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Development Assessment
Unit
Tuesday, 27 June 2017
THE H
ILLS S
HIR
E C
OU
NC
IL
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
ITEM-2 DA NO. 1455/2017/LD - DEMOLITION OF
EXISTING DWELLING AND CONSTRUCTION OF A
THREE STOREY DWELLING & INGROUND
SWIMMING POOL - LOT 14 DP 238221, NO. 5
PAXTON PLACE, CASTLE HILL
4
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 3
MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE
HILLS SHIRE COUNCIL ON TUESDAY, 20 JUNE 2017
PRESENT
Cameron McKenzie Group Manager – Environment & Planning (Chair)
Paul Osborne Manager – Development Assessment
Andrew Brooks Manager – Subdivision & Development Certification
Daniel Giffney Acting Manager – Environment & Health
Amanda Burke Acting Manager – Regulatory Services
Janelle Atkins Acting Manager – Forward Planning
Kristine McKenzie Principal Executive Planner
APOLOGIES
Mark Colburt Manager – Environment & Health
Craig Woods Manager – Regulatory Services
Stewart Seale Manager – Forward Planning
TIME OF COMMENCEMENT
8:30am
TIME OF COMPLETION
8:41am
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 13 June
2017 be confirmed.
ITEM-2 DA NO. 782/2017/HA - TELECOMMUNICATIONS
FACILITY - LOT 21 DP 598751, NO. 307A
BOUNDARY ROAD, MARAYLYA
RESOLUTION
The application be approved subject to conditions as set out in the report.
END MINUTES
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 4
ITEM-2 DA NO. 1455/2017/LD - DEMOLITION OF EXISTING
DWELLING AND CONSTRUCTION OF A THREE
STOREY DWELLING & INGROUND SWIMMING POOL
- LOT 14 DP 238221, NO. 5 PAXTON PLACE, CASTLE
HILL
THEME: Balanced Urban Growth
OUTCOME: 7 Responsible planning facilitates a desirable living
environment and meets growth targets.
STRATEGY:
7.2 Manage new and existing development with a robust
framework of policies, plans and processes that is in
accordance with community needs and expectations.
MEETING DATE: 27 JUNE 2017
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: TOWN PLANNER
KATHRYN SPRANG
RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER
KRISTINE MCKENZIE
EXECUTIVE SUMMARY
The Development Application is for the demolition of the existing dwelling and,
construction of a three storey dwelling, inground swimming pool, spa and front fence.
The dwelling will contain five bedrooms and a basement garage.
The proposal complies with Development Control Plan Part B Section 2 – Residential with
the exception of variations to the maximum dwelling width, encroachments into the front
setback and extent of cut. The DCP requires that the width of the dwelling at the building
line is to be a maximum of 80%. The proposed dwelling is 84% of the width at the
building line. The DCP states that single storey entry features may encroach into the
front setback up to 1.2m for a maximum of 30% of the frontage. There are two Juliet
balconies which are not single storey elements which encroach 850mm into the front
setback and a total width of one Juliet balcony and the ground floor entry porch is 42%
of the width of the building. The DCP also limits excavation to 1 metre unless it can be
demonstrated that there will be no adverse impacts on adjoining owners. The proposed
excavation is 3.2 metres.
The proposed variations are considered satisfactory as the built form outcome responds
appropriately to the desired character of the locality and will not cause an unreasonable
impact upon the amenity of adjoining properties.
The proposal was notified to adjoining property owners and three submissions were
received from two property owners. The issues raised in the submissions relate to
privacy, lot size, retaining wall location, solar access and front setback. The proposed
dwelling has a satisfactory design which is in keeping with the future desired character of
the area. The proposal limits the potential for overlooking and satisfactory solar access is
provided to the subject site and adjoining properties.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 5
The application is recommended for approval subject to conditions.
BACKGROUND MANDATORY REQUIREMENTS
Applicant: Dwell Designs
Australia
1. LEP 2012 – Permissible with
consent.
