Ordinary Meeting No. 4324 · 4324 - 28 May 2012 INDEX A - CONFIRMATION OF MINUTES 1. Confirmation...

Hunter 's H i l l Counc i l

Ordinary Meeting

No. 4324 28 May 2012 at 7.30pm

ORDER OF BUSINESS

Prayer

Attendance, Apologies,

Declarations of Interests

A Confirmation of Minutes

Civic Ceremonies

B Mayoral Minutes & Reports

Tabling of Petitions

Addresses from the Public

Reports from Staff

D Development & Regulatory Control

E Works & Services

F Corporate Governance

H General Manager

M General Business

HUNTER'S HILL COUNCIL

ORDINARY MEETING OF COUNCIL

4324 - 28 May 2012

INDEX

A - CONFIRMATION OF MINUTES

1. Confirmation of Minutes of Ordinary Meeting No.4323 held 14 May 2012 1

B - MAYORAL MINUTES & REPORTS

1. Official Opening of the Hunters Hill Sailing Club Pontoon & 50th Annual Presentation of Prizes

1

2. Formation of a Friendship Pact to Celebrate the Centenary of the Birth of the Late Nora Heysen

3

D - DEVELOPMENT & REGULATORY CONTROL

1. Report on Legal Matters 1 2. Delegated Authority 2

E - WORKS & SERVICES

1. Planet Footprint Reporting on Councils Water & Energy Use 1 2. Improving Resource Recovery in Hunters Hill 2 3. Waste Levy Review 4 4. Waste 2012 Conference 5

F - CORPORATE GOVERNANCE

1. Summary of Council Investment as at 30 April 2012 1

H - GENERAL MANAGER

1. Leave of Absence Councillor Simon Frame 1 2. Metro Pool Membership - Kiama Municipal Council 2

M - GENERAL BUSINESS

1. Meetings - Various Committees of Council 1

A

Confirmation of

Minutes

A - Confirmation of Minutes

4324 - 28 May 2012

Index

1. Confirmation of Minutes of Ordinary Meeting No.4323 held 14 May - 2012 1

Councillor Susan Hoopmann MAYOR

Barry Smith GENERAL MANAGER

MINUTES OF ORDINARY MEETING NO.4323 Held 14 May - 2012 A1

Minutes of the Ordinary Meeting No.4323 held on 14 May 2012. This is page

COMMENCEMENT

The meeting opened with prayer at 7.35pm.

IN ATTENDANCE

The Mayor Councillor Susan Hoopmann, Deputy Mayor Councillor Richard Quinn, Councillors Peter Astridge, Murray Butt, Ross Sheerin and Meredith Sheil.

ALSO PRESENT The General Manager Barry Smith, the Group Manager Development and Regulatory Control Steve Kourepis and the Group Manager Works and Services David Innes.

APOLOGIES

Apologies were received from Clr Simon Frame 110/12 RESOLVED on the motion of Clr Quinn, seconded Clr Sheil that the apologies be

accepted and leave of absence granted.

DECLARATIONS OF INTEREST The Mayor called for Declarations of Interest without response.

CONFIRMATION OF MINUTES

111/12 RESOLVED on the motion of Clr Sheerin, seconded Clr Butt that the Minutes of Ordinary Meeting No.4322, held 03 April 2012, be confirmed.

REPORTS FROM STAFF

DEVELOPMENT & REGULATORY CONTROL (Pages D1 – D86) 1. DA NO. 2007/1084-2 – 8 CROISSY AVENUE, HUNTERS HILL PROCEEDINGS IN BRIEF Mr. Renato Ius (Objector, Representing Owners of 9 Croissy Avenue) and Mr. Joe

Vescio (Support of Applicant) addressed the meeting on the subject matter.

SUSPENSION OF STANDING ORDERS 112/12 RESOLVED on the motion of Clr Sheerin, seconded Clr Sheil that at 7.58pm,

Standing Orders be suspended to allow Councillors to view plans.

RESUMPTION OF STANDING ORDERS 113/12 RESOLVED on the motion of Clr Astridge, seconded Clr Sheerin that at 8.10pm,

Standing Orders be resumed.



114/12 RESOLVED on the motion of Clr Sheerin, seconded Clr Butt that Development Application No.2007/1084-2 to modify under Section 96(1A) of the Act, Development Consent No.2007/1084 for the construction of alterations & additions to the existing dwelling including a ground floor extension and a first floor addition plus a detached garage at 8 Croissy Avenue, Hunters Hill, be approved and condition No.1 be amended as follows:

1. The development being carried out in accordance with plans prepared by

Artiva Architects, Job No.0662 drawing Nos.A:01-S96, A06-S96, A13-S96, A14-S96, A21-S96 to A27-S96 all issue A, dated 16 December 2011 as received by Council on 21 December 2011 and 23 April 2012` and A11 & A12 issue H dated 9 September 2010, as received by Council on 10 September 2010, except where amended by conditions of this approval.

2. Council write to Department of Planning with a formal complaint concerning

the certification process by the Certifier on 8 Croissy Avenue, Hunters Hill, and outlining Councils concern relating to the s96 application, requesting action by the Department.

RECORD OF VOTING

Yes Against / Absent Clr Peter Astridge Clr Simon Frame - Absent Clr Murray Butt Clr Meredith Sheil – Against Motion Clr Susan Hoopmann Clr Richard Quinn Clr Ross Sheerin

2. DA2012-1007 – 1/167-171 VICTORIA ROAD, GLADESVILLE PROCEEDINGS IN BRIEF Mr. Nigel Miller (Available if required) addressed the meeting on the subject matter. 115/12 RESOLVED on the motion of Clr Sheerin, seconded Clr Butt that Development

Application No.12/1007 for the fit out of a gymnasium at 1/169-171 Victoria Road, Gladesville, be approved, subject to the following conditions: Special Conditions: 1. Pursuant to the provisions of the Environment Planning & Assessment Act

1979 this approval shall lapse and be void if the building work or use to which it refers is not substantially commenced within five (5) years after the date of approval.

2. The development consent No.12/1007 relates to the plans prepared by

MADS, drawing numbered 2452 RM, issue A, dated 19 January 2012, signage diagram 1, 2 and 3, prepared by unknown author, date stamped by Council 10 February 2012.

3. That development consent is to ensure that the following conditions, as

recommended by Acoustic Consulting Engineers, dated 17 November 2011, submitted be complied with:

(a) No fixing of exercise equipment to common/adjoining walls with

other building/occupants.



(b) Provision of ‘Pin Loaded’ instead of ‘Free’ weights where possible. In the event that ‘Free’ weights are required, they are located in areas furthest from noise sensitive receivers and free weights not exceeding 40kg to avoid dropping of dumbbells.

(c) Weights/dumbbells rubber coated. (d) Provision of a minimum of 10mm compressed rubber flooring

under weight areas. (e) No amplified music. (f) Background music from television be set to a volume typical of that

in a domestic dwelling and controlled from a lockable room without access to gym members.

(g) Gym members are advised that stereo and loudspeaker sound

systems will not be provided and members are encouraged to bring personal music devises such as MP3 Players and iPods.

