canterbury city · pdf file1 20 garema circuit, ... • the proposal has been assessed...

CANTERBURY CITY

COUNCIL

INDEPENDENT HEARING &

ASSESSMENT PANEL

2 JUNE 2008

INDEPENDENT HEARING & ASSESSMENT PANEL 2 JUNE 2008

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INDEPENDENT HEARING & ASSESSMENT PANEL

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

CENTRAL WARD

1 20 GAREMA CIRCUIT, KINGSGROVE: USE AS PLACE OF

PUBLIC WORSHIP WITH ANCILLARY OFFICES AND LIBRARY ................4

EAST WARD

2 3/32 LINEY AVENUE, CLEMTON PARK: USE FOR

MANUFACTURE OF AIR CONDITIONING DUCTWORK...............................20

WEST WARD

3 150 BELMORE ROAD, RIVERWOOD: CONSTRUCTION OF

INDOOR RECREATION CENTRE WITH CAR PARKING AND

LANDSCAPING .........................................................................................................30


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REPORT SUMMARIES


PUBLIC WORSHIP WITH ANCILLARY OFFICES AND LIBRARY

• It is proposed to use of the existing industrial building as a place of public worship with ancillary offices and library.

• The development is permissible with Council consent within the Industrial 4(b) zone under the Canterbury Planning Scheme Ordinance.

• The development application has been assessed against the relevant provisions contained within Development Control Plan Nos. 20, 29 and 32 and found to generally comply with these controls.

• The development application was notified in accordance with our notification policy and five submissions were received. Concerns received during this period include traffic and parking impacts. These matters are discussed in the body of this report.

• The Director City Planning has recommended the application be approved subject to conditions.


MANUFACTURE OF AIR CONDITIONING DUCTWORK

• It is proposed to obtain our consent to use the existing light industrial unit, 3/32 Liney Avenue for the manufacture of air conditioning ductwork.

• The subject site is zoned Light Industrial 4(b) under the provisions of the Canterbury Planning Scheme Ordinance. The proposed development is permissible subject to Council’s consent.

• The proposal has been assessed against our relevant codes and policies and found to generally comply with the various requirements of these policies.

• The Development Application (DA) was notified in accordance with our Notification Policy where we received five submissions, including one petition signed by 28 residents from Liney Avenue, Hillside Avenue and Chisholm Avenue objecting to the development. It should also be noted that three of the submissions received during the notification period were from the same resident. Issues raised include the use operating without consent, hours of operation, noise associated with proposed operations, amenity impacts of the proposed development, permissibility of the proposed use within the zone and compliance with our codes.

• We also received a petition with 11 signatures in support of the subject application on 4 March 2008. It is also noted that three of the petitioners that signed this petition had previously signed the petition received during the notification period objecting to the proposed application.

• The Manager Development Assessment has recommended the application be approved subject to conditions.


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LANDSCAPING

• The Independent Hearing and Assessment Panel deferred consideration of the development application at its meeting of 28 April 2008 pending the submission of additional information. The necessary additional information has since been forwarded and these matters are discussed in the Supplementary Information of this report.

• The applicant is seeking approval to construct a new building to be used as an indoor recreation centre with associated car parking and landscaping on land known as 150 Belmore Road, Riverwood.

• The development application has been assessed against the provisions contained in SEPP 11, the Canterbury Planning Scheme Ordinance and DCP’s 9, 20, 29, 37, 45 and 48 including our Notification Policy (DCP 32).

• The development was found to have satisfied the relevant numerical requirements and standards contained within the Planning Scheme Ordinance and each of the above mentioned DCP’s.

• The application was notified in accordance with our Notification Policy. No submissions were received.



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CENTRAL WARD


PUBLIC WORSHIP WITH ANCILLARY OFFICES AND

LIBRARY

FILE NO: 355/20D

REPORT BY: DIRECTOR CITY PLANNING

Ward: CENTRAL

D/A No: DA -722/2007

Applicant:

Owner:

Al-Mabarrat Benevolent Society

Alya Taleb and Khalil Taleb

Zoning: Light Industrial 4(b)under the Canterbury

Planning Scheme Ordinance

Application Date: 7 December 2007, additional information received

23 April 2008

Summary:

• It is proposed to use of the existing industrial building as a place of public worship with ancillary offices and library.

• The development is permissible with Council consent within the Industrial 4(b) zone under the Canterbury Planning Scheme Ordinance.

• The development application has been assessed against the relevant provisions contained within Development Control Plan Nos. 20, 29 and 32 and found to generally comply with these controls.

• The development application was notified in accordance with our notification policy and five submissions were received. Concerns received during this period include traffic and parking impacts. These matters are discussed in the body of this report.


City Plan and Budget Implications:

This report has no implication for the City Plan and Budget.


20 GAREMA CIRCUIT, KINGSGROVE: USE AS PLACE OF PUBLIC WORSHIP WITH ANCILLARY OFFICES AND LIBRARY (CONT.)

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Report:

Background

On 8 June 1990, we approved Development Application 4911/1990 for the use of the subject site as an office and for the storage of signs subject to a number of conditions, including one requiring the provision of 14 off-street car parking spaces. On 25 June 1993, we approved Development Application 4911/1990 for the use of the subject site as a warehouse and distribution centre for motor vehicle parts and for the assembly and reconditioning of water pumps subject to conditions, again one condition requiring the provision of 14 off-street car parking spaces. On 28 June 2001, we approved Development Application 256/2001 for the use of the subject site as a car repair station to be used in conjunction with the existing spare parts warehouse subject to conditions. This development consent again confirmed the provision of fourteen off street car parking spaces being provided. Site Details

The subject site is located on the western side of Garema Circuit. The site has a frontage of 27 metres to Garema Circuit Street and a total site area of 1220m2. The site accommodates a two storey building with car parking for 14 vehicles within the front building setback. The building is currently vacant and contains a ground floor, first floor and a mezzanine area, which will be refitted to accommodate the proposed use. Surrounding land uses are activities ranging from engineering\manufacturing businesses to warehousing and showroom uses.



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Proposal

It is proposed to use the existing building as a place of public worship with ancillary offices and a library. The place of public worship will operate with participants being engaged in education, meditation and worship. The centre will be available daily for private study and prayer and it is expected that 10 people a day will attend the centre for these purposes. Public services will be held daily. The internal layout of the ground floor will include a main prayer and meeting hall, women’s prayer and meeting hall, male and female accessible bathrooms, a kitchen facility, a meeting room, and a storage and waste area. The mezzanine level will be used as a library and administration area, a staff room, and a computer room. The first floor will contain three offices, a staff lounge, an audio-visual room, a board room, a kitchen, male and female toilets, a waiting area (and hallway), and a storeroom. The mezzanine and first floor are accessed by separate stairways. The details of public services to be held in the premises are as follows:

Day Frequency Time Maximum

number of people

Monday to Wednesday

Weekly 10.00am- 10.30am 20

Thursday Weekly 7.30pm-8.30pm 50

Friday Weekly 1.00pm-2.00pm 100

Saturday Weekly 7.30pm-8.30pm 120

Sunday Weekly 10.00am-10.30am 80

Muharram Daily for 10 days (once annually)

8.30pm-10.30pm 200

Ramadan Daily for 30 days (once annually)

7.30pm-9.30pm 200

In addition to the use of the premises as a place of public worship, the first floor and mezzanine areas of the building will be used as offices and meeting rooms. These facilities will be operated by six staff between the hours of 8.30am and 5.30pm, Monday to Saturday. The ancillary uses of the site as offices and a library will not coincide with the public services with people working or studying on the premises being participants in the services. The maximum numbers in the table above reflect the number of people on the entire site at service times. Statutory Considerations

When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant:

• Canterbury Planning Scheme Ordinance

• Development Control Plan 20 – Car Parking

• Development Control Plan 29 – Crime Prevention Through Environmental Design.



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Assessment

The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge:

• Canterbury Planning Scheme Ordinance (CPSO) The site is zoned Light Industrial 4(b) under the CPSO. Under Clause 4 of the CPSO a ‘place of public worship’ is defined as a “church, chapel, or other place of public worship or religious instruction or place used for the purpose of religious training”. The proposed use of the subject site as a place of public worship is permissible in a Light Industrial 4(b) zone with consent. The proposed offices and library are ancillary to the use of the premises as a place of public worship.

• DCP 20 Car Parking The proposed development compares to DCP 20 as outlined below:

Standard Requirement Proposal Complies

Place of Worship (max 200 people)

Guide: 1 space per 5 visitors for first 100 (20 spaces) people, then 1 space per 3 visitors remained (30.33 spaces) TOTAL= 53.33 spaces

15 No

As demonstrated in the above table, the proposed development does not strictly comply with the numerical guides contained within DCP 20. The DCP does provide that the parking requirements for a place of worship shall be determined in light of a survey of a similar establishment. In this regard, the applicant has provided us with a survey of a similar establishment which states that the peak time for traffic generation would be in the day time Friday at 2 people per vehicle. At other times, which are outside typical working hours, average car occupancy was observed to be 3.2 people per vehicle due to people attending the services as a family unit. The applicant contends that adequate on street parking will be available for the services with the highest attendance as these will be held outside of the hours of operation of other uses in the area (After 6.00pm or on weekends). Only four of the proposed services will coincide with the typical working hours for the industrial uses in the locality. Three will be services with a maximum of 20 attendees (at 10.00am on Monday, Tuesday and Wednesday), and one will have a maximum of 100 attendees (between 1.00pm and 2.00pm on Friday). Adequate on site parking is available to cater for services between Monday and Wednesday due to the small number of attendees expected. Under DCP 20, only 4 car parking spaces would be required to cater for the twenty expected people. The proposed Friday services are expected to attract a maximum of 100 attendees. Under DCP 20 this service would require 20 car parking spaces. 15 can be made available on the subject site in a stacked arrangement, while on-street parking can cater for the 5 remaining spaces.



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We conducted a survey of available on-street parking and of parking available in the Garema Circuit public car park to confirm that adequate off-site parking was available in the vicinity of the proposed use. Two site visits were conducted, one on Thursday between 1.00pm and 2.00pm and the other on Friday between 1.00pm and 2.00pm. It was observed that there were a total of 48 on-street parking spaces within 90 metres either side of the subject site. Between 1.00pm and 2.00pm on Thursday, it was observed that of these, 13 spaces on-street parking spaces were available. Furthermore, only 45 of up to 300 spaces were occupied in the public car park located 140 metres north of the subject site. Between 1.00pm and 2.00pm on Friday it was observed that 9 on-street parking spaces were free and only 24 spaces were occupied in the Garema Circuit car park. All other proposed times are outside of standard working hours in Garema Circuit and as such on street car parking spaces will be readily available for use by the proposed place of worship. Considering the above factors it is considered that adequate car parking spaces are available for the use of the site.

� DCP 29 – Crime Prevention Through Environmental Design

The proposal involves the use of an existing building and should not contribute to creating opportunities for additional criminal activity. The proposed development compares to the relevant provision of DCP 29 as follows:


Natural Surveillance

Avoid blind corners. Provide natural surveillance for public/ communal areas. Clearly visible entries. Entrances, exits, service areas and carparking should be well lit.

The proposal does not include any blind corners, and all public areas are visible from the entrance. Conditions will be included requiring that the front setback be appropriately lit.

Yes

Access Control

Prevent unintended access. The site is secured by its front doors. Front setback area has adequate natural surveillance.

Yes

Ownership Create a ‘cared for’ image. Use materials which reduce opportunity for vandalism. Express a sense of ownership and reduce illegitimate use/ entry.

The proposal will create a cared for image for both the building and its locality as unlike other uses in the Garema Circuit, the premises is a community based use.

Yes

The proposal was also referred to our Community Safety Officer who advises provided adequate lighting, signage, low level planting, one way opening emergency exits, and adequate security measures including security patrols for services after hours are adopted that the proposal is acceptable. The use of security guards at night to increase the safety of people using the facility outside of daylight hours can be included as an advice on any consent granted.



