26 September 2011 A meeting of the INDEPENDENT HEARING AND ASSESSMENT PANEL will be held in the Queens Park Room, Level 3, Waverley Council Chambers, Corner Bondi Road & Paul Street, Bondi Junction at:

6.00PM, WEDNESDAY, 5 OCTOBER 2011 COMMITTEE MEMBERS:

Tina Spiegel (Chair) Jocelyn Jackson Silvija Smits Paula Masselos

QUORUM: Three Panel members.

Tony Reed GENERAL MANAGER

Waverley Council

PO Box 9, Bondi Junction, NSW 1355 DX 12006 Bondi Junction. Telephone: 9369 8000 Fax: 9387 1820 TTY: 9389 9827 (For hearing impaired)

Website: www.waverley.nsw.gov.au

Independent Hearing & Assessment Panel Meeting – Wednesday, 5 October 2011 2

AGENDA IHAP-1110.A Apologies IHAP-1110.DI Declarations of Interest

MATTERS TO BE SUBMITTED TO THE DEVELOPMENT CONTROL COMMITTEE WITH A RECOMMENDATION FROM THE PANEL

IHAP-1110.1 PAGE 3 52 Edward Street, Bondi – Alterations and additions to existing residential flat building and amended subdivision plan (DA 414/2010) Report dated 17 August 2011 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report.

52 Edward Street, Bondi – Alterations and additions to existing residential flat building and amended subdivision plan (DA 414/2010) Report dated 17 August 2011 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the recommendation contained in this report. Referred to DCC & IHAP given the number of submissions received.

Development Assessment Report Development Application No. 414/2010 Address 52 Edward Street, Bondi Lodgement Date 6 August 2010 Proposal

Alterations and additions to an existing residential flat building including attic level, additional unit, new common roof terrace and amended subdivision plan.

Zoning and relevant controls

Waverley Local Environmental Plan 1996 * Residential 2 (c1) under Waverley Development Control Plan 2010

Owner The Owners of Strata Plan 21824 Applicant David Ostinga Building Classification Class 2 under Building Code of Australia Submissions Seven (7) submissions Issues FSR, attic level and balconies / privacy Recommendation Approval subject to conditions

Site Map

3

1. PREAMBLE

1.1 The Site and its Locality The subject site is located on the corner of Edward Street and Edward Lane. Currently existing on the site is a two storey residential flat building containing 4 one bedroom flats. In its current state, the building is dilapidated and unsightly and in need of repairs. Located at the rear to the south of the site is a separate outbuilding (facing Edward Lane) containing four (4) garages and a communal laundry. On top of the existing garages is a roof terrace with a communal clothes line, which serves also as a common outdoor area. The site is predominantly rectangular in shape with angled ends. The angled street frontage to Edward Street is 8.45m, 47.59m frontage to Edward Lane (west side boundary) and a total site area of 310 m2. Adjoining the site immediately to the west (54 Edward Street) is a two storey semi detached dwelling with a single car space at the rear. Immediately to the East (across Edward lane) is a duplex development known as nos. 1 and 2 / 50 Edward Street. To the south-west are a number of residential flat buildings 2 to 4 storeys in height and to the north across Edward Street are a mix of free standing traditional and contemporary houses. The subject residential flat building is not listed as an item of local significance on Waverley Council LEP 1996, not within a heritage conservation area and is not located within a residential character study area.

1.2 Background Council's records indicate that no previous development applications have been determined for the subject site. On 6 August 2010, this application was lodged and proposed the alterations and additions to an existing residential flat building including attic level, additional unit and roof terrace over existing garage. This application was deferred for submission of additional information with regard to landscape plan, State Environmental Planning Policy (SEPP) No. 65 assessment, compliance table, photomontage, site analysis and payment of additional development application fees. Additional information were submitted on 23 February 2011, and the application was referred to SEPP 65 meeting on 16 March 2011. On 17 May and then on 22 August, the application was deferred on the applicant’s request. On 22 September 2011 amended plans in respect to the rear roof deck and front landscaping area were lodged.

