Independent Hearing and Assessment Panel Report 28...

Independent Hearing and Assessment Panel Report| 28 February 2018

IHAP No. Item 3

DA No. DA-2017/748

Proposal Residential - construction of multi dwelling housing – four (4) townhouses

Property 206 Brokers Road, MOUNT PLEASANT NSW 2519

Applicant MMJ Wollongong

Responsible Team Development Assessment and Certification - City Centre Team (BH)

ASSESSMENT REPORT AND RECOMMENDATION Executive Summary Reason for consideration by Independent Hearing and Assessment Panel This application has been referred to the IHAP in accordance with Clause 3.9 of the IHAP Charter as the application as the application is deemed to be of significant community interest having received five or more unresolved objections and has received written notification of the General Manager and director Planning and Environment.

Proposal The application was lodged on 21 June 2017. The proposal is for the construction of 4 multi dwelling units.

Permissibility The proposed multi dwelling housing is a permissible use in the R2 Low Density Residential zone.

Consultation The application received 13 submissions following notification – these are discussed further in Section 1.5 of this report.

Main Issues • Geotechnical considerations • Visitor parking • Side boundary setback • Streetscape impact

The main concerns raised by the objectors are: • Inconsistency zone objectives. • Solar access impacts • Privacy impacts • Lack of visitor parking • Design is out of character with area • Loss of property values • Stormwater impacts • Lack of Services

Recommendation It is recommended that the application be approved subject to conditions at Attachment 5.

of 13

1. APPLICATION OVERVIEW

Planning controls and compliance

The following planning controls apply to the proposal:

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 2016

1.2 PROPOSAL

The proposal comprises the following:

Site preparation

• Tree removal – 2 trees.

• Earthworks – minor earthworks associated with construction of building foundations and site levelling.

Works / Construction / building details

• Construction of 4 x 3 bedroom townhouses

Traffic, parking and servicing

• Each townhouse is provided with a double garage and one parking space is available in the driveway in front of each garage. A total of 8 spaces are provided on site.

• Two access driveways are proposed off Brokers Road and one off Dobinson Street.

1.3 BACKGROUND

A Pre-Lodgement Meeting was held in relation to the proposed development on 6 October 2016.

The issues raised following that meeting were:

• Flooding • FSR • Bushfire considerations • Northern side setback • Number of access points / visual impact of driveways and garages

Customer service actions

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

of 13

1.4 SITE DESCRIPTION

The site is located at 206 Brokers Road, Mount Pleasant and the title reference is Lot 5 DP 30899.

The subject site is located on a corner allotment with frontages to both Brokers Road and Dobinson Street, Mount Pleasant. The site is approximately 250 metres south of the intersection with New Mount Pleasant Road and Brokers Road.

The site has an eastern boundary of 33.605m (Brokers Road frontage) and a southern boundary (Dobinson Street frontage) of 39.96m. The site area is 1,233m2.

The site has a gradual fall of approximately 3.0m from the western boundary towards the north-east corner.

The dwelling that existed on the site was demolished under a complying development certificate and the site is currently vacant. The property contains minimal vegetation except for two small trees adjacent to the western boundary.

Property constraints

• Council records identify the land as being located within an uncategorised flood risk precinct.

• Council records identify the land as being unstable.

• Council records identify the land as being bushfire affected. NSW RFS have provided conditions of consent.

There are no restrictions on the title.

1.5 SUBMISSIONS

The application was notified in accordance with WDCP 2009 Appendix 1: Public Notification and Advertising. A total of 13 submissions were received (including an anonymous objection from a number of residents) and the issues identified are discussed below.

Figure 1: Notification Map

Properties Notified Objection Received

of 13

Table 1: Submissions

Concern Comment

1. The proposed medium density development is inconsistent with the R2 – low density housing zone.

Multi dwelling housing is permissible form of development in the R2 – low density housing zone. It is not considered incompatible with single dwelling housing in the locality.

2. Solar access – The proposal will obscure sunlight to No.2 Dobinson Street.

No.2 Dobinson Street is located to the west of the subject site. The proposal is setback 6m from the western boundary and will not result in significant overshadowing.

3. Privacy impacts on No.2 Dobinson Street.

The design of the development is not considered such that privacy of adjoining properties will be adversely impacted.

4. Increased traffic - the neighbourhood includes narrow streets with many families with young children. The block is also situated near a primary school, so safety is an overall concern. 3 driveways facing Brokers Road is a potential hazard as well as an increased number of cars entering and exiting these driveways in close proximity to a busy intersection

The additional traffic generated by the proposed development will be minimal. Council’s traffic engineer has considered the proposal and has not raised any concerns other than the lack of dedicated visitor parking spaces (this issue is addressed below).

5. Lack of visitor parking will result in increased on-street parking.

Regular bus routes travel from Ramah Ave, down a short section of Brokers Rd, then up Dobinson Street towards New Mount Pleasant Rd. As the buses turn onto Dobinson Street, they take up the majority of the width of the road. When there are cars parked on the southern side of Dobinson St, the buses are extremely slow in getting around the corner.

Council traffic engineer has noted that lack of dedicated visitor parking spaces. However, the fact that each unit has direct street access (rather than a single internal driveway) means that each dwelling has space for a visitor space in front of the garages. This effectively results in the provision of 4 visitor spaces which is greater than the one visitor space required (@ 0.2 spaces per dwelling) under WDCP 2009.

It is acknowledged that the site is on a bus route, however the scale of the development and the level of parking generated is not such that any significant safety issues would arise as a consequence of the proposal.

6. The design is ‘boxy’ and out of character with the locality.

The design is contemporary and although not providing a hipped roof is not incompatible with the locality. A number of flat roofed dwellings exists within close proximity to the subject site.

7. Loss of Value - The street and area is considered an upmarket suburb devoid of these types of town houses. The proposed buildings will devalue the

There is no evidence to suggest the development would result in a devaluing of surrounding properties. This is not a relevant matter for consideration under S79C of the EP&A Act.

of 13

Concern Comment

houses within close proximity to the town houses due to the above points.

8. Stormwater - There have been significant water issues in Brokers Road and Dobinson Street. How can the street support and sustain a development when there are already ongoing water issues?

Council’s stormwater officer has assessed the proposal and has not identified any concerns in relation to stormwater disposal or any additional impacts on the surrounding street drainage system.

9. Services - This area is not equipped to service this many people who may purchase the Units.

Adequate services exist to service the development.

1.6 CONSULTATION

1.6.1 INTERNAL CONSULTATION

Geotechnical Engineer

Council’s Geotechnical Officer has reviewed the application. Initial concerns were raised regarding the lack of detail in the applicant’s geotechnical report, particularly in respect of existing site conditions and known landslip history in the locality. The applicant’s geotechnical engineer subsequently undertook borehole testing to verify site conditions and this was accepted by Council’s geotechnical engineer who has provided a satisfactory referral subject to detailed conditions in respect to construction methods and certification of works during the construction phase of the development.

Landscape Architect

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

Traffic Engineer

Council’s Traffic Engineer has reviewed the application and given a satisfactory referral. Conditions of consent were recommended. It is noted that the traffic engineer has noted the lack of visitor spaces however in this instance, as discussed above, the provision of garages with direct street access is considered to obviate the need for separate visitor spaces.

Environment Officer

Council’s Environment Officer has reviewed the application and given a satisfactory referral subject to conditions of consent.

Development Engineer

Council’s engineering officer (stormwater) has reviewed the application and given a satisfactory referral. Conditions of consent were recommended.

