separate cover attachment · · 2016-02-03this restriction is a private restrictive covenant. ......

SEPARATE COVER ATTACHMENT

PSRP-2 DA15/0273.02 – MODIFICATION TO CHILDCARE CENTRE CONSENT: AMEND

CONDITIONS OF CONSENT

1 Oringinal Assessment Report presented to Policy and Strategy Committee 10/08/2015

2 S96 (1A) Assessment Report (Proposed Modification

3 Locality Map 4 Plans

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Report of Development Application

Pursuant to Section 79C of the Environmental Planning and Assessment Act 1979

APPLICATION DETAILS Application No.: DA15/0273

Modification No.: N/A

Council File No.: D/2015/0273

Date of Lodgement: 28/05/2015

Applicant: Darryl Forbes-Taber Project Planning & Design

PO Box 8487

KOORINGAL NSW 2650

Proposal: Child Care Centre

BCA Classification: 9 & 5

Development Cost: $700,000

Assessment Officer: Adriaan Stander

Description of Modification: N/A Type of Application: Development Application Other Approvals: Nil Concurrence Required: No Referrals: Internal Adjoining Owners Notification: Yes, between 09/06/2015 and 23/06/15 Advertising: Yes, between 09/06/2015 and 23/06/15 Determination Body: Council Reason: N/A Meeting Date: N/A Owner’s Consent Provided: Yes Location: Located on the south-western corner of Burrundulla

Road and Glandore Street, Bourkelands

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SITE DETAILS

Subject Land: 10 Burrundulla Rd BOURKELANDS NSW 2650

Lot 21 DP 1193051, Lot 22 DP 1193051

Owner: Generation Communities Pty Ltd

PLANNING CONTROLS / STATUTORY CLASSIFICATION Pursuant to Part 4 (Division 1) Environmental Planning Instrument: Wagga Wagga Local Environmental Plan

2010 Zoning: Under the Wagga Wagga Local

Environmental Plan, 2010 - R1 General Residential

Land Use Definition: Child care centre Statement of Permissibility: Permitted with consent Description of Development The proposed development is for a new Child care centre at 10 Burrundulla Road, Bourkelands. The Child care centre will provide a mixture of full and part day care for 44 children. The proposed building is a single storey structure of approximately 360sqm in size and includes two (2) indoor playing areas, a reception area, kitchen, staff room, offices and toilet facilities. An outdoor play area is proposed to the west (the rear) of the building and a parking area to the south. Access to the site is proposed off Burrundulla Road. The centre proposes to operate from 6am to 6pm Monday to Friday with six (6) staff members at any given day. The Site and Locality The site comprises of Lot 21 and Lot 22 DP1193051 which is located on the south-western corner of Burrundulla Road and Glandore Street, Bourkelands. The site has a total area of approximately 1,209.9sqm. The locality is a relatively new residential subdivision with residential lots surrounding the site developed or being developed with single dwelling houses. Easements and Covenants A sewer easement traverses the site along the northern boundary of Lot 22. The easement will not be affected by the development proposal. Both lots are encumbered by a Section 88B instrument which limits the use of the site to single dwelling houses. This restriction is a private restrictive covenant. A private restrictive covenant is an agreement between two or more parties (usually registered on title) that

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attempts to restrict the use of land. A private restrictive covenant between a developer and registered proprietor is rendered ineffective by the provisions of the Wagga Wagga Local Environmental Plan 2010, which permits the use of Child care centres in the R1, General Residential Zone with Council consent.

SUMMARY OF MAIN ISSUES

� Suitability of the site

� Traffic and Parking

� Noise

� Impact on the existing residential nature of the neighbourhood.

MATTERS FOR CONSIDERATION UNDER THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

(a)(i) - The provisions of any environmental planning instrument (EPI)

Wagga Wagga Local Environmental Plan 2010 (LEP) The following section of this report details the development with reference to the guiding principles and Objectives of the Wagga Wagga Local Environmental Plan 2010.

Part 2 Permitted or prohibited development Land Use A child care centre is defined under the LEP as follows:

child care centre means a building or place used for the supervision and care of children that:

a) provides long day care, pre-school care, occasional child care or out-of-school-hours care, and

b) does not provide overnight accommodation for children other than those related to the owner or operator of the centre,

c) but does not include: d) a building or place used for home-based child care, or e) an out-of-home care service provided by an agency or organisation accredited by

the Children’s Guardian, or f) a baby-sitting, playgroup or child-minding service that is organised informally by the

parents of the children concerned, or g) a service provided for fewer than 5 children (disregarding any children who are

related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or

h) a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or

i) a service that is concerned primarily with the provision of: i. lessons or coaching in, or providing for participation in, a cultural,

recreational, religious or sporting activity, or ii. private tutoring, or

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j) a school, or k) a service provided at exempt premises (within the meaning of Chapter 12 of the

Children and Young Persons (Care and Protection) Act 1998 such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.

Under the provisions of the LEP, the subject site is zoned R1, General Residential. The objectives of the zone are:

• To provide for the housing needs of the community. • To provide for a variety of housing types and densities. • To enable other land uses that provide facilities or services to meet the day to day

needs of residents. • To ensure co-ordinated and cost-effective provision of physical, social and cultural

infrastructure in new residential areas.

Although the proposed use is not for a residential purpose, Child care centres are permitted in the zone with consent. The proposal is considered consistent with the third listed objective being a use that is specifically designed to serve the day to day needs of local residents. A Child care centre within a residential area is also contributing to the social infrastructure in accordance with the fourth listed objective.

Part 3 Exempt & Complying Development The proposed development is not Exempt or Complying Development; the application is seeking consent. Part 4 Principal development standards None of the principle standards will be exceeded as a result of the proposed development. Part 5 Miscellaneous provisions Not applicable Part 6 Urban Release Areas Not applicable Part 7 Additional Local Provisions 7.3 Environmentally sensitive land - biodiversity Part of the area subject of this application is mapped as land where biodiversity required to be considered. The objectives of this clause are to protect, maintain or improve the diversity of the native vegetation, including:

a) protecting biological diversity of native flora and fauna, and b) protecting the ecological processes necessary for their continued existence, and c) encouraging the recovery of threatened species, communities or populations and

their habitats.

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The site is devoid of vegetation and therefore the proposed development would not adversely impact any native vegetation community, habitat or other biodiversity values. The proposed development satisfies these provisions and is consistent with the objectives of this clause. State Environmental Planning Policies (SEPPs) State Environmental Planning Policy No 55-Remediation of Land (SEPP 55)

Clause 7 of SEPP 55 requires that Council consider if the land subject to the application is potentially contaminated. To this end, Council holds no records, nor is there any indication on site that the land is potentially contaminated. Section 79C(1)(a)(ii) - Any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority No relevant planning instrument under this clause is currently the subject of public exhibition or comment. Section 79C(1)(a)(iii) - The provisions of any development control plan Wagga Wagga Development Control Plan 2010 (DCP) The following section of this report details the development with reference to the Objectives and Controls of the Wagga Wagga Local Environmental Plan 2010.

Section 1 - General 1.10 Notification of Development Application

Pursuant to this provision, notification and advertising of the application are required. Notification was conducted to properties surrounding the development and an advertisement was placed on the site and in the local newspaper. Clause 1.11 of the DCP requires all applications requesting a numerical variation of more than 10% or where 10 or more submissions were received to be decided by Council. The application requires no variation of the DCP controls, however 10 submissions have been received and as such the application is referred to Council for decision. See later in this report under S79C(1)(d) for further discussion of this matter. Section 2 - Controls that Apply to All Development 2.1 Vehicle access and movements

The proposed development makes provision for suitable access to existing movement systems. The proposed building is located on northern side of the land with a car park adjoining to the south. Vehicular access is provided off Burrundulla Road. The proposed access arrangement is considered appropriate and vehicles will be able to enter and leave the site in a forward direction.

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2.2 Off-street parking

An assessment of the application has demonstrated that there is ample space on site to accommodate car parking and traffic circulation for any of the activities proposed of the development. Child care centres require 1 parking space for every four children attending the centre. With a capacity of 44 children, this results in a requirement of 10 spaces. The layout plans for the site show 11 car parking spaces inclusive of a parking space for people with disabilities. The car park area includes a number of trees to both the front, rear and side boundaries which satisfies the requirements for plantings within the car park. 2.3 Landscaping

Landscaping is an important aspect of any development, and complements good design. Trees, shrubs and green spaces can “soften” the impact of a development and can screen it from surrounding uses. A concept landscape plan has been submitted with the application, which indicates a sympathetic introduction of vegetation to the existing urban landscape. As this is a vacant site with no landscaping all of the proposed works and plantings are considered beneficial to the visual amenity afforded to this location. Landscaping will also be provided to the rear and side of the site which will help to visually screen the development and provide a suitable setting for the outdoor play area. The landscape plan does not contain the level of detail required under the landscaping guidelines however the applicant requested that compliance with this section be enforced via a condition of consent. 2.4 Signage

No signage is proposed as part of this application. There are a number of signage types that may be permissible under the provisions of Exempt and Complying Development. 2.5 Safety and Security

The centre has been designed with a clearly defined public entry point and open pedestrian access. The centre offers natural surveillance, there are no blank walls or concealed areas and the fencing that is proposed around the site provides a safe and secure area for children to play outdoors. The proposal is consistent with the provisions of this clause. 2.6 Erosion and Sediment Control Principles

Temporary sediment and erosion control measures will be implemented during construction. Conditions of consent are imposed in this regard.

2.7 Development adjoining open space

The main objective of this section is to ensure that developments adjoining open space contain impacts within their boundaries and don’t impinge on, or rely on the open space area as a buffer. The site is not located next to a public open space; therefore clause 2.7 is not applicable. Section 3 - Heritage Conservation Not applicable.

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Section 4 - Environmental Hazards and management

Not applicable. Section 5 - Natural Resource and Landscape Management Not applicable Section 6 - Villages Not applicable Section 7 - Subdivision Not applicable Section 8 - Rural Development Not applicable Section 9 - Residential Development Not applicable Section 10 - Business Development Not applicable. Section 11 - Industrial Development Not applicable Section 12 - Specific Uses and Developments Section 12.5 - Child Care Centres

The objectives of this section are: O1 Encourage child care centres to be located on corner sites and sites parking and

access to the centre can be easily managed.

The proposed site is located on a corner and site is of a sufficient size to accommodate the parking and on-site vehicle manoeuvring. All vehicles will be able to enter and exit the site in a forward direction.

O2 Protect the amenity of adjoining land uses through good site planning, landscaping and layout.

The proposal includes a concept landscape plan which aims to soften the appearance of the development. A more detailed plan is required to be submitted to Council by virtue of condition consent.

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O3 Enhance the streetscape and provide a visually attractive buffer between the street

and building/ car park. The proposed development complies with the objectives being located on a site where parking and access can be easily managed. The building presents to both street frontages and enhances the amenity of the area by developing an attractive building with landscaping. O4 Provide children with learning and educational opportunities through landscaping

initiatives such as flower beds and vegetable gardens. This objective is to be satisfied under the proposed conditions of consent. The specific controls for child care centres are detailed below. C1 Provide adequate space to allow for drop off and parking requirements within the

development site. The existing car park provides sufficient room to allow for parking and drop offs. C2 Design and locate set down, pick up and parking areas to be visible from the road

but to maintain the amenity of adjoining properties. The set down, pick up and parking areas will be visible from the Burrundulla Road, but will maintain the amenity of adjoining properties through additional embellishments in the form of landscaping. C3 The front setback is to include a 2m landscape strip. Landscape buffer areas may

be required to side boundaries. A landscape strip in excess of 2m is proposed along the frontage to Glandore Street and well as Burrundulla Road. Further landscaping is also provided within the site and along each boundary. A condition of consent will re-enforce this requirement.

C4 Design and locate outdoor activity areas to maximise the natural site features,

including climate considerations such as avoiding afternoon sun but take advantage of cooling breezes in summer. All playgrounds must be capable of supervision at all times.

The outdoor play area is located on the western side of the building site, allowing for exposure to natural sunlight. A covered area is provided in accordance with the provisions of this control. C5 Outdoor play areas are to be fenced on all sides. The fencing is to be at least 1.8m

in height, and to be equipped with child proof self-locking mechanisms. The fence should be designed to prevent children scaling or crawling under.

Fencing has been provided to the outdoor play area, the fencing is 1.8 metres in height and of a Colourbond design to the side and rear boundaries. The fencing that presents to Glandore Street and the car park is also 1.8 metres in height but of an open style

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(“Diplomat” security style). C6 The outdoor play area is to include an undercover space that is large enough for

use during wet weather and to provide protection from the sun. The undercover area extends across almost the entire width of the building providing sufficient space for both hot and wet weather.

