kogarah city council · page 3 regular council meeting 23 february 2015 item d1 (cont.) regular...

Kogarah City Council

19 February 2015

REGULAR COUNCIL MEETING

Council will hold its next Regular Council Meeting in the Council Chambers, 2 Belgrave Street, Kogarah on Monday, 23 February 2015, commencing at 7:00pm. I enclose your Agenda for the Meeting.

Paul Woods General Manager

National Anthem

Opening Prayer 6.55pm – Reverend Mee Ping Lau – St Paul’s Anglican Church AGENDA:

A. Apologies

B. Disclosures of Interest

C. Adjournment for Public Forum [Ordinary Public Forum will be dealt

with here]

D. Development Assessment Reports [Including Speakers for Development

Assessment]

D1. No. 699 Princes Highway, Blakehurst - Development Application No. 193/2014 - Demolition of existing dwelling and construction of thirteen (13) townhouses and strata subdivision - Mr P Akkari (Applicant) - Ms A & Mr A & Ms L Neocleous (Owners) - Middle Ward - Annexure ................................. 1

D2. No.'s 20-22 Bembridge Street, Carlton - Development Application No.

300/2014 - Demolition of two (2) dwellings and construction of four (4) storey residential flat building and strata subdivision - Mr William Karavelas (Applicant) - Mr N.J. Sarraf (Owner) - East Ward - Annexure .......... 41

E. Confirmation of Minutes

E1. Regular Council Meeting 8 December 2014

F. Mayoral Reports


F1. New South Wales Government's Local Government Reform Program - 'Fit For The Future' .................................................................................................... 80

F2. Promoting Better Practice Review ...................................................................... 82 F3. SES Building, Carlton - Roof and Pavement Upgrade ........................................ 84

G. Consideration of Working Party and Committee Recommendations

G1. Adoption of the Minutes of the Community Development and Access

Working Party Meeting of 2 February 2015 ................................................... 86

G1.1 Aged and Disability Services Update ................................................. 87

G1.2 International Women's Day ................................................................. 88

G1.3 Youth Activities and Projects.............................................................. 88

G1.4 2015 Life Festival - A Festival of Life in Kogarah ............................. 88

G1.5 Cultural Activities and Projects .......................................................... 88

G1.6 Cultural & Cuisine Festival ................................................................. 89

G2. Adoption of the Minutes of the Traffic Committee Meeting of

3 February 2015 ................................................................................................. 90

G2.1 1425 - Progress of Matters Report ...................................................... 91

G2.2 2762 - Jubilee Oval Traffic Management Plan 2015 - UBD 294 F8 ........................................................................................................ 92

G2.3 2763 - Shaw Street, Kogarah - Proposed Linemarking - UBD 294 H8 ........................................................................................................ 92

G2.4 2764 - George Street, South Hurstville - Proposed 'No Parking' zone - UBD 293 P10 ........................................................................... 92

G2.5 2765 - Targo Road, Ramsgate - Proposed 'Works Zone' - UBD 294 H13 ............................................................................................... 93

G2.6 2767 - Hurstville Road, Oatley - Proposed Sign Changes - UBD 293 B10. .............................................................................................. 93

G2.7 2768 - Judd Street, Penshurst - Proposed Linemarking - UBD 293 E8 ........................................................................................................ 93

G2.8 2769 - Bogie Lane, Hurstville - Proposed Sign Changes - UBD 293P7 .................................................................................................. 94

G2.9 2770 - Targo Road, Ramsgate - Proposed 'No Parking' zone - UBD 294 H13 ..................................................................................... 94

G2.10 2771 - Belgrave Street, Kogarah - Request for Temporary Road Closure - UBD 294 G5 ........................................................................ 94

G3. Adoption of the Minutes of the Governance and Corporate Services

Working Party Meeting of 16 February 2015 ................................................. 96

G3.1 Audit Committee - Minutes of Meeting 21 November 2014 .............. 97

G3.2 SSROC Pest Control Tender ............................................................... 98


G3.3 Tree Pruning and Stump Grinding Services........................................ 98

G3.4 Monthly Budget Reviews for November 2014, December 2014 and January 2015 and Quarterly Budget Review Statement to 31 December 2014 ................................................................................... 99

G3.5 Staff Movements ................................................................................. 99

G4. Adoption of the Minutes of the Planning and Environmental Services

Working Party Meeting of 16 February 2015 ............................................... 100

G4.1 Overview of the NSW State Government's 'A Plan for Growing Sydney' .............................................................................................. 102

G4.2 Proposed Voluntary Planning Agreement for No.'s 12-22 Woniora Road, Hurstville ................................................................. 102

G4.3 Kogarah Local Environmental Plan - Amendment No. 2 - Exhibition of Planning Proposal for New City Plan ......................... 103

H. Notices of Motion of Rescission

I. Reports from Officers

I1. Petitions Received ............................................................................................. 104 I2. Delivery Program 2013 - 2017 - Operational Plan 2014/15 - Half Yearly

Review (1 July 2014 - 31 December 2014). ...................................................... 105

J. Motions of Which Notice Has Been Given

J1. Pacific Avenue, Penshurst - Christmas Street Parties ....................................... 107 J2. Derby Street Car Park - Directional Signage and Parking Guidance System ... 108

K. Reports from Council Delegates

L. General Business

M. Closed Session

REGULAR COUNCIL MEETING 23 February 2015

Regular Council Meeting Page 1

Item D1: No. 699 Princes Highway, Blakehurst - Development Application

No. 193/2014 - Demolition of existing dwelling and construction of

thirteen (13) townhouses and strata subdivision - Mr P Akkari

(Applicant) - Ms A & Mr A & Ms L Neocleous (Owners) - Middle

Ward - Annexure

Author: Rod Logan - Director Planning and Environmental Services (BL)

Reason for report: Unresolved objections and non-compliances.

Recommendation:

a) That Council as the Consent Authority pursuant to Section 80(1)(a) Environmental

Planning and Assessment Act 1979, grant consent to Development Application No. 193/2014 for the demolition of existing dwelling and construction of thirteen (13) townhouses and strata subdivision at No. 699 Princes Highway, Blakehurst subject to conditions, including:

SECTION A – General Conditions

The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent. (1) Approved Plans of Consent

The development must be implemented in accordance with the approved plans,

specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

(i) Architectural plans prepared by Urbana, Project No. 14URB/699PRI, Drawing

Nos. DA.02, DA.03, DA.04, DA.05, DA.06, DA.07, DA.08, DA.09, DA.10, DA.11 DA.12, DA.13, DA.14, Issue C, dated November 2014.

(ii) Landscape plans prepared by Urbana, Project No. 14URB/699PRI, Drawing

No. DA030, dated by Council 3/2/2015. (iii) Stormwater plans prepared by GEC Consulting Pty Ltd, Job No.14107,

Drawing No.’s SW01, SW02, SW03, Issue C, dated 30/10/2014. SECTION B – Prior to the Issue of a Construction Certificate Conditions

The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate. A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate.


Item D1 (cont.)


(2) Asset & Building Fees

Payment of the following amounts as detailed below:

• Restoration Deposit of $41,610.00

• *Builders Long Service Levy of $14,245.00

• Driveway and Restoration Works Design Inspection Fee of $ 2,080.00

• Asset Inspection Fee of $ 105.00

*Note: The Builders Long Service Levy quoted is based on the market value of the proposed building works and the Levy Rate applicable at the time of assessing the Development Application and may be subject to change prior to payment.

(3) Restoration Deposit

A deposit of $41,610.00 shall be lodged with Council to ensure the completion of the following works to be completed at the applicant's expense

* Construction of new kerb and gutter across all street frontages of the site. * Construction of new footpath across all street frontages of the site. * All associated road pavement restorations. * Installation of turf as required across all street frontages.

These works are to be in accordance with plans and specifications to be issued by Council.

(4) Section 94 Index

Section 94 Contributions are to be paid as detailed below in the following condition, and until paid all contributions will be indexed four (4) times a year (on the following dates) to allow for the cost increases: 31 January, 30 April, 31 July and 31 October.

(5) Section 94 Contributions

As at the date of Development Consent the following contributions have been levied on the subject development under Section 94 of the Environmental Planning and Assessment Act, 1979 and the nominated Section 94 Contributions Plans:

No.1 – Roads and Traffic Management – Residential $ 368.10 No.5 – Open Space 2007 $152,906.19 No.9 – Kogarah Libraries – Buildings $ 3,783.00 No.9 – Kogarah Libraries – Books $ 2,697.24 Ramsgate Commercial Centre Contributions Plan $ TOTAL

$159,754.53

Any of the above Section 94 Contributions Plans may be inspected at the Kogarah Council Customer Service Centre, 2 Belgrave Street, Kogarah.


Item D1 (cont.)


(6) Dilapidation Report

Prior to issue of any construction certificate or commencement of any demolition or earth works on site, the applicant shall submit, for acceptance by the Principal Certifying Authority (PCA), with a copy forwarded to Council where Council is not the PCA, a full dilapidation report on the visible and structural condition of the following properties; (i) All neighbouring buildings likely to be affected by the excavation as

determined by the consulting engineer. The report must be completed by a suitably qualified consulting structural/ geotechnical engineer as determined necessary by that professional based on the excavations for the proposal, the subsoil conditions and any recommendations of a geotechnical report for the site. The report shall have regard to protecting the applicant from spurious claims for structural damage and shall be verified by all stakeholders as far as practicable.” Reports relating to properties that refuse access to carry out inspections to complete the dilapidation report, after being given reasonable written notice to request access (at least 14 days) at a reasonable time (8.00am-6.00pm), are not to hold up the release of the Construction Certificate.

(7) Soil and Water Management

A Soil and Water Management Control Plan, incorporating contour levels and prepared in accordance with Environmental Site Management Policy shall be submitted to Council detailing all measures to control soil erosion and sedimentation runoff from the site during excavation and construction activities.

(8) Adaptable Housing Compliance

The proposed development including the two (2) nominated adaptable units shall comply with the adaptable housing provisions of AS4299 – Adaptable Housing and AS1498 – Access and Mobility (Parts 1 and 2). The Adaptable Housing checklist and circulation diagram demonstrating compliance shall be submitted.

(9) Disabled Access

Disabled access shall be provided to the ground floor level of all townhouses from Princes Highway in accordance with the provisions of AS 1428 – Access and Mobility.

(10) Noise from road

To minimise the impact of traffic noise from the adjoining major road on the occupants, the proposed development constructed in accordance with the recommendation of the acoustic report ref No. 2014-350 prepared by Domeniki Tsagaris from Acoustic Noise & Vibration Solutions P/L, titled “Acoustic Report –

Traffic Noise for proposed development at No. 699 Princes Highway Blakehurst” submitted on 19 August 2014 as a part of the development application.


Item D1 (cont.)


(11) Ausgrid Conduits

A copy of Ausgrid’s written requirements are to be forwarded to Council with regard to the laying of underground low voltage electricity conduits within the footpath area across the development site. Ausgrid will supply the conduits at no charge, subject to the applicant restoring the footpath after the installation and these provisions are to be put into affect prior to the release of the Occupation Certificate.

(12) Ausgrid Sub Station

The applicant is to confer with Ausgrid to determine if an electricity distribution substation is required. If so, shall be incorporated within the Construction Certificate and it will be necessary for the final film survey plan to be endorsed with an area having dimensions 5m x 4m over the location of the proposed electricity distribution substation to be dedicated to Council as public roadway, or as otherwise agreed with Ausgrid. Ausgrid’s requirements are to be met prior to release of the occupation certificate.

(13) Clearances to Overhead Mains

If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, the applicant is to confer with Ausgrid to determine if satisfactory clearances to any existing overhead mains will be affected. If so, the applicant is to make arrangements with Ausgrid for any necessary modification to the electrical network in question.

These works to be at the applicant’s expense and Ausgrid’s requirements are to be met prior to actual construction commencing on site or as agreed with Ausgrid.

(14) Sydney Water (DA Only)

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

• Quick Check agents details - see Building Developing and plumbing then Quick Check; and

• Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building Developing and Plumbing then Building and Renovating or telephone 13 20 92.

(15) Deletion of rear pedestrian access via right of carriageway to Hatfield Street

No access is permitted to the site via the right of way over No.18 Hatfield Street. Any reference to the use of the rear right of carriageway to Hatfield Street via No.18 Hatfield Street from the site shall be deleted from all plans. The rear fence shall be constructed without any rear access gates and landscaped in the rear northwest corner of the site.


Item D1 (cont.)


(16) Construction Management Plan

Prior to the issue of a construction certificate, any demolition or earthworks on the site, the applicant shall submit to Council a construction management plan detailing the following:

- Demonstration that vehicular and pedestrian access along Princes Highway will

be maintained. If not a Road Occupancy Licence is to be obtained from Roads and Maritime Services.

- Location of loading and unloading areas for trucks.

Parking areas for tradesmen and other construction vehicles. (17) Stormwater Connection Approval from Roads and Maritime Services

Stormwater from the site is designed to discharge to the Princes Highway. The applicant shall obtain written approval from the Roads and Maritime Services with regard to this stormwater connection and comply with all their requirements. That approval and all related plans and correspondence are to be provided to Council prior to issuing of a Construction Certificate.

SECTION C – Prior to Commencement of Construction Conditions

The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site. (18) Geotechnical Report

Excavation of the site is to extend only to that area required for building works

depicted upon the approved plans. All excess excavated material shall be removed from the site. In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot.

No rock breaking or other machinery for the excavation, drilling, cutting or removal

of rock shall be used on the site prior to the acceptance by the principal certifying authority of the following documentation:

(i) A report by a geotechnical engineer detailing the measures recommended in

undertaking the works so as to prevent damage to any adjoining or nearby buildings.

(ii) The type and size of machinery proposed. (iii) The routes of all trucks to convey material to and from the site.

(19) Detailed Stormwater Plan

The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.


Item D1 (cont.)


A Stormwater Detailed Plan and supporting information of the proposed on-site stormwater management system including any measures to control quality and quantity of the stormwater runoff discharged from the site are to be submitted. The required details in this Plan and the relevant checklist are presented in Council’s Water Management Policy. The design parameters and the general concept of the proposed on-site stormwater management system are to be the same as documented in the approved Stormwater Concept Plan for the proposed development. Any variation to the approved concept design is required to be justified and supported by appropriate details, calculations and information to allow proper assessment of the revised concept design.

(20) Certification of Detailed Plan

The detailed stormwater plan is to be certified by a Chartered Professional Engineer. A statement, that the stormwater system has been designed in accordance with Council’s Water Management Policy and satisfies the provisions and objectives of that policy, must be included in the Stormwater Detailed Plan.

(21) Rainwater Tank – Required for other than BASIX.

A 10400L rainwater tank (or 800L per dwelling) for rainwater storage and reuse is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow from the tank is to be directed to the site drainage system. The mains top-up system is to be installed according to Sydney Water’s guidelines entitled Guidelines for rainwater tank on residential properties: Plumbing

Requirements April 2003 and its amendment November 2003. (22) On-Site Detention

A 61.6m3 On-Site Detention system with a Maximum Site Discharge as nominated by RMS is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

(23) Certification by Mechanical Engineer

To ensure that adequate provision is made for ventilation of the building, mechanical and /or natural ventilation shall be provided. These systems shall be designed in accordance with the provisions of:-

a) The Building Code of Australia; b) Australian Standard AS 1668 Part 1 - 1998; c) Australian Standard AS 1668 Part 2 - 2002; d) The Public Health Act 1991; e) The Public Health (Microbial Control) Regulation 2000; f) Australian Standard 3666.1 - 2002; g) Australian Standard 3666.2 - 2002; h) Australian Standard 3666.3 - 2000.


Item D1 (cont.)


Details of all mechanical and /or natural ventilation systems, along with specific certification, provided by an appropriately qualified person, verifying compliance with the abovementioned requirements.

(24) Structural Engineer’s Details

Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns & other structural members. The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

A copy shall be forwarded to Council where Council is not the PCA.

(25) Tree Protection

Prior to the commencement of any works on the site the tree protection measures required for the established Tree Protection Zone (TPZ) of the trees to be retained shall be installed in accordance with Section 4 - Australian Standard AS 4970-2009 -

Protection of trees on development sites.

Unless otherwise specified in AS 4970-2009 a protective fence consisting of 1.8m high fully supported chainmesh shall be erected around the base of the tree. The distance of the fence from the base of each tree is to be in accordance with the TPZ listed below. A layer of organic mulch 100 millimetres thick shall be placed over the protected area and no soil or fill should be placed within the protection area.

There shall be no services installed within the drip line TPZ of the tree. This fence shall be kept in place during demolition, construction and also have a sign displaying “Tree Protection Zone” attached to the fence, this must also include the name and contact details of the Project Arborist.

(26) Tree Retention – Arborist Report

The trees identified for retention in the Arborist Report prepared by Jacksons Nature

Works and dated 6 November and 9 December 2014 and listed below shall be protected in accordance with the above report and the requirements of Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

Tree Species Location of Tree/Tree No TPZ

Eucalyptus botryiodes 18 Hatfield Street/ Tree 1 2.4 metres

Angophora costata 18 Hatfield Street/ Tree 2 4.8 metres

Olea europa 18 Hatfield Street/ Tree 3 3.0 metres

Acacia floribunda 18 Hatfield Street/ Tree 4 2.0 metres

Corymbia citriodora 18 Hatfield Street/ Tree 5 5.4metres

Pittosporum undalatum

18 Hatfield Street/ Tree 6 3.6 metres

Celtis occidentalis 14 Hatfield Street/ Tree 7 6.0metres

Syagrus romanzoffiana

14 Hatfield Street/ Tree 8 3.6 metres

Olea europa 12A Hatfield Street/ Tree 9 2.0 metres


Item D1 (cont.)


Jacaranda mimsoiflia 12A Hatfield Street/ Tree 10 3.3 metres

Celtis occidentalis 12A Hatfield Street/ Tree 11 3.6 metres

Angophora costata 699 Princes Highway/ Tree 12

9.0 metres

Grevillea robusta 18A Hatfield Street/ Tree 13 3.6 metres

(27) Protection of Site – Hoarding

A hoarding or fence must be erected between the work site and the public place if:

• the work involved in the erection or demolition of a building is likely to cause obstruction or inconvenience to pedestrian or vehicular traffic in a public place; or

• if it involves the enclosure of a public place.

If necessary an awning is to be erected which is sufficient to prevent any substance from or in connection with the work from falling into a public place.

Any such hoarding, fence or awning is to be removed when the work has been completed.

If the work site is likely to be hazardous to persons in a public place, it must be kept lit between sunset and sunrise.

(28) Ground Anchors

Should the proposed development require the installation of ground anchors to a road reserve the following must be complied with:

• The appropriate Roads Act 1993 approvals shall be obtained.

• The anchoring is to be de-stressed once no longer required.

• The work is to be clear of all services contained within the public roadway and the required dial before you dig investigations are to be undertaken in relation to any services that may be in the proposed anchor locations.

• Public liability insurances being held by the builder/ developer with a copy being submitted to Council.

• A works-as-executed plan showing the exact location of all anchoring points being submitted to Council upon their installation.

It is to be noted that if anchoring into adjacent private properties is required any such approval would need to be obtained from the owners of this property.

(29) Driveway

In respect to vehicular access to the proposed development the gutter crossing and driveway are to be reconstructed between the kerb and street alignment to Council’s specifications.

In this regard a separate driveway application is to be lodged with Council for works outside the property boundary. Furthermore the design boundary level is to be received from Council prior to construction of the internal driveway.


Item D1 (cont.)


(30) Council Infrastructure Inspection

Prior to the commencement of any works an authorised representative of the applicant is to organise and attend a meeting on site with Council’s Infrastructure Compliance Co-ordinator to discuss protection of Council’s infrastructure. To organise this meeting contact Council’s Customer Service Centre on 9330 9400.

