Independent Hearing and Assessment Panel Report 28 ... 1... · The proposal has been referred to...

Independent Hearing and Assessment Panel Report| 28 February 2018

IHAP No. Item 1

DA No. DA-2017/1448

Proposal Residential - dwelling house, swimming pool and tree removal.

Property 51 Gooyong Street, MOUNT KEIRA NSW 2500

Applicant Tasman Design Group Pty Ltd

Responsible Team Development Assessment and Certification – City Wide Team (MB)

ASSESSMENT REPORT AND RECOMMENDATION

Executive Summary

Reason for consideration by Independent Hearing and Assessment Panel The proposal has been referred to the Independent Hearing and Assessment Panel (IHAP) pursuant to Section 3.3 of the IHAP Charter, as the application involves an exception to a development standard with regard to clause 4.4 Floor Space Ratio (FSR) of the Wollongong Local Environmental Plan (WLEP) 2009.

The maximum floor space ratio in the E4 Environmental Living zone is 0.3:1 whereas the proposed is 0.32:1.

Proposal The proposal is for a two storey dwelling house with swimming pool and tree removal.

Permissibility

The site is zoned E4 Environmental Living pursuant to WLEP 2009. The proposal is permissible in the zone with development consent.

Consultation The proposal was notified in accordance with Council’s Notification Policy. No submissions were received.

Council’s Geotechnical, Environment, Landscape and Stormwater Officers have reviewed the application and provided satisfactory referral advice.

The NSW Rural Fire Service provided satisfactory referral advice.

Main Issues

The main issues are an exception to Clause 4.4 Floor Space Ratio of the WLEP 2009 and a variation to Wollongong Development Control Plan 2009 (WDCP 2009) Chapter B1 Clause 4.17 Retaining Walls. Changes were made to the original design to remove the roof top deck and circulation space, which resulted in a minor reduction to gross floor area, improved bulk, scale and amenity outcomes.

CONCLUSION

This application has been assessed having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979, the provisions of Wollongong Local Environmental Plan 2009 and all relevant Council DCPs, Codes and Policies.

The application contained a detailed submission addressing Clause 4.6 (3) of WLEP2009 ‘Exceptions to development standards’ which has been considered and is supported. The applicant also supplied

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a detailed submission for a variation to Chapter B1 of WDCP 2009 as relates to retaining wall height (portion only) which was considered and supported.

No adverse internal or external referral matters were raised, and there are no outstanding issues. It is considered that the proposed development will not result in adverse impacts on the character or amenity of the surrounding area and adjoining development.

RECOMMENDATION Development application DA-2017/1448 be approved subject to the draft conditions contained in Attachment 6.

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1 APPLICATION OVERVIEW

1.1 PLANNING CONTROLS The following planning controls apply to the development:

State Environmental Planning Policies:

• SEPP No. 55 – Remediation of Land

• SEPP (Building Sustainability Index: BASIX) 2004

Local Environmental Planning Policies:

• Wollongong Local Environmental Plan (WLEP) 2009

Development Control Plans:

• Wollongong Development Control Plan 2009

Other policies

• Wollongong Section 94A Development Contributions Plan 2017

• Planning for Bushfire Protection 2006

1.2 PROPOSAL

The proposal comprises the following:

• A two storey dwelling with swimming pool is proposed and is contained wholly within the specified building envelope for the allotment.

• Timber framed construction with a Colorbond roof. Weatherboard and face brick cladding

• Tree removal.

• A double garage is proposed on the lower floor of the dwelling.

• Access is via a driveway and crossover to Gooyong Street.

• A 1.2 metre high brick and slat fence on the front boundary

• Retaining walls.

1.3 BACKGROUND

The lot was created as part of a 31 lot subdivision of Lot 2 DP 852789 Gipps Road and Lot 2 DP 528236 Gooyong Street Keiraville approved under DA-1992/676.

The subdivision was approved pursuant to the Wollongong Local Environmental Plan 1990. The subdivision was registered in 12 October 2000, and was zoned 7(c) under LEP 1990, which had no minimum lot size.

An application to build a two storey dwelling, front fence and pool was approved under DA-2003/5167. A subsequent modification DA-2003/5167/A was approved for internal and external alterations, removal of fireplace and construction of new path to the south east of the pool.

No pre-lodgement meeting was held for the current proposal.

Customer service actions

There are no outstanding customer service requests of relevance to the development.

1.4 SITE DESCRIPTION

The site is located at 51 Gooyong Street, Mount Keira and the title reference is Lot 21 DP 1015275. The site has an area of 819.7 m2 is generally rectangular in shape but for a splayed rear boundary. The site slopes approximately 5 metres to the rear with a crossfall to the southwest toward the front

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of the allotment. It has an 18.3 metre frontage to Gooyong Street and contains a restricted building envelope and a drainage easement.

The subject site is vacant but for six trees on the southern boundary as displayed in Figure 4.

Similar sized dwelling houses are located in the surrounding area on similar sized sites. Bushland is located along the eastern side of Gooyong Street.

Property constraints

• Council records identify the land as being unstable, bushfire affected and Illawarra Escarpment.

There are restrictions on the title including:

• restricted building envelope

• 1.5 metre wide drainage easement

• geotechnical requirements within building envelope

• restricted excavation outside building envelope

• fencing

• bushfire maintenance

Figure 1: Aerial photograph

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Figure 2: WLEP 2009 zoning map

Figure 3: WLEP 2009 Illawarra Escarpment map

1.5 CONSULTATION

1.5.1 INTERNAL CONSULTATION

Geotechnical Engineer

Council’s Geotechnical Officer has reviewed the application and has provided a satisfactory referral. Conditions of consent were recommended and are included in the draft conditions.

Landscape Architect

Council’s Landscape Officer has reviewed the application and given a satisfactory referral. Conditions of consent were recommended and are included in the draft conditions.

Development Engineering Officer

The application has been assessed in regard to traffic and stormwater matters and found to be satisfactory. Conditions of consent were recommended and are included in the draft conditions.

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Environment Officer

Council’s Environment Officer has reviewed the application and given a satisfactory referral. Conditions of consent were recommended and are included in the draft conditions.

1.5.2 EXTERNAL CONSULTATION

Rural Fire Service

The Rural Fire Service has reviewed the application and given a satisfactory referral. Recommended conditions are contained in Attachment 5.

1.5.3 REFERRAL TO INDEPENDENT HEARING AND ASSESSMENT PANEL (IHAP)

The proposal has been referred to the Independent Hearing and Assessment Panel (IHAP) pursuant to Section 3.3 of the IHAP Charter, as the application involves an exception to a development standard with regard to clause 4.4 Floor Space Ratio (FSR) of the Wollongong Local Environmental Plan (WLEP) 2009.

2. ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 – 79C EVALUATION

2.1 SECTION 79C 1(A)(I) ANY ENVIRONMENTAL PLANNING INSTRUMENT

2.1.1 STATE ENVIRONMENTAL PLANNING POLICY NO. 55 – REMEDIATION OF LAND

Under Clause 7 of SEPP No. 55 – Remediation of Land, a consent authority is required to consider whether a proposed development site is affected by soil or other contaminates before granting consent. A desktop audit of the subject site revealed there is no previous history of land uses that could be considered to present as a contamination risk. The site is therefore considered suitable for the proposed development and consistent with assessment considerations for SEPP 55.

2.1.2 STATE ENVIRONMENTAL PLANNING POLICY (BUILDING SUSTAINABILITY INDEX: BASIX) 2004

SEPP BASIX applies to the development.

In accordance with Schedule 1 of the Regulations and SEPP 2004 a BASIX Certificate has been submitted in support of the application demonstrating that the proposed scheme achieves the BASIX targets.

2.1.3 STATE ENVIRONMENTAL PLANNING – (VEGETATION IN NON-RURAL AREAS) 2017

Under Clause 7 of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 a person must not clear any vegetation in any non-rural area of the State to which Part 3 applies without the authority conferred by a permit granted by the council under that Part.

Clause 9 of Part 3 indicates that this Part applies to vegetation in any non-rural area of the State that is declared by a development control plan to be vegetation to which this Part applies.

The subject site is zoned E4 Environmental Living and a non-rural area. It is considered that the vegetation proposed to be removed is vegetation declared by a development control plan, WDCP 2009 Chapter E17, to which Part 9 would apply.

The submitted Arborist’s report by Mark Spence dated September 2017 and the Site Analysis Plan at Figure 4 have been assessed in accordance with the Wollongong DCP Chapters E6 and B2 and Planning for Bushfire 2006. The proposed tree removal has been assessed as satisfactory in this instance by Council Environment and Landscape officers. Six trees are located on the site. Four trees are poorly formed and/or poorly located and recommended for removal. Tree 2 is within 3 metres of the building envelope and is a remnant rainforest Red Ash tree; however, has been assessed in this instance as being reasonable to remove with compensatory planting conditions. The tree removal will allow for the residential dwelling within the restricted building envelope on site. A condition will be imposed for the retention of Tree 4 – a Red Ash Tree.

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Conditionally satisfactory referral advice was received and draft conditions specify trees to be removed, trees to be retained, tree protection and management, and compensatory plantings.

Figure 4: Trees numbered as displayed on the Site Analysis Plan

2.1.4 WOLLONGONG LOCAL ENVIRONMENTAL PLAN 2009

Part 2 Permitted or prohibited development

Clause 2.2 – zoning of land to which Plan applies

The zoning map identifies the land as being zoned E4 Environmental Living.

Clause 2.3 – Zone objectives and land use table

The objectives of the zone are as follows:

· To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

· To ensure that residential development does not have an adverse effect on those values.

The proposed development is considered satisfactory with regard to the zoning objectives.

The proposal is categorised as a dwelling house with swimming pool and is permissible in the E4 zone with development consent.

Clause 1.4 Definitions dwelling house means a building containing only one dwelling.

Part 4 Principal development standards

Clause 4.3 Height of buildings

The proposed building height of 8.958 metres does not exceed the maximum of 9 metres permitted for the site.

Clause 4.4 Floor space ratio

Maximum FSR permitted for the zone: 0.3:1

FSR proposed: 264/819.7 = 0.32:1

Floor area m2

Garage less required 36m2 1

Pool WC 2

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Lower Floor 92

Upper Floor 169

Total 264

Clause 4.4 states that the maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map as shown in Figure 5 below:

Figure 5: WLEP 2009 Maximum Floor Space Ratio Map

The proposal exceeds the maximum 0.3:1 floor space ratio. The applicant has submitted a written statement, as provided at Attachment 3, requesting an exception to the development standard in accordance with Clause 4.6 as detailed below.

Clause 4.6 Exceptions to development standards

WLEP 2009 clause 4.6 proposed development departure assessment

Development departure Clause 4.4 Floor Space Ratio

Is the planning control in question a development standard

Yes

Clause 4.4 requires the maximum floor space ratio for a building on any land not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. For the subject site, a maximum floor space ratio of 0.3:1 applies.

4.6 (3) Written request submitted by applicant contains a justification:

that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

Yes

A written statement has been submitted that justifies compliance

with the development standard is unreasonable or unnecessary in

the circumstances of the case:

• The proposal achieves the objectives of the FSR development standard despite the non-compliance.

• The bulk and scale is commensurate with that of the surrounding area.

• The design of the proposed two storey dwelling does not appear large and bulky as the design incorporates appropriate articulation and variation in the treatment of the building elevations and roofline.

• The site is in an area that transitions from R2 Low Density Residential Zone that has a maximum FSR of 0.5:1 to E4 Environmental Living Zone

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that has a maximum FSR of 0.3:1. However, the lot sizes and character of development are generally similar with there being no clear distinction between housing in the R2 and E4 Zones. It would therefore be reasonable to allow a similar density of development to the housing in the R2 Zone. Bearing in mind the proposal has a similar lot size to the lots in the R2 Zone; however, the proposal has an FSR substantially less than the maximum 0.5:1 FSR permitted in the R2 Zone and will therefore not look out of place in the streetscape.

• The minimum lot size for the R2 zone is 449sqm and 999sqm in the E4 Zone. Applying a 0.3:1 FSR to the minimum lot size of 999sqm results in a dwelling with a GFA of 333sqm, meaning that the planning controls allow a larger dwelling in the E4 Zone. The subject site has an area of 819.7sqm, which is smaller than the minimum 999sqm lot size and is more akin to the lots in the R2 Zone and therefore, the development outcome cannot be the same as contemplated by the planning controls. It would hence be reasonable to enable a development outcome for the subject site which is consistent with the development which has occurred on the smaller allotments within the locality that is, within the R2 Zone.

that there are sufficient environmental planning grounds to justify contravening the development standard.

