25 May 2010

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

6.00PM, WEDNESDAY, 2 JUNE 2010

COMMITTEE MEMBERS:

Tina Spiegel (Chair)Stuart McDonaldJocelyn JacksonWarwick Baird

QUORUM: Three Panel members.

Tony ReedGENERAL MANAGER

Waverley CouncilPO Box 9, Bondi Junction, NSW 1355 DX 12006 Bondi Junction.

Telephone: 9369 8000 Fax: 9387 1820 TTY: 9389 9827 (For hearing impaired)Website: www.waverley.nsw.gov.au

Independent Hearing & Assessment Panel Meeting – Wednesday, 2 June 2010 2

AGENDA

IHAP-1006.AApologies

IHAP-1006.DIDeclarations of Interest

MATTERS TO BE SUBMITTED TO THE DEVELOPMENT CONTROLCOMMITTEE WITH A RECOMMENDATION FROM THE PANEL

IHAP-1006.1 PAGE 3253-255 Oxford Street, Bondi Junction – 14 storey office building (DA 334/2009)

Report dated 19 May 2010 from the Development and Building Unit.

DBU Recommendation: That the application be approved in accordance with the conditions contained in this report.

IHAP-1006.2 PAGE 644 Wonderland Avenue, Tamarama – Demolition of existing dwelling and construction of a dwelling with associated double garage and pool (DA 689/2009)

Report dated 20 May 2010 from the Development and Building Unit.

DBU Recommendation: That the application be granted deferred commencement consentin accordance with the conditions contained in this report.

253 – 255 Oxford Street Bondi Junction – 14 storey office building (DA 334/2009) Report dated 19 May 2010 from the Development and Building Unit. Recommendation: That the application be approved subject to conditions. Referred to IHAP / DCC given the number of submissions received.

Development Assessment Report Development Application No. 334/2009 Address 253 – 255 Oxford Street Bondi Junction

(Lot 1 DP 795731 & Lot 3 DP 4271) Lodgement Date 29 June 2009 Proposal

Demolition of two existing buildings and construction of a 14 storey office and retail building with basement parking.

Zoning and relevant controls Zoning - Business General 3(a2) - Wollahra and Waverley Joint LEP 1991 and B4 Mixed Use - Bondi Junction Centre LEP 2010 was gazetted Friday 7 May 2008

Owner / Applicant NCN Investments Building Classification

Class 5 (commercial), Class 6 (retail) and Class 7 (basement car parking)

Submissions Eighteen (18) submissions Issues Conflict old and new planning controls.

Floor Space Ratio, Height, Car parking, Views, Shadows and Road Works.

Recommendation Approval Site Map

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1. PREAMBLE

1.1 The Site and its Locality The site is located on the southern side of Oxford Street between Bondi Road and Adelaide Street/Hollywood Avenue. The site is within the Bondi Junction Centre on its north east edge. There are two buildings on the site; a three storey building on 255 Oxford Street and nine storey building on 253 Oxford Street. Both building comprise ground floor retail and commercial office (mainly medical suites) in the upper levels. The site has a primary frontage to Oxford Street of 28m and a secondary rear frontage of 24m to Pine Lane. The site has an area of 1171sqm. A number of high density residential, retail and commercial uses surround the site. Approximately 250 metres to the west of the site is the Bondi Junction bus and rail interchange.

1.2 Background The recent development history of the site includes the following applications. BA 370/1994 – Alterations and additions for office fitout. BA 463/1994 – Construction of entrance hallway. DA 375/1997 – Construction 9 storey development at 255 Oxford Street (withdrawn) DA 195/2006 – Change of use, convenience store/internet shop. Apart from the above there is no recent development history applicable to the subject site.

1.3 Proposal Description This application proposes demolition of all existing structures on the site and the erection of a 14 storey commercial/retail building with basement parking for 69 cars. The proposal consists of: • Basement level 2 – 24 car parking spaces (4 disabled), bicycle parking, lifts, stairs,

plant. • Basement level 1 – 21 car parking spaces (3 disabled), motorbike parking, lifts, stairs

plant. • Ground floor – Retail area, lift lobby (Oxford Street), 12 car parking spaces, bicycle

parking, security, amenities, fire stairs. Mezzanine – Amenities ar• ea, lift lobby, 12 car parking spaces, motorbike parking,

• dock facilities, irs.

5851 square metres of

re DA discussions to allow lane widening and this has been incorporated into the roposal.

bicycle parking, fire stairs. Level 1 – Commercial offices, vehicular access to Pine Lane, loadinglifts, amenities, switch room, bin storage areas, substation, fire sta

• Level 2 -13 – commercial offices, lift lobby, amenities, fire stairs.

he proposal includes 225 square metres of retail space and Tcommercial office. The proposed building will have a height of 55m. The rear of the building faces Pine Lane (a service lane). Council proposed a 3m dedication

f land in Pop

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2. Assessment

ent application nder Section 79C of the Environmental Planning and Assessment Act 1979.

ey Issues – Floor Space and New LEP

particular, the BJLEP 2010 rovides for a floor space ratio of 6:1 and height control of 60m.

y oollahra Joint Local Environmental Plan 1991 (WWLEP) at lodgement of the application.

oor space ratio of 6.6:1 in accordance with the quirements/definitions of the WWLEP.

ace of the wall i.e. the actual floor space xcluding external building structure.

his scheme addresses the new floor space control for the site of 6:1 under BJLEP 2010.

EPP 1) – Development Standards seeking a variation to the old floor space ratio control.

.1 Section 79C(1)(a) Planning Instruments.

2.1.1 tate Environmental Planning Policies

tate Environmental Planning Policy (Infrastructure) 2007

ith ground penetrations greater than 2 metres to be ferred to the Rail Authority for review.

ndicating those sites affected by the Rail corridor in rms of the requirements of the policy.

theless, a condition requiring notification / consultation with RailCorp is commended.

The following matters are to be considered in the assessment of this developmu K Bondi Junction Centre LEP 2010 (BJLEP 2010) was gazetted 7 May 2008. This LEP provided for saving provisions, so the controls for the assessment of this application are still those at time of lodgement. Nevertheless, the adoption of this LEP has resolved uncertainty regarding future development expectations for this site. In p The subject site was located in the Business General 3(a2) zone under the WaverleW The proposal will have a gross floor area of 7026 square metres and a floor space ratio of 6.0:1 in accordance with the requirements/definitions of the BJLEP 2010 and a gross floor area of 7732 square metres and a flre The variation in the floor space ratio arises out of a change in the definition of gross floor space area between the old and new control. The old control measured gross floor space from the outer face of the building’s wall i.e. the external façade. Whereas, the new control measures gross floor space from the inside fe T Nevertheless, as the relevant control for the assessment of this application is the control at time of lodgement, the applicant has lodged a State Environmental Planning Policy No 1(S

2

S S Clause 86 of the Infrastructure Policy requires Development Applications for development within 25 metres of the Rail corridor and wre The State Policy also provides a map ite The subject site/s just outside of the designated corridor area and does not require referral to RailCorp. Neverre

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State Environmental Planning Policy No 1 - Floor Space Ratio (FSR) The applicant has submitted an objection, pursuant to SEPP 1 to the 3:1 floor space ratio control for the site under Clause 14 of WWJLEP. The definitions for ‘Floor Space Ratio’ and ‘Gross Floor Area’ are in accordance with the adoption by the current WWJLEP of the Environmental Planning and Assessment Model Provisions 1980. In accordance with the current WWJLEP the total development has been assessed with a floor area of 7732 square metres, a total floor space ratio of 6.6:1 to site area. This was assessed in accordance with the previous definition for calculation of gross floor area. This definition was calculated to the external face of the external wall. The new definition for calculation of gross floor area is now calculated to the internal face of the external wall. Using this definition the gross floor area of the site is 7026 square metres and results in a floor space ratio of 6:1 under the BJLEP 2010. The proposal complies with this control. In terms of the WWJLEP the applicant seeks a variation (increase) of 3.6:1 to the existing total FSR of 3:1, currently applicable to the site. Of importance, the BJLEP 2010 proposes a floor space ratio of 6:1 within the B4 Mixed Use zone. The proposed height for the building is 55 metres; the current height control in accordance with the Waverley Development Control Plan 2006 – F1 Bondi Junction Commercial Centre, whereas the BJLEP has an overall height requirement of 60 metres. The proposed height complies with the relevant control and is lower than the current BJLEP height control. The proposed building is consistent with surrounding high-rise development. The site is also located in the north-eastern projection of the main commercial centre that follows the main ridge line of the Bondi Junction locality. This area has a historic pattern of taller and bulkier buildings, massed on the ridge line. The current new zoning and height controls reinforce this pattern. Taller and bulkier buildings are existing and are proposed to be massed on or around the Oxford Street ridge line. The subject site is also currently under-developed in terms of neighbouring buildings and in respect to the new controls for the site. The site presents as the ‘missing tooth’ in its Oxford Street streetscape. The height of the building is satisfactory in terms of its presentation to the Bondi Junction streetscape, the scale of adjoining buildings and in general urban design terms. The subject building is considered to be skillfully designed and it provides for a high-quality addition to its streetscape. The building has also been designed with various energy efficiencies initiatives and is considered to be able to address the ESD controls in the DLEP. In a broader strategic sense, the building provides for high-quality commercial floor space and addresses the objectives of promoting the commercial amenity of Bondi Junction. The site is also well located in terms of the Bus Rail Interchange. The substantial impacts of the building relate to solar access and view loss to the residential towers to the south of the site, in particular units within the ‘Oscar’ towers located behind the site on the corner of Hollywood Avenue and Waverley Street. Many of these units above level 7 of this building have good views and solar access over the existing site. The proposed building will have a substantial impact on many of these units.

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This impact is considered reasonable given the new controls but not under the existing floor space controls, given the significant variation in the floor space controls. The building is very reasonable on many technical levels but its impacts on views and the aspects of units to the south is so significant that the only reasonable approach was to wait till the gazettal of the new controls. This was to ensure that there is certainty as to the strategic planning justification for this impact, which there now is, as the BJLEP 2010 was gazetted 7 May 2008.

2.1.2 Waverley and Woollahra Joint Local Environmental Plan 1991 – Bondi Junction Commercial Centre (WWLEP 1991) The land use is consistent with that approved for the site, permissible and considered acceptable in the site’s zoning. The site is currently zoned Business General. This is the core commercial zoning in Bondi Junction. The proposal’s floor space control is summarised below. Control Standard Proposed Compliance Floor Space Ratio (Site Area 1171sqm)

3.0:1

6.6:1

No

The buildings to be demolished do not have heritage significance and are not considered worthy of retention. The applicant has submitted a SEPP 1 Objection to the variation sought to the site's floor space control (see comments under 2.1.1 above). The application has been assessed having regard to the relevant provisions of the WWLEP 1991 and is acceptable.

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2.1.3 Waverley Development Control Plan 2006, Part F1 and Part I1 – Land Use and

Transport - Bondi Junction Commercial Centre

COMPLIANCE CHECK

Control Standard Proposed Compliance Skyline a. Development should

reinforce the built form, with the highest building defining the east-west ridgeline, and with less intense development stepping with the contours to the north and south.

b. The impact of the

proposal on the skyline should be assessed at close range from vantage points such as Queens Park, Centennial Park, Bellevue Hill, Einfield Dr and Sydney Harbour.

• Development reinforces the built form.

• No adverse impact

envisaged on the skyline.

