BRIEFING NOTE To: All Councillors From: Chief Executive Officer, Michael Deegan Date: 1 September 2020 Subject: Sydney Eastern City Planning Panel Report: D/2018/219 – Balmain Leagues Club DA
Councillors,
The development application (DA) for 138-152 and 154-156 Victoria Road; 697 Darling Street; and 1 to 7 Waterloo Street, Rozelle, (‘Balmain Leagues Club Precinct’) proposes to demolish all existing improvements, carry out site remediation and construct a mixed-use development. Comprising 3 basement levels for residential and commercial parking with 3 x 11 to 12 storey buildings connected above a shared retail and commercial podium with 164 residential units above. The commercial area will include a new leagues Club. Development fronting Waterloo Street will comprise 2 to 3 storey buildings for 3 live/work units resulting in 167 residential units on the site.
The development has a capital investment value (CIV) of $135,300,000 including GST. Applications with a CIV of more than $30 million must be referred to the Sydney Eastern City Planning Panel (SECPP) to exercise its consent authority functions under Schedule 7 of State Environmental Planning Policy (State and Regional Development 2011). Council officers carried out an assessment of the application and the report was forwarded to the SECPP for their consideration (refer to Attachment 1 – Report and Attachment 2 – Conditions). SECPP were briefed on the 6 August 2020 and the application is scheduled to be determined at a meeting of the Panel on 10 September 2020.
Council officers have engaged with the Applicant to amend the proposal to address issues raised by Council’s specialist staff, SECPP and by the community. These issues primarily focused on traffic and parking and urban design, including the recommendations of Council’s Architectural Excellence Panel. The application is recommended for Deferred Commencement approval. Please advise if you wish to make a submission to the SECPP in relation to the proposal by 7 September 2020, and if so, the contents of such submission.
MICHAEL DEEGAN CHIEF EXECUTIVE OFFICER ATTACHMENTS 1. SECPP Assessment Report - D/2018/218 2 Recommended conditions of consent
Assessment Report 138-152 & 154-156 VICTORIA ROAD/697 DARLING STREET/1-7 WATERLOO STREET ROZELLE
Panel Reference 2018SCL044
DA Number D/2018/219
LGA Inner West
Proposed Demolish all existing improvements, carry out site remediation and Development construct a mixed-use development comprising three (3) basement levels for residential and commercial parking with three 11 to 12 storey buildings connected above a shared retail and commercial podium with 164 residential units above. The commercial area will include a new leagues Club. Development fronting Waterloo Street will comprise two (2) to three (3) storey buildings for three (3) live/work units resulting in 167 residential units on the site.
Street Address 138-152 and 154-156 Victoria Road; 697 Darling Street; and 1 to 7 Waterloo Street, Rozelle The site is generally referred to as the Balmain Leagues Club Precinct
Applicant Mecone Pty Ltd on behalf of the Heworth Group of companies
Owner Grand Rozelle Pty Ltd (ACN: 619 872 749) Date of DA 1 May 2018 lodgement
Number of 234 Submissions Recommendation Deferred Development Consent Regional General Development over $30 million Development Capital investment value of $135,300,000 including GST Criteria (Schedule 7 of the SEPP (State and Regional Development) 2011 List of all relevant Environmental Planning Instruments s4.15(1)(a) matters o State Environmental Planning Policy No. 65 – Design Quality Residential Apartment Development and Apartment Design Guide o State Environmental Planning Policy No. 55 – Remediation of Land o State Environmental Planning Policy BASIX 2004 o State Environmental Planning Policy (State and Regional Development) 2011 o State Environmental Planning Policy (Infrastructure) 2007 o Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
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o State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 o State Environmental Planning Policy No. 1 – Development Standards o Draft State Environmental Planning Policy (Remediation of Land) o Draft State Environmental Planning Policy (Environment) o Leichhardt Local Environmental Plan 2000 o Draft Inner West Local Environmental Plan 2020 Development Control Plans o Leichhardt Development Control Plan 2000 Other o Leichhardt Developer Contributions Plan No.1 – Open Space and Recreation; ‘Developer Contributions Plan No.2 – Community Facilities and Services (2005); and Leichhardt Developer Contributions Plan – Transport and Access List all documents o Attachment 1 – Draft Conditions submitted with this Attachment 2 – Architectural Plans (as amended) report for the o Panel’s o Attachment 3 – Statement of Environmental Effects (as consideration amended) o Attachment 4 - SEPP 65 Design Verification Statement o Attachment 5 – Urban Design Report Resubmission o Attachment 6 - AEP Report Design Response o Attachment 7 - SEPP 1 Objection (as amended 18 August 2020) o Attachment 8 – Landscape Plans o Attachment 9 – Stormwater Management Plan o Attachment 10 – Plaza Raingarden Plan o Attachment 11 – Survey o Attachment 12 – Statement of Heritage Impact o Attachment 13 – Revised Traffic and Transport Study o Attachment 14 – JMT Traffic Review o Attachment 15 – Revised Evening Access Strategy o Attachment 16 – Ramp Design Requirements o Attachment 17 – Letter from Swaab Lawyers 19 August 2020 o Attachment 18 – Site Isolation Response from Mecone o Attachment 19 - Scott Carver Development Study for Adjoining Site Report prepared by Brian Kirk
Report date 27 August 2020
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Assessment Report 138-152 & 154-156 VICTORIA ROAD/697 DARLING STREET/1-7 WATERLOO STREET ROZELLE
Summary of s4.15 matters Have all recommendations in relation to relevant s4.15 matters been summarised in the Yes Executive Summary of the assessment report?
Legislative clauses requiring consent authority satisfaction Have relevant clauses in all applicable environmental planning instruments where the consent authority must be satisfied about a particular matter been listed, and relevant Yes recommendations summarised, in the Executive Summary of the assessment report?
e.g. Clause 7 of SEPP 55 - Remediation of Land, Clause 4.6(4) of the relevant LEP
Clause 4.6 Exceptions to development standards Yes If a written request for a contravention to a development standard (clause 4.6 of the SEPP 1 LEP) has been received, has it been attached to the assessment report? Objection
Special Infrastructure Contributions N/A Does the DA require Special Infrastructure Contributions conditions (S7.24)?
Conditions Have draft conditions been provided to the applicant for comment? Yes Note: in order to reduce delays in determinations, the Panel prefer that draft conditions, notwithstanding Council’s recommendation, be provided to the applicant to enable any comments to be considered as part of the assessment report
EXECUTIVE SUMMARY
This site is known as the Balmain Leagues Club Precinct and it has a long history of proposals being put forward for redevelopment. A summary of the history of the site is included in this report and a more detailed history is set out in the Statement of Environmental Effects (as revised) submitted with this application. A historical matter of important relevance relates to the existing VPA over the land. In 2008, a Voluntary Planning Agreement (VPA) was registered on title for the site, but never acted upon. This was negotiated to capture public benefits from the add value associated with a modification to the Leichhardt LEP 2000 (Amendment 16) to permit increased height (maximum to RL 82.0 relative to AHD or 12 storeys) and FSR (maximum total of 3.9:1) on the site. The Applicant for the current development application has formally offered to amend this VPA as some aspects of the agreement are not applicable to the current development application. Council will consider the new offer at its meeting on 8 September 2020. D/2018/219, as amended, seeks consent for the demolition of all existing structures except for No. 697 Darling Street, site remediation, and the construction of a 11 and 12 storey commercial mixed-use development fronting Victoria Road and Waterloo Street, Rozelle. Provision is included in the design for retail (incl. a 3100m2 supermarket), commercial premises and licensed Club on the lower levels. Three interconnected buildings above that are between 11 to 12 storeys in height providing for 167 residential units
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The development will include three basement levels to provide all on-site vehicle, motorbike and bicycle parking; as well as waste and loading/unloading facilities. All service vehicle ingress and egress will be from Victoria Road with light vehicle ingress and egress from Waterloo Street. The application does not involve the specific uses and fit out of the commercial, Club, or retail components. Consent is sought for general use of these spaces and approval for the specific uses will be subject to future applications. The Applicant proposes that construction will be staged in accordance with the stages as follows: Stage 1 – Demolition Stage 2 – Excavation Stage 3 – Construction of the structure through to ground level Stage 4 – Completion of Structure Stage 5 – Fitout and finishes Accordingly, the Applicant requests that the recommended conditions are to be satisfied prior to the construction certificate or occupation certificate relevant to each stage. The proposed development is Integrated Development as defined under the EP&A Act. Vehicular access is proposed off Victoria Road (a classified road) and concurrence to grant approval from TfNSW (Roads and Maritime) under section 138 of the Roads Act has been provided, subject to conditions. The principle planning controls applying to this land are site-specific controls set out in the Leichhardt LEP 2000 and Leichhardt DCP 2000. When this DA was lodged with Council in 2018, the Applicant submitted a companion request with Council for a Proponent led amendment to the site-specific controls in the LDCP 2000. Council undertook a series of studies and investigations that led to the amendment of these controls being adopted and LDCP 2000 Amendment No.18 came into operation on 16 July 2019. Since lodgement of this DA in 2018, the design has undergone numerous revisions and refinements in response to the amendments to LDVP 2000 and also in response to matters raised in public submissions, concerns raised by Council and by external agencies. Council has notified the public on four occasions and a total of 234 submissions have been received. A significant number of submissions provided support for the proposal. Matters raised by objectors to the development include: • Traffic and parking impacts • Overshadowing • Non-compliance with Council’s LEP and DCP • Bulk and scale impacts. • Height and number of storeys. • Amenity impacts (acoustic and visual privacy). • Poor design. • Incompatibility with existing character. • Contamination.
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• Economic Impacts • Heritage Impacts • Provision of poor public space • Construction impacts
This application is accompanied by a written objection under State Environmental Planning Policy No. 1 in respect of compliance with the maximum commercial and residential floor space ratio (FSR) controls in clauses 4 (c) and (e) of Part 3 of Schedule 1 of LLEP 2000. The objection is considered well founded on the basis that strict application would hinder the attainment of the objectives of the EP&A Act and the proposed development achieves the underlying objectives of the standards, notwithstanding the non-compliance. The possible site isolation of the adjoining property to the northwest, No. 703 Darling Street (Lot 2 in DP 323480) has been considered in the design with a particular focus on ensuring that the established Planning Principle of site isolation (Karavellas v Sutherland Shire Council [2004] NSWLEC 251) will be satisfied (i.e. when an adjoining site is to be isolated through redevelopment that orderly and economic use and development of the separate sites be achieved if amalgamation is not feasible). The Applicant and the adjoining landowner have come to an agreement that a future easement can overcome the potential site isolation of the neighbouring property, particularly in relation to vehicular access and waste collection.
The amended development proposal is generally considered satisfactory having regard to the provisions and controls of the LLEP 2000 and LDCP 2000, as well as the design principles of SEPP 65 and the criteria of the ADG; however, certain details are required to be finalised to Council’s satisfaction prior to the issue of an operational consent. Accordingly, deferred commencement conditions are recommended requiring further details relating to the remediation of the land, traffic and parking arrangements, and landscaping of the site and the public domain.
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PART A – PARTICULARS
A1. OVERVIEW
Location 138-152 and 154-156 Victoria Road; 697 Darling Street; and 1 to 7 Waterloo Street, ROZELLE NSW 2039. The site is generally referred to as the Balmain Leagues Club Precinct (refer Figure 1 below) Site Area 7330m2 Application Number D/2018/219 Lodgement Date 1 May 2018 Applicant Mecone Pty Ltd on behalf of the Heworth Group of companies Capital Investment Value $135,300,000 including GST Zoning The site is a deferred site under the Leichhardt Local Environmental Plan 2013 (LLEP 2013). The provisions of the Leichhardt Local Environmental Plan 2000 (LLEP 2000) apply. The site is zoned Business and is the subject of site-specific controls under Local Environmental Plan 2000 (Amendment 16). The proposed development is permissible with consent.
A2. KEY COMPONENTS OF THE PROPOSAL
Aspect Mixed use development on the properties generally known as the "Balmain Leagues Club" site. Demolition of all existing structures except for No. 697 Darling Street. Remediation of the site. Construction of a mixed-use development fronting Victoria Road and Waterloo Street comprising: • 3 basement levels providing a total of 334 car parking spaces (incl. 3 car wash bays) • retail (incl. a 3100m2 supermarket), commercial premises and licensed Club on the lower levels • 3 interconnected buildings above that are between 11 to 12 storeys in height providing for 164 residential units: o Building A – RL 81.50 (top of roof plant) - 12 storeys above Victoria Road o Building B – RL 80.80 (top of roof plant) - 11 storeys above Victoria Road Built Form o Building C – RL 74.500 (top of roof plant) - 11 Storeys above Victoria Road • development fronting Waterloo Street will comprise 2 to 3 storey buildings for 3 live/work units so that in total there will 167 new residential units • rooftop landscaping, green walls, and communal open space areas • creation of 3 laneways (Heritage Lane, Little Darling Lane, and Tigers Lane) and a public town square (plaza) • development fronting Darling Street will involve the demolition of No. 699 Darling Street for the creation of one of the 3 proposed laneways (Heritage Lane) and the reinstatement of the façade of No. 697 Darling Street to provide specialty retail premises The application does not involve the specific uses and fit out of the commercial, Club, or retail components. Consent is sought for general use of these spaces and approval for the specific uses will be subject to future applications. Gross Floor Area Total GFA of 28,455m2 (Floor Space Ratio (FSR) of 3.88:1), comprising:
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Aspect Mixed use development on the properties generally known as the "Balmain Leagues Club" site. 2 (GFA) • 5,204 m retail GFA (incl. supermarket) • 3,066m2 Club • 1,561m2 commercial (incl. live/work units) • 18,624 m2 residential GFA. A total of 167 residential units comprising: • 7 x studios • 55 x 1 bedroom dwellings Residential • 10 x 1 bedroom dwellings + study • 53 x 2 bedroom dwellings • 39 x 3 bedroom dwellings • 3 x live/work units. Residential - 10% - 16 residential units Adaptable Uses Division of GFA as per above - Uses will be subject to separate development consent. Service vehicle access to the development is from Victoria Road with light vehicle access Access from Waterloo Street. Access and parking management strategies are proposed to minimise night-time traffic impacts on residential streets to the west. Three basement levels are proposed providing a total of 334 car spaces comprising: • 84 retail car parking spaces (Incl. 6 car share spaces) • 87 Club car parking spaces (Incl. 1 community bus space) • 23 commercial car parking spaces (Incl. live/work units) Car Parking • 134 residential car parking spaces ( • 3 designated car wash bays • 2 taxi / peer to peer ride sharing spaces • 1 additional community bus space Motorcycle • 18 motorcycle parking spaces. Parking Bicycle Parking • 192 bicycle parking spaces. • Landscaped public town square (plaza = 1400m2) Public Domain and • Common open space roof terraces in planters Landscaping • Ground level deep soil planting (513m2 - 7% of site area) • Soil Vault (Proposed Volume = 226m3 - Proposed Area = 335m2 (4.6% of site area))
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A3. DWELLING TYPE BY LEVEL
Level Dwelling Type TOTAL Upper Ground 3 live/work 3 Upper Ground Mezzanine 2 studio + 2 x 1br 4 Level 01 1 studio + 3 x 1br + 5 x 2br 9 Level 01 + 02 (double storey) 4 x 2br 4 Level 02 2 studio + 8 x 1br + 5 x 2br + 3 x 3br 18 Level 02 + 03 4 x 2br 4 Level 03 2 studio + 8 x 1br + 5 x 2br + 3 x 3br 18 Level 04 7 x 1br + 7 x 2br + 5 x 3br 19 Level 05 7 x 1br + 5 x 2br + 4 x 3br 16 Level 06 7 x 1br + 5 x 2br + 4 x 3br 16 Level 07 7 x 1br + 5 x 2br + 4 x 3br 16 Level 08 5 x 1br + 3 x 2br + 4 x 3br 12 Level 08 + 09 (double storey) 1 x 2br + 3 x 3br 4 Level 09 4 x 1br + 2 x 2br + 4 x 3br 10 Level 09 + 10 (double storey) 1 x 3br 1 Level 10 5 x 1br + 2 x 2br + 2 x 3br 9 Level 11 2 x 1br + 2 x 3br 4 TOTAL 167
PART B - THE SITE, ITS CONTEXT AND HISTORY
B1. SITE DESCRIPTION
The site located on Victoria Road in Rozelle and is approximately 4.8km west of Sydney CBD. Victoria Road is characterised by the high vehicle volume flow rates to and from the city. The road reserve ranges from 30m to 60 m wide, varies from 6 to 8 lanes and is primarily designed as an arterial road. The site has an irregular shape with an overall area of approximately 7,330m2. Surrounding development is a mix of residential, commercial, educational, and light industrial uses. The site is the site of the former Balmain Leagues Club, which was built in the early 1960s for social gatherings for the Balmain Tigers Rugby League Football Club. It has historically been considered as a significant and well established local community and entertainment venue. In the 2000s the Club sold the site. It is currently vacant, and the existing buildings are in a dilapidated condition. Along Victoria Road (north-eastern side of the site), the site consists of a two storey building and a two storey car park structure. Along Darling Street are two 1-2 storey commercial buildings which are currently vacant. Along Waterloo Street (western side of the site), the development incorporates a 1-3 storey building with at grade car parking associated with the Club. The site slopes downward from Darling Street towards the north, following the topography of Victoria Road and Waterloo Street. The Iron Cove Bridge is approximately 600m to the north-west of the site.
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On the opposite side of Victoria Road is Rozelle Public School. Adjacent to the School, at the intersection of Victoria Road and Wellington Street and to the north of the site, is the prominent Bridge Hotel building. Opposite the site to the east and close to the corner of Victoria Road and Darling Street is a single storey public toilet block. On the corner of Victoria Road and Darling Street at 665-669 Darling Street is a row of three 2 storey shops. To the south of the site lies a narrow informal laneway which adjoins the rear of a series of commercial buildings which line Darling Street. The commercial properties include 671 to 695 Darling Street. It is noted that the Balmain Leagues Club has right of way to a section of the laneway which runs along the back of 681 to 695 Darling Street (i.e. Lot 1 DP 1063695), but not over the section of laneway at the rear of 671 to 679 Darling Street. Waterloo Street lies to the west of the site and is dominated by residential dwellings of various architectural styles and one and two storey scale. Immediately to the north-west of the site in Waterloo Street, the site adjoins a row of residential dwellings (17-25 Waterloo Street). At the south-western end of Waterloo Street, at the intersection with Darling Street, there are two 2 storey scale commercial/industrial style buildings including the former Post Office building (a Heritage Item) at 707 Darling Street. On the north-eastern side of Waterloo Street is 703 Darling Street which is a commercial building of painted rendered brick with high parapet, addressing Darling Street. This building has a two storey, residential attachment to the rear, which addresses Waterloo Street. of one and two storey scale. The properties known as No. 697 Darling Street and 1 Waterloo Street (also known as 699 Darling Street) are located within The Valley Heritage Conservation Area. The applicant, Heworth, was notified on 8 March 2018 that NSW Roads and Maritime Services (RMS - now Transport for NSW (TfNSW)) may be seeking to compulsorily acquire the site for a ‘dive site’ for the future Western Harbour Tunnel and Beaches Link project. On 5 August 2020, TfNSW advised Council and the Applicant that the subject property is within the WestConnex M4-M5 Link project boundary and is subject to construction impacts. To allow for the construction and operation of WestConnex, TfNSW is in the process of acquiring subsurface land (in this case, land underneath 138-152 Victoria Road Rozelle) to form the underground road corridor. As such, a section of this property will become limited in stratum, but this will not limit the development as proposed and TfNSW have granted concurrence subject to conditions.
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Assessment Report 138-152 & 154-156 VICTORIA ROAD/697 DARLING STREET/1-7 WATERLOO STREET ROZELLE
Figure 1: Aerial view of subject site – (Source: Nearmap)
Figure 2: Identification of allotments that comprise the subject site – (Source: Inner West Council) • 138-152 Victoria Road Rozelle (being Lot 1 DP 528045) • 154-156 Victoria Road Rozelle (being Lot 1 DP 109047) • 697 Darling Street Rozelle (being Lot 104 DP 733658) • 1-7 Waterloo Street Rozelle (being Lots 101 & 102 DP629133, Lot 37 & 38 DP 421 and Lot 36 DP190866)
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Figure 3: The site viewed from Victoria Road looking northwest towards Iron Cove – (Source: Google Street View)
Figure 4: The site viewed from Victoria Road looking southeast – (Source: Google Street View)
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Figure 5: The rear of the site viewed from Waterloo Street – (Source: Google Street View)
B2. SITE HISTORY
The Applicant’s SEE (as revised) provides a detailed account of the planning history for this site. Below is a summary of the relevant history.
• In 2008, amendments to the Leichhardt Local Environmental Plan 2000 (LLEP 2000) were gazetted and site-specific controls were included in the Leichhardt Development Control Plan 2000 (LDCP 2000) to enable increased height and FSR on this site. The amendments were supported by a Voluntary Planning Agreement entered into between Council and the landowner. The VPA was negotiated and executed with the then landowner / developer to deliver additional community benefits including a pedestrian bridge across Victoria Road for access between a supermarket on site and residents opposite the road, along with other items. This VPA is registered on the title of the land but it has never been acted upon.
• Development Application D/2009/352 proposed a mixed-use development with 145 dwellings, retail shops, restaurants, a supermarket and commercial offices, public plaza, a new leagues Club and a new infill building on Darling Street. 6 basement levels provided for 550 parking spaces. A pedestrian bridge across Victoria Road, located partly on Rozelle Public School, formed part of the proposal. The application was refused by the Joint Regional Planning Panel (JRPP) on 9 July 2010 on the basis of non-compliance with the FSR and height controls, excess bulk and scale, and traffic. A SEPP 1 objection to vary the permissible FSR was not approved.
• Major Project Application MP11_0015 was submitted to the NSW Department of Planning and Infrastructure (former) under Part 3A of the Environmental Planning and Assessment Act 1979 in April 2012. The application also proposed a mixed-
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use development to provide 247 dwellings, retail shops (including a supermarket, mini-major and specialty retail), a new leagues Club, community and commercial spaces, and 488 car parking spaces. The proposal significantly departed from the site-specific planning controls with a proposed FSR of 4.5:1 and a maximum height of 24 storeys. The application was refused by the Planning Assessment Commission (PAC) on 11 April 2014.
• During the time that MP11_0015 was under assessment, the Leichhardt Local Environmental Plan 2013 (LLEP 2013) was gazetted and came into operation. The site was a Deferred Matter from the LLEP 2013 awaiting the determination of the major project application. The site remains a Deferred Matter to this day.
• In addition, in 2014/2015, Council lodged an ultimately unsuccessful planning proposal which attempted to remove the Deferred Matter status applying to the land and to impose LLEP 2013 as the relevant environmental planning instrument, with the effect of reducing the scale of permissible development.
• Development Application DA2015/428 was lodged with Council was lodged in 2015 proposing a mixed-use development which included; • a 12 storey mixed use tower with retail, commercial and residential apartments to the eastern portion of the site; • a 8 storey mixed use tower with the Balmain Leagues Club and residential apartments to the western portion of the site; • 5 levels (including mezzanine) basement levels for 369 cars; • A central plaza with access from Victoria Road, Darling Street, Waterloo Street; and • A pedestrian bridge over Victoria Road. The application proposed an FSR of 3.9:1 and a maximum height of 12 storeys in accordance with the site specific controls in LLEP 2000. The application was refused by the Land and Environment Court (Urbis Pty Ltd v Inner West Council and Transport for NSW [2016] NSWLEC 1444) on the following grounds at paragraph 143:
“143. The site specific controls in LEP 2000 require that consent may be granted to a mixed use development on the site but only if, in the opinion of the Court, certain objectives are met. Based on the evidence, the submissions of the parties and for the reasons set out in this Judgment, I have found that certain of these objectives are not met. In particular, the design of the proposal does not demonstrate that it will contribute to the vibrancy and prosperity of the Rozelle Commercial Centre or provide a high quality transition to the existing streetscape, nor does the evidence demonstrate that the proposal will have an acceptable impact on traffic around the site. For these reasons, consent must not be granted, and the application must fail. Furthermore, there are matters of detail design, adequacy of solar access and cross ventilation, the design of the pedestrian bridge, questions in relation to the calculation of FSR for the Club and the development overall and doubts about the area to be provided for use by the Balmain Leagues Club to promote its long term viability that would need to be addressed before any consent could be granted.”
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• Development Application D/2018/219 (the current application) was lodged with Council in May 2018. The DA was accompanied by a proponent led amended site- specific DCP for the site that was submitted to Council in March 2018. Council endorsed the preparation of their own draft site-specific DCP for the site. LDCP 2000 Amendment No. 18 was adopted by Council on 25 June 2019 and became operational on 16 July 2019. In response to the LDCP 2000 amendments, the original DA proposal was then amended and re-submitted in August 2019. The DA has been amended a number of times in response to various RFI requests from Council and NSW Government bodies (refer to D2. Application History in this report).
• At the time D/2018/219 was lodged, the Applicant also submitted an amended VPA offer to Council. Registration of the amended VPA on title is not required for determination of the current application as the existing VPA already sits as a requirement on title of the land; however, the existing VPA does include infrastructure items that no longer form part of the proposed development (e.g. the pedestrian bridge over Victoria Road). The Applicant’s offer to amend the VPA is to be considered by Council on 8 September 2020.