Yes

The statement justifies that there are sufficient environmental

planning grounds to justify contravening the development

standard:

• The density, built form and outcomes of the development are suitable as the development is integrated with residential development approved and constructed in the vicinity of the subject site.

• The building is provided with articulation and built form elements which reduce any apparent increase in the scale or bulk form of the building when viewed from the public domain and provide relief of the building form when viewed from the street and nearby dwellings.

• The exceedance in FSR equates to 18.09m2 additional GFA, resulting from the inclusion of circulation areas, stairwells and the lift, based on Council’s interpretation of the definition of gross floor area.

• As a result, the increase in gross floor area above the specified floor space ratio maximum will not impact on the functioning of the site and therefore, this land is more capable of accommodating the additional floor area.

• The non-conforming additional gross floor area of the building is not likely to have any adverse visual, privacy or amenity impacts to other properties or public areas.

• These non-compliant portions will not cause any adverse or additional impacts than if the development standard were met.

In addition, the proposed development is satisfactory having regard to environmental planning grounds, including:

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• no impact on adjoining neighbours (setbacks and overshadowing);

• It does not prejudice State, Regional or Local Planning objectives for the area;

• Will not establish any precedent whereby any DCP or LEP standards is undermined;

• Other development standards contained within WLEP 2009 (as discussed in the Statement of Environmental Effects prepared by Tasman Design;

• The relevant Chapters of WDCP 2009;

• Section 79C of the Environmental Planning and Assessment Act 1979 ;

The minor increase to the FSR does not create any additional impacts on the subject land or adjoining sites than if the maximum allowable FSR was met on the proposed allotment.

4.6 (4) (a) Consent authority is satisfied that:

the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

The statement submitted by TCG Planning is considered to have adequately addressed the matters required to be demonstrated by subclause (3). In demonstrating that compliance to the development standard is unnecessary or unreasonable in the circumstances of the case, the statement appropriately includes consideration of Land and Environment Court matters FourtoFive Pty Ltd v Ashfield Council [2015] NSWLEC 1009 and Wehbe v Pittwater Council [2007] NSWLEC 827. In demonstrating that there is sufficient planning grounds the statement appropriately provides reasons that are specific to the site.

Compliance to the development standard is considered to be unreasonable and unnecessary in the circumstances of this case as:

• the proposal is considered to achieve the objectives of the development standard

• the proposal is considered to achieve the objectives of the E4 Zone.

• the development standard has been abandoned previously as Council has granted an exception to the FSR standard on the adjacent lot;

• the zoning of this particular lot is considered to be more compatible with the R2 Zone.

The proposal is considered to achieve the objectives of the FSR standard (WLEP Clause 4.4):

(a) to provide an appropriate correlation between the size of a

site and the extent of any development on that site,

The proposal achieves an appropriate correlation between the size of the dwelling and the site area.

(b) to establish the maximum development density and intensity

of land use, taking into account the availability of infrastructure to

service that site and the vehicle and pedestrian traffic the

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development will generate,

The proposal is for a single dwelling-house, therefore the intensity of development on the site will remain low and it is unlikely to increase demand for infrastructure or increase traffic generation.

(c) to ensure buildings are compatible with the bulk and scale of the locality.

The proposal is considered to be compatible with the bulk and scale of the locality.

Keiraville has a split zoning R2 and E4 Zone with the E4 zoned properties located on the fringes to the north due to the additional site constraints and close proximity to the Illawarra Escarpment. The site is located only 93m from the transition from the R2 Zone to the E4 Zone. The lot size of the subject site, 819.7sqm, is comparable to the lot sizes in the nearby R2 Zone.

The proposal is considered to achieve the objectives of the E4

Environmental Living Zone

Objectives of the E4 Zone:

• To provide for low-impact residential development in areas with

special ecological, scientific or aesthetic values.

• To ensure that residential development does not have an

adverse effect on those values.

The proposal is satisfactory with regard to the above objectives. The site is located in the Illawarra Escarpment area with special aesthetic value. The proposal does not result in any removal of vegetation and is low impact residential development that would have no adverse impact on the scenic quality of the surrounding area.

The development standard has been abandoned by Council's own actions in granting a consent departing from the standard.

A departure to the development standard was permitted at 11 Cato Place, Mount Keira - alterations and additions to an existing dwelling house, which had a floor space ratio in the E4 zone of 0.39:1 under DA-2016/1430.

In addition, there is precedent for a departure to the FSR development standard in the vicinity as demonstrated under DA-2013/777, on the adjacent 13 Cato Place, which permitted a 0.31:1 FSR.

Further, the applicant states in their submission that:

Compliance with the applicable FSR control is considered to be unreasonable and unnecessary in the circumstances of the case as:

Council has on a number of occasions varied this control and the 0.3:1 FSR is unreasonable in an estate which does not display a measurably different character to that of the adjacent R2 zone.

The exceedance in FSR is minor (0.33:1 instead of 0.3:1). This represents a exceedance in GFA of only 21.09m2 or 6.6% of the permissible floor area. The proposed dwelling is within the maximum allowable height of

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buildings of 9m for the subject site, and complies with the relevant DCP provisions in relation to site coverage (50%) and setbacks.

The bulk and scale resulting from the proposed dwelling will be consistent with existing and recently approved dwellings in the street, specifically Nos.53, 55, 57 and 59 Gooyong Street as well as a number of recently constructed new dwellings in Cato Place which are also located within the E4 zone with a maximum FSR of 0.3:1 permissible (specifically dwellings at Nos. 11 and 13 Cato Place for which variations to FSR controls – 0.39:1 and 0.3114:1 respectively - were recently approved, according to Wollongong City Council’s online Register of DAs with Variations);

The proposal will have no adverse impacts than if the FSR was met.

The dwelling will not have any unreasonable adverse impacts on views of adjoining dwellings or the visual setting of the nearby Illawarra escarpment, being the last remaining vacant allotment within this stretch of Gooyong Street and within the E4 area to be developed.

The zoning of particular land is unreasonable or inappropriate so that a development standard appropriate for that zoning was also unreasonable or unnecessary as it applied to that land

The zoning of the land is considered to be inappropriate as the lot characteristics and the proposed built form of the subject site is more compatible with the nearby R2 Low Density Residential Zone. Strict compliance with the 0.3:1 FSR standard applying to the E4 Zone is unreasonable in this case as the proposal is compatible with the bulk, scale and character of the nearby R2 Zone and the proposed 0.32:1 FSR is well within the maximum 0.5:1 FSR permitted in the R2 Zone.

The maximum 0.3:1 FSR is unreasonable for the site as it is more residential than environmental in character. This is further supported by the fact that these lots created under a former LEP do not comply with the current minimum lot size in this area which is 999sqm.

the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

The statement demonstrates that the proposed development will be in the public interest because it is consistent with the objectives of the standard as follows:

• The proposal achieves an appropriate correlation between

the size of the dwelling and the size of the lot. In this

regard the proposal generally complies with required

setbacks and building heights and does not encroach into

the restricted building zone at the rear.

• The proposal does not increase the number of dwellings on the site thereby maintain the existing low density character.

• The proposal will not increase demand on service infrastructure or increase traffic generation.

• Maintains a bulk and scale which is compatible with the general form of dwellings in the street.

The proposal is considered to be consistent with the objectives of the

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zone as the proposal achieves an appropriate correlation between the size of the dwelling and the site area, the proposal remains a single dwelling-house which is a low intensity land use and the proposal is considered to be compatible with the bulk and scale of the locality as discussed above. The statement demonstrates that the proposed development will be in the public interest because it is consistent with the objectives of the E4 Zone as follows:

• The proposed addition will occur at first floor level above the existing building footprint, allowing retention of landscaped area and avoiding encroachment into the restricted building zone at the rear.

• The site does not contain any remnant native vegetation or landscape features and is essentially no different to nearby land that is zoned R2 and subject to a maximum FSR of 0.5:1.

• The building setbacks, private open space, landscaped area and building height are generally compliant. As a result the dwelling-house will maintain a scale and character which is compatible with surrounding properties.

• It is considered the zone objectives are not compromised as a result of the proposed development and the breach of the 0.3:1 FSR standard.

The proposal is satisfactory with regard to the above objectives.

The site is located in the Illawarra Escarpment area with special aesthetic value. The proposal is low impact residential development that would have no adverse impact on the scenic quality of the surrounding area.

The requested departure from the development standard will not hinder the attainment of the objectives specified in section 5(a)(i) and (ii) of the EP&A Act.

As discussed above, the statement has satisfactorily demonstrated that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case and that that there are sufficient environmental planning grounds specific to the site to justify contravening the development standard.

It is considered that strict compliance with the FSR development standard in the context of the proposal site would not result in any significant public benefit.

the concurrence of the Secretary has been obtained.

The concurrence of the Secretary is not required as per advice received from a delegate of the Acting Secretary on 21 May 2014 returning delegation of powers to Council, thus permitting assumed concurrence from the Secretary, as relates to Clause 4.6 of WLEP 2009.

Part 7 Local provisions – general

Clause 7.1 Public utility infrastructure

A condition will be imposed upon the development consent requiring approval from the relevant authorities for the connection of electricity, water and sewage to service the site.

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Clause 7.6 Earthworks

The proposal comprises earthworks to prepare the site for the construction of the two storey dwelling house and the swimming pool, which is considered to be of minor nature.

Clause 7.8 Illawarra Escarpment area conservation

The site is located within the Illawarra Escarpment Area. The application was accordingly referred to Council’s Environment Officer for comment. No issues were raised subject to appropriate conditions of consent. It is considered the proposal will be located within the restricted building envelope minimising adverse impacts on the natural features and environment of the Illawarra Escarpment. The proposal will be landscaped; notwithstanding, bushfire recommendations, allowing conservation and rehabilitation measures to enhance the Illawarra Escarpment.

2.2 SECTION 79C 1(A)(II) ANY PROPOSED INSTRUMENT

None applicable.

2.3 SECTION 79C 1(A)(III) ANY DEVELOPMENT CONTROL PLAN

2.3.1 WOLLONGONG DEVELOPMENT CONTROL PLAN 2009

CHAPTER A1 – INTRODUCTION

8 Variations to development controls in the DCP

Variations are to be justified in accordance with this clause. A variation to Chapter B1 Clause 4.17 Retaining walls (portion only) of the Wollongong Development Control Plan 2009 is sought as provided below.

CHAPTER A2 – ECOLOGICALLY SUSTAINABLE DEVELOPMENT

The proposal is considered to be consistent with the principles of Ecologically Sustainable Development.

CHAPTER B1 – RESIDENTIAL DEVELOPMENT

4.0 General Residential controls

Controls/objectives Comment Compliance

4.1 Maximum Number of Storeys 8.958 metres and two storeys Yes

The site is located in the Illawarra Escarpment and the proposed two storey height of the dwelling will not have an adverse impact on the scenic quality of the area. It is not located on a highly visible site and involves minor vegetation removal.

The built form responds to the site context. The proposal will be in keeping with development in the street which has a mix of one and two storey and split level dwellings.

4.2 Front Setbacks Front setback: 6.053 metres

Front to garage: 7.2 metres

Contained within the restricted building envelope.

Yes

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4.3 Side and Rear Setbacks

North: 1699mm

South:1603mm

Rear: 14 metres - dwelling

8 metres - pool

Yes

4.4 Site coverage The proposal meets the required 50% of the area of the lot.

Yes

4.5 Landscaped Area Compliant landscaped areas are proposed; notwithstanding, the requirements for Planning for Bushfire.

Greater than 20% permeable area capable of growing trees, shrubs, groundcover and/or lawn is available with 50% behind the building line.

Yes

4.6 Private Open Space A compliant 24m2 area of private open space is available and accessible from living areas.

Yes

4.7 Solar Access Requirements Solar access diagrams submitted with the proposal show solar access is compliant.

Yes

4.8 Building Character and Form

The proposal has been assessed against the relevant objectives and considered satisfactory.

Design, height and siting of the proposed dwelling and swimming pool is considered to respond to its site context. The building entry and garage face the street.

Yes

4.9 Fences

1.2 metre front fence has been proposed that meets requirements; however, bushfire conditions may necessitate a change in materials. Pool fencing will be conditioned for.

Yes

4.10 Car parking and Access A compliant double garage, which provides room for two cars and is accessed via a driveway and crossover to Gooyong Street is provided.

Yes

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4.11 Storage Facilities Compliant storage facilities are provided in the garage, bedrooms, linen press.