1.3 Proposal Description The subject application seeks consent for the following works:

• A new apartment unit 5 is proposed at the southern rear end of the site and is to be located above the existing garages at first floor. The proposed one bedroom unit is approximately 50 square metres in area and will have a separate private outdoor area to its north.

• A second common laundry is proposed adjacent the new unit 5 at first floor.

4

• A new common roof terrace at second floor containing a garden on the western side, associated stairs, undercover shade cloth area and clothes drying lines.

• Alterations and additions to unit 3 to include a bedroom, bathroom and front deck at a new attic level, bathroom.

• New garbage storage area to be incorporated at front yard (garden level) fronting Edward Street to accommodate 6 bins and rainwater tanks.

• Increase height of front fence to match height of the adjoining fence at no 54 Edward Street.

• Amended subdivision plan.

2. ASSESSMENT The following matters are to be 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.

2.1.1 State/Regional Environmental Planning Policies State Environmental Planning Policy No. 65 – Design quality of Residential Flat Development The application is subject to SEPP 65 assessment, which seeks to improve the design quality of residential flat development by assessing an application against 10 design principles. This application (DA 414/2010) was referred to the Joint Randwick / Waverley Design Review Panel for comments in 16 March 2011, as required by SEPP 65. The following comments / recommendations are provided by the Panel in respect of the ten design criteria of SEPP 65:

1. Relationship to the Context of the Proposal The proposal is very well described in the documentation provided (although some of the text is very small to read). The building sits on a compact corner site in an area dominated by a variety of apartment buildings and single and detached residences. The main frontage is to Edward Street, while there are lane frontages to the east and south. The site is within walking distance of shops, public transport and Bondi Beach. It is ideal for intensified use. There is a large unkempt road reserve to the north street frontage. It would seem more appropriate if the new fence proposal continued the lower sandstone wall height of the neighbour along Edward Street and set back with planting. The second retaining wall could remain as proposed to make the planted edge more visible. Improvements to the street reserves could also be considered within the same landscape design. This would be particularly necessary if the bins were to be housed in a recess off Edward Lane rather than creating more hard landscaped area in the front garden space. The proposal to render and paint the existing front brick addition and to regularise its roof form are considered a vast improvement to the current presentation of the building. 2. The Scale of the Proposal The proposed additional height to house a mezzanine level (around 500mm at the ridge area only) is considered acceptable as the buildings to the west rise above this level.

5

The additional apartment above the garages is well designed and creates the opportunity to improve the quality of the street. The existing common roof deck over the garage is moved up one level above the apartment. The neighbour on the west also has the potential for a roof terrace area above garages in the future. The building neatly turns the corner along the south and the design will allow for good street surveillance for safety without compromising privacy for the neighbours. The shade structure to the roof terrace could be moved north to reduce the height on the corner. 3. The Built Form of the Proposal The proposed built form is supported by the Panel as it is a definite improvement to the existing condition. The additions will assist the building owners to upgrade the remainder of the site and the Panel would like the following further improvements to be part of this application:

- Shading and weather protection to existing and new windows to the north and east. - rectification works to the facade of the rear portion of the existing building particularly

the upper kitchen and balcony where there is currently some below standard building work.

- weather protection to the front door to Unit 1 and to the new north deck (Unit 3) could be considered.

- incorporate laundries within the Units and reduce (or eliminate) at least one of the proposed common laundry spaces. These areas could be used for storage or garbage stores.

- garbage room should be relocated from the front garden, perhaps to the lane frontage under the stairs or building

- Drawing P-04 shows the common roof deck as paving on the mezzanine floor plan and timber decking on the roof plan. This needs to be clarified. Timber decking would reduce heat gain to the unit below. Paving would have to be laid over polystyrene insulation (or similar detail).

4. The Proposed Density Satisfactory. 5. Resource and Energy Use and Water Efficiency A stormwater collection tank could be provided to subfloor areas, and it should be used to provide water supply for toilet flushing and garden irrigation. Sunshading as previously noted needs to be incorporated into the design. The west facing skylight to the new unit should be considered carefully for the extra heat load it will create. Obtaining south light and opportunities for ventilation through stack effect may be more successful. BCA advice would be required. Ceiling fans should be provided to all bedrooms (and indicated on the plans). 6. The Proposed Landscape A straightforward landscape plan has been provided however the input of a qualified Landscape Architect should be sought and proposals for the upgrade of the footpath areas should be discussed with council. Native species such are preferred.