(h) No provision of structured classes to minimise noise and vibration

from group activities. (i) Fitting of time clocks to the air-conditioning system to limit their

operations to daytime only (i.e. Between 7:00am and 10:00pm). (j) Closing windows and/or doors exposed to noise sensitive

receivers. (k) Outdoor air-conditioning condenser units selected with low noise

emission levels and located away from noise sensitive receivers. 4. That the business be conducted without causing nuisance to occupiers of

adjacent premises and the public. 5. To increase the number of patrons or staff, Council will require the

submission of a further application at which car parking will be assessed relative to Council’s Car Parking Code and contribution rate at the time of making such application.

6. That no advertising material is displayed without the prior approval of

Council. 7. The maximum number of patrons the business may service within the

premise is restricted to ten (10), at any time. 8. That the number of persons employed on the premises does not exceed

two (2), at one time. 9. That trade waste be removed from the premises to Council’s satisfaction.

10 Hours of operation of the development are Monday to Sunday and including Public Holidays from 5am to 11pm: and that the Applicant be advised that:

(a) The hours of operation as detailed above are for a trial period of twelve (12) months from the date of this approval.



(b) The applicant must lodge an application at least two months prior to the expiration of the 12 month trial period for the extended hours of operation of the premises.

(c). The hours of operation as approved above shall continue until the application for review is determined.

Standard Conditions A5-A9, C1-C4, C7, FS1, S1, S2 Councillor Quinn Foreshadowed a Motion that the recommendation be adopted as printed.

RECORD OF VOTING Yes Against / Absent

Clr Peter Astridge Clr Simon Frame - Absent Clr Murray Butt Clr Susan Hoopmann Clr Richard Quinn Clr Ross Sheerin Clr Meredith Sheil

3. DA2011-1151 - 58 - 60 GLADESVILLE ROAD, HUNTERS HILL PROCEEDINGS IN BRIEF A MOTION WAS MOVED, Clr Sheerin, seconded Clr Butt that Development Application

No.2011-1151 for the demolition of existing buildings, construction of a three-storey mixed development comprising residential and retail above one basement level for carparking and services at 58-60 Gladesville Road, Hunters Hill, be approved, subject to satisfying the following deferred commencement conditions:

1. The proposed vehicular access arrangements shall be subject to an

independent road safety audit prepared by a level 3 Auditor, which takes into account an appropriate speed zoning through Hunters Hill Shopping Village, pedestrian management (particularly of school children) generally at the relocated bus stop and right turn vehicular needs of vehicles serving the shops and residents on the southern side of Gladesville Road entering and leaving via Howard Place, Pitt Street and Joubert Street South.

Reason: To address concerns relating to pedestrian and traffic safety

2. That the shopfront windows and associated columns to the ground floor level shall be setback 2.0m from the Gladesville Road boundary. The plans are to be amended with the required Construction Certificate.

Reason: To ensure satisfactory road safety by improving sight lines for

vehicles exiting the basement. Note: No changes are required for the first and second floor levels.

SUSPENSION OF STANDING ORDERS 116/12 RESOLVED on the motion of Clr Sheerin, seconded Clr Sheil that at 9.00pm,

Standing Orders be suspended to allow Councillors to view plans.



RESUMPTION OF STANDING ORDERS

117/12 RESOLVED on the motion of Clr Sheerin, seconded Clr Astridge that at 9.20pm, Standing Orders be resumed.

Upon resumption of Standing Orders THE MOTION WAS WITHDRAWN by Clr Sheerin and Clr Butt.

118/12 RESOLVED on the motion of Clr Sheil, seconded Clr Quinn that Development

Application No.2011-1151 for the demolition of existing buildings construction of a three-storey mixed development comprising residential and retail above one basement level for carparking and services at 58-60 Gladesville Road, Hunters Hill, be approved, subject to the following conditions:

1. Pursuant to the provisions of the Environment Planning & Assessment Act

1979 this approval shall lapse and be void if the building work or use to which it refers is not substantially commenced within five (5) years after the date of approval.

2. Pursuant to section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Hunters Hill Section 94A Developer Contributions Plan 2011, a contribution of $42,717.40 shall be paid to Council.

The amount to be paid is to be adjusted (if required) at the time of the actual payment, in accordance with the provisions of Hunters Hill Section 94A Developer Contributions Plan 2011.

The contribution must be paid to Council:

• prior to the issue of any construction certificate;

• prior to the issue of any subdivision certificate;

• prior to the commencement of any work pursuant to the

development consent;

• prior to the issue of any occupation certificate;

whichever occurs first.

3. This consent shall be undertaken strictly in accordance with the following approved documentation as modified by any condition of consent:

(a) Plans prepared by Squillace Nicholas Architects: DA00 A dated 22 12 2011 DA12 A dated 22 12 2011 DA01 A dated 22 12 2011 DA13 A dated 22 12 2011 DA02 B dated 12 04 2012 DA14 A dated 22 12 2011 DA03 B dated 12 04 2012 DA15A A dated 22 12 2011 DA04 A dated 22 12 2011 DA15B A dated 22 12 2011 DA05 A dated 22 12 2011 DA15C A dated 22 12 2011 DA07 A dated 22 12 2011 DA18 A dated 11 04 2012 DA08A B dated 12 04 2012 DA19 A dated 11 04 2012 DA08B B dated 12 04 2012 DA20 A dated 11 04 2012 DA09 B dated 12 04 2012 DA21 A dated 11 04 2012 DA11 A dated 22 12 2011

Note that any amendments that are required by other conditions attached to this consent must be reflected by the Construction Certificate plans.



(b) the material sample board by Squillace Nicholas Architects DA10 A dated 22 12 2011

(c) the BASIX Certificate No 410624M dated 22 December 2011 and the Assessor Certificate 16488576 dated 22 December 2011

(d) The works shall be erected in conformity with the approved plans and any approved specifications and in accordance with the conditions of approval. Any alterations, modification or variations to these plans or specifications requires the prior formal approval of Council.

(e) The approved Exterior finishes and all landscaping shall remain as approved and maintained in perpetuity unless formally approved by Council.

4. In event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

5. The works set forth in the plans and specifications and approved under this consent, shall be completed within three years from the date of activation of this consent.

6. For the purpose of ensuring the compliance with the terms of the approval, an approved copy of the plan and this Consent and Construction Certificate shall be kept on site at all times.

7. For the purpose of health and amenity the building any new buildings constructed are not to be used or occupied until the Principal Certifying Authority has issued an Occupation Certificate. A Private Certifier is required to submit the Compliance Certificates and Occupation Certificate to Council, along with all required documentation for recording purposes and pay the appropriate fee of $50.00.

8. No consent is granted or implied for the subdivision of the development.

9. No consent is granted or implied for use of the proposed retail/commercial tenancies.

10. No consent is granted or implied for any building or commercial signs.

11. The lots that comprise the development site shall be consolidated prior to issue of the Occupation Certificate.

12. Entry and exit to the site during demolition, construction and upon completion (ie in perpetuity) shall be restricted to left in/left out ONLY in off-peak periods on Gladesville Road. The exit shall be sign posted accordingly.

Design details

13. All BASIX requirements shall be implemented and certified by the BASIX consultant prior to issue of the Occupation Certificate.



14. Ceiling Heights

The minimum ceiling heights nominated on the approved plans being provided throughout the building from finished floor level to underside of finished suspended ceilings (including allowing for services and air conditioning etc). The need for compliance does not purport to permit any increase in the floor levels or overall height of the building.

The construction drawing is to ensure compliance prior to commencement of works.

15. It is the responsibility of the applicant to consult with Sydney Electricity and any other authority prior to construction commencing to ensure that direct connection to the building is possible.