(31) Public Liability Insurance

All nominated contractors / applicants carrying out driveway and/or restoration works on Council property must carry public liability insurance with a minimum cover of twenty million dollars ($20,000,000.00). In this regard, prior to commencement of works, the principal contractor is to lodge an “Application for the Construction of Work by Private Contractor” to Council, which includes submitting evidence of their current insurance. The principal contractor must ensure that sub-contractors are also adequately insured.

(32) Soil Erosion Controls

Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Environmental Site Management Policy and any approved Soil & Water Management Plan and shall incorporate:

• Measures to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways;

• Controls to prevent tracking of sand, soil, aggregates etc, by vehicles onto adjoining roadways.

SECTION D – Construction and Operational Conditions

The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use. (33) Health and Public Nuisance

The use of the premises shall not give rise to an environmental health nuisance to the adjoining or nearby premises and environment. There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment

Operations Act 1997 and Regulations. The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage other premises.


Item D1 (cont.)


(34) Inspections - Multi Unit

The following lists of inspections are the MANDATORY CRITICAL STAGE

INSPECTIONS that MUST be carried out by the Principal Certifying Authority (PCA).

(a) at the commencement of building works (b) prior to covering waterproofing in any wet areas, for a minimum of 10% of

rooms with wet areas within a building, and (c) prior to covering any stormwater drainage connections, and (d) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Certificates from your engineer or subcontractor are NOT acceptable in the first instance for the above inspections. Failure to have your PCA carry out these inspections could result in a delay or refusal to issue an Occupation Certificate.

In addition to the above, it is recommended that the following inspections be carried out for the subject development;

� Erosion Control

� Earthworks/Excavation

� Building setout

� Concrete reinforcement

� Timber and/or steel framework

� Mechanical/Hydraulic work

� Driveways

� Landscaping

� External Finishes

(35) Storage of materials on Public Road

All building materials or waste containers must be stored within the confines of the site. The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

(36) Use of Crane on Public Road

Prior approval must be obtained from Council a minimum of 24 hours before the use on any site of a crane, hoist or similar machinery that will be used to transfer materials across Council’s footpath. This includes cranes that are situated on roadways, footpaths and road reserves.

Any application for approval must be accompanied by the following information:-

• Site sketch indicating the proposed location of the crane, pedestrian controls and traffic controls;


Item D1 (cont.)


• A copy of current public liability insurance indemnifying Council in the event of an incident;

• A copy of an RTA accredited traffic control plan;

• Proof that the local area command of the NSW Police have been advised of the proposal.

The use of a crane, hoist or similar machinery on any site without prior approval is prohibited.

(37) Building Height - Surveyors Certificate

The proposed building is not to be erected at a height greater than that indicated on the approved plan. A certificate from a Registered Surveyor verifying the correct Reduced Level of the ground floor slab and boundary clearances shall be submitted prior to inspection of the steel reinforcement.

(38) Excavation of Site

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site. In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot (details are available from Council).

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

If the soil conditions require it, retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage

(39) Storm Water to Kerb

Any stormwater connections to the kerb and gutter are to be in accordance with Kogarah Council's 'Specification for Construction by Private Contractors'.

(40) Redundant Driveway

All existing vehicular crossings adjacent to the subject premises that have become redundant shall be removed and the footway and kerb and gutter reinstated at the developer/applicants expense.


Item D1 (cont.)


(41) Work within Road Reserve

A Development Consent or any related Construction Certificate does not allow for any form of road or footpath opening to be made external to the subject property boundary. Should such an opening be required a separate approval under S138 of the Road Act 1993 must be granted by Council prior to the commencement of any works within the road reserve. Applications may be made at Council’s Customer Service Centre.

(42) Damage within Road Reserve & Council Assets

The applicant shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site. This may include works by Public Utility Authorities in the course of providing services to the site.

(43) Public Utility & Telecommunication Assets

The applicant shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines & cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.

(44) Stormwater Drainage

All roof water and surface water from paved or concreted areas being disposed of to the street gutter by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3.2. The line must pass through a silt arrestor pit, a standard design is available within Council’s Water Management Policy.

(45) Garbage Room

The proposed garbage room being provided with the following:-

a) A smooth concrete floor graded and drained to a floor waste connected to the sewer of the Water Board.

b) The walls being cement rendered with the intersection of the walls and floor

being coved to a radius of not less than 25mm. c) The door being close fitting to prevent the access of rats and mice. d) A cold water hose cock being provided for the cleaning of containers and the

room itself. e) Ventilation being provided by means of direct connection to the outside air to

the satisfaction of Council. f) A sign, minimum size 600mm x 600mm, directing residents not to place

recyclables in garbage carts and encouraging residents to recycle. Details of an acceptable wording for the sign are available from Council.


Item D1 (cont.)


(46) Hours of Construction

Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

(47) Restriction on Hours of Excavation (other than single residential dwelling)

Despite the general hours of construction above,

a) The hours where rock breaking, cutting, hammering and drilling occur shall be

limited to 9:00am – 4:00pm on weekdays only. b) A noise management plan for the above works, prepared by a suitably

qualified acoustical practitioner in accordance with the Interim Noise Construction Guidelines prepared by the Department of Environment & Climate Change NSW, must be submitted to Council prior to commencement of any excavation works.

(48) Provision of Amenities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons or part of twenty (20) persons employed at the site or as specified by Workcover requirements .

• each toilet provided must be a standard flushing toilet and must be connected:

• to a public sewer; or

• if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council; or

• if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities must be completed before any other work is commenced.

(49) Letter Boxes

Suitable letter box facilities (including Owner's Corporation in the case of strata units) shall be provided in accordance with Australia Post specifications.

(50) Avoid Annoyance from lighting

Any lighting of the premises shall be installed in accordance with Australian Standard AS 4282 – 1997: Control of the Obtrusive Effects of Outdoor Lighting so as to avoid annoyance to the occupants of adjoining premises or glare to motorists on nearby roads. Flashing, moving or intermittent lights or signs are prohibited. The intensity, colour or hours of illumination of the lights shall be varied at Council’s discretion if Council considers there to be adverse effects on the amenity of the area.


Item D1 (cont.)


(51) Car Wash

To ensure that waste water is treated in an acceptable manner the car wash bay shall be designed and constructed to ensure that waste water is discharged to the sewer in accordance with the requirements of Sydney Water. Evidence of a permit issued by Sydney Water shall be submitted.

(52) Basix Certificate Details – DA Only

Construction of building works given Development Consent must be carried out in accordance with a valid and current BASIX certificate and all required commitments must be satisfied.

(53) Air Conditioning / Offensive Noise

Air conditioning plant and equipment shall be installed and operated so as to not create an offensive noise as defined under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Noise Control) Regulation 2008.

(54) Building Finishes

The building finishes are to be constructed in accordance with the colour board and perspective submitted with the Development Application.

(55) Off Street Parking

A minimum of thirty-eight (38) off street car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans. These spaces shall be allocated as follows:

a) Thirty-five (35) spaces are to be allocated to the residential units. b) Three (3) spaces are to be allocated as visitor parking spaces.

(56) Tree Protection - Excavation

Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not adversely be affected. Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become compromised by any excavation works, the Project Arborist shall be consulted to establish the position of any major roots and determine the necessary measures to protect these roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place. Tree Protection Zone (TPZ) around the trees to be retained are not to have soil level changes or services installed in this area. Any structures proposed to be built in this area of the trees are to utilise pier and beam or cantilevered slab construction.


Item D1 (cont.)


(57) Tree Removal

The trees identified in the table below may be removed:

Tree Species Location on Site/Tree No Work Required

Glochidion ferdinandi 699 Princes Highway/ Tree 12 A

Removal

Celtis occidentalis 699 Princes Highway/ Tree 12 B

Removal

Celtis occidentalis 699 Princes Highway/ Tree 12 C

Removal

All tree removals are to be carried out by a certified Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees) and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

No trees are to be removed on the site or neighbouring properties without the prior written approval of Council.

(58) Tree Replacement

Three (3) indigenous canopy trees are to be planted within the subject site and not within 3 metres of any existing or proposed structures. The replacement tree/s should have a minimum pot size of 75 litres.

All replacement trees are to be planted, protected and maintained prior to the issue of the final occupation certificate.

(59) Width of Driveways The entry and exit driveways to the site shall each have a width of five (5) metres. (60) No Trees are to Removed, Pruned or Damaged No trees are to be removed, pruned or damaged on site or neighbouring properties

unless there is written approval from Council in accordance with Clause 5.9 of KLEP 2012.

SECTION E – Prior to Occupation or Subdivision Certificate Conditions

The conditions that follow in this Section E of the Notice of Determination relate to conditions that ensure that the development is completed in accordance with the requirements of the Development Consent prior to the issue of either an Occupation Certificate or a Subdivision Certificate.


Item D1 (cont.)


(61) Adaptable Housing Certification

Certification shall be provided by a person suitably accredited by the Association of Consultants in Access Australia, verifying that the development has been constructed in accordance with the requirements of AS4299 - Adaptable Housing and AS1428 - Design for Access and Mobility and in accordance with the report and checklist submitted with the Construction Certificate.

(62) Completion of Landscaping

Certification shall be provided from a suitably qualified and experienced Landscape Designer or Landscape Architect. This Certification shall verify that the landscape works have been completed in accordance with the approved detailed landscape plan and relevant conditions of this consent.

Note: A Landscape Designer is a person eligible for membership of the Australian

Institute of Landscape Designers and Managers and a Landscape Architect is a person eligible for membership of the Australian Institute of Landscape Architects as a Registered Landscape Architect

(63) Acoustic Validation

A report prepared by accredited Acoustic Consultant shall be submitted to Principle Certifying Authority (PCA) certifying that the development complies with the requirements of the State Environmental Planning Policy (Infrastructure) 2007, acoustic conditions of development consent and recommendations of the acoustic report ref No. 2014-350 prepared by Domeniki Tsagaris from Acoustic Noise & Vibration Solutions P/L, titled “Acoustic Report – Traffic Noise for proposed

development at No. 699 Princes Highway Blakehurst” submitted on 19 August 2014. The acoustic report shall include post construction validation test results.

(64) Section 73 Compliance Certificate

A Section 73 Compliance Certificate under the Sydney Water Act, 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under “Developing Your Land” or telephone 13 20 92 for assistance.

Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, since building of water / sewer infrastructure 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.


Item D1 (cont.)


(65) Stormwater Compliance Certificate

A Stormwater Compliance Certificate is to be obtained for the constructed on-site stormwater management systems in conjunction with the works-as-executed drawings and the final inspection. This Certificate is to be signed by an accredited hydraulic engineer (preferably be the original design consultant) and submitted to the Principal Certifying Authority. Copy of the standard Stormwater Compliance Certificate is shown in Council’s Water Management Policy.

If the proposed works involve Council owned stormwater infrastructure (or infrastructure to be owned by Council), then the applicant should organise inspection with Council and pay Council the appropriate inspection fee. Inspection is to be carried out at the following specified stages:

• Prior to backfilling of pipelines trenches.

• Prior to backfilling of drainage connection to pipeline or channels.

• Prior to casting pits and other concrete structures including kerb and gutter, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

(66) Positive Covenant

A Restriction on Use of the land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owner of the land. The terms of the instrument are to be generally in accordance with the Council’s standard terms and conditions for Restriction on Use of the land and Positive Covenant shown in Council’s Water Management Policy.

(67) Maintenance Schedule

A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

(68) Fire Safety Schedule

Certain items of equipment or forms of construction shall be nominated as "fire safety measures" within the building.

Upon completion of works, and before occupation of the building, each of the fire safety measures is required to be certified by an appropriately competent person (chosen by the owner of the building). The certificate is to state that the measure was inspected and found to be designed, installed and capable of operating to a standard not less than that required by the relevant regulations.

Further, it is the responsibility of the owner of the building that each fire safety measure is again inspected and certified as to its condition every twelve (12) months following the submission to Council of the original certification.


Item D1 (cont.)


(69) BASIX Completion Receipt

In accordance with clause 154C of the Environmental Planning and Assessment Regulation 2000, prior to issuing a final occupation certificate the certifying authority must apply to the Director-General for a BASIX completion receipt.

SECTION F – Prescribed Conditions

The following are prescribed conditions of development consent pursuant to s.80A(11) of the Environmental Planning and Assessment Act 1979 and cl.98 of the Environmental Planning and Assessment Regulation 2000. (70) Compliance with the Building Code of Australia

The development must be carried out in accordance with the provisions of the Building Code of Australia.

(71) Insurance Requirements under Home Building Act 1989

The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act, 1989. This means that a contract of insurance must be in force in accordance with Part 6 of that Act before any building work authorised to be carried out by the consent commences.

It is the responsibility of the builder or person who is to do the work to satisfy Council that they have complied with the applicable requirements of Part 6 of the Home Building Act, 1989.

If Council is the Principal Certifying Authority it will not carry out any inspections until a copy of the insurance certificate is received.

(72) Erection of Signs

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

(a) showing the name, address and telephone number of the principal certifying

authority for the work, and (b) showing the name of the principal contractor (if any) for any building work

and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed


Item D1 (cont.)


(73) Notification of Home Building Act 1989 Requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be

appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6 of that

Act, (b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under

that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(74) Shoring and Adequacy of Adjoining Property

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

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

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

The above condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

(75) Council Notification of Construction

The erection of a building which is the subject of a Development Consent must not be commenced until: a) Detailed plans and specifications of the building have been endorsed with

a construction certificate by Council or an accredited certifier.

b) the person having the benefit of the development consent has:

• appointed a Principal Certifying Authority (PCA),and

• notified Council (if Council is not the PCA) in writing of the appointment, and


Item D1 (cont.)


• given at least two (2) days notice to Council of their intention to commence the erection of the building. The notice may be in writing or by phone.

END CONDITIONS

SECTION H – Advisory Notes

(i) Worksite Safety

It is usually the owner/applicant’s responsibility to ensure that the development site is a safe working environment. This may be by the engagement of an appropriately competent principal contractor. There are various legislative and WorkCover requirements with respect to maintaining a safe work-site. Details of these requirements and legislation, as well as, guidance and advisory material, can be found on the WorkCover Website www.workcover.nsw.gov.au.

(ii) Worksite Safety Scaffolding

Council is committed to worksite safety and requiring that all scaffolding is installed by competent and qualified professionals with the relative appropriate standards. The applicable Australian Standards for the scaffolding is AS/NZS1576 in respect of the design of the scaffolding and AS/NZS4576 with respect to the erection of the scaffolding. Also, you should ensure that those erecting scaffolding are appropriately qualified and have the appropriate qualifications to erect scaffolding. For further information regarding this please see www.workcover.nsw.gov.au.

(iii) Kid Safe NSW

Kidsafe NSW has produced Safer Homes for Children Design and Construction Guidelines for builders, renovators and home owners. The guidelines identify common hazards for children and recommended practical design applications to improve child safety for all areas of the home. Free copies of the Guidelines are available from Council’s Customer Service Centre, or contact Kidsafe on (02) 9845 0890 or their website http://www.kidsafensw.org/homesafety/index.htm for more information.

(iv) Dial Before You Dig

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavation or erection of structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.


Item D1 (cont.)


(v) Discrimination Act

This authorisation does not imply that the proposal complies with Disability

Discrimination Act 1992. The Proponent is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS 1428.1 – Design for Access and Mobility. AS1428 Parts 2, 3 & 4 provides the most comprehensive technical guidance under The Disability Discrimination Act 1992.

(vi) Demolition Waste

Sorting your construction and demolition waste will save you money. For pricing and disposal options for sorted loads of tiles, bricks, timber concrete or asphalt call Waste Service NSW on 1300 651 116.

(vii) Property Address

Property addresses shall be allocated by Council in accordance with the Addressing Standard AS/NZS 4819:2011.

b) That the applicant be advised of their right of appeal to the Land and Environment

Court with regard to Council’s decision in this matter. c) That those who made a submission be advised of Council's decision in this matter.

Report Summary

Proposal

1. Council is in receipt of an application for the demolition of existing dwelling and

construction of thirteen (13) townhouses and strata subdivision on the subject site.

Site and Locality

2. The site is a large allotment located on the western side of Princes Highway, just north of the Hatfield Street intersection. The land is regular in shape with a large splayed frontage of 43.65m to Princes Highway and benefits from an “L-shaped” right of carriageway that extends along the rear of No. 18 Hatfield Street and down its western boundary to Hatfield Street. The site comprises an area of 2854 square metres and has a gradual slope to the east, terminating with an abrupt wall to Princes Highway, due to the cutting of the highway into the natural topography.


Item D1 (cont.)


Zoning and KLEP 2012 Compliance

3. The site is zoned R2 - Low Density Residential under KLEP 2012 and the proposal is a permissible form of development with Council’s consent as the site is subject to Schedule 1 of KLEP 2012 which allows for multi-dwelling housing on this site. The proposed development satisfies all relevant clauses contained within KLEP 2012 with the exception of a minor non-compliance with site coverage requirements under Schedule 1 of KLEP 2012. A submission to vary the standard under Clause 4.6 of the LEP is submitted.

Kogarah Development Control Plan 2013 (KDCP 2013)

4. The proposed development satisfies the provisions of Section 1.1 – Streetscape Character of KDCP 2013 and does not detract from the existing streetscape character. However, the proposal does not comply with Councils controls for maximum site coverage and impervious area.

Submissions

5. During the original notification period a total of thirteen (13) letters were submitted

including four (4) submissions from one (1) resident, one (1) petition containing forty (40) names and one (1) petition containing four (4) names.

6. Five (5) submissions were received during the second notification period including

one (1) petition containing four (4) names. 7. The submissions raise the following concerns:

• Zoning permissibility

• Character

• Privacy

• Safety and security issues resulting from use of right of carriageway to Hatfield Street

• Traffic and parking issues and lack of access to public transport

• Impacts on outlook

• Density of development

• Overshadowing

• Demolition and construction impacts

• Reduced property values

Conclusion

8. Having regard to the Heads of Consideration under Section 79C (1) of the

Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No. 193/2014 should be approved subject to conditions.


Item D1 (cont.)


Report in Full

Proposal

9. Council is in receipt of an application for the demolition of existing dwelling and construction of thirteen (13) townhouses and strata subdivision on the subject site.

The Site and Locality

10. The site is a large allotment located on the western side of Princes Highway, just north of the Hatfield Street intersection. The land is regular in shape with a large splayed frontage of 43.65m to Princes Highway and benefits from an “L-shaped” right of carriageway, 3.05m wide, extending along the rear of No. 18 Hatfield Street and down its western boundary to Hatfield Street. The site comprises an area of 2854 square metres and has a gradual slope to the east, terminating with an abrupt wall to Princes Highway, due to the cutting of the highway into the natural topography.

11. Currently existing on the site is a single storey detached dwelling, detached garage,

pool and covered awning. There are a number of trees on the site. 12. The streetscape is characterised by one (1) and two (2) storey detached dwelling

houses, a number of which have excavated garages into the rock cutting to the Princes Highway. Adjoining the site at No. 701 Princes Highway is a heritage listed dwelling. Architectural styles vary, with both flat and pitched roofs common in the locality.

Background

13. On 19 August 2014 the Development Application subject of this report was lodged

with Council.


Item D1 (cont.)


14. On 22 August 2014 the applicant was sent a “stop-the-clock” letter, advising of the following deficiencies with the application:

• Shadow diagrams not adequate.

• Incomplete and incorrect Statement of Environmental Effects. 15. On 8 September 2014 the applicant submitted the above information. 16. From 12 to 26 October 2014 the application was placed on neighbour notification. 17. On 13 October 2014 the applicant was sent a ‘21-day letter’ advising of the following

deficiencies and issues:

• The amended Statement of Environmental Effects being incomplete and including numerous errors.

• Inaccurate shadow diagrams.

• The submitted survey plan not accurately showing No.701 Princes Highway.

• The plans not showing the retaining walls proposed to the boundaries, in the front setback zone and required between the step-down between the proposed courtyards.

• Amended plans are to be resubmitted at a suitable scale of 1:100 and 1:200 with dimensions and notations that are clear and legible.