1.6.2 EXTERNAL CONSULTATION

Rural Fire Service

NSW Rural Fire Service has reviewed the application and given a satisfactory referral subject to conditions of consent.

of 13

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

A desktop audit of previous land uses does not indicate any historic use that would contribute to the contamination of the site. There are no significant earthworks proposed and the proposal does not comprise a change of use. No concerns are raised in regard to contamination as relates to the intended use of the land and the requirements of clause 7.

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 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 R2 Low Density Residential

Clause 2.3 – Zone objectives and land use table

The objectives of the zone are as follows:

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposal is satisfactory with regard to the above objectives.

The land use table permits the following uses in the zone.

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Home-based child care; Hospitals; Hostels; Information and education facilities; Jetties; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Signage; Veterinary hospitals

The proposal is categorised as a multi dwelling housing as described below and is permissible in the zone with development consent.

Clause 1.4 Definitions

multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.

Part 4 Principal development standards

Clause 4.3 Height of buildings

The proposed building height of 8m does not exceed the maximum of 9m permitted for the site.

of 13

Clause 4.4 Floor space ratio

Maximum FSR permitted for the zone: 0.5:1

FSR proposed: 582m2/1,233m2 = 0.47:1

Part 5 Miscellaneous provisions

Clause 5.9 Preservation of trees or vegetation

The proposal results in removal 2 trees. An arborists report has been provided to address the tree removal and Council’s landscape officer has provided a satisfactory referral.

Part 6 Urban release areas

Not applicable

Part 7 Local provisions – general

Clause 7.2 Natural resource sensitivity – biodiversity

Council records indicate a portion of the site the site is affected by “Natural Resource Sensitivity – Biodiversity”. The application has been assessed by Council’s landscape officer who has identified that the only trees to be removed are exempt species. The most significant trees are located adjacent to the western boundary and these are to be retained and incorporated into the overall landscape design for the development. The Landscape Plan proposes the planting of native trees and the proposal is satisfactory with the imposition of conditions.

Clause 7.3 Flood planning

Council records indicate a portion of the site the site is affected by “uncategorised flood precinct”, Council’s officers have reviewed the application and found it to be satisfactory.

Clause 7.5 Acid Sulfate Soils

The Acid Sulfate Soils Map does not indicate the site as being affected by “acid sulfate soils”.

Clause 7.6 Earthworks

The proposal comprises construction of 4 townhouses. The earthworks are not expected to have a detrimental impact on environmental functions and processes, neighbouring uses or heritage items and features surrounding land.

Clause 7.14 Minimum site width

The minimum site width for multi dwelling housing is 18m. The site complies with this requirement having a width of 33.6m to Brokers Road and 32.7m to Dobinson Street.

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

State Environmental Planning Policy (Coastal Management) 2016 The Department of Planning and Environment, together with the Office of Environment and Heritage, is developing a new coastal management framework. The framework responds to existing and emerging coastal challenges and opportunities, with the aim of having thriving and resilient communities living and working on a healthy coast now and into the future. The Coastal Management State Environmental Planning Policy (SEPP) will establish a new, strategic land use planning framework for coastal management. It will support implementation of the management objectives set out in the Coastal Management Act 2016. The Coastal Management SEPP will consolidate and improve current coastal-related SEPPs. It will replace SEPP 14 (Coastal Wetlands), SEPP 26 (Littoral Rainforests) and SEPP 71 (Coastal Protection) and ensure that future coastal development is appropriate and sensitive to our coastal environment, and that we maintain public access to beaches and foreshore areas. The Coastal

of 13

Management SEPP will also better equip councils and coastal communities to plan for and effectively respond to coastal challenges such as major storms, coastal erosion and climate change impacts, through more strategic planning around coastal development and emergency management. The Coastal Management SEPP will also better equip councils and coastal communities to plan for and effectively respond to coastal challenges such as major storms, coastal erosion and climate change impacts, through more strategic planning around coastal development and emergency management. The public consultation period for the draft SEPP and maps was from 11 November 2016 to 20 January 2017. The Department of Planning and Environment is now giving consideration to the feedback received and is working to finalise the Coastal Management SEPP.

The maps to the SEPP do not identify the site as being within the Coastal Use Area..

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

2.3.1 WOLLONGONG DEVELOPMENT CONTROL PLAN 2009

CHAPTER A1 – INTRODUCTION

A full assessment of the development under Wollongong Development Control Plan 2009 is provided in Attachment 4 to this report. Variations are discussed below.

8 Variations to development controls in the DCP

The proposal seeks a variation to the required side boundary setback for unit 3. The DCP requires that where the first floor contains a living room (or balcony) facing a side or rear boundary the setback provided be 1.0 x the ceiling height. Unit 3 contains a media room on the first floor which faces the side boundary and the ceiling height of the first floor (and therefore the required setback) is 4.6m. The ceiling height of the ground floor (which contains a kitchen facing the side boundary) establishes the required ground floor setback as 1.9m.

The proposed setback of the northern elevation of unit 3 is predominately 3.6m with a portion of the wall (media room) having a setback of 3.13m. The proposed variation for the first floor component is therefore 4.6m - 3.13m = 1.47m which represents a variation of 31.9%.

The applicant has submitted a justification statement which has been assessed and is supported. In this regard the proposed setback is considered to satisfy the objectives of the clause as follows:

(a) To provide adequate setbacks from boundaries and adjoining dwellings to retain privacy

levels, views, sunlight and daylight access and to minimise overlooking. The proposal will have no impact on the privacy of the adjacent (currently vacant) lot as the media room on the first floor is provided with a highlight window and the only window in the ground floor facing the side boundary is the kitchen window which is set low and overlooking into the adjoining property will be prevented by the boundary fence. Due to the sites orientation and having no southern adjoining properties, overshadowing impacts to adjoining properties is negligible.

(b) To provide appropriate separation between buildings to achieve the desired urban form. The building separation is considered appropriate having regard to the scale and layout of the proposed development. The length of wall encroaching the setback requirement is approximately 12.5m and the overall boundary length is 40.2m.

of 13

(c) To optimise the use of land at the rear of the property and surveillance of the street at the

front of the property. The proposed setback of 3.6m to the northern side boundary will maintain good line of sight throughout the site’s boundaries.

(d) To minimise overshadowing of adjacent properties and private or shared open space.

The proposed reduced setback is to the northern boundary and accordingly overshadowing impacts are limited as has been demonstrated in the shadow diagrams submitted by the applicant.

2.3.2 WOLLONGONG SECTION 94A DEVELOPMENT CONTRIBUTIONS PLAN (2016)

The estimated cost of works is >$100,000 ($968,000) and a levy of 1% is applicable under this plan as the threshold value is $100,000.

2.4 SECTION 79C 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)

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

(1) For the purposes of section 79C (1) (a) (iv) of the Act, the following matters are prescribed as matters to be taken into consideration by a consent authority in determining a development application:

(a) in the case of a development application for the carrying out of development:

(i) in a local government area referred to in the Table to this clause, and

(ii) on land to which the Government Coastal Policy applies,

the provisions of that Policy,

(b) in the case of a development application for the demolition of a building, the provisions of AS 2601.

No demolition is proposed.

The site is located within the Coastal Zone however this policy only applies in the Illawarra to the offshore component of the coastal zone, extending three nautical miles seaward from the open coast high water mark.

93 Fire safety and other considerations

(1) This clause applies to a development application for a change of building use for an existing building where the applicant does not seek the rebuilding, alteration, enlargement or extension of a building.