Owner: S and M Saade 2. DCP Part B Section 2 Residential -
Variations required, see report
Zoning: R2 Low Density
Residential
3. Section 79C (EP&A Act) -
Satisfactory
Area: 713.5m2
4. Section 94A Contribution - Yes
Existing Development: Single Storey
Dwelling
SUBMISSIONS REASONS FOR REFERRAL TO DAU
1. Exhibition: Not required.
1. Variations to the DCP.
2. Notice Adj Owners: Yes, 14 days.
2. Submissions received.
3. Number Advised: Ten
4. Submissions
Received:
Three (from two
property owners)
POLITICAL DONATION – None disclosed.
HISTORY
28/03/2017 Subject Development Application Lodged.
24/04/2017 Letter sent to the applicant requesting additional information in
regard to the front setback, dwelling width, rear setback,
earthworks, privacy, shadow diagrams, swimming pool filter,
gazebo elevations, BASIX certificate and drainage.
16/05/2017 Amended architectural plans and hydraulic plans received from
the applicant. An email was sent to the applicant advising that
some information remains outstanding.
23/05/2017 Amended architectural plans, revised BASIX certificate and
justification to variations received from applicant.
07/06/2017 Updated survey plan with surveyor’s registration details
included received from applicant.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 6
PROPOSAL
The Development Application is for the demolition of the existing dwelling on site and
construction of a three storey dwelling, inground swimming pool, spa and front fence.
The dwelling will contain five bedrooms, theatre room, gym room, formal lounge, living
room, dining room, covered terrace and basement car parking.
The proposed building materials are rendered brick with concrete roof tiles. The
proposed colour scheme is predominantly cream, grey and white.
ISSUES FOR CONSIDERATION
1. Compliance with DCP Part B Section 2 – Residential
The proposal has been assessed having regard to the provisions of the DCP Part B
Section 2 – Residential. The proposed is compliant with the DCP requirements with the
exception of maximum dwelling width, encroachments into the front setback and cut.
DEVELOPMENT
STANDARD
DCP REQUIREMENTS PROPOSED
DEVELOPMENT
COMPLIANCE
Maximum Dwelling
Width
Width of allotment at the building line:
Percentage of width at the building line:
Less than or equal to 18m
80%
Greater than 18m 75%
Width of
allotment:
14.7m
Width of
building:
12.394m or
84%
No, however
the design will
not adversely
impact on
streetscape.
Dwelling Design
and Construction
Stairs, single storey verandahs,
single storey entry features,
and single storey porticos may
encroach up to 1.2 metres of
the building setback for 30% of
width of the dwelling provided
the design, materials, colours
and construction be consistent
with the dwelling.
Two Juliet
balconies (not
considered
single storey
features)
proposed which
encroach
850mm into the
front setback.
Combined width
of one Juliet
balcony and the
entry porch is
42% the width
of the building.
No, however
the Juliet
balconies are
a suitable
design feature
providing
architectural
relief and
interest to the
dwelling
façade.
Cut and Fill Excavation in excess of 1 metre
may be permitted, subject to
there being no adverse effect
on the adjoining owners.
The proposed
excavation is
3.2m to
facilitate the
basement level.
No, however
the excavation
is considered
reasonable as
there is
minimal
impacts on
adjoining
owners.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 7
i. Maximum Dwelling Width
The DCP requires allotments with widths less than or equal to 18 metres to have a
maximum dwelling width of 80% at the building line. The proposed width of the building
is 84% resulting in a 4% variation to the control.
The applicant has provided the following justification:
The proposed development has been designed to relate sympathetically to the
topography, and to the scenic quality of the site and surrounds. This is due the design,
siting and relationship to adjoining properties.
The proposed development demonstrates a good design outcome to a site located within
a cul-de-sac and has an irregular shape. A narrow frontage going wider at rear makes
the design aspect very hard to meet Council DCP in “Maximum Dwelling width”, but by
moving the dwelling to the maximum possible back we achieved a wider frontage, and
this is considered acceptable in this regard.
Comment:
The DCP provides the following objectives in relation to building setbacks:-
(i) To provide setbacks that complement the streetscape and protects the privacy
and sunlight to adjacent dwellings in accordance with ESD Objective 7.
(ii) To ensure that new development is sensitive to the landscape setting, site
constraints and established character of the street and locality.
(iii) To ensure that the appearance of new development is of a high visual quality and
enhances the streetscape.