Yes Yes

Massing

• Building above 3 storeys to have podium and tower element

• Podium to align with street

• Tower setback at least 3m from boundary, with no walling to street Tower to maintain reasonableaccess to sunlight,and air

•

views

• ts

vertical form

movement Incorporate variations to i

Consistent Consistent Tower setback 3m from Oxford Street. No adverse impacts to sunlight, air movement, views and privacy of occupants of mixed development in its vicinity.

Yes Yes Yes Yes Yes

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COMPLIANCE CHECK

Height

55m (60m BJLEP)

55m

Yes

Roofline (motor and plant rooms)

• Designed as an integral part of the building

Yes

Façade Treatment

• Façade design addresses street

• Design has regard

for character, proportion, scale, materials & colour

Yes Yes

Access to Buildings • Consideration of access design for older people, young children, parents carrying babies in strollers and people with disabilities

Access and services are provided

Yes

Solar Access • Development should not cause additional overshadowing on land and building in surround residential zones or on public open space

• Additional

overshadowing supported if within the FSR control

• New buildings must

be accompanied by shadow diagrams

Shadow diagrams submitted with the application indicate that during the winter solstice there will be an amount of additional overshadowing out and over Oxford Street during winter.

No – See SEPP 1 discussion Yes Yes

Wind Effects Buildings shall not create uncomfortable or unsafe wind conditions

Satisfies control

Reflectivity • Development shall minimise adverse solar reflection

• Mirrored glass not to be used on exteriors

Yes Yes

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COMPLIANCE CHECK

Energy Efficiency in Buildings

• Accompanied by an energy performance report

Yes

Bus/Rail Interchange

• Incorporate public space, contiguous in level with Oxford Street to ensure optimum connectivity between the Centre and transport node

Provision is made in the design and structure of the building for the implementation of a pedestrian link from Oxford Street to Grosvenor Lane

Yes

Waverley DCP 2006 – Part I1 – Land Use and Transport

COMPLIANCE CHECK

Control

Standard

Proposed

Compliance

Carparking Offices, commercial premises & professional consulting rooms

1 space per 100sqm (7056 sqm – 71 spaces)

(65 spaces) – includes visitor and disabled

No – see Car Parking comment

Shops/Retail

1 space per 60sqm 0.8 - disabled (225 sqm – 4 spaces)

(4 spaces) Total provided: 69 spaces

Yes

Total 76 spaces 69 spaces No Bicycle Parking Commercial & Retail

All major development to provide secure signposted bicycle, motorcycle parking

Secure bicycle and motorcycle bays are provided in the basement car park together with the provision of motor cycle parking. Separate males and female change / WC facilities are also provided.

Yes (Separate, secure bicycle/ motorcycle areas are provided)

Loading Facilities Offices with greater than 400m² Shops with greater than 100m²

2 loading spaces are required

A loading dock is provided with access off Pine Lane providing 2 bays for medium sized trucks

Yes

Accessible Parking 10% of total A condition in this regard is recommended

Yes

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2.1.4 Other Matters

Car Parking / Traffic The site is just outside an area nominated in WDCP (see Part I cl 3.4) for reduced car parking provision because of proximity to public transport and the pedestrian dominated character of the adjoining public domain. The quantum of car parking proposed is actually considered substantial given the location of the site and the nature of the local road system i.e. access off a constrained rear lane. The level of under-provision with Council’s parking controls is minor (7 spaces) and supported in this instance. The application was referred to the Local Traffic Committee on 29 October 2009. The Technical Report provided to the Committee raised no objection to the development on traffic or parking ground (the under provision was accepted), however the recommendations from the Committee requested extensive traffic works – see later discussion in Referrals section of this report. Views The subject site currently is under developed, relative to its immediate neighbours on Oxford Street. The site currently provides for a ‘gap’ in the Oxford Street streetscape and high-rise residential units to the south enjoy views to the harbour and an aspect over the site. ‘Oscar’ towers located behind the site on the corner of Hollywood Avenue and Waverley Street is the most severely impacted building. Units within the Oscar residential flat development (2A Hollywood Avenue) were visited in the course of this assessment. This development comprises two (2) tower forms, one tower A directly behind the subject site fronting Hollywood Avenue and another lower, tower B fronting Waverley Crescent. Units in tower A from approximately level 7 upwards will be impacted by the development, in terms of a loss of their north aspect over the site and, in particular, the loss of harbour views. Lower units generally do not have harbour views and would be impacted in terms of a loss of solar access only. The view loss impacts were considered to be most acute from levels 7 to 15 for those units that enjoyed an aspect over the subject site. In particular, the proposal would result in a loss of significant harbour views for some units, such as a view of Clark Island. However, higher level units such as those on level 15 also had access to alternative views to the coast that would not be affected by the proposal. In respect to tower B there was a similar pattern of impact in terms of view loss, that being units on levels 7 to 12 with an aspect over the site would be impacted in terms of their harbour view and higher level units had access to alternative coastal views. However, tower B was well setback from the subject site and shadow impacts on this tower were much less than tower A and the harbour views available to these units are more generally not as extensive, e.g. available from portions of the balcony areas only, as those available to tower A. The view loss and solar access impacts of the development are significant but commensurate with the now gazetted planning controls for the site (noting that the current controls provide for a 55 m height limit).

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ESD / Energy Efficiency Rating Part of the documentation submitted with the application provided a report that investigated ESD strategies for the subject development. As a result of the ESD initiatives the building will achieve the equivalent of a 4 (four) Star rating under the Green Star Office design v3 tool. This satisfies Council requirements and a specific condition has been applied. Public Domain The proposal provides for streetscape upgrades to Oxford Street including new 300mm x 300mm concrete unit paving to all footpaths and pram crossings with new tree pits for the existing street trees that are to be retained. Streetscape works to Pine Lane include new concrete driveway crossings for the basement car park and loading dock as well as new concrete footpaths. All works are to be completed in conjunction with the draft Waverley Council Bondi Junction Public Domain Technical Manual, June 2008.

3. REFERRALS

3.1 Internal Waverley Traffic Committee The Traffic Committee considered the following report on the proposal at its meeting on 29 October 2009.

“253-255 Oxford Street, Bondi Junction – Development Application for Construction of 14 Storey Retail / Commercial Building (DA334/2009) Report dated 23 September 2009 from the Divisional Manager, Technical Services about a development application for the demolition of existing 3 storey and 9 storey buildings at 253-255 Oxford Street, Bondi Junction and construction of a new 14 storey retail/commercial building with four levels of car parking. Council’s Proposal: That: 1. There be no objections to the development at 253-255 Oxford Street, Bondi

Junction on traffic or parking grounds. 2. An amended Construction Vehicle Plan of Management be submitted to Council

for approval prior to demolition commencing on the site detailing the route to be taken by construction related vehicles when leaving the site and detailing the type and size of vehicles that will access the site during both the demolition and construction phases.

3. Prior to occupation, the 3.0m wide strip of land along the Pine Lane frontage

required by Council for road widening be dedicated to Council for that purpose with all costs associated being borne by the applicant.

4. Convex mirrors be installed within the site in the vicinity of the ingress/egress

driveway serving the off-street car parking areas to allow drivers exiting the site to

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view pedestrians and vehicles approaching the site along Pine Lane from either direction.

Purpose of Report An application has been lodged with Council detailing a proposal to demolish an existing 9 and 3 storey buildings at 253 – 255 Oxford Street, Bondi Junction and construct a new 14 storey retail/ commercial building. This report is coming before the Committee as it is a requirement of the Waverley Development Control Plan 2006 to refer developments of this size to the Committee for comment prior to determining the application. Council is not required to exercise its delegated functions to implement the proposal. Introduction The site is located on the southern side of Oxford Street at the eastern end of the Bondi Junction CBD area between Hollywood Avenue and Bondi Road/ Syd Einfeld Drive. The property has frontages to Oxford Street and to Pine Lane at the rear. The application proposes the demolition of two existing 40 year old buildings and the construction of a new 14 storey building with 225sqm of leasable retail floor area at the Oxford Street level and 6001.3sqm of leasable commercial floor area on the remaining floors above. Car parking for a total of 69 cars with driveway access off Pine Lane is proposed in two basement level car parks; on part of the ground floor and on part of a mezzanine level. Loading facilities catering for two small rigid vehicles are proposed off Pine Lane. The site is affected by a 3.0m wide strip of land along the Pine Lane frontage for road widening purposes. The application has allowed for the widening in the application. A “Transport Impact Assessment” prepared by GTA Consultants has been submitted with the application and relevant parts are attached to this report. Relevant plans of the development are also attached. Technical Analysis The following comments are made in regard to the proposed development: Car Parking Provision Required number of car parking spaces in Bondi Junction DCP :75 Number of car parking spaces being provided off street: 69 (including 9 small car spaces) Comment: Having regard to the site being well served by public transport including rail and bus and bicycle routes, the minor shortfall in the quantum of parking is considered acceptable as a reduction in car parking spaces will lead to a decrease in private motor vehicle usage into and out of the Bondi Junction CBD area. No objections are raised in regard to the proposal for 9 small vehicle parking spaces (13% of the total number of car spaces) exceeding the 2% maximum as this will lead to smaller, more fuel efficient cars being parked.

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The design of the car parks is consistent with the dimensional and gradient requirements contained in AS 2890.1:2004 – Off Street Car Parking. The proposal will not result in any reduction of the number of on-street parking spaces on either Oxford Street or in Pine Lane. Disabled Parking Provision Number of Disabled Parking spaces Required (10%) : 7 Number of disabled spaces being provided in basements : 7 Bicycle Parking Facilities Number of Bicycle parking spaces required ( 1/ 10 car parking spaces) : 7 Number of bicycle parking spaces provided in basements : 48 Toilet and shower facilities are being provided on two levels of the basement car parking for use by employees. Motor bike Parking Facilities No. of Motor bike parking spaces required (1% of car parking spaces) : 7 No. of motor bike spaces being provide in basements : 7 Loading Facilities Number of Loading Bays required in DCP : 2 Number of Loading Bays being provided : 2 The loading bays have access off Pine Lane and cater satisfactorily for the standing of 2 small rigid vehicles with regard to bay length and clearance height as per AS 2890.2-2002 Part 2 – Off street commercial vehicle parking Service vehicles will be required to reverse into the dock from Pine Lane and then be driven out in a forward direction. Pedestrian Facilities Pedestrian facilities in the vicinity of the development are considered satisfactory and no improvements or changes are warranted. Traffic Generation and Impact on Surrounding Road Network The consultant assesses traffic generation rates for the development as follows: Estimated vehicle Movements per hour (am peak) : 54 Estimated vehicle movements per hour (pm peak) : 58 The consultants report assesses the impact of traffic movements being generated by the development on 4 key signalised intersections in the vicinity of the site. The intersections are: • Oxford Street/ Hollywood avenue • Waverley Street/ Hollywood avenue • Bondi road/Waverley street/Council Street • Syd Einfeld Drive/Oxford street/Bondi road/Old South Head Road

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Using SIDRA software to model the impact traffic generated by the development will have on the above intersections in both post and pre development, the outcome of the analysis shows the impact on the intersections to be minimal with only minor increases in vehicle delays and queue lengths. The level of service of the intersections remains unchanged. Comment: No objections are raised to the findings of the consultant’s analysis. The consultant did not undertake an assessment of the operation of the intersection of Hollywood Avenue and Pine Lane, the intersection that will be used by the majority of drivers to gain access to and from the site. The intersection is a “T” intersection with a median island constructed on Hollywood Avenue limiting movements to and from Pine Avenue to left in, left out. The intersection during observations in both the a.m. and p.m. peaks operates satisfactorily with minimal delays. It is considered the intersection will continue to operate satisfactorily post development. Construction Vehicle Plan of Management A plan of management prepared by consultant Neustein Urban has been lodged with the application. The plan addresses construction vehicle movements to the site and not from the site. An amended construction vehicle plan of management will be required prior to the release of a Construction Certificate. Pine Lane Road Widening A 3.0m wide strip of land is required by Council for road widening purposes along the full Pine Lane frontage of the site. The application makes provision for the widening with the building being set back accordingly. Property 251 to the west of the site and 257 to the east of the site have been constructed to cater for the 3.0m widening. Pine Lane in front of 251 Oxford Street has already been widened.