• Prior to lodging D/2018/219, the Applicant met with Council on 7 September 2017, 18 October 2017, 12 February 2018, and a formal Pre-DA meeting was held on 22 February 2018 to discuss the redevelopment of the site, including the preparation of amended site-specific DCP controls.
PART C – DEVELOPMENT APPLICATION D/2018/219
C1. THE CURRENT PROPOSAL
D/2018/219 is Integrated Development as defined under the EP&A Act. The development proposal includes a service vehicle ingress and egress from Victoria Road (a classified road) and concurrence to grant approval from TfNSW (Roads and Maritime) under section 138 of the Roads Act 1993 is required. Light vehicle ingress and egress is from Waterloo Street.
The proposed development (as revised) seeks consent to demolish existing improvements, remediate the site and construct a mixed-use development comprising three 11 to 12 storey buildings connected above a shared retail and commercial podium with 167 residential units above. Space will be provided for a new leagues Club. The proposal seeks consent for the staged construction of works. The proposed staging is as follows: • Stage 1 – Demolition; • Stage 2 – Excavation; • Stage 3 – Construction of the structure through to ground level; • Stage 4 – Completion of Structure; and • Stage 5 – Fit out and finishes.
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Key elements of the development are: • Three basement levels with the basement levels accessible via Waterloo Street and a service loading dock off Victoria Road; • Three pedestrian laneways (Tigers Lane, Little Darling Lane and Heritage Lane) which connect Victoria Road, Waterloo Street and Darling Street; • The creation of Darling Lane requires the demolition of 699 Darling Street; • A Public plaza at the centre of the development; • 2-3 storeys development along the Waterloo Street frontage, which will incorporate live/work spaces, residential apartments and roof top landscaping/green walls; • Along Darling Street, the façade of 697 Darling Street will be reinstated, and speciality retail will be provided along Darling Street with a supermarket extending underneath; • Three unified buildings along Victoria Road between 11-12 storeys in height, with residential accommodation above the 2 storey podium and retail, commercial and a Club on the lower levels; and • Landscaped communal rooftop gardens with seating and shade are incorporated into the design on Levels 1 (Building C podium), 5, 10 and 11.
The total gross floor area (GFA) proposed is 28,455m2, comprising: • 5,204 m2 retail GFA (incl. supermarket) • 3,066m2 Club • 1,561m2 commercial (incl. live/work units); and • 18,624 m2 residential GFA.
There will be a total of 167 dwellings, including the live/work spaces.
Three levels of basement car parking for 334 car spaces plus motorcycle and bicycle parking are to be provided.
A more detailed listing of the components of the proposed development is found in section A2. Key Components of the Proposal of this report.
C2. THE PROPOSED LAND USES
The Applicant’s SEE (as revised) provides a useful description of the proposed land uses in this current proposal, although it should be noted that the most recent design revisions have slightly altered the gross floor space (GFA) figures in the following description. The current GFA figures are listed in section A2. Key Components of the Proposal in this report. The following is an extract from the Applicant’s SEE:
Tigers Club
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The retention of a viable Leagues Club was the catalyst to amend the site specific in the LEP and DCP in 2008. The proposed Club adopts modernisation and diversity to promote the long-term viability of the Leagues Club and for the benefit of the local community. The proposed Club has moved away from larger gaming areas, with a renewed focus on family entertainment, food and beverage and recreation services. The proposed Club is located on the upper ground level underneath Building C and fronts Victoria Road and Tigers laneway. An entry point has been allocated from the public plaza to carry through the positive patronage within the area. The location of the Club is at grade with the public plaza and retail precinct. An outdoor gaming and dining is provided along Victoria Road. An indicative layout has been provided in the Updated Urban Design Report (refer to DA Appendix 8) however a separate DA will be submitted for the fit out and management of the proposed Club. A community bus will be provided and operated by the Club.
Retail With the exception of the supermarket, the development’s retail spaces have been provided at the ground level to incorporate the retention of building facades on Darling Street, and to ensure that the development’s retail offering complements and enhances the existing Darling Street precinct, rather than detracting from it. There is approximate total 5,272m2 GFA dedicated to retail which will be mainly used for supermarket, food and beverage, with limited speciality retail. These retail spaces have been positioned around the public plaza (at grade) which will attract and generate positive patronage to the area. Future DA/CDCs will be submitted for the fit out and management of all retail components.
Food and beverage premises The food and beverage spaces located in the public plaza will attract a variety of restaurants to accommodate the existing and future residents and visitors. The Club will rely upon the adjacent food and beverage retail providers to supplement the dining opportunities within the Club.
Specialty retail Approximately 277m2 GFA has been provided in speciality retail along Darling Street. The speciality retail has been considered to fit in with the existing surrounding context on Darling Street (with the retention of the façade to 697 Darling Street). Speciality retail such as pharmacies and a specialist medical centre could be included to supplement the predominantly food catering focused offered in the development and to complement the Rozelle commercial centre along Darling Street. The specialty retail is not provided at lower ground, which means that any supermarket patron seeking specialty retail offering will need to travel to the ground level, which is directly connected to the Rozelle commercial centre at grade.
Supermarket The proposal includes a supermarket which is approximately 3,092m2 and is located on the lower ground level. The supermarket has been designed to ensure that it will enable increased range, convenience and price competition for local residents without impacting the
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viability or continued operation of any existing retail facility in region. A future DA will be submitted for the fit out and management of the supermarket.
Commercial Approximately 937m2 GFA is proposed for commercial floor space on level 1 of Building A. A commercial lobby (90m2 GFA) has been proposed on the upper ground level with access provided from Little Darling Lane. The commercial floor space will provide areas for collaborative shared workspaces, creative spaces, freelancers, start-ups and small businesses, which is consistent with Council’s retail strategy that recommends increased opportunities for local commercial spaces.
Live/work spaces Collaborative and creative work spaces have been encouraged in the commercial uses. Approximately 554m2 GFA of live/work space has been proposed along Waterloo Street to support the transition from existing residential dwellings on Waterloo Street to the retail, Club and public plaza. The proposed live/work spaces will occupy two levels along Waterloo Street. The introduction of flexible live/work spaces would support smaller creative uses, businesses, start-ups and local businesses.
Residential The location of the residential buildings is focused on Victoria Road, broken into three forms, with recessive links between. The design of the residential buildings allows for morning and afternoon sun to the apartment buildings with the western form of the buildings splayed for solar orientation reasons. A total of 168 residential units (inclusive of 4 live/work 1 bed units) have been proposed for the development. Residential components have been proposed from Level 2 to Level 11 for Building A; Level 1 to Level 9 with a roof top landscaped area for Building C; and Level 1 to Level 10 for Building B also with a roof top landscape area. Living spaces and balconies have been oriented towards views and solar opportunities.
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C3. AMENDED ELEVATIONS (CURRENT DESIGN)
Figure 6: Victoria Road Elevation (Source: Revised DA Plans)
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Figure 7: Waterloo Street Elevation (Source: Revised DA Plans)
Figure 8: The Darling Lane Elevation (Source: Revised DA Plans)
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Figure 9: Elevation 4 – Victoria Road (Source: Revised DA Plans)
Figure 10: Darling Street Elevation 5 (Source: Revised DA Plans)
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C4. APPLICATION HISTORY
Date Details
29 March 2018 The Applicant submitted a draft site-specific DCP for the Balmain Leagues Club Precinct to amend the site specific DCP controls under Part D of the Leichhardt LDCP 2000 adopted by Council in June 2008. The draft amendments included: • Rearrangement of the built form, building setbacks and access; • Relocation of the future town square to the centre of the site; and • Updated controls related to environmental and waste management and design excellence. The 2008 site specific DCP complemented the amendment to the Leichhardt LEP 2000 (Amendment 16) to permit increased height and density on the subject site; in particular, an increase in the maximum FSR permissible from 1.5:1 to 3.9:1. Contemporaneously, a VPA was entered into to deliver additional community benefits to capture the added value associated with the increase in FSR. Accompanying the new draft site-specific DCP, the Applicant submitted a new VPA offer to replace the existing VPA that had been executed and registered on title but never implemented. The new offer removed a few items that were no longer relevant to the proposed development (e.g. pedestrian bridge over Victoria Road) or were already provided to the community (e.g. home delivery from retailers). The new offer provided additional benefits that Council originally sought to include in the 2008 VPA but for various reasons, were not included (e.g. legal guarantee to public access and right-of-way to the plaza and laneways through easements and covenants on title). 1 May 2018 Development Application 2018/219 lodged with Council for construction of a mixed use development comprising; • three buildings along Victoria Road 12 storeys in height. Residential accommodation at the upper levels and retail, commercial and Balmain Leagues Club at the lower levels; • 2-3 storey buildings along Waterloo Street and the inclusion of four live/workspaces as affordable housing as per the VPA offer; • public town square in the centre of the development; • three laneways (Tigers Lane, Darling Lane and Heritage Lane) which connect Victoria Road, Waterloo Street and Darling Street; • speciality retail and supermarket; • reinstatement of the façade to 697 Darling Street; and • two basement levels with Basement 1 accessible via Victoria Road and Basement 2 accessible via Waterloo Street. Key statistics include; • FSR 3.87:1 - GFA 28,396m2 • Retail 0.69:1 – 5,093m2, including 2,886m2 for a supermarket • Club 0.41:1 – 3,009m2
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• Residential 2.53:1 – 173 units (not including four affordable housing units above live/work spaces fronting Waterloo Street) • Commercial 0.24:1 – 1,785m2 (including 534m2 as live/work spaces • 275 car parking spaces in two levels of basement The DA was placed on public exhibition from 12 June to 11 July 2018 but was then put on hold, awaiting the outcome of Council’s review of the proposed amendments to the DCP. 111 submissions were received during this period. May to December To inform Council’s assessment of the proposed DCP amendments, 2018 external independent consultants were commissioned . Traffic consultants, Arup concluded that, in relation to transport and traffic implications, development of the site in the form proposed is anticipated to result in generally acceptable increases in delay/congestion on the adjacent road network, when considered in the context of likely future conditions on the adjacent road network.
SGS Economics and Planning undertook a retail impact assessment to test the trade diversion effects of introducing new retail floorspace. SGS concluded that the quantum and mix of retail proposed by the Applicant is warranted for the following reasons: • The site is located within an established retail centre, generating potential co-location benefits, reducing the need for vehicular travel and (potentially) greater integration within this centre. • There is an undersupply of retail floorspace in the local economy, particularly in terms of full-line supermarkets. • Expected population growth will exacerbate this undersupply. • There is policy support for increased floorspace (including retail) in established centres across Metropolitan Sydney under the Greater Sydney Commission’s Central City District Plan to meet the impending population growth. • There is no demonstrably significant trade diversion effect on any other centre (largely due to the supermarket undersupply in this area). Conybeare Morrison (CM+) were engaged to undertake an urban design and heritage analysis, with the heritage input provided by Extent Heritage. Two workshops were conducted to proactively discuss the issues identified by the urban design and heritage peer review and its recommendations in November 2018. CM+ prepared revised controls for the site consistent with their recommendations and the outcomes of the workshops.
11 December 2018 Council resolved to support the recommendations of the peer review and endorsed the preparation of amended DCP provisions for the Balmain Leagues Club Precinct under Leichhardt Development Control Plan 2000.
January to June 2019 Draft amendments to Part D of Leichhardt DCP 2000 were publicly exhibited in early 2019. The exhibition material was made available on Council’s Your Say Inner West website and at Council’s Service Centres. A public meeting was held on 28 March at the Balmain Town Hall to explain the draft DCP amendment and answer questions. 106
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submissions were received during the exhibition period.
25 June 2019 Council adopted the amendments to the site-specific DCP for the Balmain Leagues Precinct on 25 June 2019 (DCP Amendment No. 18).
The amendments to Part D of DCP 2000 prepared by Council include; • rearrangement of the built form, building setbacks and access; • relocation of the future town square to the centre of the site; and • updated controls related to environmental and waste management, and design excellence.
16 July 2019 DCP Amendment No. 18 - Balmain Leagues Club Precinct became operational.
15 August 2019 Sydney Eastern City Planning Panel (SECPP) Briefing/Site Visit.
6 September 2019 The Applicant submitted amended plans in response to the DCP amendments. The amended proposal included the following changes to the scheme originally submitted in May 2018; • slight amendment to the distribution of GFA between the mix of uses, with no change proposed to the maximum GFA of 28,415m2; • reduction to the height of the three proposed buildings, including; o Building A – reduced from RL 82 to RL 81.5, o Building B – reduced from RL 82 to RL 80.8, o Building C – reduced from RL 80.4 to RL 74.5; • reconfiguration of the proposed massing, including the provision of a shared podium with singular tower elements above; • amendment to the design of the communal open space areas; • increase in the building separation from the Heritage Conservation Area to south-east and adjoining properties to the north-west; • amendment to the design and the size of the proposed public open space from 2,940m2 to 2,250m2; • reduction 275 to 265 parking spaces; and • the four live/work spaces fronting Waterloo Street no longer nominated as affordable housing units. Key statistics changed slightly from the original application as listed below: • FSR 3.88:1 - GFA 28,415m2 • Retail 0.72:1 – 5,254m2, including 3,046m2 for a supermarket • Club 0.42:1 – 3,066m2 • Residential 2.53:1 – 18,530m2 (164 units not including the live/work spaces) • Commercial 0.21:1 – 1,565m2 (including 537m2 as live/work spaces) • 265 car parking spaces in two levels of basement The amended DA was placed on public exhibition from 17 September 2019 to 16 October 2019 – 29 submissions were received
External referrals were sent to the following agencies: • Transport for NSW (TfNSW) and Roads and Maritime Services (separate referrals) – as Integrated Development
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• Architecture Excellence Panel • Ausgrid • Sydney Water • NSW Police
12 November 2019 The Architectural Excellence Panel reviewed the architectural drawings, urban design report and landscape design drawings, and discussed the proposal with the Architect, Landscape Architect and representative of the site owner.
The Panel noted that the site-specific Development Control Plan Amendment No. 18 Balmain Leagues Club Precinct (operational from 16 July 2019) established the built form for the proposal, which includes a 12 storey primary building form addressing Victoria Road.
The Panel made eight recommendations:
1. The proposal needs to create a stronger, safer and more amenable pedestrian address for Building C in addition to that currently provided on Victoria Road. The additional alternate pedestrian access to Building C could be provided from Waterloo Street via the lift located in Building D (and through the communal open space above the podium), or alternatively an augmentation of the secondary address co-located with the lobby to Building B. The Panel would support a minor building height non-compliance associated with a potential lift overrun at Building D for the sole purpose of improving the sense of address for Building C. 2. The plaza levels should be amended to more closely correspond with the existing footpath levels along Victoria Road and Waterloo Street, to enable barrier free pedestrian movement with clear lines of sight. 3. The amenity of the existing neighbours across Waterloo Street could be improved by providing a green landscaped edge and by reduction in the masonry structure overlooking Waterloo Street. 4. The urban design study should include testing of future development scenarios for the neighbouring sites along the north western and south eastern boundaries. Testing should ensure that future development on the neighbouring properties is not compromised in terms of residential amenity, visual impact and solar access. Similarly, these tests should demonstrate that the amenity enjoyed by dwellings within the subject site can be maintained in scenarios where the neighbouring properties are redeveloped. 5. The proposed extent of deep soil should be located (in conjunction with other recommended design amendments) to permit the introduction of large canopy trees. 6. The proposed plaza includes extensive planting over basement structures, which needs to be explained further with cross sections. 7. The façade of the south eastern tower, Building A, would benefit from further design refinement aiming to break up the existing composition to introduce a stronger sense of the horizontal, and
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with an increased sense of depth to protect otherwise large extents of shear glass. 8. The northern balconies covered by curtain walls should be further detailed to ensure they are well-ventilated and minimise heat loading - ideally through self-shading.
18 November 2019 Council provided the Applicant with a request for further information listing matters that were required to be addressed by the submission of amended plans and additional information. The following is a summary list of the key concerns/issues raised by Council: • Operational Waste: o In summary, the submitted Operational Waste Management Plan (OWMP) referenced the relevant section of the Leichhardt Development Control Plan (DCP) 2013. The OWMP was required to reference; and demonstrate compliance with; the objectives and controls of; Leichhardt DCP Amendment No. 18 (adopted on 25 June 2019 – Operational on 16 July 2019), with particular regard to Part D1.20 Waste Management. • Traffic: o Council noted that a referral response had not yet been received from TfNSW. o A detailed design of the Victoria Road deceleration lane, forecourt and frontage path to address medium to long term opportunities for public domain improvements that may arise when traffic flows on Victoria Road are significantly reduced in response to opening of the Iron Cove Link. o The development proposes a series of initiatives to encourage active transport through a Travel Plan. Council required that a mechanism be established in which the Travel Plan Coordinator’s monitoring and reviews be annually communicated to a responsible Council officer to ensure compliance and tracking of progress/trends. o The cumulative impact of construction activity to be assessed (in consultation with all major stakeholders) and an appropriate Construction Traffic Management Plan be prepared. In particular, the construction of the development is likely to coincide with several other major construction projects including: . Iron Cove Link (and associated Victoria Road works); . WestConnex Stage 3b; . Western Harbour Tunnel; . Sydney Metro West; and . Elements of the Bays Precinct Redevelopment. • Engineering: o Allowance to be made for future Victoria Road footpath reconfiguration and widening to minimum 4.5m across the
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frontage and to be dedicated to Council at no cost as per DCP Amendment No. 18 Section D1.7 Control C2. o The setback to Victoria Road is to prioritise pedestrian movement as per DCP Amendment No. 18 Section D1.7 Control C3. o Allow for future Waterloo Street footpath widening in accordance with DCP Amendment No. 18 Section D1.7 Control C4. o Access to the existing parking at the rear of No. 695 Darling Street to be maintained including maintaining all existing Right of Ways. Where additional width is required for vehicular access, the Right of Way must be widened. o Landscaping works in the vicinity of the proposed lift that encroach on the existing Right of Way in the property 697 Darling Street (Lot 104) must be deleted. o A drainage easement and overland flow path must be provided over the Right of Way at the rear of properties No. 671 – 695 Darling Street to cater for stormwater flows from this area to drain to the public drainage system. o The Site Hydrology Report by Webber Designs dated 19 April 2018 (Rev D) and Stormwater Drainage Concept Plans lack detail and do not demonstrate compliance with DCP requirements. o Insufficient justification provided for reducing the on-site parking provision below that required by DCP Amendment No. 18 Section D1.15 (a shortfall of 71 car parking spaces). Further detail to be provided regarding the location and management of bicycle, motorcycle, and car share parking. Consideration is to be given to providing an additional basement floor. o The design of the basement car parking and loading dock area to comply with AS/NZS 2890. 1: 2004 Parking Facilities Part 1: Off-street parking and Australian Standard AS/NZS2890.2-2018 Parking Facilities – Off- Street Commercial Vehicle facilities. • Heritage and Urban Design: o The proposal does not properly address the possible site isolation of No. 703 Darling Street (Planning Principle Karavellas v Sutherland Shire). o Adequate separation between the towers to be incorporated, with consideration to environmental aspects such as wind, overshadowing and visual impact. The building base to integrate with the Victoria Road streetscape provided with a continuous street wall height and also correspond to the fall of land. o The development presents as a podium to Victoria Road and steps down following the topography of the site. The proposed podium level to the north west along Darling Street should be further detailed and broken into bays, similar to the podium level at the intersection of Victoria
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Road and Darling Street. o Large expanses of glass should not be used in areas visible from the public domain. Openings should be vertically proportioned, employing traditional design. Dominancy should be given to masonry/solid elements rather than glazed areas. o The residential balconies of Building C level 1 entirely encroach the 6m building separation required by the ADG. o Building A has a 6m separation from the south eastern boundary. Apartments located within Building A Levels 2- 11 of have habitable areas with primary address to the side boundary. It is noted that a greater setback (12m + 3m) is required under the ADG. o A detailed colours and materials schedule is to be submitted. o More details on solar access to apartments to be provided to address the ASDG criteria. o The proposal lacks provision of an appropriate deep soil area free from basements, services, impervious surfaces, driveways, roof areas and the like. A larger deep soil area (as per ADG 3E-1) should be considered for environmental benefits. o The plaza does not achieve good solar amenity throughout the year, particularly in mid-winter. The plaza lacks a high quality landscape design that combines soft and hard landscaped areas and integrates of deep soil areas for environmental benefits. o Victoria Road frontage is only partially activated by a small retail area in the north eastern corner. The ground floor is predominantly used for vehicular access, a slip lane and building services. The street interface is undesirable for pedestrians. o Along Waterloo Street a front setback of 3m should be provided to improve the interface with the existing single and double storey dwelling houses across Waterloo Street. Landscaping should be considered within the front setback to soften the building edge and to enhance the quality of the public domain. o All previous recommendations made by the AEP to be addressed. o Revised perspectives for Views 2 and 3 must be provided that accurately depict the proposed development and include all of the former Police Station building in the photomontage in accordance with DCP Amendment No. 18 Section D.8. o The proposal is to address all of the objectives of DCP Amendment 18 in more detail. • Urban Forests: o An Arboricultural Impact Assessment (prepared by an
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AQF level 5 qualified Arborist) to be submitted assessing the impacts on trees currently on site and trees located on neighbouring property within close proximity to the proposal. o Landscaping details are required to demonstrate that there will be adequate soil volume and sufficient permeable soil mixes to allow for water and soil gaseous exchange to promote tree growth. o A Public Domain/Street Tree Planting Plan shall be submitted to Council. New trees shall be located within the footpath outside the subject property. • Building: o An Access Management Plan prepared by an Accredited Access Consultant must be provided. • Environmental Health o A report prepared by a suitably qualified and experienced acoustic consultant shall be submitted to Council for the proposed development which demonstrates that noise emissions comply with the relevant provisions of the Protection of the Environment Operations Act 1997, Liquor & Gaming NSW, NSW Environment Protection Authority’s Noise Policy for Industry and Noise Control Manual. o A Stage 2 Detailed Site Contamination Investigation must be undertaken by an independent appropriately qualified environmental consultant and submitted to Council. o An air quality assessment report needs to be prepared by a suitably quality professional to demonstrate that the proposed childcare facilities can meet the air quality standards in accordance with relevant legislation and guidelines. o If any electrical substations or major source of power- frequency electromagnetic fields are going to be provided on site or nearby, an Electromagnetic Field (EMF) Survey is to be prepared by a suitably qualified and experienced environmental consultant and submitted to Council. 4 December 2019 Council met with the Applicant to discuss Council’s request for further information and the responses received from external agencies. In particular the two responses received from TfNSW. The application was referred to TfNSW for concurrence under Section 138 of the Roads Act, 1993 (as Integrated Development) and in accordance with Clause 101 & 104 of the State Environmental Planning Policy (Infrastructure) 2007. • TfNSW - Roads and Maritime response dated 28 November 2019: o Roads and Maritime did not provide concurrence for the proposed vehicular access on Victoria Road as proposed due to future safety and network performance concerns. o Roads and Maritime noted that ‘practicable’ access for all vehicles, excluding service vehicles, can be obtained via a
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road other than a classified road (Victoria Road) and also noted that limiting access to and from Victoria Road for service vehicles only would potentially address the above concerns relating to the proposed deceleration lane. Amended plans were requested. • TfNSW response dated 27 November 2019: o Prior to approval of this development application, the car park be redesigned to provide access to the entire car park via Waterloo Street with the loading dock access via Victoria Road to the satisfaction of TfNSW and Roads and Maritime Services.
16 January 2020 The Applicant submitted an amended application in response to Council’s Request for Additional Information and in response to the issues raised by external authorities. The key amendments included; • relocation of the basement access for all vehicles, except service vehicles, to Waterloo Street in response to the TfNSW; • redesign of the Victoria Road frontage to remove the deceleration lane and prioritise pedestrian movement; • amendments to the Building C lobby to improve access arrangements on the Victoria Road frontage; • increase the setback above the podium along the Victoria Street frontage to comply with the DCP Amendment No. 18 three metre setback requirement; • removal the turntable within the loading dock; • redesign the basement layout, including the car parking, waste facilities, bicycle parking, motorcycle parking to address Council’s requirements; • provision of additional deep soil areas and further enhancements to the landscaping; • dedication of the footpath widening on Victoria Street and Waterloo Street as per DCP Amendment No. 18; and • design comments to the architectural expression in response to Council’s Architecture Excellence Panel (AEP) comments. The amended DA was placed on public exhibition from 31 January 2020 to 1 March – 93 submissions were received. Key statistics changed slightly as listed below: • FSR 3.88:1 - GFA 28,415m2 • Retail 0.72:1 – 5,272m2, including 3,092m2 for a supermarket • Club 0.42:1 – 3,047m2 • Residential 2.53:1 – 18,514m2 (164 units not including the live/work spaces) • Commercial 0.21:1 – 1,581m2 (including 554m2 as live/work spaces) • 273 car parking spaces in two levels of basement
22 January 2020 Council referred the amended DA submission to all external referral agencies.
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31 January 2020 The Architectural Excellence Panel (AEP) reviewed the amended application with the architect, landscape architect and urban planner for the project.
The Panel thanked the applicant for considering the recommendations made at the previous AEP meeting (10 December 2019) and appreciated the structured responses provided in the resubmission.