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All other recommendations of the Community Safety Officer have been addressed in the conditions of consent. The proposed development has also been assessed in accordance with the requirements of our Crime Prevention Through Environmental Design Policy and is considered to achieve the aims and objectives of the policy. It should be noted that in the long-term, the operation of the proposed use regularly outside normal business hours will result in greater security and surveillance in the locality and thereby assist in reducing illegal or antisocial activities.

Other Considerations

• Building Code of Australia The proposal is satisfactory provided an additional means of egress is provided from the mezzanine level and the imposition of conditions of consent to ensure the proposal complies with the Building Code of Australia.

Disability Access

The proposal has been reviewed by our Disability Access Worker and the Disability Access Committee who are satisfied with the proposal provided that the accessible toilet on the ground floor is built in accordance with Australian Standards, and provided that the operators of the premises have a contingency plan whereby a person with a disability attending a meeting, interview, or counselling to be held in either the boardrooms on the mezzanine level, or the boardroom or offices on the first floor are able to attend by having the meeting rescheduled to the main meeting hall on ground level. Notification

The development application was placed on notification and advertised with a period of 21 days open for submissions as required under our Notification Policy (DCP 32). Five submissions were received. The following objections to the development were raised:

• Nature and extent of the proposed use Comment One submission expressed concern about the nature and extent of the use in the industrial Garema Circuit. The use of the premises as a place of public worship is permissible on the site under the Canterbury Planning Scheme Ordinance. The offices and library on the site are ancillary to this main function. The ancillary uses will employ only 6 staff for their operation. This will be included as a condition of consent. Adequate parking is available on-site to cater for this use. The majority of services to be held at the place of public worship will be held outside the regular hours of operation for businesses in the Garema Circuit precinct. Only four of the proposed services will coincide with regular business hours, with only one of these services attracting a significant number of patrons. This issue has been addressed in a previous section of this report.



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• Loss of Amenity Comment One submission has raised concern about the potential for the use to bring about a loss of amenity during functions being held on the subject site through amplified music and through traffic movements before and after such events. The subject site is located in the Garema Circuit Industrial precinct. Truck, vehicle, and machinery use are regular in the locality. The proposed use will be entirely contained within the existing building. Given that the most intensive use of the site will occur outside the hours of operation for the other businesses in the circuit, it is not anticipated that any loss of amenity will result from the use. Conditions will also be included on the consent requiring that no external public address system be installed on the site, and that the activity be conducted so that it causes no interference to the existing or future amenity of adjoining occupations. The proposal has also been reviewed by Council’s Team Leader- Traffic who has raised no concerns about the impact of the use on the local traffic network.

• Public Safety Comment One submission has raised concern about existing crime in the Garema Circuit area and that the use may increase crime in the locality. The proposal has been reviewed by our Community Safety Officer who is satisfied that the proposal will not contribute to criminal activity in the locality. Use of the premises as proposed will bring people into Garema Circuit after hours, thereby increasing opportunities for natural surveillance to occur, and as such, the use is likely to discourage criminal activity in the area during hours of use and thereby improve on the existing levels of criminal and antisocial behaviour in the Garema Circuit precinct.

• Traffic and parking implications on local road network and the street Comment Five submissions have enquired about the impact the proposal will have on local traffic and parking. Concern has been raised that the proposal does not provide adequate parking on site. As part of the development assessment process, a copy of the development application was referred to our Team Leader Traffic for comment. Our Team Leader Traffic raises no objections in relation to traffic volume and generation along Garema Circuit. The proposed use is not expected to have a significant impact on traffic.



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The hours of operation proposed for services are such that those attracting the largest number of people will occur outside normal business hours for other uses in Garema Circuit. The only service attracting a significant number of people coinciding with normal working hours is the proposed 1.00pm to 2.00pm Friday service which will attract a maximum of 100 people. A condition will be included in the consent requiring that no more than 100 people attend the premises between 7.30am and 5.30pm weekdays, with no more than 200 people attending the premises at any time. The proposal is required to provide parking at a rate of 1 space per 5 people (or 20 car spaces for 100 people). Given that fifteen useable parking spaces could be found on the subject site, the proposal is 5 spaces short of that required under the DCP. We attended the site between 1.00pm and 2.00pm on a Thursday and a Friday and observed that 13 and 9 on-street car parking spaces were available within a 20 metre distance from the site. It is therefore considered that adequate public and on-site parking is available to cater for the proposed use.

Conclusion

The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies. The proposal is generally compliant with our relevant codes and policies and conditions of consent have been imposed to ensure that the development does not have a significant impact on surrounding development. It is considered that the proposed facility is suitable at the subject site as it is low key and within an existing industrial area which will cause minimal disturbance to residents and adjoining businesses. It is recommended that the application be approved.

RECOMMENDATION:

THAT Development Application DA-722/2007 be APPROVED in accordance with the recommendation by the Director City Planning subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

1. The following must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate: 1.1. Details of:

• Structural Engineering Plan

• Building Specifications

• Proposed Fire Safety Schedule

• Firewall Separation in accordance with Building Code of Australia NSW variations H 101.2 to offices

• Additional exit from Office/Library/Computer Room

• Hose Reel to be relocated to comply

• Landscape plan showing additional low level planting in the front elevation

1.2. Payment of the Long Service Leave Levy to the Long Service Leave Corporation or to Council.



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1.3. Payment to Council of: Kerb and Gutter Damage Deposit $1658.00 Certificate Registration Fee $30.00 Long Service Levy $245.00

1.4. If you appoint Council as your Principal Certifying Authority, the following fees are payable: Construction Certificate Application Fee $532.50 Inspection Fee $513.00 Occupation Certificate Fee $99.00

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986. Note 2: If you appoint a Principal Certifying Authority other than Council, the fees shown in the fee quote attachment do not apply, however other fees will apply. Note 3: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 4: All fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.

BEFORE COMMENCING THE DEVELOPMENT

2. Before the erection of any building in accordance with this Development Consent; 2.1. detailed plans and specifications of the building must be endorsed with a

Construction Certificate by the Council or an Accredited Certifier, and 2.2. you must appoint a Principal Certifying Authority (either Canterbury City

Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and

2.3. you must give the Council at least 2 days notice of your intention to commence erection of the building (see Attachment – Notice of Commencement copy).

2.4. In the case of work which includes residential development, you must inform us in writing before the commencement of work of the following: 2.4.1. The name and contractor or licence number of the licensee who

has contracted to do or intends to do the work; or 2.4.2. The name and permit number of the owner-builder who intends to

do the work. INSURANCE

3. If it is intended to engage a builder or licensed contractor to do the work where it is valued over $12,000 and is not a multi storey building then this person must take out home building insurance with a private insurer. The builder or person doing the work must also satisfy Council that they have taken out an insurance policy by producing evidence of the insurance certificate or other documentation. Further information on insurance requirements is available from the Department of Fair Trading (NSW Consumer Protection Agency) on 1800 802 055.

SITE SIGNAGE

4. A sign shall be erected at all times on your building site in a prominent position stating the following: 4.1. The name, address and telephone number(s) of the principal certifying

authority for the work, and



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4.2. The name of the person in charge of the work site and a telephone number at which that person may be contacted during and outside working hours, and

4.3. That unauthorised entry to the work site is prohibited. GENERAL

5. The development being carried out in accordance with the plans, specifications and details prepared by Resolut Building Solutions , marked Drawing Plan No 101 issue 2, 102 issue 2 and 103 issue 1 as received by Council on 23 April 2008 except where amended by the following specific condition and the conditions contained in this Notice: 5.1. An additional exit is to be provided from the Office/ Library/ Computer

room in accordance with the Building Code of Australia. 6. All materials must be stored wholly within the property boundaries and must not

be placed on the footway or roadway. 7. All building operations for the erection or alteration of new buildings must be

restricted to the hours of 7.00a.m.-5.00p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

8. The Development Consent hereby granted will automatically lapse and become void two years after the consent date pursuant to Section 95(2) of the Act unless the development has physically commenced within that time.

9. Council’s warning sign for Soil and Water Management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.

10. All building construction work must comply with the Building Code of Australia. 11. Twelve (12) permanent off-street car spaces being provided in accordance with the

submitted plans, with three (3) additional temporary off-street car parking spaces being provided during services. These spaces are to be numbered and linemarked.

12. All activity being conducted so that it causes no interference to the existing and future amenity of the adjoining occupations and the neighbourhood in general.

13. All public worship services to be carried out in accordance with the following details:

Day Time Maximum

number of people

Monday to Wednesday 10.00am- 10.30am 20

Thursday 7.30pm-8.30pm 50

Friday 1.00pm-2.00pm 100

Saturday 7.30pm-8.30pm 120

Sunday 10.00am-10.30am 80

For ten (10) consecutive days during Muharram

8.30pm-10.30pm 200

For thirty (30) consecutive days during Ramadan

7.30p.m-9.30p.m 200

14. The hours of operation of the office and ancillary uses being confined to between 8.30am and 5.30pm.

15. No external public address system being installed that would impact on the amenity of adjoining residences.

16. The use being entirely contained within the building. 17. The number of persons working on the premises being limited to six (6).



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18. The finishes of all structures and buildings are to be maintained at all times, with any graffiti or vandalism immediately removed/repaired.

19. The capacity and effectiveness of erosion and sediment control devices must be maintained at all times.

20. The construction site must have soil and water management controls implemented as described in Specifications S1 and S2 of Council’s Stormwater Management Manual.

21. Concrete pumping contractors must not allow the discharge of waste concrete to the stormwater system. Waste concrete must be collected and disposed of on-site.

22. Materials must not be deposited on Council’s roadways as a result of vehicles leaving the building site.

23. Drains, gutters, roadways and accessways must be maintained free of soil, clay and sediment. Where required, gutters and roadways must be swept regularly to maintain them free from sediment. Do not hose down.

LANDSCAPING

24. A detailed landscape plan for the front setback area in accordance with Council’s Development Control Plan 45 - Landscape being prepared by a qualified landscape architect or a qualified landscape consultant and being approved by Council or an accredited Certifier prior to the issue of the Construction Certificate. The landscape plan is to include details of: (a) location of letterboxes and clothes drying areas (b) location of stormwater pipes and pits including on-site detention (c) height and material of all boundary fencing (d) existing trees showing which are to be retained and removed (e) existing and proposed contours (f) north point and scale (g) garden beds, edging, mulching and turfing (h) planting schedule (i) irrigation system (where appropriate) (j) bridge footings (where appropriate) (k) wheel stops to parking areas (where appropriate) (l) podium planter boxes and waterproofing (where appropriate) (m) garbage bays (where appropriate) Landscaping of the site being carried out in accordance with the approved landscape plan and with AUS-SPEC #1 Specification C273-Landscaping. The landscaping is to be maintained at all times to the Council's satisfaction.

ACCESSIBILITY

25. The accessible toilet on the ground floor is to comply with Australian Standard 1428.1 clause 10 for circulation space within the cubicle. Grabrails to be provided and positioned in accordance with this Standard.

26. A contingency plan being prepared by the operators of the premises whereby a person with a disability attending a meeting, interview, or counseling to be held in either the boardrooms on the mezzanine level, or the boardroom or offices on the first floor are able to attend by having the meeting rescheduled to be held on the ground level.

CRIME PREVENTION

27. All new planting in the front elevation being low level to allow for natural surveillance of the premises by passers-by.

28. Emergency exits are to be outwards opening only. 29. Night time lighting being provided from the front elevation of the premises to

increase security and natural surveillance from passers-by.



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30. Lighting similar to category P1 of Australian Standard 1158.3.1:1999 for road lighting of pedestrian areas being installed to ensure there is adequate lighting in the carpark for effective monitoring and surveillance.

31. Directional signage being installed in the front of the building and in the carpark to direct people to allocated areas in order to prevent loitering.

CRITICAL INSPECTIONS

32. Class 5,6,7,8 or 9 Buildings The following critical stage inspections must be carried out by the Principal Certifying Authority (either Council or the Accredited Certifier): 32.1. at the commencement of the building work, and 32.2. prior to covering any stormwater drainage connections, and 32.3. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. 33. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a

development consent, if not carrying out the work as an owner-builder, must

notify the principal contractor for the building work of any critical stage

inspections and other inspections that are to be carried out in respect of the

building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office hours.

COMPLETION OF DEVELOPMENT

34. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal Certifying Authority before partial/entire occupation of the development.