The proposed width of the building is 84% resulting in a 4% variation. The proposed
variation does not result in loss of privacy or solar access impacts to adjoining
properties. It is also noted that both side setbacks exceed the requirements of the DCP
and will range from a minimum setback of 1.2 metre to a maximum setback of 3 metres.
The lot is also an irregular shape with a narrow frontage and a wider rear.
The proposed dwelling provides a satisfactory streetscape presentation and the scale of
the dwelling is compatible with the desired future built environment.
The proposed variation to the dwelling width is considered to be satisfactory in this
instance.
ii. Dwelling Design and Construction
The DCP permits stairs, single storey verandahs, single storey entry features, and single
storey porticos to encroach up to 1.2 metres into the building setback for a maximum
30% of the width of the dwelling. The design has two Juliet balconies that are not single
storey features which encroach 850mm into the front setback. In addition to this the
combined width of one Juliet balcony and entry porch is 42% of the width of the
dwelling.
The applicant has provided the following justification:
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 8
The DCP requires dwellings to be setback 10m from the front boundary, after we
submitted amended plans to achieve this, the porch and Juliet balconies are within the
8.8m setback which we find acceptable in this regard.
Comment:
The DCP provides the following objectives in relation to dwelling design and
construction:-
(i) To ensure that dwellings are designed with regard to site conditions and
constraints such as drainage easements.
(ii) To ensure that dwelling design and siting have regard to the existing
streetscape and character of the area, and the amenity of adjoining
development.
(iii) To protect existing trees on the site.
(iv) To ensure that the appearance of housing is of a high visual quality and
enhances the streetscape and the urban environment.
(v) To allow flexibility in the siting of new buildings and ensure the bulk and scale
of new development protects reasonable neighbour amenity and maintain
appropriate residential character.
The proposed Juliet balconies do not result in undue privacy impacts to adjoining
properties. The Juliet balconies are shallow in width, provide limited use, and act as a
design feature providing architectural relief and interest to the dwelling façade.
The combined width of one Juliet balcony and the porch have a width of 42% of the
overall dwelling width. It is noted that the porch and balconies do not add unreasonable
bulk and scale to the dwelling.
There are also other dwellings in the street that have front setbacks less than 10 metres,
being No. 4 Paxton Place which has a setback of approximately 7 metres, No. 6 Paxton
place which has a setback of approximately 8.8 metres and No. 8 Paxton Place which has
setback of approximately 9.5 metres.
The proposed variations are considered to provide a satisfactory streetscape
presentation and the scale of the dwelling is compatible with the existing and desired
future built environment.
The proposed variation is considered to be satisfactory in this instance.
iii. Cut and Fill
The DCP states that excavation in excess of 1 metre may be permitted, subject to no
adverse impacts on adjoining land owners. The proposed excavation for the basement
level is 3.2 metres.
The applicant has provided the following justification:
The cut of the project site exceed Council’s regulation. The cut is suitable noting that this
is a suitable approach to ensure compliance with the building height control that is a key
constraint on the site. It is considered that the proposed excavation will have minimal
adverse environmental or amenity impact. The proposal results in an appropriate
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 9
outcome when considering the nature of the development. The proposal will not
adversely affect or disrupt drainage and floor patterns, flood storage or soil stability in
the area. The proposed excavation is consistent with the current and future use of the
land and will develop the site into context with its surrounds and in accordance with
Council’s current and proposed planning strategies.
Comment:
The DCP provides the following objectives in relation to dwelling design and
construction:-
(i) To ensure that dwellings are designed with regard to site conditions and
minimise the impact on landform.
The proposed maximum excavation required is 3.2 metres for the basement. It is not
anticipated that there will be any adverse impacts to adjoining neighbours due to the
extent of excavation, however a condition of consent is recommended requiring a
dilapidation report to be obtained in relation to adjoining properties at 3 and 8 Paxton
Place to ensure no adverse impacts to these properties (see Conditions 18 and 44).
The proposed variation to the excavation is considered to be satisfactory in this instance.
2. Issues Raised in Submissions
The proposal was notified to adjoining property owners for 14 days. In response, three
submissions were received from two property owners. The issues raised in the
submissions are addressed below:
ISSUE/OBJECTION COMMENT OUTCOME
Privacy concerns regarding
upstairs rooms and rear
balcony overlooking
adjoining properties.