The Panel provided the following comments: 1. It is noted that the latest RMS response restricts access from Victoria Road to service vehicles, which is considered positive in urban design terms as it provides the opportunity to improve the pedestrian address of Building C to Victoria Road. 2. The Panel identified a potential safety and security concern with the configuration of the deep soil area located in the north western corner (adjacent to the Building C lobby), which needs to addressed by the proposal to avoid concealment opportunities and other potential anti-social behaviour. 3. The Panel encourages the applicant to consider planting an iconic tree within the newly created deep soil area to the north western corner. Such a tree should have a large canopy to create a street presence and to enhance a sense of place along Victoria Road. 4. The Panel raised its concern over the architectural expression of Building A and recommended further refinement, particularly to the Victoria Road frontage, including reduction in the extent of glazing and lessening the number of serrations to the north eastern elevation. The current façade design maximises the outlook and apartment views to the City; however, a balance is also required to be achieved in terms of the environmental performance and visual privacy of the balconies - particularly to the Victoria Road address. 5. The Panel notes that the attention to the previous design recommendations regarding the connectivity and ‘public-ness’ of the proposed plaza. The configuration of the ramp has been amended with a more accessible connection closer to the intersection with Darling Street and is supported. 6. The Panel’s preference is to maximise flexibility and utility of the public plaza. One strategy to achieve this within the revised design would be to omit the six planter boxes protruding within the plaza; however if this is not possible, the Panel considers the planter boxes could be integrated or united to create a larger, consolidated plaza area that maximizes soil volume and provides a benefit to the root system of the large trees. The design of the central plaza area could also incorporate seating arrangement and accommodate pathways along the pedestrian desire lines. 10 February 2020 The Applicant submitted suggested design amendments to Building A to address the AEP’s comments and these were referred back to the AEP.
11 February 2020 The Architectural Excellence Panel reviewed the amended drawings and thanked the applicant for considering the recommendations made in the previous AEP Reports dated 10 December 2019 and 5 February 2020 (also attached to this email).
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1. The Panel noted that a Waterhousia floribunda tree is proposed to be planted at the north western corner, as an iconic tree to enhance a sense of place along Victoria Road. 2. The Panel noted the attention to the recommendation for the eastern façade of Building A. The elements in Building A are rearranged and regrouped to create an architectural expression similar to Buildings B and C. 3. The planter boxes in the public plaza are united following the AEP recommendations, however the panel considers that there could be a greater extent of soil volume, which needs further resolution.
24 February 2020 The Applicant submitted a further amended response (including plans) to the AEPs comments regarding the planter boxes in the public plaza.
25 & 26 February TfNSW and Roads and Maritime provided additional referral responses to 2020 the amended application. TfNSW letter dated 25/02/2020 was in relation to the protection of the CBD Metro Corridor. TAB A to that letter provides the required Condition of Consent for the protection of CBD Metro Corridor and TAB B provides the Conditions of Consent for Victoria Road and Waterloo Street accesses. Roads and Maritime letter dated 26/02/2020 was in relation to concurrence to the proposed vehicular crossing on Victoria Road under Section 138 of the Roads Act 1993. Concurrence was granted subject to 17 conditions. TfNSW advised that the two responses are to be read together. In addition, TfNSW advised that the subject property is subject to a lease by TfNSW for a temporary construction site for the Western Harbour Tunnel and Beaches Link Program. In July 2018, the NSW Government released the proposed reference design for the Western Harbour Tunnel and Beaches Link program. Under the proposed reference design, this property is impacted by the project and may need to be acquired.
6 March 2020 The Applicant submitted a revised Remediation Action Plan (RAP) and Site Auditor Advice as required by Council’s Environmental Health section.
9 March 2020 The Applicant submitted a Electromagnetic Field (EMF) Survey as required by Council’s Environmental Health section.
20 March 2020 The Applicant submitted an Air Quality Assessment as required by Council’s Environmental Health section.
20 March 2020 The Applicant submitted a revised VPA offer to Council.
25 March 2020 The Applicant provided a complete application package of all current documents that are now relied upon as forming part of the DA. This was intended to remove any confusion arising from different documents/plans submitted at different times. 2 April 2020 Council sent a request to TfNSW to review and comment on additional traffic and parking information provided by the Applicant. 2 April 2020 Sydney Eastern City Planning Panel (SECPP) Briefing. The Panel was briefed that following the DCP amendment and responses
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from TfNSW and NSW RMS; the Applicant had amended the Development Application. The following key issues were discussed: • Matters requiring clarification/resolution in response responses from external authorities and Council experts, particularly Traffic issues. • The need for a comprehensive Traffic Assessment Report. • A site inspection required prior to determination or assessing staff to provide an alternative with technology if social distancing rules are still in place. • Matters raised in public submissions, including but not limited to Height, Bulk and Scale, Heritage / Urban Design and impact on the local neighbourhood character, Traffic Congestion, Parking impacts, Privacy, Overshadowing and impact of proposed supermarket on existing shops. • Further design modifications may be necessary to address height and heritage issues. • The need for advice from the Department regarding whether or not Transport for NSW requires the site for motorway development. • Details in respect of the Applicant’s VPA offer. The Panel have identified the need for a further briefing, specifically covering traffic issues, before a determination date is set. 15 April 2020 Council provided the Applicant with a request for additional information required to address the traffic and engineering concerns raised at the SECPP briefing. The following is a summary list of the key concerns/issues raised by Council: • Traffic and transport modelling: o The traffic modelling provided with the application indicates that adjacent intersections will operate at a satisfactory level, however this modelling is based on the lower traffic generation rates proposed in the application, while the independent review commissioned by Council (Arup Consulting) suggests higher traffic generation rates should be considered. New modelling is to be run based on the traffic generation rates proposed by Arup Consulting. • Impacts on Waterloo Street o Resident expectation of Waterloo Street is that only residential traffic from the development would use their street. o It is essential to minimise the length of Waterloo Street impacted by this traffic and to introduce mechanisms which reduce the impact of noise and car headlights on adjacent residential properties. • Parking o The current application has a shortfall in parking of 65 car spaces (19 residential and 46 commercial). o Requested that the Applicant provide a more detailed justification for its proposed parking quantum. o Additionally, the development does not comply with the DCP requirements for motorcycle, bicycle or car share facilities. • Alternative Solution
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o It is Council’s opinion, and the SECPP did suggest during the briefing meeting for the application, that these traffic and parking impacts are likely a result of the total amount of development proposed on this site. A solution may be found in reducing the size of the various components to improve the parking shortfall, while minimising traffic generation and still achieving a feasible and functional yield from the site. • Bicycle Parking o The design of the access and bicycle parking facilities must comply with AS 2890.3-2015 Parking Facilities - Bicycle parking facilities and DCP requirements. • Electric Vehicle Charging o Further information should be provided to demonstrate that the development has incorporated charging for electric vehicles. • Loading Dock o The access and design of the Loading Dock area must comply with AS/NZS 2890. 1: 2004 Parking Facilities Part 1: Off- street car parking and Australian Standard AS/NZS2890.2-2018 Parking Facilities – Off-Street Commercial Vehicle facilities. • Basement Level 1 and Basement Level 2 o The design of the access and car parking facilities must comply with AS/NZS 2890. 1: 2004 Parking Facilities Part 1: Off- street car parking, AS 2890.3-2015 Parking Facilities – Bicycle parking facilities, AS/NZS 2890.6-2009 Off-street parking for people with disabilities and Council’s boundary level requirements. • Stormwater Drainage and Water Treatment o The Stormwater Management Plan by Webber Designs dated 18 December 2018 (Rev F) including the Stormwater Drainage Concept Plans lack detail and do not demonstrate compliance with DCP requirements. • Rear of No. 671 – 695 Darling Street o The development appears to rely and/or provide pedestrian access to the subject site via the rear right of way over No. 671 – 695 Darling Street. Legal rights of access must be demonstrated and suitable measures to manage potential pedestrian and vehicular conflict. o Swept paths must be provide demonstrating that the vehicular access to the rear the parking spaces at the rear of No. 695 Darling Street must be maintained including maintaining all existing Right of Ways. Where additional width is required for vehicular access, the Right of Way must be widened. • Urban Forests o It must be clearly demonstrated that all vegetation proposed to be planted on site can be sustained in the landscape in the long-term. o Tree planting details must be submitted. o A Public Domain/Street Tree Planting Plan to be submitted. Appendix 6.6 of the Marrickville Street Tree Master Plan 2014 to be relied upon as a guide for street tree planting specifications. • Waste
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o The current design does not provide an optimal waste solution. The residential bin room location requires movement of bins across the path of vehicular movements to the loading dock area where Council’s garbage truck would stand whilst loading. Alternatively, Council’s truck would be required to stand adjacent the bin room in an area blocking access to the exit ramp. • Grant of Easement over Lot 1 DP 528045 o The plan submitted to show access to this adjoining land is not feasible. Further details are to be provided. • Heritage and Urban Design o Council provided an undertaking to provide the Applicant with any additional Heritage and Urban Design questions or issues in a timely fashion following the receipt of information provided in response to this letter.
16 April 2020 TfNSW responded to Council’s request of 2 April 2020 for TfNSW to review and comment on the additional traffic and parking information. TfNSW advised that responses provided to Inner West Council in February remained applicable. 17 April 2020 The Applicant engaged JMT Consulting to conduct a peer review of the proposal and identify solutions to the traffic issues. JMT contacted TfNSW directly. JMT suggested that a solution is to allow residential and commercial vehicles to exit on to Victoria Road after PM peak time. 27 April 2020 Council posted a Power Point presentation on Council’s website to inform the public of the status of this DA.
27 April 2020 Council, the Applicant, and the Applicant’s consultants met via teleconference to work through the traffic, access and parking issues. The principal matters discussed were: • All traffic to egress to Victoria Road from 8pm at night • This requires a new ramp from the basement to allow egress to Victoria Road through loading dock • Restricted Waterloo Street Egress Configuration • The need for a parking study to investigate improved parking solutions on Waterloo Street • Increase in on-site parking numbers and resulting impacts 13 May 2020 The Applicant submitted a response to Council’s request for additional information of 15 April 2020.
4 June 2020 A further Sydney Eastern City Planning Panel briefing. The key issues discussed were: • Traffic impact on Waterloo Street during the day in particular and measures necessary to minimise rat running of vehicles leaving the premises onto Victoria Road after 8pm • Non-compliance with the parking DCP • Isolation of properties to the north east 1 July 2020 The Applicant submitted additional information in response to the issues discussed with the Panel and outstanding matters that Council required to be addressed. These included:
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• Addition of a third basement to satisfy Council’s minimum DCP car parking requirements. • Site isolation issue - concept design for the adjoining owner’s basement and massing to show they can achieve an appropriate development outcome. • A comprehensive Green Travel Plan. • Clarification of the loading dock design and how waste is to be collected. • Resolution of bicycle parking arrangements. • Agreement with a car share operator. • Stormwater system design and water treatment services. • Information on the multiple use of car spaces. • Incorporation of designated Taxi/Uber parking. • Electric car charging points. • Car wash bays. • Response to outstanding urban design questions/issues. 2 July 2020 Council notified all persons who previously made a submission as well as all properties in Waterloo Street of the additional information for 14 days from 3 July 2020 to 17 July 2020 – 1 submission was received. 8 July 2020 The Applicant updated the additional information submitted on 1 July 2020. Council sent copies of the additional information to all external referral agencies. 15 July 2020 TfNSW contacted Council in relation to the new third basement. And requested the Applicant provide a foundation drawing for the amended plans to allow for an engineering assessment in relation to the CBD Metro corridor. Council provided the Applicant with preliminary comments and questions from Council’s Development Engineer.
20 July 2020 The Applicant provided the foundation drawing requested by TfNSW.
23 July 2020 The Applicant submitted additional information to address the matters raised by Council’s Development Engineer. 3 August 2020 The Applicant submitted a revised BASIX certificate and ESD, NCC Section J and BASIX assessment report. TfNSW provided a referral response to the most recent additional information submitted by the Applicant, reaffirming concurrence for the proposed development subject to amended conditions. Conditions of consent for the Victoria Road access are no longer required. 5 August 2020 A further response from TfNSW (RMS) was provided in response to the most recent additional information submitted by the Applicant. TfNSW provided concurrence under Section 138 of the Roads Act 1993, subject to previous concurrence requirements remaining applicable, with one requirement being included in the development consent. A specialist engineering assessment is to be undertaken by an appropriately qualified and experienced geotechnical/tunnelling engineer that identifies the implications of the development on the road infrastructure of the WestConnex M4-M5 Link project.
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6 August 2020 A further Sydney Eastern City Planning Panel briefing. The key issues discussed were: • Traffic impact on Waterloo Street – traffic movements during the day and in the evening (after 8pm) • Parking – use of commercial car spaces to cater for additional parking demands during evening and weekend periods • Potential isolation of property to the north east • Potential Isolation of properties to the north west • TfNSW – lease of the land to be used as a dive site in connection with Western Harbour Tunnel project 7 August 2020 Council provided the Applicant with a draft set of conditions of consent.
18 August 2020 The Applicant submitted a revised SEPP 1 objection with respect to the maximum commercial and residential floor space ratio (FSR) controls in clauses 4 (c) and (e) of Part 3 of Schedule 1 of LLEP 2000.
PART D - ASSESSMENT
D1. ENVIRONMENTAL PLANNING INSTRUMENTS
The application has been assessed against the relevant Environmental Planning Instruments listed below:
o State Environmental Planning Policy No. 65 – Design Quality Residential Apartment Development and Apartment Design Guide o State Environmental Planning Policy No. 55 – Remediation of Land o State Environmental Planning Policy (State and Regional Development) 2011 o State Environmental Planning Policy BASIX 2004 o State Environmental Planning Policy (Infrastructure) 2007 o Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 o State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 o State Environmental Planning Policy No. 1 – Development Standards o Draft State Environmental Planning Policy (Remediation of Land) o Draft Environment SEPP o Leichhardt Local Environmental Plan 2000 o Draft Inner West Local Environmental Plan 2020
The assessment of the proposal against the above Environmental Planning Instruments is as follows.
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• State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development and Apartment Design Guide
The proposal has been reviewed against the aims and objectives of the State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development (SEPP 65) and accompanying Apartment Design Guide (ADG). A comprehensive assessment of the proposal against the objectives of SEPP 65, the design quality principles and the accompanying ADG has been carried out.
A statement from a qualified Architect was submitted with the application verifying that they directed the design of the development. The statement also provides an explanation that verifies how the design quality principles are achieved within the development and demonstrates, in terms of the Apartment Design Guide (ADG), how the objectives in Parts 3 and 4 of the ADG have been achieved.
A detailed assessment of the proposed development is included in the following table overleaf.
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• SEPP 65 Assessment Table
Relevant Sections – SEPP 65 Consideration and Comments Consistent? Aims of Policy This policy aims to improve the design quality of residential • This is considered in detail below. See below apartment development in New South Wales. • Inner West Council does not have a Design Review Panel constituted under SEPP 65; however, Council has established an Architectural Excellence Panel (AEP) to provide high level independent expert advice and expertise on architectural quality/excellence. The Panel is intended to inform the assessment of certain DAs with a view to promoting the delivery of exceptionally high quality urban design, architecture and sustainable buildings in the local government area, and to ensure future developments add to the vibrancy, liveliness and attractiveness of the area. Clause 28 Determination of • The Panel has reviewed the proposed development twice, on 12 November 2019 and 31 January development applications 2020 and has met with the architect, landscape architect and urban planner for the project. A consent authority must consider: • The Panel’s meeting minutes have been provided to the Applicant, who has responded with changes a) the advice obtained from the to the design. design review panel (if any); • Council’s Urban Design Advisor has reviewed the current design submitted to Council in light of the Yes b) the design quality of the AEP’s previous recommendations and his comments are included below, along with responses by the development when evaluated in Applicant’s town planner, Mecone: accordance with the design quality principles; and Council’s Urban Design Advisor: 1. Deep Soil Area: c) the Apartment Design Guide. a. It is noted that a vehicular ramp has been added to the Level 1 Basement to provide a right-of-way access to the adjacent lot. This results in reduction of the deep soil area within the north western corner of the site. b. The Architectural Excellence Panel at the 31 January 2020 meeting had encouraged the applicant to consider planting an ‘iconic tree’ within this corner, to create a street presence and enhance a sense of place along Victoria Road. c. An addition of a vehicular ramp (below) and reduction in the deep soil area should ensure that
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healthy growth of the ‘iconic tree’ and its root system is achievable.
Applicant’s response: Mecone: Scott Carver’s Landscape team have confirmed that the amended basement layout is capable of still delivering the ‘iconic’ tree discussed at the January 2020 AEP meeting. They advise that structural soil or strata cells under the footpath to ensure tree root growth. The applicant is happy to receive a condition of consent to ensure the protection and retention of the tree in this location. Council’s Urban Design Advisor: 2. Waterloo Street Frontage: a. It is noted that a circular vehicular ramp connecting the loading dock with the lower ground floor has been added below the Live/Work units addressing Waterloo Street. An indoor plant for the Club has also been added to the south western corner of the site. b. The additions of these services have reduced the extent of active frontage to Waterloo Street, which could be avoided by relocating the Club plant room to the basement. The active frontage to Waterloo Street could be fully maximised by replacing the current plant room with ‘up and over’ apartments located above the carpark driveway.
Applicant’s response: Mecone: Noted. We confirm a circular ramp has been added to the lower ground floor in the south-west corner to enable the after-hours exit from the car park to Victoria Road; as negotiated with RMS and Council. The indoor plant for the Club level has been in the DA since original submission. It has not been added. It is correct that the curved ramp has had an impact on a small section of the frontage to Waterloo Street. However, the plant room has not changed and has been there since the original DA. We do not think it is appropriate to locate an apartment above the primary vehicle entry, as this would result in a unit overlooking the driveway and being imposed upon in terms of headlights and vehicle fumes; being immediately above a carpark entry.
Council’s Urban Design Advisor: 3. Heritage Lane: a. No amendments are noted to the building located at 699 Darling Street in respect to it being retained, including its roof form. Note that the previous referrals recommended that the ground floor component of the building be incorporated into the proposal. b. It is noted that retention of the roof form is difficult, given the content of the DCP guidelines and the history of the development. It is also noted that while the demolition is not a good heritage
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outcome, the applicant is trying to achieve a balance for the whole development to work well within its context. Applicant’s response: Mecone: The masonry façade and awning only is kept for 699 Darling St as per elevation (below) and floor plans. Scott Carver will update plans with text note for this. As Scott Carver has previously outlined; we are retaining the existing street front façade and awning. However, in behind the façade, the roof and associated building is being demolished for the following reasons: 1. The poor state of the existing building; 2. The urban design ambition of creating an activated lane connection through to the public square rather than an enclosed or semi enclosed arcade. This is very important. In our view a key and fundamental urban design move is to ensure that the public square is seen as always open, always publicly accessible. Indeed it is understood that in legal proceedings on a prior scheme and judgement, expert witnesses critiqued an arcade connection from Darling Street into the development under the premise of privatisation of the connection; 3. The open connection in behind the façade creates a laneway environment, allowing retail along the length of 697 Darling Street to open up onto it. 4. The open connection creates opportunities for deep soil landscaping and an open environment, that was discussed in depth with CM+, being Council Urban Design Peer Reviewers in preparing the amended DCP. 5. We believe the retention of the existing façade is retaining value to the streetscape conservation. However, creating an in effect arcade environment through retention of the roof, would in our view create a significantly reduced sense of public connection and communal ownership of a key link into the site. The open nature of this connection in turn plays a pivotal role in encouraging the supermarket patrons to connect back out to Darling Street and the existing retail to it. Fundamentally, the overall scheme has been designed to balance a significant number of sometimes competing priorities including traffic, creating a vibrant public plaza, ensuring connectivity to Darling Street, heritage enhancement and good urban design. The scheme in its current form seeks to achieve this sensitive balance, which is always necessary for a site this complex.
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Schedule 1 The proposal is evaluated in accordance with the design quality principles and the Apartment Consistent? Design quality principles Design Guide below. • The characteristics of Balmain and Rozelle reflect the attributes of “high street” commercial/retail, but this particular locality is not a main economic centre. • The architectural expression and the function of the development responds to the surrounding low- scale built forms and the suburban character of the area. • The proposal includes a licensed community Club and a supermarket, which will provide an anchor to 1: Context and neighbourhood the proposed public plaza and existing retail precinct and will have an important role in the future character Yes development and economic growth of the locality. • The public plaza is connected to Darling Street, Waterloo Street and Victoria Road through a series of laneways, in order to enable multiple connection points and to improve the permeability of the site. • Subject to the imposition of the recommended conditions, the proposal will not have significant detrimental impacts on the amenity of existing and future adjoining development. • The proposal is consistent with the height controls in Leichhardt LEP 2000 (LLEP). • The proposal will have an FSR of 3.9:1 (28,414m2) which complies with the maximum 3.9:1 requirement under LLEP 2000. • The proposal is generally compliant with the key development standards outlined in the LLEP2000 Schedule 1, Part 3 ‘Amended controls on specific sites – Balmain Leagues Club Precinct site’, Clause 4. Where it proposes to vary from these development standards is with respect to the mix of uses and the variation is supported by a SEPP 1 Objection. • The proposal is generally consistent with the desired future character and objectives of the site specific controls in Leichhardt DCP – Part D1. 2: Built form and scale Yes • The proposal is an appropriate built form for the site as it is well articulated and appropriately addresses the street frontages of Victoria Road, Waterloo Street and Darling Street. • The bulk of the development is focused on the eastern part of the site, along Victoria Road. The bulk and scale of the development is reduced to three storeys along Waterloo Street on the western portion of the site, in response to the existing lower scale development. Heights to Darling Street are comparable to adjoining buildings. • The proposed public plaza or plaza is located in the middle portion of the site and will be surrounded by active frontages including retail, commercial and Club uses. • Connections to the proposed public plaza from Victoria Road, Waterloo Street and Darling Street
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encourage views and vistas from the public domain into the plaza. • Green walls, varied setbacks above the podium and a differing façade expression assist in reducing the perceived bulk and scale of the development. • The building is of an appropriate density consistent with the future densities of the area as identified by the LLEP 2000. • The total GFA for the site is 28,417m2, which equates to an FSR of 3.9:1. This is in accordance with the LLEP 2000. 3: Density • The proposed density achieves a high level of residential amenity and will support a diversity of Yes complementary uses. • The development is endorsing the desired future character of Balmain Leagues Club Precinct as set out in LDCP 2000 and the proposed density is supported by future infrastructure including WestConnex. • A BASIX Certificate has been submitted, indicating that the building will satisfy the energy and water targets set by the BASIX SEPP. • The proposal is consistent with the ESD principles set out in the LDCP 2000. • The proposal also responds to sustainable building principles and best practice, and improves environmental performance through energy efficient design, technology, and renewable energy. 4: Sustainability • The proposal encourages sustainable transport choices, including use of public transport, walking and Yes cycling. • Apartments have been designed to provide a good level of cross-ventilation and solar access in mid- winter with 62.5% of units achieving cross ventilation and 70.73% of units achieving solar access. • The proposed design incorporates the use of passive strategies to reduce the demand on resources. • The proposal provides landscaping that integrates the development to the public domain by providing for canopy tree planting, green walls, and green roofs throughout the development. • 5: Landscape Deep soil landscaping is proposed where access to sunlight is available for plant growth • The proposal will achieve a landscape outcome for the communal open space areas and roof tops that Yes responds to the constraints of the site and will create functional areas providing a good level of amenity for occupants of the development. • The proposal satisfies relevant guidelines in respect to apartment size, access to sunlight, ventilation, 6: Amenity visual and acoustic privacy, storage, and access requirements, ensuring good amenity for the Yes occupants of the development.
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• There are a number of minor numerical non-compliances with separation design criteria; however, the objective of protecting the visual privacy between apartments is achieved. • Communal open space is provided for residents, in addition to private balconies. There are some minor numerical non-compliances with separation design criteria, however, the design includes appropriate privacy mitigation measures. • The development has been designed in accordance with the Crime Prevention Through Environmental Design standards. • The submitted SEE makes includes the following comments: “The centrally located public plaza has a number of uses around it to encourage all day activation. This includes Club, retail, and commercial uses. Above this, residential dwellings look out to the plaza 7: Safety and to Victoria Road. The laneways connecting from the streets to the plaza have the capacity to Yes benefit from passive surveillance and appropriately illuminated spaces. These lanes are generous in size and provide with high quality public domain treatments. They are lineal in configuration and provide clear lines of sight.” • The proposal provides natural surveillance of public areas and natural access control and territorial reinforcement by clearly differentiating between public and private space. • The proposal includes a mix of apartment sizes, providing a range of options for residents and housing choice for different demographics, living needs and household budgets. • There will A total of 167 residential units comprising: o 7 x studios o 55 x 1 bedroom dwellings o 10 x 1 bedroom dwellings + study 8: Housing diversity and social o 53 x 2 bedroom dwellings interaction o 39 x 3 bedroom dwellings Yes o 3 x live/work units. • The proposal includes a licensed Club and retail premises, which will provide social interaction opportunities for residents and visitors. • Where the development proposes to vary from the development standard LLEP2000 Schedule 1, Part 3 ‘Amended controls on specific sites – Balmain Leagues Club Precinct site’, Clause 4 with respect to the mix of uses, the variation is supported by a SEPP 1 Objection. • The large communal open spaces at roof level will provide opportunities for social interaction for
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residents.
