Report to the Waverley Development Assessment Panel

Application number DA-419/2014

Site address 10 Grafton Street, Bondi Junction

Proposal Continued use of site as a satellite Council depot, replacement of existing

administration and amenities buildings and site works

Date of lodgement 8 September 2014 and additional information on 26 November 2014

Owner Roads and Maritime Services

Applicant Waverley Council

Submissions Seven submissions

Cost of works $740,000

Issues Removal of trees, neighbour submissions, noise, continue use

Recommendation That the application be APPROVED subject to conditions of consent.

Site Map

1.1 SITE AND SURROUNDING LOCALITY

A site visit was carried out on 22 October 2014.

The site is identified as lot 1 DP 262916 and is bound to the south by Grafton Street, to the east by

Newland Street and to the west by Vernon Street. The site lies on the boundary of the

Woollahra/Waverley Local Government Area boundary. A two storey terrace and small reserve exists

to the north of the site. The site is located under the overpass of Syd Einfeld Drive. The site is

currently being used as a Satellite Depot for Waverley Council. Prior to use as the Waverley Satellite

Depot, the site was used for parking for 32 vehicles.

Figure 1: Grafton Street frontage

Figure 2: Newland Street frontage

Figure 3: Vernon Street frontage

1.2 PROPOSAL

Development consent is sought to carry out work to the Syd Einfeld satellite Depot in Bondi Junction.

The works proposed include:

• Continued use of the site as a Council Depot

• The erection of a lunch room and deck to the Newland Street frontage.

• The erect of an office administration building with laundry and store rooms on the corner of

Grafton Street and Newland Street.

• The erection of an amenities building to the Grafton Street frontage incorporating male

showers/ locker room, male toilet facilities, unisex accessible shower/ toilet/ change room.

• Erection of a deck connecting the amenities building and office.

• The provision of a new vehicle ramp to Newland Street.

• The erection of a metal security fence and vehicle gate to Newland Street and pedestrian

gate to Grafton Street.

• Removal of 10 existing trees (melaleuca) along Grafton Street and retention of 3 spotted

gum trees.

• Operational aspects including hours of operation (5am to 8:30pm), numer of staff 36

The application was submitted with the following supporting documents;

• Acoustic Report

• BCA Report

• Traffic Report

1.3 RELEVANT HISTORY

DA-743/2006 was approved on 11 December 2007. The approval was for a “temporary council works

depot”. The consent was for a period of 5 years and expired on 20 December 2012.

The relevant condition states:

(4). Limited consent

The period during which the use shall operate is restricted to five (5) years from the date

of approval, and the use shall cease at that time. A further development application may

be lodged before the expiration date for Council’s consideration for the continuation of

the use.

Council’s consideration of this further application will take into account the:

(a) compliance of the premises in terms of security and its general management;

(b) number and nature of substantiated complaints regarding operation of the

premises;

(c) compliance with conditions of consent; and

(d) any other matters considered to be relevant to the environmental evaluation of the

premises.

DA-743/2006/A was approved on 17 December 2009. The approval granted related to a modification

of the storage shed, amenities area and fencing and increasing staff number to 40.

The consent expired on 20 December 2012 and has been operating without consent since that time.

The depot is currently operational. The current proposal seeks to grant consent to the continued use

of the site as a satellite depot.

2. ASSESSMENT

The following matters have been considered in the assessment of this development application

under Section 79C of the Environmental Planning and Assessment Act, 1979.

2.1 SECTION 79C (1)(A) PLANNING INSTRUMENTS AND DCP

SEPP 55 Remediation of Land

The subject site has previously been used as a satellite depot and the applicant has provided the

following information with regards to the site contamination.

The applicant has advised:

• The application relates to the upgrade of an existing depot and will not involve a “change of

use” for the site.

• The site is a sealed site restricting any potential contaminants for the current use from

penetrating through to the ground below.

• Minimal site works are proposed as part of the application with the majority of the sealed

area remaining intact.

• Minimal material is required to be removed from the site.

• Council may impose conditions requiring excavated material to be appropriately tested,

handled and disposed of accordingly, should there be any reasonable concern with regard to

contamination.

• It would seem excessive for Council to require the sealed section to be remediated as the site

will not be altered and the nature of the use as a depot is not considered to be a sensitive

land use.

Officer’s comment: The above comments are noted and considered reasonable, given the sealed

nature of the site and the continuation of the same activity on the land. It is considered that further

site contamination investigations are not required, however a condition is to be imposed to ensure

that any excavated soil from the site be tested prior to disposal.

SEPP (Infrastructure) 2007

The aims of the Infrastructure SEPP are:

(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 proposal is considered consistent with the aims of the SEPP.