WE ALSO ADVISE 35. This application has been assessed in accordance with the Building Code of

Australia. 36. Where Council is appointed as the Principal Certifying Authority, you will be

required to submit Compliance Certificates in respect of the following:

• Structural engineering work

• Air handling systems

• Schedule of essential fire safety services 37. Your attention is directed to the following construction requirements of the

Building Code of Australia: 37.1. Glazing materials shall be selected and installed in accordance with the

relevant provisions of BCA Section B1.4 Clause B1.3 and Australian Standard 1288 and 2047.

37.2. Lightweight construction complying with BCA Specification C1.8. This is essential fire or other safety measure.

37.3. The early fire hazard properties of materials/carpets and the like complying with the requirements of BCA Specification C1.10. Certificates and documentation verifying properties and the use of materials on the premises are required for any health care or public entertainment building.

37.4. Width of stairs, surface finishes of treads and landings, construction of treads and risers and handrails/balustrades to stairs complying with BCA Part D2.

37.5. The space below any non fire isolated stairway (including an external stairway) serving as a required exit if enclosed to form a cupboard or other enclosed space must have, to BCA Clause D2.8:



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(a) a fire resistance level of not less than 60/60/60 to enclosing walls/ceilings, and

(b) any access doorway to the enclosed space fitted with a -/60/30 self-closing fire door.

37.6. Access and toilet facilities for disabled people being provided in accordance with BCA Part D3, Part F2.4, and AS 1428.1. Full details including ramp widths, gradients, layouts and the like must be submitted for approval to the Principal Certifying Authority.

37.7. Carparking space(s) for disabled persons being provided in accordance with BCA NSW Clause D3.5 and AS 2890.1. Any carparking area on the same allotment as a building required to be accessible must contain carparking space(s) for disabled persons at the rate required by Table D3.5, each with clear width of at least 3200mm. Marking colours must be ultramarine blue, with white border and international disability symbol. Where not already indicated satisfactorily on plan, details must be submitted to the Principal Certifying Authority.

37.8. Install a fire hydrant system to BCA Clause E1.3. Full hydraulic plans, details and a hydraulic design certificate (documenting compliance with Clause E1.3 and Australian Standard 2419.1 from a hydraulic engineer) must be submitted to the Principal Certifying Authority and approval obtained prior to installation of the system. A blank hydraulic design certificate is attached for this purpose. Existing street hydrants may be utilised where factors including location, coverage, water pressure and flow rates are adequate. Further information can be obtained by your hydraulic engineer from Sydney Water on telephone 13 20 92. Street hydrants utilised to comply with this condition must be detailed on the hydraulic design certificate. This item is an essential fire or other safety measure. A hydraulic design certificate (SC1100b) is attached.

37.9. Install a hose reel system to BCA Clause E1.4. Full hydraulic plans, details and a hydraulic design certificate (SC1100b attached) (documenting compliance with Clause E1.4 and Australian Standard 2441 from a hydraulic engineer) must be submitted to the Principal Certifying Authority and approval obtained prior to installation of the system. A blank hydraulic design certificate is attached for this purpose. Hose reels must be provided so that the nozzle end of a fully extended hose fitted to the reel and laid to avoid partitions or other physical barriers will reach every part of the floor of the storey; and be located: (a) externally; or (b) internally within 4 metres of an exit; or (c) internally adjacent to a hydrant (except in a fire isolated exit); or (d) in any combination of (a), (b) or (c), so that the hose will not need to pass through doorways fitted with fire or smoke doors (except doorways to electrical supply/class 2-4 units/shafts/equipment). Any system valve capable of isolating flow in the hose reel water supply main must: (a) be secured in the open position by a padlocked metal strap; and (b) be labelled with an engraved non-ferrous metal tag with 8mm upper

case wording: “FIRE SERVICE VALVE-



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CLOSE ONLY TO SERVICE FIRE HOSE REELS”

This item is an essential fire or other safety measure. A hydraulic design certificate (SC1100b) is attached.

37.10. Install portable fire extinguishers selected, located and distributed to BCA Clause E1.6/Table E1.6 and AS 2444. This item is an essential fire or other safety measure.

37.11. The installation of an automatic smoke detection and alarm system in the building, comprising an automatic smoke detection and alarm system complying with Specification E2.2a of the Building Code of Australia, (inclusive of system monitoring to Clause 7, unless otherwise approved by the NSWFB). This is an essential fire or other safety measure.

37.12. Install within the residential flat building a smoke alarm system to BCA Clause/Specification E2.2a with smoke alarms installed: (i) within each unit located on or near the ceiling in any storey:

(a) containing bedrooms: (aa) between each part of the unit containing bedrooms

and the remainder of the unit, and (ab) where the bedrooms are served by a hallway, in that

hallway, and (b) not containing any bedrooms (in egress paths), and

(ii) in a building not protected with a sprinkler system, in public corridors and other public spaces, located in accordance with AS1670.1 and connected to activate a building occupant warning system in accordance with Clause 6. The smoke alarm system must consist of smoke alarms complying with AS 3786 and be powered by the consumer mains source. Furnish a Certificate from the installer upon completion verifying compliance with this condition. This item is an essential fire or other safety measure.

37.13. Install smoke and heat vents activated by smoke detectors and including manual override controls as required Clause NSW E2.2b and to comply with Clause E2.2c. This item is an essential fire or other safety measure.

37.14. Emergency lighting complying with AS/NZS 2293.1 being installed throughout the building where required under BCA Clause E4.2. This item is an essential fire or other safety measure.

37.15. Exit signs being provided in accordance with BCA Clause E4.5. This item is an essential fire or other safety measure.

37.16. Waterproofing of wet areas to BCA Clause F1.7 and Australian Standard 3740.

37.17. The building being either naturally ventilated in accordance with BCA Clause F4.5 or mechanically ventilated or air-conditioned in accordance with Clause F4.6. Details and specifications being submitted to the Principal Certifying Authority with the application for a Construction Certificate. This item is an essential fire or other safety measure if serving a life safety function.

37.18. Materials including sarking, finishes, surfaces, linings or attachments to any walls/ceilings/floors or of any part of the seating/coverings to closed backed upholstered seats or cinematograph screens or curtains/blinds or similar decor complying where required and as specified under BCA Specification C1.10. Certificates and documentation is required to verify compliance with this condition.



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37.19. The width of required exits/paths of travel, and the unobstructed width of each doorway shall be not less than 1 metre and not more than 3 metres in accordance with NSW BCA Clause D1.6. The width of a required exit must not diminish in the direction of travel to a road or open space, and shall contain an aggregate width of exit in accordance with NSW BCA Clause D1.6(h). At least one half of the aggregate width of exits must discharge otherwise than through the main entrance or the area immediately adjacent to the main entrance in accordance with NSW BCA Clause D1.10.

37.20. Exit doors swinging in the direction of egress and being hung in two folds where the doorway is more than 1 metre in width in accordance with NSW BCA Clause D2.19(e). Exit doors must be fitted with a panic bolt only, if the doors are to be secured. An exit door or gate used by the public as a main entrance may be fitted with a key operated fastening which must enable a door or gate to yield to pressure from within whenever the building is occupied by the public in accordance with NSW BCA Clause D2.21(f). A doorway or opening within sight of an audience but not intended for egress must have a notice displayed clearly indicating its purpose and such a notice must not be internally illuminated.

37.21. The place of worship being provided with an air handling system in accordance with NSW BCA Clause E2.2b. This item is an essential fire or other safety measure.

37.22. Directional exit signs being provided in external egress paths to the street frontage (where the exit does not open directly onto the street) in accordance with NSW BCA Clause E4.6. This item is an essential fire or other safety measure.

37.23. The alternative to the provision of these additional measure is to

submit an Alternative Solution. 38. To consider the use of security guards at night to increase the safety of people

using the facility outside of daylight hours. This will increase the surveillance of the area and reduce criminal activities taking place at night.

39. Any works to be carried out by Council at the applicant’s cost need to be applied for in advance.

40. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no., name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

41. Compliance with the Building Code of Australia does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199.

42. Our decision was made after consideration of the matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, and matters listed in Council’s various Codes and Policies.

43. If you are not satisfied with this determination, you may: 43.1. Apply for a review of a determination under Section 82A of the

Environmental Planning and Assessment Act 1979. A request for review must be made within 12 months of the date of this Notice of Determination and be accompanied by the relevant fee; or



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43.2. Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979. (Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

If you should require any further information, please do not hesitate to contact Liam Frayne in City Planning, on 9789 9551 Monday to Friday


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EAST WARD


MANUFACTURE OF AIR CONDITIONING DUCTWORK

FILE NO: 526/32D U3 Pt2

REPORT BY: MANAGER DEVELOPMENT ASSESSMENT

Ward: EAST

D/A No: DA-766/2007

Applicant:

Owner:

Nick Grujoski

RG Downing Pty Ltd

Zoning: Light Industrial 4(b) - Canterbury Planning

Scheme Ordinance

Application Date: 21 December 2007, amended plans received on 4

March 2008 and additional information received

on 28 March 2008

Summary:

• It is proposed to obtain our consent to use the existing light industrial unit, 3/32 Liney Avenue for the manufacture of air conditioning ductwork.

• The subject site is zoned Light Industrial 4(b) under the provisions of the Canterbury Planning Scheme Ordinance. The proposed development is permissible subject to Council’s consent.

• The proposal has been assessed against our relevant codes and policies and found to generally comply with the various requirements of these policies.

• The Development Application (DA) was notified in accordance with our Notification Policy where we received five submissions, including one petition signed by 28 residents from Liney Avenue, Hillside Avenue and Chisholm Avenue objecting to the development. It should also be noted that three of the submissions received during the notification period were from the same resident. Issues raised include the use operating without consent, hours of operation, noise associated with proposed operations, amenity impacts of the proposed development, permissibility of the proposed use within the zone and compliance with our codes.

• We also received a petition with 11 signatures in support of the subject application on 4 March 2008. It is also noted that three of the petitioners that signed this petition had previously signed the petition received during the notification period objecting to the proposed application.

• The Manager Development Assessment has recommended the application be approved subject to conditions.


This report has no implication for the City Plan and Budget.


3/32 LINEY AVENUE, CLEMTON PARK: USE FOR MANUFACTURE OF AIR CONDITIONING DUCTWORK (CONT.)

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Report:

Background

• On 5 July 1979 DA 79/2947 was approved for the construction of 8 small industrial units at 32 Liney Ave, Campsie. On 29 February 1980 we approved a modification to Development Consent 79/2947 involving a variation to the landscaping, changes to the design and a redesign of the northern wall.

• On 1 June 1983 we approved DA 1184 for the use of Unit 3 for the storage of souvenirs.

• On 24 October 1985 we approved DA 2380 for the use of this unit for the warehousing of heat shrinkable products.

• On 12 January 1989 we approved DA 4030 for the use of the unit for the manufacture of embroidery and clothing.

• On 27 June 1996 we refused DA M4030/96 for the extension of operating hours at the subject premises.

• On 30 July 1996 we modified Condition 9 of Development Consent 4030 to read; ‘The hours of operation being confined to 7.30 am to 5.30 pm Mondays to Fridays and 7.30 am to 1.00pm. Saturdays with the office being used to 9.00pm on weekdays provided there are no truck movements after 5.30 pm.’

• On 6 August 1996 and 19 September 1996 legal proceedings against the occupiers of Unit 3 commenced. Proceedings were related to non-compliances with the hours of operation approved under Development Consent 4030/96.

• On 7 October 1999 we approved DA 637/99 for the use of the premises for the storage of fabric and clothing. On 13 July 2000 a ‘Notice of Intention to give an Order’ was issued to the occupiers of Unit 3 due to non-compliances relating to the hours of operation and noise emissions associated with the operations.

• On 24 May 2006 Development Consent 229/2006 was issued for the Strata Subdivision of the development at 32 Liney Avenue into 8 industrial lots. On 18 April 2007 we released the Subdivision Certificate (11/2007) for the Strata subdivision of the site into eight lots.

