are coved to a 25mm radius at the floor junctions;

(b) be provided with an approved system of mechanical ventilation and adequate artificial lighting; and

(c) include adequate space and facilities for the reception of recyclable materials.

28. Cleaning and maintenance - Suitable facilities must be provided for the

cleaning and maintenance of all garbage chutes, chute branches and charging devices.

29. Waste collection point - The waste collection point must be located in an

approved position that is convenient for servicing.



30. Access for waste collection vehicles - Safe easy access must be provided for waste collection vehicles to service the waste containers. The driveways and manoeuvring areas must be designed for maximum legal dimensions and weights and allow collection vehicles to enter and leave the premises in a forward direction. Additional clearances must be provided for overhead and side loading where appropriate.

31. Ventilation of rooms - Every habitable room, sanitary compartment or other room occupied by a person for any purpose must be provided with adequate natural ventilation or an approved system of mechanical ventilation.

32. Ventilation of car park - The car park must be provided with an adequate

system of permanent natural ventilation or an approved system of mechanical ventilation.

33. Fresh air intake vents - All fresh air intake vents must be located in a position

that is free from contamination and at least 6 metres from any exhaust air discharge vent or cooling tower discharge.

34. Exhaust air discharge vents - All exhaust air discharge vents must be

designed and located so that no nuisance or danger to health will be created. 35. Regulated systems - All air-handling and water systems regulated under the

Public Health Act 1991 must be installed, operated and maintained in accordance with the requirements of the Public Health (Microbial Control) Regulation 2000.

36. Access for maintenance purposes - Safe easy access must be provided for

the inspection and maintenance of all plant, equipment and components covered by Australian/New Zealand Standard AS/NZS 3666.2: 2002 Air-handling and water systems of buildings - Microbial control - Operation and maintenance.

37. Registration of water-cooling and warm water systems - All water-cooling

and warm water systems (including thermostatic mixing valves) regulated under the Public Health Act 1991 must be registered with Council’s Environmental Health Unit within one (1) month of installation.

Registration forms may be obtained from Council’s Customer Service Centre on Tel. 9952 8222.

38. Plumbing and drainage work - All plumbing and drainage work must be

carried out in accordance with the requirements of Sydney Water Corporation. 39. Should you wish to vary the information provided in the Waste Management



Plan you submitted to Council with your Development Application involving demolition and construction works, you are required to give written advice to Council of any changes.

Council’s DCP 2006, Part 7.2 – Waste Minimisation and Management, sets out your obligations for waste management.

40. All external glazing having a maximum reflectivity of 20%. 41. Landscaping of the Podium Level is to comply with the following soil depth

criteria within appropriately sized planter boxes:

• Large trees such as figs (canopy diameter of up to 16m at maturity) minimum soil volume 150m³ - minimum soil depth 1.3m - minimum soil area 10m x 10m area or equivalent.

• Medium trees (8.0m canopy diameter at maturity) - minimum soil volume 35m³ - minimum soil depth 1.0m - approximate soil area 6.0m x 6.0m or equivalent.

• Small trees (4.0m canopy diameter at maturity) - minimum soil volume 9.0m³ - minimum soil depth 800mm - approximate soil area 3.5m x 3.5m or equivalent.

• Shrubs - minimum soil depths 500 -600mm. • Ground cover - minimum soil depths 300 - 450mm. • Turf - minimum soil depths 100 - 300mm. • Any subsurface drainage requirements are in addition to the minimum soil

depths quoted above. 42. Storage is to be provided for the development in accordance with the

requirements of State Environmental Planning Policy No. 65 and the Residential Flat design Code.

43. Design and Construction Standards. To ensure the development will be

completed satisfactorily, all engineering designs and construction shall be carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions in this consent.

44. Service Alterations. To protect existing public utility services, all public utilities

which require adjustments shall be approved by the relevant public authority and all costs associated with the adjustments are to be borne by the applicant. Written approval and signed off at completion from the relevant Public Authority shall be submitted to Council.

45. Restoration. To ensure public areas will be safely maintained at all times and



all disturbed areas satisfactorily restored. All restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council subject to the lodgement of a Road Opening Permit application to Council with payment of appropriate fees, prior to commencement of works. Repairs of any damaged public infrastructure including the removal and replacement of redundant vehicular crossings with kerb and gutter will be carried out by Council following receipt of payment for the works.

46. Road Opening Permit. To ensure all works within the public road reserve will

completed and restored satisfactorily to the satisfaction of Council, the applicant shall apply for a Road Opening permit where a new pipeline or services is proposed to be constructed within or across the footpath and/or where there are connections proposed to public utility services (e.g. telephone, electricity, sewer, water or gas) within the road reserve. No works shall be carried out on the road reserve without this permit being paid and a copy kept on the site.

SECTION 2: PRIOR TO CONSTRUCTION CERTIFICATE

47. In order to ensure the continued provision of adequate on-site car parking for

the shopping centre during the demolition and construction phase of the development (if the shopping centre is operational at the time), a Traffic Management Plan is to be prepared by centre management in consultation with a qualified traffic engineer, and submitted to Council prior to the issue of a Construction Certificate, which will detail the location and sequencing of onsite car parking and how any relocating of existing car parking and its sequencing will be managed.

48. Documentary evidence of payment of the Long Service Levy under Section 34

of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

49. An Enforcement levy is to be paid to Council on lodgement of the

Construction Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

50. Any hot water system installed as part of the development must achieve a

minimum 3.5 Star Greenhouse Score. The energy rating of the hot water system should be visible on the product at the place of purchase. The location and rating of any new hot water system is to be reflected on the plans submitted with the Construction Certificate.

51. The ceiling/roof area and walls must be fitted with insulation. Ceiling/roof

insulation must be rated R3.0 or equivalent and wall insulation must have an R1.5 or equivalent rating. Insulation of brick cavity walls is not required. Details



are to be noted on the plans submitted with the Construction Certificate. 52. Water Efficient Fixtures - Showerheads and toilet cisterns shall be at least

AAA rated water efficient. Bathroom and kitchen taps shall be fitted with aerators and water closets shall have a dual flush cistern. Details are to be noted on the plans submitted with the Construction Certificate.

53. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building, Development and Plumbing section of the website at www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance. Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it may take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design. A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development / release of the plan of subdivision.

54. A "Fire Safety Schedule" specifying the fire safety measures that are currently

implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 - Environmental Planning & Assessment Regulation 2000 are to be submitted and approved prior to the issue of the Construction Certificate.

55. The applicant is to submit to and have approved by Council or an accredited

certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

56. The details of any mechanical ventilation or air conditioning must be certified by

a competent person to comply with the Building Code of Australia and relevant Australian Standards, to the satisfaction of the Principal Certifying Authority prior to commencement of any mechanical services work.

To enable certification, the mechanical ventilation documentation prescribed

below must be submitted to the Principal Certifying Authority:

a) Certified plans (in duplicate), coloured so as to adequately distinguish the proposed alterations;



b) A general description of the project plus mechanical ventilation drawings

and documentation in duplicate, coloured to show ductwork and equipment as set out below. (Where appropriate a schematic drawing should also be submitted).

i) Supply Air Ducts, Shafts and Fans - Blue ii) Return Air Ducts, Shafts and Fans - Pink iii) Outside Air Ducts, Shafts, Intakes and Stair Pressurisation - Green iv) Exhaust Air Ducts, Shafts, Fans, Discharges and Smoke Spill -

Orange v) Mixing Boxes and Conditions - Yellow vi) Fire Dampers and Electric Heaters – Red

c) Drawings which show where applicable the existing and proposed air intakes, air discharges and cooling towers and their relative position to each other, the boundaries of the site, openable windows, and adjoining buildings;

d) A Mechanical Ventilation Design Certificate pursuant to Section 93 of the

Local Government Act 1993 in the form of Attachment M1, together with the Curriculum Vitae of the Design Engineer or other appropriate Certifier must be submitted to Principal Certifying Authority (PCA). A copy of the Certificate and a set of the certified drawings must be submitted to Council;

e) Documentary evidence in support of requests for departure from the

prescribed or deemed provisions of the Building Code of Australia or any other requirements.

57. Prior to a Construction Certificate being issued with respect to this

development, the Principal Certifying Authority (PCA) is to be provided with a written Design Verification from a qualified designer. The statement must include verification from the designer that the plans and specifications achieve or improve the design quality of the development to which this consent relates, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development. This condition is imposed in accordance with Clause 143A of the Environmental Planning and Assessment Regulation 2000.

58. A "Fire Safety Schedule" specifying the fire safety measures that are currently

implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 - Environmental Planning & Assessment Regulation 2000 are to be submitted and approved prior to the issue of the Construction Certificate.



59. The Construction Certificate plans and specifications are to detail all of the 'CC plan' commitments of the BASIX Certificate.

60. Acoustical assessment report - A report from a qualified acoustical consultant

detailing the measures required to comply with the relevant noise criteria must be submitted to Council or an accredited private certifier with the application for the Construction Certificate.

61. Garbage storage details - Details of the proposed garbage room or storage

area must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include:

(a) the specifications and layout of all proposed waste containers and equipment; and

(b) the access to the collection point. 62. Garbage chute details - Details of the proposed garbage chute system must

be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate.

63. Waste collection point details - Details of the proposed waste collection point

must be submitted to and approved by Council before the issue of a Construction Certificate.

64. Access details for waste collection vehicles - Details of all driveways and

manoeuvring areas for waste collection vehicles must be submitted to and approved by Council before the issue of a Construction Certificate. Such details must include:

(a) vehicle turning circles and swept paths; and (b) overhead and side clearances (where appropriate).

65. Carpark ventilation details - Details of the proposed method of ventilating the

basement carpark must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate.

66. Mechanical ventilation details - Details of all proposed mechanical ventilation

systems, and alterations to any existing systems, must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include: (a) Certified plans of the proposed work, with any alterations coloured to

distinguish between new and existing work; (b) A site survey plan showing the location of all proposed air intakes and

exhaust outlets on the site, and any existing cooling towers, air intakes, exhaust outlets and natural ventilation openings in the vicinity;



(c) A completed Mechanical Services Design Certificate (Form M1), together with a copy of the certifier’s curriculum vitae; and

(d) Documentary evidence in support of any departures from the deemed-to-satisfy provisions of the Building Code of Australia.

67. Noise and vibration from plant and equipment - Unless otherwise provided

in this consent, the operation of any plant or equipment installed on the premises must not cause:

(a) The emission of noise that exceeds the background noise level by more than 5dBA when measured at, or computed for, the most affected point, on or within the boundary of the most affected receiver. Modifying factor corrections must be applied for tonal, impulsive, low frequency or intermittent noise in accordance with the New South Wales Industrial Noise Policy (EPA, 2000).

(b) An internal noise level in any adjoining occupancy that exceeds the recommended design sound levels specified in Australian/New Zealand Standard AS/NZS 2107:2000 Acoustics – Recommended design sound levels and reverberation times for building interiors.

(c) The transmission of vibration to any place of different occupancy. 68. Acoustical consultant’s report – A report from a qualified acoustical

consultant detailing the measures required to comply with the relevant noise and vibration criteria must be submitted to Council or an accredited private certifier with the application for the Construction Certificate.

69. Positive Covenant Security Bond. To ensure a Positive Covenant for

maintenance of the OSD system will be prepared and registered on the titles of the subject property a drainage security bond of $5,000 shall be lodged with Council. Refund of this security deposit will be made upon submission of evidence to Council confirming that a Positive Covenant has been registered the Lands and Property Information Office and certification from the Principal Certifying Authority confirming that the On-site detention works have been completed satisfactorily.

70. Site stormwater system. To ensure satisfactory stormwater disposal and

minimise downstream stormwater impacts, stormwater runoff from all impervious areas of the site shall be collected and piped by gravity flow to Council’s drainage system. Accordingly, stormwater drainage plans prepared by a chartered civil engineer with NPER registration in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management are to be submitted to and approved by the Principal Certifying Authority.

71. Pump System. Where a pump-out system is proposed to drain the basement,

the wet well and pumps shall be designed and constructed in accordance with



section 7.3 of Australian Standards AS 3500.3. The pumps shall be dual submersible and shall be sized and constructed in accordance with section 7.3 of AS 3500.3.