C7 Design outdoor play areas to include a range of opportunities for developmental

play. The area that is available for outdoor play has the potential for many different learning opportunities that will be developed by the staff. C8 Landscaping, mounding and fencing treatments may be required where there is

potential for adverse amenity impacts to adjoining properties. This could include using landscaping to contain outdoor play areas or lapped metal or masonry fencing.

Landscaping and fencing is proposed around the play area which aims to satisfy this control. C9 Locate play equipment such as cubby houses, trampolines and slides not to

overlook neighbours properties. Shade structures should not be located where they will be elevated in relation to boundary fences where they could cause visual or shadow impacts.

The specific details of play equipment are not included as part of the development application. As the play area is cut into the site, there is no opportunity for overlooking or overshadowing. C10 Use vegetation that is non-allergenic and sensitive to water restrictions. Specific plant types identified on the landscape plan have been assessed as appropriate in this location. A revised landscape plan is to be submitted prior to the release of the construction certificate and further assessment will occur then. Section 13 - Bomen Urban Release Area Not applicable Section 14 - Boorooma Urban Release Area Not applicable Section 15 - Lloyd Urban Release Area Not applicable

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Section 79C(1)(a)(iiia) - Planning Agreements There are no planning agreements in place for this proposal.

Section 79C(1)(a)(iv) - any matters prescribed by the regulations Matters prescribed by the Environmental Planning and Assessment Regulation 2000 have been satisfied.

Section 79C(1)(b) - likely impacts of the development

Context and setting

The proposed Child Care Centre is considered appropriate in the locality as it is serving the needs of the local residents. The residential properties surrounding the site are likely to be users of the facility and it is therefore a valuable addition to the neighbourhood.

Site design and aesthetics

This assessment report has demonstrated that there are no site constraints that would render the site unsuitable for the proposed development. Other than a 2m landscaping buffer that is required on the streetscapes, no setbacks are required in terms of the DCP provisions. Overall the design of the development is considered acceptable. The proposed development has been designed to have an attractive, functional appearance and will be constructed of materials and finishes compatible with existing developments within the neighbourhood. The scale and bulk of the building will not have a negative impact on the streetscape. The development will therefore maintain a good relationship with other buildings in the street.

Traffic, access and parking

Council’s engineers have considered the impact on the proposal use on existing road infrastructure and concluded that the application can be supported without any additional road improvements. The overall conclusion of the assessment is that, with, the local road network will be able to operate safely and within capacity when the proposed development is operational. A total of 11 parking spaces have been provided in accordance with the DCP parking requirements and will comfortable satisfy the parking demands generated by the proposed development.

Noise

Noise during construction will occur in a similar manner as with the construction of dwelling houses. During operation, the facility may result in additional noise impacts. The magnitude of the impact would be dependent upon a number of factors, and a number of mitigation measures have been proposed under the conditions of consent to minimise these effects. A noise management plan is required under the conditions of consent, which requires a combination of controls including restrictions on operation hours, screening and location of play equipment. This would ensure that the noise

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levels are reduced as far as practical. It is recommended that a Noise Management Plan be prepared to assist in addressing noise complaints from the site in accordance with the recommended noise mitigation measures and it should include measurement and monitoring of noise levels; complaint management procedures as well as periodic review of the plan. Utilities and services

The development is connected to all relevant utilities and services

Landscaping

A concept landscape plan has been submitted with the application, which indicates a sympathetic introduction of vegetation to the existing urban landscape. Landscaping will soften the impact of the development and will screen it from surrounding uses. A more detailed landscape plan is required under the conditions of consent.

Overlooking

The applicant has indicated that the play area will be excavated 1 metre below the natural ground level and will have a 1.8m high colourbond metal fence above the retaining wall. This will create a 2.8m screen between the neighbouring properties which will be able to assist with privacy of the residential properties. Landscaping will also be provided to assist with screening.

Safety and security

The development is designed to optimize personal safety and property security by way of natural surveillance, utilisation of robust construction materials.

Heritage

The proposal will have no significant impact on the values of places, which reflect the community’s history and identity.

Natural hazards

The site is not mapped as being subject to bushfire or flood risks.

Water quality and stormwater

The proposal is not anticipated to have any additional impact on water quality and stormwater.

Soil and erosion

Temporary sediment and erosion control measures will be implemented during construction. Conditions of consent are imposed in this regard.

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Construction

The development will be conditioned to comply with all relevant Council standards.

The Principles of Ecologically Sustainable Development

The proposal is considered to comply with the four principles of Ecologically Sustainable Development such as inter-generational equality and conservation of biological diversity and ecological integrity. Section 5A ("Seven Part Test" - Threatened Species)

There are no identified threatened species or habitats on site. No further assessment is required under this section. Socio-economic impact in locality

The proposed development will help to stimulate the local economy through employment of contractors, suppliers as well as child care workers. The presence of the child care centre is considered to have a broader social and economic benefit by providing a facility that takes care and assist in developing young children. Child care centres provide a much needed community function, but many are operated as a commercial venture, with market forces also influencing the location and availability of the service. The ever-increasing demand for child care centres and the strong focus on their appropriate distribution and location is closely linked to demographic change where both parents need to work due to economic pressures, which creates a greater demand for child care services. Consequently, the availability of child care centres in close proximity to the home/workplace is becoming more important. The rising demand for child care services means that these are becoming an essential component of residential neighbourhoods.

Licencing

The State Government is responsible for licensing child care centres under the Children and Young Persons (Care and Protection) Act, 1998. The NSW Department of Community Services (DOCS) administers this Act as well as the Children’s Services Regulation 2004.Child care centres require development consent to be obtained from Council prior to commencement of operation. In addition to the above, the activity must be licensed by DOCS. The Children’s Services Regulation 2004 provides that where development consent is required under the EP&A Act, an application for license may not be made until development consent has been obtained. The requirements of DOCS may vary from time to time, or they may implement policies or practices in addition to the statutory provisions. It is therefore recommended that DOCS be contacted to determine these requirements.

Council does not enforce or control such requirements and the onus rests with the applicant to ensure that their licensing obligations are satisfied. However, an assessment of this application also considered the minimum standards for indoor and outdoor spaces under the Children’s Services Regulation 2004. The regulations indicate a minimum of 3.25sqm indoor space per child and 7sqm outdoor space per

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child. The proposed development provides for a total of 157sqm indoor space and 318sqm place area which is able to accommodate the 44 children proposed by the application. A condition is imposed which requires the facility to be licenced by NSW Department of Community Services.

Section 79C(c) - the suitability of the site for the development

This assessment report has demonstrated that the development is compatible with adjoining developments and that there are no site constraints that would render the site unsuitable for the proposed development. The child care is considered appropriate in the location as it is serving the needs of the local residents. The residential properties surrounding the site are likely to be users of the facility and it is therefore a valuable addition to the neighbourhood. Section 79C(d) - any submissions made in accordance with the Act or the regulation

- Referrals

This application has been assessed by relevant Council planning, engineering, environmental, and other technical officers as required. The application is supported, subject to conditions.

- Notification

In accordance with the Council’s advertising and notification provisions outlined in Section 1.10 of the Wagga Wagga Development Control Plan 2010 the application was notified for 14 days between 09/06/2015 and 23/06/2015.

- Advertising

In accordance with the Council’s advertising and notification provisions outlined in Section 1.10 of the Wagga Wagga Development Control Plan 2010 the application was advertised for 14 days between 09/06/2015 and 23/06/2015.

- Submissions

A total of 10 public submissions were received. The following is a summary of the objections received with Council officer’s comments: Objection/concern Council officer’s comment Traffic. There is a concern that the existing road infrastructure will not be able to accommodate the additional traffic generated by the proposed use.

Burrundulla Road is a minor link road with a speed limit of 50km/h. The applicant indicated that the peak period for the centre would be between 7.30am and 9am as well as between 4.30pm and 6pm. At full capacity, the drop-off and pick would equate to 28 cars per hour plus staff. The applicant has indicated that the proposed childcare centre will generate an extra 50 to 60 traffic movements per day. Council’s engineers have considered the impact on the proposal use on existing road infrastructure and concluded that the

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application can be supported without any additional road improvements. The overall conclusion of the assessment is that, with, the local road network will be able to operate safely and within capacity when the proposed development is operational.

Pedestrian safety. There is a concern that there are no footpaths that lead to the childcare centre, therefore holds a risk to pedestrian safety.

Although this concern is shared, footpaths are only required along major collector roads; the site is not on a collector road. The centre has been designed to allow for safe drop-off and collection of children and movement and parking of staff, parent, visitor and service vehicles in accordance with the DCP controls and relevant Australian Standards.

Parking. There is a concern that the development will not provide sufficient parking

A total of 11 parking spaces have been provided in accordance with the DCP parking requirements.

Oversupply of childcare centres. There is opinion that the proposed childcare centre is not required in the neighbourhood.

This is not a planning related consideration that is used within development assessment and cannot be considered as a relevant ground to object to an application. A childcare centre is currently under construction in Illeura Road; this childcare centre will be specialising in the “Montessori’ Educational programmes that may not appeal to everyone and the proposal is providing an alternative.

Noise. The proposed use will create noise during construction during operation in the play area.

There is expected to be a degree of noise and disturbance during the construction of the centre. A child care centre will generate noise but will be restricted to operational hours with no noise generation on weekends or in the evenings. A Noise Management Plan is required under the consent. It is recommended that a Noise Management Plan be prepared to assist in addressing noise complaints from the site in accordance with the recommended noise mitigation measures and it should include measurement and monitoring of noise levels; complaint management procedures as well as periodic review of the plan. The Noise Management plan shall include physical measures to reduce the impacts as a result of noise by the childcare centre, including the

following requirements: - Locate any play structures at least 3m from any property boundary located adjoining a residential property. - Provide double glazing on windows

�- Provide noise barriers, which may include

fencing types that minimise noise transmission

�Limit the number of children to be outdoors at

any one time. �- Provide an activity program, with particular reference to the outdoor playing area.

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Amenity. There is concern that the use will alter the amenity of the area.

The development has been designed to be compatible with the residential nature of the locality. The size and the bulk of the building are conducive to the general built form and landscaping has been provided to embellish the development, in specific that of the parking area. In terms of the overall operation, the impacts associated with traffic and noise will increase during drop-off and pick up times. During the day (outside the drop-off and pick-up times), noise will be concentrated to the play area and traffic movements will subside.

Alternative locations. The submissions raised the question if alternative locations have been considered by the developer.

This is not a requirement that must be considered within development assessment of this nature. The applicant has indicated that other locations were considered with the current site both viable and suitable to the developer’s criteria. The site was considered suitable based on the provisions of the LEP that indicated that childcare centres are permitted with consent in the R1, General Residential Zone and that it satisfies the objectives of the zone.

Operation hours. There is an opinion that the operation hours should be reduced as the noise and traffic generated by the use will impact on the amenity of the area.

The application has sought opening hours of 6am to 6pm. As this is a residential area opening hours of 6am are not considered appropriate. Accordingly the hours have been conditioned as 7am to 6pm which is consistent with other recently approved child care centres in similar locations.

Stormwater detention. There is a concern that the nearby stormwater detention facility will create a safety issue for children attending the child care facility.

The stormwater detention basin is located on Council owned approximately 20m south of the site on Lot 830DP 1148782. The applicant has indicated that the children attending the child care centre will be dropped off at the facility by their parent or carers and looked after by the childcare staff until they are picked up. At no time will the children be allowed out of the enclosed premises. Secure fencing is provided within the facility to ensure children do not get out, other than under direct supervision of the adult.

Loss of property values. There is a concern that the market value of properties in the locality will be reduced as a result of the childcare centre.

The valuation of property is not a planning related consideration that is used within development assessment and cannot be considered as a relevant ground to object to an application.

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Section 79C(e ) - the public interest

The public interest is a broad consideration relating to many matters and is not limited to the issues raised by the submissions. This application has been considered in respect to the benefits of the community and the matters discussed in this report are all reflections of the public interest and community expectations. Taking into account the full range of matters for consideration under Section 79C of the Environmental Planning and Assessment 1979 (as discussed within this report) it is considered that approval of the application is the public interest. Section 79B(3)

The proposed development will have no significant impact on ecological values and a species impact statement is not required.

Council Policies

Not applicable.