We received the subject application (DA 766/2007) on 21 December 2007. After undertaking a preliminary assessment of the DA we wrote to the applicant on 23 January 2007 requesting amended plans and additional information to address our concerns relating to the proposed operations, number of employees, hours of operation, owners consent from the Body Corporate, estimated costs of the proposal, deliveries, signage, fitout and use of the office and storage racks. Details of the objections received during the notification period were also outlined in this letter and the applicant was requested to provide a response to these issues. Amended plans and additional details were submitted on 4 March 2008 and on 28 March 2008. On 8 January 2008, our solicitors, Pike Pike and Fenwick wrote to the applicant, instructing that the unauthorised operations at the site were in beach of s76A(1)(a) of the Environmental Planning and Assessment Act 1979 and that the use cease by close of business on 18 January 2008.



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In response we received advice from the applicant confirming that the use of the premises as a metal fabrication workshop for the manufacture of air conditioning ductwork would cease from 5.00pm on 22 January 2008. Site Details

The site is located at key of the cul-de-sac in Liney Avenue, Clemton Park. The site fronts Liney Avenue however it also adjoins 36 Harp Street to the north and west and Hillside Avenue and Chisholm Avenue to the south. The site currently comprises a factory unit complex with a total of eight units. The subject unit, No. Unit 3 is located on the northern side of the complex (see Figure 1). The surrounding development includes low density residential and light industrial uses.

Proposal

The subject Development Application seeks consent for the use of the subject unit for the manufacture of air conditioning ductwork. The proposed operations will involve office duties, the manufacturing of air conditioning ducts and the storage of air conditioning equipment and materials including copper pipes, conduits and cables. The fitout will involve the installation of self supporting steel framed storage racks which will extend along the premises eastern elevation, a lockseamer (steel) roll forming machine, a spot welder, a hydraulic panbrake and a guillotine on the ground floor of the unit. Three desks and a filing cabinet will be located on the mezzanine level office. The ground floor kitchen and amenities and the mezzanine level tearoom and WC will remain as existing. The application does not propose any new signage.

Figure 1 Subject Site, Unit 3



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A maximum of three employees will be working at the site at any given time. The operating hours will be Mondays to Fridays 7.30am to 5.30pm and Saturdays 7.30am – 1.00pm. All deliveries to and from the site will occur between 9.00am and 3.00pm Mondays to Fridays. Deliveries to the site will be made by a 1 tonne utility vehicle. Delivery vehicles will park in the loading bay which will be located within the tenancy. It is anticipated that there will be up to four deliveries to the site on a weekly basis, with the size of deliveries varying in size and weight from 500g to 25kg. All goods will be manually unloaded and loaded from the delivery vehicles. All general waste will be collected weekly by our waste collection service. All fibre glass, insulation and galvanized metal sheeting waste will be collected by a private contractor. The proposal does not involve any structural work. Statutory Considerations

When determining this application, the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered. In this regard, the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant:


• Development Control Plan 20 – Car Parking

• Development Control Plan 21 – Industrial Development Code

• Development Control Plan 29 – Crime Prevention Through Environmental Design

• Development Control Plan 48 – Waste Management. Assessment

The development application has been assessed under Sections 5A and 79C of the Environmental Planning and Assessment Act, 1979 and the following key issues emerge:

• Canterbury Planning Scheme Ordinance (CPSO) The site is zoned Light Industrial 4(b) under the Canterbury Planning Scheme Ordinance. The proposal is for the use of the premises for light industrial manufacturing works which is a permissible use subject to Council consent.

• DCP 20 – Car Parking Code The proposed development requires that 3 off street parking spaces be provided. The proposed development includes 4 onsite car spaces. The location of these four car spaces is not in accordance with the approved Strata Certificate. Should the application be approved a condition will be included regarding the location of onsite parking for Unit 3 being in accordance with the approved Strata Plan. It is considered that the proposal satisfies the requirements of our Car Parking Code.



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• DCP 21 – Industrial Development Code The proposal was assessed against the provisions of DCP 21. The outcome of this assessment is detailed below:

Standards Requirements Proposal Complies

Site adjoins residential properties

Restrict operating hours to 7.30am to 5.30pm Mondays to Fridays and from 7.30am to 1.00pm Saturdays

7.30am to 5.30pm Mondays to Fridays and 7.30am to 1.00pm Saturdays

Yes

Loading and unloading facilities

Loading and unloading to take place within the site

Loading and unloading to occur within the unit

Yes

Waste Location of waste facilities and method of disposal to be provided.

Location of bins not shown. General waste will be collected weekly by Council’s waste collection service. All fibre glass, insulation and galvanized metal sheeting waste will placed in a skip bin and collected by a private contractor.

No – see comments. Yes

With regards to the location of waste facilities, should the application be approved a condition will be included regarding the location of waste facilities within the premises. As illustrated above, the proposal complies with the requirements of DCP 21.

� DCP 29 – Crime Prevention Through Environmental Design

The proposal was assessed against the provisions of DCP 29. As the proposal is seeking to occupy a vacant tenancy within an existing development, it is not considered that the proposal will generate any additional security or surveillance risks to the site. Natural surveillance of the unit is considered adequate with the units entrance/exit area clearly visible within the industrial unit complex. Staff parking area is located onsite and is clearly visible from the unit and surrounding units. The proposal is consistent with the terms and requirements of our Crime Prevention Through Environmental Design Code and no objection is raised to the proposal in this regard.

� DCP 48 – Waste Management

A waste management plan was submitted as part of the Development Application. The waste management plan states that general waste will be collected weekly by Council’s waste collection service and all fibre glass, insulation and galvanized metal sheeting waste will be placed in a skip bin and collected by a private contractor. The proposal does not detail the location of waste and recycling storage areas. Should the application be approved conditions relating to waste management will be imposed, including the location of waste at the site. It is considered that the proposal can satisfy the requirements of DCP 48.



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Notification

The DA was notified in accordance with our Notification Policy to the owners and occupiers of the surrounding properties. During this period we received five submissions, including one petition signed by 28 residents from Liney Avenue, Hillside Avenue and Chisholm Avenue. It should also be noted that three of the submissions received during the notification period were from the same resident objecting to consent of the subject application. Issues raised included operating without consent, hours of operation, noise associated with proposed operations, amenity impacts of the proposed development, permissibility of the proposed use within the zone and compliance with our codes. The amended plans received on 4 March 2008 have not been notified. Clause 3.1 of our Notification Policy states that when a DA has been notified and amended plans are received, as in this instance, if the amendments made have no greater impact or effect on the locality to those plans previously notified that re-notification is not necessary. In response to the issues raised during the notification period the following advice is offered:

• Operation without consent Comment It is acknowledged that the premises were being used for the manufacturing of air conditioning duct work without development consent. As previously outlined from 5.00pm on 22 January 2008 use of the premises as a metal fabrication workshop for the manufacture of air conditioning ductwork ceased. We raised no objection to the premises being used for office and clerical duties between 7.30am to 5.30pm Mondays to Fridays and 7.30 am to 1.00pm Saturdays until the application is determined. The current application seeks to obtain consent for the proposed operations.

• Hours of operation Comment The proposed hours of operation are proposed to be 7.30am to 5.30pm Mondays to Fridays; and 7.30am to 1.00pm Saturdays which is consistent with the hours of operation outlined under DCP 21 – Industrial Development Code.

• Noise and impacts on amenity of the surrounding area Comment The acoustic report and additional information prepared by ABC Advanced Engineering was assessed by our Environmental Health Officers and it was outlined that based on the acoustic report “sheet metal work practices on site can

be carried out to meet (the) Environmental criteria providing there are noise

attenuation measures carried out …(in) the unit”.

Should the application be supported a number of conditions regarding noise attenuation will be imposed, including a condition that will require an acoustic compliance test being carried out within 30 days of the industrial unit becoming operational.



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• Permissibility of the development Comment It is noted that many of the objections received questioned the permissibility of the proposal within the zone. Clause 4 of the Canterbury Planning Scheme Ordinance permits light industrial uses provided they do not unreasonably affect the local amenity. As the proposal has been demonstrated as being capable of complying with the relevant environmental criteria, and that the proposal will not unreasonable interfere with the amenity of the neighbourhood, the proposed use is considered to be permissible development within the zone.

• Petition supporting proposal Comment It should also be noted that on 4 March 2008 we received a petition with 11 signatures in support of the subject application. As previously noted 3 of the petitioners that signed this petition had previously signed the petition received during the notification period objecting to the proposed application.

Conclusion

The development application has been assessed pursuant to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies. As outlined throughout this report, the proposal is generally compliant with the applicable development controls, these being DCP 21, DCP 20, DCP 29 and DCP 48. With regards to amenity impacts, based on the information provided by ABC Advanced Engineering it is considered that the proposal can meet the environmental criteria provided noise attenuation measures are implemented at the site. In this regard it is recommended that the DA be approved subject to conditions.

RECOMMENDATION:

THAT Development Application 766/2007 be APPROVED subject to the following conditions: GENERAL

1. The development being carried out in accordance with the plans, specifications and details prepared by Philip Huntington, dated 24 January 2008, marked Drawing Plan No. 4896 1 A, as received by Council on 4 March 2008, except where modified by conditions specified in this Notice, and the following specific conditions: 1.1 Four off-street car spaces are to be provided in accordance with the approved

Strata Certificate signed by Council on 17 April 2007 and prepared by Michael John Stynes, labelled Sheet 3 of 4, Surveyors Reference: 2005/2950.

1.2 The loading area located within the unit is to be provided in accordance with the requirements of Council’s Carparking Code (DCP 20) with a minimum width of 3.5m and a minimum length of 6.4m.

2. The Development Consent hereby granted will automatically lapse and become void five years after the consent date pursuant to Section 95(2) of the Act unless the development has physically commenced within that time.



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3. The number of persons working on the premises being limited to three (3) persons. 4. The hours of operation being confined to between 7:30a.m. and 5:30p.m. Mondays

to Fridays and 7.30a.m. to 1:00p.m. Saturdays. 5. No vehicles delivering to or picking up goods from the premises before 7.30a.m. or

after 5.30p.m. Monday to Friday, or before 7.30a.m. or after 1.00p.m. Saturdays. No delivery vehicles are to be standing in the street prior to 7.30a.m. Mondays to Saturdays.

6. All truck movements being restricted to between the approved hours of operation. 7. Loading areas being kept clear for that purpose at all times. 8. Delivery vehicles being limited in size to a 1 tonne small rigid vehicle. 9. All loading and unloading of material must be carried out within the building and

not in the open yard. All loads must be adequately secured so as to prevent a noise disturbance when transporting the metal ducting off the premises.

10. All materials must be stored wholly within the property boundaries and must not be placed on common property or the roadway.

11. All building construction work must comply with the Building Code of Australia. 12. The premises not to be used for the sale of goods to the public 13. Provide suitable site storage, handling and disposal of waste material arising upon

the premises. Waste bins are not to affect the amenity of the adjoining units, or be located within the car park. Disposal options may include recycling, removal by private contractor, or by Council Trade Waste Services. Further information on our services is available on 9789-9300.

14. A separate Development Consent may be required for proposed advertising signs, although some signs do not require approval. For further information see the Advertising Sign Development Control Plan (DCP 24) and application form which are available from City Planning Division.

15. The finishes of all structures and buildings are to be maintained at all times, with any graffiti or vandalism immediately removed/repaired.

16. The path of travel must comply with Part D 1.6 and Part D 1.10 of the Building Code of Australia.

17. The doors must comply with Part D 2.19, Part D 2.20 and Part D 2.21 of the Building Code of Australia.

18. Install portable fire extinguishers selected, located and distributed to BCA Clause E1.6/Table E1.6 and AS 2444. This item is an essential fire or other safety measure.

19. Emergency lighting being provided to every level of every stairway in accordance with BCA Clause E4.42 and AS/NZS 2293.1. This item is an essential fire or other safety measure.

20. Exit signs being provided in accordance with BCA Clause E4.5. This item is an essential fire or other safety measure.

21. All existing fire safety measures should be maintained in accordance with the relevant Australian Standards.



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ENVIRONMENTAL HEALTH

22. The recommendations in the ABC Advanced Engineering Noise Assessment report No AC08/V/J771/01 dated 28 February 2008 shall be implemented with the qualification that all noise emitted from the operations (mechanical plant noise and vehicular noise) must not exceed background +5dB(A) when assessed or measured as a LAeq (15minute) contribution at any point on a nearby residential properties.