• A streetscape perspective of the proposed development in the context of adjoining dwellings to be submitted along with a 3-D perspective of the proposal.

• The proposed development not complying with the maximum permitted site coverage of 30% as required by Schedule 1 (19) of KLEP 2012.

• Impervious areas of the site to be reduced to a maximum of 55% (1569.7m²).

• The proposed basement level results in excessive excavation and poor amenity to subterranean habitable rooms. A reduction in excavation is required.

• The reduced height of the proposed front street wall appears inconsistent with the streetscape.

• Numerous issues with respect to parking and vehicular access, stormwater and landscape/trees.

18. On 5 November 2014 the applicant submitted amended plans and supplementary

information to address the above issues. 19. From 12 to 26 November 2014 the amended plans were placed on neighbour

notification. 20. On 9 December 2014 a supplementary arborist report was submitted to Council. 21. On 18 December an amended statement of variation under Clause 4.6 of KLEP 2012

was submitted. 22. The amended plans and supplementary information are relied upon for assessment in

this report.


Item D1 (cont.)


Section 79C Assessment 23. The following is an assessment of the application with regard to Section 79C (1) of

the Environmental Planning and Assessment Act 1979. (1) Matters for consideration – general

In determining an application, a consent authority is to take into consideration

such of the following matters as are of relevance to the development the subject of

the development application:

(a) the provision of:

(i) any environmental planning instrument, Kogarah Local Environmental Plan 2012 (KLEP 2012)

Part 2 – Permitted or Prohibited Development

Clause 2.1 – Land Use Zones

24. The subject site is zoned R2 - Low Density Residential and the proposal is a prohibited form of development in the zone.

25. However, the proposal is permitted under the provisions of Schedule 1, of KLEP,

which allows additional permitted uses on certain sites. The site is listed under Clause 19 of Schedule1 for multi-dwelling housing or dual occupancies (detached) which are therefore permitted on the site with consent.

26. The proposed development satisfies the objectives of the zone which are as follows:

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

residential environment.

• To enable other land uses that provide facilities or services to meet the day to day

needs of residents.

27. The proposal provides a multi-unit development of a comparable scale to the low density context whilst also developing a remnant large allotment to provide housing choice in the area.

28. In accordance with Cl.19 of Schedule 1:

Development for the purpose of multi dwelling housing is permitted with development

consent if:

(a) the total site coverage of the proposed buildings does not exceed 30%, and

(b) if a site has frontage to a classified road, the frontage is at least 27m.

29. The proposed development has a site coverage of 31.4%, involving a 1.4% or 40.8m² non-compliance with the above standard.


Item D1 (cont.)


30. The application is accompanied by a statement of variation under Clause 4.6 of KLEP 2012, and is discussed below.

31. The frontage exceeds the minimum requirement of 27m.

Part 4 – Principal Development Standards

Clause 4.6 – Exceptions to development standards

(1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development

standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in

particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though

the development would contravene a development standard imposed by this or any other

environmental planning instrument. However, this clause does not apply to a

development standard that is expressly excluded from the operation of this clause.

32. The application seeks a variation to the following standard under Clause 19(a) of Schedule 1 of KLEP 2012:

Development for the purpose of multi dwelling housing is permitted with development

consent if:

(a) the total site coverage of the proposed buildings does not exceed 30%,


Item D1 (cont.)


33. The proposal has a site coverage of 31.4% (897m²), resulting in a 40.8m² non-compliance from the maximum permissible site coverage of 30% (856.2m²).

34. The applicant’s submission provides the following justification for the variation (in

summary):

• The proposal achieves substantial setbacks, deep soil landscaping and private open space to each dwelling.

• The proposal complies with density, height and setback requirements,.

• The proposal does not detrimentally impact the adjoining heritage item or the streetscape

• If the proposal were to be reduced to comply, the built form would be substantially the same without appreciable change to the level of impact on the built environment.

35. The above reasons to support the variation are considered warranted. The proposal

satisfies the provisions of Clause 4.6 of KLEP 2012. Part 5 – Miscellaneous Provisions

Clause 5.9 – Preservation of Trees or Vegetation 36. A number of trees on site and adjoining properties subject to the provisions of Clause

5.9 of KLEP 2012 are potentially affected by the proposed development. 37. The application was referred to Council’s Parks and Recreation Coordinator who

made the following comments:

“All trees are numbered in accordance with the Aboricultural Assessment Report

prepared by Jackson Nature Works dated 6 November 2014 for proposed DA at 699

Princes Highway Blakehurst.

The following trees could be removed for the proposed development:

• Tree 12 A- Glochidion ferdinandi

• Tree 12B- Celtis occidentalis.

• Tree 12C- Celtis occidentalis

Stability of these trees will be affected by proposed removal of retaining walls and

pool. The existing hedge of Oleanders and Ochnas near this area are weeds and

undesirable species.

More information is required on the structural integrity of Tree 12 – Angophora

costata. An aerial inspection is required for further assessment of this tree.

The proposed basement is 4.0 metres from side boundaries and about 1.5-2 metres

from the rear boundary. This does not take into the excavations and construction of

the basement level. The aboricultural assessment report did not address the basement

plans and proposed excavation. The arborist is to address the retention of trees

1,2,3,4,5,6,7,8,9,10,11, 12and 13.”


Item D1 (cont.)


38. The applicant submitted a supplementary arborist report that addresses the above and

the proposal has been found to satisfy the provisions of Clause 5.9 of KLEP 2012 subject to the imposition of conditions that protect the existing Angophora costata at the front of the site (Tree 12) and twelve (12) trees near the boundaries on adjoining properties (numbered 1-13).

39. In addition, consideration has been given to the provisions of Section B2 – Tree

Management and Greenweb in KDCP 2013 and the proposed development satisfies the relevant controls for tree and greenweb management.

Clause 5.10 – Heritage Conservation

40. The subject site is not listed as a heritage item in Schedule 5 and is not within a Heritage Conservation Area. However, No. 701 Princes Highway, adjoining to the south, is a heritage listed item in KLEP 2012.

41. The proposal adopts substantial front and side setbacks, thereby reducing any intrusion to the view of the item from the public domain and retaining sufficient curtilage to the item. The simple form of the design does not detract from the art-deco style of the item.

42. The proposed development is considered to satisfy the provisions of Clause 5.10 of

KLEP 2012.

Part 6 – Additional Local Provisions

Clause 6.1 – Acid Sulfate Soils

43. The subject site is not shown as being affected by acid sulfate soils as identified on the Acid Sulfate Soil Map.

Clause 6.2 – Earthworks 44. Substantial excavation is proposed to accommodate basement parking and access for

the proposed townhouses. This is within acceptable limits, as anticipated for this form of development and considering the need to ensure suitable access and egress from Princes Highway and provision of sufficient off-street parking.

45. It is recommended that conditions be imposed requiring submission of geotechnical

and dilapidation reports to properly manage excavation works on site and reduce potential impacts to adjoining properties.

46. The proposed earthworks are considered acceptable having regard to the provisions of

this clause as the works are not likely to have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.


Item D1 (cont.)


Clause 6.3 – Flood Planning

47. The subject site has not been identified as a flood planning area on the Flood Planning Maps.

48. In addition, consideration has been given to the provisions of Section B6 – Water Management of KDCP 2013 and the proposed development satisfies the relevant controls related to flooding and drainage.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

49. A BASIX Certificate has been issued for the proposed development and the

commitments required by the BASIX Certificate have been satisfied.

State Environmental Planning Policy (Infrastructure) 2007

50. Clauses 101 and 102 of the Infrastructure SEPP apply to the proposed development in that the site has a frontage to a classified road (Princes Highway), and is mapped by Roads and Maritime Services (RMS) as carrying in excess of 40,000 vehicles per day, therefore requiring assessment under Clause 102 of the Infrastructure SEPP.

51. Clause 102 of SEPP (Infrastructure) 2007 relates to the impact of road noise and

vibration on non-road development, including buildings used for residential purposes. This provision applies to development on any road with an annual average daily traffic volume of more than 40,000 vehicles (based on the traffic volume data published on the RMS website).

52. The application is accompanied by an Acoustic Report prepared by Acoustic Noise

and Vibration Solutions P/L (dated 25 July 2014) and has had consideration to the provisions of Subdivision 2 of the SEPP. The application was referred to Council’s Environmental Health Officer who found the proposed development satisfactory subject to the imposition of suitable conditions.

53. The consent authority must not grant consent to development on land that has a

frontage to a classified road unless it is satisfied that:

(a) where practicable, vehicular access to the land is provided by a road other than

the classified road,

54. The proposed development provides access off Princes Highway, creating an additional driveway to the existing driveway to provide separated entry and exit points.

55. Whilst there is a 3m wide right of carriageway over No. 18 Hatfield Street, this does

not provide a viable vehicular access solution for a multi-dwelling housing development on the site, and would result in unacceptable impacts on surrounding neighbours in Hatfield and Church Streets.

(b) the safety, efficiency and ongoing operation of the classified road will not be

adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or


Item D1 (cont.)


(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to

gain access to the land

56. The submitted Traffic and Parking Assessment (Hemanote Consultants, August 2014) provides the following comment on the traffic implications of the proposed vehicular access to Princes Highway:

The estimated traffic generation from the proposed development is considered to be

of low impact on current traffic volumes on Princes Highway and will not alter the

current Level of Service, where additional traffic can be readily accommodated.

The potential increase in the number of vehicle movements in and about Princes

Highway will remain well within the Environmental capacity of the road, with no

adverse impacts on the amenity of the area.

Furthermore, vehicles exiting the subject site will not cause any delays to traffic, as

there is adequate length of driveway crossing and sight distance.

57. The proposal is considered to satisfy the provisions of Clauses 101 and 102 of the

ISEPP 2007.

Deemed State Environmental Planning Policy – Georges River Catchment

58. All stormwater from the proposed development can be treated in accordance with

Council’s Water Management Policy and would satisfy the relevant provisions of the


(ii) any draft environmental planning instrument that is or has been placed on public

exhibition and details of which have been notified to the consent authority, and 59. No draft environmental planning instruments are applicable to the proposed

development. 60. However, a Draft Planning Proposal for the amendment of KLEP 2012 has been given

‘Gateway Approval’ by the NSW Department of Planning and Infrastructure. The Draft Planning Proposal retains multi dwelling housing on the site as a permissible use in Clause 19 of Schedule 1 of the LEP.

(iii) any development control plan, Kogarah Development Control Plan 2013 (KDCP 2013)

61. The proposed development is subject to the provisions of the Kogarah Development

Control Plan 2013 (KDCP2013). The following comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP.


Item D1 (cont.)


Minimum Site and Density Requirements

62. A minimum frontage width of 20m is required for multi-unit housing developments.

63. The site is 28.65m wide with a splayed frontage of 43.65m, complying with the above requirement.

64. Section 4, part C2 of KDCP 2013 sets different density requirements for multi-unit

housing. The site is not in the R3 – Medium Density zone and is not subject to Schedule 1 clauses 17 or 18 and site density is therefore not specified. Consequently, the standard multi-unit density calculation of 1.3m² of site area per square metre of dwelling area has been used as a guide. The primary control for Schedule 1, Clause 19 is site coverage, as already discussed in this report.

65. Under a density requirement of 1.3m² of site area per square metre of dwelling area a

maximum of 2195.38m² is permitted. The proposal is well within this limit, with a density of 1.59m² of site area per square metre or 1794m².

66. Against the density provision of 220m² per dwelling required for multi-unit

development permitted under Schedule 1 (clauses 17 and 18) a maximum of 12.9 dwellings is permitted on the site. The proposal is generally consistent with this requirement, proposing thirteen (13) dwellings.

Building Height

67. The proposed development is required to fit a building envelope of 7.4m (H1) and 9m (H2), which are effectively to the eave and ridge or parapet respectively.

68. The proposal has a maximum H1 height of 6.8 and maximum H2 height of 7.1m,

complying with the above requirement.

Building Setbacks 69. No front setback requirements are specified for development proposed under Clause

19 of Schedule 1 of KLEP. As a guide, the provisions for multi dwelling housing proposed in accordance with Clause 18 of Schedule 1 of Kogarah LEP 2012 have been relied upon for assessment of the proposed development. The following minimum front building setbacks apply:

(i) 5.5m from the front boundary to the wall of the dwelling. (ii) Garages must be setback a minimum of 5.5m from the principal street

frontage. (iii) Where a site abuts a heritage item, the minimum front setback is to be

consistent with the abutting heritage item (where the front setback is greater than 5.5m).

(iv) Where the existing front setback of the heritage item is less than 5.5m, the minimum front setback is to be 5.5m.


Item D1 (cont.)


70. The site adjoins the heritage item at No. 701 Princes Highway and should be setback accordingly. The garage door is setback 6.7m, complying with the 5.5m garage setback requirement and the dwellings above are setback behind the 8.5m setback of the adjoining heritage item. Unit 1 at the front northern side of the site has an 11m setback to the dwelling wall with the southern front unit setback 11.6m, providing effective visual relief and sufficient curtilage to the heritage item and its setting.

71. Council requires a minimum side and rear boundary setbacks of 3m + ¼ of the wall

height > 3m. Accordingly, the side boundaries require side setbacks varying from 3.82 – 4.2m and a rear setback of 3.85 – 4m.

72. The proposed development satisfies side and rear setback requirements, providing

side setbacks in excess of 5m to the northern and southern boundaries and a rear setback of 4m.

Open Space 73. Impervious areas are to be limited to a maximum of 55% of the site. 74. The proposed development incorporates 61.7% impervious area or a non-compliance

of 191.4m². The variation is acceptable in this instance as the proposal provides larger than compliant side, front and rear setbacks, resulting in a high quality landscape setting that also retains an important canopy tree. The variation in a large part results from the large “U-shaped” driveway and need for substantial off-street car parking given the highway location. The proposal is acceptable in terms of site coverage and well within maximum density limits. The proposal also provides substantial on-site detention and rainwater tanks to each unit that will offset runoff from the hard surfaces on the site.

75. The proposal complies with the requirement that private open space should be

adjacent to and visible from the main living and/or dining rooms and be accessible from those areas.

76. Private open space is required to be provided at a rate of 40m² per unit. The proposal

provides substantial courtyards with an area of between 72 - 135m² to each unit, complying with this requirement.

77. Private open space is required to be provided with minimum dimensions of 4m and 3m + h (height of the wall) for south-facing courtyards.

78. The proposal provides minimum dimensions of 5m to each courtyard. Units 8-12 are

south facing only and are subject to the larger minimum dimensional requirement of 3m + h or 9.2m. Units 8-12 do not comply with this requirement and will receive minimal solar access, afforded only by the separation between units. Given the site is on an east-west axis, full compliance is not achievable. The setbacks between townhouses permit a corridor of solar access to courtyards in the middle of the day 11am to 1pm, which is considered acceptable in this instance.

79. Existing significant trees and vegetation must be incorporated into proposed

landscape treatment.


Item D1 (cont.)


80. The proposal incorporates the significant canopy tree at the front of the site into the landscape plan, complying with the above requirement and generally the landscape treatment of the site is found to be satisfactory.

Vehicular access, Parking and Circulation 81. Parking is to be provided at a rate of 1.5 spaces per dwelling, or 19.5 spaces, plus

three (3) spaces for visitors at a rate of one (1) space per five (5) units. 82. The proposal provides well in excess of the above requirement, providing triple

garages to nine (9) dwellings and double garages to four (4) dwellings as well as three (3) visitor spaces. The proposal provides thirty-eight (38) spaces in total.

83. The plans were referred to Council’s Traffic Engineer who initially raised issues with

the internal layout of the garages with respect to compliance with AS/NZS 2890.1:2004 - Off Street Car Parking, Section 5.4.

84. Further clarification between Council’s Traffic Engineer and the applicant’s Traffic Consultant has found that the proposal can satisfy the provisions of the above standard.

Privacy 85. Windows off the upper levels of all townhouses are restricted to ‘non-active’

bedrooms where facing adjoining properties to the northern and southern sides and consequently are not considered to result in significant adverse privacy impacts. There are no windows facing the rear. Further, some of the rear courtyards have hedge planting that will provide screening in addition to the 2100mm high fencing proposed (1800mm plus 300mm lattice capping shown on the landscape plan).

86. The proposed development provides good passive surveillance of Princes Highway

with large front balconies and terraces to the front townhouses. 87. The proposed development satisfies the objectives and provisions for privacy in the

KDCP 2013. Solar Access 88. The proposed development satisfies Council’s requirement that, where neighbouring

properties are affected by overshadowing, at least 50% of the neighbouring existing principal open space or windows to main living areas must receive a minimum of 3 hours sunlight between 9am – 3pm on 21 June.

Views and View Sharing 89. No issues are raised with respect to views.

Adaptable and Accessible Housing

90. The proposed development provides two (2) adaptable units that satisfy the requirement that one (1) unit for every ten (10) must be adaptable.


Item D1 (cont.)


91. The proposal is required to provide disabled access to the primary entry points of the

development, which means accessing the ground floor, a level above the street. The plans proposed provide disabled access via a rear gate and path to the right of carriageway that benefits the site over No. 18 Hatfield Street. However, an alternate access is recommended for the following reasons:

• The facilitation of public access to the site via the right of carriageway has been the subject of substantial objection by surrounding neighbours raising safety and security concerns.

• A number of properties have gates for use of the right of way. The use of the vehicular right of way by disabled persons may result in safety concerns should cars from surrounding properties be using the way at the same time as pedestrians as no separation is provided.

• The provision of the only disabled pedestrian access to the site via No. 18 Hatfield Street is considered inequitable, as it requires a disabled person to park in the nominated disabled space on site and travel down the Princes Highway and up the steep hill of Hatfield Street (with a greater incline than 14%), and down a long right of way. This is a travel distance of over 420m.

92. To compensate for the deletion of the rear access, disabled access should be provided either by installing a lift adjacent to the front entry stair (above the garbage bin room), or by widening the stairway to permit the installation of a stair climbing platform lift. It is recommended that a condition be imposed accordingly.

Ancillary Structures

93. The proposed development is subject to the specific controls for ancillary structures

contained within Section 4 – Ancillary Structures of KDCP2013. The following comments are made with respect to the proposal satisfying the relevant objectives and controls contained within the DCP.

Fences and Walls 94. The proposed development replaces the existing single rise mixed material high wall

to Princes Highway with a new tiered wall. The wall is setback in the northern third of the site to accommodate the ‘U-shaped’ driveway to provide easier access and egress to the Highway.

95. Due to the Princes Highway being cut into the topography from Townson Street to

Church Street, all properties on the high side have high retaining walls of varying materials, some with garages cut into them at the boundary.

96. The proposed wall comprises a 1.75 – 2.6m high sandstone wall from the southern

boundary to the driveway, setback 900mm from the street boundary, with another wall set 1m behind and 2m higher, in line with the existing topography.


Item D1 (cont.)


97. The proposed wall results in an overall improvement to the streetscape and is

generally consistent with walling along the subject section of Princes Highway. The design of the wall and driveway improves safety for vehicular access and egress and is supported.

Kogarah Development Control Plan 2013 Compliance Table

98. The following table outlines the proposals compliance with the primary controls contained within KDCP 2013.

Performance Criteria

Design Solution Proposed

Site Requirements

Minimum Site Area 1000m² 2854m²

Minimum Frontage (Sch.1 cl.19 – KLEP 2012)

27m 43.61m

Density (site area/dwelling)

2195.38m² (1.3m² site area per m² dwelling area)

1794m² (1.59m² site area per m² dwelling area)

Minimum Unit Sizes 3 Bedroom unit

100m²

138m² (4 bedrooms)

General Controls

Setbacks Front (Princes Hwy): Side (N): Side (S): Rear (W):

8.5m (per no.701) 3.82 - 4.2m 4.2m 3.85m – 4m

7m to garage entry 11m to dwelling 1 wall 5.17m 5.04m 4m

Height H1 H2

7.4m 9m

6.8m 7.1m

Max Site Coverage (Sch.1 cl.19 – KLEP 2012)

30% (856.2m²) 31.4.% (896m²)

Max Impervious Area 55% (1569.7m²) 61.7% (1761.1m²)

Private Open Space Ground floor Min dimension (north side) (south side)

40m² p/unit 4m 3m+h = 9m * *req. for units 8-12

72-135m² 5.1m 5m

Car Parking Resident Visitor

(1.5 per dwelling) 19.5 spaces 3 spaces

24 spaces 3 spaces

Adaptable Units

2 2


Item D1 (cont.)