16. For the purpose of maintaining visual amenity, no permanent electricity supply poles or aerial cables are to be erected or remain in place within the building setback or adjacent road reserve area.

17. Any required electricity substation is to be located within the site and not visible from outside of the subject property.

18. External service pipes and the like prohibited

Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building. Details confirming compliance with this condition must be shown on construction certificate plans and detailed with construction certificate specifications.

Required external vents or vent pipes on the roof or above the eaves must be shown on construction certificate plans and detailed with construction certificate specifications. External vents or roof vent pipes must not be visible from any place unless detailed upon development consent plans. Where there is any proposal to fit external service pipes or the like this must be detailed in an amended development (S96) application and submitted to Council for determination.

Vent pipes required by Sydney Water must not be placed on the front elevation of the building or front roof elevation. The applicant, owner and builder must protect the appearance of the building from the public place and the appearance of the streetscape by elimination of all external services excluding vent pipes required by Sydney Water and those detailed upon development consent plans.

Reason: To protect the streetscape and the integrity of the approved development.

19. Garbage storage shall be located so that their use will not interfere with the use of access driveways, loading bays or parking bays. Collection vehicles will enter and leave the premises in a forward direction.

20. The driveway to be traversed by the collection vehicle shall be of adequate strength, width and design to carry collection vehicles and loads.

21. The area between the garbage room and collection area shall be adequate in width, relatively level, smooth and designed to provide direct access. There shall be no step at the garbage room door and the garbage room and collection area shall be as close to one another as practicable.



22. Garbage storage and collection

The doorway opening of the garbage room shall be expanded to be of adequate size to allow easy access for 55 litre regulation garbage bins, 120 litre mobile bins or larger containers and to permit the reinstallation and maintenance of equipment that may be used in the room.

If containers are to be used in the garbage room a minimum width of 1800mm shall be provided.

All internal walls of the garbage storage area shall be rendered to a smooth surface, coved at the floor/wall intersection, graded and appropriately drained to the sewer with a tap in close proximity to facilitate cleaning. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any interim / final Occupation Certificate.

All garbage and waste storage and removal shall occur onsite and within the building. There are to be no garbage bins placed on the footpath/road at any time. The garbage is to be removed by the applicant’s/owners contractors, not the Council. Garbage room floors shall be graded to a floor waste, which shall be connected to the sewer. No drainage from garbage rooms shall be connected directly or indirectly to the stormwater drainage system, Council’s road gutter or Council’s drainage system.

Prior to release of the Construction Certificate

23. Payment for the following bonds shall be received by Hunter’s Hill Council:

(a) Security Bond

A bond (determined from cost of works) of $10,000.00 and an inspection fee in accordance with Councils Fees and Charges paid as security to ensure the rectification of any damage that may occur to the Council infrastructure contained within the road reserve adjoining the site as a result of construction or the transportation of materials and equipment to and from the development site.

(b) Construction, Excavation and Associated Works Bond (Road)

A Bond of $5,000.00 as security against any damage or failure to complete the construction of road pavement/shoulder reconstruction works as part of this consent.

(c) Construction, Excavation and Associated Works Bond (Drainage)

A Bond of $5,000.00 as security against any damage or failure to complete the construction of stormwater drainage works as part of this consent.

(d) Construction, Excavation and Associated Works Bond (Crossing/Kerb)

A Bond of $2,000.00 as security against any damage or failure to complete the construction of any vehicular crossings, kerb and gutter and any footpath works required as part of this consent.



(e) Construction, Excavation and Associated Works Bond (Pollution)

A Bond of $2,000.00 as security to ensure that there is no transmission of material, soil etc off the site and onto the public road and/or drainage systems.

(f) Construction, Excavation and Associated Works Bond (Failure to Remove Waste)

A Bond of $2,000.00 as security against damage to Council's road(s) fronting the site caused by the transport and disposal of materials and equipment to and from the site.

(Note: These bonds may be refunded and replaced by the Maintenance Bond upon submission to Council of the final Compliance Certificate or Subdivision Certificate.)

An inspection fee in accordance with Council adopted fees and charges (at the time of payment) is payable for each kerb inspection as determined by Council (minimum one inspection).

All bonds and fees shall be deposited with Council prior to Construction Certificate or demolition work commencing, details demonstrating payment are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason: To ensure adequate protection of Councils infrastructure.

24. Dilapidation survey and report (public infrastructure)

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures of the following public infrastructure, has been completed and submitted to Council.

Public infrastructure includes the full road pavement width, including kerb and gutter, of Gladesville Roads over the site frontage.

The report must be completed by a consulting structural/civil engineer. Particular attention must be paid to accurately recording (both written and photographic) existing damaged areas on the aforementioned infrastructure so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development.

The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded by the requirements of this condition prior to the commencement of works.

Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any excavation works.

Reason: To record the structural condition of public infrastructure before works commence.



25. Dilapidation survey and report (private property)

Prior to the commencement of any demolition or excavation works on site, the Principal Certifying Authority shall be satisfied that a dilapidation report on the visible and structural condition of all structures upon the following lands, has been completed and submitted to Council: (a) No.62 Gladesville Road (b) No.1 Ryde Road

The dilapidation report must include a photographic survey of adjoining properties detailing their physical condition, both internally and externally, including such items as walls ceilings, roof and structural members. The report must be completed by a consulting structural/geotechnical engineer as determined necessary by that professional based on the excavations for the proposal and the recommendations of the submitted geotechnical report.

In the event that access for undertaking the dilapidation survey is denied by a property owner, the applicant must demonstrate in writing to the satisfaction of the Principal Certifying Authority that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed.

Note: A copy of the dilapidation report is to be provided to Council prior to any excavation works been undertaken. The dilapidation report is for record keeping purposes only and may be used by an applicant or affected property owner to assist in any civil action required to resolve any dispute over damage to adjoining properties arising from works.

Reason: To record the structural condition of likely affected properties before works commence.

26. Application is to be made to Council's Public Works and Infrastructure Department for the following approvals and permits as appropriate:

(a) Permit to erect Builder's hoardings where buildings are to be

erected or demolished within 3.50m of the ROAD alignment. Applications are to include current fees and are to be received at least 21 days before commencement of the permitted period.

(b) Permit to stand mobile cranes pumps and/or other major plant on

public roads. Applications are to include current fees and security deposits and are to be received at least 7 days before the proposed usage. It should be noted that the issue of such permits also involves approval from the Police Department and the RTA of NSW and could involve separate Council approval to work outside normal hours.

(c) Establishment of Construction Zones on Public Roads adjacent to the Development may be approved; however applications shall be received by Council at least 21 days prior to the zone being required. The application will then be referred to Council's Local Traffic Committee and R.M.S. for assessment and approval and to include any special conditions. Council may also insist on the provision of a Construction Zone to minimise disruption to the local area.



(d) The Applicant is to be responsible for the protection of all No Standing/Parking signs in the road. Any signs removed are to be replaced at full cost to the developer during the extent of the development.

(e) Permit to open a public road, including footpaths, for any purpose whatsoever. Application to include current fees.

27. A Geo-Technical Report and certificate shall be prepared by an appropriately qualified Geo-technical Engineer certifying that the existing rock formations and substrate on the site are capable of withstanding:

(a) the proposed loads to be imposed;

(b) the extent of the proposed excavation, including any recommendations for shoring works that may be required to ensure the stability of the excavation;

(c) protection of adjoining properties;

(d) the provision of appropriate subsoil drainage during and upon completion of construction works.