(2) In determining the development application, the consent authority is to take into consideration whether the fire protection and structural capacity of the building will be appropriate to the building’s proposed use.

of 13

(3) Consent to the change of building use sought by a development application to which this clause applies must not be granted unless the consent authority is satisfied that the building complies (or will, when completed, comply) with such of the Category 1 fire safety provisions as are applicable to the building’s proposed use.

Note. The obligation to comply with the Category 1 fire safety provisions may require building work to be carried out even though none is proposed or required in relation to the relevant development consent.

(4) Subclause (3) does not apply to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4).

(5) The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.

Not applicable.

94 Consent authority may require buildings to be upgraded

(cf clause 66B of EP&A Regulation 1994)

(1) This clause applies to a development application for development involving the rebuilding, alteration, enlargement or extension of an existing building where:

(a) the proposed building work, together with any other building work completed or authorised within the previous 3 years, represents more than half the total volume of the building, as it was before any such work was commenced, measured over its roof and external walls, or

(b) the measures contained in the building are inadequate:

(i) to protect persons using the building, and to facilitate their egress from the building, in the event of fire, or

(ii) to restrict the spread of fire from the building to other buildings nearby.

(c) (Repealed)

(2) In determining a development application to which this clause applies, a consent authority is to take into consideration whether it would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.

(2A), (2B) (Repealed)

(3) The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.

Not applicable.

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

There is no Coastal Zone Management Plan currently applicable to the land. Whilst being in the coastal zone, the land is not identified as being impacted by coastal hazards and there are not expected to be any adverse impacts on the coastal environment arising from the development.

Coastal Processes have, however, been previously considered in this report.

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.

of 13

This is demonstrated through the following:

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

• Submissions raised following notification would not preclude the development.

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

Context and Setting:

In regard to the visual impact, the development is considered to be largely in harmony with the surrounding buildings and character of the street. The area is characterised by a low density residential development consisting of single and two storey dwelling.

The scale of the development as viewed from both street frontages will be compatible with existing built environment in the immediate locality.

The proposal has been assessed with regard to potential amenity impacts, the zoning, permissible height and FSR for the land, and existing and future character of the area, and is considered to be satisfactory.

Access, Transport and Traffic:

Minimal impact on traffic. Access to the site is provided directly off both street frontages and is acceptable.

Public Domain:

No expected impact on the public domain.

Utilities:

The proposal is not envisaged to place an unreasonable demand on utilities supply. Existing utilities are adequate to service the proposal.

Heritage:

No heritage items will be impacted by the proposal.

Other land resources:

The proposal is considered to contribute to orderly development of the site and is not envisaged to impact upon any valuable land resources.

Water:

The site is presently serviced by Sydney Water, which can be readily extended to meet the requirements of the proposed development.

The proposal is not envisaged to have unreasonable water consumption.

Soils:

Site is not affected by acid sulfate soils.

Air and Microclimate:

The proposal is not expected to have any negative impact on air or microclimate.

Flora and Fauna:

An arborists report has been provided to address the tree removal and Council’s landscape officer has provided a satisfactory referral.

of 13

Waste:

A condition will be attached to any consent granted that an appropriate receptacle be in place for any waste generated during the construction.

Energy:

The proposal is not envisaged to have unreasonable energy consumption.

Noise and vibration:

A condition will be attached to any consent granted that nuisance be minimised during any construction, demolition, or works.

Natural hazards:

There natural hazards affecting the site have been discussed within this report and do not prevent the proposal.

Technological hazards:

There are no technological hazards affecting the site that would prevent the proposal.

Safety, Security and Crime Prevention:

This application does not result in any opportunities for criminal or antisocial behaviour.

Social Impact:

No adverse social impact is considered likely.

Economic Impact:

The proposal is not expected to create any negative economic impact.

Site Design and Internal Design:

The application does not result in any departures from development standards or Council’s development control plans other than a minor variation to the side boundary setback on the northern boundary as outlined above.

A condition will be attached to any consent granted that all works are to be in compliance with the Building Code of Australia.

Construction:

Conditions of consent are recommended in relation to construction impacts such as hours of work, erosion and sedimentation controls, works in the road reserve, excavation, demolition and use of any crane, hoist, plant or scaffolding.

Cumulative Impacts:

The proposal is not expected to have any negative cumulative impacts.

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

Does the proposal fit in the locality?

The proposal is considered appropriate with regard to the zoning of the site and is not expected to have any 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.

of 13

2.9 SECTION 79C 1(E) THE PUBLIC INTEREST

The application is not expected to have any 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 as satisfactory 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. Multi dwelling housing is permitted with development consent pursuant to Clause 2.3 of the WLEP2009. The proposal is considered to be consistent with the objectives of the R2 Low Density Residential Zone. The proposal involves variations to development controls relating to the proposed side setback requirements as contained in Chapter B1 of the WDCP2009. Variation request statements and justification have been provided for the non-compliance in accordance with Chapter A1 of WDCP2009. The variation has been considered and is supported in this instance. All internal and external referrals are satisfactory. Submissions have been considered in the assessment. It is considered that the proposed development has been designed appropriately given the nature and characteristics of the site and is unlikely to result in significant adverse impacts on the character or amenity of the surrounding area.

4. RECOMMENDATION

It is recommended that the development application be approved subject to appropriate draft conditions contained in Attachment 5.

5. ATTACHMENTS

1 Architectural plans

2 Aerial photograph

3 Zoning map

4 DCP Table

5 Draft conditions

Attachment 1 - Architectural Plans

ATTACHMENT 2 – AERIAL PHOTOGRAPH

ATTACHMENT 3 – Zoning Map

LIS | LAP | DAC | SEC79C | 03522258.docx

ATTACHMENT 4 – DCP CONTROLS

CHAPTER A2 – ECOLOGICALLY SUSTAINABLE DEVELOPMENT

Development controls to improve the sustainability of development throughout Wollongong are integrated into the relevant chapters of this DCP as detailed below.

Generally speaking, 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

4.12 Site Facilities

• Provide letterboxes for all residential dwellings in a location which is accessible.

• Appropriately locate satellite dish telecommunication antennae, air conditioning units and any ancillary structures.

Letterboxes are provided at street frontages.

No satellite dishes or air conditioning units proposed

Yes

4.13 Fire Brigade Servicing

• All dwellings, to be located within 60m of a fire hydrant, or the required distance as required by Australian Standard AS2419.1. Provision must be made so that Fire and Rescue NSW vehicles can enter and leave the site in a forward direction where Fire and Rescue NSW cannot park their vehicles within the road reserve due to the distance of hydrants from dwellings and/or restricted vehicular access to hydrants and the site has an access driveway longer than 15m.

Dwellings will have adequate access for fire fighting vehicles.

Yes

4.14 Services

• Water, sewerage, gas, underground electricity and telephone are to be provided to the proposed development by the developer in accordance with Council and servicing authority requirements.

All services are available to the site and appropriate conditions will be imposed regarding servicing authority requirements.

Yes

4.15 Development near the coastline

• N/A

4.16 View sharing

A range of view sharing measures to be considered for incorporation into the design of a building where there is potential view loss •

The proposal will not affect views from any adjacent properties

Yes


4.17. Retaining walls

• Retaining walls to 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.

No retaining walls in excess of these requirements are proposed.