6

The garbage room should be relocated from the front garden, which would allow the whole area to remain as deep soil planting. 7. The Amenity of the Proposal for its Users Satisfactory – subject to the above suggested improvements. The alterations to existing units and the planning of the new unit are well considered, optimising usable space and passive systems. 8. The Safety and Security Characteristics of the Proposal The surveillance of street and lanes is improved. The means of BCA compliance should be shown on the plans, where it potentially compromises the quality of the units (protection of openings, etc). 9. Social issues The addition of a small apartment on this site to help fund improvements to a poor grade building is a commendable approach. This project would be a great prototype for improvements of small existing apartment buildings through Waverley's area. 10. The Aesthetics of the Proposal The aesthetics are understated and thoughtfully considered. Summary and Recommendations It is the Panel’s opinion that this is a well designed proposal which performs well in terms of SEPP 65 and proposes sensible adaptations and additions to an ordinary existing building. The drawings are clear and well describe the design changes proposed.” Comment - Various changes are recommended to the scheme. Most of these changes are supported, however some such as relocation of the front bin area are not considered reasonable. This is a practical location for a bin store (given collection takes place from the corner of Edward Street and Edward Lane). Therefore, should the application be approved, it is recommended that the following additional changes via general modification conditions shall be imposed:-

(a) Shading and weather protection devices are to be provided to existing and new windows to the north and east.

(b) Details and provision of rectification works to the facade of the rear portion of the existing building particularly the upper kitchen and balcony where there is currently some below standard building work.

(c) Weather protection to the front door to Unit 1 shall be provided. (d) Existing sandstone base to building is to be re-pointed and failing stone replaced. (e) Repair, re-paint or make-good existing windows, balustrades and external facades.

2.1.2 Waverley Local Environmental Plan 1996

The site is zoned Residential 2(c1) under Council’s LEP. The proposal is permissible with Council’s consent within the zone. The proposal is considered to be consistent with the relevant objectives of the zone as it maintains a reasonable level of amenity to surrounding properties, subject to conditions as recommended below. The site is not listed as a heritage item, and is not within an Urban Conservation Area under Council’s LEP.

7

The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed.

2.1.3 Waverley Development Control Plan 2010- D2 Multi-Unit and J1 Transport Controls COMPLIANCE CHECK – RESIDENTIAL 2(C1)

Control Standard Proposed Compliance Height

• Wall height 9.5m • Overall height 12.5m • Number of storeys 3

• 9.5m • 12.2m • 3 storeys

(proposed) 2 storeys (existing)

• Yes • Yes • Yes

Maximum FSR Site Area 310.40m2

• 0.9:1 279.40m2

• 0.97:1 302.40m2

(proposed) 0.75:1

232.90m2 (existing)

• No

Setbacks – Front Rear Side

• Predominant setback • Nil (0) m • 4.5m and 6m for living

areas facing side

• Existing • Remain as

existing • 0-0.9m (existing)

0-0.9m (proposed)

• Yes • Yes • N/A

Sunlight • 50% of units minimum 3 hours 9am-3pm

• New development will not reduce solar access of adjoining property to less than 2 hours per day in mid winter

• Satisfied • Adequate solar

access to units on the adjoining property

• Yes • Yes

Minimum unit size • 1 bedroom 50m • 50m2 • Yes Parking Spaces (Zone B)

• 2.0 – 4.0 spaces required • Nil visitors

• 4 spaces (as existing)

• Yes

Attic Level • Fit within building envelope

• Connected to unit below • 1.5m max width for

dormers • Must be setback a

minimum of 2m from the edges of the building below

• Contained within existing envelope

• Addition to unit 3 below

• Dormer width 2.3m

• 770m setback from the northern edge of the building & nil (0) setback from eastern edge