Financial Information for Council’s Consideration There is no financial consideration for Council.

Council’s Proposal: That: 1. There be no objections to the development at 253-255 Oxford Street, Bondi

Junction on traffic or parking grounds. 2. An amended Construction Vehicle Plan of Management be submitted to Council

for approval prior to demolition commencing on the site detailing the route to be taken by construction related vehicles when leaving the site and detailing the type and size of vehicles that will access the site during both the demolition and

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construction phases. 3. Prior to occupation, the 3.0m wide strip of land along the Pine Lane frontage

required by Council for road widening be dedicated to Council for that purpose with all costs associated being borne by the applicant.

4. Convex mirrors be installed within the site in the vicinity of the ingress/egress

driveway serving the off-street car parking areas to allow drivers exiting the site to view pedestrians and vehicles approaching the site along Pine Lane from either direction.”

In respect to the above report the Traffic Committee resolved as follows:

WTC-0910.TEAC1 253-255 Oxford Street, Bondi Junction – Development Application for Construction of 14 Storey Retail / Commercial Building (DA334/2009) Report dated 23 September 2009 from the Divisional Manager, Technical Services about a development application for the demolition of existing 3 storey and 9 storey buildings at 253-255 Oxford Street, Bondi Junction and construction of a new 14 storey retail/commercial building with four levels of car parking.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That: 1. Having regard to there being an increase in vehicle movements generated by the

development and a deficiency in the provision of onsite car parking, the applicant undertake and meet the cost of the following:

(a). A design review and construction of the roadway alignment on the southern

side of Oxford Street in order to provide two lanes of traffic from the existing indented bay, west, to Hollywood Avenue.

(b). In conjunction with Clause (a) above, adjust the traffic signal on Oxford

Street at the intersection of Hollywood Avenue to allow for a “B-phase” and a bus only lane for westbound traffic.

2. The applicant be advised that the works outlined in Clause 1 would need to be

completed to Council’s satisfaction before consideration is given to the provision of a construction zone on Oxford Street outside the site.

3. The Committee notes that subject to the works outlined in Clause 1 being

completed, the State Transit Authority has in principle given a commitment to reinstalling the bus stop on Oxford Street, in front of the site.

4. The Committee also notes that the works outlined in Clause 1 will improve

pedestrian safety. 5. An amended Construction Vehicle Plan of Management be submitted to Council

for approval prior to demolition commencing on the site, detailing the route to be taken by construction related vehicles when leaving the site and detailing the type and size of vehicles that will be used during both the demolition and construction phases. The Committee advises the applicant that the preferred route to be taken by construction related vehicles when leaving the site be from Pine Lane, left into Hollywood Avenue, left into Waverley Street and then onto Bondi Road/Council Street.

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6. Prior to occupation, the 3m wide strip of land along the Pine Lane frontage

required by Council for road widening be dedicated to Council for that purpose with all costs associated being borne by the applicant.

7. The development application satisfies Part I1, Section 6.4.3 of the Waverley

Development Control Plan 2006 regarding pedestrian safety at the point of vehicle access to the site.

Comment The works to Oxford Street and the new traffic light at the intersection of Hollywood Avenue requested by the Traffic Committee lack a planning nexus to this development. In discussion with the Council’s Traffic Engineer, the widening suggested for Oxford Street is partly so that a proper construction zone can be provided in front of the site because the rear access off Pine Lane is inadequate for a building of this size. This is considered reasonable on planning grounds. There may be some good traffic reasons to remodel the south side of Oxford Street to its intersection with Hollywood Avenue and put in a new traffic light, however these reasons are not a direct result of this development (given Council’s own technical report) and can not be imposed as conditions of consent. Revised conditions of consent reflecting the above comments are recommended. Waste Management Environmental Services advise that no objection is raised subject to conditions. Technical Services Technical Services raised no objection subject to specific conditions. Building Code of Australia Compliance The Senior Building Surveyor – Fire Safety raised no objection subject to specific conditions of consent. Environmental Health Council’s Senior Environmental Health Officer raised no objection subject to specific conditions of consent. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The impacts of the approved development are considered acceptable. Section 79C(1)(c) - The suitability of the site for the development. The site is suitable for the form of development proposed.

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4. PUBLIC SUBMISSIONS

The application was notified/advertised for 30 days in accordance with Development Control Plan 29 – Advertising and Notification of Development Applications. Eighteen (18) submissions were received. One of the submissions was prepared by a consultant Town Planner on behalf of the owners of the ‘Oscar’ 2A Hollywood Avenue, ‘Harley Place’ 251 Oxford Street and ‘Harbourview’ 257 Oxford Street. The following issues arise in terms of the submissions received. • Overshadowing/Solar access Comment: Assessment of the detailed solar analysis documentation lodged with the application for the winter solstice (21 June) in terms of ‘Oscar’ 2A Hollywood Avenue indicate that the north-east façade of 2A Hollywood Avenue experiences increased overshadowing from the proposed development for 4 hours between 9am and 1pm whilst the north-west façade experiences overshadowing for 2 hours between 9am and 11am. The documentation indicates that lower levels (one to six) on the north-east corner of that building, being 6 apartments will be significantly affected by the development during this period. However, these apartments will still receive over 3.5 hours of sunlight at this time from 8am to 9.30am and then from 2pm to 4pm. Further, the submission raised concern about the loss of sunlight to the central garden/swimming pool/sport pavilion on the rooftop of 2A Hollywood Avenue. The assessment indicates that proposed development will not overshadow this particular area. Any overshadowing to this area is the result of existing surrounding buildings. With regard to ‘Harley Place’ 251 Oxford Street the north-east corner of this building is overshadowed at 8am. The extent of overshadowing is significantly reduced at 9am and at 10am the building does not experience any overshadowing as a result of the proposal. In terms of 1 Waverley Crescent, this site currently experiences a significant amount of overshadowing from the existing high rise at 251 Oxford Street. Overshadowing from the proposed development will affect 1 Waverley Crescent after 1pm on 21 June. Initially the north-west corner of the building is affected and after 2pm the entire building is affected. The analysis clearly indicates that the overshadowing is caused by the lower levels of development on the subject site, particularly any development extending above 5 storeys. The significant impact will be to 3 apartments on the north-west corner and they will receive 2 hours of sunlight at the winter solstice. An objection was also received from 18-34 Waverley Crescent in terms of overshadowing. This site is located a considerable distance from the subject site and is not affected by shadows caste from the proposed development. • Views Comment:

ee comments under 2.1.4 Other Matters Streetscape / Urban Design – Views. S

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Increased traffic congestion, Traffic • impact on Pine Lane, Parking problems,

ent

e proposal and cluded conditions to be applied to any Consent issued for the development.

al privacy

ssible visual privacy issues that may arise as a result of the proposed

turns on the stepped

t or on weekends when a high level of privacy is required

the proposed building is setback 0m fr

compliance with FSR, Overdevelopment of site, FSR departure

e Environmental Planning Policy No 1 Objection -

ssive building height

tres. The subject development proposes a height of 55 metres and complies with the quirements. It should be noted that the Draft WLEP proposes a height in that locality of 60

he height of the proposal has been designed to align with the adjacent buildings at 251 and 57 Oxford Street.

Traffic impact on Waverley Cresc Comment: In terms of the above issues the application was referred to the Local Traffic Committee on 29 October 2009. The Committee provided comment raising no objection to thin Visu•

Comment: The visual privacy issue is particularly noted in terms of the adjoining residential high rise buildings at 251 Oxford Street and 257-269 Oxford Street. The proposed design has carefully onsidered poc

development. The stepped façade to the east and west of the building is constructed of translucent glass enabling diffused light to enter the building whilst the frosted elements prevent views into

djoining properties, this provides controlled views. The clear glass reafaçade direct views from the building to the CBD and Sydney Harbour. It should be noted that the proposal is for a commercial tower building. Commercial buildings

re generally not occupied at nighaby adjacent residential buildings. Privacy issues have also been raised by the occupants of 1 Waverley Crescent. The WDCP requires separation distances between commercial and residential to be 9.0m from ground to level 5 and 18.0m for towers. 1 Waverley Crescent is a 3 storey development, hence the separation distance is 9.0m. Level 2 of the proposal aligns with the ground floor of 1

averley Crescent and has a 9.0m setback. The majority of W9. om the centre of Pine Lane and satisfies the WDCP. • Non Comment:

ee comments under 2.1.1 StatSDevelopment Standards. • Exce Comment: In accordance with the WDCP height map the height limit within the Bondi Junction core zone is 55 meremetres. T2

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• Wind impact Comment: Assessment of the wind environment impact analysis submitted with the application indicates that the proposed development will not have any adverse wind effects or provide any adverse effects on the existing wind conditions in the local surrounding streets and pedestrian

otpaths.

idation report/ Photographic survey

he hey are not heritage items or in a conservation area.

Lane building setback

‘a 3.0m wide strip of land to be ated to Council for road widening purposes’ to the Pine Lane frontage of the subject

ouncil to widen Pine Lane in order to improve vehicle

of Draft controls

is a requirement of the EP&A Act that both a Draft LEP and the existing LEP be used to

lan

omment: suita nt has been applied.

re and does not give rise to any detrimental impacts upon the adjoining properties. This proposal will provide a building that will compliment and vitalise this section of the centre.

fo • Dilap Comment:

suitable condition of consent has been applied. A limited photographic survey of tAexisting building is recommended as t • Pine Comment: The objections state that the proposed development is not ‘in line’ with existing buildings in Pine Lane. Discussions were held with the applicant prior to lodgement of the application to advise that the proposed development is required to provide

edicdsite. The plans submitted with the application provide this required setback.

his land dedication will enable CTaccess and manoeuvring. • Use Comment: Itassess the development application. • Inadequate construction management p CA ble condition of conse • Economic demand Comment: The site is suitable for the form of development proposed. In a broader strategic sense the building provides for high-quality commercial floor space and addresses the objectives of promoting the commercial amenity of Bondi Junction. The site is also well located in terms of the Bus Rail Interchange. The proposal will provide for employment opportunities to the Bondi Junction Cent