Yes

4.18 Swimming pools and spas No pool proposed N/A

4.19 Development near railway corridors and major roads

Not near a rail corridor or major road

N/A

5.0 Attached dwellings and multi dwelling housing

Controls/objectives Comment Compliance

5.1 Minimum Site Width Requirement

• 18m minimum site width The site width is 33.6m Yes

5.2 Number of Storeys

• Maximum 2 storeys in R2 zone 2 storeys Yes

5.3 Front Setbacks

• 6m to front façade

• 3m to secondary street

6m to Brokers Road

3m to Dobinson Street

Yes

Yes

5.4 Side and Rear Setbacks

R2 zone: • 0.8m x ceiling height

• 1.0 x ceiling height where balconies or windows of living areas face the rear boundary at first floor level

Western side boundary (unit 4) – 6m Northern side boundary (unit 3) – 3.13/3.6m

Yes No (see comment above)

5.5 Building Character and Form

• Articulate and fragment building walls that address the street and add visual interest.

• Avoid expanses of any single material. • Utilise high quality and durable

materials and finishes. • For dwellings adjacent to the street

frontage, the habitable rooms must face the street.

• All residential buildings must be designed with building frontages and entries clearly addressing the street frontage.

Sufficient articulation provided. Appropriate mix of materials. Appropriate quality provided. Front entrances face street. (see comments below) Entrances to dwellings face street.

Yes Yes Yes Acceptable Yes

5.6 Access / Driveway Requirements

• Paving colour, texture and material should be sympathetic with the character of the precinct and reflect a

Colour and texture of driveway is acceptable

Yes


pleasant visual appearance.

• The number of access points to a development must be kept to a minimum.

• All driveways must be located a minimum of 6 metres from the perpendicular of any intersection of any two roads.

• Any driveway servicing a residential development is to be setback a minimum of 1.5m from any side property boundary.

• Driveways are to be a maximum of 6m in width.

• Direct reversing onto the street will only be considered where the garage fronts a secondary road, carrying reduced traffic volume and all other requirements of the policy are met.

3 separate access driveways in total are provided. This is considered acceptable given the length of the 2 street frontages.

Exceeds 6m

Exceeds 1.5m

Driveway crosser to Units 1 & 2 is 4m at kerb and 9m at boundary.

All garages front street.

Yes

Yes

Yes

Acceptable

Yes

5.7 Car Parking Requirements

• On site car parking must be positioned to minimise impacts on the streetscape. Car parking must be located behind the building setback and be screened from view with well designed structures and vegetation.

• Car parking areas should be designed to conveniently, efficiently and appropriately serve residents and visitors of the site. This can be achieved in the following ways:

Car parking provided in double garages, Some concern was raised at Pre-lodgement meeting regarding visual impact of garages. (see comments below) Access to garages is directly from street with no additional visitor parking spaces provided given that each unit effectively provides space for a visitor in driveway.

Yes Yes

5.8 Landscaping Requirements

A minimum of 30% of the total site area to be provided as landscaped area.

49.8% of site is provided as landscaped area

Yes

5.9 Deep Soil Planting

A minimum of half of the landscaped area (i.e. 15% of the site) must be provided as a deep soil zone, where the deep soil zone is not located at the rear of the site. The deep soil zone must have a minimum dimension of 6m and be continuous to ensure that the deep soil planting area is a singular uniform area and is not fragmented.

19% of site area provided as deep soil zone (adjacent to western boundary) with minimum dimension of 6m

Yes

5.10 Communal Open Space

Must be provided for developments having 10 or Only 4 dwellings provided N/A


more dwellings

5.11 Private Open Space

• Private open space must be provided for each dwelling within an attached dwelling development in the form of a balcony, courtyard, terrace and/or roof garden.

• Min dimension: 4 metres x 5 metres • POS at least 70% of the dwellings must

receive a minimum of three hours of direct sunlight between 9.00am and 3.00pm on June 21.

• Private open space areas (courtyards) must not extend forward of the front building setback by greater than 900mm.

• Sited in a location, which provides privacy, solar access, and has a limited impact upon adjoining neighbours.

• A direct extension of the living areas of the dwellings they serve.

Separate POS provided for each dwelling in the form of a courtyard. Minimum dimensions comply. Adequate solar access is provided. All POS provided at rear of dwellings. Appropriate siting with minimal impact on adjoining properties. POS accessed directing from living areas

Yes Yes Yes Yes Yes Yes

5.12 Solar Access Requirements

• Windows to living rooms of adjoining dwellings must receive 3 hours of sunlight between 9.00am and 3.00pm on 21 June.

• At least 50% of the private open areas of adjoining residential properties must receive at least 3 hours of sunlight between 9.00am and 3.00pm on June 21.

• Windows to north facing living rooms for each of the subject dwellings in the development must receive at least 3 hours of sunlight between 9.00am and 3.00pm on 21 June.

• At least 50% of the private open space area for each of the subject dwellings in the development must receive at least 3 hours of sunlight between 9.00am and 3.00pm on 21 June.

Shadow diagrams indicate that there will be no overshadowing of adjoining properties.

As above.

North facing windows receive at least 3hrs sunlight between 9am and 3pm mid winter.

POS for each dwelling receives adequate sunlight.

Yes

Yes

Yes

Yes

5.13 Additional Control for Multi Dwelling Housing - Dwelling Mix and Layout

Only applies to developments with 10 or more dwellings

N/A

5.14 Additional Control for Multi Dwelling Housing - Adaptable Housing

Only applies to developments with 10 or more dwellings

N/A

5.15 Additional Control for Multi Dwelling Housing – Crime Prevention through Environmental Design

• Compliance with the requirements of Chapter E2 Crime Prevention through Environmental Design ( CPTED) in this DCP.

See comments under Chapter E2 - Crime Prevention through Environmental Design

Yes

Comments:


5.5 Building Character and Form

The subject dwellings all provide parking in the form of double garages that are directly accessed from the street. This results in a potential streetscape impact from the garages, particularly from Brokers Road, and a lack of habitable rooms facing the street.

The pedestrian access to each dwelling is via a door within the front elevation. The front doors are elevated by a few steps which lead up to a small patio at the entry. Although there are no habitable rooms in the ground floor level that look directly onto the street, the units have a balcony off the main bedroom which faces the street. This provides a degree of overlooking of the street and is considered satisfactory from a Crime Prevention through Environmental Design perspective.

The issue of potential garage dominance on the streetscape was raised in the Pre-Lodgement notes (PL-2016/128) and it was required that the visual dominance of garages be reduced. The applicant was requested to provide further information in relation to materials to be used as this was not clear on the submitted plans.

A submission from the applicant was subsequently submitted addressing the impact of the garages from a streetscape perspective stating that “although it may not be entirely clear on the architectural elevations provided, the intent from a treatment proposed, is that the garage and wall facade would present as a single integrated architectural form. This would include a continual timber feature element to the façade section (as currently shown on the architectural plans), that includes the garage door opening which when closed, has a somewhat seamless integration in its appearance.

As demonstrated, whilst providing a practical purpose of the garage opening, the façade created will minimise the perceived dominance of a standard garage door opening. Thereby the merits of providing an aesthetically pleasing streetscape appearance will be achieved. Being mindful of the above, it is considered that this proposal is still in keeping with the provisions and objectives of Council’s DCP and, therefore, will accord with the objectives and guidelines of the planning controls applying to the site. As such, we respectfully ask that Council give particular consideration in this instance and favourable contemplate the justification for this minor variation sought.”