23. An acoustic compliance test must be carried out within 30 days of the use becoming operational and demonstrate compliance with the terms of the ABC Advanced Engineering Noise Assessment report dated 28 February 2008. Any recommendations made by the consultant are to be implemented to bring about compliance. The test is to be conducted by an approved acoustical consultant /engineer whose organisation is independent of any acoustical engineer or firm associated with the development application. The consultant must hold a recognised tertiary qualification in a discipline pertinent to acoustics which would allow for the attainment of membership with the Association of Australian Acoustical Consultants (AAAC). Details of this acoustic compliance test must be submitted to Council.

24. If complaints are received by Council during the course of the operations of the use the owner/operator must undertake an acoustical investigation of the activities. The acoustical investigation must be undertaken by an acoustical consultant who holds a recognised tertiary qualification in a discipline pertinent to acoustics which would allow for the attainment of membership with the Association of Australian Acoustical Consultants (ACCC). Their investigations must describe and assess the impact of noise emissions from the proposal. The investigation must include: a) The identification of sensitive noise receivers impacted by the business. b) The quantification of the existing acoustic environment at the receiver

locations (measurement techniques and assessment period shall be fully justified in accordance with Australian Standard AS1055:1997 Acoustic

Description and Measurement of Environmental Noise and Environmental

Protection Authority’s Noise Control Manual); c) The formulation of a suitable assessment criteria not giving rise to a sound

level at the boundary of any adjoining premises or occupancy greater than 5dBa above the L90 background level. The source noise level shall be assessed as LAeq, 15 min. and adjusted in accordance with the NSW Department of Environment and Climate Change’s (DECC) guidelines for tonality, frequency weighting, impulsive characteristics, fluctuations and temporal content.

d) The identification of operational noise producing facets of the development and the subsequent prediction of resultant noise at the identified sensitive receiver locations from the operation of the premises. Where appropriate the prediction procedures shall be justified and include an evaluation of prevailing atmospheric conditions that may promote noise propagation; and a statement indicating that the development is capable of complying with the criteria together with details of acoustic control measures that will be incorporated into the development;

e) The acoustic investigation shall be conducted using the NSW Department of Environment and Climate Change. NSW Noise Guide for Local Government and NSW ‘Industrial Noise Policy ’



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25. All activity being conducted so that it causes no interference to the existing and future amenity of the adjoining occupations and the neighbourhood in general by the emission of noise, smoke, dust, fumes, grit, vibration, smell, vapour, steam, soot, ash, waste water, waste products, oil, electrical interference or otherwise.

26. The use of the premises shall not give rise to air impurities (including dirt and dust) in contravention of the Protection of the Environment Operations Act 1997.


Australia. 28. That Council views the commencement of the use of the premises without its

consent as a serious breach of its Planning Scheme Ordinance, and that should any breaches occur in the future, particularly in relation to the compliance with the conditions of consent, then legal proceedings may be instituted.


30. If you are not satisfied with this determination, you may: 30.1 Apply for a review of a determination under Section 82A of the


30.2 Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979.

(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

If you need more information, please contact Kate Mirow in City Planning on 9789-9512, Monday to Friday.


Page 30

WEST WARD



LANDSCAPING

FILE NO: 88/150D PT2

REPORT BY: DIRECTOR CITY PLANNING

Ward: WEST

D/A No: DA-509/2007

Applicant:

Client

Owner:

Wayne McPhee and Associates Pty Ltd

Canterbury City Council

NSW Department of Planning

Zoning: Reservation 7(a) – County Open Space and

Reservation 8(a) – County Road (Proposed) under

the Canterbury Planning Scheme Ordinance

Application Date: 29 August, 2007 (amended plans received on 16

October, 2007, 14 April 2008 and 21 May 2008)

Summary:

• The Independent Hearing and Assessment Panel deferred consideration of the development application at its meeting of 28 April 2008 pending the submission of additional information. The necessary additional information has since been forwarded and these matters are discussed in the Supplementary Information of this report.

• The applicant is seeking approval to construct a new building to be used as an indoor recreation centre with associated car parking and landscaping on land known as 150 Belmore Road, Riverwood.

• The development application has been assessed against the provisions contained in SEPP 11, the Canterbury Planning Scheme Ordinance and DCP’s 9, 20, 29, 37, 45 and 48 including our Notification Policy (DCP 32).

• The development was found to have satisfied the relevant numerical requirements and standards contained within the Planning Scheme Ordinance and each of the above mentioned DCP’s.

• The application was notified in accordance with our Notification Policy. No submissions were received.



The report has no implications for the City Plan and Budget.


150 BELMORE ROAD, RIVERWOOD: CONSTRUCTION OF INDOOR RECREATION CENTRE WITH CAR PARKING AND LANDSCAPING (CONT.)

Page 31

Report:

Site Details

The site is located on the eastern side of Belmore Road, Riverwood immediately south of the road’s intersection with the M5 Motorway. Irregular in shape, the site has a 63.96 metre frontage to Belmore Road, depths of 274.85 metres and 294.22 metres along the northern and southern boundaries respectively and a rear or eastern boundary of 121.82 metres. The site has an area of 28, 261m2. The site is currently vacant and includes a number of predominately semi mature and mature eucalypt species, a bitumen pathway providing pedestrian access from Belmore Road to recreational areas to the east of the site and a timber post and chain fence across the site's frontage to Belmore Road. Immediately to the north of the site is the M5 Motorway while to the east of the site is Bland Oval and Lance Hutchison Oval. To the west of the site, on the opposite side of Belmore Road, is the Riverwood Community Centre. Additional ancillary features within this site include a skate park, sensory garden (containing pergolas and other covered outdoor structures), two separate car parks and extensive landscaped areas. The southern boundary of the site is adjoined by residential developments fronting Coorabin Place while to the south east of the site is Hannans Road Primary School. The most noticeable fall or slope on the site occurs in its western portion where the land falls to Belmore Road. It is in the immediate vicinity of Belmore Road that it is evident that also a slight cross fall exists from the northern boundary of the site to its southern boundary. The sites low point is in its south western corner at RL15.00.



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Proposal

The proposal is for the construction of an indoor sport and recreation facility. The facility is proposed to contain a foyer, reception area, office area, café, health club, group fitness room, spinning room (bike), physio, semi outdoor fitness area, male and female toilets (and change rooms), crèche, multi-purpose room, two sports courts and associated equipment storerooms. A mezzanine level is also provided to accommodate the necessary plant equipment. A total of 140 car parking spaces are proposed along the northern boundary of the site and to the immediate east of the centre. Two of these spaces are identified as being suitable for people confined to a wheelchair while three of the spaces are identified for use as 'family parking'. Bicycle racks have also been provided capable of accommodating a total of 17 bicycles. In addition to the 140 car parking spaces the proposal provides for a parking area for motor cycles while a 'bus layby' area has been provided immediately adjacent the main entrance to the facility. In the north western corner of the site an outdoor waste storage area has been provided. The proposed hours of operation of the centre are 6.00am to 9.00pm, Monday to Friday and 7.00am to 8.00pm, Saturday and Sunday. Statutory Considerations

When determining this application the relevant matters listed in Section 79C of the Environmental Planning and Assessment Act 1979 must be considered and in this respect the following environmental planning instruments, development control plans (DCPs), codes and policies are relevant:

• SEPP 11 – Traffic Generating Developments

• SEPP 19 - Bushland in Urban Areas

• SEPP 55 - Remediation of Land


• Development Control Plan 9 – Non Residential Buildings Adjoining Residential Zones

• Development Control Plan 20 – Car Parking Code

• Development Control Plan 29 – Crime Prevention through Environmental Design

• Development Control Plan 37 – Energy Smart Homes Policy

• Development Control Plan 45 – Landscape

• Development Control Plan 48 – Waste Management. Assessment

Assessment of the application has been made in accordance with the provisions of Section 79C (1) of the Environmental Planning and Assessment Act 1979.

• SEPP 11 – Traffic Generating Developments

The application was referred to the Roads and Traffic Authority (RTA) for assessment and comment pursuant to the provisions contained within State Environmental Planning Policy 11. The RTA advised as follows:



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“1. No left turn slip lane into the sporting complex has been provided.

2. Length of right turn bays are considered short especially the right turn into the

sporting complex. It will take only one 14.5 single unit truck/bus to take up all

the right turn storage and will lead to queuing in the through lane.

3. Conflict with the pedestrian refuge located between the two right turn lanes.

Queuing could well occur into the through lanes in Belmore Road due to the

short length of right turn storage and obscure pedestrians from sight. I have

concerns with providing a pedestrian refuge across a four lane road like

Belmore Road especially with two pedestrian generating facilities like a

sporting complex and a community centre/skate park.

4. Conflict with the exit from the sporting complex as there is no physical means

of deterring the right turn out into Belmore Road. This will lead to conflict with

vehicles turning right into the community centre and through traffic in Belmore

Road. There is also no physical deterrent to stop vehicles that exit the

community centre/skate park from turning right into Belmore Road. Again, this

will cause conflict with vehicles turning right into the community centre/skate

park and through traffic in Belmore Road. The chevroned median promotes a

right turn out.

5. A 14.5m single unit truck/bus cannot make the right turn into the sporting

complex with the configuration of the median and traffic island as shown. It

will mount either the traffic island or the median for the right turn lane and

will mount the kerb in the sporting complex. The medians/islands need to be

adjusted to suit the turn path of a 14.5m single unit truck/bus.”

Having regard to the above comments the RTA recommends that the proposal be further amended in accordance with the requirements set out in its letter dated 28 November 2007. Following the above advice, our City Works Division has liaised with representatives of the RTA and negotiated an amended access design to overcome the concerns of the RTA highlighted above. Following these negotiations, the proposal was referred to Canterbury Traffic Committee, where a revised layout was tabled for consideration. At its meeting of 3 April 2008, the Traffic Committee resolved as follows: 1. No objection is raised on traffic grounds to the construction of an indoor

recreation centre at 150 Belmore Road, Riverwood. 2. The entry/egress proposal for the site and associated restricted parking

proposals in Belmore Road detailed on Plan 1685 T01 included in the report and tabled at the meeting be approved.

In short, the proposed access arrangements that have been approved by the Traffic Committee involve the separation of ingress and egress and the provision of a right turn lane into the subject site and a right turn lane into the community centre/skate park site opposite the subject site. These arrangements are considered acceptable to manage traffic in and around the site without significantly impacting the movement of traffic and the road system.



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• SEPP 19 – Bushland in Urban Areas The site adjoins land zoned public open space hence the provisions contained within SEPP 19 are applicable. Specifically the SEPP requires us to consider the provisions contained within Clause 9. Having regard to the proximity of the open space zoned land and the nature of the immediately adjoining built forms and land use it is unlikely that the proposed works will cause disturbance to the effectiveness and function of the adjoining public reserves. In fact, the development of the site for a recreational purpose would provide for a welcome addition to the facilities that are currently accommodated in the immediate vicinity of the site that are on land that is zoned public open space (i.e. Bland Oval, Lance Hutchison Oval, etc).

• SEPP 55 – Remediation of Land Clause 7 of SEPP 55 - Remediation of Land requires us to consider whether the land is contaminated prior to granting consent to the carrying out of the development of that land. Should the land be contaminated, we must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make it more suitable for the proposed use, we must be satisfied that the land will be remediated before the land is used for that purpose. Having regard to the previous use of the site as a medical facility, it is appropriate that as a condition of any development consent issued, the applicant be required to prepare a preliminary site contamination investigation, in accordance with the requirements of the relevant NSW EPA Guidelines. Subject to the investigation findings, satisfactory remediation, validation and issuing of a Site Audit Statement may be necessary, in accordance with Council’s Contaminated Land Policy. This is included as a condition in the recommendation below.