Direct connection of the pumps rising main into the kerb will not be permitted. The rising main is to be connected to the on site detention tank where possible or to a silting pit prior to discharging via gravity to the kerb and gutter.

Additionally, the pump well shall be designed to ensure it has adequate volume to

store the 1 in 100 year Average Recurrence Interval 3 hour storm duration runoff generated from the pump catchment in the event of pump failure. A detailed drainage design by a qualified and experienced Civil Engineer is to be submitted to and approved by the Principal Certifying Authority. The tank volume is to be determined using the ILSAX drainage program or its equivalent. The rational method is not permitted.

72. Internal Car Parking. To ensure safe and satisfactory access to the proposed

development all internal driveways, vehicle turning areas, garage opening widths, headroom clearance, parking spaces dimensions and gradients shall be designed and constructed in accordance with Australian Standards AS 2890.1-2004 & AS 2890.2-2002 where applicable. The design shall ensure all vehicles using the site can enter and exit in a forward direction.

Revised architectural and engineering plans demonstrating compliance with the

above requirements are to be submitted with the Construction Certificate application.

SECTION 3: PRIOR TO COMMENCEMENT

73. In issuing this approval, Council has relied on the information provided by you

about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works.

74. All car park lighting is to be designed, installed and maintained to Australian

Standard AS1680.2.1 - 1993: Interior Lighting Circulation Spaces and Other General Areas. To this effect, columns and other vertical structures (including columns) should be predominantly painted white.

75. The lighting of pedestrian pathways within the development shall be designed,

installed and maintained to Australian Standard AS1158.3.1 – 1999: Road Lighting Pedestrian Area (Category P) Performance and Installation Design Requirements. Areas besides thoroughfares should be evenly lit to avoid concealment or entrapment opportunities. The same is applicable to public



clotheslines, communal courtyards and letterbox areas. 76. Where security lighting is provided within the development, it should not

illuminate observers or vantage points. Light should be projected outwards towards pathways and gates, not towards windows and doors. Passing motorists, police and pedestrians will be the likely observers.

77. Pathways around the development should ideally be 3 metres wide to facilitate

psychologically comfortable pedestrian traffic and encourage more pedestrian use and making them safer for users.

78. Any surveillance equipment installed is to utilise digital or video technology to

record images from the cameras. Cameras are to be installed in and around the car parking area and lobby entrances to maximise surveillance opportunities. Any surveillance system should be manufactured and installed by a qualified/reputable installer and regularly function tested. If surveillance equipment is installed, it should meet the requirements of the Privacy legislation.

79. All Podium Level surfaces are to be treated with anti-graffiti coating to minimise

the potential of defacement. In addition, any graffiti evident on the exterior facades and visible from a public place is to be removed immediately.

SECTION 4: DURING CONSTRUCTION

80. The occasions on which building work must be inspected are:

a) at the commencement of the building work, and b) prior to covering any stormwater drainage connections, and c) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request. Prior to occupation of the building, an occupation certificate must be obtained. Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

81. In addition to the above stated inspections, the Principal Certifying Authority is required to ensure that adequate provisions are made for the following



measures at each stage of construction, to ensure compliance with the approval and City of Ryde's DCP 2006, Part 8.1 - “Construction Activities”:

a. Security fencing. b. Materials or waste containers upon the footway or road. c. PCA and principal contractor (the coordinator of the building work) signage

and site toilets.

82. Council recommends that a Registered Surveyors check survey certificate be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages:

a) Prior to construction of the first completed floor/floor slab showing the area

of the land, proposed building and the boundary setbacks. b) Prior to construction of the first completed floor/floor slab showing the area

of the land, proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels.

c) Prior to construction of each floor level showing the area of the land, proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels.

d) On completion of the proposed building showing the area of the land, completed building and the boundary setbacks.

83. Only unpolluted water is to be discharged to Council’s stormwater drainage

system. 84. The L10 noise level measured for a period of not less than 15 minutes while

demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

85. No spoil, stockpiles, building or demolition material is to be placed on any public

road, footpath, park or Council owned land. 86. Site toilets shall be provided in accordance with the WorkCover Code of

Practice entitled “Amenities for Construction Work”. 87. Essential services must be provided within the development to the requirements

of the Building Code of Australia, the Environmental Planning and Assessment Act 1979 (as amended) and Regulations.

88. Exit signs with directional arrows where necessary, must be provided in

accordance with E4.5, E4.6 and E4.8 of the Building Code of Australia. 89. For all doors serving as required exits or forming part of a required exit, and any

door, shutter, grille or the like which is installed in a path of travel to a required



exit, any proposed electronic locks must comply with the following:

a) The electronic locking device must be power energised to the locking mode and must be deactivated to release upon direct or response power termination to the device to enable the door to be opened by single handed action in the direction of egress;

b) The smoke detectors must be provided on both sides of the security door,

1500mm from the centre of the door in the position described in Clause 5.7.5 of AS 1905.1 (1990);

c) The locking device must consist of an approved electronic door interlock

system such that in the event of fire being detected by the building's sprinkler system and smoke/thermal alarm system (including smoke detectors required in the mechanical ventilation system by AS 1668 (1991)), the locking system will be deactivated to release by the termination of power to enable the door to be opened by single-handed action in the direction of egress;

d) An emergency switch/button, not contained in a protective enclosure, must

be provided in a conspicuous position in the lift lobby area adjacent to the subject door.

The switch/button must be available to deactivate the locking system by power termination in an emergency. A sign must be provided to the satisfaction of the Principal Certifying Authority (PCA) (Council or a private accredited certifier) adjacent to the switch/button indicating its purpose;

e) Suitable directional exit signs must be provided to the satisfaction of the

PCA (Council or a private accredited certifier); f) Upon completion of work and prior to the operation of the security-locking

device and to the occupation of the subject tenancy, a Fire Safety Statement (Form 15 Certificate under the Environmental Planning and Assessment Regulation 1994) must be furnished to the Principal Certifying Authority (PCA). A copy of the Certificate must be submitted to Council if it was not the PCA.

90. Services passing through a floor must either be in shafts complying with

specification C1.1 or protected in accordance with C3.14 of the Building Code of Australia.