The relevant section of the SEPP is Division 14.

Clause 76 of the SEPP allows with consent development for the purposes of public administration.

“Public administration building” is defined as:

“a building used as offices or for administrative or other like purposes by the Crown, a

statutory body, a council or an organisation established for public purposes, and includes a

courthouse or a police station”.

The use is considered permissible given that the buildings are to be used by Waverley Council as

“administrative” or “other like purposes”.

Waverley Local Environmental Plan (LEP) 2012

The relevant matters to be considered under the Waverley LEP 2012 for the proposed development

are outlined below:

Waverley LEP 2012 – Compliance Table

Development Control Compliance Comment

Part 1 Preliminary

1.2 Aims of plan

Yes

The proposal is consistent with the aims of

the LEP.

Part 2 Permitted or prohibited development

Land Use Table

SP2 - Infrastructure

Yes

The proposal does not contravene the

objectives of the zone to provide for

infrastructure and related uses. In addition,

the Council depot is permitted by virtue of

SEPP (Infrastructure) 2007.

Part 4 Principle development standards

4.3 Height of Buildings

15m Yes

The proposal is less than the 15m height

limit.

4.4 Floor space ratio and

N/A

There is no floor space ratio development

standard for the site.

Part 5 Miscellaneous provisions

5.9 Preservation of trees or

vegetation

Yes

The proposal seeks the removal of 10 trees

along the Grafton Street frontage of the site.

The removal of the tress were considered by

Council’s Tree Management Officer and

accepted. Further comments are in the

referrals section of this report.

5.10 Heritage conservation

Yes

The site is not a heritage item or located in

a heritage conservation zone. However, the

Bondi Junction underground railway and

station on the opposite side of the road is a

heritage item (I187). The proposed use

and works additional buildings are not

Waverley LEP 2012 – Compliance Table

Development Control Compliance Comment

considered to have an adverse impact on

the heritage significance of the rail station.

Waverley Development Control Plan (DCP) 2012

The relevant matters considered under Waverley DCP 2012 for the proposed development are

outlined below:

Waverley DCP 2012 – Part B

General design provisions

Development Control Compliance Comment

1. Waste Yes

A SWRMP has been submitted with the

application.

4. Tree preservation

Yes

Tree Removal is accepted subject to

replacement tress being planted in the public

domain. Refer to the referral section of this

report.

5. Stormwater management Yes The plans provided are considered satisfactory.

6. Accessibility and

adaptability

Yes

The applicant has submitted a BCA compliance

report, which Council’s Senior Building Surveyor-

Fire Safety has accepted.

7. Transport

Yes

The application was referred to Manager

Transport and Development and was considered

satisfactory, subject to conditions.

ISSUES

Parking

The proposal does not seek to alter the staffing numbers at the premises and replaces existing

buildings with buildings of better amenity for the site workers. As such no requirement for

additional parking is generated. The site is serviced by good public transport, being close to the

Bondi Junction Bus/ Rail interchange.

Hours

The site is zoned Special Uses and the DCP does not have controls for hours of operation for this

zone or type of use. The proposal seeks to retain the existing (previously approved) hours of

operation from 5am to 8.30pm. The applicant has advised that the Depot operates in shifts

including;

Shift Time Days Staff Numbers

1 5am-2pm Monday - Sunday 25

2 6am- 3pm Monday - Sunday 2

3 7am – 4pm Monday - Sunday 4

4 11.30am – 8.30pm Wednesday - Sunday 5

Total 36

The activities of the staff on site are:

• Staff sign on and sign off

• Equipment storage

• Meal breaks

• Vehicle wash down

• General administration and meetings

The operational aspects of the proposal are considered satisfactory, in keeping with the previous

consent. It is noted that the previous consent allowed for 40 employees on site, therefore it is

considered appropriate to maintain this condition, despite the information submitted with this

application indicating a total of 36 persons. Council records have indicated no substantiated

complaints in relation to the operation of the site have been made to date. The proposal is

therefore considered to have acceptable impacts.

2.2 SECTION 79C(1)(B) – OTHER IMPACTS OF THE DEVELOPMENT

The BCA report submitted with the DA indicates that the proposed development is capable of

complying with the BCA.

It is considered that the proposal will have no significant detrimental effect relating to

environmental, social or economic impacts on the locality, subject to appropriate conditions being

imposed.

2.3 SECTION 79C(1)(C) – SUITABILITY OF THE SITE FOR THE DEVELOPMENT

The site is considered to be suitable for the proposed development.