• The proposal makes use of a variety of materials and finishes, allowing the development to respond to the varying context of Victoria Road, Darling Street, Waterloo Street and the proposed plaza. 9: Aesthetics • The aesthetics of the proposed building responds to the environment and local context and will Yes contribute to the desired future character of the area.
An assessment against the objectives of the ADG are summarised below:
Objectives Design Response Consistent? Part 3: Siting 3A Site analysis Site analysis illustrates that design • The proposal is informed by a site analysis, identifying opportunities and constraints of the site and decisions have been based on surrounding context. opportunities and constraints of the Yes site conditions and their relationship to the surrounding context. 3B Orientation • The site has an area of 7,330m2 and has frontages to Victoria Road, Waterloo Street and Darling Street. The intersection of Victoria Road and Darling Street represents the peak of a ridge running north east / south west. The frontage to Victoria Road is 97 metres and the land falls approximately 6.3 metres towards the Iron Cove Bridge to the north west. • The development proposes the removal of one of the two existing buildings on Darling Street to create Building types and layouts respond a link into the Heritage Lane. The facade and awning of the remaining building is to be maintained for to the streetscape and site while visual consistency and weather protection. Yes optimising solar access within the • The proposed building on Waterloo Street is consistent with the requirements of LDCP200 as it development. conforms with the residential scale, character, and materials of the existing terraces along the southern side of the street. • The built form on Victoria Road will be experienced predominately by people passing in cars. The scale of the development from a distance is broken down by stepping building heights which responds to the topography of the site. • Each street edge is treated to fit in with the local public domain character. The streets are linked via a
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series of lanes, to each other via the plaza. • Taller buildings are located along the Victoria Road frontage to maximise solar access to communal and public open spaces within the development in accordance with LDCP 2000 – Part D1. • LDCP – Part D1 requires that residential properties along Waterloo Street to the west receive direct Overshadowing of neighbouring sunlight for a minimum of three hours between 9am and 3pm in mid-winter. The proposal complies properties is minimised during mid- with this requirement. Yes winter. • The extent of overshadowing over adjoining commercial development to the south is considered
acceptable given the design response to the opportunities and constraints of the site. 3C Public domain interface • Passive surveillance is available from balconies and windows which overlook the public domain and public open space surrounding the site. Transition between private and • Building entries are located on different street frontages. The proposal incorporates awnings, signage Yes public domain is achieved without and considered visual elements to highlight building entry points off footpath. compromising safety and security. • The residential components of the development have clear entrances with foyers for casual interaction and these clearly delineate the public and private domain. • The ground floor contains commercial and retail tenancies to activate the public domain, including outdoor dining area, as well as residential foyers. The entrances to each component are well separated and have differences in design and architectural detailing to avoid confusion. Amenity of the public domain is Yes retained and enhanced. • Planting is provided along Victoria Road and Waterloo Street to improve the public domain. • The design positively addresses all street frontages with active façades and minimal use of blank walls. 3D Communal and public open space An adequate area of communal • 1623m2 of communal open space will be provided equating to 22% of the site area. Located at open space is provided to enhance podium and roof levels ensures access by residents only. This will be supplemented by the proposed residential amenity and to provide plaza (1400m2) to give a total of 3023m2 or 41.2% of site area. opportunities for landscaping • These spaces are well-designed, easily identifiable, accessible, and usable area. The objectives of • Communal open space has a LDCP – Part D1 with respect to communal open space are met. Yes minimum area equal to 25% of • Communal open space areas receive direct sunlight between 9am and 3pm on the 21st of June. the site • The common open space provided on Level 01 on the roof of the Club and facing towards the plaza • Developments achieve a receives minimal, mid-winter solar access between 9:00am and 3:00pm; however, this is considered
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minimum of 50% direct sunlight an acceptable design response having regard to the orientation of the site, residential amenity within to the principal usable part of the units and access to surrounding public open space areas, especially the plaza. In this regard, it is the communal open space for a important to note that the minimum solar access requirements to the plaza set out in LDCP 2000 – Part D1 are achieved. minimum of 2 hours between 9 • am and 3 pm on 21 June (mid- Indicative locations of open space areas are shown on the following diagram provided by the Applicant: winter) Communal open space is designed • The communal open space provided over various levels provides a diverse group of landscape spaces to allow for a range of activities, catering for two or more groups of residents and visitors. Spaces include seating areas, shade Yes respond to site conditions and be structures, and planting. attractive and inviting • Located at podium and roof levels ensures access by residents only. • Apartments are designed around the courtyard with windows and balconies providing a visual Communal open space is designed connection. Yes to maximise safety • For safety, along the edges of the common open space areas there will be a balustrade to provide separation between the resident’s activity zones and the edge of the building. Public open space, where provided, • Public open space provided in the form of the new plaza. This will enhance the neighbourhood by is responsive to the existing pattern providing connections from Darling St and between Victoria Rd and Waterloo St. Yes and uses of the neighbourhood 3E Deep soil zones • Deep soil zones meet the minimum ADG requirement with 530m2 (7%) deep soil area provided; however, LDCP 2000 – Part D1 requires a minimum of 733m2 (10%) of site area to be provided as deep soil. To achieve the objectives of the LDCP 2000 the proposed deep soil area is supplemented by 226m3 of continuous soil vault in the public plaza. Deep soil zones are to meet the • The locations of the deep soil areas are on the Waterloo and Victoria Road frontages, plus along the Yes following minimum requirements: proposed Heritage Lane. objective 7% deep soil zone and a minimum satisfied dimension of 6m • The total of the deep soil area and the soil vault equates to approximately 10% of the site area. It is considered that the deep soil areas proposed are a major improvement on the existing site conditions. • Having regard to the requirements of both the ADG and LDCP 2000 – Part D1, the proposed deep soil zones are generally provided where some access is available to sunlight to support appropriate plant growth. Where pedestrian access is provided within the deep soil zones this will incorporate
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permeable paving and seating spaces on decks, to maintain water infiltration. • Indicative locations of the proposed deep soil areas are shown on the following diagram: 3F Visual privacy • The purpose of setting guidelines for separation distances is to provide visual privacy between adjoining developments. • For the full height of Building C, along the north-western boundary (adjoining 168 Victoria Road and 17 Waterloo Street – note both properties are in the same ownership), the proposed development generally provides a 6m separation distance off the boundary. • As per the table in the ADG, separation distances from side boundaries is required to increase as the number of storeys rise. As Building C is over 9 storeys above Victoria Road, the separation distance Separation distances from building from the north-western boundary should increase from 6m to 12m for the topmost levels. However, the to boundary: controls in LDCP 2000 – Part D1 allow for a 6m setback off the north-western boundary (Building C) and also the north-eastern boundary (Building A). Height Habitable Non- rooms & habitable • There are portions of Building C that encroach into this setback. The Applicant has nominated that balconies rooms appropriate privacy treatments be incorporated into the design to minimise onlooking. It is considered Up to 12m (4 6 m 3 m translucent glass should be used on any window within the 6m setback to ensure visual privacy. storeys) Privacy panels are to be incorporated in the location of the windows and orientate windows away from Up to 25m (5- 9 m 4.5 m Yes. 8 storeys) the adjoining development. Subject to Over 25m (9+ 12 m 6 m • In addition, it is considered that the north-west facing balconies of the apartments in Building C that conditions. storeys) are within the minimum 6m setback also provide potential privacy impacts. These impacts would be minimised if the privacy screens around those balconies are to be a minimum of 1.6m high from the Separation distances between FFL of the balcony. buildings on the same site should • To ensure visual privacy of the adjoining properties is protected a condition is recommended requiring combine required building that the plans submitted for a construction certificate are to incorporate these measures. separations depending on the type • It is noted that the principal planning controls that apply to the adjoining properties are a 3 storey DCP of room. control and FSR of around 1:1. The Applicant has prepared an indicative built form and development envelope that demonstrates how this property could be feasibly redeveloped under the existing planning controls. The lower three levels of Building C (part of the podium) incorporate a blank wall and will therefore not provide opportunities for onlooking even if the adjoining properties were redeveloped. • A consistent 6m setback is provided from the north-eastern boundary for Building A. The proposal is setback from this boundary to accommodate Little Darling Lane.
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Site and building design elements • Privacy to courtyard apartments from communal open spaces at podium level is achieved by wall and increase privacy without landscape enclosure. compromising access to light and • Privacy between adjacent balconies and between apartments is achieved by a combination of blade Yes air and balance outlook and views walls and fixed louvre screens. from habitable rooms and private open space 3G Pedestrian access and entries • Building entries and pedestrian Entries to the residential buildings are either at the upper ground public domain level or at street level. access connects to and addresses • Both the residential and other land uses within the development have a clear entrance that can be Yes the public domain found by persons entering the site from the surrounding streets. Access, entries, and pathways are • Entries to the buildings are fully accessible and identifiable. Yes accessible and easy to identify Large sites provide pedestrian links • Pedestrian linkages are provided between Victoria Road and Waterloo Street as well as to Darling for access to streets and connection Street via the public plaza. Yes to destinations 3H Vehicle access • Existing vehicular access to the Site is presently provided via four driveways onto Victoria Road and 5 driveways onto Waterloo Street. Approximately 240 car parking spaces exist on-site. • Victoria Road is classified RMS road (MR165) that generally runs in a north-west to south-east direction to the north of the Site and carries approximately 33,140 vehicles eastbound per day with peak hour (morning and afternoon) flows of approximately 10,300 vph. • Waterloo Street is a local road that generally runs in a parallel direction to Victoria Road. Restricted Vehicle access points are to be kerbside parking is available on both sides of the road, along the site frontage. Waterloo Street carries designed and located to achieve a single lane of traffic in both directions and has a speed limit of 50km/h. safety, minimise conflicts between Yes • No Stopping restrictions are enforced on the southern side of Victoria Road past the Site. Clearways pedestrians and vehicles and create are in operation on weekdays from 6.00-10.00am and from 3.00-7.00pm. During weekends, clearways high quality streetscapes. are in operation from 8.00am-8.00pm. These restrictions applying to on-street parking necessitates that all car parking and servicing required for the development to be on-site. The location, design and operation of the vehicle access point are critical elements of the development. • New access arrangements to the site propose to separate larger service vehicles from cars, motorcycles, and bicycles. The development includes a service vehicle ingress and egress from Victoria Road with light vehicle ingress and egress from Waterloo Street.
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• To reduce late night traffic impacts on Waterloo Street, the amended proposal requires all vehicles egress the site via Victoria Road between 8pm and 5am. • Conditions are recommended for the following traffic calming measures to further reduce adverse impacts upon, and enhance safety for, the residents of Waterloo Street: o Design the Waterloo Street exit in the manner that precludes right turn movements onto Waterloo Street o Close the Waterloo Street exit after 8pm; thereby facilitating use of the Victoria Road exit o Loading dock management to restrict use of the loading dock after 8pm • The design and operation of vehicular access points for this development has been the subject of much deliberation and discussion between Council and the Applicant to ensure safe, efficient provision and management of on-site parking, loading facilities, and local traffic management. • A principal focus has centred on compliance with Part D1.14 Vehicular and pedestrian access of LDCP 2000. The main objective of Part D1.14 is to ensure that parking areas and entrances are configured so that the focus of heavy vehicle movements is Victoria Road and that traffic impacts on neighbouring residential areas are constrained. This objective is closely aligned with the objective of 3H – that is, ensuring the safety and minimising potential conflicts between pedestrians and vehicles. • The vehicle access points are designed to be integrated into the façade using materials and finishes similar to the remainder of the street frontages. Good separation distances are provided between the vehicle crossing and pedestrian entrances. Driveway locations balance the need to provide a safe access point with high quality streetscapes. 3J Bicycle and car parking • The development provides a total of 334 on-site car spaces in response to the requirements of the LDCP 2000. • Council and the Applicant have worked through various strategies to manage on-site car parking demand with the aim of controlling total traffic movements along Waterloo Street and minimise Car parking is provided based on amenity impacts upon residents. The control of these impacts is an important issue to local residents, proximity to public transport in Council and the Panel. The minimisation of traffic impacts on the surrounding streets is also a key Yes metropolitan Sydney and centres in objective of LLEP 2000 Schedule 1 Part 3 Clause 2 (d) which applies to this site: regional areas. (d) the traffic generated by the development does not have an unacceptable impact on pedestrian or motor vehicle traffic on Darling Street, Waterloo Street and Victoria Road, Rozelle,
• Council and the Applicant agree that this can be achieved by the multiple use of the commercial car parking spaces over a 24 hour / 7 day period. Detailed discussion on this point is provided in the
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internal referral response from Council Development Engineer/Transport Planner further on in this report. In summary, conditions are recommended requiring the total number of on-site car paces to be reduced to 321 and the allocation and separation of car parking for different land uses to be in accordance with the agreed strategy. • This is a variation from the numerical controls in LDCP 2000 but will provide a better planning outcome. In accordance with the requirements of LDCP 2000, conditions are recommended requiring a traffic and parking study to justify the on-site parking strategy and to ensure no impact on surrounding residential streets. • Subject to the recommended conditions, Council’s Development Engineer is satisfied that the proposed development generally complies with Part D1.15 Parking of LDCP 2000 • In addition, the Applicant has submitted a Green Travel Plan (GTP) to assist in the management of travel demand at the above site. The GTP provides a strategy that embraces the principles of sustainable transport and encourages use of transport modes that have a low environmental impact, such as active transport modes – walking, cycling, public transport, and better management of car use. • Conditions are recommended requiring the implementation of a Green Travel Plan which includes all potential users of the development, including visitors to the Club and restaurants.
Parking and facilities are provided • The development provides 192 bicycle spaces and 18 motorcycle spaces. Yes for other modes of transport. • This satisfies the requirements of the LDCP 2000.
• The development includes a service vehicle ingress and egress from Victoria Road with light vehicle ingress and egress from Waterloo Street. • To address amenity impacts of late night egress from the site on the neighbouring properties in Car park design and access is safe Waterloo Street, all egress from the site will be via Victoria Road between 8pm and 5am. Yes and secure. • The car park will have secure entry and vehicle and pedestrian movements within the car park can occur without unsafe conflict. • Residential, Club, retail, and commercial parking is designed in accordance with the requirements of AS2890.1.
Visual and environmental impacts of • On-site car parking will be in 3 basement levels. underground car parking are • Other than the vehicle entries, no part of the parking is visible. This satisfies the requirements of Yes minimised. LDCP 2000 – Part D1.
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• No on-grade car parking is to be provided; however, the loading dock and internal servicing areas of the development will be on ground level, with access driveways on Victoria Road and Waterloo Street. • The loading dock will be at (approximately) the Waterloo Street level; however, the vehicle entry is Visual and environmental impacts of located on Victoria Road and not visible from residential properties in Waterloo Street. Yes on-grade car parking are minimised. • These internal loading and servicing areas and access driveways appear well organised and are a significant improvement on the appearance of the existing multiple driveways on both streets and the multi-level open car park.
Visual and environmental impacts of • All parking is provided as basement parking. above ground enclosed car parking Yes are minimised.
Objectives Design response Consistent? Part 4: Building 4A: Solar and daylight access To optimise the number of • 70% of apartments receive 2 hours of sun between 9am and 3pm to living rooms and balconies. Refer apartments receiving sunlight to architectural drawings for demonstration of solar access. habitable rooms, primary windows • 12% of apartments receiving no direct sunlight between 9 am and 3 pm at mid-winter. and private open space: • At least 70% of apartments’ living rooms and private open spaces receive a minimum of 2 Yes hours direct sunlight between 9 am-3 pm in mid-winter • A maximum of 15% of apartments receive no direct sunlight between 9 am-3 pm in midwinter • The site is not overshadowed by adjacent development. Daylight access is maximised where • All apartments have habitable rooms that will receive daylight exceeding the minimum required by the Yes sunlight is limited BCA.
Design incorporates shading and • Sun control for apartments facing a generally northern or westerly direction is provided by deep Yes
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glare control, particularly for warmer balconies. months • The Applicant has submitted BASIX/ESD reports nominating that where living areas are located on the outside face of the façade (to maximise solar access), glazing is to be provided in accordance with the BASIX requirements to minimise solar heat gain. Glare control to be by provision of internal blinds. 4B Natural ventilation • All habitable rooms are naturally The building’s orientation allows for the capture of prevailing breezes for natural ventilation. Yes ventilated • All habitable rooms are naturally ventilated with open balconies, openable windows, or doors.
• The internal depth of all single aspect units has been kept to a minimum, allowing living spaces to be within close proximity to openings. Apartments are designed to minimise the number of corners, doors and rooms that might obstruct airflow. • There are 2 single aspect apartments which are split (double storey) in Building C (Levels 8 and 9). These will provide naturally occurring ventilation in each. The basic requirements for this type of The layout and design of single ventilation are met by the apartments being over 2 levels. In other words, there will be an entrance aspect apartments maximises and an exit for air, and the pressure of the air entering the space will be different to the pressure of the Yes natural ventilation. air leaving. • The development also includes a number of what are strictly speaking single-aspect apartments; however, the majority of these are designed with additional ‘corners’ to enable some degree of cross ventilation (refer to the example circled in red below – Building A Level 2))
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The number of apartments with • 55 single level, single aspect apartments are proposed out of the total of 153 apartments on the first 9 natural cross ventilation is storeys of the development. This equates to 36% - leaving 64% of all apartments on the first 9 storey maximised to create a comfortable naturally cross ventilated. indoor environment for residents: • No apartments exceed 18 m in depth. • at least 60% of apartments are naturally cross ventilated in the first nine storeys (apartments Yes 10-storeys or greater are deemed to be cross ventilated) • Overall depth of a cross-over or cross-through apartment does not exceed 18 m, measured from glass to glass 4C Ceiling heights Ceiling height achieves sufficient • The residential areas of the development propose a minimum 3.1m floor to floor height to facilitate the Yes
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natural ventilation and daylight required 2.7m ceiling height for habitable rooms. Non-habitable rooms can achieve a minimum 2.4m access. Measured from finished ceiling height. floor level to finished ceiling level, • Other land uses in the development will have the following floor to floor heights: minimum ceiling heights are: Supermarket - 6m o Habitable 2.7 m o Club - 5m rooms o Retail – 5m Non-habitable 2.4 m o Commercial – 3.6m rooms • Residential ceiling heights are sufficient to allow adequate ventilation and daylight within apartments 2 storey 2.7 m for main apartments living area floor and will provide a sense of space within apartments. 2.4 m for second • The achievable ceiling heights within other land uses will promote future flexibility of those spaces. floor, where its area does not exceed 50% of the apartment area Attic spaces 1.8 m at edge of room with a 30 degree minimum ceiling slope If located in 3.3 m for ground mixed use and first floor to areas promote future flexibility of use
4D Apartment size and layout The layout of rooms within a • All apartments comply with the minimum internal area. apartment is functional, well • Habitable rooms have a window or an external wall or a door / window onto the balcony and exceed organised and provides a high the 10% requirement. standard of amenity. • Apartments are required to have Yes the following minimum internal areas: Apartment type Min. internal area Studio 35 m2 1 bedroom 50 m2
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2 bedroom 70 m2 3 bedroom 90 m2 Additional bathrooms +5 m2 / bathroom Additional bedrooms +12 m2 / bedroom • Every habitable room must have a window in an external wall with a total glass area of not less than 10% of the floor area. Daylight and air may not be borrowed from other rooms. Environmental performance of the • The depths of all habitable rooms comply except for 9 cross-through apartments (one on each of apartment is maximised: levels 2 to 10), which are 10m to the back of the kitchen. However, the distance measured from the • Habitable room depths are balcony door to the front of the kitchen is 8m. limited to a maximum of 2.5 x • These particular apartments will achieve excellent cross ventilation and good solar access. the ceiling height (2.7 m) Yes • In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8 m from a window Apartment layouts are designed to • Master bedrooms are minimum 10m2. accommodate a variety of • Other bedrooms are minimum 9m2 as recommended by the guidelines. household activities and needs: • • Master bedrooms have a Bedrooms have minimum dimensions of 3m. minimum area of 10 m2 and • Combined living / dining rooms have minimum dimensions of 4m. other bedrooms have 9 m2 • All cross-through apartments are at least 4m wide. (excluding wardrobe space) • Bedrooms have a minimum Yes dimension of 3 m (excluding wardrobe space) • Living rooms or combined living / dining rooms have a minimum width of 3.6 m for studio and 1 bed apartments and 4 m for 2 and 3 bed apartments
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• The width of cross-over or cross-through apartments are at least 4 m internally to avoid deep narrow apartment layouts 4E Private open space and balconies Apartments provide appropriately • All apartments provide open space in the form of balconies or private courtyards. sized principal private open space • All balconies and private courtyards comply. and balconies to enhance residential amenity: Dwelling Min. Min. type area depth Studio 4 m2 - 2 1 bedroom 8 m 2 m Yes 2 bedroom 10 m2 2 m 3+ bedroom 12 m2 2.4 m Minimum depth to count towards area is 1m. Private open space on the ground level has a minimum area of 15m2 and a minimum depth of 3m Primary private open space and • Primary private open space areas are located adjacent to the living room, dining room or kitchen. balconies are appropriately located Yes to enhance liveability for residents. Private open space and balcony • The private open space is well designed and is integrated with the building architecture. design is integrated into and • Balcony design is a significant contributor to the overall aesthetic of the building. contributes to the overall Yes architectural form and detail of the building. Private open space and balcony • The balustrade design is to meet BCA requirements for safety. Yes design maximises safety. 4F Common circulation and spaces Common circulation spaces achieve • Buildings A, B, C provided with dual lifts each servicing 68, 46 and 46 apartments, respectively. Yes good amenity and properly service Average 27 apartments share a single lift. Building D (fronting Waterloo Street) has one lift for 3
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the number of apartments: live/work units and 4 apartments. • Maximum number of • As this is a building over 10 storeys, the maximum number of apartments sharing a single lift is 40. apartments off a circulation core The development complies with this requirement. is eight (or no more than 12 • The number of apartments off each dual lift core on a single level is averages less than eight. apartments). • The underlying objective of this guideline is to achieve good amenity along circulation corridors. • For buildings of 10-storeys and Common circulation spaces are of generous width and provided with access to light and ventilation over, the maximum number of and provide direct and legible access between the lift cores and apartment entries. apartments sharing a single lift is 40. Common circulation spaces promote safety and provide for social interaction between residents. 4G Storage Adequate, well designed storage is • A minimum of 50% of required storage is proposed inside the apartment and the other 50% located provided in each apartment. In within the basement levels. addition to storage in kitchens, • Additional storage above the minimum requirements is proposed in the residential parking basement bathrooms and bedrooms, the and will be allocated to specific apartments. following storage is provided: • No storage is included on the balcony. Dwelling Storage size type volume Studio 4 m3 1 bedroom 6 m3 Yes 2 bedroom 8 m3 3+ bedroom 10 m3
With at least 50% located within the apartment.
Additional storage is conveniently located, accessible and nominated for individual apartments. 4H Acoustic privacy
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Noise transfer is minimised through • The open plan apartment arrangement groups kitchen and living spaces together. Bedrooms and the siting of buildings and building bathroom spaces generally have offset entries and openings with respect to primary living spaces. layout. • Bedrooms are not positioned along common walls with the living rooms of adjoining apartments. Yes Noise impacts are mitigated within apartments through layout and acoustic treatments. 4J Noise and pollution In noisy or hostile environments, the • The Applicant’s Acoustic Report makes recommendations to ensure nominated criteria are met, impacts of external noise and particularly in relation to glazing. pollution are minimised through the careful siting and layout of buildings. Yes Appropriate noise shielding or attenuation techniques for the building design, construction and choices of materials are used to mitigate noise transmission. 4K Apartment mix • A variety of apartment sizes and types will be provided: • 7 x studios • 55 x 1 bedroom dwellings • 10 x 1 bedroom dwellings + study A range of apartment types and • 53 x 2 bedroom dwellings sizes is provided to cater for • 39 x 3 bedroom dwellings different household types now and • 3 x live/work units. into the future. Yes • The apartment mix is distributed to This quantity and mix are suitable for the housing needs of the area are accommodated and suitable locations within the appropriately located within the building as demonstrated by the following table: building. Level Dwelling Type TOTAL Upper Ground 3 live/work 3 Upper Ground Mezzanine 2 studio + 2 x 1br 4 Level 01 1 studio + 3 x 1br + 5 x 2br 9
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Level 01 + 02 (double storey) 4 x 2br 4 Level 02 2 studio + 8 x 1br + 5 x 2br + 3 x 3br 18 Level 02 + 03 4 x 2br 4 Level 03 2 studio + 8 x 1br + 5 x 2br + 3 x 3br 18 Level 04 7 x 1br + 7 x 2br + 5 x 3br 19 Level 05 7 x 1br + 5 x 2br + 4 x 3br 16 Level 06 7 x 1br + 5 x 2br + 4 x 3br 16 Level 07 7 x 1br + 5 x 2br + 4 x 3br 16 Level 08 5 x 1br + 3 x 2br + 4 x 3br 12 Level 08 + 09 (double storey) 1 x 2br + 3 x 3br 4 Level 09 4 x 1br + 2 x 2br + 4 x 3br 10 Level 09 + 10 (double storey) 1 x 3br 1 Level 10 5 x 1br + 2 x 2br + 2 x 3br 9 Level 11 2 x 1br + 2 x 3br 4 TOTAL 167
4L Ground floor apartments Street frontage activity is maximised • There are no ground floor residential apartments. where ground floor apartments are located. Yes Design of ground floor apartments delivers amenity and safety for residents. 4M Facades • The proposed development has 2 main facades – to Victoria Road and Waterloo Street. Building facades provide visual • The Victoria Road facade makes a statement by the inclusion of the metal clad standing seam building interest along the street while recesses and balcony metal work. On Waterloo Street, low scale brick buildings have been proposed Yes respecting the character of the local to closely relate to the established surrounding area. Overall, the facades are well articulated. area. • The selection of materials and finishes for the development includes changes in texture, material detail and colour. The use of brick and mid-range colours such as bronze metal blades and glazing; along
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with dark metal balustrades and window framing, allows the building to express its detail whilst blending into the built environment. • Vertical greening is a key identifier of the development from the public domain with planted green facade providing screening to the terrace along Victoria Road. • Along Darling Street, the development incorporates the retention of building facades in support of the conservation area.