• Yes • Yes • No • No

Balconies / deck • Minimum area 10m2 and minimum depth 2.5m

• Common roof area 61m2 & depth 5m

• Unit 3 deck area 20m2 & depth 4m

• Unit 5 deck area

• No • No

8

COMPLIANCE CHECK – RESIDENTIAL 2(C1) Control Standard Proposed Compliance

14m2 & depth 3.5m

• No

The proposal generally complies with the above Council’s numeric controls under WDCP except for those concerning floor space, attic levels and balconies / decks. Floor space ratio The existing residential flat building has an FSR of 0.75:1. The proposed development with an FSR of 0.97:1 does not comply with Council’s maximum floor space ratio (FSR) control for the site of 0.9:1. The proposed area of non-compliance with the permitted maximum FSR under the DCP measures approximately 23 square metres, and generally relates to the additional new attic level proposed above unit 3 and the new apartment unit 5. In this instance, the variation to the FSR sought is considered minor and therefore supported given that the general form of proposed development is considered acceptable on this site and the visual bulk, scale and height is compatible to that of other residential flat building in close proximity of the site. Despite the numerical non-compliance, the FSR is consistent with the objectives of the density provisions in Council’s DCP. Attic Level / roof design An attic level to a residential flat building within a pitched roof form is generally encouraged by the controls under the DCP. The attic level proposed would be partly contained within the existing building envelope with some slight increase in height by approximately 600mm to 1.7m to the existing overall height of the flat building due to the provision of additional roof area (however the proposal is within the maximum permissible 12.5m height limit). The attic level would provide additional habitable space to unit 3 below and it is considered that the design, whilst having dormers in excess of the numeric width maximum 1.5m control by only 800mm, would be acceptable in its context as it faces to the rear and accommodates a bathroom only. In regard to the nil (0) setback proposed in the attic level from the eastern edge, It is considered that the constraints of this site are such that a nominal variation to the attic controls in the DCP would be reasonable.

Balconies / decks / privacy The application seeks to provide various depths and areas for balconies / decks, whereby the controls in Council’s DCP requires a minimum 2.5m depth and maximum 10 square metres in area respectively. Concerns are raised by numerous objectors that the new common roof terrace at the rear of the site will create direct visual sightlines into adjoining dwellings and rear courtyards, as well as, loss of privacy, noise impacts and anti-social behaviour given its size / area and the unlimited access. It is to be noted that the site has already a common roof terrace above the existing garages at the southern rear end at second floor level. The roof terrace is currently accessible from the common rear stairs for all occupants of the building to use. The proposal is to provide at the same location a new common roof terrace area (on top of the proposed new unit 5), which is one level higher at third floor.

9

The new common roof terrace will have a greater impact than the existing roof terrace as it is at a higher level and would increase overlooking into the adjoining dwellings and its rear yard. However, it is acknowledged that this development has limited outdoor space for recreation and clothes drying. This issue was discussed with the applicant and amended plans provided, that reduced the rear roof terrace to a smaller ‘clothes drying’ area and also provided for better use of the front setback area as communal open space. These modifications reduce the impacts of the previously proposed roof terrace and also adequately address the building’s requirements for outdoor areas. A condition recognising these modifications to the scheme is recommended. The new balcony of unit 3 at attic level faces the street and is off a bedroom area and for the exclusive use of one unit. This deck is supported In regard to the balcony area and depth for Unit 5, this balcony is modest in size and the current residential flat controls generally require some form of open space to residential units. This balcony is considered acceptable given that it is at the same location as the existing common roof terrace (above the existing garage structure) on the site.

3 REFERRALS

3.1 External

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65) The application was referred to the SEPP 65 Design review Panel, and their comments have been already addressed in this report.

3.2 Internal Social Planner The application was referred to Waverley Council Housing Officer who advised that, the physical and monetary contribution towards Waverley Council’s Affordable Housing Program does not apply. No objection is raised to the proposal in this regard. Fire Safety Officer The application was referred to Waverley Council’s Fire Safety Officer who advised that there are a number of non-compliances with some deemed to satisfy provisions of the Building Code of Australia, which are to be addressed by conditions of consent. Environmental Services The application was referred to Waverley Council’s Environmental Officer who advised that a total of 5 storage bins are to be provided on site. A condition is to be attached in this regard. Vehicular Access The application was referred to Waverley Council’s Technical Services Department and was considered to be satisfactory subject to conditions.