• Canterbury Planning Scheme Ordinance (CPSO) In the most part, the site is ‘Reservation 7(a) – County Open Space’ under the Canterbury Planning Scheme Ordinance. Clause 10(1) of the Planning Scheme states, amongst other things, that a person shall not erect a building other than a building required for or incidental to the purpose for which the land is so reserved. Accordingly permissible development represents work that is consistent, ancillary or incidental to a ‘county open space’ purpose. The construction of an indoor recreation centre is consistent with a 'county open space' purpose. The development is therefore considered to have satisfied the relevant provisions contained within Clause 10 of the Canterbury Planning Scheme Ordinance. A small portion of the site is dedicated as Reservation 8(a) – County Road (Proposed). The extent of the land zoned County Road (Proposed) is confined to across the sites frontage to Belmore Road tapering towards the sites southern boundary. No physical works are proposed on the land that is reserved for such purposes other than accommodating necessary vehicular and pedestrian access arrangements.



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• DCP 9 – Non Residential Buildings Adjoining Residential Zones The DCP “… applies to all non residential developments adjoining residential zones in the City of Canterbury.” The adjoining sites to the south are zoned Residential hence the DCP applies to this site and to this development application. The ‘Building Height Plane’ is a plane projected over the site at a 45 degree angle, extending 1.8 metres above natural ground level at the boundary of any adjoining residential zone. The Building Plane defines the envelope or space within which a non residential building should be confined. The following section of the report provides an assessment of the development against the Building Height Plane, landscaping and overshadowing controls contained in DCP 9. Building Height Plane The development satisfies the Building Height Plane control having regard to the interface between the development site and the rear boundary of each of the residential allotments extending along the southern boundary fronting Coorabin Place. Landscaped Areas A comprehensive and detailed landscape plan accompanied the application. The landscape plan provided for extensive landscaping along the southern boundary of the site, between the building and the adjoining residents, consistent with the intent, objectives and provisions of the DCP. Overshadowing A detailed assessment of the extent of overshadowing is provided later in the report. In short, solar access is maintained to the adjoining residential sites to the south consistent with the provisions contained within DCP 37.

• DCP 20 – Car Parking Code The development compares to the provisions contained in DCP 20 as follows:


Car Parking A parking assessment with survey of similar facilities. As a guide 7.5 spaces per 100m2

140 spaces have been provided

Yes

Bicycle Parking

Staff – 1 space / 400m2

Visitors – 1 space / 200m2 8 for staff 16 for visitors

Yes

As demonstrated in the above table, the proposed development satisfies the numerical requirements of DCP 20.



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• DCP 29 – Crime Prevention through Environmental Design We are required to have regard to the provisions contained within DCP 29 ensuring that the design of the development promotes community safety and security whilst discouraging the incidence or introduction of anti-social behaviour. Having regard to the principles contained in DCP 29, namely natural surveillance, access control and ownership the following comments are offered. Natural Surveillance The design and layout of the centre provides for ideal surveillance of the main entrance with openings provided to the western and southern elevations of the building also assisting in providing surveillance of the grounds of the centre. Adjacent the main entrance to the centre the design avoids the creation of any secluded areas or any 'nooks and crannies' which could otherwise impede a patrons natural surveillance. Access Control Access to the facility is promoted along the northern elevation of the building. Openings have not been provided to the other elevations of the building such that it would allow for illegitimate access. Immediately adjacent the main entrance to the centre is the reception area ensuring staff are afforded good surveillance of the point of access. Ownership Sufficient opportunity exists to identify the premises, and thereby provide a degree of ownership, given the sites exposure to motorists and pedestrians using Belmore Road. Following a review of the application from a crime prevention perspective by our Community Safety Officer and a representative from the NSW Police Campsie Local Area Command, it was recommended that the applicant to address community safety concerns particularly in the following areas: - Lighting similar to category P1 of Australian Standard 1158.3.1:1999 for road

lighting of pedestrian areas should be installed in parking areas. This will increase surveillance of the car park.

- Signage on the premises needs to be located at the front of the building directing traffic to parking areas and the buildings entrance. This will prevent loitering and direct people where they need to go.

- The DA subcommittee is concerned about the footpath/cycle path on the south side of the building, as there is no natural or casual surveillance from the centre itself, people using this footpath will be accessing an isolated area of the site. It is recommended that this part of the site be altered so as to not encourage use. The current footpath as illustrated on the plans may encourage opportunities for crime and anti-social behaviour.

- We advise that the entrance to the building is monitored with security guards and CCTV cameras. We recommend that the main access points for this facility is the entrance on the north side of the building. Additional exits around the building need to be fitted with fire safety doors that open one way. This will enable effective monitoring of who is entering and leaving the site.



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- It is recommended that fire safety doors that open one way are placed on all stairwells throughout the building. This will reduce loitering and excuse making opportunities within the facility.

- It is the opinion of the DA subcommittee that all 'staff only' areas should be restricted to staff by security access with a swipe card or coded locks.

Where appropriate, the matters noted above have been included in the draft conditions of consent attached. Discussions have been held with Council’s Community Safety Officer regarding the concerns about the footpath/cycle path. It was concluded that there are no viable alternatives regarding the location of the footpath. It was therefore considered appropriate, that conditions of consent be attached to any consent granted requiring the redesign of the footpath so there are direct sight lines and that any associated landscaping of the footpath provides for low planting that does not provide visual obstruction to the sight lines of the footpath. On this basis, it is considered that the proposed development satisfies the crime prevention objectives of DCP 29.

• DCP 37 – Energy Smart Homes Policy While DCP 37 specifically refers to residential developments it is appropriate to apply the controls to this proposal. DCP 37 requires that a minimum of 2 hours of solar access is achieved between 9.00 a.m. and 3.00 p.m. (on June 21) to 50% of the ‘principal area of ground level private open space’ of any adjoining site. The DCP also requires that solar access (for a minimum of two hours) is achieved to ‘at least one living room window.’ Overshadowing diagrams accompanied the development application. Shadows cast at 9.00am on June 21 will extend into the rear yards of 152 Belmore Road and 12, 13, 13A, 14 and 15 Coorabin Place. By 12 noon and throughout the entire afternoon however no overshadowing into these rear yards will occur. The occupiers of these sites will therefore receive in excess of 2 hours of solar access to both their living room windows and their principal area of ground level private open space, during mid winter, as required by DCP 37.

• DCP 45 – Landscape A detailed Landscape Plan, prepared by Umbaco Landscape Architects Pty Ltd, accompanied the development application. The applicant is proposing, as part of this application, appropriate landscaping of the site which is likely to improve the quality of the existing and future landscaped environment. The proposed landscaping consists of drought-tolerant, largely native species which, in their mature form, will not compromise views to the facility from Belmore Road or within the site itself, to ensure continuity of surveillance. The plan is consistent with the aims, objectives and the provisions contained within DCP 45.

• DCP 48 - Waste Management Accompanying the application was a detailed Waste Management Control Plan. The Plan has had regard to the storage, treatment and disposal of waste generated during the construction phase in addition to providing details as to the intentions for managing waste relating to the on-going use of the facility once operational.



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The Plan identified designated areas along the northern boundary of the site to accommodate the storage of waste products during construction. The architectural drawings identify an outdoor waste storage area sufficient in size to accommodate waste generated once the premises are occupied. The Plan was found to have satisfied the aims, objectives and provisions contained within the DCP 48.

Other related Section 79C (1) matters

• Privacy The nearest residents are those to the south of the site occupying residential developments fronting Coorabin Place. The following comments are offered specifically in relation to the potential impact the development will have on their privacy. Whereas the existing pathway that currently extends through the site runs across the site and along the sites northern boundary, the plans provide for this cycleway / pedestrian path to extend along the sites southern boundary. Levels along this portion of the site have, in the most part, been maintained such that no overlooking from this pathway into the rear yards of these adjoining residential sites can occur. Privacy for these residents is also maintained by way of the applicant providing extensive landscaping (of variable depth) along this common boundary. Openings provided off the southern elevation of the centre are limited and are basically confined to a number of emergency exit doors and windows off the crèche and multi-purpose room. The orientation of these windows, the distance the windows are set off the southern boundary (being in excess of 10 metres) and the fact that views from these windows do not allow for overlooking of the adjoining sites ensures the retention of the adjoining owners privacy.

• Traffic Generation The Canterbury Traffic Committee were of the opinion that the estimated increase in vehicle movements caused by the development will not have a detrimental impact on the current operation and level of service of Belmore Road or the surrounding road network. Belmore Road has sufficient capacity to accommodate the additional traffic generated by the proposed development. Access arrangements have been discussed in a previous section of this report and these proposed arrangements are supported by the Traffic Committee.

• Acoustic Amenity An acoustic assessment report, prepared by Koikas Acoustics Pty Ltd, accompanied the development application. As is our normal practice, this report was the subject of a peer review by our consultant, The Acoustical Group who provided advice on the adequacy of the report and measures proposed to minimise noise impacts generated by the operation of the proposed facility. Our consultant has advised that the report adequately addresses the acoustical aspects of the proposed development, subject to a variety of conditions which are included in the recommendation below. On this basis, we are satisfied that the proposed facility can be operated without significant noise impacts on adjoining development in the locality.



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Disability Access Committee

The Disability Access Committee has provided their comments in relation to the development. The Committee raised no objection to the development proceeding subject to the imposition of a number of conditions of consent.

Notification

The adjoining and adjacent property owners were advised of the proposed development and invited to provide comment in accordance with the provisions of our Notification Policy - DCP 32. No submissions were received. Independent Hearing and Assessment Panel report

The Independent Hearing and Assessment Panel considered the application on 28 April 2008, and their report is provided below.

“IHAP Recommendation THAT Development Application DA-509/2007 be DEFERRED until the further

details and changes referred to in the Panel assessment report for this item be

incorporated into the development application, supporting plans and any

recommended conditions of consent.

Vote: 5-0 in favour

Site Visit An inspection of the site was undertaken by the Panel and staff members prior to

the public hearing.

Panel Assessment The Panel is of the view that this matter be deferred until the further details and

changes referred to below be incorporated into the Development Application and

supporting plans and any recommended conditions of consent.

• Egress from the site being suitably designed to facilitate a left hand turn

only.

• The existing landscaping plan be amended to incorporate the proposed

changes with respect to egress, to locate on the amended plan all existing

trees and to make provision, where practicable, for the retention of all such

trees and their being marked on the Council amended plan.

• The existing landscape plan for waste disposal be retained in substitution

for a skip bin facility shown on the Council plan.

• The landscaping plan be amended to show all external lighting for safety

and security purposes and for lighting car park areas and pedestrian and

vehicular access.

• All roof projections should be fully integrated with the overall design of the

roof.

• Signage be made the subject of a separate development application to

Council.

• The building incorporate full environmentally sustainable design including,

but not limited to:



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(a) the capture and reuse of roof water;

(b) maximising natural heating and lighting;

(c) preferential use of energy efficient lighting and appliances;

(d) separation of waste so as to maximise recycling, re-use and

composting opportunities;

(e) selection of building materials with low environmental impacts; and

(f) nominating the target efficiency of the building under an accredited

building rating scheme and designing the building so as to comply

with these requirements.

As a further matter with respect to proposed condition No. 53 that the wording be

altered to allow for the provision of taller canopy trees as well as planting less

than 1 metre in height at maturity in order to increase passive surveillance.

The matter be returned to IHAP for its reconsideration.”

Supplementary Information

Following the above resolution, the applicant has since forwarded amended plans and additional information for consideration of the Independent Hearing and Assessment Panel. The additional information includes a revised egress driveway arrangement to ensure that vehicles leaving the site may only turn left into Belmore Road and a revised waste storage facility. These arrangements are consistent on the architectural and landscape plans. In addition to the amended drawings, the applicant has provided a written statement addressing each of the IHAP’s previous concerns as quoted below. Response to IHAP Request for Information

“Egress We confirm that egress from the site has been designed by our Engineers in

consideration of the requirements of the City of Canterbury Council and the RTA

to facilitate a left hand turn only. Traffic safety and ease of manoeuvrability has

been incorporated into the design layout.

Landscape Works

Landscape plans have been prepared by our Landscape Architect to include

changes to egress and we have updated plans to show location of all existing trees

to be removed in order to carry out the redevelopment works.

The landscape plan for waste disposal has been used instead of a previously

considered proposed skip bin facility. This arrangement will also facilitate

separation of waste as required to maximise the opportunities for recycled

materials. It is however not expected that large volumes of solid products or food

wastes will be generated by the new facility.