Building functions are expressed by • The residential, Club, commercial and retail functions of the building are expressed with identifiable Yes the façade. entries. The building satisfactorily addresses Victoria Road, Darling Street and Waterloo Street. 4N Roof design • Roof edges to Buildings A, B and C are expressed as horizontal edges completing the geometric form of the buildings. • Roofscapes in Waterloo St respond to the scale and materiality of the surrounding residential Roof treatments are integrated into neighbourhood. the building design and positively Yes • respond to the street. Mechanical plant or solar panels placed on the roof of Buildings A, B and C will be located amongst the landscaping proposed to be incorporated to create green roof space (refer to the submitted landscape drawings for details) and will not be readily visible from the street except from a considerable distance away from the site. 4O Landscape design • The Applicant has submitted an Arboricultural Impact Assessment. 4 trees on the Waterloo Street frontage of the site are nominated for removal and replacement with species in accordance with the associated Landscape documentation for the development. • 2 trees within the neighbouring properties and adjacent on the road reserve are to be preserved and Landscape design is viable and will be retained and protected through the implementation of adequate measures for their integration sustainable. into the development by the application of appropriate technology. Yes Landscape design contributes to the • New landscaping includes a mixture of native and non-native plants and trees. streetscape and amenity. • Planting is utilised in vertical and horizontal forms within the lanes and public spaces and will include deciduous shade trees, mass gardens, raised planters on slab, green walls, green facades. • In addition to the provision of amenity the incorporation of the landscaped roofs and facades enhances sustainability through improved air quality, insulative properties, noise attenuation and biodiversity. • Plants have been selected for their hardiness, practicality, and ease of maintenance.
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• Although the extent of deep soil planting around the perimeter is limited, Council will require the Applicant to provide new trees to be planted within the footpath outside the subject property. 4P Planting on structures • While the proposed design is feasible, Council’s Tree Assessment Officer requires further design detail to ensure that appropriate soil profiles are provided for planting on slabs, with structures Appropriate soil profiles are reinforced for additional saturated soil weight. A deferred commencement condition to this effect is provided. recommended Plant growth is optimised with Yes appropriate selection and • A detailed planting schedule is provided as part of the landscape DA drawing package. Selected Subject to maintenance. plants are tolerant for growing in planters and on rooftops. conditions Planting on structures contributes to • In addition to the provision of amenity the incorporation of the landscaped roofs and facades enhances the quality and amenity of sustainability through improved air quality, insulative properties, noise attenuation and biodiversity. communal and public open spaces. • Planting on structures, including the landscaping of the public plaza, will add to the quality and amenity of the locality. 4Q Universal design Universal design features are • The Applicant has submitted an Access Report with this application. included in apartment design to • The submitted architectural plans nominate 20% of apartments that will incorporate Liveable Housing promote flexible housing for all Guidelines Silver Level Universal design features. community members (Developments achieve a benchmark of 20% of the total apartments incorporating the Liveable Housing Guidelines silver Yes level universal design features). A variety of apartments with adaptable designs are provided. Apartment layouts are flexible and accommodate a range of lifestyle needs. 4S Mixed use • The development actively addresses all street frontages. Mixed use developments are Yes provided in appropriate locations • The residential entry, Club/commercia/retail entries and services area are appropriately separated,
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and provide active street frontages and concealment opportunities are minimised. that encourage pedestrian • The development can be readily accessed by public transport. movement.
Residential levels of the building are • Residential circulation areas are clearly defined, and communal open space is well located and easily integrated within the development, identifiable. and safety and amenity is Yes maximised for residents.
4T Awning and signage • Proposed awnings for the retail component along Victoria Road and Little Darling provide shade and weather protection over public footpaths. • Awnings are well located and The height, depth, material, and form of awnings complements the development. • Signage will be required by the retail uses and will be the subject of future applications (i.e. complying complement and integrate with the Yes building design. development or DA).
4U Energy efficiency • The development meets BASIX water, thermal and energy efficiency targets. Development incorporates passive • Buildings and apartments have been orientated to achieve good solar access and achieve natural environmental design. optimum ventilation. • Good ventilation is provided to circulation areas. Development incorporates passive solar design to optimise heat • The Applicant has submitted an ESD, NCC Section J and BASIX Assessment Report, which recommends that solar panels are incorporated into the rooftop on Building A, the roof on Level 6 storage in winter and reduce heat Yes transfer in summer. Building C, and the roof over the Club (Level 1 – Commercial) . In order to reach the total Energy score under BASIX, a 170 kW PV system may be considered for the development. The exact sizing, Adequate natural ventilation configuration and final design will need to be completed during the design stage. minimises the need for mechanical • In order to minimise the visual impact of any solar panels upon surrounding properties or the public ventilation. domain, a condition is recommended requiring that prior to the issue of an Occupation Certificate, the Principal Certifier must verify that the Solar panels have the same pitch and angle as the roof plane.
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4V Water management and conservation Potable water use is minimised. • Water efficient fittings and appliances will be installed. Urban stormwater is treated on site • The Applicant’s ESD, NCC Section J and BASIX Assessment Report has recommended water before being discharged to sensitive design initiatives to minimise consumption include water-efficient fittings and fixtures, water- receiving waters. efficient appliances and low-water use air-conditioning and irrigation systems. Yes • The site is not affected by flooding. Flood management systems are integrated into site design.
4W Waste management • A Waste Management Plan has been prepared for the ongoing management of waste and to ensure Waste storage facilities are waste is managed to reduce the amount of waste and recyclables to land fill. designed to minimise impacts on • Waste storage is provided at ground floor with separate waste rooms for residential, and other land the streetscape, building entry and uses. amenity of residents. • The floor area of the residential bin storage room (106m2) is adequate to store the mix of 660L and Yes Domestic waste is minimised by 240L bins proposed. providing safe and convenient • Council’s Resource Recovery Officer has advised that the residential bulky waste storage area (31m2) source separation and recycling. is adequate. • Conditions have been recommended concerning ongoing waste management and collection. 4X Building maintenance Building design detail provides • Material selection is intentionally robust, reducing ongoing maintenance requirements. protection from weathering. Systems and access enable ease of maintenance. Yes Material selection reduces ongoing maintenance costs.
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• State Environmental Planning Policy No.55 – Remediation of Land
The requirements of State Planning Policy No. 55 – Remediation of Land, apply to the subject site. In accordance with Clause 7 of SEPP 55, the consent authority must consider if the land is contaminated. If it is contaminated, is it suitable for the proposed use and if it is not suitable, can it be remediated to a standard such that it will be made suitable for the proposed use.
The site has been used in the past for activities which could have potentially contaminated the site. The site history indicates development across the site in the late 1800s and early 1900s along Darling Street with retails shops including fishmongers, butchers, furniture warehouse, chemist, grocers, video hire; Victoria Road included numerous residential dwellings; the current Balmain Leagues Club was developed in the early 1960s at 138-152 Victoria Road with the three-storey carpark constructed in the late 1960s. The property at 154 Victoria Road has been a mechanical workshop since the 1960s with two associated underground storage tanks (USTs). It is considered that the site will require remediation and validation in accordance with SEPP 55. A limited Contamination Assessment was carried out in January 2020. It is noted that the Contamination Assessment was limited due to site access constraints. A revised Remedial Action Plan (RAP) was submitted by the Applicant in March 2020. This RAP has been prepared in accordance with current regulatory guidelines made or approved by the NSW EPA. The objectives of the RAP were to:
• Comply with the requirements of SEPP 55 and Inner West Council Development Application (D/2018/219) which states that ‘Council will require an up to date RAP’ that supersedes a previous RAP that was prepared by AECOM in 2009. • Ensure that the site will be suitable for the proposed mixed-use development and will not pose an unacceptable risk (in regard to contamination) to site users or the surrounding environment. Given the proposed depth of the basement and nature of the development requiring the removal of bulk material from the site, the act of excavation (including dewatering) would effectively constitute an excavation and offsite disposal remedial strategy and will result in remediation of the site so that it is suitable for the proposed land use. The overarching approach outlined in the RAP is to remove and validate localised areas of contamination, after which the remedial works will mainly be for waste classification purposes. Since the most recent RAP was prepared, The Applicant has submitted further revised plans proposing a third basement level. The contamination documents have been reviewed and Council’s Environmental Health officer has found that the site can be made suitable for the proposed uses after the completion of the RAP; however the RAP is required to be updated to properly consider the additional basement level. Accordingly, a deferred commencement condition is recommended requiring the RAP to be further revised and for Council to review the final findings and recommendations prior to the consent becoming operational. It is vital to ensure that the recommended remediation works are agreed, are undertaken properly, and the site validated, in accordance with Clause 7 of SEPP 55.
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• State Environmental Planning Policy (State and Regional Development) 2011
The application meets the criteria for regional development under Clause 2 of Schedule 7 of the State Environmental Planning Policy (State and Regional Development) 2011 being ‘general development’ with a Capital Investment Value over $30 million. As a result, the application is referred to the Sydney Eastern City Planning Panel (SECPP) for determination.
• State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004
The development application (DA) stage of all new residential dwellings in New South Wales (NSW) requires a BASIX certificate. This applies to all new NSW dwellings that cost $50,000 or more.
A BASIX Certificate was submitted with the application, and it has been updated to reflect the most current architectural design (Certificate number: 904484M_05 Date of issue: Friday, 31 July 2020) indicating that the proposal achieves full compliance with the BASIX requirements. Appropriate conditions are included in the recommendation to ensure the BASIX Certificate commitments are implemented into the development.
• State Environmental Planning Policy (Infrastructure) 2007
Clause 45 (1) of State Environmental Planning Policy (Infrastructure) 2007 (ISEPP 2007) requires
(1) This clause applies to a development application (or an application for modification of a consent) for development comprising or involving any of the following—
(a) the penetration of ground within 2m of an underground electricity power line or an electricity distribution pole or within 10m of any part of an electricity tower,
(b) development carried out—
(i) within or immediately adjacent to an easement for electricity purposes (whether or not the electricity infrastructure exists), or
(ii) immediately adjacent to an electricity substation, or
(iii) within 5m of an exposed overhead electricity power line,
(c) installation of a swimming pool any part of which is—
(i) within 30m of a structure supporting an overhead electricity transmission line, measured horizontally from the top of the pool to the bottom of the structure at ground level, or
(ii) within 5m of an overhead electricity power line, measured vertically upwards from the top of the pool,
(d) development involving or requiring the placement of power lines underground unless an agreement with respect to the placement underground of power lines is in force between the electricity supply authority and the council for the land concerned. This application was referred to Ausgrid and a response was received on 30 July 2019. No objections are raised. Conditions have been provided. The subject site has a direct frontage to Victoria Road and proposes ingress and egress from that road for service vehicles. Victoria Road is a classified road.
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Clauses 101, 102 and 104 of ISEPP 2007 are to be considered by the consent authority in the assessment and determination of this application. In accordance with clause 101 (2) of the ISEPP 2007, the consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:
a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of— (i) the design of the vehicular access to the land, or (ii) the emission of smoke or dust from the development, or (iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road. Clause 102(1)(a) applies to residential developments which are likely to be affected by noise and/or vibration from roads with an annual average daily traffic volume of more than 20,000 vehicles. The daily traffic volumes on Victoria Road exceeds this threshold. The proposal is required to be considered under the provisions of Clause 102 (3) which requires that:
3) If the development is for the purposes of residential accommodation, the consent authority must not grant consent to the development unless it is satisfied that appropriate measures will be taken to ensure that the following LAeq levels are not exceeded— a) in any bedroom in the residential accommodation—35 dB(A) at any time between 10 pm and 7 am, b) anywhere else in the residential accommodation (other than a garage, kitchen, bathroom or hallway)—40 dB(A) at any time. The development is of a size and proximity to the Classified road that it is considered a traffic generating development under Clause 104 as listed under Schedule 3 of the ISEPP 2007. Clause 104 (3) requires that:
3) Before determining a development application for development to which this clause applies, the consent authority must—
a) give written notice of the application to RMS within 7 days after the application is made, and b) take into consideration— (i) any submission that RMS provides in response to that notice within 21 days after the notice was given (unless, before the 21 days have passed, RMS advises that it will not be making a submission), and (ii) the accessibility of the site concerned, including— (A) the efficiency of movement of people and freight to and from the site and the extent of multi-purpose trips, and
(B) the potential to minimise the need for travel by car and to maximise movement of freight in containers or bulk freight by rail, and
(iii) any potential traffic safety, road congestion or parking implications of the development.
This application was referred to Transport for NSW (TfNSW) on three occasions in accordance with clauses 101 and 104 and also for concurrence under Section 138 of the Roads Act, 1993.
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TfNSW advised Council that the site is located within the future CBD Metro corridor identified under the ISEPP 2007 and pursuant to the provisions of Clause 88 (5), in determining whether to provide concurrence, TfNSW is required to take into consideration the likely effect of the proposed development on:
(a) the practicability and cost of carrying out rail expansion projects on the land in the future, and (b) without limiting paragraph (a), the structural integrity or safety of, or ability to operate, such a project, and (c) without limiting paragraph (a), the land acquisition costs and the costs of construction, operation or maintenance of such a project.
• Clauses 101 and 104 On 3 August 2020, TfNSW, having considered the provisions of clauses 101 and 104 of the ISEPP 2007, granted concurrence to the development proposed in development application D/2018/219, subject to Council imposing conditions to protect the CBD Metro Corridor including:
o a condition requiring the design and construction of the basement levels, foundations, and ground anchors for the approved development to be completed to the satisfaction of TfNSW; and
o a condition specifying that no modifications may be made to the approved design without the consent of TfNSW. On 5 August 2020, TfNSW (Roads and Maritime) advised that concurrence under Section 138 of the Roads Act 1993 would be granted, for the proposed Victoria Road access arrangements, subject to Council’s approval, previous concurrence requirements (provided on 2 June 2020) remaining applicable and the following requirement being included in the development consent:
“The subject property is within the WestConnex M4-M5 Link project boundary and is subject to construction impacts. To allow for the construction and operation of WestConnex, TfNSW is in the process of acquiring subsurface land (in this case, land underneath 138-152 Victoria Road Rozelle) to form the underground road corridor. As such, a section of this property will become limited in stratum. A property condition survey is offered to all properties within 50 metres of the tunnel alignment and construction sites both before and after construction.
A specialist engineering assessment, including 3-dimensional finite element (FE) modelling analysis undertaken by an appropriately qualified and experience geotechnical/tunnelling engineer that identifies the implications of the development on the road infrastructure shall be submitted to TfNSW for approval prior to issue of the construction certificate. In addition, specific attention to those that involve the penetration of ground to a depth of at least 3m below ground level (existing) and/or greater than 50Kpa loading at founding level. The proponent will be required to demonstrate that the proposed development does not result in any adverse effects on the strength capacity, durability, design life and water control system performance of the adjacent infrastructure.
Please send all documentation to [email protected].” In light of the above, and subject to the recommended conditions, it is considered the requirements relating to clauses 101 and 104 of the ISEPP 2007 have been met.
• Clause 102 Clause 102(2) also requires the consent authority to consider any guidelines that are issued by the Director-General for the purposes of this clause and published in the Gazette. The supporting
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guidelines (as published by the Department of Planning in 2008) guide development adjacent to railway lines and along motorways, tollways, freeways, transit ways and other 'busy' roads. Mandatory noise assessment is required for the development as Victoria Road has a traffic volume of more than 40,000 vehicles per weekday. For new residential developments, internal noise levels of 35 dB (A) have been set for bedrooms during the night-time period and 40 dB (A) for other habitable rooms. Pursuant to Clause 102(3) a consent authority is prohibited from granting consent to residential development adjacent to a road corridor or freeway unless it is satisfied that appropriate measures will be taken to ensure that the above-mentioned LAeq levels are not exceeded. Acoustic assessments and recommendations were prepared by Acoustic Logic Consultancy Pty Ltd dated 12 April 2018, 7 August 2019, 22 September 2019, and 7 May 2020 in respect of:
• Traffic noise intrusion into the development from surrounding roadways including Victoria Road; • Mechanical plant noise emissions in principle. • Noise emissions from the proposed loading dock to the surrounding receivers. • Noise emissions from the proposed Balmain Leagues Club to surrounding receivers. • Impacts in relation to the proposed Metro Rail This information has been reviewed by Council’s Environmental Health Officer and found to be satisfactory. Therefore, the proposed development is considered that it can mitigate acoustic impacts for apartments presenting to Victoria Road and achieve benchmark noise levels to satisfy the provisions of Clause 102; and a condition is recommended requiring the implementation of the recommendations contained in the acoustic reports prepared by Acoustic Logic, dated 7 August 2019 and 7 May 2020.
• Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.
The Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 contains visual, environmental, and heritage provisions which are required to be addressed and satisfied.
The subject site is located within the Sydney Harbour Catchment but is not located within the Foreshores and Waterways Area, Wetlands Protection Area or identified as a Strategic Foreshore Site.
The site is approximately 600 metres from Iron Cove and would be visible from the waterway. Iron Cove comprises a number of residential developments at Birkenhead Point and Rozelle (Balmain Shores and Balmain Cove).
Clause 21 of the Sydney Regional Environmental Plan deals with biodiversity, ecology, and environmental protection. Having regard to the matters listed under clause 21 it is considered that;
• subject to the recommended conditions for the management of stormwater, the development should have a neutral or beneficial effect on the quality of water entering the waterways;
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• given the distance of the subject site from the shore it is unlikely that the proposal would significantly impact on the shoreline; and • no wetland, environmentally sensitive or items of heritage (as provided by the Sydney Harbour Catchment) will be affected by the development
• State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 concerns the protection/removal of vegetation identified under the SEPP and gives effect to the local tree preservation provisions of Council’s DCP.
An Arboricultural Impact Assessment and Tree Management Plan has been submitted with this application. This report considers 6 trees, 4 trees within the site, 1 tree on a neighbouring property and 1 tree on the adjacent road reserve with Trees 1 & 4 to be retained and protected and Trees 2, 3, 5 & 6 are recommended to be removed (refer to the table below). For Tree 1 & 4 the alignment of the development is a minor encroachment but is sufficiently setback to not affect these specimens.
Council’s Tree Management Officer has reviewed this application and raises no objections subject to the imposition of suitable conditions, which have been included in the recommendation of this report. In summary, it is considered the proposed development effectively satisfies competing planning controls for the site, which includes car parking, accessibility, and stormwater requirements, which restrict opportunities for deep soil provision. The deep soil proposed is an improvement on existing site conditions. The proposed development is considered acceptable with regard to the Vegetation SEPP.
• State Environmental Planning Policy No 1—Development Standards
As evidenced in the table (Table 1 providing an assessment of the proposed development against the relevant development standards in LLEP 2000, the proposed development does not comply with respect to the maximum commercial and residential floor space ratio (FSR) controls in clauses 4 (c) and (e) of Part 3 of Schedule 1 of LLEP 2000.
It is noteworthy that the proposed development satisfies the overarching maximum FSR control applying to the site of 3.9:1, set out in clause 4 (a) of Part 3 of Schedule 1 of LLEP 2000.
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The application has been accompanied by a State Environmental Planning Policy No. 1 written objection in respect of these development standards and seeks a variation to provide additional residential and commercial floor space above the maximums permitted.
State Environmental Planning Policy – Development Standards makes development standards more flexible. It allows Councils to approve a development proposal that does not comply with a set standard where this can be shown that compliance with the standard would be unreasonable or unnecessary.
The following assessment of the State Environmental Planning Policy No.1 - Development Standards (SEPP 1) objection applies the principles arising from Hooker Corporation Pty Limited v Hornsby Shire Council (NSWLEC, 2 June 1986, unreported) by using the questions established in Winten Property Group Limited v North Sydney Council (2001) NSW LEC 46 (6 April 2001) and as reiterated in Wehbe v Pittwater Council (2007) NSW LEC 827. In applying the principles set out in the Winten case, the SEPP 1 Objection has been considered by reference to the following tests:
• Is the planning control in question a development standard?
The planning controls in question are the floor space ratio for all commercial premises and residential development on the site in clauses 4 (c) and (e) of Part 3 of Schedule 1 of LLEP 2000.
The EP&A Act defines a development standard as being a provision by or under which requirements are specified or standards are fixed in respect of any aspect of that development, including requirements or standards in respect of (c) the floor space ratio for all commercial premises and (e) the floor space ratio for all residential development on the site. As these restrictions are development standards, any variation of this standard requires a SEPP 1 objection, as has been prepared in this case.
• What is the underlying purpose of the standard?
The LLEP 2000 does not include specific objectives for these development standards. Therefore, consideration is given to the objectives of the Balmain Leagues Club Precinct site, as set out in clause 2 of Part 3 of Schedule 1 of the LLEP 2000. The objectives of the zone are as follows:
(a) the development integrates suitable business, office, residential, retail, and other uses so as to maximise public transport patronage and encourage walking and cycling, (b) the development contributes to the vibrancy and prosperity of the Rozelle Commercial Centre with an active street life while maintaining residential amenity, (c) the development is well designed with articulated height and massing providing a high-quality transition to the existing streetscape, (d) the traffic generated by the development does not have an unacceptable impact on pedestrian or motor vehicle traffic on Darling Street, Waterloo Street and Victoria Road, Rozelle, (e) any residential development at street level has a frontage to Waterloo Street, Rozelle and, when viewed from the street, has the appearance of no more than three storeys.
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• Is compliance with the development standard consistent with the aims of the Policy, and in particular, does the development standard tend to hinder the attainment of the objects specified in s.5(a)(i) and (ii) of the Act?
The aim of the Policy in question is set out at clause 3 of SEPP 1, and seeks to provide flexibility in the planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the EP& A Act.
Wehbe V Pittwater Council (2007) NSW LEC 827 (21 December 2007) sets out ways of establishing that compliance with a development standard is unreasonable or unnecessary. It states:
'An objection under SEPP 1 may be well founded and be consistent with the aims set out in clause 3 of the Policy in a variety of ways. The most commonly invoked way is to establish that compliance with the development standard is unreasonable or unnecessary because the objectives of the development standard are achieved not withstanding non-compliance with the standard.'
Accordingly, the following assessment considers the objection made by the Applicant against objectives in 2. above. It is considered that the proposal satisfies these objectives as it: • provides a complementary mix of residential and employment generating land uses (commercial, retail and Club) and is well located in relation to bus transport and is within cycling distance to key education and employment areas. • provides a Green Travel Plan and substantial facilities for cycling, as well as car share and electric vehicle charging stations: • provides pedestrian-oriented and permeable frontages with active uses that provides vitality of the public domain and pedestrian amenity, safety and convenience; • conveys to shoppers and residents that this is an important specialist retailing, service and entertainment location with a built form that maintains a high level of public amenity; • provides a high-density development that optimises the amount of public space at ground level, creating a sense of openness and space for pedestrians; • provides appropriate separation of the different functions within the development and provides appropriate residential amenity; • provides spaces between buildings with open visual and physical connections from all street frontages; • comprises a development that provides residential uses while still being compatible with non- residential uses; • provides development at a scale and form that is envisaged by the recently adopted site- specific DCP relating to the site to provide a multi-layered development, having active low-rise development on Waterloo Street of no more than three storeys, and well-spaced towers that are positioned on Victoria Road; • subject to recommended conditions, is considered to achieve design excellence in accordance with the design excellence provisions in SEPP 65; and • provides vehicular access, parking and servicing arrangements that allow for safe pedestrian and cyclist access, with minimal impacts on pedestrian or motor vehicle traffic on Darling Street, Waterloo Street and Victoria Road.
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Notwithstanding the non-compliance with the development standard, the proposed development meets the objectives of the Balmain Leagues Club Precinct site, without adverse impacts beyond that of a compliant proposal.
Further, despite the proposed variation, it is considered that the built form is largely consistent with the desired future character of the area as set out in LLEP 2000 and LDCP 2000. Requiring compliance with the development standards would hinder several objectives of the Balmain Leagues Club Precinct site, as it is considered that strict compliance would result in: • an increase in the required number of car parking spaces for the development, which would increase the amount of traffic generated from the site resulting in adverse amenity and impacts on Waterloo Street; and • a mix of uses that would detract, in an economic impact sense, from the surrounding local Rozelle Commercial Precinct.
Therefore, it is considered both unreasonable and unnecessary for the proposal to comply with the maximum FSR standards for commercial and residential development on this site, given the overall objectives continue to be met.
The Land and Environment Court has established it is insufficient merely to rely on absence of environmental harm to sustain an objection under SEPP 1. This position was confirmed in Wehbe V Pittwater Council. The following assessment considers whether the objection demonstrates strict application of the development standard and would hinder the attainment of the objectives of the Act.