10

Public Domain/Tree Preservation The application was referred to Waverley Council’s Tree Planning Officer for comments. No objections were raised to the proposal subject to the retention of two trees at the front of the property and amended landscape plan – conditions in respect to the front landscape area generally achieve retention of adequate landscaping.

11

Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposal is considered likely to result in unreasonable impacts upon the adjoining properties, the natural and built environment, and no further social or economic impacts are expected as a result of the proposal subject to special conditions. The application satisfies this section of the Act having regard to the above analysis.

Section 79C(1)(c) - The suitability of the site for the development. The site is considered to be suitable for the proposed development.

4. PUBLIC SUBMISSION The application was notified for 14 days in accordance with Waverley Development Control Plan 2010, Part C3 – Advertised and Notified Development. Seven (7) submissions were received from the adjoining properties. The issues raised in the submission are summarised and discussed below.

Property Location Summary of Objections

1/50 Edward Street Across the lane to the east *Privacy *Car parking

2/50 Edward Street Across the lane to the east *Privacy *Overshadowing *Car Parking

2 Rockley Street To the south (rear) *Bulk / FSR *Attic level *Side and rear setbacks *Privacy *Roof terrace

6 Rockley Street To the south (rear) *Roof terrace / privacy

8 Rockley Street To the south (rear) *Car parking *Outlook and views

2/1 Imperial Ave To the south - east *Car Parking *Roof terrace *Devalue property

13 Imperial Ave To the south- east *Car parking Issue: Side / rear setbacks, roof terrace / privacy, attic level, bulk / FSR Comment – These issues have been discussed in detail above in the assessment report. It is to be noted that there are no windows proposed at the southern elevation for the additional new unit 5, which would affect the privacy of adjoining properties. Issue: Car Parking Comment – The applicant proposed to accommodate 4 car parking spaces as existing, which currently are not used as the garages as it is in poor conditions and not suited to contemporary vehicular accommodation. The applicant advised that the old garage doors would be replaced with new motorized remote control doors, which would make it easier for

12

the residents to use their garages to park cars instead of the current use of storage. Considering that the upgrading of existing garages would improve the parking situation for the occupants of the residential building and the provision for 4 car spaces does satisfy the minimum required 2 and maximum of 4 spaces under the Waverley DCP, the proposal is considered acceptable. Issue: Outlook and views Comment – There is no loss of any significant view from the adjacent properties due to the proposal. Issue: Devalue property Comment – This aspect is not a planning issue. Issue – Overshadowing Comment – It is considered that the resultant overshadowing impact to adjacent properties would not be unreasonable and to such an extent that it would warrant refusal of the application. Furthermore having regard to the orientation of the site, it is envisaged that the majority of additional shadows would be cast to the rear lane in mid-winter as a result of the proposed floor addition. Section 79C(1)(e) - The public interest. It is not considered that the application is against the public interest.

5. DEVELOPMENT AND BUILDING UNIT (DBU) REVIEW The DBU inspected the site and noted the run-down state of the existing building that appears to be an old house that has been converted by various additions to a small residential flat building. The SEPP 65 Panel’s generally supportive comments were also noted and in general their recommendations to finesse the proposal supported, with some exceptions. For example, the new bin area in the front yard is supported as a practical and necessary improvement. Otherwise, the recommendations regarding maintenance to the sandstone base of the building are supported. In general, the works proposed would appear to enhance the amenity and look of this building but still retain its quirky character. The additional unit above the garage was considered acceptable on urban design and environmental impacts grounds. The garages are on a laneway corner and adjoining development is varied. A small dwelling above the existing garages is considered consistent with Council’s laneway controls and will contribute to the laneway streetscape and provide for some surveillance of this currently neglected space. A bulkier laneway structure, than generally allowed under the laneway controls for dwelling houses is supported in this instance as the building is in a Residential 2(c1) zone and the structure located on a lane corner. The new unit replaces an existing communal terrace area, that in the DBU’s opinion provides some trade-offs in terms of impacts on neighbours (e.g. reduced privacy impacts vs. greater building bulk). However, the addition of a new and higher full-level communal terrace on top of the garages and new unit was considered unreasonable on privacy (visual and aural) grounds. The DBU raised the matter of the rear roof terrace with the applicant and it became apparent one of the main reasons for the roof terrace was to provide a drying area for the communal laundries below and on that basis a smaller more utilitarian terrace area was proposed. Also a revised landscape plan allowing for use of the front setback area as a communal terrace was also provided to compensate for the part loss of the roof terrace – a ground level area is considered more suited to use as communal open space. The smaller drying area is