Contributions Plans

Section 94/94A of the Environmental Planning and Assessment Act 1979 and the City of Wagga Wagga’s Section 94 Contributions Plan 2006-2009 / Levy Contributions Plan 2006 enables Council to levy contributions, where anticipated development will or is likely to increase the demand for public facilities. The development cost is $700,000.00, therefore a $7,000.00 (1% of development cost) contribution applies. However, the subject lot was created pursuant to DA12/0106. A condition of that consent required that Section 94 contributions in the order of $13,167.22 per lot were to be paid. No further Section 94/94A contribution is therefore payable. Section 64 of the Local Government Act, 1993, Section 306 of the Water Management Act 2000 as well as the City of Wagga Wagga’s Development Servicing Plan for Stormwater 2007 and/or City of Wagga Wagga Development Servicing Plan for Sewerage 2006 enable Council to levy developer charges based on the increased demands that new development will have on sewer and/or stormwater. The number of ETs for a child care centre is based on 0.10 per person. The maximum number of children at the centre will be 44 plus 12 staff members. This results an ET of 5.6. The additional impact would be 5.6 minus 2 (ET of 1 applied to two lots) = ET 3.6. $3538 x 3.6 = $12,736.80 Apply CPI (106.8/100.5) = $13,535.23 Stormwater calculations are based on the increase in impervious area created as a result of the development. The total area of the building and the car park is 836 square metres. 836sqm x 1.0 x $1721 = $2,430.33 800 0.74

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Credit applied for the two existing lots at a rate of $1721.00 per lot = $3,442.00 Therefore no additional stormwater contributions are payable.

Conclusion

Consideration of the effect of the proposed development on the existing urban environment has been undertaken, and it is considered the proposed development has the potential to have an impact on the amenity of the locality. However, there are also positive impacts associated with the proposed development, particularly in providing a much needed community function. Council officers have tried to strike a balance between the various aspects of public interest and in this instance it is considered that the benefits of the proposed development will outweigh the negative impacts associated with subject approval. An assessment of this application has demonstrated that site is suitable for the proposed use; it satisfies the outcomes sought under the Wagga Wagga Local Environmental Plan 2010 and it complies with all the relevant controls of the Wagga Wagga DCP 2010. An assessment of the application is supported based on the following grounds:

� The application is for a Child care centre in the R1, General Residential Zone- which is permitted with consent.

� The development complies with the requirements of the Environmental Planning and Assessment Act 1979 and will not compromise the outcomes sought for the Wagga Wagga Local Environmental Plan 2010.

� An assessment of the application against the relevant sections of the Wagga Wagga Development Control Plan 2010 demonstrates that the proposed development will not cause any significant adverse impacts on the surrounding natural environment, built environment, infrastructure, community facilities or local character and amenity.

The application is subsequently recommended for approval, subject to conditions.

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RECOMMENDATION It is recommended that DA15/0273 for Child Care Centre be approved, subject to the following conditions:- CONDITIONS Approved Plans and Documentation

1. The development must be carried out in accordance with the approved plans and specifications as follows. Plan/DocNo.

Plan/Doc Title Prepared by Date

Statement of Environmental Effects

IRIS Planning 20/05/15

5402-1 Site Layout and Concept Landscape Plan

Darryl Forbes-Taber

1/05/15

5402-2 Floor Plan Darryl Forbes-Taber

1/05/15

5403-3 Elevations Darryl Forbes-Taber

1/05/15

The Development Application has been determined by the granting of consent subject to and as amended by the conditions of development consent specified below. NOTE: Any modifications to the proposal shall be the subject of an

application under Section 96 of the Environmental Planning and Assessment Act, 1979.

REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to release of Construction Certificate

2. Provision must be made in the building and on the site for: a) access to the building for people with disabilities in accordance with

the Building Code of Australia; b) toilet facilities for people with disabilities in accordance with the

Building Code of Australia, and such toilet facilities must be accessible to all persons working in, or using, the building; and

c) motor vehicle parking spaces on the site for the exclusive use of people with disabilities in accordance with Table D3 of the Building Code of Australia.

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NOTE: These matters must be addressed in the plans and specifications submitted with the application for a Construction Certificate.

REASON: To provide for the use of the development by people with disabilities. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

3. Prior to the issue of a Construction Certificate details of all structural concrete and structural steelwork shall be submitted to the Principal Certifying Authority for approval, all such details shall be certified by a practising Structural Engineer. REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

4. Prior to the release of Construction Certificate a geo-technical report must be submitted to the Principal Certifying Authority that demonstrates that the foundation upon which a footing/slab is to be located is classified in accordance with Part 3.2.4 "Site Classification", of the Building Code of Australia and AS 2870 Residential Slabs and Footings. This report must be carried out by an experienced geo-technical engineering consultant, with associated testing being conducted by a NATA registered laboratory. The report shall identify the type of "site classification" that exists on the subject site. Any footing/slab design is to be designed having regards to the identified site classification. REASON: It is in the public interest that all building elements are designed to be able to withstand the combination of loads and other actions to which they may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

5. Prior to the issue of Construction Certificate the developer must lodge a bond with Council of:- $1000 for security deposit on the kerb and gutter and footpath NOTE 1: Applicants will be required to reference the INDIVIDUAL kerb and

gutter bond number (BKG 0363) when lodging bond monies. Please reference the BKG number on the application form which is available from customer service and on council‘s website under the planning tab > document quick links > applications / or alternatively reference BKG number when making electronic payment.

NOTE 2: All monetary conditions are reviewed annually, and may change on 1 July each year.

NOTE 3: Works in the form of driveways, kerb and gutter and footpath may require you to obtain a Section 138 Roads Act 1993 approval. Please contact Councils Road Reserve Officer on 1300 292 442 prior to undertaking such works.

NOTE 4: Council will accept a once off security deposit for the kerb and gutter and footpath for applicants who lodge multiple DA‘s with council. If the applicant has security deposits held by Council for

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kerb and gutter and footpath at the time of Construction Certificate application, then Council may waive the need for an additional bond to be paid.

NOTE 5: The bond held on the kerb and gutter and footpath is fully refundable upon completion of all works and upon inspection by Council to ensure that any damage to Council infrastructure has been repaired. The bond will not be refunded in the event that damage done to Council‘s infrastructure is not repaired to the satisfaction of Council. All damage is to be repaired at the full cost of the applicant

REASON: It is in the public interest that such fees are paid in accordance with Council’s Management Plan. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

6. Prior to the release of Construction Certificate a compliance certificate under s306 of the Water Management Act 2000 must be obtained in respect of the development relating to water management works that may be required in connection with the development. NOTE1: ‘Water management work’ is defined in s283 of the Water

Management Act to mean a ‘water supply work‘, ‘drainage work‘, ‘sewage work’ or ‘flood work’. These terms are defined in that Act.

NOTE 2: Riverina Water is responsible for issuing compliance certificates and imposing requirements relating to water supply works for development in the Council‘s area - please contact Riverina Water to ascertain compliance certificate water supply related requirements. A copy of such a compliance certificate is required prior to release of Construction Certificate.

NOTE 3: The Council is responsible for issuing compliance certificates and imposing requirements relating to sewerage, drainage and flood works for development in its area.

NOTE 4: Under s306 of the Water Management Act 2000, Riverina Water or the Council, as the case requires, may, as a precondition to the issuing of a compliance certificate, impose a requirement that a payment is made or works are carried out, or both, towards the provision of water supply, sewerage, drainage or flood works.

NOTE 5: The Section 64 Sewer base figure is $12,736.80 The Section 64 Sewer contribution (updated by the CPI) required to be paid is $13,535.23

NOTE 6: The Section 64 Stormwater base figure is $0 NOTE 7: Section 64 contributions shall be indexed in accordance with

CPI. NOTE 8: The figures outlined in this consent are based on the current rate

of CPI. Please be advised that CPI changes on a regular basis and you are advised to contact Council prior to payments being made, to ensure no further CPI increases/decreases have occurred since the date of this consent.

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REASON: It is in the public interest that Council maintain the ability to provide adequate water and sewer reticulation services. Section 79C(1)(c) and (e) of the Environmental Planning and Assessment Act 1979, as amended).

7. Prior to the issue of the Construction Certificate a revised site plan shall be submitted to Council for approval that indicates;

i) The stormwater connecting to the existing pit in Burrundulla Road

ii) The existing sewer spur to be upgraded to a 150mm dia spur iii) Sewer connecting to the new 150mm dia spur iii) The finished paving levels demonstrating that the stormwater

overland flow path is directed towards the street iv) A stormwater plan indicating pipe and pit levels, inverts and

sizes. This plan shall also show existing and proposed surface contours within the site and along its boundaries with immediately adjacent properties, and shall define overland flow paths for storms which exceed a 1 in 10 year event.

REASON: It is in the public interest that plumbing and drainage work is carried out in accordance with AS/NZS 3500 and the relevant provisions of the New South Wales Code of Plumbing Practice, Plumbing and Drainage. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

8. Prior to the issue of the Construction Certificate the applicant shall develop a Noise Management Plan that has a primary aim but is not necessarily limited to, the ongoing evaluation and application of best practice and all feasible and practicable means to reduce emissions. The Noise Management plan shall include physical measures to reduce the impacts as a result of noise by the childcare centre, including the following:

� Locate any play structures at least 3m from any property boundary

located adjoining a residential property. � Double glazing on windows � Erection of noise barriers, which may include fencing types that

minimise noise transmission � Limiting the number of children to be outdoors at any one time. � Providing an activity program, with particular reference to the outdoor

playing area.

The Noise Management Plan shall be approved by the Director of Planning and Regulatory Services or delegate and fully implemented prior to the commencement of the use. The approved plan shall be implemented for the lifetime of the development on the subject site. The plan main aim shall be to minimise the loss of amenity to nearby residents due to noise; and shall:

� Set up a noise complaints response procedure to include recording of

individual complaints and review and continual improvement of noise management

� Provide a program for noise monitoring to be carried out if complaints are received.

� Where levels of noise complaints indicate a higher level of impact than

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the limit stated below, then actions to ameliorate impacts should be developed and implemented.

The development shall maintain an ambient noise level within the centre not exceeding 40dB(A). REASON: To prevent the proposed development having a detrimental effect on the developments existing on adjoining land. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

9. No part of the development, including cut, fill, or footings is to encroach the easement. Prior to the release of the Construction Certificate the applicant is required to submit plans that show that the footings address the angle of influence taking into account the depth of existing sewer and stormwater mains in the easement. REASON: To ensure the integrity of infrastructure within the easement is retained. Section 79c (1) (c ) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

10. Prior to issue of the Construction Certificate detailed plans and elevations of the kitchen area shall be submitted in accordance with the requirements of the Food Act 2003 and the Food Regulation 2010 and the Food Safety Standards Code. Plans shall include but not be limited to the floor, wall, ceiling covering, coving, exhaust canopy, personal and chemical storage areas. REASON: To aid in the storage, preparation and display of food that is safe to be consumed by the public. Section 79c(1) (e) of the Environmental Planning and Assessment Act 1979, as amended.

11. A detailed or revised landscape plan and legend shall be submitted and approved prior to the release of the Construction Certificate.

(1) Landscape plan shall be in accordance with Council’s Landscape Guidelines and Landscape Application Checklist.

(2) A Plant Schedule indicating all plant species, pot sizes, spacings and numbers to be planted within the development shall be submitted with the Landscape Plan. Plant species are to be identified by full botanical name. All plants proposed in the landscape plan are to be detailed in the plant schedule.

(3) Use plant species in landscaping that are not harmful to children or the environment. Avoid the use of noxious and environmental weeds (as listed on Council’s website). A minimum of 3 trees shall be planted in the vicinity of the car parking area.

(4) Landscaping must be provided to improve screening to adjoining residential properties.

(5) Locate any play structures at least 3m from any property boundary located adjoining a residential property.

(5) The landscape plan must illustrate: (a) the separation of play areas for

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different age groups including the location of low fencing, planting and other structures which divide the areas but allow for interaction between the ages; (b) the separation of outdoor play space into active and quiet zones; (c) the type and placement of any fixed play equipment; and (d) the location and type of shade structures

REASON: To ensure that landscaping will be provided on the subject land. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to Commencement of Works

12. Prior to works commencing on site, toilet facilities must be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be: a) a standard flushing toilet connected to a public sewer, or b) if that is not practicable, an accredited sewage management facility

approved by Council, or c) if that is not practicable, any other sewage management facility

approved by Council. NOTE 1: The provision of toilet facilities in accordance with this condition

must be completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council.

NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of the subject building site.

NOTE 3: The toilet facilities are to comply with all WORK COVER NSW requirements.

REASON: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

13. A CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with the Building Code of Australia PRIOR to any works commencing. NOTE 1: No building, engineering, excavation work or food premises

fitout must be carried out in relation to this development until the necessary Construction Certificate has been obtained.

NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this Development Application.

NOTE 3: It is the responsibility of the applicant to ensure that the development complies with the provision of the Building Code of Australia in the case of building work and the applicable Council

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Engineering Standards in the case of subdivision works. This may entail alterations to the proposal so that it complies with these standards.