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• Basix and SEPP 65 Comment: Both policies only apply to residential buildings. • Streetscape Comment: The subject building is considered to be skillfully designed and it provides for a high-quality addition to its streetscape. The building has also been designed with various energy

fficiencies initiatives and is considered to be able to address the ESD controls in the DLEP. e The design reflects the established rhythm of the built form and addresses the dominant architectural features in a modern context. The design of the building façade, particularly along Oxford Street, has been carefully considered and the design will complement the

eighbouring buildings. n

ection 79C(1)(e) - The public interest. S

he application is considered to be in the public interest. T

5. EVELOPMENT AND BUILDING UNIT REVIEW D The DBU reviewed the proposal and noted that the scheme appropriately addressed the new controls for the site but would have a significant impact on some adjoining residents to the south, in particular those in the Oscar Apartments nearest the site on level 7-15 with an aspect over the site. For these units the undeveloped nature of the site provides a north facing gap in the Oxford Street street wall that, in some instances, provides framed glimpses of the harbour. Nevertheless, the proposed building and the Oscar Apartments do have, at minimum, a 28 m setback from each other. These units will lose a very favourable aspect but still maintain a level of separation that would be considered acceptable in a city centre ontext. c

The DBU finalised the assessment of this application in November 2009 but because of the nature of the impact on adjoining units, did not consider it reasonable to accept this impact while there was still some uncertainty about the new controls for the site. The draft controls for this site have also changed, in as much as the Department of Planning had previously imposed a reduced floor space ratio (4:1) on this site. However, in the version of the LEP endorsed by Council, a 6:1 FSR was recommended. Now with the gazettal of the Bondi Junction Centre LEP 2010 on 7 May 2008 and the confirmation of the key controls for the site (ie FSR 6:1 and height control 60m), the impacts of this proposal are now considered easonable. r

The Waverley Traffic Committee reviewed the proposal and recommended the remodelling of the south side of Oxford Street to its intersection with Hollywood Avenue and a new traffic. The DBU was concerned that these works lacked a planning nexus to this development. In discussion with Council’s Traffic Engineer, the widening suggested for Oxford Street is partly so that a proper construction zone can be provided in front of the site because the rear access off Pine Lane is inadequate for a building of this size. This is considered reasonable on planning grounds. However, while there may be some good traffic reasons to remodel the south side of Oxford Street to its intersection with Hollywood Avenue and put in a new traffic light there, these reasons are not a direct result of this development (given Council’s own technical report) and can not be imposed as conditions of consent. The DBU has not recommended the Waverley Traffic Committee’s full conditions, in particular the works

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beyond the frontage of the site and the new traffic light requested, are considered to not ha proper planning nexus to the development and would, in th

ave e DBU’s view, fail in Court if

hallenged.

ity g

roposal addresses the objective of promoting Bondi Junction as a ommercial centre.

he application is supported subject to conditions.

6. RECOMMENDATION

commercial building with basement carpark e approved, subject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

he development must be in accordance with:

(a) d by

BATESSMART Architects, dated 16/6/09, and received by Council on 29 June 2009;

(b) nd BATESSMART Architects, dated

22/6/09, and received by Council on 29 June 2009;

) Schedule of external finishes and colours received by Council on 29 June 2009;

(d) dated June 2009 prepared by Neustein Urban, and received by Council on 29 June 2009;

(e) nd Checklist, in accordance with the SWRMP Checklist of Part G1, Waverley DCP 2006.

xcept where amended by the following conditions of consent.

2. TO OXFORD STREET AND REVISED CONSTRUCTION VEHICLE MANAGEMENT LAN

of a construction zone on xford Street outside the site and at the expense of the applicant.

e and size of vehicles that will be used during both the demolition and construction phases.

c This building provides for a good sized retail space addressing Oxford Street and high qualoffice space above. This building is well designed and considered in terms of its servicinand aesthetic. The pc T

That development application No 334/2009 at 253 – 255 Oxford Street Bondi Junction for demolition and construction of a storey retail and b

T

Architectural Plan Nos AR-DA-1-01, 2-002, 2-001, 2-00, 2-01, 2-02, 2-03, 2-04, 2-05, 2-06, 2-07, 5-02, 5-03, 6-01, 6-02, 6-03, Revision F, tables and documentation prepare

Landscape Plan No. 28048, DA01 and DA02 (including the public domain works cited) and documentation prepared by Aspect Studio a

(c

Statement of Environmental Effect and supporting Technical Reports (listed page 4)

The Site Waste and Recycling Management Plan (SWRMP) a

E WORK P A design review and construction of the roadway alignment on the southern side of Oxford Street to extend the existing indented bay west in front of the site is to be provided to Council’s Divisional Manager – Technical Service. These works are to be completed to Council’s satisfaction before consideration is given to the provisionO An amended Construction Vehicle Plan of Management be submitted to Council for approval prior to demolition commencing on the site, detailing the route to be taken by construction related vehicles when leaving the site and detailing the typ

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3. ROAD WIDENING

Prior to occupation, the 3m wide strip of land along the Pine Lane frontage required by Council for road widening be dedicated to Council for that purpose with all costs associated being borne by the applicant.

4. PUBLIC DOMAIN WORKS The following requirements apply to the Public Domain Works provided for within condition Nos 1, 2 and 3: (a) All works to the footpath/roadway surrounding the site are to be upgraded in

accordance with Council’s Bondi Junction Technical Manual. The detailed design and configuration of all works shall be to the satisfaction of Council’s Divisional Manager, Technical Services prior to the issue of a Construction Certificate.

(b) All works are to be completed to the agreed design and standard prior to the issue of an

Occupation Certificate or in the case of the Oxford Street works a Construction Vehicle Management Plan.

(c) All works are to be provided at the applicant’s expense.

5. ESD RATING

The commercial office component is to achieve a 4 Green Star rating in accordance with the provisions from the Green Building Council of Australia and the building as a whole is to achieve an equivalent of a minimum 4 stars under the Australian Building Greenhouse rating system.

6. DEVELOPMENT APPLICATIONS FOR RETAIL USE

A development application is to be lodged for the approval of Council in connection with the usage of any retail area within the development, prior to the occupation of the premises.

7. STATE ENVIRONMENTAL PLANNING POLICY NO.1 OBJECTION Pursuant to the applicant's objection under State Environmental Planning Policy No. 1 prepared by Neustein Urban and the powers delegated to Council by the Director of Planning, the provisions of Clause 14 - under the Waverley Woollahra Joint Local Environmental Plan 1991 are waived to permit a floor space ratio of 6.6:1 (in accordance with this LEP) in respect to the subject development.

8. NOISE EMMISSIONS The use of the premises shall not give rise to: (a) Transmission of unacceptable vibration to any place of different occupancy. (b) A sound pressure level at any affected premises that exceeds the background (LA90)

noise level in the absence of the noise consideration by more than 5Db(A). The source noise level shall be assessed as an LA10, 15min and adjusted in accordance with the Department of Environment and Climate Change's (DECC) guidelines for tonality, frequency weighting, impulsive characteristics, fluctuations and temporal content.

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(c) A sound pressure level at any affected premises that exceeds the DECC recommended planning levels outlined in the DECC Environmental Noise Control Manual: or

(d) A sound pressure level at any affected premises that exceeds the DECC recommended

maximum noise level as modified to account for the existing level of stationary noise at the receiver premises.

9. NOISE - MECHANICAL PLANT

Noise associated with mechanical plant shall not give rise to any one or more of the following: (a) Transmission of "offensive noise" as defined in the Protection of the Environment

Operations Act 1997 to any place of different occupancy. (b) A sound pressure level at any affected property that exceeds the background (LA90, 15

minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the licensed premises. The source noise level must be assessed as a LAeq, 15 minute.

(c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant

associated with the premises must not be audible in any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

(d) A Certificate is to be submitted at the completion of all work and prior to the issue of an

Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment complies with the terms of approval in relation to noise.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

10. SECTION 94A CONDITION OF CONSENT A cash contribution comprising 1% of the total cost of the approved works within development application No. 293/2006, is payable to Waverley Council pursuant to section 94A of the Environment Planning and Assessment Act 1979 and the "Waverley Council Development Contributions Plan 2006" in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and submitted to council: 1. Where the total development cost is less than $500,000: "Waverley Council Cost Summary Report"; or, 2. Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity surveyor's Detailed Cost Report". A copy of the required format for the cost reports may be obtained from Waverley Council Chambers (First floor) or the council's Webster: www.waverley.nsw.gov.au/publications/ (b) Prior to the issue of the construction certificate, evidence must be provided that the levy has been paid to council in accordance with this condition. Waverley Council Development Contributions Plan 2006 may be inspected at Waverley Council Chambers, First floor, Crn Paul Street and Bondi Road, Bondi Junction.

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11. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $20,000.00 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work. This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work.

12. ACCESS The development shall be provided with access and facilities for people with disabilities in accordance with AS1428.1 Design for Access and the requirements of the Access Report by Accessibility Solutions Pty Ltd dated 16 June 2009. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

13. DISABLED ACCESS Access for people with disabilities to be provided to the premises in accordance with the requirements of the Building Code of Australia, Australian Standard 1428.1 and Waverley Development Control Plan No. 26.

14. LONG SERVICE LEVY A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

15. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of the

appointment in accordance with Section 81A(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the

building works. The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority.

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16. ESSENTIAL SERVICES - NEW BUILDING

Details of the proposed essential fire safety measures/services shall be submitted to Council with the application for a Construction Certificate or be attached to the Construction Certificate, including a certificate, prepared by a person competent to do so, setting out the: (a) basis of design; (b) standard to which the system is to be installed; and (c) all relevant documentation, including all drawings such as wiring diagrams, duct layouts,

hydraulic schematics etc and calculations shall be submitted for Council's records. At the completion of the installation, certification containing the following information shall be attached to the application for an Occupation Certificate or to the Occupation Certificate: (a) inspection, testing and commissioning details; (b) date of inspection, testing and commissioning; (c) the name and address of the individual who carried out the test; and (d) a statement that the service has been designed, installed and is capable of operating to

the above standard.

17. HOARDING REQUIRED A standard B-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

18. GEOTECHNICAL ENGINEERS REPORT A geotechnical report, regarding the stability of the subject site and stating that damage

should not occur to any adjoining premises as a result of the proposed bulk excavation, driven type piles and shoring works, is to be submitted to the Principal Certifying Authority, Council and the owners of adjoining premises. The report is to be submitted prior to the issue of a Construction Certificate and commencement of any such works on the site.

19. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate.

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Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.

20. CONSTRUCTION VEHICLE PLAN OF MANAGEMENT

Submission of a "Construction Vehicle Plan of Management" for the routing and control of construction vehicles accessing and exiting the site. Such plan to address the hours of operation, the employees' vehicles, holding areas for vehicles wanting to access the site and truck works and provide a means of ensuring vehicular and pedestrian access to adjoining resident's properties for the duration of the works. The "Construction Vehicle Plan of Management" is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, remediation or construction on the site.

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

22. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

23. STORMWATER MANAGEMENT Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No. 2) - Part B, Clause 11, prior to the issue of a Construction Certificate.

24. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with major structural components of the building prior to the issue of a Construction Certificate.

25. ACCESSIBLE CAR SPACE A minimum of 10% of all car parking are to be provided as car spaces for the vehicles of people with disabilities.

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The car spaces shall be identified and reserved at all times and be in the vicinity of a lift or as close as possible to public areas and facilities. The car spaces shall have minimum dimensions of 3.2m x 5.5m and minimum headroom clearance of 2.5m for vehicles fitted with a roof mounted wheelchair rack. A notice shall be displayed at the entrance to the car park and at each change in direction indicating the location of car spaces and the maximum headroom for vehicles. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

26. CONVEX MIRRORS Convex mirrors be installed within the site in the vicinity of the ingress/egress driveway serving the off-street car parking areas to allow drivers exiting the site to view pedestrians and vehicles approaching the site along Pine Lane from either direction Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

27. VEHICULAR ACCESS Vehicular access and gradients of vehicle access driveway(s) within the site are to be in accordance with Australian Standard 2890.1 Parking Facilities - Off Street Car Parking with details provided on the plans prior to the issue of the Construction Certificate.