91. The efficient coverage and operation of any sprinkler system must not be

impaired by the partitioning layout and/or the efficient coverage and operation of any fire and smoke detection system must not be impaired.



92. The efficient coverage and operation of the fire hose and access to the fire hydrant service must not be impaired.

93. The efficient operation and performance of any mechanical ventilation, air

pressurisation or other smoke control system must not be impaired. Adequate relief/transfer air openings must be provided to ensure the performance of systems during fire and non-fire conditions is not impaired.

94. The premises must be ventilated in accordance with the requirements of the

Building Code of Australia. 95. Glass doors and fixed panels so located in relation to other parts of the building

as to be capable of being mistaken as a doorway of unimpeded path or travel shall be provided with a Grade “A” Safety Glazing in accordance with AS 2208, Safety Glazing Materials for use in buildings (Human Impact Consideration). All other glazing shall be installed in accordance with Table 1A Appendix “A” of AS 1288 Glass Installation Code.

96. Panels and doors in paths of travel shall be provided with a midrail, motifs or

other approved permanent means of making the panels clearly distinguishable. Safety glass installations that are not carrying permanent safety glass markings in accordance with AS 2208, Safety Glazing Materials for Use in Buildings, shall be either legibly labelled, or a certificate furnished to Council or an accredited certifier and in each case the following information shall be given:

a) Distributor’s or installer’s name. b) Details of the original panel from which the piece was cut.

The original sheet bore permanent “safety glass” markings in accordance with AS 2208.

97. The building shall be constructed to comply with Part F5 of the Building Code of

Australia (Noise Transmission and Insulation). 98. 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 BCA

Balustrades shall prevent as far as practicable:

a) children climbing over or through it;



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 the BCA Clause D2.16, AS 1170 Part 1. Height above nosings of stair treads, landing, corridors and the like shall generally be not less than 865mm, except in the case of particular locations and specific classes of buildings. Applicants shall check building regulations and ensure compliance.

99. Suitable handrails shall be provided where necessary to assist and provide

stability to persons using the ramp or stairways, located and designed in accordance with the BCA Clause D2.17.

100. Bollards/approved barriers shall be provided adjacent to egress doors and paths

of travel that are likely to be obstructed by vehicles, plant or equipment associated with the use of the premises. BCA Clause D1.10.

101. Sanitary facilities for people with disabilities shall be provided in accordance

with Clause F2.4 Table F2.4 of the BCA and to the standards set out in AS 1428.1.

102. Access for disabled people shall be provided in the building or portion of the

building in accordance with the BCA and to the standards set out in AS 1428.1. 103. Disabled access is to be provided to and within the development in accordance

with the recommendations contained within the Access Review prepared by Access Design Solutions and dated 28 July 2008 or as amended by any subsequent access reports prepared. Prior to occupation of the development, a suitably qualified access consultant is to certify that the development complies with Australian Standard 1428 and the Building Code of Australia.

104. Materials used in the building including floor coverings, shall comply with the

requirements of Part C1 of the BCA, with regard to restrictions concerning early fire hazard properties of materials, spread of smoke and flame.

105. An emergency lighting system shall be installed in the building to:

a) fire isolated stairways; b) fire isolated ramps; c) fire isolated passageways; d) passageways, corridors, hallways or the like that is part of the path of

travel to an exit; e) required non-fire isolated stairs; f) all storeys, rooms and spaces having prescribed floor areas; and g) required fire control centre. BCA Clause E4.2.



106. Illuminated exit signs shall be installed in the building above or adjacent to:

a) door providing direct egress from a storey to a required exit; b) door from an enclosed stairway, passageway or ramp at every level of

discharge to a road or open space; c) horizontal exit; and d) door serving as, or forming part of a required exit in a storey required to be

provided with emergency lighting. 107. Design and installation of exit signs shall comply with AS 2293.1 and the

following:

a) Exit signs shall be clearly visible to persons approaching the exit and shall be circuit sensing to the general lighting circuit.

b) Exit signs shall be green with white lettering and installed to operate continuously in the event of a power failure. BCA Clause E4.5 and E4.8. Additional exit signs shall be installed in appropriate positions in corridors, hallways, lobbies, foyers and the like indicating the direction to a required exit. BCA Clause E4.6 (NSW).

108. Design and installation of emergency lighting system and illuminated exit signs

shall comply with AS 2293.1 and clauses E4.2 and E4.5 of the Building Code of Australia.

109. The space below a flight of stairs of a required fire isolated stairway if such

space is within the fire-isolated shaft, shall not be enclosed to form a cupboard or similar enclosed space. BCA Clause D2.8.

110. A warning sign stating “DO NOT USE LIFTS IF THERE IS A FIRE” conforming

with the details and dimensions of Figure E3.3 of the BCA shall be displayed in a conspicuous position near every call button for all lifts throughout the building. Such warning sign shall consist of:

a) incised, inlaid or embossed letters on a metal, wood, plastic or similar plate

securely and permanently attached to the wall; or b) letter incised or inlaid directly into the surface of the material forming the

wall. BCA Clause E3.3, Figure E3.3. 111. A notice shall be displayed in a conspicuous position adjacent to each doorway

providing access to:

a) Fire - isolated stairway b) Fire - isolated passageway c) Fire - isolated ramp



as or forming part of a required exit in or to the effect as follows: NOTICE - OFFENCES RELATING TO FIRE EXITS By virtue of the regulations under the Environmental Planning and Assessment Act 1979, it is an offence:

a) to place anything in this exit that may impede the free passage of persons, or

b) to interfere with, or cause obstruction or impediment to, the operation of the doors providing access to this exit, or

c) to remove, damage or otherwise interfere with this notice. Note: The words “OFFENCE RELATING TO FIRE EXITS” should be in

letters of a height of 8mm or more. The remaining words in the notice should be in letters and figures of a height of 2.5mm or more.

By virtue of Clause 183 of the Environmental Planning and Assessment Regulation 2000, it is an offence:

a) to place anything in this exit which may impede the free passage of person;

b) to interface with our cause, obstruction or impediment to the normal operation of the doors providing access to this exit; or

c) to remove, damage or otherwise interfere with this notice. 112. Portable fire extinguishers shall be installed in the building or portions of the

building, compatible to the hazard/s posed by equipment or functions associated with the use of the building.