REASON: To ensure the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development complies with the appropriate construction standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

14. Prior to works commencing a container must be erected on site for the enclosure of all building rubbish and debris, including that which can be wind-blown. The enclosure shall be approved by Council and be retained on site at all times prior to the disposal of rubbish at a licenced Waste Management Centre. Materials and sheds or machinery to be used in association with the construction of the building must not be stored or stacked on Council’s footpath, nature strip, reserve or roadway. NOTE 1: No building rubbish or debris must be placed, or be permitted to

be placed on any adjoining public reserve, footway, road or private land.

NOTE 2: Weighbridge certificates, receipts or dockets that clearly identify where waste has been deposited must be retained. Documentation must include quantities and nature of the waste. This documentation must be provided to Council prior to application for an Occupation Certificate for the development.

NOTE 3: The suitable container for the storage of rubbish must be retained on site until an Occupation Certificate is issued for the development.

REASON: To ensure that the building site and adjoining public places are maintained in a clean and tidy condition so as not to interfere with the amenity of the area. Section 79C (1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

15. Prior to the commencement of works erosion and sediment control measures are to be established and maintained to prevent silt and sediment escaping the site or producing erosion. This work must be carried out and maintained in accordance with Council’s:-

a) Development Control Plan 2010 (Section 2.6 and Appendix 2)

b) Erosion and Sediment Control Guidelines for Building Sites; and

c) Soils and Construction Volume 1, Managing Urban Stormwater Prior to commencement of works, a plan illustrating these measures shall be submitted to, and approved by, Council. NOTE: All erosion and sediment control measures must be in place

prior to earthworks commencing. REASON: To ensure the impact of the work on the environment in terms of soil erosion and sedimentation is minimised. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

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16. Prior to the commencement of works, an application is required to be lodged for both an Activity Approval under Section 68, Part B - 4, 5 and 6, of the Local Government Act 1993 for any public infrastructure sewer / stormwater works and a Construction Certificate for all other subdivision works. These two applications should be lodged concurrently. NOTE 1: Works carried out under a separately approved Section 68 prior

to a Development Consent and/or Construction Certificate being issued are subject to change and are at the applicant's risk.

NOTE 2: The Section 68 Activity Approval (PUBLIC) may be subject to a works bond payable prior to the release of the Section 68 Activity Approval. The works bond payable will be determined based on the category of works being undertaken. Refer to Council’s Section 68 Activity Approval Guide for definition of works categories.

REASON: To ensure that the activity is carried out with the relevant approvals required under the Local Government Act 1993.

17. The licensed plumber must submit to Council, at least two (2) days prior to the commencement of any plumbing and drainage works on site a “Notice of Works”. NOTE: A copy of the Notice of Works form can be found on Council’s

website. REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations.

18. A Section 68 Approval and Plumbing Permit must be obtained by a Licensed Plumber and Drainer prior to any sewer or stormwater work being carried out on the site. Plans must be supplied for assessment and approval as part of the s68 application and must indicate that pipe and pit sizing meets the requirements of AS3500 and the Plumbing Code of Australia. Further, a final inspection must be carried out upon completion of plumbing and drainage work prior to occupation of the development. REASON: It is in the public interest that plumbing work is carried out with the relevant approvals required under the Local Government Act 1993 and the Plumbing Code of Australia. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

19. Prior to works commencing, a sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

a) stating that unauthorised entry to the site is prohibited, and

b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside work hours

c) the development consent or complying development consent number, the name and contact details of the Principal Certifying Authority.

Any sign must be removed when the work has been completed.

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NOTE: This condition does not apply to: a) building work carried out inside an existing building, or b) building work carried out on premises that must be occupied

continuously (both during and outside work hours) while the work is being carried out.

REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

20. At least two (2) days prior to the commencement of any works, the attached ‘Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority’, must be submitted to Council. REASON: Because it is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

During works

21. Vehicular access within the road reserve must be constructed to Council standards, at full cost to the developer, by a licensed Council approved contractor. REASON: To ensure that the proposed access is constructed by an approved Council Contractor. Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended.

22. If the Council is appointed as the Principal Certifying Authority the following inspections must be undertaken by Council and a satisfactory Inspection Report must be issued by Council for such works prior to any further works being undertaken in respect of the subject development. Inspection Stages for construction are listed in Column 1 and must be inspected by Council at the times specified in Column 2. COLUMN 1 COLUMN 2 Footings When the footings have been excavated

and all steel reinforcement has been placed in position.

Slab When reinforcement steel has been placed in position in any concrete slab, whether or not the slab is suspended, on the ground, or on fill.

Wall frame When the frame has been erected and prior to sheeting and or brick veneer outer wall has been constructed and tied to the frame.

Roof frame When external roof covering has been installed and prior to the installation of the ceiling lining and eaves soffit lining.

Wet areas When waterproofing has been applied to all wet areas, prior to tiling or finishing of surface.

Final Required prior to occupation of the building

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NOTE 1: A Final Occupation Certificate in relation to the building cannot be issued by Council until all Inspection Reports required by this condition have been issued by Council. Prior to or at the time of the application for Occupation Certificate the application for “Occupation Certificate” form attached to the Council issued Construction Certificate must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate application form will result in an inability for Council to book and subsequently undertake occupation certificate inspection.

NOTE 2: The above Inspection Reports are required whether or not the work has been inspected by a Structural Engineer, a lending authority or any other person. If the Inspection Reports are not issued Council may refuse to issue a Building Certificate under Section 149A of the Environmental Planning and Assessment Act 1979, as amended.

NOTE 3: Submission of the bracing plan and the Truss and Frame Certificate is required seven (7) working days before the frame inspection.

REASON: It is in the public interest that Compliance Certificates be issued for these components of the development, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

23. If soil conditions require it:

a) retaining walls associated with the erection/demolition of a building or other approved methods of preventing movement of soil must be provided, and

b) adequate provision must be made for drainage. NOTE 1: A Retaining wall in excess of 600mm in height or within 1m of the

lot boundary or an easement is not exempt development under the provisions of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and requires an approval.

NOTE 2: Retaining walls which exceed 600mm in height must be designed by a Practising Structural Engineer or installed in accordance with any manufacturer’s specification.

REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

24. The Builder must at all times maintain, on the job, a legible copy of the plan and specification approved with the Construction Certificate. REASON: It is in the public interest that a copy of the Construction Certificate plans are available, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

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25. The concrete slab floor shall be treated against termites in accordance with AS 3660-1 2000 Termite Management:

a) NON CHEMICAL - where a non chemical treatment (physical barriers) is to be used the applicant shall submit details to Council prior to any work commencing.

b) CHEMICAL RETICULATION - where a chemical method of treatment is to be used by way of reticulation, details shall be provided to Council for approval prior to installation accompanied by a signed maintenance contract with a Pest Control Operator. Applicants and owners are to ensure that an annual inspection is undertaken to determine need for treatment.

c) CHEMICAL TREATMENT - where a chemical method of treatment is to be used by way of hand spray treatment before laying the slab, details shall be provided to the Council for approval prior to installation. Warning - Applicants and owners are warned that the expected life of the under floor barrier (Chemical Treatment) is only ten (10) years and the external barrier (Chemical Treatment) is only five (5) years. The actual protection will depend on factors such as termite hazards, climate and soil conditions. Council recommends in all cases of chemical treatment including reticulation that regular annual inspection be carried out by a licensed Pest Control Operator to determine the need for re-treatment.

d) Upon installation of the method of treatment, a Certificate shall be issued to Council by the licensed installer of the system certifying that the system installed is in accordance with AS 3660-1 and in accordance with any specific requirements of the Council.

e) A durable notice must be permanently fixed to the building in the electricity meter box indicating: i) The method of protection ii) The date of installation of the system iii) Where a chemical barrier is used, its life expectancy as listed on

the National Registration Authority label. iv) The need to maintain and inspect the system on a regular basis.

REASON: It is in the public interest that where appropriate termite management treatments are used in compliance with AS 3660.1.2000 Termite Management New Building Work. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

26. The permitted construction hours are Monday to Friday 7.00am to 6.00pm and Saturday 7.00am to 5.00pm, excepting public holidays. All reasonable steps must be taken to minimise dust generation during the demolition and/or construction process. Demolition and construction noise is to be managed in accordance with the Office of Environment and Heritage Guidelines.

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REASON: To ensure building works do not have adverse effects on the amenity of the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

27. All earthworks, filling, building, driveways or other works, must be designed and constructed (including stormwater drainage if necessary) so that at no time, will any ponding of stormwater occur on adjoining land as a result of this development. REASON: To prevent the proposed development having a detrimental effect on the developments existing on the adjoining lands. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

28. Stormwater drainage must be constructed and maintained so as to provide a 1 in 10 year pipe system, satisfactory overland flow path and not adversely affect adjacent properties. REASON: To prevent the proposed development having a detrimental effect on the developments existing on the adjoining lands. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

29. The existing sewer spur servicing the lot shall be upgraded to a 150mm

diameter spur to service the development. These works must be carried under a Section 68 (PUBLIC) Activity Approval.

REASON: To ensure that the sewer servicing requirements of the development are carried out in accordance with Council, requirements. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

30. The developer is to maintain all adjoining public roads to the site in a clean and tidy state, free of excavated “spoil” material.

REASON: To ensure building works do not have adverse effects on the amenity of the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

31. Any upgrades or alterations to existing Council infrastructure required as a

result of the development shall be at the full cost of the applicant. REASON: In order to cover the cost of any works to Public Infrastructure as a result of the development. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

32. The construction and finished area used for the manufacture, preparation, storage, packing, carriage or delivery of food for sale shall be constructed and maintained in accordance with the Food Act 2003 and Regulations 2010 and the Food Safety Standards Code. REASON: To aid in the storage, preparation and display of food that is safe to be consumed by the public. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

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33. A Compliance Certificate for the plumbing and drainage work identified in Column 1 at the times specified in Column 2 must be obtained from Council.

COLUMN 1 COLUMN 2 Internal Sewer Drainage

When all internal plumbing work is installed and prior to concealment.

External Sewer Drainage

When all external plumbing work is installed and prior to concealment.

Stormwater Drainage When all external stormwater drainage work is installed and prior to concealment.

Final Prior to occupation of the building. REASON: It is in the public interest that plumbing work is certifying as complying with AS/NZS 3500.2003 and Plumbing Code of Australia.

34. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant Construction Certificate or Complying Development Certificate was made). REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to release of Occupation Certificate / Prior to Operation

35. The applicant must obtain an Occupation Certificate, pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, from either Council or an accredited certifying authority, prior to occupation of the building. NOTE: The issuing of an Occupation Certificate does not necessarily

indicate that all conditions of development consent have been complied with. The applicant is responsible for ensuring that all conditions of development consent are complied with.

REASON: It is in the public interest that an Occupation Certificate be issued prior to occupation of the building. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

36. Prior to the issue of Occupation Certificate, the paving of all vehicular movement areas must be either a minimum of 150mm thick flexible pavement and sealed or 150mm thick reinforced concrete. REASON: To provide all weather vehicular movement and to minimise nuisances to adjoining development from noise and dust. Section 79C(1)(b) and (c) of the Environmental Planning and Assessment Act 1979, as amended.

37. Landscaping as per the approved landscaping plan (refer to condition 11) must be completed prior to the issue of the Occupation Certificate.

REASON: It is in the public interest that landscaping be completed prior to occupation of the building. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

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38. Lots 21 and Lot 22 DP 1193051 are to be consolidated into one lot prior to the

issue of an Occupation Certificate. NOTE: Evidence of consolidation must be provided to Council REASON: The size and shape of the subject land, and the siting of the proposed buildings and works thereon, are such to require the land be consolidated. Section 79C(1)(b) and (c) of the Environmental Planning and Assessment Act 1979, as amended.

39. Prior to the issue of Occupation Certificate, the building must comply with the Fire Safety Schedule, attached. NOTE: The Fire Safety Schedule supersedes any earlier Fire Safety

Schedule and will cease to have effect when any subsequent Fire Safety Schedule is issued.

REASON: It is in the public interest that the building provides an adequate level of fire protection. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

40. Prior to the issue of the Occupation Certificate and two (2) days prior to the premises opening, Council's Environmental and Community Services Directorate must be contacted for a Health Inspection and registration of the premises in accordance with the Food Act 2003 and the Food Regulations 2010, Food Safety Standards Code. REASON: To aid in the storage, preparation and display of food that is safe to be consumed by the public. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

41. Prior to the release of the Occupation Certificate the NSW Food Authority must be notified of the Food Business Premise

REASON: To aid in the storage, preparation and display of food that is safety to be consumed by the public. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

42. A final inspection must be carried out upon completion of plumbing and drainage work and prior to occupation of the development, prior to the issuing of a final plumbing certificate Council must be in possession of Notice of Works, Certificate of Compliance and Works as Executed Diagrams for the works. The works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF file in accordance with Council requirements. All plumbing and drainage work must be carried out by a licensed plumber and drainer and to the requirements of the Plumbing and Drainage Act 2011. NOTE: Additional fees for inspections at the Plumbing Interim

Occupancy / Plumbing Occupation stage may apply. This will depend on the number of inspections completed at this stage of the work/s.

REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations.

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43. Prior to the issue of an Occupation Certificate a Water Plumbing Certificate from Riverina Water County Council shall be submitted to Council. NOTE 1: The applicant is to obtain a Plumbing Permit from Riverina Water

County Council before any water supply/plumbing works commence and a Compliance Certificate upon completion of the works. Contact Riverina Water County Council’s Plumbing Inspector on 6922 0618. Please be prepared to quote your Construction Certificate number.

REASON: To ensure that the water servicing requirements of the development have been approved by the relevant authority. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

General

44. The approved use must only be conducted on Mondays to Fridays, inclusive between the hours of 7.00 am and 6.00 pm. REASON: To ensure development does not reduce the amenity of the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

45. All exterior lighting associated with the development must be designed and installed so that no obtrusive light will be cast onto any adjoining property. NOTE: Compliance with Australian Standard AS4282.1997 “Control of

the Obtrusive Effects of Outdoor Lighting” will satisfy this condition.

REASON: To prevent the proposed development having a detrimental effect on the developments existing on adjoining land. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

46. No signage is approved as part of the application, no signs or advertising material (other than those classed as exempt development) shall be erected on or in conjunction with the proposed occupation of the site without a subsequent application being approved by Council. REASON: Advertising structures and signs may require a development application to assess the impact on the amenity and safety of the area. Section 79C(1)(a) of the Environmental Planning and Assessment Act 1979, as amended.

47. The boundary fence that screens the play area and faces Glandore Street, shall be open style design. REASON: To ensure the development has a positive impact on streetscape. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

48. Approval is granted for a maximum of 44 children and 6 staff members in attendance. REASON: It is in the public interest that the development is in accordance with the approved plans and documents. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

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49. (1) For the purposes of Section 80A (11) of the Environmental Planning and Assessment Act 1979, it is a prescribed condition of the development consent that 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.

(2) The condition referred to in subclause (1) 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.

REASON: To ensure the development complies with the requirements imposed under Clause 98E of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A (11) of the Environmental Planning and Assessment Act 1979, as amended.

50. A minimum of 11 car parking spaces must be made available on site at all times in accordance with Australian Standards AS2890.1 2004, AS2890.2.2002 and AS/NZS2890.6.2009. REASON: To adequately provide for the parking of vehicles within the development. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

51. The car park and all associated facilities must be laid out in accordance with Australian Standards AS2890.1.2004 AS2890.2 2002 and AS/NZS2890.6.2009. REASON: To adequately provide for the parking of vehicles within the development. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

52. Illumination of the car park must be in accordance with AS 1158.3.1.2005, as amended, lighting for roads and public spaces. REASON: To provide opportunities for natural surveillance and reduce the likelihood of crime on the subject land. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979.

53. A licence for the operation of the facility must be obtained from NSW Department of Community Services

REASON: The State Government is responsible for licencing child care centres under the Children and Young Persons (Care and Protection) Act, 1998.

54. The owner must submit to Council an Annual Fire Safety Statement, each 12 months after the final Safety Certificate is issued. The certificate must be on, or to the effect of, Council’s Fire Safety Statement (copy attached). REASON: It is in the public interest that the development provides an Annual Fire Safety Statement. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

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55. Wagga Wagga City Councils Engineering Guidelines for Subdivisions and Development shall be referred to for the design of engineering requirements. Any aspect of the design which is not covered in Councils document should reference relevant specifications selected from other sources. Any aspect of the design that is not in accordance or not covered in council's document shall be listed and submitted with the plans for separate approval. REASON: So that Council may ensure that the design and construction is in accordance with Councils requirements and for the information of the emergency services. Section 79c (I) (e) of the Environmental Planning and Assessment Act 1979, as amended.

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Report of Development Application

Pursuant to Section 79C of the Environmental Planning and Assessment Act 1979

APPLICATION DETAILS

Application No.: DA15/0273

Modification No.: DA15/0273.02

Council File No.: DA15/0273

Date of Lodgement: 30/11/2015

Applicant: Project Planning & Design

PO Box 8487

KOORINGAL NSW 2650

Proposal: Childcare Centre: Amend Conditions 8, 41 and 50(a) of the consent

BCA Classification: 9 & 6

Assessment Officer: Adriaan Stander

Description of Modification: Amend condition 8, delete condition 41, delete condition

50(a)

Type of Application: Modification

Other Approvals: Nil

Concurrence Required: No

Referrals: Internal

Adjoining Owners Notification: Yes

Advertising: No

Determination Body: Council

Reason: The proposal is to remove condition 50(a) which

requires the construction of a drop-off and pick-up

facility. The condition was imposed by the Policy and

Strategy Committee at its meeting of 10/08/2015. The

condition was not recommended by the officer’s original

assessment report and a removal of this condition is

therefore a matter for Council to consider.

Meeting Date: N/A

Owner’s Consent Provided: Yes

Location: Located on the south-western corner of Burrundulla

Road and Glandore Street, Bourkelands.

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SITE DETAILS

Subject Land: 10 Burrundulla Rd BOURKELANDS NSW 2650

Lot 21 DP 1193051, Lot 22 DP 1193051

Owner: Wilrose Building Pty Ltd

PLANNING CONTROLS / STATUTORY CLASSIFICATION Pursuant to Part 4 (Division 1) Environmental Planning Instrument: Wagga Wagga Local Environmental Plan

2010

Zoning: Under the Wagga Wagga Local

Environmental Plan, 2010 - R1 General

Residential

Land Use Definition: Child care centre

Statement of Permissibility: Permitted with consent

Description of Development A development application (DA09/0129) for a new Child care centre at 10 Burrundulla Road, Bourkelands was approved by Council on 01/09/2015. The Child care centre will provide a mixture of full-time and part day care for 44 children. The proposed building is a single storey structure of approximately 360sqm in size and includes two 2 indoor playing areas, a reception area, kitchen, staff room, offices and toilet facilities. An outdoor play area is proposed to the west (the rear) of the building and a parking area to the south. Access to the site is proposed off Burrundulla Road. An application under Section 96(1)(a) of the Environmental Planning and Assessment Act 1979 has now been made seeking to modify of the original development consent under DA15.0273. The request is to:

amend condition 8 (requirement to lodge a Noise Management Plan); delete condition 41 (requirement to notify the NSW Food Authority); and delete condition 50(a) (requirement to provide a drop-off and pick-up facility).

To avoid any confusion, it should be noted that the numbering of the original conditions of consent under DA15/0273 have changed as a result of a modification under DA15/0273.01. The requirements under condition 8 (to provide a Noise Management Plan) have been moved to condition 35(a). The proposal is therefore to amend condition 35(a) as well as the deletion of conditions 41 and 50(a) as outlined above and described in more detail below. MATTERS FOR CONSIDERATION PURSUANT TO SECTION 96(1)(a)

An application under Section 96(1)(a) of the Environmental Planning and Assessment Act 1979 has been made seeking to modify of the development consent under DA15.0273.01 as follows:

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Amend condition 35(a). Condition 35(a) requires the following: 35 (a) Prior to the issue of the Occupation Certificate (or any interim Occupation

Certificate) the applicant shall develop a Noise Management Plan that has a primary aim but is not necessarily limited to, the ongoing evaluation and application of best practice and all feasible and practicable means to reduce emissions. The Noise Management plan shall include physical measures to reduce the impacts as a result of noise by the childcare centre, including the following:

Locate any play structures at least 3m from any property boundary located adjoining a residential property. Erection of noise barriers, which may include fencing types that minimise noise transmission In addition to the above, the plan may include the following measures to reduce noise:

Double glazing on windows Limiting the number of children to be outdoors at any one time. Providing an activity program, with particular reference to the outdoor

playing area.

The Noise Management Plan shall be approved by the Director of Planning and Regulatory Services or delegate and fully implemented prior to the commencement of the use. The approved plan shall be implemented for the lifetime of the development on the subject site. The plan main aim shall be to minimise the loss of amenity to nearby residents due to noise; and shall:

Set up a noise complaints response procedure to include recording of individual complaints and review and continual improvement of noise management.

Provide a program for noise monitoring to be carried out if complaints are received.

Where levels of noise complaints indicate a higher level of impact than the limit stated below, then actions to ameliorate impacts should be developed and implemented.

The development shall maintain an ambient noise level within the centre not exceeding 40dB(A).

The applicant requests that condition 35(a) be amended to:

“That the operator of the childcare centre monitors the noise levels at the midpoint of each boundary for a period of eight weeks after occupation of the building with an approved noise metre. That the results of the noise measurements they submit to Council be used to determine if they exceed the ambient noise level for the area of 40 dB(A). In the event that the noise levels exceed 40 dB(A) then the noise management plan be prepared to ameliorate the impacts and submitted to the Director and Planning and Regulatory Services for approval”

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The applicant’s request is considered reasonable as the main aim of the condition is to maintain an appropriate ambient background noise level and to have a Noise Management Plan in place if the noise levels exceed the restricted noise level. In addition Council have not previously required Noise Management Plans for other similar childcare centres in Wagga Wagga. Council’s Environmental Health Section reviewed the request and suggested that the wording be changed as follows: 35(a) The dB(A)Leq noise level emitted from the premises shall not exceed the

background noise level in any Octave Band Centre Frequency (31.5Hz–8kHz inclusive) by more than 5dB during operational hours at the boundary of any affected residence.

The operator of the childcare centre shall monitor noise levels at the midpoint of each boundary for a period of eight weeks after occupation of the building with an approved noise meter. Noise metering shall be conducted at appropriate intervals during operations hours, including but not limited to drop-off and pick-up and activity times.

The results of the noise measurements shall be submitted to Council. In the event that the noise levels exceeds 5dB(A) above background levels at any given reading during the 8 week period or subsequent reading as a result of noise complaints, the applicant shall develop a Noise Management Plan to be submitted and approved by the Director of Planning and Regulatory Services (or delegate). The Noise Management Plan shall be implemented for the lifetime of the development on the subject site. The main aim of the Noise Management Plan shall be to minimise the loss of amenity to nearby residents due to noise. The plan shall include:

• noise complaints response procedure to include recording of individual

complaints and review and continual improvement of noise management. • provide a program for noise monitoring to be carried out if complaints are

received. Delete condition 41.Condition 41 requires the following. 41. Prior to the release of the Occupation Certificate the NSW Food Authority must be

notified of the Food Business Premise The applicant’s request is to delete condition 41 as notification to the NSW Food Authority since 1 September 2015 is no longer required. The recommendation is to amend the condition to provide notification to current food Authority (Council) instead of the NSW Food Authority. The application has been forwarded to Council’s Environmental Health Section, which supports the proposal to change this condition as per the recommendation. Delete condition 50(a). Condition 50(a) requires the following: 50(a) That the applicant install at their cost a paved area constructed behind the existing

kerb line and to be signposted as a drop off/pick up zone in the road reserve to allow two vehicles to use the space, in accordance with Council’s Engineering

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Guidelines for subdivisions and development.

Prior to any works occurring the applicant shall have lodged with and approved by council a Section 138 permit application. Such an application shall be lodged in accordance with application submission requirements and accompanied by relevant application fee.