2.4 SECTION 79C(1)(D) – ANY SUBMISSIONS

The original application was notified for 14 days in accordance with Waverley Development Control

Plan 2012, Part A – Advertised and Notified Development. 6 submissions were received during that

time. Following the deferral of the application for additional information, the proposal was

amended and re-notified. One additional submission was received to that application. The matters

raised in all submissions are summarised and discussed below;

Issue: Height of buildings

Response: Concern was raised at the impact of the height of the new buildings. The replacement

buildings remain single storey and fit under the Syd Einfeld ‘overpass’ and are similar in height to

the existing structures. The LEP height limit for this site is 15m and the proposed buildings comply

with this height.

Issue: Loss of 10 trees

Response: This issue was raised in a number of submissions and has been considered by Council’s

Tree Management Officer. The trees identified for removal are 10 melaleuca linarliforlia within the

site, along the Grafton Street edge. The removal is necessary to facilitate the new buildings and

was found acceptable by Council’s Tree Management Officer. Council’s Strategic Tree planning

Officer has also reviewed this aspect of the proposal, recommending measures to ensure the health

of the three existing spotted gum street trees to Grafton Street. To compensate for the loss of tress

within the site, it is recommended that five trees be planted on the nature strip of Grafton Street to

fill the gaps between Newland Street and Vernon Street. In addition, one additional tree is to be

planted in the nature strip on Vernon Street with additional low shrub planting. The trees are to be

Lilli Pilli or Blue Berry Ash. These additional plantings will provide a visual screen to the depot to

enhance the appearance of the area. This would address some of the concerns of the objectors in

this regard.

Issue: Noise from vehicles at 4.30am

Response: The hours of use of the Depot have been advised as commencing at 5am as shown in the

table outlining the shifts for the day in the body of this report. Any breach of these hours should be

reported to Council for action. The proposed hours will be enforced in the conditions of consent

should the application be approved.

Issue: Increased noise from depot

Response: The proposal is an upgrading of the existing facilities and although additional staff

amenity buildings are proposed (toilets, break room) the proposal does not seek to increase the

hours of operation or the staff numbers. The objectors have noted objections due to existing noise

disturbance from trucks/machinery, alarms, noting that attempts to report the disturbances to the

Council after hours number has been unsuccessful in the past. This matter is to be noted to the

Director of Waverley Renewal. The noise report provided with the application has been reviewed

by Council’s Environmental Health Officer and found satisfactory, subject to conditions of consent.

Issue: Traffic hazards from large trucks parking in Grafton Street

Response: The application was accompanied by an Assessment of Traffic Impacts prepared by

Transport and Urban Planning. The report suggests that the planned modifications will allow better

accessibility to the site by vehicles and result in improved operation and safety at the Depot. The

proposal and traffic impact report has been reviewed by Council’s Manager of Transport and

Development and deemed satisfactory, subject to conditions.

Issue: Impact on property values

Response: The site has been used as a depot since 2007 and there is no evidence to suggest that

the continued use will have any additional impacts in this regard.

Issue: Health of workers on site from Syd Einfeld Drive

Response: The objector has expressed concerns for workers of the depot regarding pollution from

Syd Einfeld Drive. The proposal is for continued use of the site with upgraded buildings. The site is

used as a depot, being occupied at limited times of the day and staff are to comply with

Occupational Health and Safety Policies.

Issue: Use was originally temporary

Response: The original consent was for a 5 year temporary use. The current proposal is for the

continued use of the land for the purposes of a depot without a further time restriction, although

this will be influenced by the longevity of the lease over the land from Roads Maritime Service.

2.5 SECTION 79C(1)(E) – PUBLIC INTEREST

It is considered that the proposal will have no detrimental effect on the public interest, subject to

appropriate conditions being imposed.

3. REFERRALS

3.1 Tree Management Officers– (Street trees and trees on site)

Council’s Tree Management Officer has reviewed the proposal and has agreed to the removal of 10

tea trees (Melelueca Linariifolia) within the boundary on the Grafton Street frontage.

Council’s Strategic Tree Planning Officer has also reviewed the proposal in relation to the three

eucalyptus trees located on the nature strip on Grafton Street (shown as four on the plan) are to be

retained and protected. However to account for the loss of 10 trees within the site, it is

recommended that replacement planting be provided on the nature strip, five replacement trees

are planted on the nature strip in Grafton Street to fill the gaps between Newland Street and

Vernon Street. One additional tree is to be planted in the nature strip on Vernon Street with

additional low shrub planting. The exact placement of the trees is to be confirmed with Council’s

Parks Operations team. Conditions are recommended in this regard.

3.2 Creating Waverley- (Stormwater and Traffic)

Council’s Senior Design Team Leader has reviewed the proposal with regards to stormwater

disposal and found the proposed stormwater plans satisfactory, noting that on-site detention

system is not required as the site is under Syd Einfeld Drive, and would not generate any

stormwater flow from storms. It was however noted that as a sewer line runs through the site,

plans must be presented to a Sydney Water Quick Check Agent for their approval.