Yes

4.12 Site Facilities Site facilities can be conditioned to comply. Yes

4.13 Fire Brigade Servicing The established neighbourhood has existing fire brigade servicing.

Yes

4.14 Services The site is serviced with water, sewer and electricity.

Yes

4.16 View sharing The site is elevated and has views predominantly towards the north and north-east to the escarpment and south-east views toward the coast. Gooyong Street slopes steeply, which affords views to each dwelling as adjacent sites are stepped up the street.

No objection was received from the neighbouring property. The proposal is considered to have been designed to protect the neighbouring property’s view.

Yes

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4.17. Retaining walls The proposed retaining walls within 200mm of the northern boundary do not comply with the requirement for walls within 900mm of the boundary to be no higher than 600mm. A Variation Statement (Attachment 4) was submitted by the applicant. The variation is sought on the following grounds:

· There is a hump in the front of the site that makes avoiding a high retaining wall difficult.

· All retaining walls will be designed by a practicing structural engineer.

· No overlooking is created due to the height and location of any of the proposed retaining walls.

· The retaining walls do not impact on the streetscape.

The variation has been considered and may be supported for the reasons provided by the applicant. The variation only relates to a portion of the northern boundary and will be conditioned to meet the requirements of this clause. The proposal is considered to be consistent with the objectives of the retaining wall clause.

No –

However

variation is

supported

4.18 Swimming pools and spas The pool is proposed to be located at the rear of the dwelling house in a location on the site, which will maintain the visual amenity of the area and not adversely impact on surrounding properties.

The proposed pool is greater than 900mm from a side or rear boundary; 50% of the pool is accessible for rescue purposes and drainage will be conditioned to comply. Barrier fencing will form a condition of consent and conditions will be imposed to ensure that the relevant safety standards are met.

Yes

CHAPTER B6 ILLAWARRA ESCARPMENT

This Chapter applies as the site is located in the Illawarra Escarpment. The proposal is considered to meet the objectives of this Chapter to protect and maintain the visual character and high scenic environmental quality of the Illawarra Escarpment.

A Visual Impact Assessment is not deemed necessary for this proposal as the proposal is located on the periphery of the Illawarra Escarpment mapped area. However, the proposal was assessed by Council’s Environment officer.

The proposed two storey dwelling has been sited within the restricted building envelope. The building is within building height limits and building setbacks set by WLEP 2009 and/or WDCP 2009. The proposal does involve an exception to the maximum floor space ratio standard in WLEP 2009;

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however, the applicant has requested an exception to the development standard which has been considered and is supported as discussed in Section 2.1.4 of this report.

The proposed built form is acceptable. A condition will be imposed for non-reflective external building materials to blend in with the escarpment setting. Tree removal is proposed and is satisfactory as outlined at Section 2.1.3 of this report.

The development is well designed to minimise potential bush fire and land instability hazard risks. A Geotechnical Report and Bushfire Report were submitted in accordance with Chapter E12 and E16 of WDCP 2009 as discussed below.

A BASIX Certificate was submitted in accordance with SEPP BASIX requirements.

CHAPTER D1 – CHARACTER STATEMENTS

Keiraville

The proposal is not considered to be inconsistent with the existing and desired future character for the locality.

CHAPTER E3: CAR PARKING, ACCESS, SERVICING/LOADING FACILITIES AND TRAFFIC MANAGEMENT

The proposal will comply with the requirement for 2 parking spaces to be provided for a dwelling-house with a GFA of more than 125sqm. A double garage is provided. The proposed dwelling is accessed from Gooyong Street via a paved driveway and crossover.

CHAPTER E6: LANDSCAPING

Council’s Landscape officer has reviewed the application and provided satisfactory referral advice with the imposition of conditions including compensatory planting. The site is to be landscaped; notwithstanding bushfire requirements.

CHAPTER E7: WASTE MANAGEMENT

Site Waste Minimisation and Management Plan provided

CHAPTER E12 GEOTECHNICAL ASSESSMENT

The application has been reviewed by Council’s Geotechnical Engineer in relation to site stability and the suitability of the site for the development. Appropriate conditions have been recommended.

CHAPTER E14 STORMWATER MANAGEMENT

The site contains a drainage easement where stormwater will be drained. Council’s Development Engineer has reviewed the application and provided satisfactory referral advice.

CHAPTER E16 BUSHFIRE MANAGEMENT

The proposal is considered to satisfy this Chapter. The site is located in a bushfire prone area and the applicant has appropriately considered bushfire risk as part of the development. A bushfire report accompanied the development, which was referred to the RFS. Council’s mapping system shows the lot located in the vegetation buffer; however, across Gooyong Street is mapped as Vegetation category 1; as such the application was referred to the Rural Fire Service. The RFS have recommended conditions at Attachment 5.

CHAPTER E17 PRESERVATION AND MANAGEMENT OF TREES AND VEGETATION

The site contains trees on the southern boundary, two of which were retained at subdivision stage in 1992. The Rural Fire Service has assessed the threat to dwellings as Flame Zone on all but the rear elevation.

The proposed tree removal for this development includes the removal of Tree 2, a Red Ash tree which has previously been approved to be removed under DA-2003/5167 for a dwelling house and pool.

of 20

The original subdivision specified building envelopes that had no significant tree species within 3 metres. The two Red Ash trees (Tree 2 and Tree 4) on this site have grown since the original subdivision under DA-1992/676 and Tree 2 now encroaches within three metres of the restricted building envelope. It is in good condition; however, in this circumstance the removal of the tree is not considered unreasonable and compensatory planting of this species can be conditioned for. Five trees are proposed for removal and one tree for retention. Removal of Tree 1 and Tree 6 – Acacia maidenii (Maiden’s Wattle), Tree 3 – Acacia binervaya (Two-veined Hickory), Tree 5 – Syzygium australe (Brush Cherry) and Tree 2 - Alphitonia excelsa (Red Ash). Retention of Tree 4 – Alphitonia excelsa (Red Ash).

The application was referred to Council’s Environment and Landscape Officers who have provided satisfactory referral advice with the imposition of conditions including compensatory planting.

CHAPTER E22 SOIL EROSION AND SEDIMENT CONTROL

Conditions of consent are recommended in regard to appropriate sediment and erosion control measures to be in place during works.

2.3.2 WOLLONGONG SECTION 94A DEVELOPMENT CONTRIBUTIONS PLAN (2017)

The estimated cost of works is >$100,000 ($880 000.00) and a levy of 1% is applicable under this plan as the threshold value is $100,000.

2.4 SECTION79C 1(A)(IIIA) ANY PLANNING AGREEMENT THAT HAS BEEN ENTERED INTO UNDER SECTION 93F, OR ANY DRAFT PLANNING AGREEMENT THAT A DEVELOPER HAS OFFERED TO ENTER INTO UNDER SECTION 93F

There are no planning agreements entered into or any draft agreement offered to enter into under S93F which affect the development.

2.5 SECTION 79C 1(A)(IV) THE REGULATIONS (TO THE EXTENT THAT THEY PRESCRIBE MATTERS FOR THE PURPOSES OF THIS PARAGRAPH)

(a) 92 What additional matters must a consent authority take into consideration in determining a development application?

The proposal does not involve demolition and is not located within the coastal zone.

(b) 93 Fire safety and other considerations

The subject application does not relate to a change of use. As such, this clause does not apply.

(c) 94 Consent authority may require buildings to be upgraded

The subject application does not relate to alterations or additions. As such, this clause does not apply.

2.6 SECTION 79C 1(A)(V) ANY COASTAL ZONE MANAGEMENT PLAN (WITHIN THE MEANING OF THE COASTAL PROTECTION ACT

The site is not identified as being located in the Coastal zone.

2.7 SECTION 79C 1(B) THE LIKELY IMPACTS OF DEVELOPMENT

There are not expected to be adverse environmental impacts on either the natural or built environments. There are also not expected to be any adverse social or economic impacts in the locality.

This is demonstrated through the following:

• The proposal is generally compliant with regard to the applicable planning controls as detailed in the body of this report.

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• No submissions were received following notification.

• Internal and external referrals are satisfactory subject to appropriate conditions of consent.

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

Does the proposal fit in the locality?

The proposed two storey dwelling house with swimming pool is considered appropriate with regard to the zoning of the site and is not expected to have negative impacts on the amenity of the locality or adjoining developments.

Are the site attributes conducive to development?

There are no site constraints that would prevent the proposal.

2.9 SECTION 79C 1(D) ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS

The application was notified in accordance with WDCP 2009 Appendix 1: Public Notification and Advertising. No submissions were received.

2.10 SECTION 79C 1(E) THE PUBLIC INTEREST

The application is not expected to have unreasonable impacts on the environment or the amenity of the locality. It is considered appropriate with consideration to the zoning and the character of the area and is therefore, considered to be in the public interest.

3 CONCLUSION

This application has been assessed having regard to the Heads of Consideration under Section 79C(1) of the Environmental Planning and Assessment Act 1979, the provisions of Wollongong Local Environmental Plan 2009 and all relevant Council DCPs, Codes and Policies.

The application contained a detailed submission addressing Clause 4.6 (3) of WLEP2009 ‘Exceptions to development standards’ which has been considered and is supported. The applicant also supplied a detailed submission for a variation to Chapter B1 of WDCP 2009 as relates to retaining wall height (portion only) which was considered and supported.

No adverse internal or external referral matters were raised, and there are no outstanding issues. It is considered that the proposed development will not result in adverse impacts on the character or amenity of the surrounding area and adjoining development.

4 RECOMMENDATION

It is recommended that the development application be approved subject to the draft conditions contained in Attachment 6.

5 ATTACHMENTS

1 Maps

2 Architectural Plans

3 Clause 4.6 ‘Exceptions to Development Standards’ Statement

4 Variation Statement for Clause 4.17 Retaining Walls of Chapter B1 WDCP 2009

5 Rural Fire Service recommendations

6 Draft Conditions

Attachment 1: Maps

Figure 1: Zoning Map

Figure 2: Aerial View

project

sheet title

client

issue date amendments to issue

address

suite 3 /10 beverley ave warilla

po box 137 warilla 2528

ph (02) 42972199

ABN 83 075 099 795t a s m a n d e s i g nThi s plan is to be read in conjunction with all other consul tants and statutory plans. That i s, surveys, deposited plans,

engineering plans, landscaping plans and relevant council approval s. It i s the bui lder’s responsibil ity to cross check both existing si te conditions and proposed site condit ions, the location of both existing and proposed buildings prior to work

commencing. Al l dimensions are in mil limeters unless otherwise noted. All dimensions shal l be site checked prior to

commencement of construction. Any obvious work required but not specified on the plan or on the speci fication is

understood to be included. Al l construction shal l be in conformity with the Bui lding Code of Austral ia. This plan remains the property of Tasman Design Group and is subject to Australian copyright laws ©.

....

This plan is to be read in conjunction with all other

consultants and statutory plans. That is, surveys,

deposited plans, engineering plans, landscaping

plans and relevant council approvals.

It is the builder’s responsibility to cross check both

existing site conditions and proposed site

conditions, the location of both existing and

proposed buildings prior to work commencing.

All dimensions are in millimeters. all dimensions shall

be site checked prior to commencement of

construction. Any obvious work required but not

specified on the plan or on the specification is

understood to be included.

All construction shall be in conformity with the

building code of Australia.

This plan remains the property of tasman design

group and is subject to Australian copyright laws ©.DR

AW

ING

NO

TES

SH

EETS

LOC

ATI

ON

PLA

Njob no

drawn scale @ A3

date

no of sheets

issue sheet no.

A3 Z:\JOBFILES\2016\20160156 Choi\4-architectural\drawings\revit\New Design\20160156 Choi - DA - Issue C.rvt

1 : 1700

PROPOSED HOUSE & POOL

COVER SHEET

Choi

51 Gooyong Street Mount Keira, Lot 21 in DP 1015275

C

DEVELOPMENT APPLICATION DRAWINGS

11.12.17

AT

20160156

A019

C

SUBJECT SITE

A01 COVER SHEET

A02 SITE PLAN / SITE ANALYSIS PLAN

A03 LOWER FLOOR PLAN

A04 UPPER FLOOR PLAN

A05 ELEVATIONS

A06 ELEVATIONS

A07 SECTION & BASIX NOTES

A08 PERSPECTIVE VIEWS

A09 SHADOW DIAGRAMS

A Drawings issued for DA 26.9.17

B Amendments to DA drawings 26.10.17

C Amendments to DA drawings 11.12.17

PROPOSED RESIDENCE & POOL51 Gooyong Street Mount Keira, Lot 21 in DP 1015275

1. Roof deck deleted.

2. Balcony exended around kitchen.

3. Oil burner fire place.4. Feature brick wall at front increased

in width.