Figure 1 – Examples of proposed garage finishes

The proposed garage finishes are considered acceptable and, together with the mix of material and finishes proposed within th edevelopment are considered to present as a high quality contemorary styled multi dwelling housing develpoment which will enhance the streetscape.

CHAPTER D1 – CHARACTER STATEMENTS

Mount Pleasant

Mount Pleasant has a strong bushland character with low density residential housing comprising of single storey and two storey detached dwelling-houses. The desired future character for Mount Pleasant is for it to retain its low density residential character within a leafy, escarpment setting. Therefore, limited further development is anticipated in this suburb,


except for the potential replacement of older dwelling stock with new larger contemporary dwelling-houses. The proposal is considered to be consistent with the existing and desired future character for the locality.

CHAPTER E2: CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

Control/objective Comment Compliance

3.1 Lighting The design of the development does not require any particular lighting requirements to address the DCP controls.

Y

3.2 Natural surveillance and sightlines

The development does not result in any issues regarding surveillance or sightlines.

Y

3.3 Signage Not applicable to Multi Unit Housing N/A

3.4 Building design

• Ensure that entrances to buildings are clearly defined, secure, well lit and face the street.

• Blank walls should be avoided onto public streets, public open spaces and pedestrian traffic areas.

• Avoid hidden recesses.

The proposed units are well designed in terms of providing a safe living environment for the occupants.

Yes

3.5 Landscaping

• Shrubbery and low-level planting must not exceed 1m in height where abutting pavements.

• Avoid planting taller growing plants and trees in areas that screen doorways, entrances and windows.

• Landscaping within front yards should not obscure the entry points and windows of the dwelling.

The landscape plan submitted with the application has been assessed by Council’s landscape architect and considered satisfactory.

Yes

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

Multi unit housing


Rate Required Provided Compliance

Car parking

Resident: 2 car parking spaces per dwelling (>110m2),

8 spaces 8 spaces Yes

Visitor: 0.2 car parking spaces per dwelling for visitors

1 space 4 spaces

(within driveways)

Yes

TOTAL 5 12 Yes

Bicycle parking

Resident: 1 bicycle space per 3 Dwellings (residents)

1.3 4 Yes

Visitors: 1 bicycle space per 12 dwellings (visitors)

0.3 1 Yes

TOTAL 2 5 Yes

Motorbike 1 motorcycle space per 15 dwellings

1 1 Yes

CHAPTER E6: LANDSCAPING

A landscape plan has been submitted and is considered satisfactory by Council’s landscape architect having regard to this chapter of the DCP.

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 E13 FLOODPLAIN MANAGEMENT

Council’s Stormwater officer has assessed the proposal and provided conditions of consent.

CHAPTER E14 STORMWATER MANAGEMENT

Council’s Stormwater officer has assessed the proposal and provided conditions of consent.

CHAPTER E16 BUSHFIRE MANAGEMENT

The application has been referred to NSW RFS under the provisions of s79BA of the EP&A Act, 1979 and the RFS have provided appropriate conditions of consent to ensure compliance with Panning for Bushfire Protection.

CHAPTER E17 PRESERVATION AND MANAGEMENT OF TREES AND VEGETATION

No significant vegetation is proposed to be removed. 3 trees on the northern boundary are to be retained.

CHAPTER E19 EARTHWORKS (LAND RESHAPING WORKS)

The proposal involves earthworks and geotechnical works to facilitate the proposed development. A geotechnical report and information regarding the earthworks to reshape the land were submitted with the application.

The application submission was referred to Council’s Geotechnical, Stormwater and Subdivision Officers for comment and no objections were raised subject to draft conditions. It is considered that


the earthworks will have minimal detrimental impact on environmental functions and processes, neighbouring uses items and features of the surrounding land.

CHAPTER E20 CONTAMINATED LAND MANAGEMENT

A desktop audit of previous land uses does not indicate any historic use that would contribute to the contamination of the site. There are minimal earthworks proposed and the proposal does not comprise a change of use. No concerns are raised in regard to site contamination.

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.

LIS | LAP | DAC | 20-A | 03663413.DOCX

ATTCHMENT 5 – Draft Conditions of Consent

Approved Plans and Specifications

1 The development shall be implemented substantially in accordance with the details and specifications set out on Drawing No. 1642 Sheets 1, 3-5 dated 4 December 2017 prepared by Distinct Innovations and any details on the application form, and with any supporting information received, except as amended by the conditions specified and imposed hereunder.

General Matters

2 Geotechnical

1 All work is to be in accordance with the geotechnical recommendations contained in the report dated 30 January 2018 by Network Geotechnics and any subsequent geotechnical report required to address unanticipated conditions encountered during construction.

2 No disturbance of ground is to occur beyond site boundaries. A minimum buffer between site boundaries and the construction of retaining structures is to be recommended by the geotechnical consultant to ensure adjoining property is not adversely impacted upon by this development.

3 All stormwater and wastewater is to be taken away from the building envelope by means as recommended by the geotechnical consultant. There is to be no in-ground absorption.

4 All excavations need to be supported during and after construction particularly to protect adjoining property with nearby existing development.

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

6 Foundation systems are to be designed for Class P soils with all footings to be founded at least 0.5m within the underlying weathered bedrock as recommended by the geotechnical consultant.

Stage 1 Site Remediation – including all earthworks, drainage and retaining wall construction. This work is to comply with the following conditions:

7 An earthworks plan is to be developed by the geotechnical consultant prior to start of earthworks.

8 All recommendations of the geotechnical consultant in their geotechnical report dated 30 January 2018 are to be accommodated in the earthworks plan.

9 The earthworks plan may require modification in light of any subsequent geotechnical reports commissioned to address unforeseen geotechnical conditions encountered during the Stage 1 works.

10 Due to the sensitivity of the site to changing geotechnical conditions, all work must be undertaken with Level 1 geotechnical supervision as defined in Australian Standard AS3798 Guidelines for Earthworks for Commercial and Residential Developments.

11 At the completion of the remedial works, the geotechnical consultant is to prepare a works-as-executed report detailing encountered geotechnical conditions and how the remedial works addressed these conditions so that the residual geotechnical constraints can be accommodated within the structural designs for the dwelling. These structural designs are to be confirmed or amended by the structural engineer based on the works-as-executed geotechnical report.

Stage 2 Construction of the Dwellings.

12 Once the remedial works are complete and the structural designs have been endorsed by the geotechnical consultant that all known residual geotechnical constraints based on the works-as-executed geotechnical report have been accommodated in the designs, construction can then commence on the dwellings.

LIS | LAP | DAC | 20-A | 03663413.DOCX Page 2 of 17

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

14 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.

3 Requirements of NSW Rural Fire Service Pursuant to s100B of the Rural Fire Act 1997, the applicant shall comply with the conditions of consent specified by the NSW Rural Fire Service Letter dated 18 July 2017 attached to this consent.

4 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.

5 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.

6 Mailboxes The developer must install mailboxes along street frontage of the property boundary in accordance with Australia Post Guidelines. Prominent house numbers are to be displayed, with a minimum number size of 150 mm in height for each number and letter in the alphabet.

7 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.

8 Tree Retention / Removal The developer shall retain the existing trees indicated on the landscape plan by LA Landscape Architect dated 01.06.2017 and Arborist’s Report by Allied Tree Consultancy dated April 2017consisting of trees numbered T2 – T6 and T8 trees T5, T6 and T8 are located on adjacent sites.

Any branch pruning, which has been given approval, must be carried out by a qualified arborist in accordance with Australian Standard AS4373-2007.