The external lighting design will be clearly shown and detailed on the engineering

drawings and will indicate lighting levels for safety and security to car parks,

pedestrian and vehicular access. These proposals will in turn be coordinated with

the landscape scheme, in order to ensure clear visibility.



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Roof The roof is designed as an integrated structure throughout, with rainwater

harvesting from all roofs designed as a single integrated system.

Signage All signage associated with the Riverwood Indoor Recreation Centre will be the

subject of a separate development application to Council.

Environmentally Sustainable Design The applicable accredited building rating scheme to this project is Section J –

Energy Efficiency of the Building Code of Australia. No other rating scheme exists

for a building of this type.

BCA - Section J The BCA 2006 requirements for Energy Efficiency for construction in class 5-9

buildings relate to the ‘conditioned spaces’ in the subject building only. The main

Sports Hall will be provided with natural ventilation only and therefore will not be

the subject of the section J requirements. The extent of the building ‘envelope’ of

the conditioned space is as follows:

The building will fall within climate zone 5 under the BCA. The following are key

issues of note at this development application and design development stage, other

matters of detail will be provided at the Construction Certificate stage:

1. A metal clad and framed roof is proposed, there is no suspended ceiling,

therefore a material of R0.2 is to be provided between the roof sheeting and

supporting purlins/battens.

2. The ‘Total R Value’ of the roof will be R3.2 with the direction of heat flow

being upward, in accordance with BCA Specification J1.3.

3. There are no rooflights to the conditioned space requiring separate or

additional treatment in accordance with the BCA.

4. The ‘Total R Value’ of the external walls will be minimum R1.8. The wall

between the conditioned space and the Sports Hall is deemed to be the

‘external wall’ and will also achieve this R value. BCA Specification J1.5,

Total R value typical wall systems, is a guideline to compliance in relation

to wall insulation.

5. The external glazing of the conditioned envelope will be determined under

Glazing Method 2 of the BCA, and will be in compliance with the glazing

requirements as part of the Construction Certificate documentation.

Compliance is likely to be achieved with energy efficient glazing – i.e.

simple ‘low e’ glass or full double glazing if necessary. Illumination of the

Sports Hall during daylight hours will be natural illumination through

continuous, polycarbonate strip lighting in the roof, assisted with artificial

illumination when required.

6. All windows will comply with AS2047 (construction of windows) and AS

1288 (type and thickness of glass).

7. All external doors and doors between the conditioned space and the Sports

Hall will be provided with draught seals.

8. The entry doors are automatic, self-closing, with seals.

9. Any miscellaneous exhaust fans will be provided with self closing dampers.



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10. All air conditioning and ventilation systems will comply with Part J5 of the

BCA. The relevant service consultants will be responsible for certifying

compliance of service systems for Construction Certificate.

11. All artificial lighting and power systems will comply with Part J6 of the

BCA. Lighting and power systems will also be certified by the relevant

consultant.

12. Access will be afforded to all plant for maintenance purposes.

The BCA allows for consultants to undertake modelling of the energy consumption

of the building to determine compliance under the nominated ‘Verification

Methods’ under Section J of the BCA.

Energy Use

Mechanical Services

The following energy efficiency measures will be incorporated into the mechanical

services design:

- The Health Club and Group Fitness Room will be air conditioned via a

100% outdoor air heat reclaim air conditioning unit. This type of system

achieves high levels of indoor air quality, which is desirable in areas of

high activity, and recovers heat from the relief air from the space to

precondition outdoor air, reducing operating costs and CO2 emissions.

- Monitoring of CO2 levels within air conditioning zones not served by the

heat recovery units shall be installed to minimise outdoor air loads and the

total building’s energy consumption.

- ‘Mixed-mode’ air conditioning of Foyer.

- Sports courts to include operable louvres at low level and roof ventilators

to provide natural ventilation and air movement. Louvres and ventilators

will be capable of being shut off during winter.

- Individual timeclock control of each air conditioned zone.

- Refrigeration specified as having a zero Ozone Depletion Potential (ODP).

- Mechanical services to be in compliance with Part J5 of the BCA.

Electrical Services

The electrical services design will include the following ESD initiatives:

- Motion sensors controlling lighting within amenities areas

- Utilisation of energy efficient T5 lamps complete with dimmable electronic

ballasts

- External lighting to be time switched/PE cell controlled

- Total illumination power load associated with lighting shall be in

compliance with Part J6 of the BCA.



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Roof Water

Statement of Stormwater-related Items for Environmentally Sustainable Design

The hydraulic services design incorporates the capture and reuse of all roof water.

This incorporates a 150m3 rainwater storage tank in the subfloor space under the

main floor level of the building, with first flush diverters to capture pollutants,

pumps to convey stored water and an overflow chamber draining to a 190m3

stormwater detention tank under the front landscaped area. The estimated total

captured roof area is 3,648m2. Anticipated demand for non-potable water usage

includes toilet flushing and garden irrigation by hose taps. A BASIX (Building

Sustainability Index) assessment is not applicable to this non-residential

development and that the usual New South Wales Government efficiency target of

40% reduction in water consumption does not apply, as calculated by the available

web-based calculation tool.

Re-Cycling, Re-Use and Composting Of Waste The garbage collection system consisting of designated storage bins will

specifically allow the separation of waste into recyclable components, containers,

paper, glass etc. The centre will not produce the waste for composting internally,

however, landscape products such as grass clippings and prunings can be re-used

for mulch purposes on site or absorbed into Council’s green-waste management

system which in turn is used for sustaining landscapes under minimal and efficient

water use regimes.” Planning Comments – Additional Information

Further to the above submission, and in accordance with the previous recommendations of the IHAP, Condition No. 4 has been amended to reflect the amended drawings, new Condition No. 6 is included requiring all signage associated with the development will be the subject of a separate development application, and a new Condition No. 54 which contains additional text to include the provision of taller canopy trees in addition to planting less than 1 metre in height in order to increase passive surveillance of the footpath/cycle path on the southern side of the proposed building. Conclusion

The development application has been assessed pursuant to the provisions of Section 79C(1) of the Environmental Planning and Assessment Act 1979 and all relevant development control plans, codes and policies and the development application is recommended for approval subject to conditions.

RECOMMENDATION:

THAT Development Application DA-509/2007 be APPROVED subject to the following conditions: PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

1. The following must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate: 1.1. Details of:

• Structural Engineering Plan

• Building Specifications

• Proposed Fire Safety Schedule



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• Landscape Plan

• Hydraulic Plan

• Sydney Water Notice of Requirements

• Soil and Waste Management Plan

• Mechanical ventilation 1.2. Payment of the Long Service Leave Levy to the Long Service Leave

Corporation or to Council. 1.3. Payment to Council of: Kerb and Gutter Damage Deposit $2,072.00 Certificate Registration Fee $30.00 Long Service Levy $24,500.00 1.4. If you appoint Council as your Principal Certifying Authority, the following

fees are payable: Construction Certificate Application Fee $10,690.00 Inspection Fee $2827.00 Occupation Certificate Fee $907.00 Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986. Note 2: If you appoint a Principal Certifying Authority other than Council, the fees shown in the fee quote attachment do not apply, however other fees will apply. Note 3: When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you. Note 4: Section 94 contribution payments are payable by cash, bank cheque, or EFTPOS. Note 5: All fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.

BEFORE COMMENCING THE DEVELOPMENT

2. Before the erection of any building in accordance with this Development Consent; 2.1. detailed plans and specifications of the building must be endorsed with a

Construction Certificate by the Council or an Accredited Certifier, and 2.2. you must appoint a Principal Certifying Authority (either Canterbury City

Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and

2.3. you must give the Council at least 2 days notice of your intention to commence erection of the building (see Attachment – Notice of Commencement copy).

SITE SIGNAGE

3. A sign shall be erected at all times on your building site in a prominent position stating the following: 3.1. The name, address and telephone number(s) of the principal certifying

authority for the work, and 3.2. The name of the person in charge of the work site and a telephone number at

which that person may be contacted during and outside working hours, and 3.3. That unauthorised entry to the work site is prohibited.

GENERAL

4. The development being carried out in accordance with the plans, specifications and details set out in the table below except where amended by the conditions specified in this Notice:



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Plan Number Dated Prepared by Received by

Council on

Job No 0701, Drawing No. DA01, Version C

21/05/08 Wayne McPhee & Associates Pty Ltd 21/05/08

Job No 0701, DA02 Version C


Job No 0701, Drawing No. DA03, Version B


Job No 0701 , DA04 Version B


Job No 0701 , DA05 Version A


Job No 0701, Drawing No. DA06, Version A


Job No 0701 , DA07 Version A


Waste Management Plan


Schedule of Colours & Materials


5. Landscaping of the site being carried out in accordance with the approved landscape plan drawn by Umbaco, Job No. 0735/L01, Issue G, received by Council on 21 May 2008 and with AUS_SPEC #1 Specification C273- Landscaping, except where amended by Condition 54 below requiring planting along the footpath/cycle path to comply with Crime Prevention through Environmental Design principles. The landscaping is to be maintained at all times to Council’s satisfaction.

6. All proposed signage associated with the proposed development shall be the subject of a separate development application for further assessment.

7. All materials must be stored wholly within the property boundaries and must not be placed on the footway or roadway.

8. All building operations for the erection or alteration of new buildings must be restricted to the hours of 7.00a.m.-5.00p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.

9. The Development Consent hereby granted will automatically lapse and become void two years after the consent date pursuant to Section 95(2) of the Act unless the development has physically commenced within that time.

10. Council’s warning sign for Soil and Water Management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.

11. All building construction work must comply with the Building Code of Australia. 12. One hundred and forty (140) off-street parking spaces being provided in

accordance with the submitted plans to the satisfaction of the Principal Certifying Authority. Of this requirement, five accessible car spaces shall be provided for disabled persons. All spaces to be sealed, linemarked and made freely available at all times during business hours for staff and customers.

13. All activity being conducted so that it causes no interference to the existing and future amenity of the adjoining occupations and the neighbourhood in general by the emission of noise, smoke, dust, fumes, grit, vibration, smell, vapour, steam, soot, ash, waste water, waste products, oil, electrical interference or otherwise.



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14. No internal or external public address system being installed that would impact on the amenity of adjoining residences.

15. Any security lighting to be installed not to affect the amenity of the adjoining residences.

16. The hours of operation being confined to between 6.00am and 9.00pm Mondays to Fridays and 7.00am to 8.00pm Saturdays and Sundays.

17. The Management shall ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. The Management shall be responsible for the control of noise and litter generated by patrons of the premises and shall ensure that patrons leave the vicinity of the premises in an orderly manner to the satisfaction of Council.

18. A preliminary site contamination investigation shall be carried out in accordance with the requirements of the relevant NSW EPA Guidelines and sent to Council. Subject to the investigation findings, satisfactory remediation, validation and issuing of a Site Audit Statement may be necessary, in accordance with Council’s Contaminated Land Policy.

ENGINEERING

19. That the stormwater system be constructed in accordance with the layout and configuration shown on the plan set out in the table below and as amended by the conditions of consent. Plan Number Dated Prepared by Received by

Council on

Project No. 2007-0310 Drawing No. HDA01/P3 HDA02/P3, HDA03/P3 and HDA04/P3

20/05/08 Whipps-Wood Consulting

21/05/08

20. Prior to the issue of a construction certificate, detailed stormwater plans are to be submitted to the Director City Planning for approval. The plans are to include the following information:

• Detailed specifications for all pipes and;

• Proposed invert and grate levels of all surface inlet pits, grated drains and kerb inlet pits.

• Proposed dimensions and details of all surface inlet pits, grated drains and kerb inlet pits.

• Details of the proposed dimensions and levels of the detention storage tank, high early discharge pit and gross pollutant traps.

• Details of the proposed volume, dimensions and levels of the rainwater tank and first flush devices.

• Either the invert level of the orifice being above level of the top of grate of the proposed kerb inlet pit to be constructed in Belmore Road at the point of connection, or, the new pipe system connecting the site discharge to the existing system in Belmore Road downstream of the site is to be designed to avoid submerged outlet affects when the existing pipe system in the road is running full of water.