The first floor windows service
predominantly bedrooms and
bathrooms with the exception of a
void space and staircase. All
bathroom/toilet windows on the first
floor and the large windows on each
side elevation will have obscure
glazing (see Attachment 4).
There is no rear balcony proposed.
The proposed development will not
result in unreasonable privacy impacts
to adjoining properties.
Issue addressed.
The land size of the block
is incorrectly stated on the
plans.
A survey from a registered land
surveyor has been submitted and is
considered satisfactory. The lot has an
area of 713.5m2.
Issue addressed.
Concern regarding
proposed retaining
wall/front fence located
partially on adjoining
property.
All works are required to be located
on the subject site. A condition of
consent is recommended that a
survey certificate may be requested
by the PCA at footings or formwork
stage to show the location of
building/structures in relation to all
boundaries.
Condition
imposed - see
Condition 30.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 10
ISSUE/OBJECTION COMMENT OUTCOME
The location of the
dwelling will result in a loss
of solar access to adjoining
properties.
The proposed dwelling will provide a
minimum of 4 hours solar access to
50% of the private open space areas
of adjoining properties between 9am
and 3pm on 21 June and accordingly
complies with the requirements of the
DCP.
Issue addressed.
Due to the proposed front
setback being forward of
the existing dwelling,
adjoining neighbours
outlook will be reduced.
The existing dwelling on the site has a
front setback of approximately 9
metre. The proposed dwelling will
have a 10 metre front setback to the
front wall of the dwelling, 8.8 metres
to the front porch/entry feature and a
9.15 metre setback to the Juliet
balconies. The proposed setbacks are
considered satisfactory and will not
adversely impact on outlook towards
the street.
Issue addressed.
ENGINEERING COMMENTS
No objection is raised subject to conditions of consent.
TREE MANAGEMENT COMMENTS
No objection is raised subject to conditions of consent.
CONCLUSION
The proposed development has been assessed against the relevant heads of
consideration under Section 79C of the Environmental Planning and Assessment Act,
1979, Local Environmental Plan 2012 and Development Control Plan Part B Section 2-
Residential and is considered satisfactory. The variations to dwelling width,
encroachments in the front setback and excavation are addressed in the report and are
supported. The matters raised in the submissions have been considered and addressed
in the report and do not warrant further amendment or refusal of the Development
Application.
The application is recommended for approval subject to conditions.
IMPACTS
Financial
This matter has no direct financial impact upon Council's adopted budget or forward
estimates.
The Hills Future Community Strategic Plan
The proposed development is consistent with the planning principles, vision and
objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed
development provides for satisfactory urban growth without adverse environmental or
social amenity impacts and ensures a consistent built form is provided with respect to
the streetscape and general locality.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 11
RECOMMENDATION
The Development Application be approved subject to the following conditions of consent.
GENERAL MATTERS
1. Development in Accordance with Submitted Plans
The development being carried out in accordance with the following approved plans and
details, stamped and returned with this consent except where amended by other
conditions of consent.
REFERENCED PLANS AND DOCUMENTS
DRAWING NO. DESCRIPTION REVISION DATE
1/21 Cover Sheet/Colour Scheme B 23/05/2017
3/21 Site Plan/Roof Plan B 23/05/2017
4/21 Ground Floor Plan B 23/05/2017
5/21 Ground Floor Plan B 23/05/2017
6/21 Basement Plan B 23/05/2017
7/21 Landscape Plan B 23/05/2017
8/21 Pervious/Impervious Calculation B 23/05/2017
9/21 Elevations B 23/05/2017
10/21 Elevations B 23/05/2017
11/21 Section AA B 23/05/2017
12/21 Section BB B 23/05/2017
15/21 Front fence/Streetscape B 23/05/2017
16/21 Pool/Gazebo Drawings/Driveway
Section
B 23/05/2017
18/21 Demolition Plan A 27/03/2017
1800-S1/3 Stormwater Drainage Plan B 10/05/2017
1800-S2/3 Stormwater Drainage Plan B 10/05/2017
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to
the issue of the Construction Certificate, where a Construction Certificate is required.
2. Construction Certificate
Prior to construction of the approved development, it is necessary to obtain a
Construction Certificate. A Construction Certificate may be issued by Council or an
Accredited Certifier. Plans submitted with the Construction Certificate are to be amended
to incorporate the conditions of the Development Consent.