Attachment 2

IN KERB

(AHD)R.L.114.24m

B.M. SSM

A

A

G

- EASEMENT TO DRAIN WATER 1.5M WIDE

- RESTRICTION ON THE USE OF LAND (BUILDING ENVELOPE)

A

A

GO

OY

ON

G

ST

RE

ET

WM

SIPMLID

106

107

108

109

110

111

112

113

1 14

114

115

G

819.7m2

A1

.92

C1

.92

14

6° 2

7'0

0"

R.2

88

.75

47°45'10"

14

6° 1

5' 2

0"

227°45' 10"

288°5

0'20"

48

18

.30

5

33.955

22 .85

114.95

3/0.3

8/0.5

8/0.5

4/0.3

4/0.4

4/0.4

4/0.4

3/0.3

3/0.3

3/0.3

3/0.3

3/0.3

3/0.3

4/0.3

4/0.3

4/0.3

4/0.3

115.42

115.04

114.34

114.16

114.97

115.83

115.84

115.21

114.49

115.82

115.35

113.36

111.10

109.04

108.34

107.13

106.19

106.18

108.58

111.13

111.46

109.18

106.89

107.68

107.48

109.90

110.19

108.87

112.23

113.56

114.20

114.70

114.74

114.94

114.95

114.97

115.05

114.83

113.68

114.11

114.10

113.64

114.06

114.64

114.78

113.69

113.11

113.24

114.86

114.96

109.07

109.1310

7.46

107.32

105.77

105.81

115

.72

115

.62 1

15.1

8 114

.89

L P TE L

CO

NCR

ET

E TO

P

BR

I CK

F

EN

CE

20

D.P.10 15275

19

D.P.10 15275

P A L I N G FE N C E

C ON C R E T ED R I V E WA Y

GI P

OF

VCBA

LCO

NY

GU

TTE

R

1

22.0

3

B FL11 9 . 2 7

GU TTER 1 22 . 0 6

WI NT- 1 18 . 1 2S- 1 17 . 2 0

WI NT- 1 21 . 6 4S- 1 20 . 1 3

WI NT- 1 18 . 1 2S- 1 17 . 2 0

T- 1 21 . 6 3S- 1 20 . 4 0

R/ R

12 4 . 6 5

GU

T.12

2.05

BA

LCO

NY

B FL11 9 . 2 9

R/ R 1 2 3. 6 3

22

D.P.10 15275

P A L I N G FE N C E

21

D.P.10 15275

No . 5 1

V A C A N T

GI P

GI P

R A I S E D

PALING

FENC

E

18

D.P.10 15275

17

D.P.10 15275

DN

DN

24

83

16

99

6053

8237

PROPOSED

HOUSEUPPER FFL RL 117.660LOWER FFL RL 114.915

GARAGE FFL RL 114.830RUMPUS FFL RL 113.355

FFL RL 112.355

PROPOSED

POOL36.9kL

RWT

POOL DECK

Bins

Building Envelope

Remove 4 trees

shown dashed red

BALCONY

FFL RL 117.615

Lawn

G O

O Y

O N

G

S T

R E

E T

DRIVEWAY

Location of temporary waste

bin during construction

1.2m high retaining wall setback

200mm from side boundary

1.2m high brick & timber

slat fence on front boundary

Sl id

ing

Ga

te

550

0

4.0

0°

8.0

0°

28

.00

°

Retractable

awning

RWT

16

03

job no

project

drawn scale @ A3sheet title

client


date

no of sheets

addressThi s plan is to be read in conjunction with all other consul tants and statutory plans. That i s, surveys, deposited plans,





....

issue sheet no.

A3



ph (02) 42972199

ABN 83 075 099 795t a s m a n d e s i g n

1 : 200Z:\JOBFILES\2016\20160156 Choi\4-architectural\drawings\revit\New Design\20160156 Choi - DA - Issue C.rvt


SITE PLAN / SITE ANALYSIS PLAN

11.12.17

AT

20160156


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C

A029

C

1 : 200

SITE PLAN / SITE ANALYSIS PLAN1

SITE DATASite Area 819.7 sqm

Garage 37 sqmPool WC 2 sqm

Lower Floor 92 sqmUpper Floor 169 sqm

Total Floor Area 300 sqmGross Floor Area 264 sqm

FSR 0.32:1

Photo 1: From front of subject site looking at Gooyong Street. Photo 2: From Gooyong Street looking at front of subject site. Photo 3: From centre of site looking towards rear boundary.







in width.

DN

DN

DN

DN

UP

GUEST

BED

BATH.LIFT

COVERED

ENTERTAINING

AREA

RUMPUS

ENTRYSITTING

GARAGE

LAUNDRYSTORE

ROOM

POOLPORCH

3500 1000 2440 1000 1570 3305 4465 4640 665

15645

92

54

95

54

44

06

38

0

16

70

0

40

40

70

30

13

50

14

90

27

90

11

00

70

45

40

25

16

70

0

3500 1000 940 1500 5770 6460 1810 940 665

15645

FFL RL 112.355FFL RL 114.745

FFL RL 113.470

FFL RL 114.915

FFL RL 114.830

FFL RL 114.830

LC

1

A07

FFL RL 113.555

CDL

3000L RWT HWS

POOL DECK

WC

SWR

B

Bins

Access to pool

pump under deck

36.9kL

1.2m Deep

1.8m Deep

Amenities

under deck

DN

0.6m high

2.1

m h

igh

Adjustable

awning above

3000L RWT

job no

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client


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ph (02) 42972199




LOWER FLOOR PLAN

11.12.17

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20160156


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C

A039

C

1 : 100

LOWER FLOOR PLAN1







in width.

DNLOUNGE

ALFRESCO KITCHEN DIN

ING

MASTER

BEDROOM

WIR/

OFFICE

WIR

ENS.BATH.

WC

ENTRY

VOID

BED 2

BED 3

BA

LCO

NY

BALCONY

PANTRY

LIFT

RO

BE

LIN

EN

RO

BE

1020 14180 1140

16340

35

06

03

04

60

04

68

01

04

0

1000 4910 7970 1100 1340

16320

10

40

34

00

59

70

62

90

16

70

0

FFL RL 117.665

FFL RL 117.615

FFL RL 117.615

LC

1

A07

VOID

FFL

RL

117.6

15

0.9m high

2.1

m h

igh

2.1

m h

igh

Provide recycling bin in kitchen

16

70

0

Oil burnerfire place

job no

project


client


date

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ph (02) 42972199




UPPER FLOOR PLAN

11.12.17

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20160156


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C

A049

C

1 : 100

UPPER FLOOR PLAN1







in width.

LOWER FFL114915

UPPER FFL

117665

LOWER FCL

117315

UPPER FCL120365

27

00

35

02

40

08

5

12

00

1.2m high brick

and clad fence. 1.2m sliding gate

LOWER FFL114915

UPPER FFL

117665

LOWER FCL117315

UPPER FCL120365

27

00

35

02

40

01

36

01

20

0

RUMPUS113555

POOL DECK FFL112355

Adjustable privacy

screening

Retractable

awning

12

00

12

00

10

00

Bu

ildin

g H

eig

ht

89

58

Natural ground level

below highest point

Natural ground level

below highest point

job no

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ELEVATIONS

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20160156


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C

A059

C




1 : 100

NORTH EAST ELEVATION1

1 : 100

SOUTH WEST ELEVATION2




in width.

LOWER FFL

114915

UPPER FFL117665

LOWER FCL117315

UPPER FCL120365

12

00

13

60

24

00

35

02

70

0

RUMPUS113555

POOL DECK FFL112355

85

Natural ground line

Bins

HWS

RWTRetractable

awning

Adjustable privacy

screening

RWT

LOWER FFL114915

UPPER FFL

117665

LOWER FCL

117315

UPPER FCL120365

27

00

35

02

40

01

36

01

20

0

RUMPUS113555

POOL DECK FFL112355

Retractable

awning

Retractable

awning

Adjustable privacy

screening

76

50

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ELEVATIONS

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20160156


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C

A069

C




1 : 100

NORTH WEST ELEVATION1

1 : 100

SOUTH EAST ELEVATION2




in width.

LOWER FFL

114915

UPPER FFL117665

LOWER FCL117315

UPPER FCL

120365

RUMPUS

113555

POOL DECK FFL

112355

27

00

35

02

40

01

36

01

20

0

LIFT

SITTINGGARAGE

LOUNGEBATH. PANTRYHALL

4.00°

28.00°

8.00°

450

85 R

/W

11

00

10

00

Selected Custom

Orb roof sheeting

Retaining wall to

engineers details

Natural

ground line

3000L RWT x 2

R/C raft slab to

engineers details

Timber roof trusses to

manufacturers details

Lift to manufacturers

specifications

10

00

Timber frame floor

construction

27

00

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SECTION & BASIX NOTES

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1 : 100

SECTION1

BASIX COMMITMENTS

Water Commitments Rainwater tank minimum capacity 6000L (position indicated on drawings).

118 sqm of roof area to be collected into rainwater tank.50sqm of indigenous or low water use species to be planted.Rainwater tank connected to all toilets and at least one external

tap.Shower heads 3 star, toilets 4 star, kitchen taps 6 star and basin taps 6 star.

Swimming pool to have a pool cover.

Thermal Comfort Commitments

Cladded timber frame wall: R2.5 bulk insulation.Brick veneer: R2.5 bulk insulation.Internal garage wall: R2.5 bulk insulation.

Timber floor: R4.0 bulk insulation (where open below)Ceiling below roof: R3 bulk insulation.Metal roof: 60mm Anticon (R1.3)

All glazed windows and doors to have standard aluminium framing with double clear glazing (louvres to be low-e glazing)

Energy Commitments

HWS: 5 Star Gas InstantaneousCooling system: 1 phase 2.5 star A/C in living rooms and bedrooms with day/night zoning.

Heating system: 1 phase 2.5 star A/C in living rooms and bedrooms with day/night zoning.Each bathroom and laundry to have an individual fan, ducted

to facade or roof, manual on/off switch.Kitchen: Individual fan, ducted to facade or roof, manual on/off switch.

Artificial lighting as per BASIX certificate.Gas oven and gas cooktop.Pool pump to have a timer installed.

0.7 peak kW photovoltaic system to be installed.




in width.

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PERSPECTIVE VIEWS

11.12.17

AT

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Choi


C

A089

C




Colorbond roof sheeting

Shale Grey colour

Glass balustrade

Natural colour

Timber panel lift door

Natural colour

Timber slats

Light grey colour

F/C cladding

Off white colour

Timber cladding

Natural colour

Face brick

Natural colour

Rendered F/C sheeting

Off white colour

Face brick

Natural dark colour

Rendered face brick

Off white colour




in width.

IN KERB

(AHD)R.L.114.24m

B.M. SSM

A

A

G



A

A

GO

OY

ONG

S

TRE

ET

WM

SIPMLID

106

107

10 8

10 9

11 0

11 1

11 2

113

114

114

1 15

G

819.7m2

A1

.92

C1

.92

14

6°2

7'0

0"

R. 2

88

. 75

47° 45'10"

14

6°1

5'2

0"

227° 45'10"

288

°50' 2

0"

48

18

.30

5

33.955

22.8

5

114.95

3/0.3

8/0.5

8/0.5

4/0.3

4/0.4

4/0.4

4/0.4

3/0.3

3/0.3

3/0.3

3/0.3

3/0.3

3/0.3

4/0.3

4/0.3

4/0.3

4/0.3

115.42

115.04

114.34

114.16

114.97

115.83

115.84

115.21

114.49

115.82

115.35

113.36

111.10

109.04

108.34

107.13

106.19

106.18

108.58

111.13

111.46

109.18

106.89

107.68

107.48

109.90

110.19

108.87

112.23

113.56

114.20

114.70

114.74

114.94

114.95

114.97

115.05

114.83

113.14

113.68

114.11

114.10

113.64

114.06

114.64

114.78

113.69

113.11

113.05

113.14

113.24

114.86

114.96

109.07

109.1310

7.46

107.32

105.77

105.81

115.

72

115.

62 115.

1811

4.89

L P T E L

GI P

KIP

CON

CRE

TE

TOP

BRIC

K

F ENC

E

2 0

D . P . 1 0 1 5 2 7 5

1 9

D . P . 1 0 1 5 2 7 5

P A L I N G F E N C E

C O N C R E T ED R I V E W A Y

GI P

OF

VCBA

LCON

Y

GUTT

ER

122

.03

B F L11 9 . 2 7

GU TT E R 12 2 . 0 6

W I NT- 1 18 . 1 2S- 1 17 . 2 0

W I NT- 1 21 . 6 4S- 1 20 . 1 3

W I NT- 1 18 . 1 2S- 1 17 . 2 0

T- 1 21 . 6 3S- 1 20 . 4 0

R / R

12 4 . 6 5

GUT.