All tree protection measures are to be installed in accordance with Australian standard AS4790-2009 Protection of Trees on development Sites.

All recommendations in Arborist’s Report by Allied Tree Consultancy dated April 2017 to be implemented including and not restricted to: remedial tree pruning, deadwooding, fencing and signage, sediment buffer, stem protection, establishing tree protection zones and watering and root hormone application if required.

This consent permits the removal of trees numbered T1 and T7 indicated on the landscape plan by LA Landscape Architect dated 01.06.2017 and Arborist’s Report by Allied Tree Consultancy dated April 2017. No other trees shall be removed without prior written approval of Council.


Prior to the Issue of the Construction Certificate

9 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 the Stormwater Concept Plan drawing no. 1001 revision E prepared by Rienco Consulting dated 22/09/2017

10 On-Site Detention – Design Criteria The on-site stormwater detention facility shall incorporate a minimum 900mm x 900mm square lockable grate for access and maintenance purposes, provision for safety, debris control screen and a suitably graded invert to the outlet to prevent ponding. Also, details of the orifice plate including diameter of orifice and method of fixing shall be provided. These requirements shall be reflected on the Construction Certificate plans.

11 On-Site Detention – Identification The construction certificate plans are to detail a corrosion resistant identification plaque for location on or close to the on-site stormwater detention OSD facility. The plaque shall include the following information and shall be installed prior to the issue of the occupation certificate:

The structure is an OSD facility, being part of the stormwater drainage network, and is not to be tampered with.

Identification number – DA-2017/748

Any specialist maintenance requirements.

12 Orifice/Weir Calculations Orifice and weir calculations for the on-site detention facility shall be provided to the Principal Certifying Authority for approval prior to the issue of the Construction Certificate. The orifice shall be of circular shape, designed to allow free discharge and have no influence from any tailwater levels in the downstream drainage system.

13 Roofwater Drainage All roof gutters and downpipes shall be designed to cater for a 1 in 100 year ARI storm event in accordance with the current version of AS 3500.3 – Plumbing and Drainage Stormwater Drainage. Details of gutter/downpipe sizes and downpipe locations shall be reflected on the Construction Certificate plans

14 Stormwater Connection to Kerb Connection across footways shall be by means of one or two maximum 100mm diameter pipes with a continuous downslope gradient to the kerb. Connection to the kerb shall be made with a rectangular, hot dipped galvanised mild steel weepholes shaped to suit the kerb profile, with each weephole having the capacity equal to a 100mm diameter pipe. Alternatively, a maximum of two 150mm x 100mm hot dipped galvanised steel pipes may be used across footways, with the 150mm dimension being parallel to the road surface to suit the kerb profile.

15 Council Footpath Reserve Works All redundant vehicular crossings and laybacks rendered unnecessary by this development must be reconstructed to normal kerb and gutter to match the existing. The verge from the back of kerb to the boundary must be removed and the area appropriately graded, topsoiled and turfed in a manner that conforms with adjoining road reserve. The area forward of the front boundary must be kept smooth, even and free from any trip hazards. All alterations of public infrastructure where necessary are at the developer’s expense.

All new driveway laybacks and driveway crossings must be designed in accordance with Wollongong City Council Standards. Details and locations are to be shown on the Construction Certificate Plans.


16 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.

The maximum height of a retaining wall located within 900mm of the adjoining boundary shall be 600mm unless approved within this Development Application.

17 Overland Flow Path Diversion The proposed overland flow path diversion must be designed by a suitably qualified civil engineer to cater for the 1% AEP event and be designed in accordance with the assumptions made within the Summary Of Overland Flow Path Investigation 206 Brokers Road Balgownie, job no. 15102-01, by Rienco Consulting dated 5th April 2017. Blockage factors for pits must be in accordance with Section 7.2 2 of Chapter E14, Wollongong DCP2009. The detailed design of the development must ensure the above requirements are reflected on the Construction Certificate plans prior to the release of the construction certificate by the certifying authority.

18 Protection of Buildings from Ingress of Overland Flow Detailed design of the development shall ensure that there will be no ingress of overland flow into the proposed buildings. All buildings shall be provided with a 300 mm freeboard above the highest adjacent 1% AEP level as per Australian Rain Fall and Runoff 2016. The minimum habitable floor level requirements for each unit are identified in the Table below. These requirements shall be reflected on the Construction Certificate plans and supporting documentation prior to the release of the Construction Certificate.

Unit Minimum Habitable Floor m AHD

1 110.5

2 109.8

3 109.8

4 111.1

19 Flood Protection Wall/Overland Flow Path Diversion Wall A continuous impermeable flood protection wall shall be provided around the southern and western side of Unit 1 adjacent to the overland flow path draining overflows from Dobinson Street as identified in the Stormwater Concept Plan drawing no. 1001 revision E prepared by Rienco Consulting dated 22/09/2017. The top of the flood wall shall be set a minimum of 0.3 metres above the adjacent 100 year ARI water level. The flood protection wall shall be designed to withstand the forces of floodwater, debris, and buoyancy up to and including the adjacent 100 year ARI water level plus 0.3 metres freeboard. Details of the flood wall, including plan view extent, cross-sections, structural details, waterproofing, top of wall levels, and calculated adjacent 100 year ARI water levels, shall be prepared by a suitably qualified civil engineer and reflected on the Construction Certificate plans prior to the release of the Construction Certificate.

20 Scour Protection All stormwater outlets and overland flow paths shall incorporate appropriate scour/erosion protection measures in accordance with good engineering practice with the protection measure being determined based on the flow characteristics and velocities. The final details of the proposed scour/erosion protection measures shall be reflected on Construction Certificate plans.

21 Structural Engineering Details The submission of structural engineering details by a suitably qualified and experienced structural engineer with appropriate insurance coverage to the Principal Certifying Authority, prior to the release of the Construction Certificate addressing the following matters:

a Footings;


b reinforced concrete slabs; c retaining walls; d structural steelwork; e wall bracing and tie-down requirements; f the structural engineer, in producing a design is to complement the Geotechnical

Engineer’s Stability Report to make a clear statement that “any structure designed and erected in accordance with the plans and specifications will achieve the performance requirements described in Clause 1.3 of 2870 1996 and any other relevant codes and standards.”

22 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.

23 Endeavour Energy Requirements The applicant shall consult with Endeavour Energy in relation to any requirements pertinent to the existing easement for electricity along the Brokers Road frontage of the site and provide documentary evidence from Endeavour Energy to the Principal Certifying Authority confirming that:

a satisfactory arrangements have been made with Endeavour Energy regarding any safety measures to be employed during construction of the development, and

b that provision of electricity supplies to the development has been made

prior to the release of the Construction Certificate.

Note: Applications should be made to Customer Connections – South Coast, Endeavour Energy PO Box 811 Seven Hills NSW 1730.

24 Muted Bushland Tones – External Finishes To ensure the development is compatible with the surrounding environment, colours and finishes are to be muted bushland tones. In this regard white, light or bright colours are not permissible.

25 Car parking and Access The development shall make provision for a total of 12 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.