113. Installation and maintenance of fire extinguishers shall comply with Australian Standard 2444 BCA Clause E1.6.

114. Hose reels shall be installed in the building located not more than 4m from a

required exit on each floor of the building and adjacent to any hydrant required within the building. Hose reels shall not be installed in fire isolated exits or where the fire hose will need to pass through a doorway fitted with fire or smoke doors. The nozzle end of a fully extended hose reel when laid to avoid partitions and other barriers shall reach every part of the floor served by the hose reel on that floor. BCA Clause #1.4, Australian Standard 2441.

115. Hydrants shall be designed and installed in the building/s and or on site in

accordance with the BCA Clause E1.3 and Australian Standard 2419.1 and so located that:



a) INTERNAL HYDRANTS:

Internal hydrants shall be located in positions that are accessible to fire fighting personnel as follows: i) within each required fire-isolated exit; ii) within the tenanted space and within 4m of a require non-fire isolated

exit; iii) at a position whereby any point on a floor of a building is within reach of

a 10m hose stream issuing from a nozzle at the end of a 30m length of hose connected to the hydrant outlet.

NOTE: After erection, the location of storage racking and stored goods may restrict the passage of hose through areas of the building.

b) EXTERNAL HYDRANTS: External hydrants shall be located so that: ii) they are accessible to fire brigade personnel;

ii) they are not less than 10m from a wall of a building, although Council

may permit the hydrants to be mounted closer to the wall where site conditions so dictate; and

iii) they are not obstructed by parking or loading and unloading of vehicles. Where necessary, external hydrants shall be protected from mechanical damage. In any case, hydrants shall not be mounted on external walls which have a fire resistance rating less than FRL 90/90/90. Where a hydrant is permitted to be mounted on an external wall, the hydrant shall be located so that the FRL 90/90/90 wall extends not less than 2m on each side of the hydrant and whichever is the lesser, 3m from ground level or the height of the wall. Hydrants that are installed by water supply authorities on street mains may be considered as external hydrants, provided that such hydrants comply with the requirements for flow and pressure given in AS 2419.

116. An electrical, electronic, plumbing, mechanical ventilation, air conditioning or

other service that penetrates a building element (other than an external wall or roof) that is required to have a Fire Resistance Level or a resistance to the



incipient spread of fire, shall be installed so that the fire resistance performance of the building element is not impaired. BCA Clause C3.14 and C3.15.

117. The means of egress is to comply with the provisions of Part D of the Building

Code of Australia. 118. Construction requirements - All acoustical treatments nominated in the

acoustical assessment report and any related project documentation must be implemented during construction.

119. Noise control measures - All noise and vibration control measures nominated

in the acoustical consultant’s report and any related project documentation must be implemented.

120. Screening is to be provided to the corners of all balconies located within 5.0m of

the corner of a building to mitigate high wind conditions. All screening is to be consistent in design and material to the options provided for a Coastal Apartment Building as illustrated in the Residential Flat Design Pattern Book.

121. The rainwater tank(s) is to be:

• erected in the approved location on the property in accordance with the stamped-approved site plans for the development,

• structurally sound and constructed in accordance with AS/NZS 3500 1.2-1998: National Plumbing and Drainage - Water Supply - Acceptable Solutions,

• fully enclosed and all openings sealed to prevent access by mosquitoes, • fitted with a first flush device, • fitted with a trickle system to top up from mains water, provided with an air

gap, and • installed by a licensed plumber in accordance with Sydney Water’s

“Plumbing requirements Information for rainwater tank suppliers and plumbers April 2003” and the NSW Code of Practice: Plumbing and Drainage.

Additionally, the following are to be provided: • A back flow prevention device shall be provided at the water meter in

accordance with Sydney Water requirements. • The rainwater tank(s) and associated piping is to be labelled ‘Rainwater -

Not for Drinking’ in accordance with Sydney Water requirements. • The overflow for the rainwater tank is to be connected into the existing

stormwater disposal system on the site.

Before a rainwater tank(s) can be used, a certificate or suitable document is to be submitted to the Principal Certifying Authority stating that the rainwater tank



has been installed in accordance with: • the design specifications, and • Sydney Water and NSW Health requirements. This certificate or documentation is to be provided by the licensed plumber who installed the rainwater tank, or hydraulic engineer who can certify the system installation and is to be submitted prior to the issue of the Occupation Certificate.

SECTION 5: PRIOR TO OCCUPATION CERTIFICATE

122. An Occupation Certificate must be obtained from the Principal Certifying

Authority (PCA) and a copy furnished to Council in accordance with Clause 151 of the Environmental Planning and Assessment Regulation 2000 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.

123. A Fire Safety Certificate/s from a suitably qualified person/s is to be submitted to

Council or an accredited certifier (and Council, if Council is not the PCA or an accredited certifier) for all the essential services installed in the building in accordance with Clauses 170 and 171 of the Environmental Planning and Assessment Regulation 2000.

124. At all times, the swimming pool is to be surrounded by a child-resistant barrier

that:

• separates the swimming pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises, and

• is designed, constructed, installed and maintained in accordance with the standards prescribed by AS 1926 “Swimming Pool Safety”.

125. Provide resuscitation chart containing warning “YOUNG CHILDREN SHOULD

BE SUPERVISED WHEN USING THIS POOL” located in the immediate vicinity of the pool area so as to be visible from all areas of the pool.

126. Water depth markers are to be displayed at a prominent position within and at

each end of the swimming pool. 127. A plan for internal directional signage is to be prepared and implemented prior

to the occupation of the development. This signage should inform visitors to the site about the location of the carpark entries and exits, the entrance to each building, visitors parking and the like. The plan is to provide an indicative



location for all directional signage that will be erected within the site. The Plan is to be submitted to Council prior to occupation of the development for consultation with NSW Police.

128. The details of any future on-site site security service and monitoring are to be

submitted to Council prior to the occupation of the development for consultation with the NSW Police.