122.

05

BALC

ONY

B F L11 9 . 2 9

2 2

D . P . 1 0 1 5 2 7 5


21

D . P . 1 0 1 5 2 7 5

No . 5 1

V A C A N T

GI P

GI PR A I S E D

P A L I NG

FEN

CE

1 8

D . P . 1 0 1 5 2 7 5

1 7

D . P . 1 0 1 5 2 7 5

IN KERB

(AHD)R.L.114.24m

B.M. SSM

A

A

G



A

A

GO

OY

ONG

S

TRE

ET

WM

SIPMLID

106

107

10 8

10 9

11 0

11 1

11 2

113

114

114

1 15

G

819.7m2

A1

.92

C1

.92

14

6°2

7'0

0"

R. 2

88

. 75

47° 45'10"

14

6°1

5'2

0"

227° 45'10"

288

°50' 2

0"

48

18

.30

5

33.955

22.8

5

114.95

3/0.3

8/0.5

8/0.5

4/0.3

4/0.4

4/0.4

4/0.4

3/0.3

3/0.3

3/0.3

3/0.3

3/0.3

3/0.3

4/0.3

4/0.3

4/0.3

4/0.3

115.42

115.04

114.34

114.16

114.97

115.83

115.84

115.21

114.49

115.82

115.46

115.35

113.36

111.10

109.04

108.34

107.13

106.19

106.18

108.58

111.13

111.46

109.18

106.89

107.68

107.48

109.90

110.19

108.87

112.23

113.56

112.68

114.20

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PROPOSED

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G O

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job no

project


client


date

no of sheets






....

issue sheet no.

A3



ph (02) 42972199




SHADOW DIAGRAMS

11.12.17

AT

20160156


Choi


C

A099

C




1 : 500

9am SHADOW1

1 : 500

12pm SHADOW2

1 : 500

3pm SHADOW3

22nd of June Shadow Diagrams




in width.

1

The General Manager 1 November 2017

Wollongong City Council

Locked Bag 8821

Wollongong DC NSW 2500

Dear Sir

Clause 4.6 ‘Exceptions to Development Standards’ Statement (cl 4.4 Floor Space Ratio)

for Proposed Dwelling House and Swimming Pool at

at Lot 21 DP 1015275, No.51 Gooyong Street, Mount Keira

1. Introduction: Background and Proposal

TCG Planning have been engaged by Tasman Design on behalf of Mr/s Choi to prepare documentation in

support of a development application at No.51 Gooyong Street, Keiraville for the purposes of a new Dwelling

House and Swimming Pool.

The proposed development is for the purposes of construction of a new dwelling house and swimming pool

comprising two floor levels (lower and upper), and a roof deck.

This correspondence accompanies development plans and Statement of Environmental Effects prepared by

Tasman Design and addresses the provisions of Clause 4.6 'Exceptions to Development Standards' of

Wollongong Local Environmental Plan 2009 in relation to the minor exceedence in the allowable Floor Space

Ratio (FSR) for the site.

2. Clause 4.6 'Exceptions to Development Standards' Statement: Clause 4.4 Floor Space Ratio

Clause 4.6 ‘Exceptions to Development Standards’ of WLEP 2009 provides the opportunity to contravene a

development standard subject to the provision of a written request addressing the provisions of Clause 4.6 for

consideration by the consent authority. The following submission under Clause 4.6 is therefore lodged to justify

why the application of the maximum floor space ratio requirement of 0.3:1, as required by clause 4.4 of WLEP

2009 is considered unreasonable or unnecessary for this particular development.

Extent of Variation Sought to Development Standard:

Sub clause 4.4(2) Floor space ratio states that "The maximum floor space ratio for a building on any land is not

to exceed the floor space ratio shown for the land on the Floor Space Ratio Map." In accordance with the

Floor Space Ratio Map, a maximum permissible FSR of 1.3:1 applies to the subject site. The site is 819.7m2 in

area and hence a maximum gross floor area (GFA) of 245.91m2 is permitted.

Unit 5, 174 – 182 Gipps Road

P O Box 7163 Gwynneville 2500

T 02 4228 7833

F 02 4228 7844

[email protected]

Attachment 3

2

The detailed calculations for the FSR of the proposed development based on the summary schedule of gross

floor areas (GFA) contained on Drawing No.A-002 prepared by Tasman Design:

• Proposed GFA: According to the architectural plans the proposed GFA of the dwelling is 267m²

(excluding the maximum 36m² which can be excluded for a double garage).

• Proposed FSR: According to the architectural plans the proposed FSR for the site is 0.33:1 (representing

21.09m² over the allowable GFA).

It is noted that Tasman Design has calculated the floor areas in accordance with the definition of GFA

contained in WLEP 2009, which includes common vertical internal circulation areas (including the proposed

lift) in the FSR calculations.

This Statement therefore seeks variation to the FSR of the development.

Table 1 below outlines how the proposal relates to the provisions of Clause 4.6 as it applies to the contravened

development standard in Clause 4.4 of the WLEP:

Table 1: Compliance with WLEP 2009 - Contravention of Clause 4.4 Floor Space Ratio

Clause 4.6

Exceptions to Development Standards

Response/Justification Consistent/

Complies

(1) Objectives

a) to provide an appropriate degree of

flexibility in applying certain

development standards to particular

development, and

b) to achieve better outcomes for and

from development by allowing flexibility

in particular circumstances.

Flexibility is sought for the application of the FSR for the

proposed dwelling.

The particular circumstances for this are as follows:

� The building height, built form, site coverage and

setback development controls will be complied

with.

� The bulk and scale resulting from the proposed

dwelling will be consistent with existing and

recently approved dwellings in the street and in

the vicinity of the site.

� The proposal will have no adverse impacts than if

the FSR was met.

� The dwelling will not have any unreasonable

adverse impacts on views of adjoining dwellings or

the visual setting of the nearby Illawarra

escarpment.

� The exceedence in FSR is minor (0.33:1 instead of

0.3:1) and represents an exceedence in GFA of

only 17.09m2.

� Whist not abandoning the 0.3:1 FSR control in the

E4 Environmental Living zone, Council

Justified

(2) Consent may, subject to this clause, be

granted for development even though

the development may contravene a

development standard imposed by this

or any other environmental planning

instrument. However, this clause does

not apply to a development standard

that is expressly excluded from the

operation of this clause.

Clause 4.6(6) specifies the standards which may not be

varied under this clause and includes specified

subdivisions in the RU1 Primary Production, Zone RU2

Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary

Production Small Lots, Zone RU6 Transition, Zone R5

Large Lot Residential, Zone E2 Environmental

Conservation, Zone E3 Environmental Management or

Zone E4 Environmental Living.

The subject site is located in the E4 Environmental Living

zone, which is listed as an excluded zone, however the

proposed development does not include a subdivision

of the land, therefore this sub-clause is not relevant.

N/A

(3) Consent must not be granted for

development that contravenes a

development standard unless the

consent authority has considered a

written request from the applicant that

seeks to justify the contravention of the

development standard by

demonstrating:

This table comprises the written request seeking to justify

the contravention of the Floor Space Ratio

development standard.

Provided

3


Clause 4.6



Complies

(a) that compliance with the development

standard is unreasonable or

unnecessary in the circumstances of the

case, and

In Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC

1009, para 61, Commissioner Person summarises the

considerations from Wehbe v Pittwater Council [2007]

NSWLEC 827 at [42] per Preston CJ, and notes in para

62 that clause 4.6 can be considered in a similar way to

that of SEPP 1. In Wehbe at [44]-[48] Preston CJ

identified other ways in which an applicant might

establish that compliance with a development

standard is unreasonable or unnecessary, namely that

the underlying objective or purpose is not relevant to

the development; that the objective would be

defeated or thwarted if compliance was required; that

the development standard has been virtually

abandoned or destroyed by the Council’s own actions

in departing from the standard; or that the zoning of

the land is unreasonable or inappropriate.

A response to each of these approaches is therefore

provided as it relates to the current proposal:

The underlying objective or purpose is not relevant to

the development:

This is not applicable as the objective of the

Development Standard is relevant to the development.

However, it is the numerical standard itself that is not

relevant to the development and is more stringent than

requirements imposed within the R2 Low Density

Residential zone under WLEP 2009. There is no

measurable visual difference to the size of dwellings

situated in the E4 zone in Gooyong Street and Cato

Place (as illustrated in Figures 1 and 2) to dwellings sited

in the R2 zone in Gooyong Street, Cato Place, as well

as Medway Drive and Retford Place for example as

demonstrated in Figures 3-5.

Justified

Figure 1: View of existing dwelling at No. 57

Gooyong St within the E4 Environmental

Living zone with a 0.3:1permsisble FSR.

Figure 2: View of existing dwellings at No. 10

(right of photo) and No. 12 (left of photo)

Cato Place within the E4 Environmental Living

zone with a 0.3:1permsisble FSR.

4


Clause 4.6



Complies

That the objective would be defeated or thwarted if

compliance was required:

This is not applicable as the objective of the

Development Standard is relevant to the development.

That the development standard has been virtually

abandoned or destroyed by the Council’s own actions

in departing from the standard:

It is considered that the 0.3:1 FSR has been virtually

abandoned by Council with a number of variations to

the permissible 0.3:1 FSR evident in the vicinity, including

Figure3*: View of No 6 Medway Dr..within the

R2 Low Density Residential zone with a 0.5:1

permissible FSR.

Figure 4: View of No 5 Retford Pl.within the R2

Low Density Residential zone with a 0.5:1

permissible FSR.

Figure 5: View of No 6-8 Retford Pl.within the

R2 Low Density Residential zone with a 0.5:1

permissible FSR

5


Clause 4.6



Complies

Council's recent support for variations to dwellings at

Nos. 11 and 13 Cato Place for which variations to FSR

controls – 0.39:1 and 0.3114:1 respectively - were

recently approved.

The zoning of the land is unreasonable or

inappropriate:

The zoning of the land may be appropriate however

the permitted FSR of 0.3:1 is inappropriate given that

the Gooyong Place/Cato Drive area does not appear

to contain any other environmental constraints (which

have not been impacted by development) other than

those evident in the adjacent R2 zone, with the

exception of topography. Development in this E4 zone,

despite its topographical constraints, has occurred in a

manner and visual density similar to the adjacent R2

zone to the south.

Overall:

Compliance with the applicable FSR control is

considered to be unreasonable and unnecessary in the

circumstances of the case as:

� Council has on a number of occasions varied this

control and the 0.3:1 FSR is unreasonable in an

estate which does not display a measurably

different character to that of the adjacent R2

zone.

� The exceedence in FSR is minor (0.33:1 instead of

0.3:1). This represents a exceedence in GFA of

only 21.09m2 or 6.6% of the permissible floor area.

� The proposed dwelling is within the maximum

allowable height of buildings of 9m for the subject

site, and complies with the relevant DCP provisions

in relation to site coverage (50%) and setbacks.

� The bulk and scale resulting from the proposed

dwelling will be consistent with existing and

recently approved dwellings in the street,

specifically Nos.53, 55, 57 and 59 Gooyong Street

as well as a number of recently constructed new

dwellings in Cato Place which are also located

within the E4 zone with a maximum FSR of 0.3:1

permissible (specifically dwellings at Nos. 11 and 13

Cato Place for which variations to FSR controls –

0.39:1 and 0.3114:1 respectively - were recently

approved, according to Wollongong City

Council’s online Register of DAs with Variations);

� The proposal will have no adverse impacts than if

the FSR was met.

� The dwelling will not have any unreasonable

adverse impacts on views of adjoining dwellings or

the visual setting of the nearby Illawarra

escarpment, being the last remaining vacant

allotment within this stretch of Gooyong Street and

within the E4 area to be developed.

(b) that there are sufficient environmental planning grounds to justify contravening

the development standard.

In Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC

1009, Commissioner Person determined that it is

necessary for applicants to show sufficient grounds

particular to the development in a Clause 4.6

objection.

The following particular circumstances are relevant for

this site and the development:

� The density, built form and outcomes of the

development are suitable as the development is

integrated with residential development approved

and constructed in the vicinity of the subject site.

� The building is provided with articulation and built

form elements which reduce any apparent

increase in the scale or bulk form of the building

Justified

6


Clause 4.6



Complies

when viewed from the public domain and provide

relief of the building form when viewed from the

street and nearby dwellings.

� The exceedence in FSR equates to 21.09m2

additional GFA, resulting from the inclusion of

circulation areas, stairwells and the lift, based on

Council’s interpretation of the definition of gross

floor area (as discussed previously in this

correspondence).