Council’s Manager Transport and Development has reviewed the proposal and the Traffic Impact

Report with regards to vehicle movements and access. No objections were raised to approval of the

proposal subject to conditions of consent.

3.3 Building Waverley - (BCA Matters)

Council’s Senior Building Surveyor has reviewed the proposal including BCA and Accessibility

reports provided with the application and noted no objections reo the application, subject to

conditions of consent.

3.4 Safe Waverley – (Noise)

Council’s Senior Environmental Health Officer has reviewed the proposal and raised no objection,

subject to conditions which would be included in any approval granted.

3.5 Sustainable Waverley – (Water, waste and recycling)

Council’s Executive Manager – Sustainable Waverley and Waste Policy and Education Coordinator

have raised no objection to the proposal and provided conditions of consent.

4. SUMMARY

The application is a development application seeking to continue the use of the Council satellite

Depot which has been operational on the site since 2007. The initial consent had a time limit of 5

years. This application does not seek a limited consent. Ultimately the duration of the use as the

depot will depend on the lease arrangements with the land owner Transport NSW - Road and

Maritime Services.

The operating hours, number of staff and main activities remains unchanged. The application also

seeks approval for the replacement of some of the buildings on the site to provide improved

amenity for the workers (toilets, break room). The works involve the removal of 10 Melaleuca trees

on the Grafton Street side of the site.

The proposal has been reviewed by specialists departments of Council and is considered

satisfactory in terms of noise, traffic, waste and BCA issues. The removal of the trees within the site

was considered by Council’s Tree Management and Strategic Street Tree Officers and considered

satisfactory, provided that replacement plantings are provided on the nature strip. The existing

street trees are to remain. This additional vegetation will aid in screening the depot facility from the

street and provide a more superior streetscape presentation.

The application attracted seven objections when notified to the public. The objections were

considered in the assessment report and some of those matters can be resolved by Condition. The

outstanding matters however do not warrant refusal of the application. The application is

recommended for approval.

5. RECOMMENDATION TO WAVERLEY DEVELOPMENT ASSESSMENT PANEL

That the Development Application be APPROVED by the Waverley Development Assessment Panel

subject to the Conditions in Appendix A:

Report Prepared by:

Reviewed and agreed on behalf of the

Development and Building Unit by:

Peter Thomas

Senior Consultant Planner

28 January 2015

Beth Matlawski

A/Manager, Development Assessment (South)

5 February 2015

APPENDIX A – CONDITIONS OF CONSENT

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

The development must be in accordance with:

(a) Architectural Plan Nos 1411 DA01A-08A, tables and documentation prepared by Graham

Bakewell, dated June 2014, and received by Council on 8 September 2014,

(b) Stormwater Details and documentation prepared by Richmond and Ross dated July 2014, and

received by Council on 8 September 2014;

(c) BCA Report and documentation prepared by erbas received by Council on 8 September 2014;

(d) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the

SWRMP Checklist of Part B, Waverley DCP 2012.

(e) Recommendations contained in Section 7 of the Noise Assessment Report prepared by Renzo

Tonin and Associates, dated 3 October 2014.

Except where amended by the following conditions of consent.

2. MODIFICATIONS TO FENCING

(a) The fencing proposed on the Newland Street frontage between the new lunch room building and

the office building is to be setback inside the property boundary so that:

(i) The existing ‘telecoms pillar’ on the northern side of the driveway on Newland Street is

not behind any new fence.

(ii) To ensure that the pillar can be accessed at all times directly from the Newland Street

footpath without the need for persons to enter the depot site;

(iii) Vehicles exiting the site have an improved sighting of pedestrians walking in both

directions on the Council’s footpath.

Detailed plans of the amended fence line and gate at the exit driveway shall be submitted for the

approval of Council’s Executive Manager – Creating prior to the issue of the Construction Certificate

3. SLIDING GATE

Prior to the issue of the Construction Certificate, a plan shall be submitted to Council for the approval

of the Executive Manager – Creating Waverley confirming if the gate on the Newland Street driveway

will be a sliding or other type of gate.

4. CHANGES TO ON STREET PARKING CONDITIONS – NEWLAND STREET

Subject to the approval of the Waverley Traffic Committee, the existing unrestricted parking

immediately to the north of the proposed driveway shall be adjusted (shortened) in length or be

replaced with “No Stopping” or other parking control signage to facilitate the movement of trucks

existing the site.

5. REPLACEMENT TREE PLANTING

Five replacement trees are to be planted on the nature strip in Grafton street fill the gaps between

Newland Street and Vernon Street. One additional tree is to be planted in the nature strip on Vernon

Street with additional low shrub planting. The preferred location is to be confirmed with the Parks

Operations section of Waverley Renewal.