129. Prior to issue of an Occupation Certificate under Environmental Planning and

Assessment Act 1979 and following the completion, installation, and testing of all the mechanical ventilation systems covered by the approval, a Mechanical Ventilation Certificate of Completion and Performance in the form of Attachment M2 must be submitted to the Principal Certifying Authority (PCA) (the Council in this instance), with a set of the certified drawings.

130. Prior to the commencement of work, the following documentation must be

submitted to the satisfaction of the Principal Certifying Authority (PCA), (Council in this instance).

131. Prior to issue of an Occupation Certificate and/or use of the premises, a

Structural Inspection Certificate in the form of Attachment S1C must be submitted to the satisfaction of the Principal Certifying Authority (Council in this instance) with a set of the final certified drawings after:

i) The site has been periodically inspected and the Certifier is satisfied

that the Structural Works is deemed to comply with the final Design Drawings; and

ii) The drawings listed on the Inspection Certificate have been checked

with those listed on the final Design Certificate/s.

Notes:

(a) An appropriately qualified practising structural engineer certifying by completing Attachment S1 must have:

• Appropriate tertiary qualifications in Civil or Structural Engineering; AND • Corporate membership of the Institution of Engineers Australia or

equivalent; AND • Evidence of relevant experience in the form of a CV/Resume; • Appropriate current professional indemnity insurance.

(b) An appropriately qualified practising structural engineer certifying by

issuing a Form 10 Compliance Certificate must have accreditation as a certifier for Structural Engineering issued by the Institution of Engineers Australia in accordance with the Environmental Planning and Assessment



Act 1979. (c) Certification of Inspection/s is also required prior to issue of the

Occupation Certificate, and/or prior to use. See Schedule 1E Conditions.

(d) Council reserves the right to randomly audit any structural documentation. 132. Prior to the issue of the Occupation Certificate, the Principal Certifying Authority

is to ensure that the BASIX commitments have been implemented in accordance with the approved BASIX Certificate. NOTE: Certificates from suitably qualified persons are to be submitted to the Principal Certifying Authority (if Council is the PCA) verifying that all BASIX commitments listed have been fulfilled in accordance with the BASIX Certificate.

133. Prior to an Occupation Certificate being issued to authorise a person to

commence occupation or use of a residential flat building, the Principal Certifying Authority (PCA) is to be provided with design verification from a qualified designer. The statement must include verification from the qualified designer that the residential flat development achieves the design quality of the development as shown on plans and specifications in respect of any Construction Certificate issued, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development. This condition is imposed in accordance with Clause 154A of the Environmental Planning and Assessment Regulation 2000.

134. The applicant should submit to the Principal Certifying Authority (and Council if

Council is not the PCA) upon completion of the building and before the issue of an Occupation Certificate, a certificate from an accredited person certifying compliance with the requirements of Part C1 of the BCA.

135. The space below a flight of stairs of a required non-fire isolated stairway

(including an external stairway) shall not be enclosed to form a cupboard or enclosed space unless the enclosing walls and ceilings have a Fire Resistance Level of not less than 60/60/60 and any access doorway to the enclosed space is fitted with a self closing -/60/30 fire door. A certificate detailing and certifying the fire resistance levels provided shall be submitted to the Principal Certifying Authority (and Council if Council is not the PCA) prior to the issue of an Occupation Certificate for the building. BCA Clause D2.8.

136. Any electrical, electronic, plumbing, mechanical ventilation, air conditioning or

other service that penetrates a building element (other than an external wall or roof) that is required to have a Fire Resistance Level or a resistance to the incipient spread of fire, shall be installed so that the fire resistance performance of the building element is not impaired. BCA Clause C3.14 and C3.15.

137. On completion of the building and prior to the issue of an Occupation



Certificate, details and certification of the system/s provided in maintaining the fire resistance, performance of the building elements shall be submitted to the Principal Certifying Authority (and Council if Council is not the PCA).

138. The applicant is required to install an emergency warning and

intercommunication system in accordance with Part E4.9 of the Building Code of Australia and submit documentary evidence to the Principal Certifying Authority (and Council if Council is not the PCA) that the system is operational prior to an Occupation Certificate being issued.

139. The applicant is to provide and submit documentary evidence to the Principal

Certifying Authority (and Council if Council is not the PCA) that an inspection from the NSW Fire Brigade has been carried out prior to the issue of an Occupation Certificate.

140. Within 2 days of issuing a final Occupation Certificate, the Principal Certifying

Authority (PCA) is required to generate a BASIX Completion Receipt in accordance with the provisions of the EP & A Regulation 2000. The PCA is to refer to the BASIX Completion Receipt tool at www.basix.nsw.gov.au/administration/login.jsp in order to generate the BASIX Completion Receipt and a printed copy of the receipt is to be placed on the PCA file.

141. Compliance report - A report from a qualified acoustical consultant

demonstrating compliance with the relevant noise and vibration criteria must be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) before the issue of an Occupation Certificate.

142. Certification of mechanical ventilation work - A Mechanical Services

Completion and Performance Certificate (Form M2) must be submitted to the Principal Certifying Authority on completion and commissioning of all mechanical ventilation work approved under this consent and before the issue of an Occupation Certificate.

143. Provision of Garbage Services - Arrangements must be made with Council for

the provision of garbage services to the premises before occupation commences.

144. Indemnity - Where it is necessary for waste collection vehicles to enter the

property to service the waste containers, the property owner must indemnify Council and its contractor in writing against claims for any loss or damage to the pavement of the driveways and manoeuvring areas.

145. Compliance Certificates – Engineering. To ensure the development will be

completed in accordance with approved plans, current specifications and applicable Australian and Council’s standards the Principal Certifying Authority



shall ensure the following will be met.

• Compliance Certificate should be obtained from an accredited certifier Confirming that the constructed internal car park and associated drainage complies with AS 2890, the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Compliance Certificate should be obtained from an accredited certifier confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management

• Compliance Certificate should be obtained to confirm that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris.