Details demonstrating compliance are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason: To ensure the structural integrity of the subject site and adjoining sites during the excavation process.

28. An erosion and sediment control plan shall be prepared in accordance with Hunter’s Hill Council Specifications for Erosion and Sediment Control. Erosion and sediment control measures are to be installed during construction to prevent building materials and loose soil entering Council's stormwater system and natural watercourses or bushland, and shall be adequately maintained at all times.

Details of erosion and sediment control measures shall be submitted to the Principal Certifying Authority prior to release of the Construction Certificate.

29. Stormwater management plan

Stormwater on-site detention (O.S.D.) and disposal shall be as indicated on submitted plans SWI through SW8, and shall be in accordance with Hunter’s Hill Council Development Control Plan, Australian Standards 3500.2 and 3500.3 - Plumbing and Drainage Code and the Building Code of Australia.

Prior to issue of the Construction Certificate, the following details and commitments must have been confirmed:

(a) A plaque measuring no less than 400 mm x 200 mm shall be in some way permanently attached and prominently displayed within the immediate vicinity of the OSD device. This plaque shall advise occupiers of the property of the existence of the OSD device and also that the device is not in any way to be tampered with or changed without prior written consent of Hunter’s Hill Council.



The above construction drawings and specifications are to be prepared by a qualified and experienced civil/hydraulic engineer.

30. Stormwater retention/detention

Prior to the issue of a Construction Certificate, the Principal Certifying Authority is to be satisfied that the proposed method for the disposal of roofwaters and surface stormwaters is in accordance with Hunter’s Hill Council Development Control Plans, Australian Standards 3500.2 and 3500.3 - Plumbing and Drainage Code, and the Building Code of Australia.

31. If portion of the access ramp to the basement car parking area cannot be drained by gravity then disposal of stormwater runoff via a pump out system shall be permitted, subject to compliance with the following requirements:

(a) the basement car parking area shall be graded to fall to the sump and pump system;

(b) the contributing catchment area to the pump-out system shall be limited to the basement access ramps only, and subsoil drainage;

(c) two submersible type pump units shall be installed, the capacity of each being calculated to allow for subsoil drainage and any water falling on or draining to access points. Sizing of the pumps shall be in accordance with the procedure used in Chapter 14 AR & R 1987. Stormwater runoff drainage to the sump and pump system shall be calculated for a 50 year ARI design storm;

(d) the two pumps shall be designed to work on an alternative basis to ensure that both pumps received equal usage and neither remains continuously idle;

(e) the sump is to be so designed that a minimum volume of water is retained in the sump for health reasons when the pumps are in the "off" position;

(f) the pump-out system is to be independent of any gravity drainage lines.

Full Engineering details including calculation shall be submitted to Council for approval prior to the issue of the Construction Certificate.

32. Drainage of paved areas

All new exposed impervious areas graded towards adjacent property and/or habitable areas are to be drained via the main drainage system. This may require the installation of suitable inlets pits, cut-off structures (e.g. kerb), and/or barriers that direct such runoff to the formal drainage system. Details of such measures shall be shown on the Construction Certificate drawings, to the satisfaction of the Certifying Authority.

Reason: To control surface run off and protect the environment.



33. The depth and width of flow of the stormwater at the gutter of the proposed vehicular crossing shall be evaluated to ensure that no stormwater runoff will be able to enter the site via the proposed crossing. Full engineering details of the hydrologic evaluations prepared and signed by a practising civil engineer shall be submitted to Council for approval prior to the issue of the Construction Certificate.(Reason: Prevent nuisance flooding).

34. Energy Australia requirements

Prior to issue of the Construction Certificate, the applicant must contact Energy Australia regarding power supply for the subject development. A written response detailing the full requirements of Energy Australia (including any need for underground cabling, substations or similar within or in the vicinity the development) shall be submitted to the Principal Certifying Authority for approval prior to issue of the Construction Certificate.

Any structures or other requirements of Energy Australia shall be indicated on the plans issued with the Construction Certificate, to the satisfaction of the Principal Certifying Authority and Energy Australia. The requirements of Energy Australia must be met in full prior to issue of the Occupation Certificate. Note no substation within the front setback will be permitted.

Reason: To ensure compliance with the requirements of Energy Australia.

35. Utility provider requirements

Prior to issue of the Construction Certificate, the applicant must make contact with all relevant utility providers whose services will be impacted upon by the development.

A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained.

All utility services or appropriate conduits for the same must be provided by the developer in accordance with the specifications of the utility providers.

Reason: To ensure compliance with the requirements of relevant utility providers.

36. Work plan

Prior to the issue of a Construction Certificate, the applicant, company or its agent shall submit a Work Plan to the Principal Certifying Authority prepared in accordance with the requirements of AS2601-1991 “The demolition of Structures”.

The Work Plan shall be prepared by persons having suitable expertise and experience.

The Work Plan shall outline the methodology in identifying hazardous materials, the method of demolition, the precautions to be employed to minimise any dust nuisance and the proposed method of disposal of any hazardous materials encountered on the site.

37. Development that involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person's own expense;



(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any such damage;

(c) must, at least seven days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished;

(d) the owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

In this clause, allotment of land includes a public road and any other public place.

38. Should the proposal require shoring to support an adjoining property or Council land, owner’s consent for the encroachment onto the affected property owner shall be provided with the engineering drawings. Council approval is required if temporary rock anchors are to be used within Council land.

Details demonstrating compliance are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

39. Excavation for services

Prior to the issue of the Construction Certificate, the Principal Certifying Authority shall be satisfied that no proposed underground services (ie: water, sewerage, drainage, gas or other service) unless previously approved by conditions of consent, are located beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.

Note: A plan detailing the routes of these services and trees protected under the Tree Preservation Order shall be submitted to the Principal Certifying Authority.

Reason: To ensure the protection of trees.

40. A Waste Management Plan in accordance with DCP 18 shall be provided and submitted for the approval of the Council. That Plan shall address;

(a) demolition of the existing building including on-site and off-site reuse and recycling and disposal of all materials;

(b) waste minimisation at construction stage and use of recycled materials etc;

(c) use of the premises: garbage storage and collection; on site composting;



(d) servicing of bins on site (bins are not to be stored or picked up

from the streets), confirming access for servicing of separate

garbage rooms for the retail and residential components, and

noting the method of collection to be employed, the vehicle type,

on-site manoeuvring and lift mechanism (rear, front or side) for the

collection vehicle (the swept path plot for these vehicles entering

and leaving the site plus on-site manoeuvring shall be provided);

(e) ongoing management: lease conditions, caretaker/manager etc.

41. Construction and traffic management plan

The applicant must submit to Council a Construction Traffic Management Plan (TMP), which is to be approved prior to the commencement of any works on site.

The plan is to consist of a report with Traffic Control Plans attached.

The report is to contain commitments which must be followed by the demolition and excavation contractor, builder, owner and subcontractors. The TMP applies to all persons associated with demolition, excavation and construction of the development.

The report is to contain construction vehicle routes for approach and departure to and from all directions.

The report is to contain a site plan showing entry and exit points. Swept paths are to be shown on the site plan showing access and egress for an 11 metre long heavy rigid vehicle.