� As a result, the increase in gross floor area above

the specified floor space ratio maximum will not

impact on the functioning of the site and

therefore this land is more capable of

accommodating the additional floor area.

� The non-conforming additional gross floor area of

the building is not likely to have any adverse visual,

privacy or amenity impacts to other properties or

public areas.

� These non-compliant portions will not cause any

adverse or additional impacts than if the

development standard were met.

In addition, the proposed development is satisfactory

having regard to environmental planning grounds,

including:

� no impact on adjoining neighbours (setbacks and

overshadowing);

� It does not prejudice State, Regional or Local

Planning objectives for the area;

� Will not establish any precedent whereby any DCP

or LEP standards is undermined;

� Other development standards contained within

WLEP 2009 (as discussed in the Statement of

Environmental Effects prepared by Tasman Design;

� The relevant Chapters of WDCP 2009;

� Section 79C of the Environmental Planning and

Assessment Act 1979 ;

The minor increase to the FSR does not create any

additional impacts on the subject land or adjoining

sites than if the maximum allowable FSR was met on

the proposed allotment.

(4) Consent must not be granted for

development that contravenes a

development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has

adequately addressed the matters required

to be demonstrated by subclause (3), and

This Variation Statement provides a discussion in

support of the justification for varying the development

standards as indicated in (3) above. In our opinion,

there is sufficient justification provided to support a

variation to the floor space ratio requirements.

Satisfied

(ii) the proposed development will be in the

public interest because it is consistent with

the objectives of the particular standard

and the objectives for development within

the zone in which the development is

proposed to be carried out, and

Wollongong LEP 2009:

Objectives of the Standard (Clause 4.4 FSR)

(a) to provide an appropriate correlation between the size of a site and the extent

of any development on that site,

(b) to establish the maximum development density and intensity of land use, taking

into account the availability of

infrastructure to service that site and the

Despite the exceedence of the allowable FSR, the

proposed development will be in the public interest as

it still meets the objectives of the FSR development

standard as it:

� The proposed development will not have an

adverse impact on any residence adjoining the

subject site, or on adjacent residents.

� The dwelling complies with the maximum

allowable height and meets the site coverage

(50%) and minimum setback distance

requirements. The proposal is compatible with the

existing bulk and scale of the site development

and the surrounding locality.

� The variation does not impact on the required

landscaped area for the site. (185.91m² required

and 347.2m² provided).

Justified

7


Clause 4.6



Complies

vehicle and pedestrian traffic the

development will generate,

(c) to ensure buildings are compatible with the bulk and scale of the locality.

Objectives of the E4 Environmental Living Zone

� To provide for low-impact residential

development in areas with special

ecological, scientific or aesthetic values.

� To ensure that residential development

does not have an adverse effect on

those values.

� The development is therefore suitable for the size

of the site which can readily accommodate the

proposed dwelling.

� As the subject site is currently vacant, the

proposed dwelling will result in additional

pedestrian and vehicular traffic, however, the

development will not provide any additional

residents other than that which would normally be

accommodated within a two storey dwelling of

complying FSR;

Hence the proposed development achieves ALL of the

objectives of the FSR development standard.

The proposed development is also consistent with the

objectives of the E4 zone as:

� The single dwelling still maintains a low-impact

appearance which is not inconsistent with nearby

approved and constructed dwellings in the vicinity

of the site, and is designed within the height, site

coverage and setback controls for the land.

� The proposal will not have an adverse

aesthetic/visual impact on the streetscape or

Illawarra Escarpment area, given the site is the only

currently vacant allotment in this location and

there are no dwelling sites opposite the site on

Gooyong Street and no impact on dwellings to the

rear or adjoining.

(c) the concurrence of the Director-General has been obtained.

Council will need to consult with the Department of

Planning and Infrastructure as to whether the

concurrence of the DG can be assumed in

accordance with Planning Circular PS 08-003-Variations

to Development Standards (Department of Planning,

May 2008).

Addressed

(5) In deciding whether to grant

concurrence, the Director-General must

consider:

(a) whether contravention of the development standard raises any

matter of significance for State or

regional environmental planning, and

The contravention of this development standard does

not raise any matter of significance for state or regional

environmental planning. Refer to further discussion in

this table.

(b) the public benefit of maintaining the development standard, and

(c) any other matters required to be taken

into consideration by the Director-

General before granting concurrence.

It is considered that there are no environmental

planning considerations that would hinder the Director-

General from providing concurrence.

Addressed

8

4 Conclusion

The proposed dwelling has no likely adverse impacts and satisfies the key relevant controls within the WLEP

2009 and WDCP 2009. This correspondence addresses the minor non-compliance of the FSR development

standard, in accordance with the provisions of Clause 4.6 of Wollongong LEP 2009. The Clause 4.6 Statement

demonstrates that the variation sought to the FSR is justifiable and should be given concurrence to, on the

basis of the limited extent of the non compliance and the suitability of the design. We therefore request that

Council implement a reasonable approach to the proposed gross floor area and floor space ratio for the site.

We appreciate Council's consideration of the above information. Should clarification of this information be

required, please contact the applicant in the first instance, or the undersigned.

Yours Faithfully,

_____________

Kylie Fairhall

Senior Planner

TCG Planning

tasmandesign

Suite 3, No 10 Beverley Ave

PO Box 137

Warilla NSW 2528

4297 2199

[email protected]

www.tasmandesign.com.au

tasmandesign

Our ref: 20160156 Choi - VR - 20.2.2018

Tuesday, 20 February 2018

Att: Maria Byrne

Wollongong City Council

Locked Bag 8821

Wollongong DC NSW 2500

RE: VARIATION STATEMENT FOR PROPOSED RETAINING WALL

51 Gooyong Street Mount Keira

Lot 21 in DP 1015275

Maria,

Please see below our variation statement for the non-compliant retaining

wall.

Proposed

A 19.2m portion of the north west boundary has a 1.2m high retaining wall

within 900mm from the boundary.

DCP

Clause 4.17 states,

“A retaining wall or embankment should be restricted to a maximum height

above or depth below natural ground level of no more than:

(a) 600mm at any distance up to 900mm setback from any side or rear

boundary; or

(b) 1 metre, if the toe of the retaining wall or embankment is setback greater

than 900mm from any side or rear boundary.

Objectives:

(a) To ensure that retaining walls are structurally sound and are located to

minimise any adverse

stormwater drainage, visual, amenity or overlooking impacts upon adjoining

properties.

(b) To guide the design and construction of low height aesthetically pleasing

retaining walls.

(c) To ensure any retaining wall is well designed, in order to achieve long term

structural integrity of the wall.

(d) To ensure slope stabilisation techniques are implemented to preserve and

enhance the natural features and characteristics of the site and to maintain

the long term structural integrity of any retaining wall.

Attachment 4

tasmandesign

20160156 Choi - VR - 20.2.2018 2 of 2

Variation Request

We ask that the above variation to the code be accepted as it meets the

objectives of the clause for the following reasons:

• There is a hump in the front of the site that makes avoiding a high

retaining wall difficult.

• All retaining walls will be designed by a practicing structural engineer.

• No overlooking is created due to the height and location of any of the

proposed retaining walls.

• The retaining walls do not impact on the streetscape.

I trust the above information is satisfactory, however please don’t hesitate to

contact myself should you require further information.

Kind regards,

Adrian Thornton

tasman design

4297 2199

[email protected]

www.tasmandesign.com.au

ID:110396/104028/5 Page 1 of 3

The General ManagerWollongong City CouncilLocked Bag 8821WOLLONGONG DC NSW 2500

ATTENTION: Maria Byrne

1 December 2017

Dear Sir/Madam

Land Use Application for 21//1015275 51 Gooyong Street Mount Keira NSW2500

I refer to your letter dated 14 November 2017 seeking advice regarding bush fireprotection for the above Land Use Application in accordance with Section 79BA ofthe 'Environmental Planning and Assessment Act 1979'.

The Service provides the following recommended conditions:

All communications to be addressed to:

Headquarters15 Carter StreetLidcombe NSW 2141

HeadquartersLocked Bag 17Granville NSW 2142

Telephone: 1300 NSW RFS Facsimile: 8741 5433e-mail: [email protected]

Your Ref: DA-2017/1448Our Ref: D17/4223

DA17111710396 EJ

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuelloads so as to ensure radiant heat levels of buildings are below critical limits and toprevent direct flame contact with a building. To achieve this, the following conditionsshall apply:

1. At the commencement of building works and in perpetuity the entire propertyshall be managed as an inner protection area (IPA) as outlined within section4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSWRural Fire Service's document 'Standards for asset protection zones'.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection ofbuildings during and after the passage of a bush fire, and to locate gas andelectricity so as not to contribute to the risk of fire to a building. To achieve this, thefollowing conditions shall apply:

2. Water, electricity and gas are to comply with section 4.1.3 of 'Planning forBush Fire Protection 2006'.

Design and Construction

Attachment 5

of 3

The intent of measures is that buildings are designed and constructed to withstandthe potential impacts of bush fire attack. To achieve this, the following conditionsshall apply:

3. Construction of the roof, north eastern, south eastern and north westernelevation(s) of the proposed dwelling shall comply with Sections 3 and 9 (BALFZ) of Australian Standard AS3959-2009 'Construction of buildings in bushfire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard SteelFramed Construction in Bushfire Areas – 2014’ as appropriate. Except forwindow frames, there shall be no flaming and no exposed timber.

Windows assemblies shall comply with modified Sections 3 and 9 of AS3959or the following:

i. They shall be completely protected by a non-combustible andnon-perforated bush fire shutter that complies with Section 3.7 of AS3959excluding parts (e) & (f); and

ii. Glazing shall be minimum 6mm thick toughened glass or the windowsystem shall satisfy the performance criteria of AS1530.8.1 ‘Methods for firetests on building materials, components and structure – Part 8.1 Tests onelements of construction for buildings exposed to simulated bushfire attack –Radiant heat and small flaming sources’ for BAL 40;

iii. Seals to stiles, head and sills or thresholds shall be manufactured frommaterials having a flammability index no greater than 5; and,

iv. The openable portion of the window shall be screened internally orexternally with a mesh with a maximum aperture of 2mm, made from corrosionresistant steel or bronze and the frame supporting the mesh shall be metal.

External doors (excluding garage doors) shall be completely protected by anon-combustible and non perforated bushfire shutter that complies withSection 3.7 of AS3959 excluding parts (e) and (f); and shall comply with thefollowing:

i. Doors shall be non-combustible;

ii. Externally fitted hardware that supports the panel in its function of openingand closing shall be metal;

iii. Where doors incorporate glazing, the glazing shall be toughened glassminimum 6mm or the door system shall satisfy the performance criteria ofAS1530.8.1 ‘Methods for fire tests on building materials, components andstructure – Part 8.1 Tests on elements of construction for buildings exposed tosimulated bushfire attack – Radiant heat and small flaming sources’ for BAL40 except that flaming of the specimen is not permitted and there shall be noexposed timber;

iv. Seals to stiles, head and sills or thresholds shall be manufactured frommaterials having a flammability index of no greater than 5;

v. Door frames shall be metal;

vi. Doors shall be tight fitting to the doorframe and an abutting door ifapplicable;

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vii. Weather strips, draught excluders or draught seals shall be installed ifapplicable.

4. Construction of the south western elevation(s) of the proposed dwelling shallcomply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14updated) ‘National Standard Steel Framed Construction in Bushfire Areas –2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning forBush Fire Protection 2006'.

5. The proposed pool and its surrounds shall be constructed fromnon-combustible materials.

General Advice – consent authority to note

The Service recognises that the site is constrained and that the proposeddevelopment falls within the Flame Zone. Flame Zone development is highrisk development; consequently, in situations such as this, the Service seeksto improve the overall fire safety of the existing development. This requiresgreater emphasis on construction standards, landscaping, siting, andvegetation management practices to ensure improved levels of protection areafforded to the development, its occupants and fire fighters. The Service hasundertaken a merit based assessment of the proposal and provides the aboveadvice in accordance with 'Planning for Bush Fire Protection 2006'.

For any queries regarding this correspondence please contact Emma Jensen on1300 NSW RFS.

Yours sincerely

Nika FominManager, Planning and Environment Services (East)

The RFS has made getting information easier. For general information on 'Planningfor Bush Fire Protection, 2006' , visit the RFS web page at www.rfs.nsw.gov.au andsearch under 'Planning for Bush Fire Protection, 2006'.

Attachment 6

DRAFT CONDITIONS FOR : DA-2017/1448 General Matters 1) Plans - To be inserted by Council.