The trees are to be a minimum pot size of 100 litres and to be either Lilli Pilli (syzygium “Resilience” or

“Aussie Compact Southern”) or Blueberry Ash (Elaeocarpus reticulates). Understory planting is also

to be provided between the trees and must be shade tolerant species.

A landscaping plan demonstrating compliance with the above is to be submitted to the satisfaction of

Council’s Strategic Tree Planning Officer prior to the issue of a Construction Certificate.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

6. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental

Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in

accordance with the following:

(a) A cost report indicating the itemised cost of the development shall be completed and

submitted to council:

(1) Where the total development cost is less than $500,000:

"Waverley Council Cost Summary Report"; or,

(2) Where the total development cost is $500,000 or more:

"Waverley Council Registered Quantity Surveyor's Detailed Cost Report".

A copy of the required format for the cost reports may be obtained from Waverley Council

Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has

been paid to Council in accordance with this condition or that the cost of works is less than

$100,000.

(c) Should a section 96 modification result in any change to the total cost of the work, the Section

94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate,

evidence must be provided that the revised levy has been paid to Council in accordance with this

condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council

Customer Service Centre.

Advisory Note

- A development valued at $100,000 or less will be exempt from the levy.

- A development valued at $100,001 - $200,000 will attract a levy of 0.5%.

- A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the

development.

7. LONG SERVICE LEVY

A long service levy, as required under Section 34 of the Building and Construction Industry Long

Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the

levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate.

Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at

Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

8. NO BUILDING OR DEMOLITION WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

The building work, or demolition work, must not be commenced until:

(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of

appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning and

Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the

building works.

The owner/applicant may make application to Council or an Accredited Certifier for the issue of a

Construction Certificate and to be the Principle Certifying Authority.

9. HOARDING REQUIRED

A standard A-Class hoarding designed and constructed in accordance with the requirements of the

Work Cover Authority being erected on the street alignments of the property, prior to the

commencement of building operations, and such hoardings to be maintained during the course of

building operations. Details of the hoarding are to be provided to Council prior to issue of the

Construction Certificate.

Where the hoarding is to be erected over the footpath or any public place, the approval of Council

must be obtained prior to the erection of the hoarding.

10. CONSTRUCTION VEHICLE AND PEDESTRIAN PLAN OF MANAGEMENT

A "Construction Vehicle and Pedestrian Plan of Management" (CVPPM) is to be approved by Council

prior to the issue of a Construction Certificate and the undertaking of any demolition, excavation,

remediation or construction on the site.

The CVPPM shall provide details of the following:

(a) The proposed route to be taken by demolition/construction vehicles in the Waverley

Council area when accessing and exiting the site.

(b) The type and size of demolition/construction vehicles. Trucks with dog trailers and semi

trailers may not be approved for use if it is considered with the information submitted that

such vehicles cannot adequately and safely gain access to and from the site or where access

into or out of the site may not be not possible without the need to remove an unsatisfactory

number of vehicles parked on the roadway adjacent to or opposite the site.

(c) The location of truck holding areas remote from the site should Council not give approval

for demolition/construction vehicles to stand on the roadway in the vicinity of the site.

(d) Traffic control measures to be put in place when trucks, maneuvering in the vicinity of the

site, will interfere with the free flow of traffic.

(e) The location and materials of construction of temporary driveways providing access into

and out of the site.

(f) The location and length of any proposed Works/Construction Zones. Note: such zones

require the approval of the Waverley Traffic Committee and Council prior to installation.

(g) The hours of operation of demolition/construction vehicles.

(h) The number of and where it is proposed to park light vehicles associated with

staff/employees/contractors working on the site.

(i) How it is proposed to cater for the safe passage of pedestrians past the site. The details shall

include:

• the route required to be taken by pedestrians including signage and any other control

measures that will need to be put in place to direct and keep pedestrians on the required

route;

• any obstructions such as street furniture, trees and bollards etc., that may interfere with

the safe passage of pedestrians;

• the type(s) of material on which pedestrians will be required to walk;

• the width of the pathway on the route;

• the location and type of proposed hoardings;

• the location of existing street lighting.

11. ENGINEERING DETAILS

Structural details prepared and certified by a practicing Structural Engineer being furnished to Council

or Accredited Certifier in connection with all structural components prior to the issue of a

Construction Certificate.

12. NOISE EMISSIONS

The use of the premises shall not give rise to:

(a) Transmission of "Offensive noise" as defined in the Protection of the Environment Operations Act

1997 to any place of different occupancy;

(b) A sound pressure level at any affected premises that exceeds the background (LA90) noise level in

the absence of the noise under consideration by more than 5dB(A). The background noise level

must be measured in the absence of noise emitted from the use in accordance with Australian

Standard 1055.