The Traffic Control Plans are to be prepared by a qualified person (red card holder). One must be provided for each of the following stages of the works:

(a) demolition;

(b) excavation;

(c) concrete pour;

(d) construction of vehicular crossing and reinstatement of footpath;

(e) traffic control for vehicles reversing into or out of the site.

Traffic controllers must be in place at the site entry and exit points to control heavy vehicle movements in order to maintain the safety of pedestrians and other road users as required by the TMP.

When a satisfactory TMP is received, a letter of approval will be issued with conditions attached. Traffic management at the site must comply with the approved TMP as well as any conditions in the letter issued by Council. Council’s Rangers will be patrolling the site regularly and fines will be issued for any non-compliance with this condition.

Reason: To ensure that appropriate measures have been considered during all phases of the construction process in a manner that maintains the environmental amenity and ensures the ongoing safety and protection of people.



42. Traffic and vehicle access

(a) Entry and exit movements to and from the site shall be restricted to left-in left-out only. This is to be enforced by the construction of a raised concrete median at the centreline of Gladesville Road at the front of the proposed driveway and extending an appropriate distance either side of the driveway in accordance with RMS Road Design Guide that shall not extend beyond the eastern boundary of Pitt Street.

(b) The applicant shall install “No Stopping” signage along the Gladesville Road frontage.

(c) The applicant shall install “Caution Driveway Ahead” warning sign W2-206-2 to the west of the proposed driveway in accordance with AS1742.

(d) The aisle widths, internal circulation, ramp widths and grades of the car park shall conform to the Roads and Traffic Authority (RTA) Guidelines and Australian Standard 2980.1-2004.

Documentary evidence of compliance from a suitably qualified person shall be submitted with the Construction Certificate application, and a copy of the evidence of compliance shall be submitted to Council.

(e) Basement shall be amended to accommodate the swept path test for a small rigid vehicle entering and existing the designated on-site loading bay.

(f) The longitudinal section for the vehicular access ramp to the basement level shall be corrected to achieve a maximum change in gradient of 12.5% (1:8). In particular the ramp grade from the level basement floor is shown as 15% and shall be corrected such that it does not exceed a change in grade of 12.5% (1:8).

(g) The sight distance to pedestrians on the Gladesville Road footpath

for drivers of emerging vehicles from the basement car park shall comply with Figure 3.3 from AS2890.1-2004 such that the sight triangle in Figure 3.3 applies to the extent of the low part of the planter box. The planter box should be no higher than 300mm with plants no higher than 300mm also such that the overall height of plants in the planter box is at or below 600mm.

(h) Signs shall be installed at the basement entrance identifying

minimum and maximum height clearances within the car park, and stating “No reversing of vehicles from driveway into Gladesville Road at any time”.

(i) A loading dock management plan shall be provided, clearly outlining the limited dimensions (length, travelling height and operational height of lifting mechanism (with loaded waste receptacle) of garbage collection vehicles) of service vehicles that are to enter and exit the premises.

43. Prior to the commencement of any works on site, the applicant must submit for review by Council's engineers a construction traffic management plan. The following matters, must be specifically addressed in the plan:

(a) A plan view of the entire site and frontage roadways indicating:



(i) Dedicated construction site entrances and exits controlled by certified traffic controllers, to safely manage pedestrians and construction related vehicles in the frontage roadways.

(ii) Turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site.

(iii) The location(s) of proposed work zones.

(iv) Location of any proposed crane and concrete pump and truck standing areas on and off the site.

(v) A dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries.

(vi) Material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected.

(vii) An on-site parking area for employees, tradespersons and construction vehicles as far as possible.

Any alternative construction staff parking area to be fully identified with supporting documents from affected property owner(s).

(b) Traffic control plan(s) for the site.

(i) All traffic control plans must be in accordance with the RTA publication “Traffic Control Worksite Manual” and prepared by a suitably qualified person (minimum ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each stage.

(ii) Approval is to be obtained from Council for any temporary road / lane / footpath closures or crane use from public property. Applications to Council shall be made a minimum of 4 weeks prior to the activity proposed being undertaken.

(iii) A detailed description and route map of the proposed route for vehicles involved in spoil removal, material delivery and machine floatage must be provided:

(iv) Light traffic roads and those subject to a load or height limit and school zones must be avoided where alternate routes exist.

(v) A copy of the route(s) is to be made available to all contractors and shall be clearly depicted at a location within the site.

(vi) The plan must provide a schedule of site inductions to be held on regular occasions and as determined necessary to ensure all new employees are aware of their construction management obligations. These must specify that construction-related vehicles are to comply with the approved requirements.



(vii) For those construction personnel that drive to the site, the applicant shall attempt to provide on-site parking so that their personnel’s vehicles do not impact on the current parking demand in the area.

(viii) The construction traffic management plan shall be prepared by a suitably qualified and experienced traffic consultant and be certified by this person as being in accordance with the requirements of the abovementioned documents and the requirements of this condition. The construction management measures contained in the approved plan shall be implemented in accordance with the plan prior to the commencement of, and during, works on-site including excavation.

(ix) As the plan has a direct impact on the local road network, the plan shall be submitted to and reviewed by Council’s Development Engineer. Written acknowledgment from Council’s Engineer shall be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any works on site.

44. Access for waste collection

The construction certificate plans are to be amended to clearly demonstrate vehicle manoeuvring for a garbage truck to enter and exit in a forward motion, including achieving minimum 2.6m internal unobstructed clearance. The plans are to be reviewed and certified by a practicing traffic engineer.

45. Access for people with disabilities (residential)

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that access for people with disabilities to and from and between the public domain, residential units and all common open space areas is provided. Consideration must be given to the means of dignified and equitable access.

Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate. All details shall be prepared in consideration of the Disability Discrimination Act, and the relevant provisions of AS1428.1, AS1428.2, AS1428.4 and AS 1735.12.

Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.

46. Adaptable units

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that at least three units are designed as adaptable housing and 12 units as visitable in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing.



Note: Evidence from an appropriately qualified professional demonstrating compliance with this control is to be submitted to and approved by the Certifying Authority prior to the issue of the Construction Certificate.

Reason: Disabled access and amenity.

47. Amended landscape plans

Prior to the issue of the Construction Certificate, landscape plans shall be amended as follows and submitted to the Certifying Authority:

(a) Next to the western boundary, the proposed Cupaniopsis grows too large for this location and site. It should be deleted and substituted with a more suitable smaller growing species such as Syzygium australe (Brush Cherry).

(b) Next to the western and eastern boundaries, the proposed Waterhousia floribunda grows too large for the location and site, and should be deleted. A more suitable smaller growing species should be substituted.

(c) Proposed Cabbage tree palms on the western boundary are to have greater spacing between them (minimum of four metres).

48. Location of plant (residential flat buildings).

Prior to the issue of the Construction Certificate, the Certifying Authority shall be satisfied that all plant and equipment (including but not limited to air conditioning equipment) is so far as practicable located within the basement. The other condition proposed for the roof must be strictly confirmed to the area identified on roof plan DA 205 D and screened by the proposed screens which shall have a maximum height of 1m as not to be visible from a public place.

Reason: To minimise impact on surrounding properties, improved visual appearance and amenity for locality.

49. Outdoor lighting

Prior to the issue of a Construction Certificate, the Certifying Authority shall be satisfied that all outdoor lighting will comply with AS/NZ1158.3: 1999 Pedestrian Area (Category P) Lighting and AS4282: 1997 Control of the Obtrusive Effects of Outdoor Lighting.