Under the Act, Section 5(a)(i) & (ii) the following is required: • The proper management, development, and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment, • The promotion and co-ordination of the orderly and economic use and development of land,
It is considered the proposal will provide for the proper management and development of land within the Inner West local government area for the purpose of promoting the social and economic welfare of the community and a better environment. The proposal is consistent with the planning framework for the site, as set out in LLEP 2000 and LDCP 2000. It is also considered that the proposal facilitates the orderly and economic redevelopment of the site, providing residential and employment opportunities, in an existing urban area in close proximity to public transport and the Sydney CBD.
In the circumstances, strict application of the development standard would hinder the attainment of the objectives of the EP& A Act.
• Is compliance with the standard unreasonable or unnecessary in the circumstances of the case?
This analysis has found notwithstanding the non-compliance with the development standards, the proposed development achieves the underlying objectives of the standards. Consequently, it is
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considered the SEPP 1 Objection has established that compliance with the development standard is unreasonable and unnecessary in the circumstances.
• Is the objection well founded?
In respect of the SEPP 1 objection provided by the Applicant, it
• Draft State Environmental Planning Policy (Remediation of Land)
The draft SEPP is a relevant matter for consideration as it is an Environmental Planning Instrument that has been placed on exhibition. New provisions will be added in the SEPP to: • require all remediation work that is to be carried out without development consent, to be reviewed and certified by a certified contaminated land consultant • categorise remediation work based on the scale, risk and complexity of the work • require environmental management plans relating to post-remediation management of sites or ongoing operation, maintenance, and management of on-site remediation measures (such as a containment cell) to be provided to Council
The recommended conditions have been drafted to ensure that the proposed development will be generally consistent with the proposed new provisions of the draft SEPP. The recommended conditions serve to provide certainty in respect of any contamination which may be found on the site once excavation is commenced.
• Draft State Environmental Planning Policy (Environment)
The draft Environment SEPP was exhibited from 31 October 2017 to 31 January 2018. The consolidated SEPP proposes to simplify the planning rules for a number of water catchments, waterways, and urban bushland areas. Changes proposed include consolidating a seven existing SEPPs, which include: • State Environmental Planning Policy No. 19 – Bushland in Urban Areas • Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River (No.2 1997) • Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
The proposal is consistent with the provisions of the draft SEPP.
• Leichhardt Local Environmental Plan 2000 (LLEP 2000)
The site is a deferred site under the Leichhardt Local Environmental Plan 2013 (LLEP 2013). The provisions of the Leichhardt Local Environmental Plan 2000 (LLEP 2000) apply.
The land is zoned Business and is the subject of site specific controls under LLEP 2000 (Amendment 16). The proposed uses on the site, being residential, retail, commercial, and Club, are all permissible uses in the zone.
The following table presents an assessment of the proposed development against the relevant development standards set out in clause 19 of Part 4 Housing; and clauses 4 (a) to (h) of Part 3 of Schedule 1 of LLEP 2000.
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Development LEP 2000 Proposed Compliance Control Part 4 - Housing • 167 (100%) total dwellings • Minimum 25% bedsit • 62 studio or 1bedroom (37%) Clause 19(6) or 1 bedroom (excl. 10 x 1 bedroom dwellings Diverse Housing • Maximum 30% 3 or + study) Yes more dwellings • 39 x 3 bedroom dwellings (23%)
10% - 16 dwellings Yes In addition, the submitted (Dwellings as numbered on the Clause 19(7) architectural plans- C102, C202, architectural plans nominate a Minimum 10% of further 17 (10%) dwellings that Adaptable Housing B205, C302, B305, C402, B405, dwellings will incorporate Liveable C502, B505, C602, B605, C702, Housing Guidelines Silver C705, B805, B904, B1003) Level Universal design features. Schedule 1 – Additional uses and controls for certain land Part 3 - Amended controls on specific sites - Balmain Leagues Club Precinct site Clause (4)(a) 3.9:1 Max. Floor Space Ratio 3.88:1 • Site Area = 7330m2 Yes – Total 2 • Max GFA = 28,587m2 • GFA = 28,455m
Clause (4)(b) 1.3:1 Max. FSR – 0.71:1 Retail/Shops • Max GFA = 9,529m2 Yes • GFA = 5,204m2 (incl. supermarket) Clause (4)(c) 0.2:1 Max. FSR – 0.21:1 No Commercial • Max GFA = 1,467m2 • GFA = 1,561m2 6.4% variation (incl. Live/Work( Clause 3(4)(d) 0.5:1 0.42:1 Max. FSR – Club 2 Yes • Max GFA = 3,667m • GFA = 3,066m2
Clause 3(4)(e) 1.9:1 2.54:1 Max. FSR – Residential No Max GFA = 13,935m2 • GFA = 18,624m2 33.6% variation Clause 3(4)(f) Max. Building Height All building heights within 10m within 10m of Waterloo 12.5m above road level of Waterloo Street are less than Yes Street 12.4m above road level Clause 3(4)(g) Max. Building Height All building heights within 36m RL52AHD or no greater and No. of storeys of Darling Street are less than than 2 storeys Yes within 36m of Darling RL52 Street Clause 3(4)(h) Max. Maximum building RL82AHD or 12 Yes RL81.5 and 12 storeys height and number of storeys storeys
Table 1
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The application has been accompanied by a State Environmental Planning Policy No. 1 written objection in respect of these development standards and seeks a variation to provide additional residential and commercial floor space above the maximums permitted. This has been analysed in the previous section of this report and is considered to be well founded.
• Draft Inner West Local Environmental Plan 2020
On 23 June 2020, Council endorsed the planning proposal to facilitate the draft Inner West LEP 2020. The subject land is a deferred matter under the draft Plan therefore the draft Plan is not a matter for consideration in the assessment of this application.
D2. LEICHHARDT DEVELOPMENT CONTROL PLAN 2011
In 2018, the Applicant submitted an application to amend the Leichhardt Development Control Plan 2000 (LDCP 2000) for the Balmain Leagues Club precinct (the site). The draft amendments included: • Rearrangement of the built form, building setbacks and access; • Relocation of the future town square to the centre of the site; and • Updated controls related to environmental and waste management and design excellence.
Council undertook a strategic merit assessment of the application which included peer review by Council-appointed consultants. Draft amendments to Part D1 of LDCP 2000 were publicly exhibited. The exhibition material was made available on Council’s Your Say Inner West website and at Council’s Service Centres. A public meeting was held on 28 March at the Balmain Town Hall to explain the draft DCP amendment and answer questions.
On 25 June 2019, Council adopted the proposed amendments to Part D1 of the LDCP 2000 and these became operational on 16 July 2019. In conjunction with the site-specific provisions in Schedule 1 Part 3 of the LLEP 2000, the adopted DCP represent provisions for the appropriate development of the site. While all of the objectives, guidelines, and controls of the LDCP 2000 are relevant to the assessment of this application, the provisions of LDCP 2000 - Part D1 prevail in the event of any inconsistency.
The proposal has been assessed against the following provisions of the Development Control Plan 2000:
Part Description Satisfactory Compliance A3.0 Principles of Ecological Sustainable Development Yes A3a.0 Sustainable Water and Risk Management Yes A4.0 Urban Form and Design Yes A5.0 Amenity Yes A6.0 Site Analysis Yes A7.0 Heritage Conservation Yes A8.0 Parking Standards and Controls Generally, the parking standards and controls are satisfactory; subject to the
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finalisation of on-site parking provision and management system, which is the subject of a recommended deferred commencement condition. A9a.0 Colours and Tones Yes A10.5.5 Rozelle Commercial Neighbourhood Yes B1.1 Demolition, Site Layout, Subdivision and Design Yes B1.2 Building Form, Envelope and Siting Yes B1.3 Car Parking Comments included under A8.0 above are applicable. B1.4 Site Drainage and Stormwater Control Yes B1.5 Elevation and Materials Yes B1.6 Front Gardens and Dwelling Entries Yes B1.8 Site Facilities Yes B2.8 Landscaping Yes B3.1 Solar Access Yes B3.2 Private Open Space Yes B3.3 Visual Privacy Yes B3.4 Access to Views Yes B3.5 Acoustic Privacy Yes B4.7 Diverse and Affordable Housing Yes C1.1 Site Layout and Building Design Yes C1.2 Parking Layout, Servicing and Manoeuvring Yes C1.3 Landscaping Yes C1.4 Elevation and Materials Yes C1.5 Site Facilities Yes C1.6 Shopfronts Yes C1.7 Protective Structures in the Public Domain – Balconies, Verandahs Yes and Awnings C2.0 Ecologically Sustainable Non-Residential Development Yes C2.1 Site Drainage and Stormwater Control Yes C2.2 Energy Efficient Siting and Layout Yes C2.3 Building Construction, Thermal Mass and Materials Yes C2.4 Solar Control, External Window Shading and Internal and External Yes Lighting C2.5 Insulation Yes C2.6 Ventilation Yes C2.7 Space Heating and Cooling Yes C2.8 Using Sola Energy Yes C2.9 Appliances and Equipment Yes C3.0 Interface Amenity Yes C3.1 Noise and Vibration Generation Yes C3.2 Air Pollution Yes C3.3 Water Pollution Yes C3.4 Working Hours The Club, retail and commercial premises will be subject to future application
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and it is considered appropriate to finalise hours of operation in the determination of those applications as appropriate. C4.1 Home Based Employment Yes C4.5 Public Domain Yes C4.9 Licensed Premises Yes
An assessment of the proposal against the controls within the Leichhardt DCP 2000 – Part D1 is set out in the table below.
Section Provisions Compliance Site Specific Controls – Balmain Leagues Club Precinct • This section of Leichhardt Development • Noted Control Plan 2000 (Leichhardt DCP 2000) has been amended from the previous version which was adopted on 3 June 2008 and came into effect on 26 August 2008. This section has been updated to reflect Council’s current D.10 view on the most appropriate development for Background the site and has been designed to guide the redevelopment of the Balmain Leagues Club Precinct in conjunction with the sites specific provisions contained within Schedule 1 Part 3 of Leichhardt Local Environmental Plan 2000 (Amendment 16). • 138-152 Victoria Road Rozelle (being Lot 1 • Noted – applies to the subject site. DP 528045) • 154-156 Victoria Road Rozelle (being Lot 1 D1.1 DP 109047) Land to which • 697 Darling Street Rozelle (being Lot 104 DP this section 733658) applies • 1-7 Waterloo Street Rozelle (being Lots 101 & 102 DP629133, Lot 37 & 38 DP 421 and • Lot 36 DP190866) D1.2 • This section of the DCP applies to the Balmain • Noted Relationship to Leagues Club Precinct only. other sections of this DCP • The Precinct is an anomaly within an • That portion of the Precinct within the otherwise fine-grain and vibrant HCA is identified in Figure 11 below. neighbourhood. The presentation of the existing buildings and structures does not • The proposed development generally contribute positively to the Victoria Road and satisfies the indicative design Waterloo Street streetscapes. principles for the Precinct as • identified in Figure 12 below. D1.3 A portion of the Precinct along Darling Street and Waterloo Street is within a Heritage Character Conservation Area (HCA). Architectural and Statement landscape character of development is to enhance the Precinct’s appearance by using articulation, materials, finishes, and species that are sympathetic to the HCA and the heritage items nearby. • Revitalisation and redevelopment of the site with a sensitive built form response and a
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Section Provisions Compliance high-quality architectural and urban design outcome is a key objective for the Precinct. • Key aspects of new development are to include: - Re-establishment of the Balmain Leagues Club - Victoria Road will provide a street wall of appropriate height that contributes to the desired future character identified for the Victoria Road Sub Area in Part C of Leichhardt DCP 2013 (which applies to land adjoining the Precinct). - A new plaza to be provided to benefit the local community, future residents, the Club, and businesses. - A sensitive urban design response and relationship with the fine grained houses along Waterloo Street. - Darling Street interface will be designed to integrate an ‘open to the sky’ pedestrian link which will visually and physically connect Darling Street with the future plaza, as well as Club uses within the podium of the tower building. - Improve the interface with the Right of Way (legally described as Lot 1 DP 1063965 and Lots A-E DP 25838) adjacent to the southeast boundary of the Precinct. A new ‘open to the sky’ pedestrian link, with active uses along its length, will be provided along the southeast boundary of the Precinct. - High quality, culturally relevant and engaging public artworks will be provided within the Precinct. - The indicative design principles for the Precinct are shown in the diagram below:
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Section Provisions Compliance
Figure 11: Heritage Map (Source: Leichhardt DCP – Part D1)
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Section Provisions Compliance
Figure 12: Design Principles (Source: Leichhardt DCP – Part D1)
• O1. To ensure the long term viability of • The proposed development satisfies Balmain Leagues Club on the site, for the these general objectives as it benefit of the local community. provides: • O2. To achieve high quality urban design for - specific premises for a licenced the Precinct and integration of the Precinct Club; with the surrounding areas. - development of the precinct as a • O3. To enable the redevelopment of the consolidated parcel; Balmain Leagues Club Precinct as a - tower forms along Victoria Road consolidated parcel. and a transition in scale to • O4. To achieve design excellence which surrounding low scale areas; provides high quality built form that responds - low scale and density along D1.4 to the existing and future context. Waterloo Street; General • O5. To minimise the impact to the surrounding - an improved pedestrian objectives HCA and heritage items. environment, a public plaza and a • O6. To locate tower forms along Victoria Road network of laneways; and provide transition in scale to the - vibrancy to the Rozelle surrounding low scale areas. Commercial centre • O7. To provide low scale and density buildings - housing diversity, which will along Waterloo Street. promote affordability; and • O8. To improve the Victoria Road and - landscaping, public art and Waterloo Street streetscapes and to enhance the existing streetscape along Darling Street. include ESD initiatives. • O9. To improve the pedestrian environment, • Objectives relating to the quality of connectivity and activity within the Precinct the building design (including the
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Section Provisions Compliance and along surrounding road and retail street amenity for future residents) and its frontages. place within the streetscape are • O10. To provide a publicly accessible plaza satisfied and discussion on these and network of laneways in the Precinct with points can be found previously in this maximised amenity. report in the assessment of the • O11. To promote development that links to proposal against the provisions of and contributes to the ongoing vibrancy and SEPP 65 and the criteria set out in viability of the Rozelle Commercial Centre. the ADG, as well the detail • O12. To promote housing diversity through a discussion under the relevant mix of dwelling types. sections of Leichhardt DCP 2000 – • O13. To promote affordable housing within the Part D1 below. precinct. • Of particular relevance to the quality • O14. To achieve high quality residential of the proposal are the comments amenity. and recommendations of Council’s • O15. To promote high quality landscaping, Architectural Excellence Panel (AEP) public art, signage, and ecologically on 10 December 2019 and 5 sustainable development. February 2020, which the Applicant has considered and provided structured responses. The matters raised by the AEP are discussed in more detail under the relevant sections of Leichhardt DCP 2000 – Part D1 below. • C1. The maximum building height (including plantrooms and lift overruns) shall be Yes consistent with that shown in Figure 5 to • The proposed development will minimise visual impacts, building scale and overshadowing issues. The Reduced Level comply with the maximum FSR and (RLs) identified in Figure 5 are relative to the building height controls of the LLEP Australian Height Datum (AHD). 2000, including plant and lift • C2. All roof structures, such as plant and lift overruns). The main height and overruns, shall be integrated into the design of massing of building will be in the development. They are not to exceed the accordance with the requirements of building heights contained within LLEP 2000 the DCP and concentrated along and are to be fully screened when viewed Victoria Road with three separate from street. and articulated buildings that break • C3. Lift overruns on the top of buildings are up the overall podium and tower permitted if: building envelopes. These buildings D1.5 - within the maximum allowable height of step down Victoria Road consistent Built form, RL 82.0 2 with the falling topography. height, and - are smaller or equal to 24m in plan • The proposed plaza will retain two density dimension if located at podium level • C4. Provide a higher built form fronting hours sunlight at the winter solstice Victoria Road and a low scale built form along and the residential properties along Waterloo Street and Darling Street to reflect Waterloo Street will have no the existing low scale and fine grain character additional overshadowing after mid- of the streetscapes. morning in mid-winter. • C5. Lower podium level buildings are to be • The proposal will retain the 2 storey placed around the perimeter of the Precinct to height along Darling Street which will form a street edge. limit the visual impacts of the • C6. The tower built form along Victoria Road development from Darling Street. is to step down from southeast (highest) to northwest (lowest) to provide a height • The built form along Waterloo Street transition to the low scale properties to the is designed to suit the narrow northwest of the Precinct and protect solar frontage, residential character of the access to the proposed plaza at the centre of street, with individual access to the the Precinct. Refer to Figure 5. live/work units. The built form will be
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Section Provisions Compliance • C7. A two storey (10m maximum height) street part 2/part 3 storeys and be vertically wall is to be provided along Victoria Road articulated. which is to be defined by appropriate • The two storey (10m maximum architectural treatments and materials. Building forms (i.e. towers) above the street height) street wall requirement of the wall height shall be setback from the line of DCP along Victoria Road is generally the building below a minimum of 3m. satisfied; however, in line with • C8. Provide effective built form and façade reasonable expectations, as the land articulation to break up the overall podium and falls to the northwest (i.e. towards tower building envelopes along Victoria Road. Iron Cove Bridge) the street wall • C9. The building forms along Waterloo Street slightly exceeds 10m (approx. 12m at should be vertically articulated to reflect the its maximum). The design pattern of residential lot development and step satisfactorily compensates for the with the topography. Design the Waterloo increase in height by using a high Street frontage as a transition between the degree of façade articulation and existing residential streetscape and the new styling. mixed-use development. • Building forms above the street wall • C10. Development within the HCA shall be restricted to a maximum height of RL 52.0 height are setback from the line of AHD and be consistent with adjoining the building below a minimum of 3m properties with respect to height and scale. (i.e. to the outside edge of residential • C11. The maximum floor space ratio may not balconies fronting Victoria Road). necessarily be able to be achieved if adverse • Development within the HCA will be visual, acoustic, privacy, amenity and well below RL 52.0 AHD and be overshadowing impacts occur to neighbouring consistent with adjoining properties properties and/or impact the development with respect to height and scale. within the Precinct. • The proposed development generally • C12. The building envelopes in Figure 5 define the preferred built form outcome for the accords with the indicative building Precinct, whilst permitting architectural envelopes depicted in Figure 13 innovation within the building envelopes. below. • C13. The building envelopes illustrated in this section allow for some flexibility in the detailed architectural design of buildings. This development control is intended to promote highly articulated buildings with generous balconies, recesses, and steps in facades to avoid a sense of excessive bulk, especially along Victoria Road and when viewed from Darling and Waterloo Streets. • C14. Alternative building envelopes will only be permitted if the proposal can demonstrate a higher quality outcome can be achieved with regard to: - response to the surrounding context - built form and scale transition across the Precinct - impacts to the HCA and heritage items - amenity to the surrounding properties and within the Precinct - amenity to the future plaza - the Precinct’s permeability and connectivity
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Section Provisions Compliance
Figure 13: Building envelopes – illustrates the maximum development envelopes (Source: Leichhardt DCP – Part D1)
• C1. Provide a range of land uses to promote the development of a vibrant Rozelle Yes Commercial Centre that meets the needs of • The proposed development provides the local community. The range of uses shall include: for the range of land uses required - Balmain Leagues Club by C1. - public plaza and other publicly accessible • Premises for the Club have been spaces incorporated into the design, - commercial providing a total of 3,066m2, which - retail, including equates to an FSR of 0.42: - slightly a supermarket o lower than the maximum 0.5:1 o limited speciality retail focused on food and beverage retail that does not permitted for this land use under detract from the surrounding Rozelle LLEP 2000. The proposed Club is D1.6 Commercial Centre located on the upper ground level Land use - residential underneath Building C and fronts - car parking Victoria Road and Tigers laneway so • C2. Any development application must as to be close to the retail and demonstrate that the gross floor area provided commercial activity, pedestrian for Club use will be occupied by the Balmain circulation, and open space. The Leagues Club (or its successor) for its long floor area is of a size and in a term viable usage. This may be in the form of suitable location on-site to provide for a report confirming that the proposed Club is a financially viable Club as a key of a size that will service the needs of the Balmain Leagues Club (or its successor) and community facility and social space. the community, or an indicative contract with • The Applicant has included terms to the Balmain Leagues Club (or its successor). support the return of the Balmain • C3. Locate smaller scale retail units, in Leagues Club (or its successors) to particular cafes and restaurants, around the the site in the letter of offer. The
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Section Provisions Compliance future plaza, the Club, laneways and Darling Applicant is willing to forgive all loans Street to promote activity. and associated interest associated • C4. Encourage greater surveillance along with the former Balmain Leagues Waterloo Street by providing individual Club to avoid liquidation and enable entryways to residential dwellings. amalgamation with West’s Ashfield, • C5. The development shall be well integrated and with that, a commitment to with Darling Street and maximise the continue funding for the Balmain activation of the corner where the proposed district Junior Rugby League. pedestrian link meets Darling Street. • The proposed development includes • C6. A variety of dwelling types shall be provided within the Precinct including smaller scale retail units and apartments (ranging from studios to 3 and commercial space, of different sizes more bedroom units) within the tower to allow for different tenures. buildings and terrace type dwellings along • Live/work units will front Waterloo Waterloo Street. Street providing casual surveillance • C7. The development shall comply with of the street frontage. Council’s requirements for Diverse Housing • and Adaptable Housing (refer Part 4 Clause The proposed unit mix provides for a 19 of LLEP 2000). wide range of dwelling types. • C8. Dwellings of different sizes and tenures • The proposed development satisfies should be well integrated within the clause 19 of LLEP 2000 by providing development. for more than 10% of residential units as adaptable dwellings. • The proposed development integrates with existing retail and commercial uses in Darling Street by adaptively reuse No. 697 for speciality retail and the removal No. 699 to create the new Heritage Laneway. This will provide direct access from Darling Street into the Plaza, and retail and restaurant precinct, which is also direct access to the Club. • C1. Provide setbacks and separation distances in accordance with Figure 6. Yes • C2. Allow for future Victoria Road footpath • The proposal generally complies with reconfiguration and widening to minimum the setbacks and separation 4.5m across the frontage. The additional distances of the DCP (refer to setback is to be dedicated to Council at no cost. Figures 14 and 15 below). • C3. The setback to Victoria Road shall • Footpath widening on Waterloo prioritise pedestrian movement. The design of Street and Victoria Road as required the Victoria Road footpath shall also reference by the DCP have been addressed by D1.7 D1.14 Vehicular and Pedestrian Access. conditions. Setback and • C4. Allow for future Waterloo Street footpath • Upper levels of the development separation widening by setting back any development fronting Victoria Road are setback along Waterloo Street a minimum of 1m. The 3m. 1m setback is to be dedicated to Council at no cost. • Development above the podium shall • C5. An upper level setback of 3m is to be be setback 6m from the northwest provided above podium/street wall level along and southeast common boundaries. the Victoria Road frontage. • The minimum solar access • C6. Upper level setbacks are to be free of any requirements to the plaza are encroachments from any parts of new building achieved, as set out in the DCP. structures. • C7. Development above the podium shall be
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Section Provisions Compliance setback 6m from the northwest and southeast common boundaries to mitigate the tower scale and provide adequate separation distances to adjoining properties. • C8. The tower forms shall provide setbacks to the upper levels facing the centre of the Precinct to minimise overshadowing of the plaza and to mitigate the scale of the tower buildings.
Figure 14: Setbacks and separation (Source: Leichhardt DCP – Part D1)
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Section Provisions Compliance
Figure 15: Setbacks and separation (Source: Development Application Design Report Resubmission – Scott Carver)
• C1. A Heritage Impact Statement (HIS) is to be submitted with any development Yes application for the redevelopment of the • A Heritage Impact Statement (HIS) Precinct, addressing the impact of the proposed works on the HCA and heritage has been submitted with this items in the vicinity of the proposal. application consistent with C1. • C2. This Statement should include • The HIS has considered the consideration of ‘The Design Context: proposed development having regard Guidelines for Infill Development in the to the Heritage Conservation Area Historic Environment’ (prepared by the NSW (HCA) and surrounding listed Heritage Office and Royal Australian Institute heritage items under LLEP 2000 and of Architects NSW Chapter) with regard to the provisions of this DCP. scale, form, materials, colours and responding to the local character. • The HIS has considered ‘The Design D1.8 • C3. Any development application is to be Context: Guidelines for Infill Visual impact accompanied by ‘before’ and ‘after’ Development in the Historic to HCA and perspective views from the heritage items, Environment’ (prepared by the NSW heritage items from Darling Street and from Waterloo Street Heritage Office and Royal Australian to assess the potential impact on heritage Institute of Architects NSW Chapter). items and the HCA. • This application is accompanied by ‘before’ and ‘after’ perspective views from the heritage items, from Darling Street and from Waterloo Street • The key findings of the HIS is that the proposed revitalisation of the subject site and its surrounds is respectful of the heritage significance of the site, the Valley Heritage Conservation Area, and heritage items in the locality.