21. The detention storage volume is to be in accordance with the following :

• For high early discharge not to less than 190 cubic metres.

• For below ground storage not less than 350 cubic metres.

• No further reduction due to the rainwater tank volumes is available.



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22. A Works-as-Executed plan must be submitted at the completion of the work to the

Principal Certifying Authority (PCA) and Canterbury City Council, if Council is not the PCA, indicating all the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. The plan shall record all the relevant design levels and dimensions of the OSD system. Certification from an accredited engineer must be provided to certify that all work has been carried out in accordance with the approved plans and relevant codes and standards. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.

23. That the driveway and site ingress and egresses be constructed in accordance with the approved plan noted by Condition No. 4 above. This work to be carried out by Council or an approved contractor, at the applicant’s cost in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”. The northern vehicular entry to the site construction is to be carried out in accordance with appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.

24. The applicant to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development. Any such work being carried out at the applicant’s cost.

25. The applicant shall consult Energy Australia to determine the need for an electricity substation prior to the submission of a Construction Certificate and, if a site is required, it being situated with the size, location and area being in accordance with the requirements of Council and Energy Australia. Documentary evidence of Energy Australia’s requirements and the compliance with these requirements is to be submitted.

26. The levels of the street alignment are to be obtained by payment of the appropriate fee to Council. These levels are to be incorporated into the designs of the internal pavements, car parking areas, landscaping and stormwater drainage. Evidence must be provided that these levels have been adopted in the design. As a site inspection and survey by Council is required to obtain the necessary information, payment is required at least 14 days prior to the levels being required.

27. A qualified practicing Civil Engineer shall design the pavements and certify that all driveways, parking and service areas have been constructed in accordance with the approved specifications. Design to be carried out in accordance with AUS-SPEC #1 Specification D2-Pavement Design. Construction is to be carried out in accordance with appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.

28. Proposed grades and longitudinal sections of the vehicular entry and exit from the site shall be submitted with the Construction Certificate. The driveway widths and grades shall be in accordance with Australian Standards AS 2890.1 – 2004 “Off-street Parking Part 1 – Carparking Facilities” and AS 2890.2-2002 “Off-street commercial vehicle facilities” and with Council document “Guidelines for Design of Vehicular Crossings”.



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The driveway longitudinal section must be drawn at a scale of 1:25 (both vertical and horizontal) and indicate the appropriate transitions, grades, lengths and height clearances above the driveway. The existing street levels are to be included in the design of the driveway.

29. The filled area shall be compacted, stabilised and grassed. The work is to be carried out in accordance with AUS-SPEC #1 Specifications C213-Earthworks and C273-Landscaping.

30. The reconstruction of the kerb and gutter along areas of the site fronting Belmore Road is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

31. The adjustment and/or reconstruction of the road shoulder along areas of the site fronting Belmore Road is required. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with AUS-SPEC #1 Specification C242-Flexible Pavements and C245-Asphaltic Concrete.

32. The construction of concrete footpath paving and associated works along all areas of the site fronting Belmore Road is required. Work being carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.

33. The nature strip outside the property shall be repaired as necessary. Work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with AUS-SPEC #1 Specification C273-Landscaping.

ENVIRONMENTAL HEALTH

34. Details with the Construction Certificate Application plans including the following items: (a) mechanical ventilation systems (to AS 1668 and Food Premises Code) (b) structural alterations, sections/elevations/interior layout/lighting (c) location/method of installing fittings (d) wall, ceiling and floor finishes, including location of floor waste (e) staff clothing/personal effects storage (f) adequate food storage and trade waste areas (g) hand wash basin (in food preparation area).

35. A copy of the Permission to Discharge Trade Wastewater must be obtained from Sydney Water and a copy provided to the Principal Certifying Authority with the application for the Construction Certificate. The Wastewater Source Control office is on Level 2, 432 Victoria Avenue, Chatswood 2067, telephone 131110. A Trade Waste Agreement must be obtained from Sydney Water prior to the discharge of trade wastewater to the sewer system. Trade wastewater is defined as ‘discharge water containing any substance produced through industrial or commercial activities or operation on the premises’.

36. The premises are to be constructed and fitted out strictly in accordance with by the Australian New Zealand Food Standards Code, Council’s Code for Construction of Food Premises and the conditions of any Council consent.



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ACOUSTIC REQUIREMENTS

37. The premises being operated strictly in accordance with the Noise Assessment Report prepared by Koikas Acoustics Pty Ltd titled ‘Noise Assessment – Proposed Riverwood Indoor Recreation Centre’ with Reference No. R011007nk1548.wpd dated 10 October 2007. The supplementary letter provided by Koikas Acoustics Pty Ltd with Reference No. A301007nk1548.wpd dated 31 October 2007 forms an addendum to the above report.

38. The use of the car parking area of the premises before 7.00am being restricted to the northern side of the indoor recreation centre complex.

39. The proposed use of the premises and operation of all plant and equipment must not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act, 1997. In this regard, prior to the issue of a Construction Certificate, the applicant must submit to Council or the accredited certifier, a report from a qualified practicing acoustical engineer (who is a member of either the Australian Acoustical Society or the Association of Australian Acoustical Consultants) which provides: (i) Include the measurements and calculations; (ii) Certify that the method of treating all mechanical equipment will ensure that

the noise level, as measured at the most or potentially most affected noise sensitive locations, will not exceed the recommended acceptable project specific noise levels, detailed in the NSW Department of Environment and Climate Change ‘EPA Industrial Noise Policy’.

If the mechanical equipment is to be operated between 10.00pm and 7.00am on weekdays and/or 10.00pm to 8.00am on weekends and Public Holidays, the report must also certify that when operated it will be inaudible from within a habitable room of another residential premises (regardless of whether any door or window is open). After completion of the works, prior to the issue of an Occupation Certificate, the developer must submit to Council or the accredited certifier a report from a qualified practicing acoustical engineer (who is a member of either the Australian Acoustical Society or the Association of Australian Acoustical Consultants) verifying that the works as installed meet the above design conditions.

40. Signs being appropriately located within the premises advising patrons of the proximity of nearby residences and seeking quite and orderly entry and departure from the premises. The proprietors must ensure that staff give appropriate directions to, and take reasonable steps to, control noisy or offensive behaviour of patrons entering and leaving the premises.

41. Adequate lighting complying with Australian Standard AS1158.1:1999 being provided and maintained with the car parking area of the site.

DISABILITY ACCESS REQUIREMENTS

42. A clear and uninterrupted path of travel shall be maintained within the building to ensure that a person who uses a wheelchair can access all public areas, including the main entrance. Any step, lip or significant level change at this point should be addressed by provision of a ramp that complies with AS 1428.1 for width and gradient.

43. The reception desk in the foyer shall be provided at a height that is accessible to a person who uses a wheelchair. The height of the reception desk shall be no greater than 870mm in accordance with Clause 24.1 of AS 1428.1

44. An audio-induction hearing loop shall be installed within the foyer of the building to facilitate communication by a person with a hearing impairment.



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45. The doorway to the main entry to the premises and all doorways accessing public areas in the centre shall be provided with a clear opening width of a minimum of 850mm to accommodate a person who uses wheelchair.

46. To assist persons who have a vision impairment, tactile ground surface indicators should be applied at all applicable places where directional decisions have to be made in accordance with AS1428.4.

47. Accessible toilet facilities shall be provided which comply with the requirements of Clause 10 of AS1428.1.

48. Provision shall be made within the change room areas of the facility for one accessible shower which complies with Clause 10.5.1 of AS 1428.1

49. Signage used shall be clear and easy to understand with sufficient contrast and illumination to assist a person with vision impairment. Braille signage should be applied to toilet doors and main entry doors of internal facilities provided at a height in accordance with Clause 14 of AS 1428.1.

CRIME PREVENTION MEASURES

50. Signage on the premises needs to be located at the front of the building directing traffic to parking areas and the buildings entrance. This will prevent loitering and direct people where they need to go.

51. Fire safety doors shall be provided on all stairwells throughout the building to reduce loitering opportunities within the facility.

52. 'Staff only' areas within the building shall be restricted to staff who security access with a swipe card or coded locks.

53. The main access points for this facility are the entrance on the northern side of the building. Additional exists around the building need to be fitted with fire safety doors to enable effective monitoring of who is entering and leaving the site. Details shall be provided on the plans forwarded with the application for the Construction Certificate.

54. In order to discourage opportunities for crime and anti-social behaviour and improve natural and casual surveillance from the centre itself, the design of footpath/cycle path on the southern side of the building shall be redesigned so that there are direct sight lines along the footpath/cycle path. Any associated landscaping of the footpath/cycle path is to provide for a mix of low planting of less than 1metre in height and taller canopy trees that do not provide visual obstruction to the sight lines of the footpath/cycle path. The redesign of the footpath/cycle path is to be in accordance with Crime Prevention through Environmental Design principles. The applicant shall liaise with Council’s Community Safety Officer and details are to be provided with the application for the Construction Certificate and approved prior to the release of the Construction Certificate.

SYDNEY WATER REQUIREMENTS

55. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.



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The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision. A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

CRITICAL INSPECTIONS

56. Class 5, 6, 7, 8 or 9 Buildings 56.1. at the commencement of the building work, and 56.2. prior to covering any stormwater drainage connections, and 56.3. after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. 57. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a

development consent, if not carrying out the work as an owner-builder, must

notify the principal contractor for the building work of any critical stage

inspections and other inspections that are to be carried out in respect of the

building work, as nominated in this development consent. To arrange an inspection by Council please phone 9789-9300 during normal office

hours. COMPLETION OF DEVELOPMENT

58. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal Certifying Authority before partial/entire occupation of the development.


Australia. 60. Where Council is appointed as the Principal Certifying Authority, you will be

required to submit Compliance Certificates in respect of the following:

• Structural engineering work

• Air handling systems

• Protection from termites

• Fire Safety Measures 61. Your attention is directed to the following construction requirements of the

Building Code of Australia: 61.1. Compliance with Section 2.13 of the Building Code of Australia. 61.2. Structural Engineer’s details being approved by the Principal Certifying

Authority for all concrete footings, slabs, retaining walls and structural steel prior to building work reaching each respective stage. The details must be prepared by a suitably qualified (eg. Bachelor of Engineering) practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attached).

61.3. Glazing materials shall be selected and installed in accordance with the relevant provisions of BCA Section B1.4 Clause B1.3 and Australian Standard 1288 and 2047.

61.4. The building shall be constructed in Type B construction under BCA Specification C1.1, inclusive of fire resistance levels required for walls, beams, columns, floors, roofs and lintels or the like.

61.5. Exit doorways/doors and thresholds complying with BCA Clauses D2.19 and D2.15 respectively.



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61.6. Exit doors in a required exit, forming part of a required exit or in the path of travel to a required exit must be readily openable:

(a) without a key to a person seeking egress, and (b) by a single hand downward action or pushing action on a single device,

and (c) located between 900mm and 1200mm from the floor,

to BCA Clause D2.21. 61.7. Access and toilet facilities for disabled people being provided in accordance

with BCA Part D3 and Part F2.4, designed to AS 1428.1. 61.8. Waterproofing of wet areas to BCA Clause F1.7 and Australian Standard

3740. 61.9. The building being either naturally ventilated in accordance with BCA

Clause F4.5 or mechanically ventilated or air-conditioned in accordance with Clause F4.6. Details and specifications being submitted to the Principal Certifying Authority with the application for a Construction Certificate. This item is an essential fire or other safety measure if serving a life safety function.

62. Any works to be carried out by Council at the applicant’s cost need to be applied for in advance.

63. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.

64. In granting this approval, we have considered the statutory requirements, design, materials and architectural features of the building. No variation to the approved design and external appearance of the building (including colour of materials) will be permitted without our approval.

65. Compliance with the Building Code of Australia does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199.


67. If you are not satisfied with this determination, you may: 67.1. Apply for a review of a determination under Section 82A of the


67.2. Appeal to the Land and Environment Court within 12 months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979.

(Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.)

If you should require any further information, please do not hesitate to contact Stephen Pratt in City Planning on 9789 9350.

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