Details demonstrating compliance with these requirements are to be submitted prior to the issue of a Construction Certificate.

Reason: To provide high quality external lighting for security without adverse effects on public amenity from excessive illumination levels.

50. Space for the storage of bicycles must be provided within the development for occupants and visitors to the site. Details are to be provided with the Construction Certificate.



51. Acoustic amenity

To provide satisfactory amenity for apartments that are exposed to traffic noise in Ryde and Gladesville Roads, acoustic-design measures shall achieve indoor noise levels that satisfy AS 2107 Recommended Noise Levels and Reverberation Times for Building Interiors.

Details of necessary treatments shall be provided with the Construction Certificate application. An acoustic engineer is to provide certification of compliance prior to issue of an Occupation Certificate. This shall not be achieved by glassing in or either enclosing balconies.

52. External Glazing

The reflectivity index of external glazing for windows, walls or roof finishes of the proposed development is to be no greater than 20% (expressed as a per centum of the reflected light falling upon any surface). Details demonstrating compliance are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

53. Roofing

The external finish to the roof shall have a medium to dark range in order to minimise solar reflections to neighbouring properties. Light colours such as off white, cream, silver or light grey colours are not permitted. Details demonstrating compliance are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

54. Anti-Graffiti Coating

The finishes of the walls adjoining Gladesville Road must be finished in heavy duty long life, ultra violet resistant coating with a high resistance to solvents and chemicals as an anti-graffiti coating easily cleaned by solvent wipe. Details demonstrating compliance are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Prior to release of the Construction Certificate

55. Hours of Work:

For the purpose of residential amenity, noise generating work carried out in connection with building and construction operation, including deliveries of building materials and equipment, is restricted to the following hours: Mondays to Fridays inclusive: 7:00 am to 6:00 pm Saturdays: 7:00 am to 1:00 pm. Sundays and Public Holidays: Not Permitted.

Non-offensive works where power operated plant is not used including

setting out, surveying, plumbing, electrical installation, tiling, internal timber or fibrous plaster fixing, glazing, cleaning down brickwork, magnesite flooring, painting, building or site cleaning by hand shovel and site landscaping, or such work as approved by Council’s Manager Development and Environment is permitted between the hours of 1:00 pm – 4:00 pm Saturdays. Manual works such as painting, landscaping, site cleaning by hand etc. may be permitted outside these hours subject to there being no nuisance to the amenity of neighbours.



Note:

(a) that the Protection of the Environment Operations Act, 1997 may preclude the operation of some equipment on site during these permitted working hours;

(b) the use of rock breaking machinery will only be permitted if they cause no structural damage to surrounding properties.

56. Noise from the site during construction shall be controlled to reduce any

disturbance or nuisance to nearby properties. The (L10) noise level measured over a period of not less than 15 minutes when the construction site is operating must not exceed the background level (L90) by more than 10dB(A).

57. All kerbs, gutters, roads and footpath shall be protected throughout the building operations as required by the Principal Certifying Authority. No obstruction being caused to pedestrian use of Council’s footpath area or vehicular use of Council’s roadway area during building operations.

58. Any new information, which comes to light during remediation, demolition or construction works, which has the potential to alter previous conclusions about the site contamination, shall be notified to the Council and the Principal Certifying Authority immediately.

59. Landscape measures

(a) The existing Brushbox street tree located at the front of the site is to have suitable protective armour around its trunk during the demolition and construction phase to protect against possible bark damage. 25mm thick hardwood planks are to be wired to the trunk under the supervision of a qualified arborist. Suitable high visibility plastic mesh is to be wired to the armour to ensure safety to pedestrians.

(b) Excavation of the rear and western side of the site in the vicinity of

the Oak, the Fig and Robinia is to be supervised by a qualified Level 5 Arborist to ensure suitable protective measures are in place to protect the root system of the trees. Refer in particular to Section 5 of the Australian Standard for Protection of Trees on Development Sites

(c) The proposed new Brushbox tree for the road reserve is to be

NATSPEC compliant and to be capable of maintaining clear lines of sight as per the specification in the landscape plan.

(d) Levels down the eastern and western boundaries are to ensure

that overland flow paths are maintained from the rear of the property.

60. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the Principal Certifying Authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and



(c) stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work,

subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

61. Work zone

A works zone may be required along the sites frontage in Ryde and Gladesville Roads are to be approved by Council. Work zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Work zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site.

The necessary work zone signage shall be installed (at the cost of the applicant) and the adopted fee paid prior to commencement of any works on site. At the expiration of the work zone approval, the applicant is required to remove the work zone signs and reinstate any previous signs at their expense.

In the event the work zone is required for a period beyond that initially approved by Council, the applicant shall make a payment to Council for the extended period in accordance with Council’s schedule of fees and charges for work zones prior to the extended period commencing.

Reason: To ensure that appropriate measures have been made for the operation of the site during the construction phase.

62. Dust control

During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:

(a) physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust;

(b) earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed;

(c) all materials shall be stored or stockpiled at the best locations;

(d) the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs;

(e) all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust;

(f) all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays;

(g) gates shall be closed between vehicle movements and shall be fitted with shade cloth;



(h) cleaning of footpaths and roadways shall be carried out daily. Reason: To protect the environment and amenity of surrounding properties.

63. All demolitions are to be carried out in accordance with the guidelines

contained in Australian Standard Australian Standard 2601-1991: The Demolition of Structures.

64. Following demolition activities, the soil on the site is to be tested by a person with suitable expertise to ensure that levels of lead in the soil are below acceptable health criteria for residential areas. Appropriate certification of the levels is to be provided to the Principal Certifying Authority prior to work proceeding to ensure the safety and health of occupants and visitors to the premises, and other premises in the immediate vicinity to ensure the protection of the environment

65. Hazardous or intractable wastes arising from any demolition process shall be removed and disposed of in accordance with the requirements of WorkCover and the EPA, and with the provisions of:

• New South Wales Occupational Health and Safety Act 1983;

• New South Wales Construction Safety Act 1912; Regulation 84A-J Construction Work Involving Asbestos or Asbestos Cement 1983;

• The Occupational Health and Safety (Hazardous Substances) Regulation 1996;

• The Occupational Health and Safety (Asbestos Removal Work) Regulation 1996;

• Waste Minimisation and Management Act and Regulations;

• Protection of the Environment Act 1998.

66. A person taking down or demolishing or causing to be taken down or demolishing any building or part thereof shall, upon identifying or suspecting that asbestos is present in the building, immediately notify the WorkCover Authority. The Authority is the controlling body for the safe removal, handling and disposal of asbestos.

67. Hazardous dust must not be allowed to escape from the site. Any existing accumulations of dust (eg ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Water must not be allowed to enter the ROAD and stormwater systems. Demolition is not to be performed during high winds, which may cause dust to spread beyond the site boundaries.

68. All contractors and employees directly involved in the removal of hazardous dusts and substances shall wear protective equipment conforming to Australian Standard AS1716 Respiratory Protective Devices and shall adopt work practices in accordance with the requirements of WorkSafe’s Control and Inorganic Lead At Work (NOHSC:102 (1994) and NOHSC:2015 (1994).

69. All building materials, spoil, debris and other material arising from the carrying out of building work, shall be contained wholly within the allotment boundaries.



Such accumulation is to be properly disposed of at regular intervals to the satisfaction of Council and Principal Certifying Authority. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.