13

considered to have minor and acceptable privacy impacts on neighbours and the communal area to the front yard compliments the treatment already proposed to this area and is a better location for communal open space (eg at ground level / north facing). The application is recommended for conditional approval.

6. RECOMMENDATION That Development Application No. 414/2010 at 52 Edward Street, Bondi for alterations and additions to residential flat building including attic, additional unit and roof terrace be approved by Council, subject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan Nos P-02 to P-09 Revision B, tables and documentation prepared by

Ostinga Design Architects, dated 21 February 2011, and received by Council on date 21 February 2011,

(b) BASIX Certificate; and, (c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance

with the SWRMP Checklist of Part G1, Waverley DCP 2010. Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS The proposal shall be amended as follows:

(a) Rear roof terrace - The communal terrace over the rear garages and new unit is to be modified in accordance with amended plan Nos Sk -01 issue D dated 21/09/2011prepared by Ostinga Architecturea received by Council on 22 September 2011 and the remaining roof area is to be non-trafficable roof no higher than RL63.38

(b) Front landscape area - The new retaining wall to Edward Street and Edward Lane

shall be constructed of sandstone block work or high quality face brick (eg dry-pressed bricks not bessa block) and the front area modified to a communal front terrace generally in accordance with the amended plans Sk -02 to 04 issue D dated 21/09/2011prepared by Ostinga Architecture and received by Council on 22 September 2011.

(c) The strata subdivision plan is to be prepared by a registered surveyor and modified to

reflect the development as approved.

(d) Shading and weather protection devices are to be provided to existing and new windows to the north and east.

(e) Details and provision of rectification works to the facade of the rear portion of the

existing building particularly the upper kitchen and balcony where there is currently some below standard building work to be provided.

14

(f) Weather protection to the front door to Unit 1 shall be provided.

(g) The existing sandstone base to the main building, as shown on plans to Edward Lane,

is to be re-pointed and failing stone replaced. The sandstone base of the building is not to be rendered or painted.

(h) All windows and balustrades to the external façade are to be made good and /

replaced so as to provide a consistent look to the building.

The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

3. 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.

15

4. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $ 7,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work. This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

5. 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.

6. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, 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 & the 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. 7. ESSENTIAL SERVICES - EXISTING BUILDING

Details of the currently implemented and proposed essential fire safety measures shall be submitted to Council, with the Construction Certificate, in the form of a Fire Safety Schedule. This Schedule shall be prepared by a person competent to do so and shall specify the minimum standard of performance for each essential fire safety measure included in the Schedule. At the completion of the installation, a Final Fire Safety Certificate shall be attached to the Occupation Certificate, certifying that each essential fire safety measure specified within the current Fire Safety Schedule: (a) has been assessed by a properly qualified person; and

16

(b) found to be capable of performing to at least the standard required by the current Fire Safety Schedule for the building for which the Certificate is issued.

8. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of Australia. All works are to comply with the Building code of Australia for a building of Type “A” Construction. Details demonstrating compliance with the Building Code of Australia are to be included in the plans prior to issue of a Construction Certificate.

9. PROTECTION OF WINDOWS All new or modified windows are to be protected in accordance with Part C3 of the Building Code of Australia. Details of compliance with these requirements to be included in the Construction Certificate plans.