13. FENCE NOT TO ENCROACH BEYOND BOUNDARIES

No portion of the proposed fence, including the footings, is to encroach beyond the boundaries of the

subject property, without evidence that the owner of the adjoining property has no objection to the

encroachment.

14. LONG SECTION OF DRIVEWAY

Long sections, drawn along both edges of the new ramp shall be submitted to Council for the

approval of the Executive Manager, Creating Waverley prior to issue of the Construction Certificate.

The long sections shall:

1. Be drawn at a scale of 1:25

2. Be drawn between the start of the ramp at its western end and the gutter invert at the

proposed driveway on Newland Street.

3. Include the existing levels and the design levels.

4. Include ground clearance for the B85 design vehicle using the ground clearance template

contained in Appendix C of AS 2890.1: 2004 Off Street Car Parking.

15. ROOFWATER GUTTERING

All new or replacement roof guttering is to comply with the requirements of the Building Code of

Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected

roof water does not flow back into the building.

16. USE OF RENEWABLE TIMBERS

Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as

Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in

buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed

timber products to be used in the building is to be submitted for approval by the Principle Certifying

Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not

recommended in Council's Policy, reasons are to be given why the alternative timbers recommended

cannot be used.

17. SUITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) shall be submitted to the Principal Certifying

Authority for approval in accordance with Waverley DCP 2012 prior to the issue of the Construction

Certificate. In this regard, Council expects demolition and excavated material to be reused and/or

recycled wherever possible.

The builder and all subcontractors shall comply with the approved SWRMP at all times during

demolition and construction. At least one copy of the SWRMP is to be available on site at all times

during demolition and construction. Copies of demolition and construction waste dockets that verify

the facility that received the material for recycling or disposal and the quantity of waste received,

must be retained on-site at all times during construction.

18. WASTE AND RECYCLING STORAGE AND COLLECTION

(a) The proposal must have a bin storage point for a minimum;

• 1 x 240L MGBs for general waste, and

• 1 x 240L MGBs for recyclables.

(b) The waste and recycling storage rooms must be built to meet all appropriate design

requirements set in Part B, Section 1.2.1, Section 1.2.3 and Section 1.2.4 of Waverley Council

Development Control Plan 2012.

(c) Suitable storage facilities must be provided for temporary, safe and secure storage of

problematic wastes that may be collected while carrying out Council operations.

(d) Space must be made available for temporary infrastructure to support a residential drop-off

point for problematic wastes.

(e) Access and space must be provided for the placement of temporary containers for a

minimum of two Council-run problematic waste collection days for the community each year.

(f) Noise and odour generated from the facility must not impact on adjoining properties.

(g) Clear and easy signs identifying the different MGB and where the MGBs should be stored in

the storage area(s) must be displayed.

The above matters are to be shown in the Construction Certificate drawings and submitted to the

satisfaction of Council's Sustainable Waverley staff prior to the issue of a Construction Certificate.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

19. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or

demolition commences of:

(a) the name and contractor licence number of the licensee who has contracted to do, or intends to

do, work ; or

(b) the name and permit number of the owner/builder who intends to do the work; and

(c) any change to these arrangements for doing of the work.

20. CONSTRUCTION SIGNS

Prior to commencement of any works on the site and during construction a sign shall be erected on

the main frontage of the site detailing the name, address and contact details (including a telephone

number) of the Principal Certifying Authority and principal contractor (the coordinator of the building

works). The sign shall be clearly legible from the adjoining street/public areas and maintained

throughout the building works.

21. EXCAVATION AND BACKFILLING

All excavations and backfilling associated with the erection or demolition of a building must be

executed safely and in accordance with the appropriate professional standards and must be properly

guarded and protected to prevent them from being dangerous to life or property.

22. NO USE OF ORGANOCHLORIN PESTICIDES

The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to

Council Policy. Only physical barriers are to be used for termite control. The building shall comply

with Australian Standard 3660: Protection of building from subterranean termites - prevention,

detection and treatment of infestation.

23. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

All site works complying with the occupational health and safety requirements of WorkCover NSW.

24. CLASSIFICATION OF WASTE/ DISPOSAL OF EXCAVATED SOILS

That prior to the exportation of waste (including fill or soil) from the site the material must be

classified in accordance with the provisions of the Protection of the Environment Operations Act,

1997 and the NSW EPA Waste classification guidelines 2009. The classification of the material is

essential to determine where the waste may be legally taken. The Protection of the Environment

Operations Act 1997 provides for the commission of an offence for both the waste owner and the

transporters if the waste is taken to a place that cannot lawfully be used as a waste facility for the

particular class of waste. For the transport and disposal of industrial, hazardous or Group A liquid

waste advice should be sought from the NSW EPA.