70. All material removed from or imported to the site shall be loaded, unloaded or conveyed in such a manner that it does not cause nuisance. The contents of all trucks shall be covered and site controls shall include shaker grids at the exits of the site. All materials falling to any part of the road reserve or any public place shall be immediately removed and all such surfaces shall be kept free of such materials.

71. On site retention of waste dockets

All demolition, excavation and construction waste dockets are to be retained on site, or at suitable location, in order to confirm which facility received materials generated from the site for recycling or disposal.

(a) Each docket is to be an official receipt from a facility authorised to accept the material type, for disposal or processing.

(b) This information is to be made available at the request of an Authorised Officer of Council.

Reason: To protect the environment.

72. All liquid wastes other than unpolluted stormwater shall be conveyed to suitable pollution control devices that facilitate the removal of grease, oil, petroleum products and grime prior to discharge to the sewer system in accordance with the requirements of Sydney Water. Details are to be provided to the Principal Certifying Authority with an application for a Construction Certificate.

73. All lead-contaminated materials are to be disposed of in accordance with the EPA’s requirements.

74. All site de-watering is to be carried out to a plan approved by Council, with all site water being processed by an approved method of filtration, including mechanical filtration, or with special approval of Council by flocculation and settlement if sufficient site area is available. The plan is to be submitted for approval prior to the issue of a Construction Certificate.

75. Council’s Development Engineer is to be given 48 hours notice when the works reach the following stages:

(a) installation of Silt and Sediment control devices;

(b) prior to backfilling of pipelines;

(c) prior to pouring of stormwater gully pits;

(d) prior to pouring of kerb and gutter;

(e) sub grade level / base course level;

(f) sealing road pavement.



Note: Any inspections carried out by Council do not imply Council approval or acceptance of the work, and do not relieve the developer/applicant from the requirement to provide an engineer’s certification. Council approval or acceptance of any stage of the work must be obtained in writing, and will only be issued after completion of the work to the satisfaction of Council and receipt of the required certification.

Reason: To ensure new Council infrastructure is constructed to Council’s requirements.

76. To ensure compliance with this determination the building shall be set out by a Registered Surveyor and the Survey Report shall be lodged with the Principal Certifying Authority prior to pouring of the footings and/or ground floor slab (whichever is first). In the event the setout is not in accordance with the approved plans, the Principal Certifying Authority should direct the applicant, owner, and builder to cease all works until such time as a Section 96 application under the provisions of the Environmental Planning and Assessment Act 1979 to amend the approved development consent is submitted to Council and approved.

77. All building works shall be carried out in a good and workmanlike manner in accordance with the approved plans and specifications, and in accordance with all relevant provisions of the Building Code of Australia.

In particular:

(a) Egress from the basement car park shall comply fully with Part D1.2 (b) and (c) of the BCA.

(b) Car spaces for people with disabilities shall comply with Part D3.5 of the BCA.

(c) Facilities in residential buildings shall comply with Part F2.1 of the BCA.

(d) Construction of sanitary compartments shall comply with Part F2.5 (b) of the BCA.

78. All balconies (above 2 storeys) are to be waterproofed and graded and drained to an internally concealed drainage system.

79. The applicant or builder/developer is responsible for and liable for the cost of making good any damage that may be caused to any public property and to neighbouring properties/buildings where established by the dilapidation reports referred to in the conditions to be caused by the development or for the removal of any waste bin, building materials, sediment, silt, or any other article as a consequence of doing or not doing anything to which the approval relates.

Prior to release of the Occupancy Certificate

80. Traffic management measures

(a) A raised concrete median shall be constructed at the centreline of Gladesville Road at the front of the proposed driveway and extending an appropriate distance either side of the driveway in accordance with RMS Road Design Guide.



(b) An occupancy certificate shall not be issued until the median within Gladesville Road has been constructed according to RMS requirements to prevent right turns to enter or exit the site.

(c) An occupancy certificate shall not be issued until certification from a NPER registered traffic engineer has been received stating that all general conditions and conditions prior to release of the occupancy certificate have been satisfied.

81. At the completion of all works, a Fire Safety Certificate will need to be prepared which references all the Essential Fire Safety Measures applicable and the relative standards of Performance (as per Schedule of Fire Safety Measures). This certificate must be prominently displayed in the building and copies must be sent to Council and the NSW Fire Brigade.

(a) Details demonstrating compliance are to be submitted to the Certifying Authority prior to the issue of the Interim / Final Occupation Certificate.

(b) Each year the Owners must send to the Council and the NSW Fire Brigade an annual Fire Safety Statement which confirms that all the Essential Fire Safety Measures continue to perform to the original design standard.

Reason: Statutory requirement under Part 9 Division 4& 5 of the Environmental Planning and Assessment Regulation 2000.

82. A survey certificate prepared by a Registered Surveyor at the following stages of construction and provided to Council certifying the development is in accordance with the approved plans:

(a) commencement of perimeter walls columns and or other structural elements to ensure the wall or structure, to boundary setbacks are in accordance with the approved details;

(b) at ground level to ensure the finished floor levels are in accordance with the approved levels, prior to concrete slab being poured/flooring being laid;

(c) at completion of the roof structure confirming the finished roof/ridge height is in accordance with levels indicated on the approved plans;

(d) details demonstrating compliance are to be submitted to the Principal Certifying Authority.

Reason: To determine the height of buildings under construction comply with levels shown on approved plans.

83. Post-construction dilapidation report

The applicant shall engage a suitably qualified person to prepare a post construction dilapidation report at the completion of the construction works. This report is to ascertain whether the construction works created any structural damage to adjoining buildings, infrastructure and roads. The report is to be submitted to the Principal Certifying Authority. In ascertaining whether adverse structural damage has occurred to adjoining buildings, infrastructure and roads, the Principal Certifying Authority must:



(a) compare the post-construction dilapidation report with the pre-construction dilapidation report

(b) have written confirmation from the relevant authority that there is no adverse structural damage to their infrastructure and roads.

A copy of this report is to be forwarded to Council at the completion of the construction works.

Reason: Management of records.

84. Any traffic management devices/measures as required by Council shall be provided at the developer's cost prior to occupation certificate. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any interim/final Occupation Certificate.

Reason: To ensure pedestrian and vehicular safety.

85. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website www.sydneywater.com.au\customer\urban\index or telephone 13 20 92. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of linen plan/occupation of the development.

86. Certification of drainage works

Prior to issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that:

(a) the stormwater drainage works have been satisfactorily completed in accordance with the approved Construction Certificate drainage plans;

(b) the minimum retention and on-site detention storage volume requirements of BASIX and Hunter’s Hill Council Development Control Plan (Town Centres) 2010 respectively, have been achieved;

(c) retained water is connected and available for use;

(d) basement and subsoil areas are able to drain via a pump/sump system installed in accordance with AS3500.3 and Hunter’s Hill Council Development Control Plan (Town Centres) 2010;

(e) all grates potentially accessible by children are secured;

(f) components of the new drainage system have been installed by a licensed plumbing contractor in accordance with the Plumbing and Drainage Code AS3500.3 2003 and the Building Code of Australia;

(g) all enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices.



Note: Evidence from a qualified and experienced consulting civil/hydraulic engineer documenting compliance with the above is to be provided to Council prior to the issue of an Occupation Certificate.


87. WAE plans for stormwater management and disposal

Prior to issue of the Occupation Certificate, a registered surveyor must provide a works as executed survey of the completed stormwater drainage and management systems.