3. Building Work to be in Accordance with BCA
All building work must be carried out in accordance with the provisions of the Building
Code of Australia.
4. Tree Removal
Approval is granted for the removal of trees shown for removal on demolition plan dated
23/05/2017.
All other trees are to remain and are to be protected during all works. Suitable
replacement trees are to be planted upon completion of construction.
5. Planting Requirements
All trees planted as part of the approved landscape plan are to be minimum 45 litre pot
size. All shrubs planted as part of the approved landscape plan are to be minimum
200mm pot size. Groundcovers are to be planted at 5/m2.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 12
6. Gutter and Footpath Crossing Application
Each driveway requires the lodgement of a separate gutter and footpath crossing
application, accompanied by the applicable fee as per Council’s Schedule of Fees and
Charges.
7. Minor Engineering Works
The design and construction of the engineering works listed below must be provided for
in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works
Specifications Subdivisions/ Developments.
Works on existing public roads or any other land under the care and control of Council
must be approved and inspected by Council in accordance with the Roads Act 1993 or
the Local Government Act 1993. A separate minor engineering works application and
inspection fee is payable as per Council’s Schedule of Fees and Charges.
a) Driveway Requirements
The design, finish, gradient and location of all driveway crossings must comply with the
above documents and Council’s Driveway Specifications.
The proposed driveway must be built to Council’s residential standard.
A separate driveway application fee is payable as per Council’s Schedule of Fees and
Charges.
b) Disused Layback/ Driveway Removal
All disused laybacks and driveways must be removed and replaced with kerb and gutter
together with the restoration and turfing of the adjoining footpath verge area.
c) Site Stormwater Drainage
The entire site area must be graded, collected and drained by pits and pipes to a suitable
point of legal discharge.
The runoff directed to the basement pump out system must be minimised as much as
possible via a grated drain along the driveway set as low as possible whilst still allowing
runoff to the kerb under gravity.
8. External Finishes
External finishes and colours shall be in accordance with the details submitted with the
development application and approved with this consent.
9. Adherence to Waste Management Plan
All requirements of the Waste Management Plan submitted to and approved by Council
must be implemented during the construction and/or demolition phases of the
development, as well as the ongoing management phase. The information submitted can
change provided that the same or a greater level of reuse and recycling is achieved as
detailed in the plan. Any material moved offsite is to be transported in accordance with
the requirements of the Protection of the Environment Operations Act 1997 and only to a
place that can lawfully be used as a waste facility. Receipts of all waste/recycling tipping
must be kept onsite at all times and produced in a legible form to any authorised officer
of the Council who asks to see them.
Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square
metres or more of asbestos sheeting) must provide information to the NSW EPA
regarding the movement of waste using their WasteLocate online reporting tool
www.wastelocate.epa.nsw.gov.au.
10. Demolition Notification
Both Council and any adjoining properties must be notified in writing five days before
demolition works commence.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 13
11. Air Conditioner Location
Air-conditioning unit location is to be a minimum 450mm from the side/rear boundary,
and is to comply with SEPP (Exempt and Complying Development Codes) 2008
requirements.
12. Restriction on Building Use
The building is not to be used or converted for use for separate habitation, dual
occupancy, commercial or industrial purposes.
13. Management of Construction and/or Demolition Waste
Waste materials must be appropriately stored and secured within a designated waste
area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste
materials such as paper and containers which must not litter the site or leave the site
onto neighbouring public or private property. A separate dedicated bin must be provided
onsite by the builder for the disposal of waste materials such as paper, containers and
food scraps generated by all workers. Building waste containers are not permitted to be
placed on public property at any time unless a separate application is approved by
Council to locate a building waste container in a public place.
Any material moved offsite is to be transported in accordance with the requirements of
the Protection of the Environment Operations Act 1997 and only to a place that can
lawfully be used as a waste facility. The separation and recycling of the following waste
materials is required: metals, timber, masonry products and clean waste plasterboard.
This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for
timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or
more bins and sent to a waste contractor or transfer/sorting station that will sort the
waste on their premises for recycling. Receipts of all waste/recycling tipping must be
kept onsite at all times and produced in a legible form to any authorised officer of the
Council who asks to see them.