The applicant is of the opinion that this condition is “unnecessary, unreasonable and unsafe in the view of the fact that sufficient off street parking has been provided on the site in accordance with Council’s DCP and RMS’s traffic management parking guidelines”. The applicant provided the following reason for the request to delete this condition. “The on-site car park is designed and set out for safe secure drop-off and pickup of children attending the childcare centre - parents do not drop off or pick up children at the curb side in the street at a childcare centre. Children are delivered to and collected from the premises through secure childproof gates, coded entry doors and signed in and out under direct supervision of the parents and staff. The RTA (RMS) guide to traffic Generating Development states that parking demand is highest for the pre-school and lower for the before/after school care averaging over all centres 0.23 car per child at any one time, with the average length of stay for all centres being 6.8 minutes.” Condition 50(a) was not a recommended condition under the original section 79C assessment report. The condition was imposed by the Policy and Strategy Committee at its meeting of 10/08/15. Council’s DCP has no control which requires pick-up and drop-off facilities at Childcare Centres, nor has it been imposed at any of the most recent development applications for Child care centres in Wagga Wagga. All of these Childcare centres are currently operated without demarcated drop-off and pick-up facilities. Council has not received any complaints about the parking facilities at these childcare centres and it would be safe to assume that any inconvenience during drop-off and pick-up times would be temporary. The approved application complies with the parking requirements under section 2.2 of the DCP as well as the RTA’s Guide to Traffic Generating Developments. In accordance with the RTA’s Guide to Traffic Generating Developments surveys of pre-school, long day-care and before / after school care centres found that the best indicator of peak traffic generation (and demand for parking inclusive of staff parking) is the number of children that attend each centre. With a capacity of 44 children and a maximum of 6 staff members (the number of staff members in attendance will depend on the amount of children present), this results in a requirement of 10 spaces for the facility which would be able to accommodate during peak demand at drop-off and pick-up times. The facility makes provisions for 11 car parking spaces in accordance with the above-mentioned parking requirements. In summary, the application complies with all the relevant provisions of the Wagga Wagga DCP including the on-site parking and it is considered unreasonable for the applicant/developer to provide a drop-off and pick-up facility in the road reserve (behind the kerb line) over and above the parking requirements of the Wagga Wagga DCP. The purpose of the drop-off and pick-up area (behind the kerb line) is also considered excessive due to the way childcare centres operate. Parking facilities at childcare centres

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function as a “drop-off and pick-up area” and the with the exception of staff parking, the majority of parking spaces will be used temporarily when parents or guardians sign-in or sign-out children. The proposal to remove the requirement to provide a drop-off and pick-up area in the road reserve has been referred to Council’s Engineering Section who indicated very little support for the drop-off and pick-up facility behind the kerb line due to potential conflict with other road users including pedestrians In consideration of the above, the proposed removal of the requirement to provide a drop-off and pick-up facility behind the kerb line is supported. For the purpose of determining the application to modify consent, the following matters pursuant to the provisions of Section 96(1)(a) of the Environmental Planning and Assessment Act 1979, have been taken into consideration. Section 96(1A) Modifications involving minimal environmental impact (a) it is satisfied that the proposed modification is of minimal environmental

impact. An assessment of the development application has demonstrated that the proposed changes will have no significant environmental impact. (b) it is satisfied that the development to which the consent as modified relates is

substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all).

An approval of the modification will result in substantially the same development as previously approved; the intensity of the use will not increase as a result of the modification. (c) it has notified the application in accordance with: i. the regulations, if the regulations so require, or

ii. a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent.

Applications under Section 96(1A) of the Environmental Planning and Assessment Act 1979 are not required to be notified under the provisions of the Wagga Wagga Development Control Plan 2010. Given the original amount of submissions received against the original development application, the proposed modification was re-notified to surrounding neighbours are well as previous submitters. (d) it has considered any submissions made concerning the proposed

modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

One submission was received against the proposed modification. The following is a

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summary of the submission with Council officers’ comments.

Submission Officer comments

There is a concern with the applicant’s

proposal to undertake an 8 week

monitoring to determine if a noise

management plan is required. The

concern is that the noise monitoring would

not include all aspects of the development

including noise monitoring during drop-off

and pick-up time. Monitoring should be

conducted for the duration of the use, not

just for the first 8 weeks.

The applicant is of the opinion that the

facility (like any of the other recently

approved Childcare centres in Wagga

Wagga) will be able to operate with very

little disturbance to adjoining residents

without the need for a Noise Management

Plan. The requirement to maintain an

appropriate background noise level will still

remain in the conditions of consent. Noise

monitoring during the first 8 weeks of

operation will be conducted at appropriate

intervals including drop-off and pick- up

times.

The requirement for the drop-off and pick-

up facility should remain as it would

provide more space for people to turn

around in Burrundulla Road. The facility

would allow for short stay drop-off and

pick-up which does not require parking. It’s

recommended that a sign restricting the

short term parking in the facility to 5

minutes

The current conditions of consent require a

drop-off and pick-up facility over and

above the parking provisions of the Wagga

Wagga DCP. The applicant has sufficiently

outlined the reasons why this drop-off and

pick-up facility would have very little

purpose and why the condition is

considered excessive and unreasonable.

MATTERS FOR CONSIDERATION PURSUANT TO SECTION 79C(1) For the purpose of determining this development application, the following matters that are of relevance to the development have been taken into consideration pursuant to the provisions of Section 79C(1) of the Environmental Planning and Assessment Act, 1979. (a)(i) - The provisions of any environmental planning instrument (EPI)

The nature of the modification is such that the compliance of the development with the Wagga Wagga Local Environmental Plan 2010 will remain unchanged and the previous assessment remains remains valid.

(a)(ii) - The provisions of any draft environmental planning instrument There are no draft environmental planning instruments relevant to the development.

(a)(iii) - Any development control plan

The nature of the modification is such that the compliance of the development with the Wagga Wagga Development Control Plan 2010 plans will remain unchanged and the previous assessment (attached hereto as annexure A) remains valid.

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(a)(iiia) - any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and There are no planning agreements in place for this proposal. (a)(iv) - any matters prescribed by the regulations

Matters prescribed by the Environmental Planning and Assessment Regulation 2000 have

been satisfied.

(c) - The suitability of the site for the development

An assessment of the original application demonstrated that the development will be conducive with the existing environment and will be able to exist without decreasing the amenity of the adjacent uses. The proposed modification will not alter the previous assessment (attached hereto as annexure A).

(d) - any submissions made in accordance with this Act or the Regulations

Only standard internal Council referrals were made in relation to this development. (e) - the public interest

The public interest was assessed under the original application. The proposed modification will not alter the previous assessment (attached hereto as annexure A)

Council Policies No additional Council policies apply to this development. Comments by Council's Officers Council's other relevant officers have reviewed the application in accordance with Council's processing procedures and are in support of the application, subject to conditions.

Other Approvals No other approvals have been sought. Conclusion The development is considered to be satisfactory based on the foregoing assessment as it complies with the requirements of the Environmental Planning and Assessment Act 1979 and will not compromise the outcomes sought for the Wagga Wagga Local Environmental Plan 2010 or Wagga Wagga Development Control Plan 2010. The application for a modification is subsequently recommended for approval.

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RECOMMENDATION It is recommended that the Wagga Wagga City Council approve the modification made under Section 96(1)/Section 96(1A)/Section 96(2) of the Environmental Planning and Assessment Act 1979, to amend DA15/0273.01 for Child care Centre: Amend Conditions 8, 41 and 50(a) of the consent, 10 Burrundulla Rd BOURKELANDS NSW 2650, Lot 21 DP 1193051, Lot 22 DP 1193051, subject to conditions of consent as follows:- CONDITIONS Approved Plans and Documentation 1. The development must be carried out in accordance with the approved plans

and specifications as follows:

Plan/DocNo. Plan/Doc Title Prepared by Date

Statement of

Environmental Effects

IRIS Planning 20/05/15

5402-1 Site Layout and

Concept Landscape

Plan

Darryl Forbes-

Taber

1/05/15

5402-2 Floor Plan Darryl Forbes-

Taber

1/05/15

5403-3 Elevations Darryl Forbes-

Taber

1/05/15

The Development Application has been determined by the granting of

consent subject to and as amended by the conditions of development

consent specified below.

NOTE: Any modifications to the proposal shall be the subject of an

application under Section 96 of the Environmental Planning and

Assessment Act, 1979.

REASON: It is in the public interest that work is carried out in accordance with the

approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment

Act 1979, as amended.

Prior to release of Construction Certificate

2. Provision must be made in the building and on the site for:

a) access to the building for people with disabilities in accordance with

the Building Code of Australia;

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b) toilet facilities for people with disabilities in accordance with the

Building Code of Australia, and such toilet facilities must be

accessible to all persons working in, or using, the building; and

c) motor vehicle parking spaces on the site for the exclusive use of

people with disabilities in accordance with Table D3 of the Building

Code of Australia.

NOTE: These matters must be addressed in the plans and specifications

submitted with the application for a Construction Certificate.

REASON: To provide for the use of the development by people with disabilities.

Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as

amended.

3. Prior to the issue of a Construction Certificate details of all structural concrete

and structural steelwork shall be submitted to the Principal Certifying Authority

for approval, all such details shall be certified by a practising Structural

Engineer.

REASON: It is in the public interest that all building elements are able to withstand

the combination of loads and other actions to which it may be subjected. Section

79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as

amended.

4. Prior to the release of Construction Certificate a geo-technical report must be

submitted to the Principal Certifying Authority that demonstrates that the

foundation upon which a footing/slab is to be located is classified in

accordance with Part 3.2.4 "Site Classification", of the Building Code of

Australia and AS 2870 Residential Slabs and Footings.

This report must be carried out by an experienced geo-technical engineering

consultant, with associated testing being conducted by a NATA registered

laboratory. The report shall identify the type of "site classification" that exists

on the subject site. Any footing/slab design is to be designed having regards

to the identified site classification.

REASON: It is in the public interest that all building elements are designed to be able

to withstand the combination of loads and other actions to which they may be

subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment


5. Prior to the issue of Construction Certificate the developer must lodge a bond

with Council of:-

$1,000 for security deposit on the kerb and gutter and footpath

NOTE 1: Applicants will be required to reference the INDIVIDUAL kerb and

gutter bond number (BKG 0363) when lodging bond monies. Please reference

the BKG number on the application form which is available from customer

service and on council‘s website under the planning tab > document quick

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links > applications / or alternatively reference BKG number when making

electronic payment.

NOTE 2: All monetary conditions are reviewed annually, and may change on 1

July each year.

NOTE 3: Works in the form of driveways, kerb and gutter and footpath may

require you to obtain a Section 138 Roads Act 1993 approval.

Please contact Councils Road Reserve Officer on 1300 292 442

prior to undertaking such works.

NOTE 4: Council will accept a once off security deposit for the kerb and

gutter and footpath for applicants who lodge multiple DA‘s with

council. If the applicant has security deposits held by Council for

kerb and gutter and footpath at the time of Construction Certificate

application, then Council may waive the need for an additional

bond to be paid.

NOTE 5: The bond held on the kerb and gutter and footpath is fully

refundable upon completion of all works and upon inspection by

Council to ensure that any damage to Council infrastructure has

been repaired. The bond will not be refunded in the event that

damage done to Council‘s infrastructure is not repaired to the

satisfaction of Council. All damage is to be repaired at the full cost

of the applicant

REASON: It is in the public interest that such fees are paid in accordance with

Council’s Management Plan. Section 79C(1)(e) of the Environmental Planning and

Assessment Act 1979, as amended.

6. Prior to the release of Construction Certificate a compliance certificate under

s306 of the Water Management Act 2000 must be obtained in respect of the

development relating to water management works that may be required in

connection with the development.

NOTE1: ‘Water management work’ is defined in s283 of the Water

Management Act to mean a ‘water supply work‘, ‘drainage work‘,

‘sewage work’ or ‘flood work’. These terms are defined in that Act.

NOTE 2: Riverina Water is responsible for issuing compliance certificates

and imposing requirements relating to water supply works for

development in the Council‘s area - please contact Riverina Water

to ascertain compliance certificate water supply related

requirements. A copy of such a compliance certificate is required

prior to release of Construction Certificate.

NOTE 3: The Council is responsible for issuing compliance certificates and

imposing requirements relating to sewerage, drainage and flood

works for development in its area.

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NOTE 4: Under s306 of the Water Management Act 2000, Riverina Water or

the Council, as the case requires, may, as a precondition to the

issuing of a compliance certificate, impose a requirement that a

payment is made or works are carried out, or both, towards the

provision of water supply, sewerage, drainage or flood works.

NOTE 5: The Section 64 Sewer base figure is $12,736.80

The Section 64 Sewer contribution (updated by the CPI) required

to be paid is $13,535.23

NOTE 6: The Section 64 Stormwater base figure is $0

NOTE 7: Section 64 contributions shall be indexed in accordance with CPI.

NOTE 8: The figures outlined in this consent are based on the current rate

of CPI. Please be advised that CPI changes on a regular basis and

you are advised to contact Council prior to payments being made,

to ensure no further CPI increases/decreases have occurred since

the date of this consent.

REASON: It is in the public interest that Council maintain the ability to provide

adequate water and sewer reticulation services. Section 79C(1)(c) and (e) of the

Environmental Planning and Assessment Act 1979, as amended).

7. Prior to the issue of the Construction Certificate a revised site plan shall be

submitted to Council for approval that indicates;

i) The stormwater connecting to the existing pit in Burrundulla

Road

ii) The existing sewer spur to be upgraded to a 150mm dia spur

iii) Sewer connecting to the new 150mm dia spur

iii) The finished paving levels demonstrating that the stormwater

overland flow path is directed towards the street

iv) A stormwater plan indicating pipe and pit levels, inverts and sizes.