28. EXTERNAL FINISHES A schedule of external finishes shall be submitted for Council's consideration and approval prior to the issue of the Construction Certificate. The schedule shall include details of proposed external walls and roofing materials in the form of either trade brochures or building samples. Where specified, the schedule shall also include window fenestration and window frame colour details, as well as fencing, paving and balustrading details and guttering colour and profile.

29. CONSULTATION RAILCORP The applicant must consult with RailCorp as the proposed development involves significant excavation just outside the zone of influence of its rail corridor. The requirements of RailCorp, if any, must be reflected in the Construction Certificate plans for the development prior to its release under the Environmental Planning and Assessment Act 1979.

30. TREE PRESERVATION BOND A bond of $ 5000 is to be lodged with Council either as cash or by way of an unconditional bank guarantee to ensure the protection and maintenance of the two (2) Eucalyptus trees and one (1) Grevillea at the Oxford Street frontage of the property. The bond is to be lodged prior to the issue of a Construction Certificate. The sum will be forfeited to the Council at its discretion for a breach of these requirements, and will be refunded twelve (12) months from the issue of the Occupation Certificate subject to the satisfaction of Council.

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31. ARCHIVAL RECORDING OF EXISTING BUILDINGS

A brief archival record (at a minimum the front and rear elevations, details of notable elements of each building eg the awning and foyers) shall be prepared of the existing building for deposit in Waverley Council's Archive. This record must be carried out prior to the removal of any significant building fabric (ie the street awning to the building at 255 Oxford Street) or furnishings from the site and must be submitted to Council prior to the commencement of any demolition work and the issue of a Construction Certificate. The record shall comprise photographic documentation of the site and its context, and the exteriors and interiors of the existing building(s), photographed where appropriate, using a camera/lens capable of 'perspective correction', comprising: (a) adjacent buildings, building elevations, and important interior and exterior architectural

spaces and features of the building/site; (b) a summary report of the photographic documentation; and (c) photographic catalogue sheets, which are referenced to a site plan and floor plan, no

larger than A3 paper size, and indicating the location and direction of all photos (black & white prints and slides) taken.

32. ENERGY AUSTRALIA

The applicant to confer with Energy Australia to obtain that authority's needs for the provision and location of a kiosk type distribution centre on the subject land, and if deemed necessary, the applicant to make available land to that Authority for the siting of such kiosk/sub-station. Documentary evidence of compliance is to be provided to the satisfaction of the Principal Certifying Authority prior to the issue of the Construction Certificate.

33. DILAPIDATION REPORT

A dilapidation report prepared by a practising Structural Engineer shall be submitted to the Principal Certifying Authority, Council and the owners of the adjoining properties prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external), including ancillary structures located upon the adjoining properties provided to the satisfaction of the Principal Certifying Authority prior to the issue of the Construction Certificate.

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C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

34. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or

intends to do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work.

35. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Saturdays with no work to be carried out on: (a) The Saturday (except minor renovation or refurbishment to a single dwelling construction)

and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and (c) On the Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environment Operations (Noise Control) Regulation 2000.

36. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

37. EXCAVATION AND BACKFILLING All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

38. EXCAVATION BELOW FOOTINGS If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and (b) if necessary, must underpin and support the building in an approved manner; and

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

39. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected; the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided.

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

41. SANITARY FACILITIES Sanitary Facilities are to be provided in accordance with the requirements of the Building Code of Australia to the proposed building.

42. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

43. USE OF FILL ON SITE All fill imported on to the site shall be validated to ensure the imported fill is suitable for the proposed land use from a contamination perspective. Fill imported onto the site shall also be compatible with the existing soil characteristics for site drainage purposes. Council may require details of appropriate validation of imported fill material to be submitted with any application for future development of the site. Hence all fill imported on to the site should be validated by either one or both of the following methods during remediation works; (a) Imported fill should be accompanied by documentation from the supplier which certifies

that the material is not contaminated based upon analyses of the material for the known past history of the site where the material is obtained; and/or

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(b) Sampling and analysis of the fill material should be conducted in accordance with the DECC Sampling Design Guidelines (1995) to ensure that the material is not contaminated.

44. MECHANICAL VENTILATION

(a) The premises are to be ventilated in accordance w iht he requirements of thie Bulding Code of Australia and relevant Australian Standards.

(b) The mechanical ventilation system shall comply with t heBuilding Code of Australia and

Australian Standard AS 1668.2.2002 (Parts 1 and 2). Prior to installation, the design is to be certified by a person competent to do so. At completion of the installation of the system and prior to the issue of the Occupation Certificate, the work shall be certified by a person competent to do so. The certification shall include: (i) inspection, testing and commissioning details; (ii) date of inspection, testing and commissioning details; (iii) the name and address of the individual who carried out the test; and (iv) a statement that the service has been designed, installed and is capable of

operating to the above standard.

45. REFRIGERATION UNITS & MECHANICAL PLANT All refrigeration motors/units or other mechanical plant are to be installed within the building in

an acoustically treated plant room. In this regard, adequate provision is to be made within the confines of the building for any future refrigeration motors/units or other mechanical plant associated with any future use of the building. Details of the refrigeration units and mechanical plant along with the means of acoustically treating the plant room are to be provided with any development application for the use of the premises.

46. PROVISION FOR SHAFT FOR FUTURE FOOD PREMISES

Adequate provision shall be made for the installation of a mechanical exhaust system for future premises where food is prepared. This includes the provision of a shaft that complies with the Building Code of Australia, to the roof for the ductwork and the flue of the system.

47. MICROBIAL CONTROL

(a) Any cooling towers and warm water systems must be operated and maintained in

accordance with AS 3666, the Public Health Act, 1991 and Public Health (Microbial Control) Regulation 2000.

(b) A true copy of the annual certificate as stipulated in clause 9(2) of the Public Health (Microbial) Regulation 2000 which certifies the effectiveness of the process of disinfection used for the water cooling tower, must be submitted to Council prior to the period ending 30 June each year.

(c) Prior to commencement of the use the owner of the premises must apply to Council for the registration of water cooling systems installed on the premises in accordance with the Public Health (Microbial Control) Regulation 2000.

48. HAZARDOUS MATERIALS AUDIT

A Hazardous Materials Audit (HMA) must be carried out by a suitably qualified practitioner prior to site demolition. The HMA must assess the presence of structural and residual building materials that may be of environmental concern. The HMA must also ensure that hazardous

32

materials that may have been used within the structural components of all buildings are adequately addressed to protect site personnel from risk of exposure.

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

50. SITE HEALTH & SAFETY PLAN A Site Health & Safety Plan is to be prepared prior to the commencement of any remediation works by a person competent to do such Plan. All works are to be carried out in accordance with this Plan. This Plan shall include: (a) hazard identification and control (b) site security (c) personal protective equipment (d) work zones and decontamination procedures (e) contingency plans and incident reporting environmental monitoring Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council and the Principal Certifying Authority immediately.

51. DEMOLITION & SITE PREPARATION Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the DECC, and with the provisions of: (a) New South Wales Occupational Health and Safety Act, 2000; (b) The Occupational Health and Safety (Hazardous Substances) Regulation 2001; (c) The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001; (d) Protection of the Environment Operations Act 1997 (NSW) and (e) DECC's Environmental Guidelines; Assessment, Classification and Management of Liquid

and Non Liquid Wastes (1999).

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52. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW.

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

54. SOIL AND WATER MANAGEMENT SIGN Throughout the construction/remediation/demolition period, Council's warning sign for soil and water management must be displayed on the most prominent point of the building site, visible to both the street and site works. A copy of the sign is available from Council.

55. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

56. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

57. SEDIMENT REMOVAL FROM VEHICLE WHEELS A vehicle wheel wash, cattle grid, wheel shaker or other appropriate device, shall be installed in accordance with the approved Soil and Water Management Plan for the site prior to the commencement of any site works or activities.

58. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

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59. USE OF HEAVY EARTH MOVEMENT EQUIPMENT Excavation works involving the use of heavy earth movement equipment including rock

breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday.

60. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS

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

61. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER Bulk excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate.

62. BUILDING CODE OF AUSTRALIA All building work must be carried out in accordance with the requirements of the Building Code of Australia.

63. REFERRAL – COMMISSIONER NSW FIRE BRIGADE In accordance with Clause 144 of the Environmental Planning and Assessment Regulations 2000 where building work involves an alternative solution to meet the performance requirements of the Building Code of Australia contained in any one or more of the Category 2 fire safety provisions as defined under the Environmental Planning and Assessment Regulations 2000 the application for a Construction Certificate must be referred to the Commissioner NSW Fire Brigades in order to obtain an initial fire safety report prior to issue of the Construction Certificate.

64. CLAUSE 144A – EPA REGULATIONS In accordance with Clause 144A of the Environmental Planning and Assessment Regulations 2000 where building work involves an alternative solution under the Building Code of Australia in respect of a fire safety requirement, a Compliance Certificate or written report is required to be obtained from a C10 Accredited Fire Safety Engineer certifying that the alternative solution complies with the relevant performance requirements of the Building Code of Australia prior to the issue of a Construction Certificate.

65. CLAUSE 153A – EPA REGULATIONS

In accordance with Clause 153A of the Environmental Planning and Assessment Regulations 2000 a Compliance Certificate or written report is to be obtained from a C10 Accredited Fire Safety Engineer certifying that the building work relating to the alternative solution to the Building Code of Australia has been completed and complies with that alternative solution, prior to issue of an Occupation Certificate.

66. COMPLIANCE - COMMISSIONER NSW FIRE BRIGADES Compliance with the requirements of the Commissioner NSW Fire Brigades.

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67. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (COMMERCIAL CLASS 5, 6, 7, 8

AND 9) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planing and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 5, 6, 7, 8 or 9 building: (a) at the commencement of the building work; (b) prior to covering any stormwater drainage connections; and (c) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams

and columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls);

and Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

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

69. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.

70. NEW VEHICLE CROSSING

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A new vehicle crossing is to be provided to access the proposed basement car park. A separate application is required for the modified vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council. All new vehicle crossings to be Wheel Strips instead of full width concrete driveway wherever feasible.

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

72. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

73. HOT TAP WATER SCALDING To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.

74. STREET TREES No existing street trees shall be removed without Council approval. A 1.8m high chain link wire fence or the like shall be erected around the existing street trees to protect them from damage during construction. Where approval is granted for the removal of a street tree the applicant is to pay for its replacement with a super advanced tree of a species nominated by Council.

75. TREE PROTECTION Precautions shall be taken when working near street trees to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a

nominated perimeter.

76. STREETSCAPE WORKS - BONDI JUNCTION The footpaths surrounding the site are to be upgraded in accordance with Council's Bondi Junction Technical Manual. In this regard, the applicant is to confer with Council prior to commencement of the works.

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77. AWNINGS

Awnings shall be a minimum of 3.5m above the footpath level and offset a minimum of 600mm behind the kerb.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

78. FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

79. SYDNEY WATER A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website www.sydneywater.com.au\customer\urban\index or telephone 13 20 92. Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the linen plan/occupation of the development.

80. WASTE STORAGE The following requirements apply to waste management: (a) A waste management plan must be submitted to Council to include all waste removal

arrangements such as the Contractor, recyclables and all other waste (collection and disposal), prior to the occupation of the premises.