Section 94 Contributions

99. The proposed development requires payment of $159,754.53 in Section 94 contributions based on the provisions of Section 94 Contributions Plans for Open Space 2006, Kogarah Libraries and Road and Traffic Management.

100. The contribution amount is based on the construction of thirteen (13) new townhouses

with concession granted for one (1) residential lot. (iv) any matters prescribed by the regulations, that apply to the land to which the

development application relates, 101. Not applicable. (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, 102. The proposed development is of a scale and character that is compatible with the

residential nature of the locality. Accordingly, the proposal is not considered to have a significant impact on the natural and built environment of the locality.

(c) the suitability of the site for the development, 103. It is considered that the proposed development is of a scale and design that is suitable

for the site having regard to its size and shape, its topography, vegetation and relationship to adjoining developments.

(d) any submissions made in accordance with this Act or the regulations,

104. In accordance with the provisions of Section A2 – Public Notification of KDCP 2013

the application was placed on neighbour notification for a period of fourteen (14) days adjoining property owners were notified in writing of the proposal and invited to comment.

105. During the original notification period a total of thirteen (13) letters were received,

including four (4) submissions from one (1) resident, one petition containing forty (40) names and one petition containing four (4) names.

106. The amended plans were placed on notification, during which five (5) submissions

were received including one (1) petition containing four (4) names. 107. The submissions raise the following concerns:

1. Zoning permissibility

Comment 108. A number of objectors raise issue with the permissibility of multi-unit housing

development in the R2 zone under Schedule 1 of KLEP 2012 and state that the proposal does not meet the objectives of the zone.


Item D1 (cont.)


109. The objectors’ assertions are incorrect. The permissibility of multi dwelling housing on the site has been carried over from KLEP 1998 into KLEP 2012 as a site identified for multi-dwelling housing that is greater than 1500m² in area. The proposal is of a scale and proportions generally consistent with the applicable provisions, has been long anticipated for the site and the proposal satisfies the relevant objectives of the zone.

110. Refusal of the application is unwarranted on this basis.

2. Character

Comment 111. A number of objectors regard the proposal as uncharacteristic of the area and consider

multi-dwelling in the Blakehurst area unacceptable. 112. As perceived from passing along the Princes Highway, the proposal presents a scale

and proportions of two (2) small dwellings, with substantially greater separation between them and adjoining dwellings than would a new detached dwelling. The proposal is lower in scale than permitted and each townhouse is separated from the other, reducing perceived massing and visual impact from adjoining properties. The scale, proportions and design is considered to be compatible with the locality.

113. There are numerous other townhouse and dual occupancy development in Blakehurst,

particularly along the Princes Highway corridor. 114. Refusal of the application is unwarranted on this basis.

3. Privacy

Comment 115. A number of objectors in Hatfield Street and at No. 701 Princes Highway raise

privacy concerns from the proposed development. The proposed townhouses result in a row of buildings facing into the rear yards of Hatfield Street properties.

116. Privacy has been considered in the assessment of the proposal and found acceptable.

Only ‘non-active’ rooms are on the upper levels and the proposal also incorporates generous setbacks and screening landscaping to the boundaries. Living areas are set at or below existing ground levels, resulting in negligible impact.


Item D1 (cont.)


4. Safety and security issues resulting from use of right of carriageway to Hatfield

Street

Comment 117. A number of objectors in Hatfield Street and Church Street raise concern with the use

of the existing right of way to the rear of the site for pedestrian access to the site. The reasons for their concerns revolve around safety and security, as they are concern that the substantial number of townhouses on the site increases the numbers of people (residents and visitors) using the driveway and therefore the potential for criminal activity to occur (i.e. robberies from jumping back fences etc.). The objectors are also concerned about increased pedestrian activity being in conflict with existing vehicular access on the driveway as the right of way accesses other properties.

118. Security issues are generally not considered to warrant refusal in isolation. There is

some validity to concerns with the conflict of pedestrians to vehicles, particularly as there is no separate footpath and it was proposed to use the right of way for disabled access to the site. This is not supported. Other concerns relating to the use of the right of way have already discussed in this report. Whilst in most instances the use of the lane for pedestrian access is likely to be low in volume. There may be instances where residents will have a substantial number of visitors where a greater influx of people will travel to the site via the right of way. As a way of resolving the objectors’ concerns, it is recommended that any rear access be deleted and not be used. All access to the site shall be via Princes Highway.

5. Traffic and parking issues and lack of access to public transport

Comment 119. The majority of objectors are concerned that the proposal will result in increased on-

street parking in Hatfield Street from visitors to the development as there is no ability to park on Princes Highway and Hatfield Street is the nearest side street. The proposed pedestrian access via the right of way to the site off Hatfield Street raises the concern of the residents as they believe that visitors will park in Hatfield Street and use the right of way.

120. The proposal provides a surplus of car parking for residents assessed against Council

requirements and provides the required three (3) visitor parking spaces on site. The recommended deletion of the pedestrian access to the site via Hatfield Street reduces the potential for people to choose parking in Hatfield Street rather than the provided visitor spaces.

121. The objectors are also of the opinion that townhouses are unsuitable for the site due to

a lack of public transport nearby. 122. The issue is unsubstantiated and not considered sufficient grounds to warrant refusal

or modification of the application beyond that proposed. The site does lie on a public bus route that provides access to rail services and shopping.


Item D1 (cont.)


6. Impacts on outlook

Comment 123. The objector from No. 8 Hatfield Street raises concern with the proposal’s impact on

their ‘outlook’ across the site. The objector states that “it will be a horrible sight looking from my bedroom over all those iron roofs”.

124. The issue is not considered reasonable to warrant refusal or modification of the

proposal.

7. Density of development

Comment 125. A number of objectors raise concern with the proposal providing thirteen (13) units on

the site, regarding the proposal as an overdevelopment of the site and excessive in density.

126. As already discussed in this report, the proposal provides a density that is appropriate

for the site against all relevant development controls for density, site coverage, height and setback.

127. The issue is unsubstantiated.

8. Overshadowing

Comment 128. The objector from No. 701 Princes Highway is concerned that the proposed

development will overshadow his property. 129. The proposal results in minimal overshadowing of the objector’s property and

satisfies requirements for solar access to adjoining properties. Further modification or refusal is not warranted.

9. Demolition and construction impacts

Comment 130. A number of objectors raise concern over the potential for damage being caused to

their properties and associated impacts from demolition and construction, including the substantial excavation of the site for the basement car park.

131. In addition to standard conditions being imposed to require submission of

geotechnical and dilapidation reports covering adjoining properties, Council imposes conditions to limit the hours of excavation work to 9am – 4pm weekdays only and require submission of a noise management report.


Item D1 (cont.)


132. Further, the applicant will be required to seek RMS approval for a construction management zone on Princes Highway.

133. The above requirements as recommended are considered to adequately address the

objectors’ concerns.

10. Reduced property values

Comment 134. A number of objectors raise concern that approving the proposed development will

reduce their property values. The issue is unsubstantiated. Mediation/Public Meeting 135. Telephone conversations were held with a number of residents during the notification

and assessment periods. 136. The objector from No. 701 Princes Highway adjoining the site was met twice to

discuss his concerns with both the original and amended plans. (e) the public interest.

137. The proposed development is of a scale and character that does not conflict with the

public interest. Conclusion 138. The application has been assessed having regard to the Heads of Consideration under

Section 79C of the Environmental Planning and Assessment Act 1979, the provisions of KLEP 2012 and KDCP 2013.

139. Following detailed assessment it is considered that Development Application No.

193/2014 should be approved subject to conditions. Attachments/Annexures

1 Neighbour Notification Map 1 Page Annexure

2 A4 Neighbour Notification Plans 3 Pages Annexure

End of Report



Item D2: No.'s 20-22 Bembridge Street, Carlton - Development Application

No. 300/2014 - Demolition of two (2) dwellings and construction of

four (4) storey residential flat building and strata subdivision -

Mr William Karavelas (Applicant) - Mr N.J. Sarraf (Owner) -

East Ward - Annexure

Author: Rod Logan - Director Planning and Environmental Services (BM)

Reason for report: Nature of development and objections.

Recommendation:

a) That Council as the Consent Authority pursuant to Section 80(1)(a) Environmental

Planning and Assessment Act 1979, grant consent to Development Application No. 300/2014 for the demolition of the existing dwelling and the construction of a four (4) storey residential flat building and strata subdivision at No.’s 20-22 Bembridge Street Carlton:

SECTION A – General Conditions

The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent. 1. Approved Plans of Consent

The development must be implemented in accordance with the approved plans, specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

(i) Architectural plans Cornerstone Design Plan No CD 1373 DA 02, DA03, DA04,

DA05, DA06, DA07, DA08, DA09, DA10 Issue B and received by Council on 29 January 2015

(ii) Landscape plans Zenith Landscape Design Drawing No 13-2682 LO1 and LO2

dated 27 January 2015. (iii) Stormwater plans United Consulting Engineers Drawing No 13MB5720/DO1,

DO2, DO3, DO4, DO5 and DO6 Sheets 1 of 6 through to and including 6 of 6. SECTION B – Prior to the Issue of a Construction Certificate Conditions

The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate. A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate.


Item D2 (cont.)


2. Asset & Building Fees

Payment of the following amounts as detailed below:

• Stormwater Asset Deposit of $30,000.00

• *Builders Long Service Levy of $10,465.00

• Driveway and Restoration Works Design Inspection Fee of $15,300.00

• Asset Inspection Fee of $ 115.00

• Parking Bay Reconstruction & Removal Fee of: $ 4,000.00

*Note: The Builders Long Service Levy quoted is based on the market value of the proposed building works and the Levy Rate applicable at the time of assessing the Development Application and may be subject to change prior to payment.

3. Restoration Deposit

A deposit of $15,300.00 shall be lodged with Council to ensure the completion of the following works to be completed at the applicant's expense

* Construction of new 1.5m footpath across street frontage along Bembridge Street.

* Installation of turf as required across full street frontage.

These works are to be in accordance with plans and specifications to be issued by Council.

4. Section 94 Index

Section 94 Contributions are to be paid as detailed below in the following condition, and until paid all contributions will be indexed four (4) times a year (on the following dates) to allow for the cost increases: 31 January, 30 April, 31 July and 31 October.

5. Section 94 Contributions

As at the date of Development Consent the following contributions have been levied on the subject development under Section 94 of the Environmental Planning and Assessment Act, 1979 and the nominated Section 94 Contributions Plans:

No.1 – Roads and Traffic Management – Residential $ 2,436.57 No.5 – Open Space 2007 $137,358.36 No.9 – Kogarah Libraries – Buildings $ 3,477.10 No.9 – Kogarah Libraries – Books $ 2,479.18 TOTAL

$145,751.22

Any of the above Section 94 Contributions Plans may be inspected at the Kogarah Council Customer Service Centre, 2 Belgrave Street, Kogarah.


Item D2 (cont.)


6. Dilapidation Report

Prior to issue of any construction certificate or commencement of any demolition or earth works on site, the applicant shall submit, for acceptance by the Principal Certifying Authority (PCA), with a copy forwarded to Council where Council is not the PCA, a full dilapidation report on the visible and structural condition of the following properties;

(i) All neighbouring buildings likely to be affected by the excavation as determined

by the consulting engineer.

The report must be completed by a suitably qualified consulting structural/ geotechnical engineer as determined necessary by that professional based on the excavations for the proposal, the subsoil conditions and any recommendations of a geotechnical report for the site. The report shall have regard to protecting the applicant from spurious claims for structural damage and shall be verified by all stakeholders as far as practicable.

Reports relating to properties that refuse access to carry out inspections to complete the dilapidation report, after being given reasonable written notice to request access (at least 14 days) at a reasonable time (8.00am-6.00pm), are not to hold up the release of the Construction Certificate.

7. Protection of Stormwater Asset

Protection of the new stormwater asset during construction will be the responsibility of the applicant. Sufficient asset protection measures must be undertaken by the applicant during construction.

A Security Bond of $30,000.00 will be required. A Dilapidation Report will be required prior to the release of the Security Bond to ensure the new asset has not failed as a result of any construction works taken place after the pipe replacement works. The Security Bond may be released twelve (12) months after the completion of the final inspection for the stormwater pipe replacement and upon Council’s satisfaction of the submitted Dilapidation Report.

8. Stormwater Deviation

All costs associated with the proposed deviation of Council's stormwater system are the responsibility of the applicant.

“A detailed survey of the location of all service lines in the vicinity of the Council stormwater pipe deviation works is to be provided. A full scaled long section of the proposed stormwater pipe, indicating the existing levels, design levels of the pipe, lid and invert levels of all pits, location of all stormwater pits and the location and level of all service lines that are in the vicinity of the works. This long section will need to show that the pipe can be installed with adequate clearances pipe will need to be included on the design.” "Council’s records indicate that the Sydney Water sewer main at the rear of the site will need to be lowered to allow for the deviation of Council’s stormwater pipe. This approval is to be forwarded to Council prior to issue of a Construction Certificate. These works are to be carried out in accordance with all requirements of Sydney Water."


Item D2 (cont.)


The deviation of Council’s stormwater system is to be carried out by a qualified plumber, drainer or civil construction company with a minimum limit of twenty million dollar public and product liability insurance. In this regard, qualification details of the person / company carrying out these works along with a certificate of currency for the product and public liability insurance are to be submitted to Council’s Catchment and Waterways Section prior to the works commencing. Prior to the works commencing the contractor who will be carrying out the works is required to organise and attend an onsite meeting with a representative of Council’s Catchments and Waterways section. Contact phone number (02) 9330 9470.”

"All Inspections of Council's Stormwater system deviation will be required to be undertaken by a Council stormwater engineer. Inspections will be required at the following points in construction: From all existing underground service lines. It is noted that there are public utility services within the footpath area, as well as a sewer main running near the rear of the two subject lots that may compromise the design of the proposed stormwater deviation. Accurate location and levels by physically surveying these services at the proposed location of the new stormwater.

a. Completion of laying of new Reinforced Concrete pipes and any associated concrete form work.

b. Completion of backfilling of trenches. c. Prior to casting or installation of pits. d. Completion of excavation and demolition of existing redundant sections of

Council's stormwater pipes. The applicant is to organise all inspections and give a minimum of 24 hours notice for

each." 9. Soil and Water Management

A Soil and Water Management Control Plan, incorporating contour levels and prepared in accordance with Environmental Site Management Policy shall be submitted to Council detailing all measures to control soil erosion and sedimentation runoff from the site during excavation and construction activities.

10. SEPP No. 65 Certification

A design verification statement from a qualified designer shall be submitted that verifying that the plans and specifications achieve the design quality of the development for which consent was granted having regard to the design quality principles of State Environmental Planning Policy No. 65.

11. Adaptable Housing Compliance

The proposed development including the two nominated adaptable units shall comply with the adaptable housing provisions of AS4299 – Adaptable Housing and AS1498 – Access and Mobility (Parts 1 and 2). The Adaptable Housing checklist and circulation diagram demonstrating compliance shall be submitted.


Item D2 (cont.)


12. Ausgrid Conduits

A copy of Ausgrid’s written requirements are to be forwarded to Council with regard to the laying of underground low voltage electricity conduits within the footpath area across the development site. Ausgrid will supply the conduits at no charge, subject to the applicant restoring the footpath after the installation and these provisions are to be put into effect prior to the release of the Occupation Certificate.

13. Ausgrid Sub Station

The applicant is to confer with Ausgrid to determine if an electricity distribution substation is required. If so, shall be incorporated within the Construction Certificate and it will be necessary for the final film survey plan to be endorsed with an area having dimensions 5m x 4m over the location of the proposed electricity distribution substation to be dedicated to Council as public roadway, or as otherwise agreed with Ausgrid. Ausgrid’s requirements are to be met prior to release of the occupation certificate.

14. Clearances to Overhead Mains

If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, the applicant is to confer with Ausgrid to determine if satisfactory clearances to any existing overhead mains will be affected. If so, the applicant is to make arrangements with Ausgrid for any necessary modification to the electrical network in question.

These works to be at the applicant’s expense and Ausgrid’s requirements are to be met prior to actual construction commencing on site or as agreed with Ausgrid.

15. Sydney Water (DA Only)

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

• Quick Check agents details - see Building Developing and plumbing then Quick Check; and

• Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building Developing and Plumbing then Building and Renovating or telephone 13 20 92.

SECTION C – Prior to Commencement of Construction Conditions

The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site.


Item D2 (cont.)


16. Geotechnical Report

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site. In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot.

No rock breaking or other machinery for the excavation, drilling, cutting or removal of rock shall be used on the site prior to the acceptance by the principal certifying authority of the following documentation:

(i) A report by a geotechnical engineer detailing the measures recommended in

undertaking the works so as to prevent damage to any adjoining or nearby buildings.

(ii) The type and size of machinery proposed. (iii) The routes of all trucks to convey material to and from the site.

17. Detailed Stormwater Plan

The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

A Stormwater Detailed Plan and supporting information of the proposed on-site stormwater management system including any measures to control quality and quantity of the stormwater runoff discharged from the site are to be submitted. The required details in this Plan and the relevant checklist are presented in Council’s Water Management Policy.

• The Stormwater Detailed Plan is to be accompanied with a statement by a qualified Hydraulic Engineer that the proposed deviation has been designed to provide Council's stormwater system with no loss in Hydraulic Capacity.

• The Stormwater Detailed Plan is to be accompanied with detail of the scheduling of the proposed deviation of Council's stormwater system to show that Council's drainage network and its capacity shall be maintained at all times during construction. Site management and staging of the works will be the responsibility of the applicant, and must address all risks involved with working on a live asset. Sufficient water quality and sediment control must be observed during construction.

• With regard to the deviation of Council's Stormwater system:

1. Details of all proposed stormwater pits including their access lids and surrounds are to be submitted for approval by Council.

2. A root barrier is to be installed as recommended by the applicant's arborist for the full extent of the Council stormwater pipe deviation. Installation detail of this is to be provided for approval by Council.

3. A 3 metre long subsoil drain wrapped in filter fabric sock is to be installed adjacent to the base of all inlet pipes connecting into new and modified pits.

4. The new Council drainage pipeline is to be centrally located within the easement.


Item D2 (cont.)


5. Typical section of the pipe that shows bedding and backfill details are to be submitted for approval by Council.

The design parameters and the general concept of the proposed on-site stormwater management system are to be the same as documented in the approved Stormwater Concept Plan for the proposed development. Any variation to the approved concept design is required to be justified and supported by appropriate details, calculations and information to allow proper assessment of the revised concept design.

18. Certification of Detailed Plan

The detailed stormwater plan is to be certified by a Chartered Professional Engineer. A statement, that the stormwater system has been designed in accordance with Council’s Water Management Policy and satisfies the provisions and objectives of that policy, must be included in the Stormwater Detailed Plan.

19. Design of structures adjoining drainage easements

Footings, piers and any other load bearing structures in the vicinity of the stormwater asset are to be located so that all loads are transferred below the zone of influence of the stormwater asset or to bed rock. All load bearing structures must be located outside of any drainage easement. The footing schedule must be documented on the Detailed Stormwater plan and certification to this effect shall be provided by an Accredited Certifier.