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Section Provisions Compliance • C1. Adequate setback distances to the common boundaries are to be provided in Yes accordance with the controls in D1.7 to • Setbacks are provided in accordance minimise impact to adjacent properties. with the controls in D1.7. • C2. Windows and balconies should be offset. • Windows and balconies are • C3. Buildings that are exposed to high levels of external noise are to be designed and sufficiently offset to protect acoustic constructed to mitigate noise impacts and to privacy ensure architectural integrity. • An acoustic report prepared by • C4. Private open spaces and habitable rooms Acoustic Logic Consultancy has shall be located away from high noise been submitted to Council, which has sources, especially Victoria Road, or protected considered with appropriate noise shielding devices. - Traffic noise intrusion into the • C5. When designing the tower buildings along development from surrounding Victoria Road, the following measures shall be roadways including Victoria considered to mitigate the noise impacts: Road. - turning away habitable spaces from noise source - Mechanical plant noise - utilising fixed solid glazed edges to emissions in principle. provide an enclosed space for ventilation - Noise emissions from the - providing angled walls, winter gardens, proposed loading dock to the screening and solid balconies surrounding receivers. - orienting operable windows away from noise source - Noise emissions from the D1.9 • C6. Building design shall also address the proposed Balmain Leagues Club Acoustic NSW Road Noise Policy by the NSW to surrounding receivers. privacy Environment Protection Authority (EPA). - Impacts in relation to the • C7. Noise generating facilities within proposed Metro Rail. communal open spaces such as swimming • The Acoustic Logic report found that: pools and barbecue areas shall be located away from bedroom areas. - acoustically upgraded facades • C8. Rooms with similar noise requirements are required to achieve the shall be grouped together. recommended internal noise levels for the dwellings exposed to noise from Victoria Road; - noise emissions from the proposed plant are capable of complying with the relevant criteria and will not result in adverse noise impacts; and - the non-residential uses will not result in unacceptable noise emissions. • Noise impacts of the proposed development have been reviewed by Council’s Environmental Health Officer and found to be satisfactory subject to the recommended conditions. • C1. A minimum of 10% of the site area is to be • A minimum of 7% of the site area is a D1.10 provided as deep soil zone. deep soil zone. The proposed Communal • C2. Where possible, deep soil areas are to be development complies with the open space, well integrated into a development and not criteria of the ADG. provided on the periphery of the site. Deep soil area • It is proposed that the deep soil area • and C3. The consolidation of deep soil areas is be supplemented by 226m3 of encouraged to assist drainage and to allow for landscaping continuous soil vault. The area of effective deep soil planting. the soil vault is 335m2 or 4.6% of site
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Section Provisions Compliance • C4. Any planting on structure is to satisfy the area. following soil volume requirements: • The total of the deep soil area plus the soil vault area (not volume) exceeds 10% of the site area. • Soil vaults are cells or modules assembled to form an interconnected matrix without compromising or • C5. The minimum number of trees is 1 large damaging the structural integrity of tree (at least 12 metres) per 90m2 of soil, or 2 paved surfaces so that trees be medium trees per 90m2 of soil. adequately provided for in their urban • C6. Locate landscaping where the setting. Soil vaults create structurally microclimate will support favourable growing beneficent and strong structure conditions with appropriate sunlight and wind systems that, while conducive to root protection. growth, also give adequate support • C7. Landscaping and mature tree planting for pavements. with large canopy trees shall achieve 15% site • The proposed plaza utilises a soil canopy coverage. vault system to provide a contiguous • C8. Incorporate mass planting including a mix soil volume of 226m3, or an average of indigenous shrubs, grasses, and 37.6m3 for each of the 6 medium groundcovers. trees located over slab in this zone. • C9. Utilise a diverse variety of local Inner • West native plant species and plant types with Council’s Tree Assessment Officer low water needs, including trees, shrubs, has provided in-principle support for grasses, groundcovers, and climbers. the proposed landscape design but • C10. Landscaping is to be of the highest requires more details of the design. quality, and use appropriate stone, high Accordingly, a deferred quality precast concrete elements and high commencement condition is quality pavements. recommended requiring: • C11. Suitable soil depth, drainage and - Landscaping details to irrigation are to be provided for all landscaping demonstrate that there will be built on structures. adequate soil volume and • C12. A landscape plan prepared by a suitably sufficient permeable soil mixes to qualified Landscape Architect is to be allow for water and soil gaseous submitted with the development application exchange to promote tree showing the: growth. - levels adjacent to the public domain - planting schedule with numbers and - Tree planting details to include species of plants (botanical and common dimensions for above and below name) ground planting space. - number and name (botanical and Additional details, including common name) of mature trees on site planting procedures, construction - type and detail of paving, seating, walling, details of retaining walls and fencing and other details of external areas planter boxes as well as of the site, including the plaza available soil depth is also • C13. Minimise the impact upon street trees required. and trees on adjoining land. - A Public Domain/Street Tree • C14. Overhead power cables along the Victoria Road and Waterloo Street frontages Planting Plan shall be submitted must be relocated underground and replaced to Council for Waterloo Street with appropriate street lighting given the scale and Victoria Road. of the development and the significant • Subject to the submission of aesthetic benefit resulting from satisfactory information in response undergrounding, including allowing for viable to this condition, it is considered that street tree planting. the objectives of D1.10 will be • C15. Incorporate street trees along Victoria achieved. Road, Darling Street and Waterloo Street in vault style structural soil to minimise available
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Section Provisions Compliance soil volume for mature trees. • C1. A plaza shall be located at the centre of the Precinct, with a clear pedestrian and visual Yes connection to Darling Street. It will be • The plaza is proposed as the centre designed to accommodate a range of activities such as outdoor restaurants, cafes, stalls, of the Precinct and has a minimum 2 2 kiosks and display areas. The plaza location area exceeding 1400m (1,425m ) shall be generally in accordance with Figure 7. and a minimum dimension exceeding • C2. The level of the plaza shall align or closely 23m (33.5m). align with the Darling Street footpath to • The plaza generally accords with the provide unimpeded pedestrian access from location requirements of the DCP, Darling Street with no steps. which are shown in Figure 16 below. • C3. The plaza shall have active uses on all • Area and minimum dimension sides. calculations carried out by the author • C4. The plaza shall have a minimum area of were from the external wall of all built 1,400m2 (including the linkage from Darling forms and exclude the areas of Street to the plaza) and is to be accessible between 7am and 10pm, at the minimum. Heritage Lane, Little Darling Lane, and Tigers Lane. • C5. The plaza shall have a minimum dimension of 23m. • The retail areas and the Club (active • C6. A maximum of 500m2 of the plaza may be areas) are located outside the plaza used for retail purposes (e.g. outdoor along the perimeter and do not seating/dining and kiosks) and must not conflict with paths of travel. The conflict with paths of travel. clear connection with Darling Street D1.11 • C7. Mature deciduous tree planting in deep is provided by Heritage Lane. Plaza soil and/or structural vault style soil shall be • Mature deciduous tree planting is incorporated into the design of the plaza to proposed to be incorporated in the ensure the space has canopy cover and is plaza to facilitate the achievement of usable during summer months. the tree canopy coverage requirement during the summer months. • Council’s DCP does not require the ownership of the plaza to be dedicated to Council. Council’s Strategic Investments Manager has advised that as part of the offer to amend the current VPA, the Applicant proposes to provide the general public access and for Council to hold community events and for community groups to utilise. This would be through a management agreement between Inner West Council and the Owner of the Retail Stratum. Council is to consider the VPA offer on 8 September 2020.
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Section Provisions Compliance
Figure 16: Indicative plaza location (Source: Leichhardt DCP – Part D1)
• C1. The surrounding residential properties along Waterloo Street are to receive a Yes minimum three hours of direct sunlight to 50% • As demonstrated in the Shadow of windows to principal living areas and 50% of principal open space between 9am and Diagrams submitted with this DA, 3pm at the winter solstice. Where properties residential properties along Waterloo receive less solar access than specified Street receive a minimum three hours above, there should be no further reduction. of direct sunlight to windows and • C2. Shadow diagrams shall be prepared to principle living area, and principle establish if there is any additional open space between 9am and 3pm overshadowing of the Darling Street footpaths during the winter solstice. The beyond that generated by the current shadows from the proposed D1.12 buildings, and wherever possible additional development cease to fall over the Solar access overshadowing is to be limited through design Waterloo Street properties from just measures. before 11am mid-winter (refer to • C3. The minimum requirements of solar 11am mid-winter extract from access to the plaza between 12:30pm and Applicant’s shadow diagrams below). 2pm in mid-winter are: - 35% of the plaza area shall receive solar • Solar access to the plaza is access at 12:30pm consistent with the minimum - 50% of the plaza area shall receive solar requirements in control C3. The access at 1pm plaza will receive solar access to 35% - 65% of the plaza area shall receive solar of its area at approximately 12:30pm access at 2pm and solar access increase until 3pm (refer to (refer to 1pm mid-winter extract from Applicant’s shadow
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Section Provisions Compliance diagrams below)
1pm mid-winter 11am mid-winter
• C1. The proposal is to be consistent with Figures 6, 7 and 8 which show indicative Yes locations for laneways, through site links, the • plaza and improved pedestrian footpaths. The proposal is consistent with Figures 6, 7 and 8 of the DCP (shown • C2. Upgrade surrounding footpaths at the perimeter of the Precinct to Council’s as Figures 9, 10 and 11 in this report). satisfaction, including street tree planting, • Linkages are provided in accordance paving materials and street furniture. with the DCP. • C3. Provide unrestricted pedestrian access • between Victoria Road, Darling Street and The proposed development provides Waterloo Street to increase permeability and for upgrading surrounding footpaths at enhance the local pedestrian network. the perimeter of the Precinct and • C4. Provide a strong visual and pedestrian link conditions are recommended in this D1.13 from Darling Street through to the Precinct regard, including a Deferred Linkages and plaza. Commencement condition requiring a • C5. The development shall improve the detailed a Public Domain/Street Tree Precinct’s accessibility from Darling Street Planting Plan shall be submitted to while retaining the continuous shop front as much as possible. This can be achieved by Council. retaining the street frontage of No. 697 Darling • The proposal seeks to adaptively Street and removing No. 1 Waterloo Street to reuse No. 679 Darling Street for improve access to the Precinct and facilitate a speciality retail. The façade of 699 legible pedestrian link and visual connection between Darling Street and the proposed Darling Street is to be retained, with plaza at the heart of the new development. the rear demolished to accommodate • C6. Any development application for the Heritage Lane. redevelopment of the Precinct must be • A continuous awning is proposed accompanied by an economic study outlining along Victoria Street and has a how the design will support the long-term
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Section Provisions Compliance prosperity of the Rozelle commercial centre. minimum width of 3m and height • C7. A development application for the clearance of 4.5m. redevelopment of the Precinct must be • An Economic Impact Assessment accompanied by a concept drawing detailing how the design of the ‘open to the sky’ (EIA) has been submitted with this pedestrian link along the southeast boundary application. The main conclusion of of the Precinct is integrated with the adjoining the EIA is that a substantial net Right of Way and the rear of the properties community benefit will result from the directly to the south, both in the short and long proposed development. Offsetting term. A consistent edge-to-edge finished shared zone that is free of obstructions, the trading impacts on some existing including level changes, columns, steps or retailers, there are very substantial planter boxes and ventilation shafts, shall be positive impacts including the provided once the Darling Street shops are following: redeveloped in the future. Temporary measures such as providing planter boxes to - The addition of a full-line mitigate the level change are permitted. supermarket would bring the However, the design shall not preclude the provision of supermarket long term integration with the Right of Way. floorspace within the main trade • C8. Awnings shall be provided along Victoria area closer to the Sydney and Road. Australian average. The proposed • C9. The awning face shall be horizontal. Steps mix of uses has been designed in for design articulation and to accommodate the sloping along Victoria Road shall be response to the Council Darling provided. Street Retail Study, which • C10. Awning width is to be a minimum of 3m. highlighted that there is a need for • C11. A minimum of 3.5m underpass clearance supermarket style retail in the shall be provided for the awnings along area. Victoria Road. - The retail offer at the development • C12. Awnings shall have no more than 50% of would provide a convenient and their area transparent to protect pedestrians competitive offer for local residents from the sun. that would satisfy the significant • C13. Awning materials and colours shall be of retail demand currently within the high quality and contribute to the overall building aesthetics. main trade area. - The addition of a full-line supermarket would also result in the retention of spending currently being directed to other large supermarket facilities at the major shopping centres beyond the main trade area. • With regards to C7, the adjoining properties to the southeast are in the HCA and the redevelopment of these properties proposing a major increase in size and scale is not expected. Little Darling Lane, which runs along the southeast boundary, provides the primary pedestrian route through the site, as it is closest to the primary pedestrian routes for those approaching the site from the Victoria Road and Darling Street intersection. The Applicant has addressed the interface with the properties adjoining
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Section Provisions Compliance this boundary properties in the submitted architectural and landscape drawings. A commercial lobby has been proposed on the upper ground level with access provided from Little Darling Lane and this lane is to accommodate retail visitor bicycle parking. The proposed built form is setback approximately 6m from this boundary and complies with Council’s DCP requirements for the setback off this boundary. This lane will encourage safe and direct pedestrian circulation through the site and will provide clear access to building entries and laneway activity. Established trees are proposed to be planted along Little Darling Lane. It is considered that the design allows for the longer term integration of the adjoining Right of Way into the redevelopment of the Precinct.
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Section Provisions Compliance Figure 17: Linkages, access and egress (Source: Leichhardt DCP – Part D1)
• C1. Vehicular access shall be provided generally in the locations shown in Figure 8 Yes and in accordance with the table below. Subject to conditions • Refer to discussion under SEPP 65 – 3G Pedestrian access and entries and 3H Vehicle Access, and also the internal referral response from Council’s Development Engineer.
• Council’s Development Engineer • C2. Ingress and egress from the site shall be supports the proposed development in a forward direction. subject to the recommended • C3. Basement ramps must be within the built conditions. These include a deferred form. Exposed basement ramps are not commencement condition relating to permitted. on-site car parking numbers and • C4. Subject to Roads and Maritime Services allocation (refer to discussion under (RMS) and local traffic authority approval, D1.15 below). where necessary, the development is to • TfNSW (Roads and Maritime) do not incorporate the following: support a deceleration lane on - extension of existing dual lane right turn Victoria Road (Refer to C4) and this bay from Victoria Road eastbound into Darling Street has been deleted from the current - deceleration lane (approx. 60m) into the design. development • TfNSW have given concurrence - relocation of the southbound Darling under Section 138 of the Roads Act, Street bus stop (subject to State Transit 1993 for the proposed development D1.14 Authority approval) Vehicular and to proceed subject to general terms • C5. Vehicular access to the site shall: of approval. pedestrian - minimise the impact of additional access vehicular movements in surrounding residential streets, in particular heavy vehicles - concentrate retail and commercial vehicle movements to and from Victoria Road - provide ease of ingress/egress for vehicles to and from Victoria Road - minimise potential pedestrian and vehicular conflicts - identify physical works to the surrounding road network to accommodate the proposed development • C6. Service areas and loading docks for all land uses (such as deliveries, waste and recycling collection) which require access by heavy vehicles are to be directly accessed from Victoria Road only. • C7. Lifts to/from basement and entry/access points are to be separate for residential/non- residential uses. • C8. The minimum width of the footpath along Victoria Road is to be 4.5m to prioritise pedestrian movement. • C9. When designing the Victoria Road footpath: • - Continue footpath level and finishes across vehicular entry points
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Section Provisions Compliance • - Delineate the vehicular crossing point with bollards • C10. Provide a clear street address for residential entries. • C11. The final mix of uses within the development must ensure traffic does not significantly impact the road network in the area. • C12. A Traffic Management Plan (TMP) that addresses issues relating to the construction and operation phase of development shall be prepared. The TMP shall assess additional traffic generated by the development. • C13. The development shall include the following: - a community bus that is owned and operated by the Club and is to travel along the major roads of the municipality from East Balmain to Parramatta Road - a designated area, in an easily accessible place within the development, for taxis to pick up and drop off. Vehicular Parking • C1. Integrate the required quantum of Yes vehicular parking in basement levels or screened from view within the design of Subject to conditions buildings. • Refer to discussion under SEPP 65 – • C2. Car parking is to be provided in 3G Pedestrian access and entries accordance with the table below. and 3J Bicycle and car parking, and also the internal referral response from Council’s Development Engineer on page 121. • As set out throughout this report, matters relating to on-site car parking, traffic generation and impacts of traffic on surrounding streets has been the focus of intense discussion between the Applicant, D1.15 Council and TfNSW. Parking • Council’s Development Engineer referral (page 121) has provided detailed analysis relating to the specific quantum and allocation of on-site car parking spaces, including the provision of public car parking spaces. • Council’s Development Engineer supports the proposed development subject to the recommended conditions. These include a deferred commencement condition requiring the total number of on-site car paces to be reduced to 320 and the allocation and separation of car parking for different land uses to be in accordance with the agreed
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Section Provisions Compliance strategy. • The proposed design has had regard to the provision of motor bike parking, bicycle parking, electric vehicle charging and car-sharing arrangements on-site and suitable conditions have been recommended to ensure that they are satisfactorily included in the development. • TfNSW (CBD Metro Corridor - WestConnex M4-M5 Link Project) have provided conditions of consent under State Environmental Planning Policy (Infrastructure) 2007. Refer to page 129
• C3. If providing less than the required parking, a traffic and parking study shall be submitted to justify the proposed parking rate and ensure no impact on surrounding streets. • C4. A minimum of 22 car parking spaces are to be provided on site for public use. These spaces are to be free for a minimum of 2 hours, at all times. • C5. Car parking areas are to be designed and constructed so that electric vehicle charging points can be installed at a later time. • C6. Motor bike parking is to be provided at a rate of one (1) space for the first 10 vehicle
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Section Provisions Compliance spaces and 5% of the required vehicle parking thereafter. • C7. Motor bike parking spaces are: - to be located away from car reversing or manoeuvring areas - to be located on flat and even surfaces where the gradient does not exceed 1 in 20 (5%) either parallel to or at 90 degrees to the angle of parking - to be 2.5m x 1.2m in dimension - to be clearly marked and where located adjacent to car parking bays delineated by landscaped areas, bollards or other protective barriers • C8. Retain separate parking areas for residential and non-residential uses on site. Appropriate security measures are to be taken on site for residential parking areas. • C9. Separate un/loading areas from parking areas and pedestrian routes. • C10. No parking permits will be issued to workers or residents. Bicycle Parking • C11. Bicycle parking is to be provided in accordance with the rates outlined in Table C6 of Part C Section C1.11 of Leichhardt DCP 2013. • C12. Bicycle parking facilities are to be provided in accordance with Australian Standard AS2890.3-2015 Parking Facilities Part 3: Bicycle Parking as follows: - class 1 Bicycle lockers – for occupants of residential buildings - class 2 Bicycle lockers – for staff/employees of any land use - class 3 Bicycle rails – for visitors of any land use • C13. Residential apartment buildings are to include a lockable bicycle storeroom with adequate space and bicycle stands or hooks to accommodate the required number of bicycles. • C14. Buildings used for non-residential purposes are to incorporate bicycle parking facilities as follows: - one (1) personal locker for each bicycle parking space - one (1) shower/change cubicle for 1 up to 10 bicycle parking spaces - two (2) shower/change cubicles where 11 to 20 or more bicycle parking spaces are provided - two (2) additional showers/cubicles for each additional 20 bicycle parking spaces or part thereof • C15. Bicycle storage facilities for use by the public are to be located prominently within the public domain. • C16. The pedestrian route between the
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Section Provisions Compliance bicycle storage facility and the land use it serves is to be designed and constructed in accordance with the Safety by Design principles and guidelines outlined in Part C Section 1.9 – Safety by Design of Leichhardt Development Control Plan 2013. On-Site Car Share Facilities • C17. Residential development – a minimum of one (1) car share space per 50 residential units. • C18. Office, business, or retail premises – a minimum of one (1) car share space per 50 car spaces provided. • C19. Written evidence, in the form of a letter of commitment, from an established car share operator must be provided with the development application demonstrating the operator’s intentions and method of management of the space(s). • C20. Car share spaces are to be conveniently located and appropriately sign posted. • C1. Employ high quality finishes and materials that are contemporary, with reference to the Yes following: • Council’s Heritage Specialist and - Modern forms that incorporate Urban Design Advisor reviewed the ecologically sustainable development principles amended development proposal that - Materials and finishes: use high quality was submitted on 6 September 2019 materials and finishes that highlight following Council’s adoption of the architectural features and enhance amended LDCP – Part D1 on 25 articulation in particular at the lower levels June 2019 and requested that the of the street frontages and plaza following information concerning the interface. Encourage the use of materials proposed finishes and materials be that are durable, produce low glare and submitted: do not require high levels of maintenance, particularly around public spaces a) A detailed colours and materials - Legibility: use balanced variations in form, schedule to be submitted. articulation, and materials/finishes to b) The bronze tinted glass be deleted; highlight individual buildings and enhance c) The “bronze look” must be replaced D1.16 the visibility of entrances with a softer, muted, tone; Finishes and - Fenestration: reflect the function of d) Metal standing seam panels must materials buildings through fenestration patterns. be replaced with a more solid Avoid expansive areas of blank glass material; especially along Waterloo Street, to e) Clarify the colour of the proposed adjoining properties and internal public Cold brown masonry. Consider spaces. Avoid solid walls unless required replacing with a beige colour; for ADG or BCA purposes f) Delete the green walls where they - Roof structures: carefully integrate roof will be visible from the public structures into the architectural style of domain, e.g. Victoria Road and the building and minimise the impact of Darling Street; any plant or telecommunications equipment g) Clarify where “timber look cladding” • C2. Incorporate finishes and materials in the is proposed. scheme which reference, and are sympathetic On 16 January 2020, The Applicant to, the surrounding heritage items and HCAs. submitted written responses with design Green Roofs and Podiums responses to the Council’s concerns as • C3. Green roofs and podiums are encouraged follows: on all buildings. The size of the green roofs for • With regards to a) above, the buildings with the following gross floor areas materials and finishes board was
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Section Provisions Compliance are to be: revised and is included in the - 250 to 999m² — 30% of roof space architecture plan set. Material - 1,000 to 1,499 m² — 50% of roof space specifications for the project consider - 1,500m² or greater — 75% of roof space elements of sustainability that relate • C4. Green roofs and podiums must be planted to durability, embodied energies, with suitable Australian native plants (endemic to the Inner West where possible) and include renewable sources content, ease of habitat features such as habitat boxes, stone manufacturing, ability to be recycled / boulders and native beehives. reused / reconditioned, maintenance, • C5. Green roofs must have a minimum local availability, VOC content, substrate depth of 150mm. emission production, affordability and • C6. Green roof areas designed for use as toxicity. communal open space are to have a high • With regards to b) above, the glazing standard of finish and design. in general is a darker tone. This is a • C7. A detailed description, plan and sections of the roof top design are to be submitted with product of BASIX and sustainability the development application (as part of needs (and BASIX design landscape plan). The design must address: commitments) around solar • - safety and security transmission. Clearer glass will • - biodiversity either result in increased energy • - visual and acoustic privacy consumption or require a reduction of • - maintenance and servicing glass area. The Applicant has - wind effects removed the bronze tinted glass. Green Walls and Façades • With regards to c) above, the bronze • C8. Green walls and façades are required on toned panelling on the upper portions at least 15% of the available building surfaces, of a number of the buildings is a with particular focus on the north-eastern deep and muted tone, intended to façades facing Victoria Road. change in tone as the light and sun • C9. Green walls and façades must be planted passes across it. The material is a with suitable Australian native plants (endemic prefinished solution, minimising long to the Inner West where possible) and include habitat features. term maintenance; and is a • C10. Green facades using planter secondary material to the lower boxes/container planting installed at different levels of face brick and stone. levels across the building are encouraged • With regards to d) above, metal • C11. A detailed description, plan and sections standing seams in the recessed of the proposed green wall and/or facade sections of Victoria Road will achieve design are to be submitted with the a dark break between the forms. development application (as part of landscape plan). The design of any green wall or facade • With regards to e) above, The is to address: Applicant has replaced the cold - safety and security brown brick with a brown brick. - biodiversity • With regards to f) above, the - maintenance and servicing objectives of the DCP require the - wind effects inclusion of green walls on this site to improve air quality, amenity, habitat, ambient air temperature, building insulation, and aesthetic quality of the urban environment. The Applicant’s proposed inclusion of green walls is supported. • With regards to g) above, the ‘timber look’ material exists on balcony soffits, and has been clarified on the elevations, and shown in the CGI’s. • The proposed finishes and materials are considered satisfactory having regard to the controls and objectives
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Section Provisions Compliance of D.1.16 of the DCP. • C1. Signage shall be compatible with the • Signage does not form part of the architecture, finishes and materials of the proposed development. building and streetscape. • Consent for any future signage will • C2. Signage shall be designed to avoid be sought under separate application confusion with directional and traffic signs. • C3. A co-ordinated presentation of signs is required where there are multiple occupancies or uses within a single building. • C4. Signs are not permitted on public footpaths unless associated with a bus stop shelter or kiosk. • C5. Signage that will detract from the amenity or visual quality of heritage items or HCAs is not permitted. D1.17 • C6. Tower building facades shall be free from Signage signage from the top of the podium to the rooftop. • C7. Signage is not permitted facing private residential streets, or on side walls abutting residential properties. • C8. Signage is not to contain reflective materials and finishes. • C9. The lights to illuminate signage should be concealed or integral with the sign. • C10. Illuminated signs must not impact residential amenity. • C11. Relevant controls contained in Part C 1.15 Signs and Outdoor Advertising of Leichhardt DCP 2013 shall be considered when designing signs. • C1. A minimum of 1% of the overall development value should be provided for the No development of public art. Acceptable as the public benefit will • C2. All public art shall be relevant to the local be maintained character, the surrounding heritage items and HCAs, be of a scale appropriate to the public • Similar provisions to D1.18 have realm, and be specific to time and place. been levied on large developments Themes relevant to the Precinct include: within other town centres in the Inner - local geography, flora and fauna West LGA. - local heritage • While not raising objection to - urban revitalisation providing public art within the D1.18 • C3. Development applications are to include a scheme, the Applicant has Public art Public Art Strategy that describes how expressed to Council that 1% of the strategy proposed public art has been selected to suit overall development value is the historic, environmental, and social unacceptable in light of the VPA contexts of the Precinct and the surrounding area and contributes to a unique ‘sense of value already being committed. place’. • It is understood that the mechanism • C4. Public art must be located in publicly used to secure the provision of public accessible places such as street frontages, art on the site will be given further the plaza and external facing walls. consideration in the negotiation of Alternatively, monetary contributions may be amending the VPA. made to Council’s public art programs. • The Applicant’s Planner has advised • C5. Consult with Council and community Council that: groups in the design and execution of public “The Applicant intends on providing artworks.