25. STOCKPILES

Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line

or easement, natural watercourse, footpath or roadway and shall be protected with adequate

sediment controls.

26. LOCATION OF BUILDING OPERATIONS

Building operations such as brick cutting, washing tools or brushes and mixing mortar are not

permitted on public roadways or footpaths or in any locations which could lead to the discharge of

materials into the stormwater drainage system.

27. ALL BUILDING MATERIALS STORED ON SITE

All building materials and any other items associated with the development are to be stored within

the confines of the property. No materials are to be stored on Council's footpath, nature strip, or

road reserve without prior Council approval.

28. CONSTRUCTION HOURS

Demolition and building work must only be undertaken between the hours of 7am and 5pm on

Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction)

and Sunday which form part of public holiday weekends;

(b) Sundays and public holidays; and

(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction)

and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by

the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environmental Operations

(Noise Control) Regulation 2000.

29. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of

Australia.

30. GENERAL SANITARY FACILITIES

Sanitary facilities shall be provided to the premises in accordance with the requirements of the

Building Code of Australia.

31. ESSENTIAL SERVICES - NEW BUILDING

Details of the proposed essential fire safety measures/services shall be submitted to Council with the

application for a Construction Certificate or be attached to the Construction Certificate, including a

certificate, prepared by a person competent to do so, setting out the:

(a) basis of design;

(b) standard to which the system is to be installed; and

(c) all relevant documentation, including all drawings such as wiring diagrams, duct layouts, hydraulic

schematics etc and calculations shall be submitted for Council's records.

At the completion of the installation, certification containing the following information shall be

attached to the application for an Occupation Certificate or to the Occupation Certificate:

(a) inspection, testing and commissioning details;

(b) date of inspection, testing and commissioning;

(c) the name and address of the individual who carried out the test; and

(d) a statement that the service has been designed, installed and is capable of operating to the above

standard.

32. BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION ACT) - INSPECTIONS

(COMMERCIAL CLASS 5, 6, 7, 8 AND 9)

The building works are to be inspected during construction by the Principal Certifying Authority (PCA)

and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the

Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance

with the relevant terms of conditions of development consent and standards of construction detailed

in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of

construction and/or issue of an Occupation Certification.

MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during

specified stages of construction and prior to issuing an Occupation Certificate.

The specified MANDATORY inspections are:

In the case of a Class 5, 6, 7, 8 or 9 building:

(a) at the commencement of the building work;

(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.

The following additional inspections are required to be undertaken by the PCA:

(a) sediment control measures prior to the commencement of building work;

(b) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls); and

Note: Certification may be required from a suitably qualified person, in relation to specialist matters,

verifying that particular works satisfy the relevant requirements of the Building Code of Australia and

standards of construction.

33. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING

A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and

the actual situation of the building on the site is to be submitted to the Principal Certifying Authority

to certify the building is located in accordance with the development consent plans. The Certificate is

to be submitted prior to the construction of the external walls above the ground floor level of the

building.

34. WATER PROOFING

The floor and wall surfaces of the proposed wet areas being protected against water in accordance

with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited

Certifier.

Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within

residential buildings.

35. HOT TAP WATER SCALDING

To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or

replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet

of all sanitary fixtures used for personal hygiene.

36. SMOKE ALARM SYSTEM

A smoke alarm system is to be installed within the building in accordance with the requirements of

the Building Code of Australia.

37. SIGNAGE AT EXIT DRIVEWAY TO NEWLAND STREET

(i) “STOP” and “All Traffic” (left) signs shall be installed inside and adjacent to the Newland

street property boundary and face drivers exiting the site.

(ii) “NO ENTRY” sign(s) are to be installed facing Newland Street.

38. NEW VEHICLE CROSSING

A new vehicle crossing is to be provided for vehicles exiting the suite into Newland Street. A separate

application is required for the new vehicle crossing with all works to be carried out with the approval

of and in accordance with the requirements of Council.

39. TREE PRESERVATION

A tree preservation order exists in the Waverley Local Government Area. Before any site can be

developed, an application must be made in writing to Council prior to removal of tree/trees. Should

permission be granted, the applicant will receive a permit to proceed.

40. LANDSCAPE CONSULTANT

A qualified Landscape and/or Arboricultural Consultant shall be retained for the duration of the

construction of the development.

The Consultant shall be engaged to ensure that tree protection measures are in place on the three (3)

Eucalyptus trees on the nature strip along Grafton Street.