20. On-Site Detention

A 25.1m3 On-Site Detention system with a Maximum Site Discharge of 16.9 Litres per Second is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

21. Certification by Mechanical Engineer

To ensure that adequate provision is made for ventilation of the building, mechanical and/or natural ventilation shall be provided. These systems shall be designed in accordance with the provisions of:-

a) The Building Code of Australia; b) Australian Standard AS 1668 Part 1 - 1998; c) Australian Standard AS 1668 Part 2 - 2002; d) The Public Health Act 1991; e) The Public Health (Microbial Control) Regulation 2000; f) Australian Standard 3666.1 - 2002; g) Australian Standard 3666.2 - 2002; h) Australian Standard 3666.3 - 2000.

Details of all mechanical and /or natural ventilation systems, along with specific certification, provided by an appropriately qualified person, verifying compliance with the abovementioned requirements.


Item D2 (cont.)


22. Structural Engineer’s Details

Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns & other structural members. The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

A copy shall be forwarded to Council where Council is not the PCA.

23. Tree Protection

Prior to the commencement of any works on the site the tree protection measures required for the established Tree Protection Zone (TPZ) of the trees to be retained shall be installed in accordance with Section 4 - Australian Standard AS 4970-2009 - Protection of

trees on development sites.

Unless otherwise specified in AS 4970-2009 a protective fence consisting of 1.8m high fully supported chainmesh shall be erected around the base of the tree. The distance of the fence from the base of each tree is to be in accordance with the TPZ listed below. A layer of organic mulch 100 millimetres thick shall be placed over the protected area and no soil or fill should be placed within the protection area.

There shall be no services installed within the drip line TPZ of the tree. This fence shall be kept in place during demolition, construction and also have a sign displaying “Tree Protection Zone” attached to the fence, this must also include the name and contact details of the Project Arborist.

24. Tree Retention – Arborist Report

The trees identified for retention in the Arborist Report prepared by Jacksons Nature

Works and dated 15 June 2013 and listed below shall be protected in accordance with the Arborist Report and the requirements of Section 4 - Australian Standard AS 4970-2009 -



Glochidion ferdinandi : Cheese Tree

24-28 Bembridge Street Carlton / Tree 1(Arborist Report) or Tree 7 (Landscape Plan.

1.8 metres

25. Protection of Site – Hoarding

A hoarding or fence must be erected between the work site and the public place if:

• the work involved in the erection or demolition of a building is likely to cause obstruction or inconvenience to pedestrian or vehicular traffic in a public place; or

• if it involves the enclosure of a public place.

If necessary an awning is to be erected which is sufficient to prevent any substance from or in connection with the work from falling into a public place.


Item D2 (cont.)


Any such hoarding, fence or awning is to be removed when the work has been completed.

If the work site is likely to be hazardous to persons in a public place, it must be kept lit between sunset and sunrise.

26. Ground Anchors

Should the proposed development require the installation of ground anchors to a road reserve the following must be complied with:

• The appropriate Roads Act 1993 approvals shall be obtained.

• The anchoring is to be de-stressed once no longer required.

• The work is to be clear of all services contained within the public roadway and the required dial before you dig investigations are to be undertaken in relation to any services that may be in the proposed anchor locations.

• Public liability insurances being held by the builder/ developer with a copy being submitted to Council.

• A works-as-executed plan showing the exact location of all anchoring points being submitted to Council upon their installation.

It is to be noted that if anchoring into adjacent private properties is required any such approval would need to be obtained from the owners of this property.

27. Driveway

In respect to vehicular access to the proposed development the gutter crossing and driveway are to be reconstructed between the kerb and street alignment to Council’s specifications.

In this regard a separate driveway application is to be lodged with Council for works outside the property boundary. Furthermore the design boundary level is to be received from Council prior to construction of the internal driveway.

28. Council Infrastructure Inspection

Prior to the commencement of any works an authorised representative of the applicant is to organise and attend a meeting on site with Council’s Infrastructure Compliance Co-ordinator to discuss protection of Council’s infrastructure. To organise this meeting contact Council’s Customer Service Centre on 9330 9400.

29. Public Liability Insurance

All nominated contractors / applicants carrying out driveway and/or restoration works on Council property must carry public liability insurance with a minimum cover of twenty million dollars ($20,000,000.00). In this regard, prior to commencement of works, the principal contractor is to lodge an “Application for the Construction of Work by Private Contractor” to Council, which includes submitting evidence of their current insurance. The principal contractor must ensure that sub-contractors are also adequately insured.


Item D2 (cont.)


30. Soil Erosion Controls

Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Environmental Site Management Policy and any approved Soil & Water Management Plan and shall incorporate:

• Measures to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways;

• Controls to prevent tracking of sand, soil, aggregates etc., by vehicles onto adjoining roadways.

SECTION D – Construction and Operational Conditions

The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use. 31. Inspections - Multi Unit

The following lists of inspections are the MANDATORY CRITICAL STAGE

INSPECTIONS that MUST be carried out by the Principal Certifying Authority (PCA).

(a) at the commencement of building works (b) prior to covering waterproofing in any wet areas, for a minimum of 10% of

rooms with wet areas within a building, and (c) prior to covering any stormwater drainage connections, and (d) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Certificates from your engineer or subcontractor are NOT acceptable in the first instance for the above inspections. Failure to have your PCA carry out these inspections could result in a delay or refusal to issue an Occupation Certificate.

In addition to the above, it is recommended that the following inspections be carried out for the subject development;

� Erosion Control

� Earthworks/Excavation

� Building setout

� Concrete reinforcement

� Timber and/or steel framework

� Mechanical/Hydraulic work

� Driveways

� Landscaping

� External Finishes


Item D2 (cont.)


32. Paved Parking Bays

As a result of the proposed new driveway location, the exiting parking bay located outside of No. 18 Bembridge St is to be extended 0.7m in order to allow the existing parking bay to extend to the new driveway location. The new driveway location will also result in part of the existing parking bay in front of No. 20 Bembridge St to be removed. In light of the the existing driveway outside of No. 22 Bembridge being made redundant and the trees being removed, the existing parking bay outside of No. 20 Bembridge St is to be extended 5.5m so that it matches and meets the existing parking bay outside of No. 22 Bembridge St creating an additional parking spot. The paved parking bays bricks are to be removed by Council with all associated costs to be borne by the applicant (Estimated cost $4,000.00).

33. Council permits

All required Council permits and applications are to be lodged and approved prior to any works commencing on the Council road or footway.

34. Storage of materials on Public Road

All building materials or waste containers must be stored within the confines of the site. The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

35. Use of Crane on Public Road

Prior approval must be obtained from Council a minimum of 24 hours before the use on any site of a crane, hoist or similar machinery that will be used to transfer materials across Council’s footpath. This includes cranes that are situated on roadways, footpaths and road reserves.

Any application for approval must be accompanied by the following information:-

• Site sketch indicating the proposed location of the crane, pedestrian controls and traffic controls;

• A copy of current public liability insurance indemnifying Council in the event of an incident;

• A copy of an RTA accredited traffic control plan;

• Proof that the local area command of the NSW Police have been advised of the proposal.

The use of a crane, hoist or similar machinery on any site without prior approval is prohibited.

36. Building Height - Surveyors Certificate

The proposed building is not to be erected at a height greater than that indicated on the approved plan. A certificate from a Registered Surveyor verifying the correct Reduced Level of the ground floor slab and boundary clearances shall be submitted prior to inspection of the steel reinforcement.


Item D2 (cont.)


37. Excavation of Site

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site. In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot (details are available from Council).

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

If the soil conditions require it, retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage

38. Storm Water to Kerb

Any stormwater connections to the kerb and gutter are to be in accordance with Kogarah Council's 'Specification for Construction by Private Contractors'.

39. Redundant Driveway

All existing vehicular crossings adjacent to the subject premises that have become redundant shall be removed and the footway and kerb and gutter reinstated at the developer/applicants expense.

40. Work within Road Reserve

A Development Consent or any related Construction Certificate does not allow for any form of road or footpath opening to be made external to the subject property boundary. Should such an opening be required a separate approval under S138 of the Road Act 1993 must be granted by Council prior to the commencement of any works within the road reserve. Applications may be made at Council’s Customer Service Centre.

41. Damage within Road Reserve & Council Assets

The applicant shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site. This may include works by Public Utility Authorities in the course of providing services to the site.

42. Public Utility & Telecommunication Assets

The applicant shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines & cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.


Item D2 (cont.)


43. Stormwater Drainage

All roof water and surface water from paved or concreted areas being disposed of to the street gutter by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3.2. The line must pass through a silt arrestor pit, a standard design is available within Council’s Water Management Policy.

44. Garbage Room

The proposed garbage room being provided with the following:-

a) A smooth concrete floor graded and drained to a floor waste connected to the sewer of the Water Board.

b) The walls being cement rendered with the intersection of the walls and floor being

coved to a radius of not less than 25mm. c) The door being close fitting to prevent the access of rats and mice. d) A cold water hose cock being provided for the cleaning of containers and the room

itself. e) Ventilation being provided by means of direct connection to the outside air to the

satisfaction of Council. f) A sign, minimum size 600mm x 600mm, directing residents not to place recyclables

in garbage carts and encouraging residents to recycle. Details of an acceptable wording for the sign are available from Council.

45. Hours of Construction

Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

46. Restriction on Hours of Excavation (other than single residential dwelling)

Despite the general hours of construction above,

a) The hours where rock breaking, cutting, hammering and drilling occur shall be

limited to 9:00am – 4:00pm on weekdays only.

b) A noise management plan for the above works, prepared by a suitably qualified acoustical practitioner in accordance with the Interim Noise Construction Guidelines prepared by the Department of Environment & Climate Change NSW, must be submitted to Council prior to commencement of any excavation works.


Item D2 (cont.)


47. Provision of Amenities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons or part of twenty (20) persons employed at the site or as specified by Workcover requirements .

• each toilet provided must be a standard flushing toilet and must be connected:

• to a public sewer; or

• if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council; or

• if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities must be completed before any other work is commenced.

48. Letter Boxes

Suitable letter box facilities (including Owner's Corporation in the case of strata units) shall be provided in accordance with Australia Post specifications.

49. Oil/Silt Separator

An oil/silt separator sized to the catchment area must be specified on the Stormwater Detailed Plans and located downstream of the proposed basement car park and prior to discharge to councils stormwater system.

50. Car Wash

To ensure that waste water is treated in an acceptable manner the car wash bay shall be designed and constructed to ensure that waste water is discharged to the sewer in accordance with the requirements of Sydney Water. Evidence of a permit issued by Sydney Water shall be submitted.

51. Basix Certificate Details – DA Only

Construction of building works given Development Consent must be carried out in accordance with a valid and current BASIX certificate and all required commitments must be satisfied.

52. Air Conditioning / Offensive Noise

Air conditioning plant and equipment shall be installed and operated so as to not create an offensive noise as defined under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Noise Control) Regulation 2008.

53. Building Finishes

The building finishes are to be constructed in accordance with the colour board and perspective submitted with the Development.


Item D2 (cont.)


54. Off Street Parking

A minimum of eighteen (18) off street car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans. These spaces shall be allocated as follows:

a) Sixteen (16) are to be allocated to the residential units. b) Two (2) are to be allocated as visitor parking spaces.

55. Residential Car Parking Spaces

A minimum of one (1) unrestricted car parking space shall be allocated to each residential unit.

56. Visitor Parking

A directional sign shall be provided at the front of the site indicating the availability of visitor and/or customer parking on site. Those visitor and/or customer spaces shall be marked or signposted.

57. Tree Protection - Excavation

Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not adversely be affected.

Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become compromised by any excavation works, the Project Arborist shall be consulted to establish the position of any major roots and determine the necessary measures to protect these roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place.

Tree Protection Zone (TPZ) around the trees to be retained are not to have soil level changes or services installed in this area. Any structures proposed to be built in this area of the trees are to utilise pier and beam or cantilevered slab construction.

58. Tree Retention

The trees identified in the table below shall be retained and not damaged, pruned or removed without the prior approval of Council. These trees shall be protected in accordance with the requirements of Section 4 - Australian Standard AS 4970-2009 -



Callistomen viminalis:

Bottle Brush Street tree/ Tree 1 2.4 metres


24-28 Bembridge Street /Tree 7

1.8 metres


24-28 Bembridge Street/ Tree 8

1.2 metres


Item D2 (cont.)


59. Tree Removal

The trees identified in the table below may be removed:

Tree Species Location on Site/Tree No Work Required

Cinnamomum

camphora : Camphour laurel


Removal

Morus nigra:

Mullberry 20-22 Bembridge Street/ Tree 5

Removal

Ligustrum lucidium : Privet


Removal

Syagrus

romanzoffianum

Cocos palm


Removal

Syagrus

romanzoffianum Cocos palm


Removal

Cupressus sp:

Golden Cypress 20-22 Bembridge Street/ Tree 11

Removal

Lagerstromeia indica:

Crepe Myrtle 20-22 Bembridge Street/ Tree 12

Removal

All tree removals are to be carried out by a certified Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees) and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

No trees are to be removed on the site or neighbouring properties without the prior written approval of Council.

60. Street Tree Removal & Replacement

The street trees Callistomen viminalis: Bottle Brush (Tree2) and Callistomen viminalis:

Bottle Brush (Tree3) located on council’s nature shall be removed to accommodate the driveway proposal and an appropriate replacement tree/s provide. The following conditions will apply:

a) All cost associated with the removal of the tree/s and the planting of replacement

shall be met by the applicant/owner and paid to council. b) Kogarah City council works shall undertake all works associated with the removal of

the subject tree/s and the replanting of the replacement tree/s.

The replacement trees are required to be planted prior to the final building inspection/occupation.


Item D2 (cont.)


SECTION E – Prior to Occupation or Subdivision Certificate Conditions

The conditions that follow in this Section E of the Notice of Determination relate to conditions that ensure that the development is completed in accordance with the requirements of the Development Consent prior to the issue of either an Occupation Certificate or a Subdivision Certificate. 61. Adaptable Housing Certification

Certification shall be provided by a person suitably accredited by the Association of Consultants in Access Australia, verifying that the development has been constructed in accordance with the requirements of AS4299 - Adaptable Housing and AS1428 - Design

for Access and Mobility and in accordance with the report and checklist submitted with the Construction Certificate.

62. SEPP No. 65 Certification

A design verification statement from a qualified designer shall be submitted verifying that the development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principals of State Environmental Planning Policy No. 65.

63. Completion of Landscaping

Certification shall be provided from a suitably qualified and experienced Landscape Designer or Landscape Architect. This Certification shall verify that the landscape works have been completed in accordance with the approved detailed landscape plan and relevant conditions of this consent.

Note: A Landscape Designer is a person eligible for membership of the Australian

Institute of Landscape Designers and Managers and a Landscape Architect is a person eligible for membership of the Australian Institute of Landscape Architects as a Registered Landscape Architect

64. Consolidation of Lots

The lots covered by this development consent shall be consolidated into one lot and proof of registration of the consolidation shall be submitted to Council.

65. Section 73 Compliance Certificate

A Section 73 Compliance Certificate under the Sydney Water Act, 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under “Developing Your Land” or telephone 13 20 92 for assistance.


Item D2 (cont.)


Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, since building of water / sewer infrastructure 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. 66. Stormwater Compliance Certificate

A Stormwater Compliance Certificate is to be obtained for the constructed on-site stormwater management systems in conjunction with the works-as-executed drawings and the final inspection. This Certificate is to be signed by an accredited hydraulic engineer (preferably be the original design consultant) and submitted to the Principal Certifying Authority. Copy of the standard Stormwater Compliance Certificate is shown in Council’s Water Management Policy.

If the proposed works involve Council owned stormwater infrastructure (or infrastructure to be owned by Council), then the applicant should organise inspection with Council and pay Council the appropriate inspection fee. Inspection is to be carried out at the following specified stages:

• Prior to backfilling of pipelines trenches.

• Prior to backfilling of drainage connection to pipeline or channels.

• Prior to casting pits and other concrete structures including kerb and gutter, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

67. Positive Covenant

A Restriction on Use of the land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owner of the land. The terms of the instrument are to be generally in accordance with the Council’s standard terms and conditions for Restriction on Use of the land and Positive Covenant shown in Council’s Water Management Policy.

68. Maintenance Schedule

A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

69. Works as Executed

A Works As Executed plan of Council's Stormwater system deviation as constructed including all levels will be required to be submitted to Council prior to the release of a Subdivision certificate.


Item D2 (cont.)


70. Drainage Easement

A drainage easement 2.5 metres wide is to be granted in favour of Council over the newly constructed Council owned drainage pipeline within the lot(s) subject to this development consent. The pipeline shall be centrally aligned within the easements. The alignment of such easements shall be in accordance with the Stormwater Detailed Plan prepared and approved by Council or an accredited certifier. All costs including surveying and legal costs are to be borne by the applicant.

71. Fire Safety Schedule

Certain items of equipment or forms of construction shall be nominated as "fire safety measures" within the building.

Upon completion of works, and before occupation of the building, each of the fire safety measures is required to be certified by an appropriately competent person (chosen by the owner of the building). The certificate is to state that the measure was inspected and found to be designed, installed and capable of operating to a standard not less than that required by the relevant regulations.

Further, it is the responsibility of the owner of the building that each fire safety measure is again inspected and certified as to its condition every twelve (12) months following the submission to Council of the original certification.

72. BASIX Completion Receipt

In accordance with clause 154C of the Environmental Planning and Assessment Regulation 2000, prior to issuing a final occupation certificate the certifying authority must apply to the Director-General for a BASIX completion receipt.

SECTION F – Prescribed Conditions

The following are prescribed conditions of development consent pursuant to s.80A(11) of the Environmental Planning and Assessment Act 1979 and cl.98 of the Environmental Planning and Assessment Regulation 2000.

73. Compliance with the Building Code of Australia

The development must be carried out in accordance with the provisions of the Building Code of Australia.

74. Insurance Requirements under Home Building Act 1989

The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act, 1989. This means that a contract of insurance must be in force in accordance with Part 6 of that Act before any building work authorised to be carried out by the consent commences.


Item D2 (cont.)


It is the responsibility of the builder or person who is to do the work to satisfy Council that they have complied with the applicable requirements of Part 6 of the Home Building Act, 1989.

If Council is the Principal Certifying Authority it will not carry out any inspections until a copy of the insurance certificate is received.

75. Erection of Signs

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

(a) showing the name, address and telephone number of the principal certifying authority

for the work, and (b) showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours, and (c) stating that unauthorised entry to the work site is prohibited.

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed

76. Notification of Home Building Act 1989 Requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6 of that Act,

(b) in the case of work to be done by an owner-builder: (i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act,

the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

77. Shoring and Adequacy of Adjoining Property

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:


Item D2 (cont.)


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

(b) where necessary, underpin the adjoining premises to prevent any such damage. The above condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

78. Council Notification of Construction

The erection of a building which is the subject of a Development Consent must not be commenced until:

a) Detailed plans and specifications of the building have been endorsed with a

construction certificate by Council or an accredited certifier. b) the person having the benefit of the development consent has:

• appointed a Principal Certifying Authority (PCA),and

• notified Council (if Council is not the PCA) in writing of the appointment, and

• given at least two (2) days notice to Council of their intention to commence the erection of the building. The notice may be in writing or by phone.

END CONDITIONS

SECTION H – Advisory Notes

(i) Worksite Safety

It is usually the owner/applicant’s responsibility to ensure that the development site is a safe working environment. This may be by the engagement of an appropriately competent principal contractor. There are various legislative and WorkCover requirements with respect to maintaining a safe work-site. Details of these requirements and legislation, as well as, guidance and advisory material, can be found on the WorkCover Website www.workcover.nsw.gov.au.

(ii) Worksite Safety Scaffolding

Council is committed to worksite safety and requiring that all scaffolding is installed by competent and qualified professionals with the relative appropriate standards. The applicable Australian Standards for the scaffolding is AS/NZS1576 in respect of the design of the scaffolding and AS/NZS4576 with respect to the erection of the scaffolding. Also, you should ensure that those erecting scaffolding are appropriately qualified and have the appropriate qualifications to erect scaffolding. For further information regarding this please see www.workcover.nsw.gov.au.


Item D2 (cont.)