10. VERTICAL SEPARATION Vertical separation of opening in the external walls of the building to comply with Part C2 of the Building Code of Australia,

11. FIRE SAFETY UPGRADE WORKS

Pursuant to Clauses 93 and 94 of the Environmental Planning and Assessment Regulation 2000, the existing building is to be brought into conformity with the Building Code of Australia for a building of Type “A” Fire Resisting Construction in relation to fire safety, essential fire safety measures, fire protection and structural adequacy of the building. Details demonstrating compliance with the Building Code of Australia must be submitted to the Accredited Certifier or Council prior to the issue of a Construction Certificate. All required upgrade works must be completed to the satisfaction of the Principal Certifying Authority prior to the issue of an Occupation Certificate. In this regard prior to the issue of an Occupation Certificate by the Accredited Certifier, all fire safety upgrading works are to be completed and a Final Fire Safety Certificate is to be submitted to Council certifying that each essential fire safety measure specified in the approved Fire Safety Schedule:-

a) Has been assessed by a properly qualified persons, and b) Has been found, when it was assessed, to be capable of performing to at least the

standard required by the current Fire Safety Schedule for the building for which the Certificate was issued.

12. HOARDING REQUIRED

If required, a 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.

17

13. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 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 Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during 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.

14. EROSION, SEDIMENT AND POLLUTION CONTROL Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

15. STORMWATER MANAGEMENT Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2010 - Part G4 prior to the issue of a Construction Certificate.

16. 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.

17. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the extra load of the proposed additions is to be provided to Council or the Accredited Certifier prior to the issue of a Construction Certificate.

18. BASIX

The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate.

18

The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

19. AMENDED LANDSCAPE PLAN The Landscape Plan is to be amended by the following changes: (a) Proposed species are to be reviewed to ensure that they are appropriate for the planting

areas, this particularly applies to the proposed planting of Acmena smithii at the front of the property

(b) The two (2) existing trees (Callistemon & Malaleuca species) at the front of the property

be retained and protected. Any replacement tree is to be planted a minimum of 1.0 metres from any boundary, structure or underground services. If needed the position of the water tank and bin collection area can be modified/changed to suit the required plantings.

The amended landscape plan is to be submitted to the Principal Certifying Authority with the plans for the Construction Certificate.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

20. 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.

21. HOME BUILDING ACT The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.

22. 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.

19

23. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the

proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of

a sort of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the

purpose it was provided.

24. TOILET FACILITIES Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.

25. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

26. SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the DECC's Managing Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

20

27. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

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

28. 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.

29. 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.

30. TEMPORARY DIVERSION OF ROOF WATERS Stormwater from roof areas shall be linked via a temporary downpipe to Council's stormwater system immediately after completion of the roof area. Inspection of the building frame will not occur until this is completed.

31. 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.

32. 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. 33. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS

The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.

21

34. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (RESIDENTIAL FLAT

DEVELOPMENT AND OTHER RESIDENTIAL CLASS 2, 3 AND 4) 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 Planing 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 2, 3 and 4 building: (a) at the commencement of the building work; (b) prior to covering of waterproofing in any wet area for a minimum of 10% of rooms with wet

area within a building; (c) prior to covering any stormwater drainage connections; and (d) 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) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams

and columns; (f) 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.

35. CERTIFICATE OF SURVEY - LEVELS All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. In this regard the development is to be restricted to maximum height of RL 68.19. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building.

36. 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

22

consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.

37. IN-SINK WASTE DISPOSAL SYSTEMS The installation of in-sink waste disposal systems is prohibited.

38. 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.

39. ENCROACH BEYOND THE BOUNDARIES No portion of the proposed works including the footings and roof eaves, to encroach beyond the boundaries of the subject property.

40. WORK OUTSIDE PROPERTY BOUNDARY All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense.

41. 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.

42. SERVICE PIPES All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.

43. ELECTRICAL METER BOARDS All electrical meter boards / switchboards are to be enclosed by non combustible construction and fitted with smoke seals or a suitable smoke stopping material to prevent the spread of smoke into the building.

44. 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.