• Compliance Certificate shall be obtained from Council confirming that all vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Compliance Certificate shall be obtained from Council confirming that all external works within the public road reserve including all restoration works have been completed to Council’s satisfaction

Please be advised that all Compliance Certificates issued by Council is subject to the payment of an inspection fee in accordance with Council’s schedule of fees if Council is not the appointed Principal Certifying Authority [PCA]

146. Work-as-Executed Plan. To ensure stormwater drainage works are completed

in accordance with approved plans, a Work-as-Executed plan for the site drainage system certified by a registered surveyor is to be submitted to the Principal certifying Authority and Council (If Council is not the appointed PCA) prior to issue of Occupation Certificate

The W.A.E plans is to note all departures clearly in red on a copy of the

approved Construction Certificate plans and certification from a qualified and experienced civil engineer should be submitted to support all variations from approved plan

147. On-Site Stormwater Detention System - Marker Plate. To ensure the

constructed On-site detention will not be modified, a marker plate is to be fixed to each on-site detention system constructed on the site. The plate construction, wordings and installation shall be in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management section 3.10. The plate may be purchased from Council's Customer Service Centre at Civic Centre, Devlin Street, RYDE



148. Positive Covenant, OSD. To ensure the constructed On-site detention system

will be maintained in operable condition a Positive Covenant under Section 88 E of the Conveyancing Act 1919, shall be created and registered on the subject land requiring the proprietor of the land to maintain the stormwater detention system on the property.

The terms of the 88 E instruments are to be generally in accordance with the

Council's draft terms for Maintenance of Stormwater Detention Systems as specified in City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management section 10.5 and to the satisfaction of Council.

SECTION 6: OPERATIONAL

149. The lighting of the premises shall be directed so as not to cause nuisance to the

owners or occupiers of adjacent/adjoining premises or to motorists on adjoining or nearby roads. All existing and proposed lights shall comply with the Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

150. All loading and unloading in relation to the use of the premises taking place

wholly within the property. 151. Loading areas are to be used for the loading and unloading of goods, materials

etc. only and no other purpose. 152. Offensive noise - The use of the premises must not cause the emission of

‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

153. Storage and disposal of wastes - All wastes generated on the premises must

be stored and disposed of in an environmentally acceptable manner. 154. Waste containers - An adequate number of suitable waste containers must be

kept on the premises for the storage of garbage and trade waste. 155. Recyclable wastes - Wastes for recycling must be stored in separate bins or

containers and be transported to a facility where the wastes will be recycled or re-used.

156. Transfer of recyclable materials to garbage room - Staff or contractors must

be employed to take the recyclable materials from the service compartments and sort the materials into the containers provided in the garbage room.



157. Transfer of waste containers to emptying point - Staff or contractors must be employed to take the waste containers from the garbage room to the container emptying point for servicing and to return the containers to the garbage room after servicing.

158. Disposal of liquid wastes - All liquid wastes generated on the premises must

be treated and discharged to the sewerage system in accordance with the requirements of Sydney Water Corporation or be transported to a liquid waste facility for recycling or disposal.

159. Trade waste permit - The applicant must contact the Wastewater Source

Control Branch of Sydney Water Corporation on Tel. 13 11 10 to determine whether a Trade Waste Permit is required before discharging any trade wastewater to the sewerage system.

160. Maintenance of waste storage areas - All waste storage areas must be

maintained in a clean and tidy condition at all times. 161. Pool Maintenance – The swimming pool must be maintained in a condition

suitable for bathing.

Note: Refer to the NSW Heath Swimming Pool Guidelines for relevant information on the appropriate swimming pool hygiene standards: � HYPERLINK "http://www.health.nsw.gov.au/pubs/2004/pdf/poolguidelines.pdf" �http://www.health.nsw.gov.au/pubs/2004/pdf/poolguidelines.pdf�.

162. Air pollution - The use of the premises, including any plant or equipment installed on the premises, must not cause the emission of smoke, soot, dust, solid particles, gases, fumes, vapours, mists, odours or other air impurities that are a nuisance or danger to health.

163. Council may require acoustical consultant’s report - Council may require

the owner to submit a report from an appropriately qualified acoustical consultant demonstrating compliance with the relevant noise and vibration criteria if complaints are received.

164. Clean water only to stormwater system - Only clean unpolluted water is

permitted to enter Council’s stormwater drainage system. 165. Cleaning wastes and spills - All cleaning wastes and spills must be collected

and disposed of in an environmentally acceptable manner. 166. Clean-up materials to be kept on premises - An adequate supply of suitable

clean up materials must be kept on the premises for cleaning up accidental spills.



167. Operation and maintenance of plant and equipment - The occupier must ensure that all plant and equipment installed on the premises is:

(a) maintained in a proper and efficient condition; and (b) operated in a proper and efficient manner.

168. Duty to notify pollution incidents - Pollution incidents causing or threatening

harm to the environment must be reported to Council as soon as practicable on Tel. 9952 8222.

169. The drying of, or hanging of, items on balconies or over balustrades is not

permitted and will be required to be addressed in the Strata Management Statement.

SECTION 7: RTA CONDITIONS

170. The residential flat building(s) must be designed and constructed so that road

traffic noise levels inside the building(s) comply with the satisfactory design sound levels recommended in Australian/New Zealand Standard AS/NZS 2107: 2000 Acoustics – Recommended design sound levels and reverberation times for building interiors, when the windows and doors are closed.

171. Off-street parking associated with the development Including driveways, grades,

aisle widths, aisle lengths, turning paths, sight distance requirements and parking bay dimensions) are to be designed in accordance with AS 2890.1-2004 and AS 2890.2-2002 for heavy vehicles.

(b) That those who made submissions be notified of Council’s decision. ATTACHMENTS 1 Plan of Submissions Received Report Prepared By: Tony Collier Consultant Town Planner Report Approved By: Liz Coad Manager Assessment Dominic Johnson Group Manager Environment & Planning

Committee of the Whole Page 118 ITEM 2 (continued) ATTACHMENT 1


Indicates submissions received (other submissions received outside map area)

Site



3 CRIME PREVENTION ADVISORY COMMITTEE MEMBERSHIP

Report prepared by: Manager - Community and Culture Report dated: 9/02/2009 File No.: COR2009/49 - D09/7394

Background At its meeting of 8 December 2008 Council resolved to form a Crime Prevention Advisory Committee with the following role:

• Facilitate a multi-faceted and coordinated approach to the development of crime prevention strategies to address identified crime issues in the Ryde Local Government Area.

• Facilitate the development of a Crime Prevention Policy and Action Plan by the end of 2009.