(iii) Kid Safe NSW

Kidsafe NSW has produced Safer Homes for Children Design and Construction Guidelines for builders, renovators and home owners. The guidelines identify common hazards for children and recommended practical design applications to improve child safety for all areas of the home. Free copies of the Guidelines are available from Council’s Customer Service Centre, or contact Kidsafe on (02) 9845 0890 or their website http://www.kidsafensw.org/homesafety/index.htm for more information.

(iv) Dial Before You Dig

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavation or erection of structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

(v) Discrimination Act

This authorisation does not imply that the proposal complies with Disability

Discrimination Act 1992. The Proponent is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS 1428.1 – Design for Access and Mobility. AS1428 Parts 2, 3 & 4 provides the most comprehensive technical guidance under The Disability

Discrimination Act 1992.

(vi) Demolition Waste

Sorting your construction and demolition waste will save you money. For pricing and disposal options for sorted loads of tiles, bricks, timber concrete or asphalt call Waste Service NSW on 1300 651 116.

(vii) Property Address

Property addresses shall be allocated by Council in accordance with the Addressing Standard AS/NZS 4819:2011.

b) That the applicant be advised of their right of appeal to the Land and Environment Court

with regard to Council’s decision in this matter. c) That those who made a submission be advised of Council's decision in this matter.

Report Summary

Proposal

1. Council is in receipt of an application for the demolition of two (2) dwellings and the

construction of a four (4) storey residential flat building and strata subdivision on the subject site.


Item D2 (cont.)


Site and Locality

2. The site consists of two (2) lots rectangular in shape located on the south- eastern side of Bembridge Street. The development site consists of an area of 966m2 and street frontage width of 24.385m while being currently occupied by two (2) detached dwellings.

Zoning and KLEP 2012 Compliance

3. The site is zoned R3-Medium Density Residential under KLEP 2012 and the proposal is a permissible form of development with Council’s consent. The proposed development fails to satisfy Clause 4.1A of KLEP 2012 in respect to minimum lot size for residential flat buildings. This is discussed in the later stages of this report.

Kogarah Development Control Plan 2013 (KDCP 2013)

4. The proposed development satisfies the provisions of Section 1.1 – Streetscape Character of KDCP 2013 and complements the existing streetscape character. However, the proposal does not comply with Councils controls for density, number of stories, height, setbacks, common open space, car parking and impervious area.

Submissions

5. Three (3) submissions were received raising concern to bulk and scale, car parking,

privacy overshadowing, DCP non-compliances and damage to property. Conclusion

6. Having regard to the Heads of Consideration under Section 79C (1) of the

Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal Development Application No. 300/2014 should be approved subject to conditions.

Report in Full

Proposal

7. Council is in receipt of an application for the demolition of two (2) dwellings and the construction of a four (4) storey residential flat building and strata subdivision on the subject site.

The Site and Locality

8. The site consists of two (2) lots rectangular in shape and is located on the south- eastern side of Bembridge Street. The site consists of an area of 966m2 and street frontage width of 24.385m and is currently occupied by two (2) detached dwellings.


Item D2 (cont.)


9. Residential flat buildings ranging in scale from two (2) to four (4) stories are presented along Bembridge Street while a number of detached single dwellings and semi-detached dwellings are also presented all of which are undeveloped. A single storey semi-detached dwelling adjoins the site to the north-east while a residential flat building comprising of a three (3) storey scale adjoins the site to the south-west.

Background

10. Council approved a development application on 2 July 2013 for the demolition of

existing dwellings and the construction of residential flat building containing ten (10) units including basement carpark and strata subdivision on the subject site.

11. This application was submitted with Council on 8 December 2014 and neighbour notified from 12 December to 26 December 2014 where three (3) submissions were received raising concern to bulk and scale, car parking, privacy, overshadowing, DCP non-compliances and damage to property.

12. On 15 January 2015 the proposal was reviewed by the St George Design Review

Panel who generally supported the application subject to minor changes being made. 13. Plan amendments and additional information were submitted to Council on

29 January 2015. 14. The information received addressed both Council concerns and the Design Review

Panel comments. 15. This report is based on those plans. Section 79C Assessment 16. The following is an assessment of the application with regard to Section 79C (1) of

the Environmental Planning and Assessment Act 1979. (1) Matters for consideration – general


Item D2 (cont.)


In determining an application, a consent authority is to take into consideration

such of the following matters as are of relevance to the development the subject of

the development application:

(a) the provision of:

(i) any environmental planning instrument, Kogarah Local Environmental Plan 2012 (KLEP 2012)

Part 2 – Permitted or Prohibited Development

Clause 2.1 – Land Use Zones

17. The site is zoned R3-Medium Density Residential under KLEP 2012 and the proposal is a permissible form of development with Council’s consent. The proposed development satisfies all relevant clauses contained within KLEP 2012.

Part 4 – Principal Development Standards

Clause 4.1A - Minimum lot size for residential flat building

18. Residential Flat Buildings within the R3 Zone are required to be constructed on a lot/s where the area is equal to or greater than 1000m2. The proposed residential flat building will be constructed on two (2) lots that comprise of a total area of 966m2. In order to address this shortfall, the applicant has submitted a Clause 4.6 variation that is discussed below.

Clause 4.6 – Exceptions to development standards

(1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development

standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in

particular circumstances.


Item D2 (cont.)


(2) Development consent may, subject to this clause, be granted for development even though

the development would contravene a development standard imposed by this or any other

environmental planning instrument. However, this clause does not apply to a

development standard that is expressly excluded from the operation of this clause.

Comment

19. The applicant has submitted a written request that has outlined that compliance with the development standard 4.1A where Residential Flat Buildings within the R3 Zone are required to be constructed on a lot/s where the area is equal to or greater than 1000m2 is unreasonable and unnecessary in the circumstance of this case and that there are sufficient environmental planning grounds to justify contravening the development standard. The written request outlined that Council had previously approved a residential flat building of a three (3) storey scale on the subject site while the site consolidation pattern along the street results in site areas that are all deficient with the required 1000m². It was also argued that the proposal suitably responds to the zone objectives while it will also provide new housing within a highly desirable location with excellent access to amenities and services.

20. In this instance, Council is satisfied that the written request has suitably addressed the

matters required to be demonstrated in Clause 4.6 subclause (3) where the development is considered to be in the public interest and consistent with the objectives of this standard and with the objectives for development within the zone in which the development is proposed to be carried out.

Part 5 – Miscellaneous Provisions

Clause 5.9 – Preservation of Trees or Vegetation

21. The proposal was forwarded to Council’s Tree Management Officer for comment and consent conditions will be imposed to reflect tree preservation requirements on site. In addition, consideration has been given to the provisions of Section B2 – Tree Management and Greenweb of KDCP 2013 and the proposed development satisfies the relevant controls for tree and greenweb management.

Clause 5.10 – Heritage Conservation

22. The subject site is not listed as a heritage item in Schedule 5, is not within a Heritage Conservation Area, nor are there any heritage items located nearby.

Part 6 – Additional Local Provisions

Clause 6.1 – Acid Sulfate Soils

23. The subject site is not shown as being affected by acid sulfate soils as identified on the Acid Sulfate Soil Map.


Item D2 (cont.)


Clause 6.2 – Earthworks 24. The proposed development will require significant excavation works in order to

accommodate the basement car park. The proposed excavation is the minimum necessary to achieve a basement and it has been designed to allow for substantial deep planting areas around the perimeter of the building.

25. It is considered that the proposed earthworks are considered acceptable having regard

to the provisions of this clause as the works are not likely to have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

Clause 6.3 – Flood Planning

26. The subject site has not been identified as a flood planning area on the Flood Planning Maps.

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

27. A BASIX Certificate has been issued for the proposed development and the

commitments required by the BASIX Certificate have been satisfied.

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat

Development (SEPP No. 65)

28. The proposed development is subject to the provisions of SEPP No. 65, which aims to improve the quality of residential flat design in NSW.

29. The application has been accompanied by a design verification from a qualified

designer that verifies that:

a) He or she designed or directed the design of the modification, and

b) The modifications achieve the design quality principles as set out in Part 2 of

SEPP No 65, and

c) The modifications do not diminish or detract from the design quality, or

compromise the design intent of the approved development.

30. The application was referred to the St George Design Review Panel for consideration

at their meeting of 15 January 2015. The following comments were provided with respect to the design quality principles set out in the Policy:

31. It should be noted that the Department of Planning and Environment has issued a gateway determination for the planning proposal for the New City Plan to proceed. The New City Plan proposes to rezone land and increase gross floor space ratios and height on certain sites. It has been recommended to increase the floor space and height on the subject site. The Design Review Panel based its comments / recommendations on this draft which are detailed below.


Item D2 (cont.)


Context

32. Fits with the evolving context

Comment

33. Acceptable.

Scale

34. Appropriate.

Comment

35. Acceptable. Built Form

36. Appropriate. Comment

37. Acceptable.

Density 38. Appropriate.

Comment

39. Acceptable.

Resource, energy and water efficiency 40. Subject to Basix- Clarify the Use of the stormwater storage tank. Comment

41. It has been confirmed that the stormwater tank is to be used for landscape irrigation as noted in the stormwater plans lodged with the DA.

Landscape

42. The panel is concerned that there are inadequate deep soil areas provided within the site design. Unfortunately, the drainage easement may not provide for the tree and shrub planting as shown in the landscape plan and not function effectively.

43. The applicant has suggested that deep soil planting may be able to be provided at the

front of the site and also at the rear at the eastern corner. Deep soil areas may also be able to function as common open space. The tree species planted in the verge should match the large mature trees existing north and south of this site in the street.


Item D2 (cont.)


44. The common area at the rear of the site is of little utility. The purpose of this area needs

to be identified and it needs to be designed accordingly. The clothes lines location immediately adjacent to living room windows is problematic. The clothes line should be re-located or removed altogether.

45. The volume of the stormwater tank needs to be sufficient to irrigate the proposed

landscaped areas. 46. There is no functional communal open space provided. As noted above the re-

configuration of the basement to increase deep soil area may allow for the inclusion of some communal open space within the site.

47. Civil works within the tree protection zones of the existing street trees may compromise

their retention. The design should recognise this and propose replacement planting.

Comment

48. The proposed basement has been reduced in size in order to provide additional deep soil areas along both the front of the site and along the rear eastern corner. In respect to common open space, this has been deleted in its entirety as it is of little utility for a development of this scale while the area initially dedicated as common space is now to be dedicated to the private open space area to the ground floor units along the rear. This will provide greater privacy and amenity to both of these units. As recommended, the clothes lines have been removed.

49. In respect to stormwater tank volume, this is determined by Council’s online calculator.

The volume of stormwater detention calculated has been achieved in the proposed design and is adequate for irrigating the landscaped areas.

50. In respect to street trees, two (2) additional street trees have been proposed to

complement the existing streetscape. Amenity

51. Satisfactory except for comments made above concerning communal open space and landscaping.

Comment

52. Acceptable.

Safety and Security

53. Satisfactory. Comment 54. Acceptable.


Item D2 (cont.)


Social, dimensions and housing affordability

55. The panel notes that all thirteen (13) units are 3-bedroom, meaning there is a high

probability that children will reside in the development. The lack of suitable communal open space is consequently a concern.

Comment 56. As discussed, the provision of communal open space for this scale of development

would be of little utility while it would also potentially result in adverse amenity impacts to the private open space areas of the units adjoining this common area. A number of accessible parks are located within walking distance of the development suitably catering for any potential children who may reside within this development.

Aesthetics

57. The panel is concerned that the public/private interface landscaping must achieve a greater aesthetic appeal than the adjacent site to the south. The communal landscape must be able to be easily maintained by the unit holders.

Comment 58. The range of landscaping selected for the common areas along the front of the site are

of high quality and are of a low maintenance species. All common areas have been designed so as to provide ease of access for maintenance purposes. Additionally, maintenance of all of the common areas is the responsibility of the body corporate.

Kogarah Development Control Plan 2013

59. The proposed development is subject to the provisions of the Kogarah Development

Control Plan 2013. The following comments are made with respect to the proposal satisfying the objectives and design principles contained within the Guide.

Number of Storeys 60. Council’s DCP permits three (3) storey residential flat buildings on the subject site. 61. The proposal involves the construction of a four (4) storey building failing to comply

with this numerical control. The non-compliance should be supported for the following reasons:

• The New City Plan gateway determination outlines an anticipated scale that will range from four (4) to five (5) on both the subject and neighbouring undeveloped sites within the local context. The proposed four (4) storey scale is below the maximum five (5) storey scale recommended for the site.

• The proposal satisfies the design principles contained in SEPP 65 and the Residential Flat Design Code.

• The building facades are suitably articulated in order to reduce the visual scale of the building when viewed from both the neighbouring properties and the street.

•


Item D2 (cont.)


No unreasonable level of amenity impacts related to privacy or overshadowing will result from this non-conformity over that which would result from the previously approved development. The shadow diagrams submitted depict an elevational comparison of the shadowing being incurred as a result of the approval for a three (3) storey building in comparison to that anticipated from a fourth storey. There will be no additional shadowing to the south-western side of the neighbouirng RFB located at No.’s 24-28 Bembridge Street after 12pm on 22 June ensuring that the proposal will remain compliant with DCP controls.

Height 62. The proposed development has a maximum height of 12.14m (H1) and 13.89m (H2)

that fails to comply with the maximum height limit of 10.5m (H1) and 12m (H2) for residential flat buildings with a three (3) storey height limit. The non-compliance should be supported for the following reasons:

• The New City Plan gateway determination outlines an anticipated height maximum of 15m. The proposed maximum height of 13.89m is below the anticipated height maximums as outlined in the New City Plan. It should be noted that this maximum height is measured to the clerestory windows and not that of the building parapets which do comprise of a maximum height of 12.74m, marginally above the maximum allowable for a three (3) storey 12m high building.

• The height non-compliance will not result in the creation of any unreasonable amenity impacts to the already developed RFB adjoining the site to the south-west or the neighbouring semi-detached dwelling to the north-east. This dwelling is of an older style anticipated to be redeveloped in the near future to a scale similar to that being proposed.

• The internal amenity of the approved, modified and additional units is not significantly compromised with each unit receiving in excess of the minimum amount of solar access.


Density 63. Council’s DCP permits a density of 1.1m2 of site area per m2 of dwelling which in

this instance equates to 891.7m2. This development proposes a density of 1419m2 or 1.47:1 that fails to comply with the above noted control. While non-compliant it should be supported for the following reasons:

• The New City Plan gateway determination outlines an anticipated density of 1.5:1 or 1449m² which would be applicable for the subject site. This proposal results in a density below the maximum anticipated.

• The building maintains a high level of articulation throughout ensuring that any visual bulk is dispersed throughout the facades.



Item D2 (cont.)


Setbacks Front

64. The DCP requires a front setback of 5m to 7m for residential flat buildings. A

maximum of 75% of the width of the building must be a minimum 5.0m with the remaining 25% setback a minimum of 7.0m. The proposed development complies with this control as it observes a minimum front setback of 5m for 75% and the remaining 25% of 7m or more.

Rear

65. The proposed building presents a rear setback (south-eastern) ranging from 3.9m to

7.3m. A non-compliance does arise for a section of the fourth floor associated with bedroom one where a 4.6m setback is proposed in place of the required 5.1m. While non-compliant, the length of wall associated with this no-conformity is 4.6m in width while the remainder of the setback along this elevation generally exceeds the minimum required, offsetting any potential impact that may result from the non-compliance. Additionally, the level of articulation provided along this elevation ensures that the bulk of the façade is dispersed and not visually obtrusive at any point.

Side

66. Along the north-eastern side elevation, side setbacks range from 4.07m to 4.66m

while along the south-western side, setbacks range from 3m to 4.8m. Non-compliances do arise on the fourth floor of the dwelling where minimum setbacks of 5.3m (north-east) and 5.2m (south-west) are required. While numerically non-compliant, these variations should be supported for the following reasons:

• Along the north-eastern and south-western side elevations, the range and quality of finishes proposed ensures that visual interest is maintained and the possible visual impacts associated with the setback non-compliances diminished.

• No adverse amenity impacts related to privacy or overshadowing will result from the setback shortfall along these elevations. Additional perimeter balcony screens have been proposed to all floors while fixed frosted glazing to a sill height of 1.55m has also been incorporated along the north-eastern side elevation. Aluminium sliding privacy screens are incorporated along the south-western side elevation over all windows apart from those associated with bedroom-two of unit No.’s 6, 9 and 12. A consent condition will be imposed requiring that screening be also provided along these windows in order to ensure no privacy impacts result to the neighbouring RFB.

• Assuming that any future building along the north-eastern side elevations proposes complaint setbacks, their overall bulk and scale will most likely exceed that of this development assuming they are built to the anticipated maximums outlined in the New City Plan. As a result, no future setback disparity is anticipated to result while the non-conforming setbacks proposed in this instance will be offset by the fact that this building is being built below the anticipated maximums for density, number of storeys and height.


Item D2 (cont.)


67. As a result of the above, the side setback non-compliances can be supported. Site Coverage 68. A maximum site coverage of 45% is applicable to residential flat buildings equating

to 434m2 in this instance. The proposal provides 386m2 of site coverage or 40% complying with the DCP controls.

Impervious Area 69. Residential flat buildings are to have a maximum impervious area of 55% equating to

531m2 in this case. 70. The proposal does not comply with this requirement, having 75% (724m2) of

impervious areas on the site. The variation is considered acceptable for the following reasons:

• Suitable deep soil landscaping is provided along the external perimeters of the site allowing for the planting of suitable trees and shrubs.

• The building footprint of the proposed development is comparable to surrounding residential flat buildings ensuring that the proposal will not appear as an overdevelopment of the site.

• A 2,500L rainwater tank is proposed as part of the stormwater plan that will reduce the amount of water from the site into Council’s stormwater system.

Common Open Space 71. Common open space for residential flat building developments shall be provided at a

rate of 30m2 per dwelling for those units that have balconies as their only form of private open space. Therefore, a minimum of 270m2 is required.

72. The proposed development incorporates no common open space areas. The non-

compliance should be supported as the scale of development is such where occasional meetings between residents would occur without the requirement of a designated area. Further, private open areas have been provided along the street and to the rear in place of common open space areas which consistent with this type of development style and size.

Private Open Space 73. The DCP requires a minimum area of 35sqm of private courtyard space be provided

for ground floor units with a minimum dimension of 3m. All ground floor units comply with this requirement. The upper level units that do not have access to courtyard areas provide balcony areas all of which exceed Council controls that require a minimum 12m2 area and a 3m dimension.


Item D2 (cont.)


Other Requirements:

Solar Access 74. The DCP states that at least 50% of the primary open space area of the proposed

development should have access to a minimum of 4 hours of sunlight between 9am and 3pm on 21 June. Unit 3 is the only unit not capable of complying with this control as a result of the orientation of this unit within the development. As a result, shadowing to this unit’s private open area is unavoidable and, while it will not receive the required amount of sunlight, the area will still receive sufficient spillover light ensuring that the usability of this area is not compromised.

75. In addition, the DCP requires at least 50% of the neighbouring existing principal open

space or windows to main living areas must receive a minimum of 3 hours of sunlight between 9am and 3pm on 21 June. The proposal satisfies this requirement.

Privacy 76. Privacy to the adjoining residential flat buildings to the side (south-west), rear (south-

east) will be maintained at an acceptable level particularly with the level of screening provided to both balcony areas and windows along these elevations. In respect to the overlooking into the semi-detached dwelling (north-east), all balcony perimeter areas provide suitable screening of both a fixed and moveable nature, while all of the windows proposed along this elevation will comprise of a frosted glazed sill height of 1.5m preventing any direct view into this dwelling. Further, appropriate screen planting has been proposed along both the rear and side boundaries again assisting in minimising the potential for any overlooking into the adjoining property from the lower floor levels.