(b) Provide a separate waste storage area suitably covered, bunded and drained to the

sewer. The waste storage receptacles must be maintained in good order and repair at all times.

(c) Provide a suitable storage area affectively bunded for chemicals, pesticides and cleaning

products. (d) Confer with Sydney Water regarding whether a Trade Waste Agreement is required. A

copy of the agreement shall be forwarded to Council if one is entered into with Sydney Water.

81. DISPLAY OF WASTE MANAGEMENT PLAN

The occupant/body corporate shall be provided with at least one copy of the Waste Management Plan. An additional copy of the plan shall be displayed in a secure, visible and

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accessible position within or adjacent to the waste storage area. The approved Waste Management Plan must be complied with at all times during occupation.

82. RECYCLING OF WASTE PAPER The operator of the business shall ensure that waste paper is recycled. In this regard, the operator shall make arrangements with the owner to transfer paper for recycling to the recycling room for removal by a recycling agent.

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

84. TACTILE NUMBER IN LIFT The applicant is advised that with regard to the provision of the lift in the building, it will be necessary for tactile numbers to be placed on each level of the building and within the lift to assist visually impaired people.

85. STREET NUMBER/S The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. Should the number be fixed to an awning then it shall be a minimum 150mm high. J:\HOME\PES\reports\South Team\Philip Bull\DCC2010\may\253-255 Oxford.doc

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4 Wonderland Ave, Tamarama – Demolition of existing dwelling and construction of a dwelling with associated double garage and pool (DA 689/2009) Report dated 20 May 2010 from the Development and Building Unit. DBU Recommendation: That the application be granted deferred commencement consent. Referred to DCC / IHAP given the number of submissions received.

Development Assessment Report Development Application No. 689/2009 Address 4 Wonderland Avenue, Tamarama Lodgement Date 21 January 2010 Proposal

Demolition of existing dwelling and construction of a new four level dwelling with associated double garage and pool

Zoning and relevant controls 2(b) Residential Owner L & D Morgan Applicant D Morgan Building Classification 1(a) Submissions 14 submissions Issues

Height, bulk and scale, setbacks, privacy and noise, character and views.

Recommendation That the application be granted a DEFERRED COMMENCEMENT

Site Map

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1. PREAMBLE

1.1 The Site and its Locality

The site is located on the southern side of Wonderland Avenue and has a rear frontage Carlisle Street. The site is irregular in shape with an average depth of 39m and a width of 12m. It has an area of approximately 462.30 sqm. The site falls steeply from the front northern boundary to the southern boundary some 9m in height and faces south towards Tamarama park and beach.

The existing building is not listed in Waverley LEP 1996 Schedule 5 as an item of heritage significance nor is within a conservation area. However, the site sits near 2 heritage items, L9 - Tamarama Park and A30 – Site of Wonderland and Aquarium, Tamarama Gully.

The surrounding development consists of an eclectic mix of three to four storey

residential flat developments and part one to three storey houses. 1.2 Background

No development history exists.

1.3 Proposal Description The applicant seeks consent to demolish the existing dwelling and construction of a two to three storey dwelling (set below street level) with an entrance foyer enclosure rising above the upper floor to street level. A pool is also proposed. Details of the proposed development are as follows: • Lower Ground - Double garage, rain water tanks areas, stairs, lift, laundry,

en-suite and guest room. • Ground floor – Three bedrooms with en-suite, study room, stairs, lift and

feature garden. • First floor – Living, dining, family, kitchen, bathroom, lift, stairs, decks,

plunge and lap pool, storage areas and toilet. • Second floor – entry foyer, study area, stairs and entry pathway from

Wonderland Avenue.

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2. ASSESSMENT

The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

2.1 Section 79C(1)(a) Planning Instruments. 2.1.1 State/Regional Environmental Planning Policies

There is no relevant State or Regional Policies that apply to the site.

2.1.2 Waverley Local Environmental Plan 1996

The site is zoned Residential 2(b) under Council’s LEP. The site is not listed as a heritage item under Council’s LEP and is not located within a conservation area under the LEP. The demolition of the existing building is considered acceptable. Clause 30 of the LEP deals with the aesthetics of buildings visible from the coast and would apply to the development. The proposed building is of a contemporary style and box-like, not dissimilar to numerous similar buildings around the site. The building is considered acceptable in its setting. The proposal is considered to be generally consistent with the relevant objectives of the LEP and zone, subject to conditions. The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed.

2.1.3 Waverley Development Control Plan 2006, Part D1 – Dwelling House & Dual Occupancy Development

COMPLIANCE CHECK Control Standard Proposed Compliance Height • Flat roof – 7.5m • 6.8m to 9.3m (West)

• 7.8m to 9.3m (East) No

Floor Space Ratio (Site Area: 462m2)

• Based on site area • 0.6:1

• 0.74:1 (without

subfloor areas and 0.9:1 if sub floor included)

No

Setbacks • Side 900 to 1500mm • Front approx 14m • rear est. building line

(varies)

• 0.9m to 2.6m • 14.5m–17m provided • 2.5m to 3.7m

(excluding decks)

Yes Yes Yes

Elevated external decks

• 10sqm in area • 1.5m depth

• GF– 12.5m2 & 1.5m • FF – 48 m2 & 4.5m

No No

Vehicular Access and Parking

• No. of spaces • Dimensions (5.5 m × 2.5m) • Behind building

setback

• 2 • 6x5m • Behind front setback

Yes Yes Yes

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COMPLIANCE CHECK Control Standard Proposed Compliance Landscaping • 40% of site area

• 15% of site as soft • 50% of front lands. • 50% of front lands.

as soft • On-site retention

required

• 44% • 20% • >50% • >50% To be provided

Yes Yes Yes Yes Yes

Swimming pool • Swimming pools should not be located at the side of dwellings and are to be located away from the bedroom areas of adjoining dwellings

• Proposed 20m lap pool adjacent to the eastern side boundary (2.5m wide)

No

Front fencing • 1.2m • 1.8m solid wall No Height The development does not comply with the building height control with respect to a maximum external wall height of 7.5m for a dwelling house with a flat roof. The design exceeds the permissible wall height by a maximum of 1.8m at the rear, as the result of the sudden drop in topography of the site, with the majority of the dwelling being located considerably under the maximum height of 7.5m to the high side of the site. A maximum 9.5 m height limit also applies to residential flat development in this zone; however the DCP controls generally envisaged a two to part three storey form for such development. The site slopes steeply by approximately 9.0m from the northern (front) to the front over a length of 39m, which limits the ability of a development to achieve strict compliance with the prescribed building height along the lower southern (rear) side of the site. The DCP recommends a ‘step-down’ approach to developments on sloping sites; the proposed building provides for some limited steps in its form. However, concerns are raised that the proposed entry foyer, study room and associated stairs at second floor will be highly visible from the adjoining properties to north and west and obscure coastal views. These parts of the building do not generally comply with the maximum 7.5m height limit and most severely and unreasonably contribute to view loss impacts. Given the excess floor space proposed, non-compliance with the height control and impacts associated with this level its deletion is recommended. It is understood that the height of the proposed entry foyer appears to be driven by a desire to improve pedestrian access to the site from the upper level of Wonderland Avenue. However, this should be made with no impacts to views from the neighbours and the view of the site from the public areas of Tamarama Park. It is further noted that pedestrian access to the site is currently available from both Wonderland Avenue and Carlisle Street without an elevated foyer. There is no compelling planning reason to support the non-compliance proposed for the additional second storey level with Council’s height and floor space control. A condition deleting this second level with an alternative lower entry pathway from Wonderland Avenue to the first floor is recommended. In this regard, the whole

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second floor level is not approved and shall be deleted. The associated entry deck adjacent to the western side boundary shall also be deleted to reflect this requirement accordingly, in order to retain views over the Tamarama Gully, Park and Beach from the adjoining properties, reduce FSR and better address the height requirements of Waverley Development Control Plan 2006. FSR / bulk The maximum FSR permissible for the site is 0.60:1, providing a gross floor area (GFA) of approximately 277sqm. The proposal will have an FSR of 0.74:1 (without including subfloor rain water tanks area), when the underground rain water tank area is included the FSR increases to 0.9:1. The basement or lower ground level will have no impact upon the bulk and scale of the dwelling and will have minimal amenity impacts upon surrounding properties. The proposed variation to the site’s floor space control (subject to deletion of the areas for the second floor, will reduce the FSR from 0.74:1 to 0.66:1) is considered acceptable and will not have an unreasonable impact upon surrounding properties in regards to overshadowing or view loss. It is to be noted that the proposed building is comparable to adjoining development in respect to bulk and scale (eg No. 12 Wonderland Avenue DA220/1999 was approved at FSR of 0.77:1 and No. 14 Wonderland Avenue DA 454/2003 was approved at FSR of 0.78:1). The numerical non-compliance with the floor space control is justified considering the steep topography of the site and siting of the existing house. The proposed building is also general consistent with adjoining development. However, the second floor area is not supported and it is recommended to be deleted. Elevated external decks & privacy The proposal provides for the following elevated decks:- 1. 2.7m deep and 14 square metres deck linked to the entry foyer facing north

(front) at second floor. 2. 1.5 m deep and 12.5 square metres deck off the main bedroom facing south

(rear) at ground floor. 3. 3.6m to 4.4m deep and 48 square metres deck off the first floor living and dining

areas facing south (rear) at first floor. It is to be noted that rear decks have proliferated on adjoining buildings, creating a situation in associations with a constrained subdivision pattern where privacy is minimal at the rear of properties on the low side of Wonderland Avenue (further west). In some instances to the west of the subject site, elevated deck has been built to the rear property boundary. This pattern of development in many respects establishes a low expectation for privacy between dwellings, in practice recent developments in the locality have traded privacy for access to views. The proposed deck at rear ground complies with Council’s deck controls. The minor non-compliance with the size of this deck off the main bedrooms at the ground floor is considered acceptable. The rear first floor deck is larger and does not comply with the controls (maximum 1.5 m width and 10 sqm area). Nevertheless, given the site’s context full compliance

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with Council’s control would be unreasonable and a more merit based approach to the assessment of this non-compliance is appropriate. Given that there is currently a large deck at first floor to the rear (facing Carlisle Street and the ocean), it is considered reasonable to have some outdoor space attached to the living area. It is recommended that the western side of this deck be reduced to a maximum depth of approximately 2 metres, so that it aligns with the rear building line of 6 Wonderland Avenue to the west. This will allow reasonable view sharing and still allow for a reasonable outdoor living area to the east side of first floor living area. The entry deck (from Wonderland Avenue) proposed to the front north elevation on the first floor is considered to be unnecessary and provide for unreasonable overlooking impacts (as it is close to adjoining yards and no privacy treatments have been proposed). This deck would add further bulk to the development and its deletion is considered, as is the whole of this level. Swimming pool / Privacy & noise The location of the 20m lap swimming pool from the rear yard to along the eastern side boundary is contrary to the noise generation and loss of privacy controls under WDCP 2006. The swimming pool will compromise the privacy/amenity of the adjacent dwellings because it is to be located adjacent to the central living and bedroom areas of the adjoining property at no 2 Wonderland Avenue. The swimming pool should not generally be located at the side of dwellings. It is also noted that the applicant has made no attempt to provide screening or adequate privacy or noise treatments surrounding the pool. Concerns are raised that the location of the pool will lead to greater noise transmission to adjacent properties from both daytime and night time pool activities. The lap pool element of the pool is recommended to be deleted. Fence The proposal provides for a solid front and rear boundary fence height of 1.8m at Carlisle Street and Wonderland Avenue. The proposed fencing height does not comply with Council’s fencing controls, which requires a maximum height of 1.2m. However given that there is an existing timber paling fence of approximately 1.6m at Wonderland Avenue front boundary on the site, the retention of the status quo in terms of fencing is recommended, given the coastal nature of the site.