14. Commencement of Domestic Waste Service
The property owner or agent acting for the owner must ensure to arrange the
commencement of a domestic waste service with Council. The service is to be arranged
no earlier than two days prior to occupancy and no later than two days after occupancy
of the development. All requirements of Council’s domestic collection service must be
complied with at all times. Please telephone Council on (02) 9843 0310 for the
commencement of waste services.
15. Disposal of Surplus Excavated Material
The disposal of surplus excavated material, other than to a licenced waste facility, is not
permitted without the previous written approval of Council prior to works commencing
on site. Any unauthorized disposal of waste, which includes excavated material, is a
breach of the Protection of the Environment Operations Act 1997 and subject to
substantial penalties. Receipts of all waste/ recycling tipping must be kept onsite at all
times and produced in a legible form to any authorised officer of the Council who asks to
see them.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
16. Section 94A Contribution
Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979,
and The Hills Section 94A Contributions Plan, a contribution of $7,800.00 shall be paid
to Council. This amount is to be adjusted at the time of the actual payment in
accordance with the provisions of the Hills Section 94A Contributions Plan.
The contribution is to be paid prior to the issue of the Construction Certificate.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 14
You are advised that the maximum percentage of the levy for development under
section 94A of the Act having a proposed construction cost is within the range specified
in the table below;
Proposed cost of the development Maximum percentage of the levy
Up to $100,000 Nil
$100,001 - $200,000 0.5 %
More than $200,000 1%
17. Stormwater Pump/ Basement Car Park Requirements
The stormwater pump-out system must be designed and constructed in accordance with
AS/ NZS 3500.3:2015 - Plumbing and Drainage - Stormwater drainage. The system
must be connected to the Onsite Stormwater Detention system before runoff is
discharged to the street (or other point of legal discharge) along with the remaining site
runoff, under gravity. All plans, calculations, hydraulic details and manufacturer
specifications for the pump must be submitted with certification from the designer
confirming compliance with the above requirements.
PRIOR TO WORK COMMENCING ON THE SITE
18. Adjoining Property Dilapidation Report
A dilapidation report must be prepared and submitted by a structural engineer recording
the condition of any dwelling or ancillary structures on Nos. 3 and 8 Paxton Place within
the likely zone of influence from any excavation, dewatering or construction induced
vibration.
19. Sydney Water Building Plan Approval
A building plan approval must be obtained from Sydney Water Tap in™ to ensure that
the approved development will not impact Sydney Water infrastructure. A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not
already provided) must be submitted to the Principal Certifying Authority upon request
prior to works commencing.
Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney
Water Tap in™, or telephone 13 20 92.
20. Management of Building Sites – Builder’s Details
The erection of suitable fencing or other measures to restrict public access to the site
and building works, materials or equipment when the building work is not in progress or
the site is otherwise unoccupied.
The erection of a sign, in a prominent position, stating that unauthorised entry to the
site is not permitted and giving an after hours' contact name and telephone number. In
the case of a privately certified development, the name and contact number of the
Principal Certifying Authority.
21. Consultation with Service Authorities
Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the
installation of telephone conduits, broadband connections and letterboxes as required.
Unimpeded access must be available to the electricity supply authority, during and after
building, to the electricity meters and metering equipment.
22. Principal Certifying Authority
A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning
and Assessment Regulations 2000.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
PAGE 15
23. Approved Temporary Closet
An approved temporary closet connected to the sewers of Sydney Water, or alternatively
an approved chemical closet is to be provided on the land, prior to building operations
being commenced.
24. Erosion and Sedimentation Controls
Erosion and sedimentation controls shall be in place prior to the commencement of site
works; and maintained throughout construction activities until the site is landscaped
and/or suitably revegetated. The controls shall be in accordance with the details
approved by Council and/or as directed by Council Officers. These requirements shall be
in accordance with Managing Urban Stormwater – Soils and Construction produced by
the NSW Department of Housing (Blue Book).
25. Stabilised Access Point
A stabilised all weather access point is to be provided prior to commencement of site
works, and maintained throughout construction activities until the site is stabilised. The
controls shall be in accordance with the requirements with the details approved by
Council and/or as directed by Council Officers. These requirements shall be in
accordance with Managing Urban Stormwater – Soils and Construction produced by the
NSW Department of Housing (Blue Book).