26 Prior Approval for Occupation of Council’s Footpath/Roadway or Entering and Exiting a Construction Site A section 138 Road Occupancy Approval under the Roads Act must be obtained from Council prior to the commencement of any works or road occupation, on the road reserve NB: road reserve includes road, footpath and nature-strip. Examples of where this is required are:

• carrying out demolition works involving truck movements entering and leaving the site; • loading or unloading machinery on the road reserve; • materials or equipment deliveries to and from the site; • installation of a fence or hoarding on road reserve; • stand a mobile crane or concrete pump on the public road reserve; • pump stormwater from the site to Council’s stormwater drains;

http://www.sydneywater.com.au/

http://www.sydneywater.com.au/


• store waste containers, skip bins and/or building materials on part of Council’s road reserve;

• installation of services to mains such as water, sewer, gas, electricity and stormwater drainage;

• construction of new vehicular crossings or footpaths; • partial road closures; • carrying out survey or investigation works on the road reserve; • any activity which uses part of Council’s road/footpath area or proposes an interruption

to pedestrian and/or vehicular traffic;

Note: Council considers the impact of any application and may not approve an application which will require the applicant to reconsider the proposed methodology.

27 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.

28 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.

29 The depth and location of all services ie gas, water, sewer, electricity, telephone, traffic lights, etc must be ascertained and reflected on the Construction Certificate plans and supporting documentation.

30 Details of the proposed method of connection of the On-site Detention OSD facility and the overland flow path diversion stormwater infrastructure to Council’s drainage system must be provided with the detailed drainage design for the site. The details must be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

31 The developer must provide on-site detention storage for stormwater runoff from the development. The Site Storage Requirement SSR and Permissible Site Discharge PSD values for the site must be designed in accordance with Chapter E14 of the Wollongong DCP2009. Details of the detention facility and SSR/PSD values must be submitted with the Construction Certificate application.

32 Landscaping The submission of a final Landscape Plan will be required in accordance with the requirements of Wollongong City Council DCP 2009 Chapter E6 and the approved Landscape Plan ie as part of this consent for the approval by the Principal Certifying Authority, prior to the release of the Construction Certificate.

33 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.

34 The implementation of a landscape maintenance program in accordance with the approved Landscape Plan for a minimum period of 12 months to ensure that all landscape work becomes well established by regular maintenance. Details of the program must be submitted with the Landscape Plan to the Principal Certifying Authority prior to release of the Construction Certificate.


35 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 Installation of Tree Protection Fencing - A one 1 metre high exclusion fence must be installed around the extremity of the dripline of the tree/trees to be retained prior to any site works commencing. The minimum acceptable standard is a 3 strand wire fence with star pickets at 1.8 metre centres. This fence must be maintained throughout the period of construction to prevent any access within the tree protection area. Details of tree protection and its locations must be indicated on the architectural and engineering plans to be submitted to the Principal Certifying Authority prior to release of the Construction Certificate.

c 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.

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

36 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.

37 Smoke Alarms Smoke alarms designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency shall be installed in the building in accordance with Part 3.7.2 of the Building Code of Australia Housing Provisions. The location of smoke alarms shall be shown on plan prior to the issue of the construction certificate.

38 On-Site Detention – Structural Design The on-site detention facility must be designed to withstand loadings occurring from any combination of hydrostatic, earth, traffic and buoyancy forces. Details must be provided demonstrating these requirements have been achieved prior to the issue of the Construction Certificate.

39 On-Site Detention - Maintenance Schedule


A maintenance schedule for the on-site stormwater detention system must be submitted with the Construction Certificate plans for the proposed development. The maintenance schedule must be in accordance with Chapter E14 of the Wollongong DCP2009.

40 Property Addressing Policy Compliance Prior to the issue of any construction certificate, the developer must ensure that any site addressing complies with Council’s Property Addressing Policy as amended. Where appropriate, the developer must also lodge a written request to Council’s Infrastructure Systems & Support – Property Addressing [email protected], for the site addressing prior to the issue of the construction certificate. Enquiries regarding property addressing may be made by calling 4227 8660.

41 Footpath Paving The developer is responsible for the construction of footpath paving for the entire frontage of the development. The type of paving for this development is a 1500mm wide, 100mm thick, reinforced, broom finished concrete. A nominal two percent 2% minimum one percent 1%, maximum two and a half percent 2.5% cross fall to be provided from property line to back of kerb. Any changes of level, ramps or stairs and associated tactile markers and handrails are to be contained with the property boundary.

The driveway entry threshold from the property boundary line to the face of kerb is to be broom finished concrete to match the footpath and be designed to withstand predicted traffic loadings. The driveway threshold finish within property boundary line is to contrast with driveway entry.

The footpath and driveway entry on the council property must be installed to the satisfaction of WCC Manager of Works. A Landscape Plan is to be submitted to Council for approval prior to the issue of the Construction Certificate showing proposed paving, footpath design levels, street tree details and location of all services.

42 Street Trees

The developer must address the street frontage by installing street tree planting. The number and species for this development two Elaeocarpus reticulatis Blueberry Ash, 200 litre container size, in accordance with AS 2303:2015 Tree stock for landscape use. Street trees are to be installed in accordance with Wollongong Development Control Plan 2009 – Chapter E6: Landscaping. ‘Dial Before You Dig’ must be consulted prior to any excavation on site. Pot holing must be carried out to determine service location. Tree pits must be adequately mulched, plants installed and staking installed to the satisfaction of WCC Manager of Development Engineering. Staking is to consist of min. 3 x 2400 x 50 x 50mm hardwood stakes driven min 600mm into firm ground. Hessian webbing is to be utilised to secure plant stock to industry standard.

These requirements shall be reflected on the Construction Certificate plans and any supporting documentation.

43 Section 94A Contributions Pursuant to Section 80A1h of the Environmental Planning and Assessment Act 1979 and the Wollongong Section 94A Development Contributions Plan 2017, a monetary contribution of $9,680.00 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: 858978

• 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

44 Acoustic Treatment to Residential Development Prior to construction, advice shall be obtained from an acoustical consultant who is a member of the Australian Acoustical Society or the Association of Australasian Acoustical Consultants for the construction of “Category” noise control treatment building elements as stated in Appendix C – Acoustic Treatment of Residences of Development Near Rail Corridors and Busy Roads – Interim Guideline Department of Planning 2008 and compliance with Clause 102 Impact of road noise or vibration on non-road development of State Environmental Planning Policy Infrastructure 2007 that states:

If the development is for the purpose of a building for residential use, the consent authority must be satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded:

a in any bedroom in the building – 35dBA at any time between 10 pm and 7 am, b anywhere else in the building other than a garage, kitchen, bathroom or hallway – 40dBA at any time.

45 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.


46 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:

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 owners 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.

47 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.

48 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.


49 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.

50 Waste Management 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 reusable materials.

51 Supervision of Works and Notification to Council of Works in Road Reserve The work shall be supervised by a suitably qualified and experienced Civil Engineer, Registered Surveyor or Civil Engineering Foreman. The supervisor’s name, address and contact details including telephone number shall be submitted to the Principal Certifying Authority and Council prior to the commencement of any works.

The submission of a written construction program and anticipated duration of the construction to Council is required prior to the commencement of any works within any public road reserve.

52 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.

53 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.

54 Erosion Controls – Vehicular Entry/Exit Points The vehicular entry/exits to the site must be protected from erosion and laid with a surface material which will not wash into the street drainage system or watercourse.

55 Supervising Arborist – Tree Inspection and Installation of Tree Protection Measures Prior to the commencement of any demolition, excavation or construction works, the supervising arborist must certify in writing that tree protection measures have been inspected and installed in accordance with the arborist’s recommendations and relevant conditions of this consent.