2) Building Work - Compliance with the Building Code of Australia All building work must be carried out in compliance with the provisions of the Building Code of Australia.

3) Construction Certificate A Construction Certificate must be obtained from Council or an Accredited Certifier prior to work commencing.

A Construction Certificate certifies that the provisions of Clauses 139-148 of the Environmental Planning and Assessment Amendment Regulations, 2000 have been satisfied, including compliance with all relevant conditions of Development Consent and the Building Code of Australia.

Note: The submission to Council of two (2) copies of all stamped Construction Certificate plans and supporting documentation is required within two (2) days from the date of issue of the Construction Certificate, in the event that the Construction Certificate is not issued by Council.

4) Occupation Certificate An Occupation Certificate must be issued by the Principal Certifying Authority prior to occupation or use of the development. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning and Assessment Act 1979, have been complied with as well as all of the conditions of the Development Consent.

5) Geotechnical a) All work is to be in accordance with the geotechnical recommendations contained in the report

dated 18 April 2017 by Douglas Partners and any subsequent geotechnical report required to address unanticipated conditions encountered during construction.

b) Hard bedrock where encountered will be difficult to excavate. Alternative excavation methods should be considered to minimise noise and vibration.

c) Foundation systems are to be designed for Class P soils with all footings for the dwelling and pool to be founded within the underlying weathered bedrock as recommended by the geotechnical consultant.

d) Articulation jointing is to be provided in masonry construction as recommended by the geotechnical consultant.

e) A generic design for the pool is not appropriate for this site. A site specific design is required for the hillside land where geotechnical constraints such as lateral earth pressures due to soil creep can affect the integrity of the structure. The structural designer of the pool needs to make reference to the site geotechnical constraints as described in the geotechnical report.

f) The structural designs for the pool are to be endorsed by the geotechnical consultant that all known site geotechnical constraints have been accommodated in the designs.

g) All surface water from the pool surrounds should be piped away from the site. h) A subsoil drain needs to be installed under the pool with gravity outlet to maintain equilibrium

soil moisture conditions. i) All excavations for foundations are to be inspected by the geotechnical consultant and certified

that the ground has been suitably prepared for the placement of footings.

6) Tree Removal This consent permits the removal of Tree 1. Acacia maidenii, Tree 2. Alphitonia excelsa, Tree 3 Acacia binervata, Tree 5 Syzygium austral and Tree 6 Acacia as indicated on the Arborist Report

prepared by Mark Spence dated September 2017. Reasonable steps should be taken to retain tree 4. No other trees shall be removed without prior written approval of Council.

7) Tree Retention Reasonable steps should be taken to retain and protect tree number 4 in the Tree Report (Mark Spence, 2017) in consultation with a qualified Arborist who is eligible for membership as a ‘Consulting Arborist’ with Arboriculture Australia (www.arboriculture.org.au), or the Institute of Australian Consulting Arboriculturists (www.iaca.org.au), and who has attained a Level 5 Certificate of Horticulture / Arboriculture or equivalent.

Prior to the Issue of the Construction Certificate 8) NSW Rural Fire Service Conditions

The recommendations contained in the letter from the NSW Rural Fire Service dated 1 December 2017 as attached (Attachment 5) to this consent shall form part of the conditions of consent for this application.

9) Present Plans to Sydney Water Approved plans must be submitted online using Sydney Water Tap, available through www.sydneywater.com.au to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The Certifying Authority must ensure that Sydney Water has issued an approval receipt prior to the issue of a Construction Certificate. Visit www.sydneywater.com.au or telephone 13 20 92 for further information.

10) Car parking and Access The development shall make provision for a minimum total of 2 car parking spaces. This requirement shall be reflected on the Construction Certificate plans. Any change in above parking numbers shown on the approved DA plans shall be dealt with via a section 96 modification to the development. The approved car parking spaces shall be maintained to the satisfaction of Council, at all times.

11) The parking dimensions, internal circulation, aisle widths, kerb splay corners, head clearance heights, ramp widths and grades of the car parking areas are to be in conformity with the current relevant Australian Standard AS2890.1, except where amended by other conditions of this consent. Details of such compliance are to be reflected on the Construction Certificate plans.

12) Gradients of ramps and access driveways shall be provided in accordance with the current relevant Australian Standard AS2890.1 - Off Street Car Parking. This requirement shall be reflected on the Construction Certificate plans.

13) Any proposed structures adjacent to the driveway shall comply with the requirements of the current relevant Australian Standard AS2890.1 to provide for adequate sight distance. This includes, but is not limited to, structures such as signs, letterboxes, retaining walls, dense planting etc. This requirement shall be reflected on the Construction Certificate plans.

14) Overflow paths must be provided to allow for flows of water in excess of the capacity of the pipe/drainage system draining the land, as well as from any detention storage on the land. Blocked pipe situations with 1 in 100 year ARI events must be incorporated in the design. Overflow paths must also be provided in low points and depressions. This requirement shall be reflected on the Construction Certificate plans prior to the release of the Construction Certificate.

15) Provision shall be made along the boundary of the property at the vehicular crossing/s to prevent waste and surface water entering the road reserve. This requirement shall be reflected on the Construction Certificate plans.

16) The submission of certification from a suitably qualified and experienced landscape designer and drainage consultant to the Principal Certifying Authority prior to the release of the Construction Certificate, confirming that the landscape plan and the drainage plan are compatible.

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17) Engineering Plans and Specifications - Retaining Wall Structures The submission of engineering plans and supporting documentation of all proposed retaining walls to the Principal Certifying Authority for approval prior to the issue of the Construction Certificate. The retaining walls shall be designed by a suitably qualified and experienced civil and/or structural engineer. The required engineering plans and supporting documentation shall include the following:

a) A plan of the wall showing location and proximity to property boundaries; b) an elevation of the wall showing ground levels, maximum height of the wall, materials to

be used and details of the footing design and longitudinal steps that may be required along the length of the wall;

c) details of fencing or handrails to be erected on top of the wall; d) sections of the wall showing wall and footing design, property boundaries and backfill

material. Sections shall be provided at sufficient intervals to determine the impact of the wall on existing ground levels. The developer shall note that the retaining wall and footing structure must be contained wholly within the subject property;

e) the proposed method of subsurface and surface drainage, including water disposal; f) reinforcing and joining details of the bends in the wall at the passing bay of the

accessway; g) the assumed traffic loading used by the engineer for the wall design.

18) Retaining Wall on Common Boundary Retaining wall on common boundary must be located wholly within the property, including footings and agricultural drainage lines. Construction of retaining walls or associated drainage work along common boundaries must not compromise the structural integrity of any existing structures.

19) Detailed Drainage Design A detailed drainage design shall be submitted with the Construction Certificate documentation for the proposed development. This detailed drainage design shall be prepared by a suitably qualified civil engineer in accordance with Chapter E14 of Wollongong City Council’s Development Control Plan 2009, conditions listed under this consent, and generally in accordance with Stormwater Drainage Plan job no. 20160156 drawing sheet 1 of 1 prepared by Jordan Mealey and Partners dated 26/09/2017

20) Low Reflective External Finishes Buildings are to be finished in colours and materials of low reflective quality to blend with the surroundings. The driveway is to be finished in dark earth tones.

21) Bushfire Attack Level (BAL) Construction of the south western elevation(s) of the proposed dwelling shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006' and

Construction of the roof, north eastern, south eastern and north western elevation(s) of the proposed dwelling shall comply with Sections 3 and 9 (BAL FZ) of Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate. Except for window frames, there shall be no flaming and no exposed timber as per the attached advice from the Rural Fire Service dated 1 December 2017.

22) Section 94 Contributions Pursuant to Section 80A(1)(h) of the Environmental Planning and Assessment Act 1979 and the Wollongong Section 94A Development Contributions Plan (2017), a monetary contribution of $8,800.00 (subject to indexation) must be paid to Council towards the provision of public amenities and services, prior to the release of any associated Construction Certificate.

This amount has been calculated based on the estimated cost of development and the applicable percentage rate.

The contribution amount will be subject to indexation until the date of payment. The formula for indexing the contribution is:

Contribution at time of payment = $C x (CP2/CP1) Where:

$C is the original contribution as set out in the Consent

CP1 is the Consumer Price Index; All Groups CPI; Sydney at the time the consent was issued

CP2 is the Consumer Price Index; All Groups CPI; Sydney at the time of payment

Details of CP1 and CP2 can be found in the Australian Bureau of Statistics website – Catalogue No. 6401.0 - Consumer Price Index, Australia.

The following payment methods are available:

METHOD HOW PAYMENT TYPE

Online http://www.wollongong.nsw.gov.au/applicationpayments

Your Payment Reference: 920353

· Credit Card

In Person Wollongong City Council

Administration Building - Customer Service Centre

Ground Floor 41 Burelli Street, WOLLONGONG

· Cash

· Credit Card

· Bank Cheque

PLEASE MAKE BANK CHEQUE PAYABLE TO: Wollongong City Council

(Personal or company cheques are not accepted)

A copy of the Wollongong Section 94 Development Contributions Plan and accompanying Fact Sheet may be inspected or obtained from the Wollongong City Council Administration Building, 41 Burelli Street, Wollongong during business hours or on Council's web site at www.wollongong.nsw.gov.au

Prior to the Commencement of Works 23) Appointment of Principal Certifying Authority

Prior to commencement of work, the person having the benefit of the Development Consent and a Construction Certificate must:

a) Appoint a Principal Certifying Authority (PCA) and notify Council in writing of the appointment irrespective of whether Council or an accredited private certifier is appointed; and

b) notify Council in writing of their intention to commence work (at least two days notice is required).

The Principal Certifying Authority must determine when inspections and compliance certificates are required.

24) Residential Building Work – Compliance with the Requirements of the Home Building Act 1989 Building work involving residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates

a) in the case of work to be done by a licensee under that Act:

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i) has been informed in writing of the licensee’s name, contractor license number and contact address details (in the case of building work undertaken by a contractor under the Home Building Act 1989); and

ii) is satisfied that the licensee has complied with the requirements of Part 6 of the Home Building Act 1989; or

b) in the case of work to be done by any other person:

i) has been informed in writing of the persons name, contact address details and owner-builder permit number; and

ii) has been given a declaration signed by the property owner(s) of the land that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of the Home Building Act 1989 and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

Note: A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the specific person or licensed contractor is the holder of an insurance policy issued for the purposes of that Part of the Act is, for the purposes of this condition, sufficient evidence that the person has complied with the requirements of that Part of the Act.

25) Sign – Supervisor Contact Details Before commencement of any work, a sign must be erected in a prominent, visible position:

a) stating that unauthorised entry to the work site is not permitted; b) showing the name, address and telephone number of the Principal Certifying Authority

for the work; and c) showing the name and address of the principal contractor in charge of the work site and

a telephone number at which that person can be contacted at any time for business purposes.

This sign shall be maintained while the work is being carried out and removed upon the completion of the construction works.

26) Temporary Toilet/Closet Facilities Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Each toilet provided must be:

a) a standard flushing toilet; and b) connected to either:

i) the Sydney Water Corporation Ltd sewerage system or ii) an accredited sewage management facility or iii) an approved chemical closet.

The toilet facilities shall be provided on-site, prior to the commencement of any works. 27) Structural Engineer’s Details

Structural engineer’s details for all structurally designed building works such as reinforced concrete footings, reinforced concrete slabs and structural steelwork must be submitted to the Principal Certifying Authority, prior to the commencement of any works on the site.

28) Enclosure of the Site The site must be enclosed with a suitable security fence to prohibit unauthorised access, to be approved by the Principal Certifying Authority. No building work is to commence until the fence is erected.

29) Temporary Sediment Fences Temporary sediment fences (eg haybales or geotextile fabric) must be installed on the site, prior to the commencement of any excavation, demolition or construction works in accordance with Council's guidelines. Upon completion of the development, sediment fencing is to remain until the site is grassed or alternatively, a two (2) metre strip of turf is provided along the perimeter of the site, particularly lower boundary areas.

30) All-weather Access An all-weather stabilised access point must be provided to the site to prevent sediment leaving the site as a result of vehicular movement. Vehicular movement should be limited to this single accessway.

31) Application for Occupation, Use, Disturbance or Work on Footpath/Roadway Any occupation, use, disturbance or work on the footpath or road reserve for construction purposes, which is likely to cause an interruption to existing pedestrian and / or vehicular traffic flows requires Council consent under Section 138 of the Roads Act 1993. An application must be submitted and approved by Council prior to the works commencing where it is proposed to carry out activities such as, but not limited to, the following:

(a) Digging or disruption to footpath/road reserve surface;

(b) Loading or unloading machinery/equipment/deliveries;

(c) Installation of a fence or hoarding;

(d) Stand mobile crane/plant/concrete pump/materials/waste storage containers;

(e) Pumping stormwater from the site to Council's stormwater drains;

(f) Installation of services, including water, sewer, gas, stormwater, telecommunications and power;

(g) Construction of new vehicular crossings or footpaths;

(h) Removal of street trees;

(i) Carrying out demolition works.