The survey must be submitted to and approved by the Principal Certifying Authority prior to issue of the Occupation Certificate. The survey must indicate:

(a) as built (reduced) surface and invert levels for all drainage pits;

(b) gradients of drainage lines, materials and dimensions;

(c) as built (reduced) level(s) at the approved point of discharge to the public drainage system;

(d) as built location and internal dimensions of all detention and retention structures on the property (in plain view) and horizontal distances to nearest adjacent boundaries and structures on site;

(e) the achieved storage volumes of the installed retention and detention storages and derivative calculations;

(f) as built locations of all access pits and grates in the detention and retention system(s), including dimensions;

(g) the size of the orifice or control fitted to any on-site detention system;

(h) dimensions of the discharge control pit and access grates;

(i) the maximum depth of storage possible over the outlet control;

(j) top water levels of storage areas and indicative RLs through the overland flow path in the event of blockage of the on-site detention system.

The works as executed plan(s) must show the as built details above in comparison to those shown on the drainage plans approved with the Construction Certificate prior to commencement of works.

All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority stamped construction certificate stormwater plans.




88. OSD positive covenant/restriction

Prior to issue of the Occupation Certificate, the applicant must create a positive covenant and restriction on the use of land under Section 88E of the Conveyancing Act 1919, burdening the owner with the requirement to maintain the on-site stormwater detention facilities on the lot.

The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council (refer to appendices A6 of Hunter’s Hill Council Development Control Plan (Town Centres) 2010 (KDCP). For existing titles, the positive covenant and the restriction on the use of land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA.

The relative location of the on-site detention facility, in relation to the building footprint, must be shown on a scale sketch, attached as an annexure to the request forms.

Registered title documents, showing the covenants and restrictions, must be submitted and approved by the Principal Certifying Authority prior to issue of an Occupation Certificate.


89. Reinstatement of redundant crossings and completion of infrastructure works.

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that the following works in the road reserve have been completed:

(a) new concrete driveway crossing in accordance with levels and specifications issued by Council;

(b) removal of all redundant driveway crossings and kerb laybacks (or sections thereof) and reinstatement of these areas to footpath, turfed verge and upright kerb and gutter (reinstatement works to match surrounding adjacent infrastructure with respect to integration of levels and materials);

(c) full repair and resealing of any road surface damaged during construction;

(d) full replacement of damaged sections of grass verge with a non-friable turf of native variety to match existing.

All works must be completed in accordance with the General Specification for the Construction of Road and Drainage Works in Hunter’s Hill Council, dated November 2004. The Occupation Certificate must not be issued until all damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council. Repair works shall be at no cost to Council.

Reason: To protect the roadscape.



90. Construction of works in public road – approved plans

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that all approved road, footpath and/or drainage works have been completed in the road reserve in accordance with the Roads Act approval and accompanying drawings, conditions and specifications.

The works must be supervised by the applicant’s designing engineer and completed and approved to the satisfaction of Hunter’s Hill Council and the RTA.

The supervising consulting engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved stamped drawings.

The works must be subject to inspections by Council at the hold points noted on the Roads Act approval. All conditions attached to the approved drawings for these works must be met prior to the Occupation Certificate being issued.

Reason: To ensure that works undertaken in the road reserve are to the satisfaction of Council.

91. Infrastructure repair

Prior to issue of the Occupation Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.

Reason: To protect public infrastructure.

92. Easement for waste collection

Prior to issue of the Occupation Certificate, an easement for waste collection is to be created under Section 88B of the Conveyancing Act 1919. This is to permit legal access for Council if required, Council’s contractors and their vehicles over the subject property for the purpose of collecting waste from the property. The terms of the easement are to be generally in accordance with Council’s draft terms for an easement for waste collection and shall be to the satisfaction of Council’s Development Engineer.

Reason: To permit legal access for Council, Council’s contractors and their vehicles over the subject site for waste collection.

93. Safety and security measures

Prior to release of the Occupancy Certificate, the Certifying Authority shall be satisfied that the following measures have been installed or completed:

(a) CCTV cameras should be installed in strategic locations along the Gladesville Road frontage and all common areas within the development, with images recorded digitally on equipment that is placed in a secured location.



(b) Landscaping and landscape maintenance should ensure that trees do not provide natural ladders for intruders.

(c) Provide a lighting plan for exterior areas and for common areas within the development that minimises opportunities for crime.

(d) Install signs at entrances from Gladesville Road: Warning: these premises are under constant surveillance Warning: trespassers will be prosecuted

(e) Prepare a maintenance plan for the development, addressing security monitoring equipment, lighting, and graffiti removal.

(f) Entrance doors to the building lobby should be fitted with laminated glass and single cylinder locksets.

(g) Install keyed locksets for all windows and exterior doors in all apartments.

(h) Install a security access system to prevent unauthorised access to the basement, and from the basement to residential levels.

Reason: To address recommendations by NSW Police.

94. Completion of landscape works

Prior to the release of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that all landscape works, including the removal of all noxious and/or environmental weed species, have been undertaken in accordance with the approved plan(s) and conditions of consent.

Reason: To ensure that the landscape works are consistent with the development consent.

95. Clotheslines and clothes dryers

Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall be satisfied that the units either have access to an external clothes line located in common open space or have a mechanical clothes dryer installed.

Reason: To provide access to clothes drying facilities.

96. Mechanical ventilation

Following completion, installation and testing of all the mechanical ventilation systems, the Principal Certifying Authority shall be satisfied of the following prior to the issue of any Occupation Certificate:

(a) The installation and performance of the mechanical systems complies with:

(i) The Building Code of Australia;

(ii) Australian Standard AS1668;

(iii) Australian Standard AS3666 where applicable.



(b) The mechanical ventilation system in isolation and in association with other mechanical ventilation equipment, when in operation will not be audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and public holidays.

The operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measured at the nearest adjoining boundary.

Note: Written confirmation from an acoustic engineer that the development

achieves the above requirements is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate.

97. The proposed vehicular access arrangements shall be subject to an

independent road safety audit prepared by a level 3 Auditor, which takes into account the following:

(i) The creation of an appropriate speed zoning through the Hunters Hill Village Shopping Village Precinct (40kph), having regard to pedestrian safety at the Gladesville and Ryde Roads intersection and the proposed relocated pedestrian traffic lights.

(ii) Pedestrian management (particularly of school children) at the relocated bus stop, relocated pedestrian traffic lights and all signalised intersections within the Hunters Hill Village Precinct

(iii) Right turn vehicular needs of vehicles serving the shops and residents on the southern side of Gladesville Road entering and leaving via Howard Place, Pitt Street and Joubert Street South; and

(iv) A review of any previous arrangements proposing a closure of all Right Hand in and Right Hand out movements at the intersection of Pitt Street and Gladesville Road.

A copy of the audit to be provided to Council Reason: To address concerns relating to pedestrian and traffic safety

98. That the shopfront windows and associated columns on the ground floor level shall be setback 2.0m from the Gladesville Road boundary. The plans are to be amended with the required Construction Certificate.

Reason: To ensure satisfactory ro

Ordinary Meeting No. 4324 · 4324 - 28 May 2012 INDEX A - CONFIRMATION OF MINUTES 1. Confirmation...

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Transcript of Ordinary Meeting No. 4324 · 4324 - 28 May 2012 INDEX A - CONFIRMATION OF MINUTES 1. Confirmation...