Traffic & Parking

77. A total of sixteen (16) resident and two (2) visitor car parking spaces have been provided. In accordance with DCP controls, twenty-nine (26) residential and three (3) visitor spaces are required to be provided. In order to address this numerical non- compliance, the applicant has provided a traffic and parking assessment prepared by Terraffic Pty Ltd where an independent review has been undertaken of parking implications resulting from the shortfall as noted above.

78. The report utilised Census data for this area that was cross tabulated in order to

determine an actual resident parking demand. The output of this analysis indicates that three bedroom units generally require 1.24 spaces per unit which in the circumstance of this case, equates to 16.1 spaces. The proposed development provides sixteen (16) residential spaces in line with these findings. In respect to visitor parking, the report concluded that the shortfall in one space is minor and can be accommodated on street where two (2) dedicated spaces have been provided along the street frontage.


Item D2 (cont.)


79. Further, this level of parking provision is consistent with the NSW Governments

“Apartment Design Guide” which is read in conjunction with the Draft State Environmental Planning Policy No. 65. This Draft Design Guide details that no car parking spaces are required to be provided where a development is located within 400m from a railway station which is the circumstance of this case. If this Draft was to be adopted, the provision of sixteen (16) resident spaces could potentially exceed the SEPP requirements.

80. As a result, the shortfall in car parking is considered to be acceptable.

Adaptable and Accessible Housing 81. Two (2) Adaptable Units have been proposed, complying with the DCP Controls.


82. All stormwater from the proposed development can be treated in accordance with

Council’s Water Management Policy and would satisfy the relevant provisions of the

Deemed State Environmental Planning Policy – Georges River Catchment.

(ii) any draft environmental planning instrument that is or has been placed on public

exhibition and details of which have been notified to the consent authority, and 83. The Department of Planning and Environment has issued a gateway determination for

the planning proposal of the New City Plan to proceed. No changes to the draft planning proposal were required by the Department.

84. A report will be presented to the Council meeting in early 2015 seeking guidance on

the public exhibition of the planning proposal. Until this report has been endorsed by Council and the proposal formally exhibited, no draft environmental planning instruments are technically applicable to the proposed development; however, the proposed height and floorspace provisions of the New City Plan have been considered as a guideline in this assessment.

(iii) any development control plan, Kogarah Development Control Plan 2013 Compliance Table

85. The following table outlines proposal compliance with the primary controls contained within KDCP 2013.


Item D2 (cont.)


Standard

DCP Requirement Development Proposal

Site Area

1000m2 966m2

Min Frontage Width 20m 24.385m

No. Storeys 3 4

Density (1.1m2 of site area per m² dwelling)

891.7m2 1419m2

Building Envelope

Height 10.5m (upper most habitable) 12m (overall)

12.14m 13.89m

Setbacks

Front

A maximum of 75% of the width of the building must be a minimum 5.0m with the remaining 25% setback a minimum of 7.0m Side and rear

3m plus ¼ the amount of wall height exceeds 3m (south-eastern elevation)

See report

Other

Adaptable Units 2 2

Common Open Space Total: Dimension:

270m2 5.0m (min)

Nil

Car Parking Resident Visitor

26 spaces 3 spaces

16 spaces 2 spaces

Section 94 Contributions

86. The proposed development requires payment of $145,751.22 of Section 94 contributions based on the provisions of the Section 94 Plan 2006 applicable to Precinct 2 (Carlton) and includes Plan No. 1 Road and Traffic Management, Plan No. 5 Open Space and Plan No. 9 Kogarah libraries building and books component.

(iii) any matters prescribed by the regulations, that apply to the land to which the

development application relates,


Item D2 (cont.)


87. Not applicable. (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, 88. The proposed development is of a scale and character that is in keeping with other

development being constructed in the locality. Accordingly, the proposal is not considered to have a significant impact on the natural and built environment of the locality.

(c) the suitability of the site for the development, 89. It is considered that the proposed development is of a scale and design that is suitable

for the site having regard to its size and shape, its topography, vegetation and relationship to adjoining developments.

(d) any submissions made in accordance with this Act or the regulations,

90. In accordance with the provisions of Section A2 – Public Notification of KDCP 2013

the application was placed on neighbour notification for a period of fourteen (14) days. Adjoining property owners were notified in writing of the proposal and invited to comment. Three (3) submissions were received raising the following concerns:

1. Bulk and Scale

Comment: 91. As discussed in the body of this report, the scale of buildings along Bembridge Street

range from two (2) to four (4) stories where a four (4) storey building is already presented at No. 31 Bembridge Street. Assuming that any future buildings along Bembridge Street are built on the undeveloped lots in accordance with the New City Plan, a consistent bulk and scale will result with both the current and future context.

2. DCP non-compliances

Comment: 92. As outlined in the body of this report, a number of DCP non compliances are

presented. The non-compliances have been assessed as being acceptable and justification to the extent and nature of the non-conformities is detailed in the body of this report.

3. Privacy and overshadowing


Item D2 (cont.)


Comment: 93. A minor level of additional overshadowing will be present on the existing Residential

Flat Building located to the south-west of this site; however, no additional shadowing will be incurred after 12pm on 22 June maintaining compliance with Councils DCP controls. In respect to privacy, suitable design measures have been proposed in order to ensure impacts to the neighbouring properties are suitably mitigated.

4. Damage to property

Comment 94. Suitable consent conditions will be imposed related to the provision of geotechnical

and or dilapidation reports. Mediation/Public Meeting 95. Discussions were held with the objector from No. 18 Bembridge Street (semi-

detached dwelling adjoining the site to the north-east) on 22 January 2015. After the proposal was discussed in detail, the only remaining concern the objector had was related to privacy. When the objector was advised that all balconies will consist of suitable perimeter screening and all windows facing onto his property would be made obscure to a fixed height of 1.5m, no further objection was received.

96. On 22 January 2015, discussions were held with the objector from No. 30 Bembridge

Street in relation to their concerns. Once the proposal was clarified and the proposal discussed, no further objection was raised.

97. On 3 February 2015 discussions were held with the objector from No. 1/24

Bembridge Street where their concerns in relation to the proposal were discussed. The objector was concerned about overshadowing and privacy but when the proposal and the design outcomes were explained, the objector understood that design amendments have been made in order to protect local amenity.

(e) the public interest.

98. The proposed development is of a scale and character that does not conflict with the

public interest. Conclusion 99. The application has been assessed having regard to the Heads of Consideration under

Section 79C of the Environmental Planning and Assessment Act 1979, the provisions of KLEP 2012 and KDCP 2013.

100. Following detailed assessment it is considered that Development Application No.

300/2014 should be approved subject to conditions.


Item D2 (cont.)


Attachments/Annexures

1 Neighbour Notification Map 1 Page Annexure

2 A4 Plans 2 Pages Annexure

End of Report

MAYORAL REPORT Page 80 REGULAR COUNCIL MEETING 23 February 2015


Item F1: New South Wales Government's Local Government Reform

Program – ‘Fit For The Future’

Author: Councillor Michael Platt - Mayor

Reason for report: To provide an update on the New South Wales Government's Local Reform Program, ‘Fit for the Future’.

Recommendation:

That the update on the New South Wales (NSW) Government’s Local Government Reform Program be received and noted.

Background

1. At the Regular Council meeting of 27 October 2014 I provided an update report on

the New South Wales (NSW) Government’s Local Government Reform Program known as ‘Fit for the Future’. This report was prepared following the 2014 Local Government NSW Annual Conference and conveyed my view of the sentiments of addresses made by the Premier, The Honourable Mike Baird M.P. and the Minister for Local Government, The Honourable Paul Toole M.P.

2. The ‘Fit for the Future’ program has been developed following work undertaken by

the Independent Local Government Review Panel and intends to provide the mechanism for the long term financial viability and strategic influence of the local government sector. It is clear to me that the primary vehicle that has been identified by the State Government to achieve these aims is the amalgamation of councils and the Minister has called for councils to open dialogue with their neighbouring councils to explore the options proposed. In Kogarah City Council’s case, those neighbouring councils are, Rockdale, Canterbury and Hurstville. In accordance with the requirements of ‘Fit for the Future’, the then Acting General Manager, Rod Logan and myself met with the respective Mayors and General Managers of our neighbouring councils on 11 November 2014. Informal dialogue has also occurred subsequent to that meeting.

3. In the previous report I also advised that comparison information on various

indicators would be gathered and compiled. This is being undertaken and the information will be utilised to provide context to the dialogue and for incorporation into Council’s submission to the Minister for Local Government on Fit for the Future due on 30 June 2015.

4. To keep our community informed about the ‘Fit for the Future’ program and the

activities in which Council is involved, two principal communication channels are to be employed.

5. Firstly, information has been compiled and posted on Council’s website at

www.kogarah.nsw.gov.au.


Item F1 (cont.)


6. Secondly the forthcoming edition of Council’s newsletter, Kogarahlife will include key information supported by commentary by me in the Mayoral Column. This edition of Kogarahlife will be distributed to residents commencing Wednesday, 11 March 2015.

7. In both communications, Council has requested our community to provide feedback

via an online form or by contacting Council in writing, or over the phone. 8. I see these two initiatives as the first stages of Council’s communication with our

residents. Following this communication and in accordance with the obligations of the State Government’s ‘Fit for the Future’ Program, further consultation with our community will be undertaken. This will include inviting feedback on the outcomes of the assessment of the comparative information gathered and dialogue undertaken with neighbouring councils.

9. I intend to provide regular updates to the community and Council on this most

important issue, including status reports to each Council Meeting over the forthcoming months.

Operation Plan Budget

9. No budget impact for this report.


Nil.

End of Report



Item F2: Promoting Better Practice Review


Reason for report: To table the report of the Office of Local Government dated January 2015 on the Promoting Better Practice review conducted in 2014.

Recommendation:

That the report of the Office of Local Government dated January 2015 on the Promoting Better Practice Review conducted in 2014 be tabled and made available on Council’s website.

Background

1. As Councillors are aware, during 2014 the Office of Local Government undertook a

review of Kogarah City Council under its Promoting Better Practice Program. This Program is designed to progressively assess the effectiveness and efficiency of the operations of each council in New South Wales in delivering appropriate services to their respective communities. In particular the review:

• Examines the Council’s overall strategic direction;

• Checks compliance with legislative requirements;

• Identifies examples of better practice and areas for further development;

• Considers the framework the Council has in place to monitor its performance; and

• Provides the Council with feedback (both informally and via a written report). 2. There were two (2) main components of the review. The first being the completion

and submission of a checklist to assess Council’s strategic management and operating practices and how Council aligns with key legislation and industry standards (including submission of the related documentation). The second was a two day visit by officers of the Office of Local Government on Monday, 2 and Tuesday, 3 June 2014 which involved detailed discussions with the Mayor of the day (Cr Stephen Agius), the General Manager, Directors, Manager Finance, Manager Governance and other selected staff regarding Council’s strategic capacity and performance in the following areas:

• Strategic Planning and service delivery (all Integrated Planning and Reporting components);

• Financial and Asset Management (financial sustainability); and

• Governance (including regulatory framework). 3. The related Promoting Better Practice Report dated January 2015 has subsequently

been completed and will be tabled at the meeting. It is also attached for information. It gives me great pleasure to convey to you that the report is yet another glowing testament to the exemplary practices of this Council, its ability to innovate whilst being highly effective, sustainable and functional and its worthy reputation as a leading and best practice Local Government authority.


Item F2 (cont.)


4. In summary, the Office of Local Government identified six key findings that have been classified as ‘Better Practice’ examples for other Local Government authorities to replicate, use as a template or for guidance as follows:

• The Council has a mature Integrated Planning and Reporting framework and there is an entrenched culture of integrated planning across the organisation.

• The Council has an entrenched culture of community engagement which is used to develop key strategic planning documents and is also applied at an operational level.

• The Council has a strong culture of sustainable land-use planning, and has developed a suite of innovative tools to promote sustainability within the local community.

• The Council has mature asset management plans, policies and practices.

• The Council has a comprehensive organisational improvement program, including a longstanding use of the Promoting Better Practice checklist and Internal Audit functions to undertake organisational review.

• The Council has procedures in place which reflect a strong commitment to support and develop councillors to undertake their roles.

5. In the covering letter to Council accompanying the report the Office of Local

Government requested that the report be tabled at the next available Council meeting and made available on Council’s website. Accordingly, the report is hereby tabled and will be placed on Council’s website for use by other councils and public viewing generally. I encourage you all to take the time to read its contents.




1 Promoting Better Practice Review - Kogarah City Council 39 Pages Annexure

End of Report



Item F3: SES Building, Carlton - Roof and Pavement Upgrade


Reason for report: To seek Council support for the allocation of funds for the replacement of roofing and pavement at the Kogarah SES Headquarters, Harold Fraser Oval, Carlton.

Recommendation:

a) That Council officers seek quotations immediately for the replacement of the roof of

the Control Centre building and replacement of the roof and paving between the Control Centre and the Vehicle Storage Facility at the Kogarah SES Headquarters, Harold Fraser Oval, Carlton.

b) That Council Officers contact Kogarah SES to view any quotations they may already have for the work referred to in (a) above.

c) That the preferred contractor be engaged to undertake the work as a matter of urgency.

Background

1. On the evening of Tuesday, 3 February 2015, I attended the SES Parade at the SES

Headquarters at Harold Fraser Oval, Carlton. The event again highlighted to me the self-less and valuable contribution made by the Kogarah SES and its importance to the future well-being of the local Kogarah Community.

2. In early 2013, Council completed the construction of the Vehicle Storage Facility

adjacent to the existing SES Control Centre to accommodate the fleet of SES vehicles and an extensive range of essential rescue equipment. This is a much needed addition to the facilities at Harold Fraser Oval and has been well utilised since its opening, becoming an essential component of their operations.

Roof Condition

3. During my visit, the very poor condition of the roof structure between the Control Centre and the Vehicle Storage Facility was obvious and was also brought to my attention. The roof has significant leaks when it rains, rendering the area unsuitable for the volunteer’s activities. It is my belief that the roof needs to be replaced as a matter of urgency to enable the utilisation of this space in all weather conditions. I’m also aware that the existing tiled roof of the Control Centre is reaching the end of its life, resulting in persistent leaks throughout the building. As such, I am proposing that quotations be sought and that a suitably qualified contractor be engaged to replace both the Control Centre roof and the roof that adjoins the Vehicle Storage Facility.

4. Furthermore, the condition of the pavement between the two buildings needs to be

addressed to ensure the surface is maintained in a safe and workable condition. I therefore also propose that Council officers inspect the area and take the necessary steps to improve the existing surface to ensure its future serviceability a soon as possible.


Item F3 (cont.)



5. Within budget allocation.


Nil.

End of Report



Item G1: Adoption of the Minutes of the Community Development and

Access Working Party Meeting of 2 February 2015

Author: Evan Hutchings - Director Governance and Corporate Services (CT)

Reason for report: Consideration of Minutes.

Recommendation:

That the Minutes of the Community Development and Access Working Party Meeting held on 2 February 2015 be adopted.

Nil. End of Report



Community Development and Access Working Party Meeting

Minutes Commenced 6:10pm MONDAY, 2 FEBRUARY 2015

Present: Cr Michael Platt (Mayor), Cr George Katsabaris (Chairperson),

Cr Nick Aroney, Cr Nick Katris, Cr Kathryn Landsberry, Dragica Sinikoski (TAFE NSW – Outreach Coordinator), Oonagh McCallan (Kogarah Community Services Inc.), Paul Woods (General Manager), Alison Murphy (Executive Manager Community Services) and Rebecca Dalton (Coordinator Community Development).

In Attendance: Rod Logan (Director Planning and Environmental Services).

A. Apologies

Apologies were received and accepted on behalf of Cr Stephen Agius, Cr Jacinta Petroni and Cr Annie Tang (Deputy Mayor).


C6. Cultural & Cuisine Festival

Councillor George Katsabaris disclosed a Pecuniary Interest in this item,

submitting the following reason: “I am employed by the electoral office of the Member for Barton which has provided assistance to the applicant in proposing and planning the event.”

C. Reports from Officers

1. Subject: Aged and Disability Services Update

Author: Alison Murphy - Executive Manager Community Services (ADW)

Reason for Report: To provide an update on Aged and Disability projects and activities.

Recommendation: (Landsberry/Katris)

That the report on recent and upcoming (December 2014 – March 2015) Aged and Disability projects and activities be received and noted.


Item G1 (cont.)


2. Subject: International Women's Day

Author: Alison Murphy - Executive Manager Community Services (NR)

Reason for Report: To provide an update on the activities planned to celebrate International Women's Day.

Recommendation: (Aroney/Landsberry)

That the report on International Women’s Day be received and noted.

3. Subject: Youth Activities and Projects

Author: Alison Murphy - Executive Manager Community Services (ADW)

Reason for Report: To provide an update on recent and upcoming youth activities and projects.

Recommendation: (Katris/Landsberry)

That the report on recent and upcoming (January 2015 – March 2015) youth activities and projects be received and noted.

4. Subject: 2015 Life Festival - A Festival of Life in Kogarah

Author: Alison Murphy - Executive Manager Community Services (NR)

Reason for Report: To advise details of the 2015 Kogarah Life Festival.

Recommendation: (Aroney/Platt) That the report on the 2015 Kogarah Life Festival be received and noted.

5. Subject: Cultural Activities and Projects

Author: Alison Murphy - Executive Manager Community Services (AL)

Reason for Report: To provide an update on projects and activities provided under Kogarah City Council's Cultural Plan.

Recommendation: (Platt/Aroney)

That the report on recent and upcoming (December 2014 – March 2015) cultural activities and projects be received and noted.


Item G1 (cont.)


6.

Note:

Note:

Subject: Cultural & Cuisine Festival

Author: Paul Woods - General Manager (AM) Reason for Report: To consider a request by the Shunde Association of

Australia to conduct a Cultural & Cuisine Festival in Kogarah Town Square and Belgrave Street, Kogarah.

Cr George Katsabaris having disclosed a pecuniary interest in this item left the Chamber for the duration of the meeting. Cr Michael Platt (Mayor) assumed the Chair.

Recommendation: (Aroney/Landsberry) a) That approval be granted to the Shunde Association of Australia to

conduct a Cultural and Cuisine Festival in Kogarah Town Square and Belgrave Street, Kogarah on 7 March 2015, subject to:

i) the approval of Kogarah Traffic Committee for associated road closure; and

ii) completion of the related documentation and the provision of evidence of appropriate public liability insurance.

b) That the barricades and road closure signage for the event be supplied by Council.

The meeting closed at 6.46 pm.



Item G2: Adoption of the Minutes of the Traffic Committee Meeting of

3 February 2015



Recommendation:

That the Minutes of the Traffic Committee held on 3 February 2015 be adopted.

Nil. End of Report



Traffic Committee Meeting

Minutes Commenced 9:35am TUESDAY, 3 FEBRUARY 2015

Present: Obi Thomas (Acting Chairperson / Council Representative - Manager

Asset Planning and Services), Frank Tambosis (Acting Director Assets and Services), Ken Hind (Roads and Maritime Services), Sergeant Craig Picker (St George Local Area Command) and Janette Brennan (Representing John Flowers MP, Member for Rockdale).

In Attendance: Peter Whitney (State Transit Authority), Haidar Haidar (St George

Cabs), Paul Croft (Traffic Engineer) and Mohamed Tita (Project Officer).

A. Apologies

Apologies were received and accepted on behalf of Andrew Sharp (Chairperson / Council Representative - Director Assets and Services) and Robert Gaudiosi (Roads and Maritime Services). Note: In the absence of Andrew Sharp (Chairperson / Council Representative - Director

Assets and Services), Obi Thomas (Manager Asset Planning and Services) assumed the Chair.

B. Reports from Officers

1. Subject: 1425 - Progress of Matters Report

Author: Andrew Sharp - Director Assets and Services (PC) Reason for Report: Monthly update report on Traffic Committee items and

projects.

Recommendation: (Unanimous Support) That the February 2015 Progress of Matters Report be received and noted.


Item G2 (cont.)