This plan shall also show existing and proposed surface

contours within the site and along its boundaries with

immediately adjacent properties, and shall define overland flow

paths for storms which exceed a 1 in 10 year event.

REASON: It is in the public interest that plumbing and drainage work is carried out

in accordance with AS/NZS 3500 and the relevant provisions of the New South

Wales Code of Plumbing Practice, Plumbing and Drainage. Section 79C(1)(e) of

the Environmental Planning and Assessment Act 1979, as amended.

8. Amended and moved to condition 56.

9. No part of the development, including cut, fill, or footings is to encroach the

easement. Prior to the release of the Construction Certificate the applicant is

required to submit plans that show that the footings address the angle of

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influence taking into account the depth of existing sewer to stormwater mains

in the easement.

REASON: To ensure the integrity of infrastructure within the easement is retained.

Section 79c (1) (c) and (e) of the Environmental Planning and Assessment Act

1979, as amended.

10. Prior to issue of the Construction Certificate detailed plans and elevations of

the kitchen area shall be submitted in accordance with the requirements of

the Food Act 2003 and the Food Regulation 2010 and the Food Safety

Standards Code. Plans shall include but not be limited to the floor, wall,

ceiling covering, coving, exhaust canopy, personal and chemical storage

areas.

REASON: To aid in the storage, preparation and display of food that is safe to be

consumed by the public. Section 79c(1) (e) of the Environmental Planning and


11. Amended and moved to condition 35(b).

Prior to Commencement of Works

12. Prior to works commencing on site, toilet facilities must be provided, at or in

the vicinity of the work site on which work involved in the erection or

demolition of a building is being carried out, at the rate of one toilet for every

20 persons or part of 20 persons employed at the site. Each toilet provided

must be:

a) a standard flushing toilet connected to a public sewer, or

b) if that is not practicable, an accredited sewage management facility

approved by Council, or

c) if that is not practicable, any other sewage management facility

approved by Council.

NOTE 1: The provision of toilet facilities in accordance with this condition

must be completed before any other work is commenced and the

toilet facility must not be removed without the prior written

approval of Council.

NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of

the subject building site.

NOTE 3: The toilet facilities are to comply with all WORK COVER NSW

requirements.

REASON: To provide adequate sanitary facilities during the construction phase.

Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as

amended.

13. A CONSTRUCTION CERTIFICATE pursuant to Section 109C of the

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Environmental Planning and Assessment Act 1979, as amended from either

Council or an accredited certifying authority certifying that the proposed

works are in accordance with the Building Code of Australia PRIOR to any

works commencing.

NOTE 1: No building, engineering, excavation work or food premises fitout

must be carried out in relation to this development until the

necessary Construction Certificate has been obtained.

NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED

THE CONSTRUCTION CERTIFICATE, even if you made an

application for a Construction Certificate at the same time as you

lodged this Development Application.

NOTE 3: It is the responsibility of the applicant to ensure that the

development complies with the provision of the Building Code of

Australia in the case of building work and the applicable Council

Engineering Standards in the case of subdivision works. This may

entail alterations to the proposal so that it complies with these

standards.

REASON: To ensure the design of the proposed work may be assessed in detail

before construction commences and because it is in the public interest that the

development complies with the appropriate construction standards. Section

79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

14. Prior to works commencing a container must be erected on site for the

enclosure of all building rubbish and debris, including that which can be wind

blown. The enclosure shall be approved by Council and be retained on site at

all times prior to the disposal of rubbish at a licenced Waste Management

Centre.

Materials and sheds or machinery to be used in association with the

construction of the building must not be stored or stacked on Council’s

footpath, nature strip, reserve or roadway.

NOTE 1: No building rubbish or debris must be placed, or be permitted to be

placed on any adjoining public reserve, footway, road or private

land.

NOTE 2: Weighbridge certificates, receipts or dockets that clearly identify

where waste has been deposited must be retained. Documentation

must include quantities and nature of the waste. This

documentation must be provided to Council prior to application

for an Occupation Certificate for the development.

NOTE 3: The suitable container for the storage of rubbish must be retained

on site until an Occupation Certificate is issued for the

development.

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REASON: To ensure that the building site and adjoining public places are

maintained in a clean and tidy condition so as not to interfere with the amenity of

the area. Section 79C (1)(b) and (e) of the Environmental Planning and Assessment


15. Prior to the commencement of works erosion and sediment control measures

are to be established and maintained to prevent silt and sediment escaping

the site or producing erosion. This work must be carried out and maintained

in accordance with Council’s:-

a) Development Control Plan 2010 (Section 2.6 and Appendix 2)

b) Erosion and Sediment Control Guidelines for Building Sites; and

c) Soils and Construction Volume 1, Managing Urban Stormwater

Prior to commencement of works, a plan illustrating these measures shall be

submitted to, and approved by, Council.

NOTE: All erosion and sediment control measures must be in place prior to

earthworks commencing.

REASON: To ensure the impact of the work on the environment in terms of soil

erosion and sedimentation is minimised. Section 79C (1)(b) of the Environmental

Planning and Assessment Act 1979, as amended.

16. Prior to the commencement of works, an application is required to be lodged

for both an Activity Approval under Section 68, Part B - 4, 5 and 6, of the

Local Government Act 1993 for any public infrastructure sewer / stormwater

works and a Construction Certificate for all other subdivision works. These

two applications should be lodged concurrently.

NOTE 1: Works carried out under a separately approved Section 68 prior to

a Development Consent and/or Construction Certificate being

issued are subject to change and are at the applicant's risk.

NOTE 2: The Section 68 Activity Approval (PUBLIC) may be subject to a

works bond payable prior to the release of the Section 68 Activity

Approval. The works bond payable will be determined based on

the category of works being undertaken. Refer to Council’s

Section 68 Activity Approval Guide for definition of works

categories.

REASON: To ensure that the activity is carried out with the relevant approvals

required under the Local Government Act 1993.

17. The licensed plumber must submit to Council, at least two (2) days prior to the

commencement of any plumbing and drainage works on site a “Notice of

Works”.

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NOTE: A copy of the Notice of Works form can be found on Council’s

website.

REASON: To ensure compliance with the relevant provisions of the Plumbing and

Drainage Act 2011 and Regulations.

18. A Section 68 Approval and Plumbing Permit must be obtained by a Licensed

Plumber and Drainer prior to any sewer or stormwater work being carried out

on the site. Plans must be supplied for assessment and approval as part of

the s68 application and must indicate that pipe and pit sizing meets the

requirements of AS3500 and the Plumbing Code of Australia.

Further, a final inspection must be carried out upon completion of plumbing

and drainage work prior to occupation of the development.

REASON: It is in the public interest that plumbing work is carried out with the

relevant approvals required under the Local Government Act 1993 and the

Plumbing Code of Australia. Section 79C(1)(e) of the Environmental Planning and


19. Prior to works commencing, a sign must be erected in a prominent position

on any work site on which work involved in the erection or demolition of a

building is being carried out:

a) stating that unauthorised entry to the site is prohibited, and

b) showing the name of the person in charge of the work site and a

telephone number at which that person may be contacted outside

work hours

c) the development consent or complying development consent

number, the name and contact details of the Principal Certifying

Authority.

Any sign must be removed when the work has been completed.

NOTE: This condition does not apply to:

a) building work carried out inside an existing building, or

b) building work carried out on premises that must be occupied

continuously (both during and outside work hours) while the

work is being carried out.

REASON: To ensure the development complies with the requirements imposed

under Clause 98 of the Environmental Planning and Assessment Regulations 2000,

as amended, and Section 80A(11) of the Environmental Planning and Assessment


20. At least two (2) days prior to the commencement of any works, the attached

‘Notice of Commencement of Building or Subdivision Works and

Appointment of Principal Certifying Authority’, must be submitted to Council.

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REASON: Because it is in the public interest that Council receive notification in

accordance with the provision of the Environmental Planning and Assessment Act

1979, as amended. Section 79C(1)(e) of the Environmental Planning and


During works

21. Vehicular access within the road reserve must be constructed to Council

standards, at full cost to the developer, by a licensed Council approved

contractor.

REASON: To ensure that the proposed access is constructed by an approved

Council Contractor. Section 79C(1)(c) of the Environmental Planning and


22. If the Council is appointed as the Principal Certifying Authority the following

inspections must be undertaken by Council and a satisfactory Inspection

Report must be issued by Council for such works prior to any further works

being undertaken in respect of the subject development. Inspection Stages

for construction are listed in Column 1 and must be inspected by Council at

the times specified in Column 2.

COLUMN 1 COLUMN 2

Footings When the footings have been excavated and

all steel reinforcement has been placed in

position.

Slab When reinforcement steel has been placed

in position in any concrete slab, whether or

not the slab is suspended, on the ground, or

on fill.

Wall frame When the frame has been erected and prior

to sheeting and or brick veneer outer wall

has been constructed and tied to the frame.

Roof frame When external roof covering has been

installed and prior to the installation of the

ceiling lining and eaves soffit lining.

Wet areas When waterproofing has been applied to all

wet areas, prior to tiling or finishing of

surface.

Final Required prior to occupation of the building

NOTE 1: A Final Occupation Certificate in relation to the building cannot be

issued by Council until all Inspection Reports required by this

condition have been issued by Council. Prior to or at the time of

the application for Occupation Certificate the application for

“Occupation Certificate” form attached to the Council issued

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Construction Certificate must be completed and submitted to

Council with all required attachments - failure to submit the

completed Occupation Certificate application form will result in

an inability for Council to book and subsequently undertake

occupation certificate inspection.

NOTE 2: The above Inspection Reports are required whether or not the work

has been inspected by a Structural Engineer, a lending authority

or any other person. If the Inspection Reports are not issued

Council may refuse to issue a Building Certificate under Section

149A of the Environmental Planning and Assessment Act 1979,

as amended.

NOTE 3: Submission of the bracing plan and the Truss and Frame

Certificate is required seven (7) working days before the frame

inspection.

REASON: It is in the public interest that Compliance Certificates be issued for these

components of the development, and Section 79C(1)(e) of the Environmental


23. If soil conditions require it:

a) retaining walls associated with the erection/demolition of a building

or other approved methods of preventing movement of soil must

be provided, and

b) adequate provision must be made for drainage.

NOTE 1: A Retaining wall in excess of 600mm in height or within 1m of the

lot boundary or an easement is not exempt development under

the provisions of the State Environmental Planning Policy

(Exempt and Complying Development Codes) 2008 and requires

an approval.

NOTE 2: Retaining walls which exceed 600mm in height must be designed

by a Practising Structural Engineer or installed in accordance

with any manufacturer’s specification.

REASON: It is in the public interest that all building elements are able to withstand

the combination of loads and other actions to which it may be subjected. Section

79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as

amended.

24. The Builder must at all times maintain, on the job, a legible copy of the plan

and specification approved with the Construction Certificate.

REASON: It is in the public interest that a copy of the Construction Certificate plans

are available, and Section 79C(1)(e) of the Environmental Planning and


25. The concrete slab floor shall be treated against termites in accordance with AS

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3660-1 2000 Termite Management:

a) NON CHEMICAL - where a non-chemical treatment (physical

barriers) is to be used the applicant shall submit details to Council

prior to any work commencing.

b) CHEMICAL RETICULATION - where a chemical method of treatment

is to be used by way of reticulation, details shall be provided to

Council for approval prior to installation accompanied by a signed

maintenance contract with a Pest Control Operator.

Applicants and owners are to ensure that an annual inspection is

undertaken to determine need for treatment.

c) CHEMICAL TREATMENT - where a chemical method of treatment is

to be used by way of hand spray treatment before laying the slab,

details shall be provided to the Council for approval prior to

installation.

Warning - Applicants and owners are warned that the expected life of the under

floor barrier (Chemical Treatment) is only ten (10) years and the external barrier

(Chemical Treatment) is only five (5) years. The actual protection will depend

on factors such as termite hazards, climate and soil conditions.

Council recommends in all cases of chemical treatment including reticulation

that regular annual inspection be carried out by a licensed Pest Control

Operator to determine the need for re-treatment.

d) Upon installation of the method of treatment, a Certificate shall be

issued to Council by the licensed installer of the system certifying

that the system installed is in accordance with AS 3660-1 and in

accordance with any specific requirements of the Council.

e) A durable notice must be permanently fixed to the building in the

electricity meter box indicating:

i) The method of protection

ii) The date of installation of the system

iii) Where a chemical barrier is used, its life expectancy as listed

on the National Registration Authority label.

iv) The need to maintain and inspect the system on a regular

basis.