26. Builder and PCA Details Required
Notification in writing of the builder’s name, address, telephone and fax numbers to be
submitted to the Principal Certifying Authority prior to work commencing.
Two days before work commences, Council shall be notified of the Principal Certifying
Authority in accordance with the Regulations.
DURING CONSTRUCTION
27. Dropped Edge Beam
All fill is to be contained within the dropped edge beam as shown on the approved plans.
The dropped edge beam is to extend to natural ground level. No fill is to be placed to the
exterior of the building unless otherwise shown on the approved plans.
28. Hours of Work
Work on the project to be limited to the following hours: -
Monday to Saturday - 7.00am to 5.00pm;
No work to be carried out on Sunday or Public Holidays.
The builder/contractor shall be responsible to instruct and control sub-contractors
regarding the hours of work.
29. Roof Water Drainage
Gutter and downpipes to be provided and connected to an approved drainage system
upon installation of the roof covering.
30. Survey Certificate
A survey certificate signed and dated (including contact details) from a registered land
surveyor may be requested by the Principal Certifying Authority at footings and/or
formwork stage. The certificate shall indicate the location of the building/structure in
relation to all boundaries, and shall confirm the floor/coping level prior to any work
proceeding on the building/structure.
31. Compliance with BASIX Certificate
Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a
condition of this Development Consent that all commitments listed in BASIX Certificate
No. 803106S_02 are to be complied with. Any subsequent version of this BASIX
Certificate will supersede all previous versions of the certificate.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
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A Section 96 Application may be required should the subsequent version of this BASIX
Certificate necessitate design changes to the development. However, a Section 96
Application will be required for a BASIX Certificate with a new number.
32. Compliance with Critical Stage Inspections and Other Inspections
Nominated by the Principal Certifying Authority
Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause
162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for
building work. Prior to permitting commencement of the work, your Principal Certifying
Authority is required to give notice of these inspections pursuant to Clause 103A of the
Regulations.
N.B. An Occupation Certificate cannot be issued and the building may not be able to be
used or occupied where any mandatory critical stage inspections or other inspections
required by the Principal Certifying Authority are not carried out.
Where Council is nominated as Principal Certifying Authority, notification of all
inspections required is provided with the Construction Certificate approval.
NOTE: You are advised that inspections may only be carried out by the PCA
unless by prior agreement of the PCA and subject to that person being an
accredited certifier.
33. Landscaping Works
Landscaping works, associated plantings and the construction of any retaining walls are
to be undertaken generally in accordance with the approved plans.
34. Dust Control
The emission of dust must be controlled to minimise nuisance to the occupants of the
surrounding premises. In the absence of any alternative measures, the following
measures must be taken to control the emission of dust:
Dust screens must be erected around the perimeter of the site and be kept in good
repair for the duration of the construction work;
All dusty surfaces must be wet down and suppressed by means of a fine water
spray. Water used for dust suppression must not cause water pollution; and
All stockpiles of materials that are likely to generate dust must be kept damp or
covered.
35. Filtration Motor Noise
The sound pressure level of the swimming pool filter and pump equipment shall not
exceed (at the boundary) a level greater than 5dB (A) above the background noise level
in accordance with Protection of the Environmental Operations Act 1997. If the noise of
the filter causes a nuisance to the occupiers of adjacent dwellings, the swimming pool
filter and pump shall be fully enclosed in an enclosure to attenuate noise emitted by the
swimming pool equipment.
36. Pool Discharge Water
Discharge and/or overflow pipe from the swimming pool and filtration unit to be
connected to the sewer where available.
All backwash water from the filtration unit is to be similarly disposed, or alternatively,
must be piped to an absorption trench.
The pool excavations not to conflict with the position of household drainage trenches or
lines, the position of which must be ascertained before pool excavation commences.
37. Swimming Pool Safety Fencing
All pools and safety barriers are to comply with the Swimming Pools Act 1992, the
Swimming Pools Regulation 2008 and Australian Standard 1926.1-2012. A fact sheet
titled Swimming Pool Fencing Requirements is available from www.thehills.nsw.gov.au.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
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It should be noted that any steps, retaining walls, objects (for example – planter boxes,
pump enclosures and the like) or level changes that would otherwise reduce the height
of the barrier within a property shall not be located within 500mm of the barrier.