2. Subject: 2762 - Jubilee Oval Traffic Management Plan 2015

- UBD 294 F8

Author: Andrew Sharp - Director Assets and Services (PC) Reason for Report: To seek approval of the Jubilee Oval Traffic

Management Plan for the 2015 National Rugby League season.

Recommendation: (Unanimous Support)

a) That the “Traffic Management Plan, Jubilee Oval 2015, TLTMP-4367

Rev E” submitted by Traffic Logistics for NRL matches during the 2015 season, be approved.

b) That Traffic Logistics be advised in writing of Council’s decision.

3. Subject: 2763 - Shaw Street, Kogarah - Proposed

Linemarking - UBD 294 H8

Author: Andrew Sharp - Director Assets and Services (PC) Reason for Report: To consider the installation of linemarking in Shaw

Street, Kogarah.

Recommendation: (Unanimous Support) a) That a 15m dividing barrier line with yellow Raised Reflective Pavement

Markers (RRPM’s) be installed in Shaw Street, Kogarah at its intersection with Rocky Point Road.

b) That a “Give Way” sign and associated 21m holding line be installed on Shaw Street at its intersection with Rocky Point Road, as shown on plan TC1479 attached to the report.

4. Subject: 2764 - George Street, South Hurstville - Proposed

'No Parking' zone - UBD 293 P10

Author: Andrew Sharp - Director Assets and Services (PC) Reason for Report: To consider the installation of a 'No Parking' zone in

George Street, South Hurstville.

Recommendation: (Unanimous Support) That a 'No Parking' zone be installed within the cul-de-sac of George Street, as shown on plan TC1476 attached to the report.


Item G2 (cont.)


5. Subject: 2765 - Targo Road, Ramsgate - Proposed 'Works

Zone' - UBD 294 H13

Author: Andrew Sharp - Director Assets and Services (MT) Reason for Report: To consider the installation of a 'Works Zone' in Targo

Road, Ramsgate.

Recommendation: (Unanimous Support) a) That a 12m “Works Zone, 7am – 5pm, Mon – Sat” be installed on the

northern side of Targo Road, Ramsgate, west of its intersection with Rocky Point Road, for a period of twenty four (24) weeks commencing in late December, 2014, as shown on plan L537 attached to the report.

b) That should the 'Works Zone' be required for a period longer than twenty four (24) weeks, authority be delegated to Council’s Director Assets and Services to grant an extension for the operation of the 'Works Zone'.

c) That the parking zone be returned to its current status at the completion of the 'Works Zone' period.

6. Subject: 2767 - Hurstville Road, Oatley - Proposed Sign

Changes - UBD 293 B10.

Author: Andrew Sharp - Director Assets and Services (PC) Reason for Report: To consider changes to the parking signs in Hurstville

Road, Oatley.

Recommendation: (Unanimous Support) a) That the existing 'No Parking' zone on the eastern side of Hurstville Road,

south of the one-lane bridge, be extended 7m.

b) That the existing 'No Parking' zone on the eastern side of Hurstville Road, opposite the carpark of the Fitness Centre, be extended 25m, as shown on plan TC1477 attached to the report.

7. Subject: 2768 - Judd Street, Penshurst - Proposed

Linemarking - UBD 293 E8

Author: Andrew Sharp - Director Assets and Services (MT) Reason for Report: To consider the installation of linemarking in Judd

Street, Penshurst.

Recommendation: (Unanimous Support) a) That a 10m dividing barrier line with yellow Raised Reflective Pavement

Markers (RRPM’s) be install in Judd Street, Penshurst at its intersection with Grove Avenue.


Item G2 (cont.)


b) That a 'Give Way' sign and associated 25m holding line be installed on Judd Street at the intersection with Grove Avenue, as shown on plan TC1480 attached to the report.

8. Subject: 2769 - Bogie Lane, Hurstville - Proposed Sign

Changes - UBD 293P7

Author: Andrew Sharp - Director Assets and Services (PC) Reason for Report: To consider changes to the parking signs in Bogie

Lane, Hurstville.

Recommendation: (Unanimous Support) a) That the existing 10m 'No Stopping' zone on the eastern side of Bogie

Lane, north of First Avenue be extended by 5m.

b) That a 20m 'No Parking' zone be installed on the western side of Bogie Lane, north of First Avenue, as shown on plan TC1478 attached to the report.

9. Subject: 2770 - Targo Road, Ramsgate - Proposed 'No

Parking' zone - UBD 294 H13

Author: Andrew Sharp - Director Assets and Services (PC) Reason for Report: To consider the installation of a 'No Parking' zone in

Targo Road, Ramsgate.

Recommendation: (Unanimous Support) That an 8m “No Parking, 4pm Tue – Midday Wed” zone be installed on the southern side of Targo Road, adjacent to No. 8, as shown on plan TC1475 attached to the report.

10. Subject: 2771 - Belgrave Street, Kogarah - Request for

Temporary Road Closure - UBD 294 G5

Author: Andrew Sharp - Director Assets and Services (PC) Reason for Report: To consider a request for the temporary closure of

Belgrave Street, Kogarah.

Recommendation: (Unanimous Support) a) That subject to Council’s approval of the proposed Cultural and Cuisine

Festival, approval be granted for the closure of Belgrave Street, from Post Office Lane to Kensington Street, from 6am until 8pm on Saturday, 7 March 2015, as shown on plan TC1122 attached to the report.


Item G2 (cont.)


b) That the residents and businesses in Belgrave Street be advised of the closure.

The meeting closed at 10.35 am.



Item G3: Adoption of the Minutes of the Governance and Corporate

Services Working Party Meeting of 16 February 2015



Recommendation:

That the Minutes of the Governance and Corporate Services Working Party held on 16 February 2015 be adopted.

Nil. End of Report



Governance and Corporate Services Working Party Meeting


Present: Cr Michael Platt (Mayor), Cr Sam Stratikopoulos (Chairperson),

Cr Nick Katris, Cr Kathryn Landsberry, Cr Lachlan McLean, Cr Jacinta Petroni, Cr Nathaniel Smith, Paul Woods (General Manager), Evan Hutchings (Director Governance and Corporate Services) and John Maunder (Chief Financial Officer).

In Attendance: Cr Stephen Agius, Rod Logan (Director Planning and Environmental

Services) and Alison Hester (Manager Human Resources).

A. Apologies

An apology was received and accepted on behalf of Cr Annie Tang (Deputy Mayor).


There were no Disclosures of Interest.


1. Subject: Audit Committee - Minutes of Meeting 21

November 2014

Author: Evan Hutchings - Director Governance and Corporate Services

Reason for Report: To review and consider endorsement of the minutes of the Audit Committee Meeting of 21 November 2014.

Recommendation: (Katris/Stratikopoulos)

That the minutes of the Audit Committee Meeting of 21 November 2014 be endorsed.


Item G3 (cont.)


2. Subject: SSROC Pest Control Tender

Author: Evan Hutchings - Director Governance and Corporate Services (MG)

Reason for Report: To consider the recommendations of the Southern Sydney Regional Organisation of Councils (SSROC) tender evaluation panel for a contract for Pest Control Services.

Recommendation: (Katris/Smith)

a) That in accordance with the recommendations of the Southern Sydney

Regional Organisation of Councils (SSROC) tender evaluation panel (Confidential report dated 7 November 2014 attached to the report) for Pest Control Services, the tender submissions from the following parties be accepted for a term of three (3) years subject to satisfactory performance as determined by SSROC, with an option to extend the agreement for a further one (1) plus one (1) years:

• Competitive Pest Control Pty Ltd;

• Knock Out Pest Control Pty Ltd; and

• Mr Pesty Pest Control Solutions Pty Ltd.

b) That the General Manager, under his Power of Attorney, be authorised to execute any related documents.

3. Subject: Tree Pruning and Stump Grinding Services

Author: Evan Hutchings - Director Governance and Corporate Services (MG)

Reason for Report: To seek approval to invite tenders for the provision of Tree Pruning and Stump Grinding Services.

Recommendation: (Landsberry/Smith)

a) That in accordance with the Local Government Act 1993 (General

Regulation 2005), tenders be invited for the provision of Tree Pruning and Stump Grinding Services, using the open tendering method.

b) That the term of the contract for the tender referred to in (a) above be for

three (3) years, with two (2), one (1) year options to extend, at Council’s sole discretion.


Item G3 (cont.)


4. Subject: Monthly Budget Reviews for November 2014,

December 2014 and January 2015 and Quarterly

Budget Review Statement to 31 December 2014

Author: Evan Hutchings - Director Governance and Corporate Services (JM)

Reason for Report: To provide an update on the status of the monthly budget reviews conducted for November 2014, December 2014 and January 2015 and to provide a Quarterly Budget Review Statement to 31 December 2014.

Recommendation: (Smith/Katris)

a) That the proposed budget variations described in the report be adopted with

the variations having no net impact on Council. b) That the Quarterly Budget Review Statement be received and noted.

D. Closed Session

1. Subject: Confidential Item - Staff Movements

Author: Paul Woods - General Manager (AH) Reason for Report: To advise of staff movements from 12 November 2014

to 10 February 2015.

Recommendation: (Katris/Landsberry)

That the report on the November 2014 – February 2015 staff movements be received and noted.

Note: The Mayor requested that letters of appreciation be sent to Fiona Stock (Manager Sustainability and Waste Services) and David Stirling (Leading Hand – Civil Engineering) for their service to Council.




Item G4: Adoption of the Minutes of the Planning and Environmental

Services Working Party Meeting of 16 February 2015



Recommendation:

That the Minutes of the Planning and Environmental Services Working Party held on 16 February 2015 be adopted.

Nil. End of Report



Planning and Environmental Services Working Party Meeting


Present: Cr Michael Platt (Mayor), Cr Nick Katris (Chairperson), Cr Stephen

Agius, Cr Kathryn Landsberry, Cr Lachlan McLean, Cr Jacinta Petroni, Cr Nathaniel Smith, Cr Sam Stratikopoulos, Cr George Katsabaris, Paul Woods (General Manager) and Rod Logan (Director Planning and Environmental Services).

In Attendance: Rita Vella (Coordinator Strategic Planning / Minute Secretary), Evan Hutchings (Director Governance and Corporate Services) and Andrew Sharp (Director Assets and Services) and John Maunder (Chief Financial Officer).

A. Apologies

An apology was received and accepted on behalf of Councillor Annie Tang (Deputy Mayor).


C2. Proposed Voluntary Planning Agreement for No. 12-22 Woniora Road,

Hurstville

Councillor Nick Katris disclosed a Pecuniary Interest in this item, submitting the

following reason: “My office has provided architectural services to the developer and there is a possibility of future business relationship and as a precautionary measure I will not involve myself in any deliberations on the matter.”

C3. Kogarah Local Environmental Plan - Amendment No. 2 - Exhibition of

Planning Proposal for New City Plan

Special Disclosures of Pecuniary Interest from the following Councillors were

received and tabled: Councillor Michael Platt (Mayor) Cr Nick Katris (Chairperson) Cr Stephen Agius Cr George Katsabaris Cr Lachlan McLean Cr Jacinta Petroni Cr Nathaniel Smith Cr Sam Stratikopoulos


Item G4 (cont.)



1. Subject: Overview of the NSW State Government's 'A Plan

for Growing Sydney'

Author: Rod Logan - Director Planning and Environmental Services (RV)

Reason for Report: To provide Council with an overview of the recently released 'A Plan for Growing Sydney'.

Recommendation: (Agius/Katris)

That the report on ‘A Plan for Growing Sydney’ (previous Metropolitan Strategy) be received and noted.

2.

Note:

Note:

Subject: Proposed Voluntary Planning Agreement for No.'s

12-22 Woniora Road, Hurstville

Author: Rod Logan - Director Planning and Environmental Services

Reason for Report: To give consideration to an offer to enter a Voluntary Planning Agreement for a redevelopment of No.'s 12-22 Woniora Road, Hurstville.

Councillor Nick Katris (Chairperson) having disclosed a Pecuniary Interest in this item, vacated the Chair and left the Chamber.

Councillor Michael Platt (Mayor) assumed the Chair.

Recommendation: (Smith/Stratikopoulos) (a) That in principle support be granted for preparation of a draft Voluntary

Planning Agreement (VPA) in accordance with the Environmental Planning and Assessment (EP&A) Act 1979 for the redevelopment of No.’s.12-22 Woniora Road, Hurstville, as generally indicated in the submission to Council regarding the proposed height and floorspace ratio for the site as outlined in the report, and which includes the following terms: i) The developer is to provide a monetary contribution at a rate of

$10,000 per unit to be paid to Council in lieu of section 94 contributions;

ii) Dedication of a strip of land, to be determined by Council’s engineers,

along Greenbank Street for road widening purposes and suitable construction of that facility;

iii) Dedication of 200 square metres of space to Council for community

purposes. This space is to be situated on the first floor with frontage to Greenbank Street and is to be transferred into Council’s ownership as a freehold stratum lot; and


Item G4 (cont.)


iv) Dedication of fully constructed carpark containing a minimum of 79 car

parking spaces. The carpark is to be transferred into Council’s ownership as a freehold stratum lot.

(b) That the proponent be requested to prepare a draft Voluntary Planning

Agreement (VPA) in accordance with the EP&A Act. The draft VPA is to be prepared in accordance with Council’s Policy on Voluntary Planning Agreements at no cost to Council, and is to include all of the terms listed in (a) above.

Note: Councillor Nick Katris (Chairperson) returned to the Chamber at the conclusion of this item and assumed the Chair.

3. Subject: Kogarah Local Environmental Plan - Amendment

No. 2 - Exhibition of Planning Proposal for New

City Plan

Author: Rod Logan - Director Planning and Environmental Services (RV)

Reason for Report: To seek endorsement to publicly exhibit the Planning Proposal for the amendment to Kogarah Local Environmental Plan (LEP) following receipt of the Gateway Determination from the NSW Department of Planning and Environment.

Recommendation: (Smith/Stratikopoulos)

a) That the Planning Proposal (Department Ref SI_2014_KOGAR_001_00) to

amend Kogarah Local Environmental Plan (LEP) 2012 be placed on public exhibition in accordance with the requirements of the Gateway Determination dated 15 December 2014 and the revised Engagement Strategy as summarised in the body of the report.

b) That the Planning Proposal be placed on public exhibition for a minimum of 56 days (8 weeks).

c) That the section 149 Planning Certificate be updated to include the relevant notation as outlined in the body of the report.

d) That Council proceed with the reclassification of certain land as listed in paragraph 13 of the report from community to operational and that a public hearing be held in accordance with section 29 of the Local Government Act 1993 and section 57 of the Environmental Planning and Assessment Act 1979 during the public exhibition of the Planning Proposal.



Regular Council Meeting Page 104 of 111

Item I1: Petitions Received


Reason for report: Council has adopted a policy that a schedule of petitions received be submitted to each Council Meeting.

Recommendation:

That the schedule of petitions received since the last Council Meeting be received and noted.

Background

1. The following petitions have been received since the last Council Meeting.

Subject Date of Receipt No. of Signatures Action

Petition to Kogarah City Council opposing the Section 96 application for DA No. 94/2012 for Kings Head Tavern, corner of King Georges Road and Connells Point Road, South Hurstville.

10 February 2015 61 Development Application No. 94/2012 is currently being assessed. The issues raised in the petition will be considered in the assessment of the application.

Operational Plan Budget



Nil.

End of Report



Item I2: Delivery Program 2013 - 2017 - Operational Plan 2014/15 - Half

Yearly Review (1 July 2014 - 31 December 2014).

Author: Evan Hutchings - Director Governance and Corporate Services (CB)

Reason for report: To provide an update on the progress of the principal activities detailed in the Operational Plan and Delivery Program in accordance with reporting requirements outlined in s404 (5) of the Local Government Act 1993.

Recommendation:

That the Delivery Program 2013-2017 incorporating the Operational Plan 2014/15 (Year 2) half yearly review (1 July – 31 December 2014) be received and noted.

Background 1. At its meeting of 24 February 2013 Council adopted its Integrated Planning

documents (including the Community Strategic Plan – Bright Future, Better Lifestyle, the Resourcing Strategy, the Delivery Program 2013 – 2017, and the Operational Plans 2013 – 2017) incorporating the option of a Special Rate Variation (SRV).

2. In this regard, Council at its meeting of 24 February 2013 resolved, in part, the

following:-

“d) That the Delivery Program (2013 – 2017) incorporating the 2013/14

Operational Plan and the Statement of Revenue Policy (Section 5 – Financial

Information) excluding the draft Schedule of Fees and Charges 2013/14,

annexed to the report, be adopted.”

3. Section 405 (5) of the Local Government Act 1993 requires that “The general

manager must ensure that regular progress reports are provided to the council

reporting as to its progress with respect to the principal activities detailed in its

delivery program. Progress reports must be provided at least every 6 months.” 4. Accordingly, annexed to this report is a half yearly review outlining the extent to

which performance measures and targets set out in the Delivery Program and Operational Plan have been achieved during the first half of the year.

5. The descriptions for the Status/Outcome Column of the half yearly report are as

follows:

• Achieved – with comments on status in relation to the performance measure and target columns previously identified.

• Commenced – with comments on status in relation to the performance measure and target columns previously identified.

• Not yet commenced – with comments on status in relation to the performance measure and target columns previously identified.

• Not Achieved – with comments on status in relation to the performance measure and target columns previously identified.


Item I2 (cont.)


6. Attached is the Delivery Program 2013 – 2017 - Operational Plan 2014/15 (Year 2) -

Half Yearly Review (1 July 2014 – 31 December 2014) for review. A hard copy of this document has also been provided to Councillors separately.

Operational Plan Budget



1 Delivery Program 2013 - 2017 - Operational Plan 2014/15 (Year 2) - Half Yearly Review ( 1 July 2014 - 31 December 2014)

194 Pages

Annexure

End of Report

NOTICE OF MOTION Page 107 REGULAR COUNCIL MEETING 23 February 2015


Item J1: Pacific Avenue, Penshurst - Christmas Street Parties Author: Andrew Sharp - Director Assets and Services (GK)

Recommendation:

The following Notice of Motion, signed by Councillor George Katsabaris, was submitted on 17 February 2015. “I hereby give notice of my intention to move at the next meeting of the Council, the following motion: That Council officers investigate the feasibility of allowing groups of local residents to host

Christmas street parties and that a report be submitted to Council detailing any assistance

that Council could provide in facilitating such events, with particular emphasis being given

to the insurance and public risk implications.”

End of Report

NOTICE OF MOTION Page 108 REGULAR COUNCIL MEETING 23 February 2015


Item J2: Derby Street Car Park - Directional Signage and Parking

Guidance System Author: Councillor Stephen Agius

Recommendation:

The following Notice of Motion signed by Councillor Stephen Agius was submitted on 10 February 2015. “I hereby give notice of my intention to move at the next meeting of the Council, the following motion: a) That Council officers:

i) conduct a review of existing directional signage on all approaches to the Derby

Street Car Park and identify signage options to increase driver awareness of

the car park and improve guidance to it; and

ii) investigate the provision of a Parking Guidance System within the Derby Street

Car Park.

b) That a report on the outcomes of (a) above be submitted to a future Working Party

meeting.”

Note from Councillor:

During my term as Mayor changes to the fee structure of the Derby Street car park were implemented to accommodate and promote increased short term use for the benefit of local retailers and service providers. This fee structure included free use for the first 30 minutes. The objectives of this initiative have been achieved with car park users reporting a significant increase in available spaces. I have however become aware of people who had previously become frustrated by the unavailability of spaces in the car park no longer accessing the car park, unaware that there are now higher levels of turnover and availability. Others I have spoken to, who are not regular visitors to Kogarah, did not know of the existence of the car park. This motion is proposing that a review of existing signage and the identification of options for additional signage to improve awareness of the car park be investigated with a view to ensuring that all drivers entering the Kogarah CBD precinct are alerted to its existence and are guided to it. Technology to assist drivers to identify parking availability is also becoming more prevalent in Sydney and this motion also seeks to explore opportunities for this type of technology within the Derby Street Car Park.

End of Report

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