32) Bushfire – Inner Protection Area At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

During Demolition, Excavation or Construction 33) Restricted Vegetation Removal

This consent permits the removal of trees and other vegetation from the site within three (3) metres of the approved buildings. This consent also permits the pruning of trees within three (3) metres of approved buildings in accordance with AS 4373-2007 Pruning of Amenity Trees. . Reasonable steps should be taken to retain tree number 4 in the Tree Report (Mark Spence, September 2017). No other trees or vegetation shall be removed or pruned, without the prior written approval of Council.

34) Tree Protection and Management The existing trees are to be retained upon the subject property and any trees on adjoining properties shall not be impacted upon during the excavation or construction phases of the development. This will require the installation and maintenance of appropriate tree protection measures, including (but not necessarily limited to) the following:

a) Installation of Tree Protection Fencing - Protective fencing shall be 1.8 metre cyclone chainmesh fence, with posts and portable concrete footings. Details and location of protective fencing must be indicated on the architectural and engineering plans to be

submitted to the Principal Certifying Authority prior to release of the Construction Certificate.

b) Mulch Tree Protection Zone: Areas within a Tree Protection Zone are to be mulched with minimum 75 mm thick 100% recycled hardwood chip/leaf litter mulch.

c) Irrigate: Areas within the Tree Protection Zone are to be regularly watered in accordance with the arborist’s recommendations.

35) Restricted Hours of Work (domestic residential scale ie single dwellings) The developer must not carry out any work other than emergency procedures to control dust or sediment laden runoff outside the normal working hours, namely, 7.00 am to 5.00 pm, Monday to Saturday, without the prior written consent of the Principal Certifying Authority and Council.

No work is permitted on public holidays or Sundays.

Any request to vary these hours shall be submitted to the Council in writing detailing:

a the variation in hours required; b the reason for that variation; c the type of work and machinery to be used.

Note: The developer is advised that other legislation may control the activities for which Council has granted consent including but not limited to the Protection of the Environment Operations Act 1997. Developers must note that consistent with the Environment Protection Authority’s Interim Construction Noise Guideline (July, 2009), the noise from construction (LAeq (15 min)) must not exceed the background noise level (LA90 (15 min)) plus 10 dB(A), and a LAeq (15 min) of 75 dB(A) when measured at the residential property boundary that is most exposed to construction noise, and at a height of 1.5 metres above ground level. If the property boundary is more than 30 metres from the residence, the location for measuring noise levels is at the most noise-affected point within 30 metres of the residence.

36) The developer must carry out work at all times in a manner which will not cause a nuisance, by the generation of unreasonable noise, dust or other activity, to the owners and/or occupiers of adjoining and adjacent land.

37) Excavation/Filling/Retaining Wall Structures Any proposed filling on the site must not: a) encroach onto the adjoining properties, and b) adversely affect the adjoining properties with surface run-off.

38) All proposed cut and filling works must be adequately retained with all battered slopes being no steeper than 2H: 1V.

39) Provision of Waste Receptacle The developer must provide an adequate receptacle to store all waste generated by the development, pending disposal. The receptacle must be regularly emptied and waste must not be allowed to lie or accumulate on the property other than in the receptacle. Consideration should be given to the source separation of recyclable and re-usable materials.

40) BASIX All the commitments listed in each relevant BASIX Certificate for the development must be fulfilled in accordance with Clause 97A(2) of the Environmental Planning & Assessment Regulation 2000.

A relevant BASIX Certificate means:

· A BASIX Certificate that was applicable to the development when this development consent was granted (or, if the development consent is modified under section 96 of the Environmental Planning & Assessment Act 1979, a BASIX Certificate that is applicable to the development when this development consent is modified); or

· if a replacement BASIX Certificate accompanies any subsequent application for a construction certificate, the replacement BASIX Certificate; and

· BASIX Certificate has the meaning given to that term in the Environmental Planning & Assessment Regulation 2000.’’

41) Copy of Consent to be in Possession of Person carrying out Tree Removal The applicant/developer must ensure that any person carrying out tree removal/vegetation clearance is in possession of this development consent and/or the approved landscape plan, in respect to the trees/vegetation which have/has been given approval to be removed in accordance with this consent.

42) Provision of Taps/Irrigation System The provision of common taps and/or an irrigation system is required to guarantee that all landscape works are adequately watered. The location of common taps and/or irrigation system must be implemented in accordance with the approved Landscape Plan.

43) Supervision of Engineering Works All engineering works associated with the development are to be carried out under the supervision of a practicing engineer and/or registered surveyor.

44) No Adverse Run-off Impacts on Adjoining Properties The design of the development shall ensure there are no adverse effects to adjoining properties or upon the land as a result of flood or stormwater run-off. Attention must be paid to ensure adequate protection for buildings against the ingress of surface run-off.

45) Re-direction or Treatment of Stormwater Run-off Allowance must be made for surface run-off from adjoining properties. Any redirection or treatment of that run-off must not adversely affect any other property.

46) Prior approval from Council for any works in Road Reserve Approval, under Section 138 of the Roads Act must be obtained from Wollongong City Council’s Development Engineering Team prior to any works commencing or any proposed interruption to pedestrian and/or vehicular traffic within the road reserve caused by the construction of this development. A traffic control plan prepared and implemented by a suitably qualified person must be submitted for approval and the appropriate fees paid a minimum of five working days prior to the expected implementation. The traffic control plan shall satisfy the requirements of the latest versions of Australian Standard AS1742 – Traffic Control Devices for Works on Roads and the RMS Traffic Control at Worksites Manual.

Note: This includes temporary road closures for the delivery of materials, plant and equipment, concrete pours etc.

47) Flows from Adjoining Properties Flows from adjoining properties shall be accepted and catered for within the site. Finished ground and top of retaining wall levels on the boundary shall be no higher than the existing upslope adjacent ground levels.

48) Site Management Stockpiles of sand, gravel, soil and the like must be located to ensure that the material:

a) Does not spill onto the road pavement and b) is not placed in drainage lines or watercourses and cannot be washed into these areas.

49) Should during construction any waste material or construction material be accidentally or otherwise spilled, tracked or placed on the road or footpath area without the prior approval of Council’s Works Division this shall be removed immediately. Evidence that any approval to place material on the road or road reserve shall be available for inspection by Council officers on site at any time.

50) Drains, gutters, access ways and roadways must be maintained free of sediment and any other material. Gutters and roadways must be swept/scraped regularly to maintain them in a clean state.

51) Dust Suppression Measures Activities occurring during the construction phase of the development must be carried out in a manner that will minimise the generation of dust.

52) Excess Excavated Material – Disposal Excess excavated material shall be classified according to the NSW Environment Protection Authority’s Waste Classification Guidelines – Part 1: Classifying Waste (2014) prior to being transported from the site and shall be disposed of only at a location that may lawfully receive that waste.

53) Survey Report The submission of a survey report by a registered Land Surveyor to the Principal Certifying Authority is required, prior to the work proceeding beyond each of the following respective stages so as to guarantee that each stage of the development is completed to as per the approved plans under this consent to ensure the maximum height restriction of 9 metres from natural ground level is not exceeded.

· slab formwork; · walls and completed eaves/gutter/fascia/ridge; · building on the site.

Prior to the Issue of the Occupation Certificate 54) BASIX

A final occupation certificate must not be issued unless accompanied by the BASIX Certificate applicable to the development. The Principal Certifying Authority must not issue the final occupation certificate unless satisfied that selected commitments have been complied with as specified in the relevant BASIX Certificate. NOTE: Clause 154B of the Environmental Planning and Assessment Regulation 2000 provides for independent verification of compliance in relation to certain BASIX commitments.

55) The developer must make compensatory provision for the trees required to be removed as a result of the development. In this regard, three (3) 200 litre container mature plant stock shall be placed in appropriate locations within the property boundary of the site. The suggested species are Elaeocarpus reticulatus.

56) Retaining Wall Certification The submission of a certificate from a suitably qualified and experienced structural engineer or civil engineer to the Principal Certifying Authority is required, prior to the issue of the Occupation Certificate or commencement of the use. This certification is required to verify the structural adequacy of the retaining walls and that the retaining walls have been constructed in accordance with plans approved by the Principal Certifying Authority.

57) Bushfire – Compliance Certificate A Compliance Certificate shall accompany any Occupation Certificate for Bushfire construction works as have been completed, verifying that the development has been constructed in accordance with the relevant Bushfire Attack Level (BAL) requirements of the Development Consent and Construction Certificate.

58) Swimming Pool Barriers The swimming pool shall be provided with child-resistant barriers, prior to the placement of water in the pool, in accordance with Section 7 of the Swimming Pools Act 1992 and Australian Standards AS1926. The barrier shall be installed to the satisfaction of the Principal Certifying Authority.

59) Warning Notice A warning notice complying with Clauses 10 and 11 of the Swimming Pools Regulation 2008 is to be displayed in a prominent position in the immediate vicinity of the swimming pool as required by Section 17 of the Swimming Pools Act 1992, prior to the filling of the pool with water.

Operational Phases of the Development/Use of the Site 60) Backwash of Swimming Pool Water

The discharge of water from the pool should only be carried out after chlorine levels in the water have been depleted. Swimming pool water should not be discharged to a watercourse.

61) Swimming Pool Filtration Motor The operation of the swimming pool filtration motor shall be restricted to the following hours of operation:

Monday to Saturday 7.00 am to 8.00 pm Sundays and Public Holidays 8.00 am to 8.00 pm

The equivalent continuous noise level (LAeq (15min)) of the swimming pool filtration motor shall not exceed 5dB(A) above the background noise level (LA90 (15 min)) at the most affected point(s) along any boundary of the property.

62) Swimming Pool – Discharging Water Discharge and/overflow pipe from the swimming pool and filtration unit must be connected to the sewer where available. All backwash water from the filtration unit is to be similarly disposed.

The pool excavations are not to conflict with the position of household drainage trenches or lines, the position of which must be ascertained before pool excavation commences.

63) Maintenance of Inner Protection Area The Inner Protection Area must be maintained at all times as follows:

· There shall be minimal fine fuel at ground level which could be set alight by a bushfire.

· Use of non combustible ground surfaces such as gravel roads, paved areas, in-ground pools, etc is acceptable.

· Lawn areas shall be maintained low cut and clear.

· Areas under fences, fence posts, gates and trees shall be raked and kept clear of fine fuel.

· Gutters, roofs and roof gullies shall be kept free of leaves and other debris.

· Verandahs, decks, carports, etc shall not be used to store combustible materials and shall be kept free of leaves and other debris.

· Areas within courtyards shall be maintained free of leaves and other debris.

· Reticulated or bottle gas services shall be installed and maintained in accordance with AS 1596.

· Gas cylinder relief valves shall be directed away from the building and away from any hazardous materials such as firewood, etc.

· Trees may be retained within the IPA where:

o no part of the tree overhangs within 2 metres of any building

o the canopy is discontinuous such that tree crowns are separated by a minimum of 10 metres where the APZ adjoins tall open forest, open forest or low open forest

o the canopy is discontinuous such that tree crowns are separated by a minimum of 5 metres where the APZ adjoins woodland or other vegetation type

o they are smooth barked species or, if rough barked, shall be maintained free of decorticating bark and other ladder fuels (rough barked species are not encouraged)

o a well-watered and maintained vegetable garden may be located within the IPA.

o no part of a tree shall be closer to a power line than the distances set out in the current edition of “Planning for Bush Fire Protection”.

o the use of local native plants with features that minimise the extent to which they contribute to the spread of bush fires is encouraged within the above constraints.

64) Site Facilities Site facilities, such as air-conditioning units, satellite dishes and other ancillary structures are to be adequately setback from neighbouring properties, located away from the street frontage and not in a place where they are a skyline feature. The house number must be displayed in a prominent position and the mailbox installed in accordance with Australia Post Guidelines. Site addressing shall comply with Council’s Property Addressing Policy (as amended).

65) Loading/Unloading Operations/Activities All loading/unloading operations are to take place at all times wholly within the confines of the site.

Independent Hearing and Assessment Panel Report 28 ... 1... · The proposal has been referred to...

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Transcript of Independent Hearing and Assessment Panel Report 28 ... 1... · The proposal has been referred to...