Trunk protection as per AS 4970 – 2009, Section 4.5.3 is to be installed. Padding to be used shall be

non-absorbing or free draining to prevent moisture build up around the part being protected.

The trunk protection shall consist of a layer of carpet underfelt (or similar) wrapped around the trunk,

followed by 1.8 metre lengths of softwood timbers (90 x 45mm in section) aligned vertically and

spaced evenly around the trunk at 150mm centres (i.e. with a 50mm gap) and secured together with

2mm galvanised wire or galvanised hoop strap. The timbers shall be wrapped around the trunk (over

the carpet underfelt), but not fixed to the tree to avoid mechanical injury or damage to the trunk.

Trunk protection must be installed prior to any site works including demolition and maintained in

good condition for the duration of the construction period.

41. TREE PROTECTION

Precautions shall be taken when working near trees to ensure their retention, including the following:

(a) Do not store harmful or bulk materials or spoil under or near trees;

(b) Prevent damage to bark and root system;

(c) Do not use mechanical methods to excavate within root zones;

(d) Do not add or remove topsoil from under the drip line;

(e) Do not compact ground under the drip line;

(f) Do not mix or dispose of liquids within the drip line of the tree; and

(g) All trees marked for retention must have a protective fence/guard placed around a nominated

perimeter.

42. DEMOLITION AND CONSTRUCTION MANAGEMENT

The applicant must ensure that the waste generated during the demolition and construction phase

complies with the following;

(a) Separate collection bins or areas for the storage of waste is to be provided (giving

consideration to slope, drainage, vegetation, access and handling requirements including:

(i) Landfill waste;

(ii) Recyclable waste;

(iii) Materials to be re-used on-site; and / or

(iv) Excavation materials.

See Annexure B1-1 of the Waverley DCP for common building materials re-use and

recycling potential.

(b) A 100% re-use of sandstone is required.

(c) All storage areas/ containers are to be located within the property boundary and indicated on

the site plans / drawings as part of the SWRMP.

(d) Where space on a development is limited, approval may be granted by Council to place a skip

on a footpath or other public area in line with Part B of Waverley DCP 2012.

(e) Waste and recycling containers/skips may only be provided by persons/companies holding a

current permit granted by Council.

(f) Asbestos and other hazardous material is to be managed under the Protection of the

Environment Operations Act. For further information go to Councils Asbestos Policy 2005 and

www.nsw.gov.au/fibro and www.workcover.nsw.gov.au.

(g) Materials that cannot be reused or recycled should be disposed of at an ‘approved’ landfill

and specified in the SWRMP.

(h) Records are to be retained on-site demonstrating lawful disposal of waste.

(i) Easy vehicular access to waste and recycling material storage areas must be provided.

(j) Construction materials are to be stored away from waste and recycling materials to enable

easy access for waste collectors.

(k) All waste and recycling is to be is to be stored to prevent damage by the elements, odour,

health risks and windborne litter.

43. TRUCK WASH BAY/ WATER RECYCLING

To ensure the vehicle and equipment wash components of Syd Einfeld Sub Depot operate in

accordance with Protection of the Environment Operations Act 1997 and the Work Health and Safety

Act 2011, the following must occur:

(a) Provide a copy of signed Sydney Water consent (and conditions thereof) to discharge

industrial trade wastewater to sewer.

(b) Provide a report from a wastewater expert confirming that for vehicle and equipment wash:

(i) Appropriate bunding is included in the proposed development to prevent polluted

water entering the stormwater system.

(ii) A wastewater treatment system that complies with Sydney Water trade waste

consent is installed and is operating on site including: flow measurement device to

measure trade wastewater discharge to sewer; and, collection and analysis of

samples of trade wastewater.

(iii) The wastewater reuse components of any existing wastewater treatment system

have been de-commissioned. And that no further wastewater reuse system is

proposed for the site.

(c) Provide confirmation that no rainwater harvesting or stormwater treatment system is

proposed for the development.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

44. STORAGE OF CHEMICALS

All chemicals shall be stored in accordance with the requirements of NSW Work Cover Authority.

45. VEHICLE MOVEMENTS

Under normal operation of the depot, all vehicle movements into the site shall be via Vernon Street

and all existing movements shall be via Newland Street.

46. LIGHTING

LED lighting to be installed on site in compliance with the OEH Energy Efficiency technology Report

2014. Lighting timers and sensors to be installed.

47. FINAL OCCUPATION CERTIFICATE

The Principal Certifying Authority prior to occupation or use of the development must issue a final

Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be

satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act,

1979 have been satisfied.

48. HOURS OF OPERATION

The hours of operation of the Depot (excepting during emergencies or special circumstances) is to be

confined to between the hours of 5am and 8.30 pm Monday to Sunday with 40 staff on site.