REASON: It is in the public interest that where appropriate termite management

treatments are used in compliance with AS 3660.1.2000 Termite Management New

Building Work. Section 79C(1)(b) and (e) of the Environmental Planning and


26. The permitted construction hours are Monday to Friday 7.00am to 6.00pm and

Saturday 7.00am to 5.00pm, excepting public holidays. All reasonable steps

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must be taken to minimise dust generation during the demolition and/or

construction process. Demolition and construction noise is to be managed in

accordance with the Office of Environment and Heritage Guidelines.

REASON: To ensure building works do not have adverse effects on the amenity of

the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act

1979, as amended.

27. All earthworks, filling, building, driveways or other works, must be designed

and constructed (including stormwater drainage if necessary) so that at no

time, will any ponding of stormwater occur on adjoining land as a result of

this development.

REASON: To prevent the proposed development having a detrimental effect on the

developments existing on the adjoining lands. Section 79C(1)(b) and (e) of the

Environmental Planning and Assessment Act 1979, as amended.

28. Stormwater drainage must be constructed and maintained so as to provide a 1

in 10 year pipe system, satisfactory overland flow path and not adversely

affect adjacent properties.


developments existing on the adjoining lands. Section 79C(1)(b) and (e) of the


29. The existing sewer spur servicing the lot shall be upgraded to a 150mm

diameter spur to service the development. These works must be carried

under a Section 68 (PUBLIC) Activity Approval.

REASON: To ensure that the sewer servicing requirements of the development are

carried out in accordance with Council, requirements. Section 79C(1)(e) of the


30. The developer is to maintain all adjoining public roads to the site in a clean

and tidy state, free of excavated “spoil” material.

REASON: To ensure building works do not have adverse effects on the amenity of

the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act

1979, as amended.

31. Any upgrades or alterations to existing Council infrastructure required as a

result of the development shall be at the full cost of the applicant.

REASON: In order to cover the cost of any works to Public Infrastructure as a result

of the development. Section 79C(1)(e) of the Environmental Planning and


32. The construction and finished area used for the manufacture, preparation,

storage, packing, carriage or delivery of food for sale shall be constructed

and maintained in accordance with the Food Act 2003 and Regulations 2010

and the Food Safety Standards Code.

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consumed by the public. Section 79C (1)(e) of the Environmental Planning and


33. A Compliance Certificate for the plumbing and drainage work identified in

Column 1 at the times specified in Column 2 must be obtained from Council.

COLUMN 1 COLUMN 2

Internal Sewer Drainage When all internal plumbing work is

installed and prior to concealment.

External Sewer Drainage When all external plumbing work is

installed and prior to concealment.

Stormwater Drainage When all external stormwater drainage

work is installed and prior to concealment.

Final Prior to occupation of the building.

REASON: It is in the public interest that plumbing work is certifying as complying

with AS/NZS 3500.2003 and Plumbing Code of Australia.

34. All building work must be carried out in accordance with the requirements of

the Building Code of Australia (as in force on the date the application for the

relevant Construction Certificate or Complying Development Certificate was

made).


under Clause 98 of the Environmental Planning and Assessment Regulations 2000,

as amended, and Section 80A(11) of the Environmental Planning and Assessment


Prior to release of Occupation Certificate / Prior to Operation

35 . The applicant must obtain an Occupation Certificate, pursuant to Section 109C

of the Environmental Planning and Assessment Act 1979, from either Council

or an accredited certifying authority, prior to occupation of the building.

NOTE: The issuing of an Occupation Certificate does not necessarily

indicate that all conditions of development consent have been

complied with. The applicant is responsible for ensuring that all

conditions of development consent are complied with.

REASON: It is in the public interest that an Occupation Certificate be issued prior to

occupation of the building. Section 79C (1)(e) of the Environmental Planning and


35 (a) Amended and moved to condition 56. 35 (b)A detailed or revised landscape plan and legend shall be submitted and

approved prior to the release of the Occupation Certificate (or any interim

Occupation Certificate).

(1) Landscape plan shall be in accordance with Council’s Landscape

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Guidelines and Landscape Application Checklist.

(2) A Plant Schedule indicating all plant species, pot sizes, spacings and

numbers to be planted within the development shall be submitted with

the Landscape Plan. Plant species are to be identified by full botanical

name. All plants proposed in the landscape plan are to be detailed in

the plant schedule.

(3) Use plant species in landscaping that are not harmful to children or

the environment. Avoid the use of noxious and environmental weeds

(as listed on Council’s website). A minimum of 3 trees shall be planted

in the vicinity of the car parking area.

(4) Landscaping must be provided to improve screening to adjoining

residential properties.

(5) Locate any play structures at least 3m from any property boundary

located adjoining a residential property.

(6) The landscape plan must illustrate: (a) the separation of play areas for

different age groups including the location of low fencing, planting

and other structures which divide the areas but allow for interaction

between the ages; (b) the separation of outdoor play space into active

and quiet zones; (c) the type and placement of any fixed play

equipment; and (d) the location and type of shade structures

REASON: To ensure that landscaping will be provided on the subject land. Section

79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

36. Prior to the issue of Occupation Certificate, the paving of all vehicular

movement areas must be either a minimum of 150mm thick flexible pavement

and sealed or 150mm thick reinforced concrete.

REASON: To provide all weather vehicular movement and to minimise nuisances to

adjoining development from noise and dust. Section 79C(1)(b) and (c) of the


37. Landscaping as per the approved landscaping plan (refer to condition 35(b))

must be completed prior to the issue of the Occupation Certificate.

REASON: It is in the public interest that landscaping be completed prior to

occupation of the building. Section 79C (1)(e) of the Environmental Planning and


38. Lots 21 and Lot 22 DP 1193051 are to be consolidated into one lot prior to the

issue of an Occupation Certificate.

NOTE: Evidence of consolidation must be provided to Council

REASON: The size and shape of the subject land, and the siting of the proposed

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buildings and works thereon, are such to require the land be consolidated. Section

79C(1)(b) and (c) of the Environmental Planning and Assessment Act 1979, as

amended.

39. Prior to the issue of Occupation Certificate, the building must comply with the

Fire Safety Schedule, attached.

NOTE: The Fire Safety Schedule supersedes any earlier Fire Safety

Schedule and will cease to have effect when any subsequent Fire

Safety Schedule is issued.

REASON: It is in the public interest that the building provides an adequate level of

fire protection. Section 79C (1)(e) of the Environmental Planning and Assessment


40. Prior to the issue of the Occupation Certificate and two (2) days prior to the

premises opening, Council's Environmental and Community Services

Directorate must be contacted for a Health Inspection and registration of the

premises in accordance with the Food Act 2003 and the Food Regulations

2010, Food Safety Standards Code.


consumed by the public. Section 79C (1)(e) of the Environmental Planning and


41. Prior to the release of the Occupation Certificate the current Food Authority

(Council) must be notified of the Food Business Premise

REASON: To aid in the storage, preparation and display of food that is safety to be

consumed by the public. Section 79C(1)(e) of the Environmental Planning and


42. A final inspection must be carried out upon completion of plumbing and

drainage work and prior to occupation of the development, prior to the

issuing of a final plumbing certificate Council must be in possession of

Notice of Works, Certificate of Compliance and Works as Executed Diagrams

for the works. The works as Executed Diagram must be submitted in

electronic format in either AutoCAD or PDF file in accordance with Council

requirements.

All plumbing and drainage work must be carried out by a licensed plumber

and drainer and to the requirements of the Plumbing and Drainage Act 2011.

NOTE: Additional fees for inspections at the Plumbing Interim

Occupancy / Plumbing Occupation stage may apply. This will

depend on the number of inspections completed at this stage of

the work/s.

REASON: To ensure compliance with the relevant provisions of the Plumbing and

Drainage Act 2011 and Regulations.

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43. Prior to the issue of an Occupation Certificate a Water Plumbing Certificate

from Riverina Water County Council shall be submitted to Council.

NOTE 1: The applicant is to obtain a Plumbing Permit from Riverina Water

County Council before any water supply/plumbing works

commence and a Compliance Certificate upon completion of the

works. Contact Riverina Water County Council’s Plumbing

Inspector on 6922 0618. Please be prepared to quote your

Construction Certificate number.

REASON: To ensure that the water servicing requirements of the development

have been approved by the relevant authority. Section 79C (1)(e) of the


General

44. The approved use must only be conducted on Mondays to Fridays, inclusive

between the hours of 7.00 am and 6.00 pm.

REASON: To ensure development does not reduce the amenity of the area. Section

79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

45. All exterior lighting associated with the development must be designed and

installed so that no obtrusive light will be cast onto any adjoining property.

NOTE: Compliance with Australian Standard AS4282.1997 “Control of the

Obtrusive Effects of Outdoor Lighting” will satisfy this condition.


developments existing on adjoining land. Section 79C(1)(b) and (e) of the


46. No signage is approved as part of the application, no signs or advertising

material (other than those classed as exempt development) shall be erected

on or in conjunction with the proposed occupation of the site without a

subsequent application being approved by Council.

REASON: Advertising structures and signs may require a development application

to assess the impact on the amenity and safety of the area. Section 79C(1)(a) of

the Environmental Planning and Assessment Act 1979, as amended.

47. The boundary fence that screens the play area and faces Glandore Street, shall

be open style design.

REASON: To ensure the development has a positive impact on streetscape.

Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979,

as amended.

48. Approval is granted for a maximum of 44 children and six (6) staff members in

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attendance.

REASON: It is in the public interest that the development is in accordance with the

approved plans and documents. Section 79C(1)(b) and (e) of the Environmental


49. (1) For the purposes of Section 80A (11) of the Environmental Planning and

Assessment Act 1979, it is a prescribed condition of the development

consent that 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.

(2) The condition referred to in subclause one (1) 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.


under Clause 98E of the Environmental Planning and Assessment Regulations

2000, as amended, and Section 80A (11) of the Environmental Planning and


50. A minimum of 11 car parking spaces must be made available on site at all

times in accordance with Australian Standards AS2890.1 2004, AS2890.2.2002

and AS/NZS2890.6.2009.

REASON: To adequately provide for the parking of vehicles within the development.


amended.

50(a) Deleted.

51. The car park and all associated facilities must be laid out in accordance with

Australian Standards AS2890.1.2004 AS2890.2 2002 and AS/NZS2890.6.2009.

REASON: To adequately provide for the parking of vehicles within the development.


amended.

52. Illumination of the car park must be in accordance with AS 1158.3.1.2005, as

amended, lighting for roads and public spaces.

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REASON: To provide opportunities for natural surveillance and reduce the

likelihood of crime on the subject land. Section 79C(1)(b) of the Environmental

Planning and Assessment Act 1979.

53. A licence for the operation of the facility must be obtained from NSW

Department of Community Services

REASON: The State Government is responsible for licencing child care centres

under the Children and Young Persons (Care and Protection) Act, 1998.

54. The owner must submit to Council an Annual Fire Safety Statement, each 12

months after the final Safety Certificate is issued. The certificate must be on,

or to the effect of, Council’s Fire Safety Statement (copy attached).

REASON: It is in the public interest that the development provides an Annual Fire

Safety Statement. Section 79C (1)(e) of the Environmental Planning and


55. Wagga Wagga City Councils Engineering Guidelines for Subdivisions and

Development shall be referred to for the design of engineering requirements.

Any aspect of the design which is not covered in Councils document should

reference relevant specifications selected from other sources. Any aspect of

the design that is not in accordance or not covered in council's document

shall be listed and submitted with the plans for separate approval.

REASON: So that Council may ensure that the design and construction is in

accordance with Councils requirements and for the information of the emergency

services. Section 79c (I) (e) of the Environmental Planning and Assessment Act

1979, as amended.

56. The dB(A)Leq noise level emitted from the premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz–8kHz inclusive) by more than 5dB during operational hours at the boundary of any affected residence.

The operator of the childcare centre shall monitor noise levels at the midpoint of each boundary for a period of eight weeks after occupation of the building with an approved noise meter. Noise metering shall be conducted at appropriate intervals during operations hours, including but not limited to drop-off and pick-up and activity times.

The results of the noise measurements shall be submitted to Council. In the event that the noise levels exceeds 5dB(A) above background levels at any given reading during the 8 week period or subsequent reading as a result of noise complaints, the applicant shall develop a Noise Management Plan to be submitted and approved by the Director of Planning and Regulatory Services (or delegate). The Noise Management Plan shall be implemented for the lifetime of the development on the subject site. The main aim of the Noise Management Plan shall be to minimise the loss of amenity to nearby

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residents due to noise. The plan shall include:

• noise complaints response procedure to include recording of individual complaints and review and continual improvement of noise management.

• provide a program for noise monitoring to be carried out if complaints are received.


developments existing on adjoining land. Section 79C(1)(b) and (e) of the


0 60 12030Metres

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separate cover attachment · · 2016-02-03this restriction is a private restrictive covenant. ......

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