2.1.4 Other Matters Character and Streetscape The locality has an excellent aspect to the south and south-east, where extensive views of the coast and Tamarama beach / gully / park are available. Surrounding development has historically capitalised on this aspect and building forms in the locality are generally bulky. The subject site is not listed as a heritage item or located within a conservation area. However there are two heritage items within the near vicinity of the development, which are L9 – Tamarama Park and A30 – Site of Wonderland Avenue and

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Aquarium, Tamarama Gully. Subject to the reduction as detailed above, it is considered that the proposed development will not have any adverse impact on the heritage significance of either of these heritage items, subject to conditions. The site is located above Tamarama Park and the proposed building sits well below the street (Wonderland Avenue). The building envelope proposed will not have an unreasonable impact on views subject to some variation in the proposed height (as discussed above). The proposed development subject to the deletion of the proposed second floor is supported as it will present a modern contemporary dwelling which will not be visible from Wonderland Avenue. The proposal would be sympathetic and consistent with the character of the surrounding context and precinct and comply with the aims and objectives of Council’s policies.

3 REFERRALS

3.2 Internal Traffic & Stormwater The application was referred to Council’s Technical Services who advised that on-site detention will be required to control any storm water discharge and further additional information required in relation to the driveway. The following comments were received from Council’s Technical Services:

“The applicant is to submit details of the proposed driveway prior to further consideration of this Development Application by Council’s Technical Services. Long sections along the both edges of the driveway are to be submitted to show the driveway can be constructed in accordance with Australian Standards 2890.1 Parking Facilities - Off Street Car Parking and satisfactory access can be provided to the proposed garage. The long sections are to be drawn at a scale of 1:25 and shall include Reduced Levels (RLs) of the road centreline, kerb, road reserve, and pavement within the property and garage floor. The RLs shall include the existing levels and the design levels.”

Should the application be approved, a condition is to be attached that the above matters are addressed to the satisfaction of Council’s Manager of Transport & Development. Public Domain/Tree Preservation The application was referred to Council’s Tree Officer. The following comments were received:

“There are no significant trees on the subject site or the adjoining sites which would be affected by the proposed works. There is one (1) Bangalow palm located at the rear which has been recommended for removal subject to replacement. The Nerium species (Oleanders) growing along the rear northern boundary are considered to be shrubs and therefore are not including under Council’s Tree Preservation Order. The landscape plan notes that removal and replacement.

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The landscape plan prepared by Geckobuild complies with the native content requirement and therefore can be used as the approved landscape plan.”

The application has been examined by Council’s Tree Officer and can be supported subject to standard conditions. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. It is considered that the application satisfies this section of the Act having regard to the above analysis. Section 79C(1)(c) - The suitability of the site for the development. The proposal generally complies with the provisions of DCP 2006 and is suitable for the site with some variations. The proposal is considered to satisfy this section of the Act having regard to the above analysis.

4. PUBLIC SUBMISSION The application was notified for 14 days in accordance with Waverley Development Control Plan 2006, Part C3 – Advertised and Notified Development. Fourteen (14) submissions were received and the issues raised in the submission are summarised and discussed below. Property Location Summary of Objections

2 Wonderland Av Adjoining (east) • Privacy 1/31 Carlisle St Two lots further

east • Retention of trees / Greenscape

3 Wonderland Av North • Height • 1.8m front fence • Retention of mature palms

Unit 1, 3, 5 & 6 / 7 Wonderland Av.

North • Loss of views • Character & streetscape • Height • Bulk & scale • Use of roof as entertaining area

5 Wonderland Av North • Height • 1.8 front fence • Retention of trees

6 Wonderland Av West • Inappropriate number of height poles • Character & streetscape • Walkway • Balcony • Incorrect calculations & documentation • Fences • Retention of trees • Height

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Property Location Summary of Objections

• FSR / bulk • Setbacks • Loss of views • Sympathetic Design • Privacy & Noise • Precedent

9 Wonderland Av To north west • height • Bulk / scale • Precedent • Loss of view • Use of roof as entertaining area

1/11 Wonderland Av To north west • height • Loss of view

U4 / 15 Wonderland Av To north west • Height • Precedent • Loss of property value

Issues The following provides an analysis of the issues raised. Height and FSR / bulk Refer to Section 2.1.3 (Waverley Development Control Plan 2006 – Height) in this report. Privacy and noise Concerns are raised from No 2 Wonderland Avenue regarding the windows along the eastern side of the development. The first floor plan proposed full height (large areas) of aluminium framed windows for combined living / dining rooms along the whole of the eastern side. Whilst this eastern side setback is 2.6m from the common boundary which is well above the required minimum of 0.9m under Council’s DCP, some concerns are raised at privacy and overlooking impacts to adjoining property. Should the application be approved, it is recommended that a deferred commencement condition be imposed requiring that the windows to the eastern elevation at first floor level of the dwelling shall be reduced to provide 50% solid wall surface and to moderate privacy impacts raised by neighbours to the east of the subject site. The deletion of the pool (as discussed above) will significantly reduce some of the privacy impacts. Refer to Section 2.1.3 (Waverley Development Control Plan 2006 – Swimming pool / Privacy) in this report. Character and streetscape Refer to Section 2.1.3 “Character & streetscape” in this report. Loss of views Comment - The site and the surrounding properties benefit from views of the Pacific Ocean and views of Tamarama Beach / headland to the south-east. The site is also

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located adjacent to and within the visual curtilage of Tamarama Park (a listed landscaped heritage item). There have been concerns raised by the neighbours to the north and west as to potential view loss as a result of the proposal. It should be noted that the properties which are the most affected would be at no. 6 Wonderland Avenue and the three storey residential flats directly across to the north and west of Wonderland Avenue. The applicant has provided at least three (3) height poles on the most northern side of the development at the proposed height, in order to allow Council to finalise assessment of this building. Photographs have been taken from the majority of the adjoining properties which indicate some view impacts from the dwellings / units across Wonderland Avenue. It is to be noted that Council’s view sharing objectives under Waverley DCP 2003 require that views are shared, providing equitable access to views from dwellings. This objective provides a general guide when assessing potential view loss. The views in question are both water views to the Pacific Ocean and limited land/water interface. The proposal would impact views directly to the south and east, predominantly resulting from the overall maximum proposed height of the proposal. It is acknowledged that some of these views are obtained over a side boundary, but it is considered that the irregular subdivision pattern and orientation of the proposed building must be taken into account in looking at the potential impacts. In assessing the reasonableness of the proposal, it is considered that view loss resulting from a non-compliant building height is unacceptable and the deletion of the second floor would improve views for the adjoining properties. Subject to a deferred commencement condition to delete the second floor, the degree of view impact is considered almost negligible or reasonable. Retention of trees Refer to Section 3.2 (Public Domain/Tree Preservation) in this report. Use of roof as entertaining area Comment – The applicant does not seek to use the roof area for deck or entertaining purposes. Conditions of consent would require the roof of the proposed development to be of a suitable material such that it does not result in unacceptable glare or reflection and the maximum height of the dwelling shall be restricted to RL 32.16. Precedent Comment – As previously outlined within the report, subject to deletion of the second storey it is considered that the proposed development is compatible in bulk and scale to surrounding development within the street. It is acknowledged that Wonderland Avenue is comprised of both medium density buildings of 4 storeys and low density buildings of 2-3 storeys. The subject site is adjoined by a three storey dwelling to the west and two storey detached dwelling to the east, however in other parts of the street there are evidence of larger residential flat buildings. The contemporary design of the proposed development is supported in this instance.

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Fence Refer to Section 2.1.3 (Waverley Development Control Plan 2006 – Fence) in this report. Loss of property value Comment – This aspect is not a planning issue. Height poles Comment – At least three (3) height poles have been provided by the applicant on the northern side of the building at the proposed height, in order to finalise assessment of the development. The height poles have been certified by a registered surveyor as accurately representing the height of the proposed development and are considered adequate. Walkway Comment – Concerns are raised that the elevated walkway from the entrance off Wonderland Avenue which runs the entire western side edge will have amenity impacts to the adjoining property at no. 6 Wonderland. It is to be noted that the elevated walkway will be adjacent to the adjoining property garage wall at no 6 Wonderland Avenue. However should the application be approved, it is recommended that the entry deck adjacent to the western side boundary (on the northern elevation) shall be deleted as discussed above in the report. Balconies / decks Comment – This aspect has been discussed above within the report. Incorrect calculations & documentation Comment – The applicant claims that the architect and planner can confirmed that the calculations provided on plans are correct and that the survey plans / documentation have been completed by a suitably qualified surveyor. The information submitted to Council is believed to be accurate and adequate in order to enable proper assessment of the application. Setbacks Comment – The application complies with the required setbacks requirements under Council’s WDCP 2006. This aspect has been discussed above within the report. Sympathetic Design Comment – The proposed development provide a residence of comparable bulk, form and contemporary architectural design to recent constructions which have been developed in Wonderland Avenue.

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Section 79C(1)(e) - The public interest. The proposal, subject to some variation to be addressed by conditions is acceptable, will not have an unreasonable impact on the surrounding area. The likely impacts of the development have been assessed earlier in this report.

5. DEVELOPMENT AND BUILDING UNIT REVIEW The DBU inspected the site (after height poles were installed) and noted that the Wonderland frontage of the site was overgrown and to a certain extent this vegetation would hide the development if it were retained, which is not the case. The part of the building most visible from Wonderland Avenue and above this street level is the second floor level. This level is also highly visible from the sides and to the north west of the site on the other side of Wonderland Avenue and would block significant coastal views. The deletion of this level and associated deck / elevated walkway is recommended and an alternative entry is to be provided to the first floor. There is adequate space for this modification but given there is a necessary redesign required deferred commencement consent is recommended. Some modifications to the rear first floor deck and pool are also recommended and will be included as deferred commencement matters. The DBU was also concerned with the excessive excavation of the site in the sub-floor and front yard area fronting Wonderland Avenue and a deferred commencement matter concerning moderation of the excavation is also recommended. The building as recommended for approval is considered to still be a substantial structure but it is considered reasonable in this context where there has been a consistent trend of older houses being redeveloped into what could be described as box–like, contemporary structures. This application addresses the emerging streetscape character in this part of Tamarama and, in this sense, will sit quite sympathetically on the south side of Tamarama Bay. The proposal is acceptable subject to the deferred commencement matters and conditions recommended.

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6. RECOMMENDATION

That Development Application No. 689/2009 at 4 Wonderland Avenue, Tamarama for demolition of existing dwelling and construction of a new three storey dwelling including double garage and pool be approved by Council, subject to the following conditions:- Deferred Commencement consent: That the Council grant deferred commencement consent in accordance with the provision of section 80(3) of the Environmental Planning and Assessment Act 1979. The consent is not to operate until the applicant has satisfied Council as to the following matters:

(a) The proposed Upper First Floor level (i.e. entry / study area / entry deck and elevated path) is not approved and shall be deleted. A revised entry off Wonderland Avenue providing for steps to the first floor level is required.