38. Resuscitation Warning Notice
In accordance with the Swimming Pools Regulation 2008, a Warning Notice is to be
displayed in a prominent position, in the immediate vicinity of the swimming pool. The
notice is to contain a diagrammatic flow chart of resuscitation techniques, the words:
(i) "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL",
and
(ii) "POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and
(iii) "KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900 MILLIMETRES CLEAR
OF THE POOL FENCE AT ALL TIMES",
and all other details required by the Regulation.
39. Pool not to be Filled Until Occupation
The pool is not to be filled with water until the dwelling is occupied.
40. Temporary Fencing of Pools
This condition applies to unoccupied land.
On excavation and prior to installation of the pool shell or placement of the steel re-
enforcement, a fence is to be provided around the pool excavation, so as to isolate and
prevent access to it.
The fence provided is to be 1.8m high and to no less a standard than correctly joined
and secured, temporary fence panels or chainmesh. The fence is to remain in place until
the site (dwelling) has been approved for occupation.
PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE
41. Completion of Engineering Works
An Occupation Certificate must not be issued prior to the completion of all engineering
works covered by this consent, in accordance with this consent.
42. Pump System Certification
Certification that the stormwater pump system has been constructed in accordance with
the approved design and the conditions of this approval must be provided by a suitably
qualified hydraulic engineer.
43. Creation of Restrictions / Positive Covenants
Before an Occupation Certificate is issued the following restrictions/ positive covenants
must be registered on the title of the subject site via a request document, Section 88B
instrument associated with a plan or the like. Council’s standard recitals must be used.
a) Positive Covenant – Stormwater Pump
The subject site must be burdened with a restriction and a positive using the “basement
stormwater pump system” terms included in the standard recitals.
44. Final Dilapidation Survey
On completion of the excavation, the structural engineer shall carry out a further
dilapidation survey at the properties referred to in Condition 18 above and submit a copy
of the survey both to Council and the property owners.
45. Retaining Walls
All retaining walls shown on the approved plans shall be completed prior to the issue of a
Final Occupation Certificate.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JUNE, 2017
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46. Spa Pool Construction
The spa pool shall be constructed to comply with Australian Standard AS2610.2 – Private
Spas. With respect to entrapment hazards, the spa pool shall:
a) Be designed so pressure will be immediately released at a suction point from the
spa pool if it becomes blocked;
b) Each pump should have a minimum of two operative suction points connected by
a common line;
c) Suction points should be fitted as close as possible to the water surface as is
practical without affecting the operation of the system;
d) The suction points shall not be closer than 600mm;
e) An emergency stop switch controlling all spa pool pumps, blowers and heaters
shall be provided within three (3) metres of the spa pool and shall be visible at all
times.
Certification of the above matters shall be provided from the spa manufacturer/installer
to the PCA prior to the issue of any Occupation Certificate.
47. Safety Glazing for Pool Fencing
If glazing is chosen to be incorporated into the pool safety fencing system, a safety
glazing certificate is to be provided to Council, or the Principal Certifying Authority,
indicating all materials and installation are in accordance with AS 1288.
48. Registration of Swimming Pool/Spa
Prior to issue of an Occupation Certificate the swimming pool/spa is to be registered on
the NSW state register of swimming pools and spas. To register the swimming pool/spa
you are to log onto www.swimmingpoolregister.nsw.gov.au and follow the prompts. A
copy of the registration certificate is to be submitted to the PCA to confirm the
registration.
THE USE OF THE SITE
49. Maintenance of Landscaping Works
The landscaping works, associated plantings and construction of retaining walls are to be
effectively maintained at all times and throughout the life of the development.
ATTACHMENTS
1. Locality Plan
2. Aerial Photograph
3. Site Plan
4. Elevations
5. Section
6. Shadow Diagrams
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ATTACHMENT 1 – LOCALITY PLAN
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ATTACHMENT 2 – AERIAL PHOTOGRAPH
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ATTACHMENT 3 – SITE PLAN
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ATTACHMENT 4 – ELEVATIONS
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ATTACHMENT 5 – SECTION
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ATTACHMENT 6 - SHADOW DIAGRAMS