• Promote cooperation between Council, the community, government and non-government agencies in relation to crime issues.

As per the approved Terms of Reference the membership will include partner organisations in the area of crime prevention and councillors. However at the time of resolution no councillors were nominated to the membership of the Committee. Report The purpose of this report is to seek councillors’ nominations to the membership of the Crime Prevention Advisory Committee. The Terms of Reference as resolved by Council (ATTACHED) requires no less than one councillor appointed annually and one alternate councillor delegate to the Committee. Consultation Internal Workshops held:- • Nil City of Ryde Advisory Committees consulted included:- • Not applicable External public consultation included:- • Not applicable Critical Dates There are no critical dates or deadlines to be met. Management Plan Budget / Linkages Not applicable Relationship to Key Outcome Areas

People This matter has no direct relationship to this key outcome area.



Assets This matter has no direct relationship to this key outcome area.

Environment This matter has no direct relationship to this key outcome area.

Governance This matter has no direct relationship to this key outcome area.

Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. Policy Implications There are no policy implications through adoption of the recommendation. Conclusion To formalise the membership of the Crime Prevention Advisory Committee councillor nominations to the committee is sought. RECOMMENDATION: (a) That the report of the Manager - Community and Culture, dated 9 February

2009 on Crime Prevention Avisory Committee Membership, be received and noted.

(b) That Council nominate delegates to the Crime Prevention Advisory Committee ATTACHMENTS 1 TERMS OF REFERENCE CRIME PREVENTION ADVISORY

COMMITTEE 7 Pages

Report Prepared By: Baharak Sahebekhtiari Manager - Community and Culture Report Approved By: Louise Gee Group Manager - Community Life



4 ANNUAL LOCAL GOVERNMENT WOMEN'S ASSOCIATION CONFERENCE - Queanbeyan 19 - 22 March 2009

Report prepared by: Acting Manager Councillor Services Report dated: 10 February 2009 File No.: COR2009/49 - D09/7589

Report Summary To advise details of the Annual Conference of the Australian Local Government Women’s Association (ALGWA) NSW Branch to be held at Queanbeyan from 19 - 22 March 2009 and to recommend that up to 3 delegates from the City of Ryde attend. Background The 2008 ALGWA Conference was held at Rockdale between 2 – 5 April 2008 with four (4) Councillors and two (2) Council staff representing Council at this Conference. A letter dated 5 February 2009 from the ALGWA advising details of the conference is at ATTACHMENT 1. Report The conference is being held at Queanbeyan from Thursday 19 March to Sunday 22 March 2009. A copy of the conference program is at ATTACHMENT 1. The Conference is open to both males and females, including councillors and staff. Registration fees are as follows and include all costs of meals, including evening events: Financial Members - $500 (exc. GST) Non-members - $550 (exc. GST) The conference programme is yet to be finalised, however the theme is “Women in Leadership – the Roadmap”, and will highlight the issues that confront women in the public sector and politics in Australia, and to celebrate the achievements of these women. It is recommended that up to 3 delegates from the City of Ryde attend this conference. If 3 Councillor delegates are unable to attend, it is recommended that the General Manager appoint a staff member/s. Consultation Internal Council business units consulted included:- • General Manager’s Office Internal Workshops held:- • Not Applicable City of Ryde Advisory Committees consulted included:- • Not Applicable



External public consultation included:- • Not Applicable Critical Dates There are no critical deadlines to be met. Management Plan Budget / Linkages Conference expenses form part of the 2008/2009 Operational Budget for the Councillor Services Unit. Relationship to Key Outcome Areas

People This matter has no direct relationship to this key outcome area.

Assets This matter has no direct relationship to this key outcome area.

Environment This matter has no direct relationship to this key outcome area.

Governance This project meets the following key outcomes for Governance (set out on page 75 of the Management Plan 2008-2012):

G3 Review of best practice approaches on Governance to enhance the delivery of services to the community.

Attendance of delegates at the Conference provides opportunities for Councillors and staff to learn about best practice in the industry and increase personal learning and development. Financial Impact The total cost of sending 3 delegates, including travel expenses, is estimated to be approximately $2,000. Funds are available in the Councillor Services budget to meet this expense. Policy Implications There are no policy implications through adoption of the recommendation. Other Options Not applicable



Conclusion That three (3) delegates from the City of Ryde be approved to attend the 2009 Annual Conference of the Australian Local Government Women’s Association to be held at Queanbeyan 19 - 22 March 2009. RECOMMENDATION: (a) That the report of the Acting Manager Councillor Services, dated 10 February

2009 on the Annual Local Government Women's Association Conference - Queanbeyan between 19 - 22 March 2009, be received and noted.

(b) That three (3) delegates from the City of Ryde be approved to attend the 2009

Annual Conference of the Australian Local Government Women’s Association to be held at Queanbeyan between 19 - 22 March 2009.

(c) That interested Councillors be nominated to attend the Conference, and/or the

General Manager be authorised to appoint staff member delegates to attend. (d) That a report on the outcomes from the Conference be provided to Council by

one of the City of Ryde delegates following the Conference. ATTACHMENTS 1 Correspondence from Mayor Queanbeyan City Council regarding ALGWA

Conference 2009 Report Prepared By: Nichole McLachlan Acting Manager Councillor Services Report Approved By: Roy Newsome Group Manager - Corporate Services





















CONFIDENTIAL ITEMS

5 PROPERTY MATTER

Confidential This item is classified CONFIDENTIAL under Section 10A(2)(g) of the Local Government Act, 1993, which permits the meeting to be closed to the public for business relating to the following: (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. This matter is classified confidential because it contains advice concerning legal matters that are:- (a) substantial issues relating to a matter to which the Council is involved. (b) clearly identified in the advice, and (c) fully discussed in that advice. It is not in the public interest to reveal all details of this matter as it would prejudice Council's position in any court proceedings. Report prepared by: Property Manager - Development Report dated: 13 February 2009 File No.: COR2009/49 - BP09/17

Documents

Committee of the Whole - ryde.nsw.gov.au · Committee of the Whole Report No. 2/09, dated 13 February 2009, submitted to Council on 17 February 2009. General Manager Mayor 317. Consent