45. BINS STORAGE AREA The applicant must provide:-

(i) A total of 2 x 240L MGB for garbage, 1 x 140L MGB for paper/cardboard, 1 x 140L MGB for other recyclables and 1 x 80L MGB for green waste.

23

(j) A room or caged area with instructive signage must be allocated for the storage of discarded bulky items, such as old furniture, awaiting council pick up in order to avoid the occurrence of illegal street dumping.

46. TREE PLAN

• Trees to be retained and protected

Trees to be retained and protected shall be clearly shown on any construction plans. Protection fencing is to be installed prior to any work commencing on the site. Species Location Action Callistemon sp Front of property closest to

residence Retain and protect *TPZ of 4.0 metres from the middle of the trunk or as bounded by existing structures is to be installed as per the conditions below.

Melaleuca sp Front of property closest to front boundary fence

Retain and protect *TPZ of 4.0 metres from the middle of the trunk or as bounded by existing structures is to be installed as per the conditions below.

*TPZ- Tree Protection Zone TPZ – A 1.8m chain link wire fence or the like shall be erected around the above trees to be retained to protect them from damage during construction. Fencing is not to be removed until all building work has been completed. Fencing to be installed to the dimensions outlined in the table above. All tree protection fencing shall comply with AS 4970 – 2009 Protection of trees on development sites. The maintenance of this TPZ shall be maintained as per AS4970 – 2009, Section 4.6. Soil levels are not to be changed around any trees on the subject or neighbouring properties. No mechanical excavation shall be undertaken within the tree canopy spread (within the dripline) or within 2.0m from the middle of the trunk (whichever is greater) of any tree, shrub or vegetation that is protected under Waverley Council’s Tree Preservation Order. If any tree roots are exposed during any approved works then roots smaller than 30mm are to be pruned as per the specifications below. Any roots greater than 30mm are to be assessed by a qualified arborist before any pruning is undertaken. If tree roots are required to be removed for the purposes of constructing the approved works they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist (with a minimum of the Horticulture Certificate or Tree Surgery Certificate). It is the arborist’s responsibility to determine if such root pruning is suitable. If there are any concerns regarding this process then Waverley Council’s Tree Management Officer is to be contacted to make final determination.

24

If any trees or vegetation on the subject property require pruning and are covered by Waverley Council’s Tree Preservation Order an Application to Prune or Remove Trees on Private Property is must be presented to Council for processing. There are to be no underground services installed within 2.0 metres from the middle of the trunk of any trees to be planted, or 1.0 metres from the edge of any proposed garden bed.

47. 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.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

48. 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.

49. MECHANICAL VENTILATION Mechanical ventilation is to be provided in accordance with Part F4 of the Building Code of Australia and is to comply with AS 1668 Parts 1 and 2. A Certificate of Test is to be submitted by a competent person and approved by the Principal Certifying Authority prior to the issue of an Occupation Certificate.

50. STREET NUMBER The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. The street number is to be positioned on the site prior to the issue of the Occupation Certificate. Any variation to the street numbering requires a new application to be lodged with Council.

51. LANDSCAPE PLAN The site is to be landscaped and turfed in accordance with the approved landscaped plan with the landscape works completed prior to the issue of the Occupation Certificate.

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

25

53. LINEN PLANS

A linen plan and six copies are to be submitted to Council or Accredited Certifier in accordance with Section 109C(d) of the Environmental Planning and Assessment Act, 1979.

54. SUBDIVISION CERTIFICATE

Prior to the registration of the linen plans a Sub-division Certificate must be obtained from Council or an Accredited Certifier in accordance with Section 109 C (d) of the Environmental Planning and Assessment Act, 1979.

55. SECTION 73 CERTIFICATE

Before the release of the linen plan for subdivision, a compliance certificate under Section 73 of the Sydney Water Act, 1994, Part 6 Division 9 must be obtained from Sydney Water and submitted to Council or the Accredited Certifier. Sydney Water may require the construction of works and/or the payment of developer charges. J:\HOME\PES\reports\South Team\Philip Bull\DCC2011\August\52Edward.doc

26

27

28

29

30

31

32

33

34

35

36

37

38

39