56 Certification from Arborist - Adequate Protection of Trees to be Retained A qualified arborist is required to be engaged for the supervision of all on-site excavation or land clearing works. The submission of appropriate certification from the appointed arborist to the Principal Certifying Authority is required which confirms that all trees and other vegetation to be retained are protected by fencing and other measures, prior to the commencement of any such excavation or land clearing works.

57 Vehicular Crossing Prior to the works commencing on the construction of the vehicular crossing the applicant shall apply for and obtain the relevant approval for a Vehicular Crossing from Councils Works and Services Division for a “Recognised Concrete Contractor” to carry out the works.

A copy of the approval shall be submitted to the Principal Certifying Authority prior to works commencing. The entire length of any vehicular crossings must be constructed:

a to Council’s currently adopted standard drawings; b for the full width of the footpath; and c by Council’s recognised concrete contractors at the developer’s expense.

58 Notification to Council of any Damage to Council’s Infrastructure


Council must be notified in the event of any existing damage to any of Council’s infrastructure including, but not limited to the road, kerb and gutter, road shoulder, footpath, drainage structures and street trees fronting the development prior to the commencement of work. Adequate protection must be provided to Council infrastructure prior to work commencing and during the construction period. Any damage to Council’s assets shall be restored in a satisfactory manner prior to the issue of the Occupation Certificate.

59 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.

During Demolition, Excavation or Construction

60 Acoustic Treatment of Residences During construction, all recommendations of the acoustical consultant shall be implemented.

61 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.

62 Fences Any new fences constructed on the site and located in the flood plain and/or overland flow path shall be of a type that will not obstruct the free flow of flood/surface water useless they have been specifically included as an obstruction/structure in the flood modelling complete by Rienco Consulting Summary Of Overland Flow Path Investigation 206 Brokers Road Balgownie, job no. 15102-01, by Rienco Consulting dated 5th April 2017.

63 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 in accordance with the approved plans:

a footing excavation: b slab formwork; c foundation walls; d walls and completed eaves/gutter/fascia/gable; e building on the site.

64 Survey Report for Floor Levels A Survey Report must be submitted to the Principal Certifying Authority verifying that each floor level accords with the floor levels as per the approved plans under this consent. The survey shall


be undertaken after the formwork has been completed and prior to the pouring of concrete for each respective level of the building if the building involves more than one level. All levels shall relate to Australian Height Datum.

65 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.

66 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.

67 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.

68 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.

69 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.

70 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 dBA, and a LAeq 15 min of 75 dBA 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.

71 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.


72 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.

73 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.

74 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.

75 Building operations such as brick cutting, the washing of tools or paint brushes, or other equipment and the mixing of mortar must not be carried out on the roadway or public footpath or any other locations which could lead to the discharge of materials into the stormwater drainage system or natural watercourse.

76 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.

77 BASIX All the commitments listed in each relevant BASIX Certificate for the development must be fulfilled in accordance with Clause 97A2 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.’’

78 Water and Utilities

Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

79 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.

Prior to the Issue of the Occupation Certificate

80 Section 73 Certificate A Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.


81 Flood/Stormwater Affectation Certification The submission of a report from a suitably qualified and experienced civil hydrology engineer to the Principal Certifying Authority is required, prior to the issue of the Occupation Certificate. This report is required to certify that the ‘as-constructed’ development will not result in any detrimental increase in flood affectation to other development or properties due to changes in overland flow levels, diversion of flows, and/or alteration of conveyance. The report must also certify that the ‘as constructed’ development will not result in any adverse stormwater impacts to the adjoining land due to obstruction and/or ponding of surface water runoff.

82 Structural Soundness Certification The submission of a report from a suitably qualified and experienced structural engineer to the Principal Certifying Authority is required, prior to the issue of the final Occupation Certificate and commencement of use. This report is required to verify that the flood protection wall can withstand the forces of floodwater, debris and buoyancy up to and including the adjacent 100 year ARI water level plus 0.3 metres freeboard.

83 Drainage WAE The developer shall obtain written verification from a suitably qualified civil engineer, stating that all stormwater drainage and related work including any re-shaping works within the overland flow path has been constructed in accordance with the approved plans. In addition, full works-as-executed plans, prepared and signed by a Registered Surveyor shall be submitted. These plans shall include levels and location for all drainage structures and works, buildings including floor levels, and finished ground and pavement surface levels. This information shall be submitted to the Principal Certifying Authority prior to the issue of the final occupation certificate.

84 Restriction on Use – Overland Flow Paths The applicant must create a restriction on use under the Conveyancing Act 1919 over all engineered overland flow paths which prohibits the making of any alterations to the surface levels of the swale/mound/overland flow path and prohibits the erection of ancillary buildings, fences, placement of fill and the planting of trees over the swale/mound/overland flow path. The name of the authority having the power to release, vary or modify the restriction referred to is Wollongong City Council. The instrument, showing the restriction must be submitted to the certifying authority prior to the release of the occupation certificate.

85 Drainage The developer must obtain a certificate of Hydraulic Compliance using Council’s M19 form from a suitably qualified civil engineer, to confirm that all stormwater drainage and on-site detention works have been constructed in accordance with the approved plans. In addition, full works-as-executed plans, prepared and signed by a Registered Surveyor must be submitted. These plans and certification must satisfy all the stormwater requirements stated in Chapter E14 of the Wollongong DCP2009. This information must be submitted to the Principal Certifying Authority prior to the issue of the final Occupation Certificate.

86 Restriction on use – On-site Detention System The applicant must create a restriction on use under the Conveyancing Act 1919 over the on-site detention system. The following terms must be included in an appropriate instrument created under the Conveyancing Act 1919 for approval of Council:

“The registered proprietor of the lot burdened must not make or permit or suffer the making of any alterations to any on-site stormwater detention system on the lots burdened without the prior consent in writing of the authority benefited. The expression ‘on-site stormwater detention system’ shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater as well as all surfaces graded to direct stormwater to those structures.

Name of the authority having the power to release, vary or modify the restriction referred to is Wollongong City Council.”

The instrument, showing the restriction, must be submitted to the Principal Certifying Authority for endorsement prior to the issue of the final Occupation Certificate and the use of the development.


87 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.

88 Occupation Certificate A final 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.

89 Positive Covenant – On-Site Detention Maintenance Schedule A positive covenant shall be created under the Conveyancing Act 1919, requiring the property owners to undertake maintenance in accordance with the Construction Certificate approved On-Site Stormwater Detention System and Maintenance Schedule application number to be referenced.

The instrument, showing the positive covenant must be submitted to the Principal Certifying Authority for endorsement prior to the issue of the final Occupation Certificate and the use of the development.

90 On-Site Detention – Structural Certification The submission of a certificate from a suitably qualified practising civil and/or structural engineer to the Principal Certifying Authority is required prior to the issue of the final Occupation Certificate. This certification is required to verify the structural adequacy of the on-site detention facility and that the facility has been constructed in accordance with the approved Construction Certificate plans.

91 Completion of Landscape Works The completion of the landscaping works as per the final approved Landscape Plan is required prior to the issue of Occupation Certificate.

Operational Phases of the Development/Use of the Site

92 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.

Reasons

The reasons for the imposition of the conditions are:

1 To minimise any likely adverse environmental impact of the proposed development.

2 To ensure the protection of the amenity and character of land adjoining and in the locality.

3 To ensure the proposed development complies with the provisions of Environmental Planning Instruments and Council’s Codes and Policies.

4 To ensure the development does not conflict with the public interest.

Independent Hearing and Assessment Panel Report 28...

Documents

Transcript of Independent Hearing and Assessment Panel Report 28...