(b) The south facing decks off the first floor living area shall be reduced on its

western side to a maximum depth of approximately 2 metres, so that it aligns with the rear building line of 6 Wonderland Avenue to the west.

(c) The full height windows on the eastern elevation at first floor level of the

dwelling shall be reduced to provide 50% solid wall surface, windows should also be staggered to consider the potential redevelopment of 2 Wonderland Avenue and provide a suitable privacy treatment that focuses on the distant view of the coast.

(d) The excavation of the front yard to Wonderland Avenue is not approved, a

revised landscape plan is required whereby the natural topography of the ‘grassed landscape area is generally retained e.g. terraced.

(e) The proposed area for the rainwater tank excavated areas is to be reduced to

no greater than the rear building line above at ground floor level that is the two storey element of the subfloor is to be deleted and fill from excavation provided in this area.

(f) The lap swimming pool adjacent to the eastern side boundary is not

approved and shall be deleted. In this regard, the proposed plunge pool in the yard is permitted which is forward of the front building line to Wonderland Avenue.

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Upon satisfying Council as to the above matters, the following conditions apply:

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan Nos DA02B to DA06B inclusive prepared by Sebastini Design

Studio dated 22.06.09, and received by Council on 21.01.2010, except where amended by the following conditions of consent;

(b) Landscape Plan prepared by A. Rizzo dated 31.07.2009, and received by

Council on 24.12.09; and, (c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in

accordance with the SWRMP Checklist Part 1 of DCP 19.

2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) The BASIX certificate is to be modified to reflect the approved development. (b) Fencing to Wonderland Avenue is to have a maximum height of 1.6 m and to

Carlisle Street 1.2 m above street level. (c) A schedule of colour, material and finishes of the proposed development

cohesive to the setting and prominent hill side shall be submitted for Council's consideration and approval prior to the issue of the Construction Certificate. The schedule shall include details of proposed external walls and roofing materials in the form of either trade brochures or building samples. The schedule shall also include window fenestration and window frame colour details, as well as fencing, paving and balustrade details and guttering colour.

The amendments shall be submitted for the approval of Council prior to the issue of a construction certificate under the environmental Planning and Assessment Act 1979.

3. MAXIMIUM HEIGHT AND USE OF ROOF The roof of the proposed development is to be of a suitable non-reflective material and non-trafficable. The maximum height of the dwelling shall be restricted to RL 32.6.

4. USE OF DWELLING The premises are to be used as a single unit dwelling house.

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B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

5. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and the "Waverley Council Development Contributions Plan 2006” in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be

completed and submitted to Council:

1. Where the total development cost is less than $500,000: "Waverley Council Cost Summary Report"; or,

2. Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report".

A copy of the required format for the cost reports may be obtained from Waverley Council Chambers (First Floor) or downloaded from: www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

Waverley Council Development Contributions Plan 2006 may be inspected at Waverley Council Chambers, First Floor, Cnr Paul Street and Bondi Road, Bondi Junction. Advisory Note • A development valued at $100,000 or less will be exempt from the levy. • A development valued at $100,001 - $200,000 will attract a levy of 0.5%. • A development valued at $200,001 or more will attract a levy of 1% based on

the full cost of the development.

6. SWIMMING POOLS

he following requirements apply to the use and operation of the approved pool: T

) The pool water being treated by an approved water treatment and filtration unit. (a (b) The pool is to be fitted with a cover that shall be fitted when the pool is not in use

to minimise evaporation and conserve water. (c) To prevent noise nuisance to surrounding properties, the pool filtration motor and

pump unit is to be housed within a ventilated soundproof enclosure.

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7. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $10,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work. This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work.

8. LONG SERVICE LEVY A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

9. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited

Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) Principal Certifying Authority has been appointed and Council has been notified

of the appointment in accordance with Section 81A(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence

the building works. The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority.

10. HOARDING REQUIRED A standard A-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

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

12. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A site waste and recycling management plan (SWRMP) checklist 2 shall be submitted to the principal certifying authority for approval in accordance with part G1, Waverley DCP 2006 prior to the issue of the construction certificate, in this regard, council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP part 1 and 2 at all times during construction, at least one copy of the SWRMP is to be available on site at all times during construction copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

13. STORMWATER MANAGEMENT Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No. 2) - Part B, Clause 9.2, prior to the issue of a Construction Certificate.

14. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with structural works prior to the issue of a Construction Certificate.

15. CONSTRUCTION VEHICLE PLAN OF MANAGEMENT Submission of a "Construction Vehicle Plan of Management" for the routing and control of construction vehicles accessing and exiting the site. Such plan to address the hours of operation, the employees' vehicles, holding areas for vehicles wanting to access the site and truck works and provide a means of ensuring vehicular and pedestrian access to adjoining resident's properties for the duration of the works. The "Construction Vehicle Plan of Management" is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, remediation or construction on the site.

16. GEOTECHNICAL ENGINEERS REPORT A geotechnical report, regarding the stability of the subject site and stating that

damage should not occur to any adjoining premises as a result of the proposed bulk excavation, driven type piles and shoring works, is to be submitted to the Principal Certifying Authority, Council and the owners of adjoining premises. The report is to

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be submitted prior to the issue of a Construction Certificate and commencement of any such works on the site.

17. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate. Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.

18. FENCE NOT TO ENCROACH BEYOND BOUNDARIES No portion of the proposed fence or wall, including the footings, is to encroach beyond the boundaries of the subject property. Alternatively, documentary evidence that the owner of the adjoining property has no objection to the construction of the party fence wall on the common boundary between these properties is to be submitted to Council prior to the issue of a Construction Certificate.

19. BASIX The undertakings provided in the Basix Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate plans. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above Basix commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act, 1979.

20. USE OF RENEWABLE TIMBERS Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.

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21. TREE PLAN

Only trees with the approval of Council for removal may be removed from the site. Species Location Action 1 x Archontophoenix cunninghamiana (Bangalow palm)

rear setback eastern side of site

Removal and replacement

The replacement tree must be replaced with a local native tree species of a minimum container size of 45 litres and shall be maintained until they attain a mature height of at least four (4) metres, whereby they will be protected by Council’s Tree Preservation Order.

Trees shall not be tied to stakes unless support is essential. All advanced trees are to be planted in holes at least 450mm square and 450mm deep, containing good quality soil and humus. In lawn areas, grass is too kept back for a radius of at least 450mm from stems and trunks, a depression should be formed for the collection of water and the area mulched. Woodchip mulch is to be installed to a depth of 75-90mm to all mass planted garden areas and around the base of trees in lawn areas. The mulch should be kept at least 50mm away from plant stems to reduce the risk of collar rot. If the replacement trees are found to be faulty, damaged, dying or dead before being protected by Council’s Tree Preservation Order the tree/s shall be replaced with the same species at no cost to Council.

22. DETAILS OF DRIVEWAY Long sections along the both edges of the driveway are to be submitted to show the driveway can be constructed in accordance with Australian Standards 2890.1 Parking Facilities - Off Street Car Parking and satisfactory access can be provided to the proposed garage. The long sections are to be drawn at a scale of 1:25 and shall include Reduced Levels (RLs) of the road centreline, kerb, road reserve, and pavement within the property and garage floor to the satisfaction of Council’s Manager of Traffic & Development. The RLs on plans shall include the existing levels and the design levels.

23. DILAPIDATION REPORT

A dilapidation report prepared by a practising Structural Engineer shall be submitted to the Principal Certifying Authority, Council and the owners of the adjoining properties prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external), including ancillary structures located upon the adjoining properties provided to the satisfaction of the Principal Certifying Authority prior to the issue of the Construction Certificate.

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C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

24. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to

do, or intends to do, work ; or (b) the name and permit number of the owner/builder who intends to do the work;

and (c) any change to these arrangements for doing of the work.

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

26. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

27. EXCAVATION AND BACKFILLING All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

28. EXCAVATION BELOW FOOTINGS If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and (b) if necessary, must underpin and support the building in an approved manner;

and (c) must, at least seven days before excavating below the level of the base of the

footings of a building on an adjoining allotment of land, give notice of intention to

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do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

29. OBSTRUCTION TO PUBLIC AREAS

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

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

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

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

the purpose it was provided.

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

31. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

32. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated

with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with

the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and

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(d) describe the disposal methods for hazardous materials.

33. DEMOLITION & SITE PREPARATION Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the DEC, and with the provisions of: (a) New South Wales Occupational Health and Safety Act, 2000; (b) The Occupational Health and Safety (Hazardous Substances) Regulation 2001; (c) The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001; (d) Protection of the Environment Operations Act 1997 (NSW) and (e) DEC's Environmental Guidelines; Assessment, Classification and Management

of Liquid and Non Liquid Wastes (1999).

34. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW.

35. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

36. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

37. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

38. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on: (a) The Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and (c) On the Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

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Noise from construction activities shall comply with the Protection of the Environment Operations (Noise Control) Regulation 2000.

39. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS AND NOT EXCEEDING 26 WEEKS The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.

40. BUILDING CODE OF AUSTRALIA All building work must be carried out in accordance with the requirements of the Building Code of Australia.

41. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (DWELLING HOUSES CLASS 1 AND 10) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 1 and 10 building: (a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation

Certificate being issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including

beams and columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and

walls); and (g) swimming pool fencing prior to filling the pool.

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Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

42. TREE PRESERVATION A tree preservation order exists in Waverley. Before any site can be developed, an application must be made in writing to Council prior to removal of tree/trees. Should permission be granted, the applicant will receive a permit to proceed.

43. CONSTRUCTION OF SWIMMING POOLS The following applies to the construction of swimming pools: (a) Reinforcement is to be inspected by an Accredited Officer or other suitably

qualified person prior to the pouring of concrete; (b) The electrical wiring system for any proposed underwater artificial lighting

installation to the pool being installed in accordance with the requirements of Australian Standard 3000, Part 1 - Wiring Rules;

(c) The finished level of the proposed pool is not to exceed a maximum height of RL

70.7. (d) To minimise the likelihood of accidental drowning, the swimming pool is to be

provided with a child resistant safety fence, designed and constructed in accordance with the requirements of Australian Standard 1926-1993 "Fencing for Private Swimming Pools". This fencing is to be erected and inspected by the Principal Certifying Authority prior to the pool being filled with water; and

(e) A final inspection of the completed pool is to be carried out by the Principal

Certifying Authority prior to the pool being filled with water.

44. POOL DRAINAGE Waste waters from the proposed pool being discharged into Sydney Water's sewerage system and in this regard, approved plans MUST be submitted to Sydney Water at least fourteen (14) days prior to commencement of building operations.

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

46. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.

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47. SMOKE ALARM SYSTEM

A smoke alarm system is to be installed within the building in accordance with the requirements of the Building Code of Australia.

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

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

50. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER Bulk excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

51. FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

52. POOL SIGN An approved sign outlining details of resuscitation techniques for adults, children and infants must be placed in a prominent position, close to the pool prior to filling the pool with water. Signs are available from Council's Planning & Environmental Services Department.

53. INSPECTION OF POOL A final inspection of the completed pool is to be carried out by the Principal Certifying Authority prior to the pool being filled with water.

54. LANDSCAPE PLAN The site is to be landscaped in accordance with the approved landscaped plan prepared by Geckobuild, dated 31.07.2009 with the landscape works completed prior to the issue of the Occupation Certificate.

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55. LIGHTING

Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting. J:\HOME\PES\reports\South Team\Philip Bull\DCC2010\may\4 Wonderland (DA 689.09).doc

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