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Section Provisions Compliance • C6. The use of public artists is encouraged. Public Art which will be developed in • C7. The Leichhardt Public Art Policy 10-Year accordance with a Public Art Strategy Strategic Plan 2015-2024 should be and Council’s relevant plans and policies. considered when preparing the Public Art Public art will be provided under a VPA Strategy. prepared in consultation with Council subsequent to the lodgement of the DA.” On 31 March 2020, the Applicant submitted a letter of offer to amend the existing Voluntary Planning Agreement (VPA) that is registered on the title of the land. The offer proposes to provide public benefit by monetary contributions and local infrastructure items. This offer is to be considered by Council on 8 September 2020. Council’s Strategic Investments Manager has advised that there might have been a section in a previous offer for public art but not in the latest offer (the Applicant has provided about 4 or 5 different offers over the past few years). The value for public art is replaced in the current offer by commercial floor space that could be used by local artists.
Ecologically Sustainable Development (ESD) Yes • C1. The development is encouraged to use an environmental rating tool, such as Green Star, • Refer to discussion under SEPP 65 – to demonstrate the degree to which it is an Design quality principle 4 – ecologically sustainable development. Where Sustainability and also discussion on Green Star is used, achievement of a various objectives of Part 4 – minimum of 5 stars is encouraged. Designing the building. • C2. The installation and use of photovoltaic solar panels is encouraged. Where possible, • The Applicant has submitted an solar panels should be co-located with ESD, NCC Section J and BASIX extensive green roofs to increase the Assessment Report. The initiatives operational efficiency of the solar panels. presented in this report demonstrate • C3. The development must increase urban a wide range of measures which will green cover on the site through tree planting, result in high levels of environmental D1.19 mass planted garden beds, WSUD, and green performance and also improvement Environmental roofs and walls. of occupants’ health, productivity, management • C4. The development must enhance urban comfort, and satisfaction. biodiversity by increasing habitat for local flora • The sustainability targets for the and fauna. development will be achieved in an • C5. Use building materials, fittings and integrated and staged approach finishes that have been recycled, made from or incorporate recycled materials, and have through minimising the need for been certified as sustainable or energy consumption (via passive ‘environmentally friendly’ by a recognised third measures) and then consumption. party certification scheme. • The development will meet and • C6. Where office premises with a net lettable outperform the following regulatory area of 1,000m2 or more are proposed, sustainability requirements: documentation is to be submitted confirming - BASIX - applicable to residential that the building will be capable of supporting a Base Building National Australian Built areas Environment Rating System (NABERS) - NCC Section J - applicable to the
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Section Provisions Compliance Energy Commitment Agreement of 5.5 stars non-residential areas with the NSW Office of Environment and • Reaching the total Energy score Heritage. Such an agreement is to be entered under BASIX, may be assisted by into prior to any construction certificate being installing a 170 kW PV for the issued for the approved development. development as a source of • C7. All new water fittings and fixtures such as renewable energy (if deemed showerheads, water tap outlets, urinals and toilet cisterns, in all non-residential feasible by the design team); development, the public domain, and private although this is not an essential open space are to be the highest Water requirement. Efficiency Labelling Scheme (WELS) star • The National Construction Code rating available at the time of development. (NCC) Section J is applicable to the • C8. Non-residential development is to be non-residential areas of the proposed designed to minimise the need for active development and sets regulations for heating and cooling by incorporating passive energy efficiencies for all types of design measures related to glazing, natural building with respect to the building’s ventilation, thermal mass, external shading, and vegetation. construction, design, and activity. It is determined that the development will • C9. All lighting within the public domain should be energy-efficient, such as LED lighting. meet and exceed the NCC energy efficiency requirements of Part J. Water Sensitive Urban Design (WSUD) • The proposed development is able to • C10. The development should adopt an meet thermal comfort and energy integrated approach to water cycle management and address water conservation, requirements. The proposal exceeds efficiency, stormwater management, drainage water targets. and flooding through a coordinated process. • The proposed development has also • C11. A suitably qualified engineer with been assessed against the Green experience in stormwater, drainage and Star environmental rating tool, WSUD is to assess the site requirements for Developed by the Green Building the proposed development, and prepare the Council of Australia. The required stormwater, drainage and WSUD development is not seeking a formal plans in accordance with the provisions of this Green Star certification. DCP and with best practice sustainable water management techniques. • C12. Design the site to maximise infiltration of stormwater, water, and drainage of residual flows into permeable surfaces, tree pits and treatment areas. • C13. Bioswales and rain gardens are to be incorporated into public open space and footpath design. • C14. Where filtration and bio-retention devices are proposed, they are to be designed to capture and provide temporary storage for stormwater. Water Re-use, Recycling and Harvesting • C15. Water used for irrigation of public and private open space (including green roofs and walls) is to be drawn from reclaimed water or harvested rainwater sources where there is feasible access to those water sources. Possible sources include harvested stormwater, treated greywater and wastewater and water from a decentralised local network. Water treatment measures must be incorporated to ensure that the water is fit for purpose. • C16. Rainwater tanks should be installed
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Section Provisions Compliance where there are roof forms from which rainwater can be feasibly collected and plumbed to appropriate end uses. Biodiversity • C17. New habitat features are to be incorporated into the development, including trees, shrubs and groundcover vegetation, water bodies, artificial habitat (such as insect hotels and habitat boxes), rockeries, and green roofs and walls where possible. • C18. Opportunities to link to, extend or enhance existing or potential biodiversity corridors should be realised in the new development. • C19. A mix of locally indigenous tree, shrub, grass, and groundcover species should be incorporated into the planting palette. Where this is not practical, use Australian native plants. • C1. The collection of all residential and commercial waste, recycling and bulky waste Yes is to occur on-site. • Refer to discussion under SEPP 65 – • C2. Residential and commercial waste areas Part 4W – Waste management. are to be separated (these areas should not • be accessible to one another). The Applicant has submitted an Operational Waste Management • C3. Waste and recycling must be managed, stored, and presented within acoustically Plan (OWMP). treated areas to minimise the noise of • This Plan has been updated to collection. address Council’s comments • C4. A Site Waste Minimisation and regarding the following waste Management Plan (SWMMP) addressing the management issues: demolition and construction phases is to be - Residential Bin Servicing submitted with a development application. The Procedures SWMMP is to provide details of the following: - the volume and type of waste and - Waste Room Areas recyclable materials that will be generated • Council’s Resource Recovery Officer at each stage of demolition and has reviewed the and considers it D1.20 construction satisfactory. Conditions have been Waste - the storage and disposal, and reuse recommended concerning ongoing where possible, of materials management waste management and collection. - full disclosure of any asbestos- • contaminated material found on site, and A preliminary Construction details of how it will be managed in Management Plan (CMP) has been accordance with the guidelines for submitted. Prior to the on-site asbestos work published by Safework activities commencing, this plan will NSW be revised by the contractor and • C5. A Resource Recovery and Waste expanded to provide a project Management Plan (RWMP) addressing specific site management plan, ongoing waste and resource recovery for both incorporating: residential, retail and commercial components - Operational Health &Safety of the development is to be submitted. The (OH&S) Management Plan; RWMP is to include details of the following: - types and estimated quantities of the - Environmental Management predicted waste streams Plan including Waste - size and location of recycling and waste Management Plan and storage areas, including bulky waste - Pedestrian and Traffic - routes of access and transfer from source Management Plan. to storage areas for all users • A condition is recommended requiring - routes of transfer from storage areas to a comprehensive Waste
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Section Provisions Compliance collection point Management Plan for demolition and - access route for waste and recycling construction to be prepared prior to collection vehicle any demolition works commencing. - ongoing management, including • Further conditions are recommended responsibility for cleaning and transfer of bins between storage areas and relating to the handling and disposal collection points, implementation and of waste. maintenance of relevant signage, and ongoing education of all residents/tenants Residential Waste Controls • C6. The residential component of the development must be designed to accommodate standard Council waste and recycling services and collection vehicles.
• C7. Waste and recycling storage areas are to be provided within the premises in reasonable proximity to the vehicle entrance, and no lower than one level below street level. • C8. Truck access must be designed to comply with Australian Standard AS 2890.2 Parking Facilities – Off-Street Commercial Vehicle Facilities. • C9. Access to garbage and recycling disposal points is to be provided on each residential level, either in the form of inlet hoppers, or bin storage cupboards/rooms. For residential buildings with a rise of four storeys or more, a waste chute is advisable. • C10. Cupboards/space is to be provided within each residential unit with the capacity to store up to two day’s generation of garbage, food waste and recycling. • C11. A dedicated space (room or caged area) is to be provided within or in close proximity to the bin storage area for the interim storage and management of Council-collected bulky waste and mattresses. A minimum of 8m2 is to be provided for every 50 residences. • C12. Additional communal space is to be provided for the separate recovery of materials including (but not limited to) textiles, hazardous, e-waste, polystyrene, materials under product stewardship schemes and problem wastes. A minimum of 1m2 is to be provided for every 50 residences. • C13. A dedicated space is to be allocated for communal composting or worm-farming for residents or design for source separation, collection, and processing of food organics. Non-Residential Waste Controls • C14. On-site composting via small scale composting system (such as anaerobic
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Section Provisions Compliance digestion system, dehydrator, composting) to avoid food waste entering the waste stream or design for source separation, collection, and processing of food organics. • C15. Arrange collection points to minimise the need for truck access and movement of trucks through the site. • C16. A minimum of 4m2 of dedicated space is to be provided for every 500m2 of retail, or every 2,000m2 of office space for the interim storage of bulky or fit-out waste, paper, cardboard packaging, batteries, equipment containing printed circuit boards, computers, televisions, fluorescent tubes or other recyclable resources from the waste stream. • C17. Space must be provided on-site in reasonable proximity to retail or commercial premises to store re-usable commercial items such as crates, pallets, kegs, and polystyrene packaging. • C18. Secure space is to be allocated for the separate storage of liquid wastes, including commercial cleaning products, chemicals, paints, solvents, motor and cooking oils. • C19. A Litter Management Plan for the Precinct’s open spaces and surrounding streets is to be submitted. • C20. The Precinct is likely to produce very large quantities of containers that are eligible for refund as part of the Container Deposit Scheme. Allocation of space for a publicly accessible Return and Earn take-back point (e.g. a reverse vending machine) is encouraged. • C1. Design excellence is to be achieved to ensure a high quality outcome for the Precinct. Yes • C2. Council’s design and heritage experts • Refer to discussion under SEPP 65 – shall assess proposals for the site and/or a clause 28. Design Excellence Panel shall be appointed • The proposed development has been by Council to determine whether design reviewed by Council’s Architectural excellence is achieved by the project. The Excellence Panel (AEP) on two proponent shall cover the cost of a design review process. occasions. • The AEP was constituted to provide • C3. The following criteria shall be considered high level independent expert advice D1.21 to determine whether design excellence is and expertise on architectural Design achieved: Excellence - excellence of architectural design, quality/excellence. The Panel is including internal layout, façade intended to inform the assessment of treatment, architectural detailing, roof certain DAs with a view to promoting features and spaces between buildings the delivery of exceptionally high - the proposed uses and use mix quality urban design, architecture - heritage conservation and restoration and sustainable buildings in the local - streetscape character and site context government area, and to ensure - the location of any tower/s proposed, future developments add to the having regard to the need to achieve an vibrancy, liveliness and acceptable relationship with other buildings on the same site or on attractiveness of the area. The panel neighbouring sites in terms of separation, consists of external urban design
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Section Provisions Compliance setbacks, amenity and urban form /architecture professionals as well as - the bulk, massing and modulation of Council’s Urban Design Advisor. buildings • - street frontage heights The Panel reviewed the proposed - environmental outcomes, such as development twice, on 12 November sustainable design 2019 and 31 January 2020, and has - overshadowing and solar access, visual met with the architect, landscape and acoustic privacy, wind and reflectivity architect and urban planner for the - noise and air pollution attenuation, project. especially along Victoria Road • The Panel considered the proposal - the achievement of the principles of Ecological Sustainable Development having regard to SEPP 65, the ADG - pedestrian, cycle, vehicular and service and LDCP 2000 Part D1.21. access and circulation requirements, • The Panel’s meeting minutes including the permeability of any (including recommendations) have pedestrian network been provided to the Applicant, who - the impact on, and any proposed has responded with changes to the improvements to the public domain - achieving appropriate interfaces at design. ground level between the building and the • Council’s Urban Design Advisor has public domain reviewed the current amended - excellence and integration of landscape design submitted to Council in light of design the AEP’s previous - high quality finishes and materials recommendations and has provided - public art excellence comments relating to the following matters: - Deep Soil Area and the planting an ‘iconic tree’ within the north- western corner of the site, to create a street presence and enhance a sense of place along Victoria Road. - An indoor plant for the Club has also been added to the south western corner of the site. This has reduced the extent of active frontage to Waterloo Street, which could be avoided by relocating the Club plant room to the basement. The active frontage to Waterloo Street could be fully maximised by replacing the current plant room with ‘up and over’ apartments located above the carpark driveway. - No amendments are noted to the building located at 699 Darling Street in respect of it being retained, including its roof form.
The Applicant has provided a response to each of these points (Refer to discussion under SEPP 65 – clause 28).
It is considered that the current design establishes a balance between the size, location, and relationships of all the spaces and the different land uses (with
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Section Provisions Compliance their differing requirements for services, access, traffic/parking etc…) within the proposed development.
D3. LEICHHARDT SECTION 94/94A CONTRIBUTIONS PLANS
The carrying out of the development would result in an increased demand for public amenities and public services within the area and Section 7.11 contributions are payable for the development if the proposal is determined by grant of consent. The monetary contribution equals $3,340,000 in accordance with the Leichhardt Developer Contributions Plan No.1 – Open Space and Recreation; Developer Contributions Plan No.2 – Community Facilities and Services (2005); and Leichhardt Developer Contributions Plan – Transport and Access. A condition requiring that contribution to be paid is included in the recommendation.
On 31 March 2020, the Applicant submitted a letter of offer to amend the existing 2008 Voluntary Planning Agreement (VPA) that is registered on the title of the land but has never been acted upon. The agreed value of the current VPA is $9,590,000 (as at the date of acceptance by Council) and includes infrastructure items that no longer form part of the proposed development (e.g. the pedestrian bridge over Victoria Road). The new offer proposes to provide public benefit by monetary contributions and local infrastructure items to the amount (as calculated by the Applicant) of $16,275,675.
Section 4.15 (1) (iiia) requires a consent authority when determining a development application, to take into consideration, so far as is relevant to the proposed development, any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4.
The Applicant’s Planner has objected to a number of recommended public domain conditions as the VPA offer contradicts a number of these conditions; including an offer of monetary contributions in lieu of s. 7.11 contributions payments. However, as at the date of this report Council had not agreed to accept the offer to amend the existing VPA.
Council is to consider the Applicant’s offer at its meeting on 8 September 2020. If the offer is accepted, the requirement to impose a condition requiring section 7.11 contributions to be paid may be unwarranted and therefore unnecessary.
D4. THE LIKELY IMPACTS
The likely impacts of the proposed development have been discussed in detail throughout this report. One additional matter that is required to be addressed is the possible site isolation of the adjoining property to the northwest, No. 703 Darling Street (Lot 2 in DP 323480). This issue was First raised in the pre-DA discussions between Council and the Applicant and was also raised in a letter dated 29 November 2019, from Swaab Lawyers, acting on behalf of Rozelle Village Pty Ltd ATF Rozelle Village Trust (RVPL), the owner of 703 Darling Street, Rozelle.
Swaab Lawyers advised Council Grand Rozelle Pty Ltd ATF the Grand Rozelle Unit Trust (Grand Rozelle) and RVPL are parties to a Deed of Grant of Easement dated 27 March 2018 (Deed) benefitting RVPL’s property and burdening Grand Rozelle’s property, which is part of the development site (Lot 1 in DP 528045). Clause 3 of the Deed grants RVPL the right to require
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Grand Rozelle to grant the Right of Way (as that term is defined in the Deed) benefitting the Benefitted Land and burdening the Burdened Land, granting access over the Burdened Land to Waterloo Street, Rozelle.
Clause 6 of the Deed entitles RVPL to nominate the site of the Right of Way, regardless of the location that may have been contemplated by the parties before the Deed was entered into.
In response to this submission, Council discussed this matter with the Applicant’s Planner, with a particular focus on ensuring that the established Planning Principle of site isolation (Karavellas v Sutherland Shire Council [2004] NSWLEC 251) was satisfied (i.e. when an adjoining site is to be isolated through redevelopment that orderly and economic use and development of the separate sites be achieved if amalgamation is not feasible). The Applicant agreed to prepare a plan that can be included with the stamped approved set, demonstrating how the future easement can be accommodated.
In summary, the Applicant submitted plans and a letter dated 1 July 2020 prepared by Mecone (the Applicant’s Town Planner) to address the potential site isolation of the neighbouring properties, particularly in relation to vehicular access and waste collection.
The letter sets out that: • Suitable vehicular access to the neighbouring property 168-172 Victoria Road, Rozelle can be achieved through the provision of a right of way through the development site. • An easement/right of way is proposed by the Applicant to provide for the transport of waste from the neighbouring property 168-172 Victoria Road, Rozelle directly into the waste collection room of the development for the storage and collection of bins.
On 19 August 2020, Council received a further letter from Swaab Lawyers stating:
We attach copy of plan prepared by Scott Carver of Basement Level 1, Ref: 20170127, AS-DA101 Rev 8 (Basement Plan), which indicates a location for vehicular basement access and the workings of the Right of Way, including the breakthrough location between the RVPL Land and the land the subject of the Development Application, owned by Grand Rozelle. We are instructed that RVPL is prepared to support the Development Application on the basis that: 1. in RVPL's opinion, the concerns raised in the RVPL Submission are adequately considered in the conditions of the development consent; 2. the conditions of consent include: (a) an obligation on Grand Rozelle to construct the Right of Way in the location, and in accordance with the design, as indicated on the Basement Plan, without deviation or variation which may arise due to the constraints of construction; and (b) an obligation on Grand Rozelle to cause the Right of Way (in the location as indicated on the Basement Plan) to be registered on title to the RVPL Land and the land the subject of the Development Application.
Conditions have been recommended in response to these matters.
Overall, having regard to all likely impacts of the proposed development, the assessment of the Development Application demonstrates that, subject to the recommended conditions, the proposal will have acceptable impacts in the locality.
D5. THE SUITABILITY OF THE SITE FOR THE DEVELOPMENT
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Provided that any adverse effects on adjoining properties are minimised, this site is considered suitable to accommodate the proposed development, and this has been demonstrated in the assessment of the application.
D6. COMMUNITY CONSULTATION
The originally submitted development proposal was notified in accordance with Council’s Notification Policy for 30 days. Notice of the application was published in the Inner West Courier newspaper; signs were placed on the site and letters issued to local residents/property owners. In response, 111 submissions were received. Following Council’s adoption of the amendments to the site-specific DCP for the Balmain’s Leagues Precinct, a revised proposal was submitted and notified in the same manner as the original and in response 29 submissions were received. A third revised proposal was submitted in response to Council’s Request for Additional Information as well as issues raised by external authorities. The amended DA was placed on public exhibition from 31 January 2020 to 1 March and a total of 93 submissions were received. A final amendment was submitted to Council in response to key issues raised at the Sydney Eastern City Planning Panel briefing. Given the minor amendments made to the proposal, Council notified all persons who previously made a submission for 14 days from 3 July 2020 to 17 July 2020 and a total of 1 submission was received. In total, 234 submissions were received overall. It is noted that a significant number of submissions received provided support for the proposal. The majority of objections received raised the following concerns that have been addressed throughout the main body of the report: (i) Traffic and parking impacts. (ii) Overshadowing. (iii) Non-compliant with FSR as expressed by LEP. (iv) Non-compliance with DCP. (v) Bulk and scale impacts. (vi) Height and number of storeys. (vii) Amenity impacts (acoustic and visual privacy). (viii) Poor design. (ix) Incompatibility with existing character. (x) Contamination. (xi) Voluntary Planning Agreement.
In addition to the above, the submissions raised the following concerns, which are discussed under the respective headings below:
Concern Comment
Wind Generation / Poor This Application is accompanied by a Pedestrian Wind Environment Public Space Statement prepared by WINDTECH Consultants Pty Ltd, dated April 13, 2018. Concern was raised with The effect of wind activity was examined for the three predominant wind respect to wind
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generated by the directions for the Sydney region; namely the north-easterly, southerly and development and poor westerly winds. The analysis of the wind effects relating to the proposed public space. development was carried out in the context of the local wind climate, building morphology and land topography. The results of this assessment indicate that the subject development may experience potentially adverse wind conditions. To improve wind conditions within and around the development, a number of recommendations have been made. IN principle, the wind conditions for all trafficable outdoor areas within and around the development is considered to be acceptable for the intended / proposed use of the development, in accordance with the recommendations made. A condition of consent is recommended requiring the inclusion of potential wind mitigation measures in the final design submitted with an application for a construction certificate; and that application be accompanied by a revised Pedestrian Wind Environment Statement, which is to include the results of wind tunnel testing, certifying acceptability of the wind mitigation measures. Rozelle School Rozelle Public School is located a significant distance from the site and is sited behind a landscape buffer and Rozelle Presbyterian Church. Due to Concern was raised with the separation distance, the proposal is not considered to result in any respect to the proposals undue or adverse privacy impacts. With regard to the capacity of Rozelle impact on the capacity Public School this is not considered a planning concern relevant in the and visual privacy of assessment of this application. Rozelle Public School.
Supermarket / The proposed mix of uses has been designed in response to the Council Economic impacts Darling Street Retail Study, which highlighted that there is a need for supermarket style retail in the area, but that significant specialty retail would Concern was raised with take away from the Darling Street retailers. The study also highlighted that a respect to proposals local supermarket (without ancillary specialty retail) would attract impact on existing retail, customers, who in turn would use the surrounding Darling Street retail. small business and Notwithstanding, an Economic Impact Assessment Report was submitted shopping centres within with this application, which included an assessment of the impacts of the the area. proposed retail area on existing businesses and the potential for the loss of employment. The analysis concluded that given the expected growth of the precinct and the wider area, in addition to the reduced retail being provided (5272m2 in contrast to the maximum permitted which is 9500m2) the development is likely to result in a net community benefit, providing for a number of economic and social benefits. The following design measures have been incorporated to ensure this: • The supermarket entrance has been placed close to Darling Street, to maximise foot traffic to the existing retail along Darling Street to ensure the DA does not undermine the commercial viability and vibrancy of the existing retail along Darling Street; • The lower-ground supermarket is smaller than a full line supermarket with no specialty retail adjoining it below grade. All specialty retail has
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been located around the Town Square, which directly connects to the Darling Street precinct at ground-level; • The commercial floor area is designed to support local innovation industries and co-working opportunities in accordance with the Eastern District Plan’s objectives for the Inner West. These workers will then utilise the surrounding Rozelle area shops and activity; and, • The proposed mix of uses has been considered by the Applicant’s economic consultant, who concludes that the location and size of the retail component of the DA has been designed to satisfy existing and future retail demand within the growing main trade area and the subject development will not impact on the hierarchy of centres or the role of other centres within the area. Finally, the fit-out and use of each respective shop/commercial space will be subject to future applications. Landscape and Green A minimum of 7% of the site area is a deep soil zone and the proposed Space development complies with the criteria of the ADG. The design also includes a soil vault within the proposed plaza to allow for the planting of Concern was raised with medium sized trees. This increases the total amount of site area respect to there being considered as deep soil area to approximately 10%. insufficient deep soil, The landscape design is generally satisfactory. However, Council’s Tree green space, and/or Assessment Officer requires further details of the design and accordingly, a trees provided on the deferred commencement condition is recommended requiring: site. - Landscaping details to demonstrate that there will be adequate soil volume and sufficient permeable soil mixes to allow for water and soil gaseous exchange to promote tree growth. - Tree planting details to include dimensions for above and below ground planting space. Additional details, including planting procedures, construction details of retaining walls and planter boxes as well as available soil depth is also required. - A Public Domain/Street Tree Planting Plan shall be submitted to Council for Waterloo Street and Victoria Road. Subject to the submission of satisfactory information in response to this condition, it is considered that the objectives and controls of the ADG and LDCP 2000 will be achieved. Dive Site for The use of the site by TfNSW/RMS for the purposes of the Western WestConnex/Western Harbour Tunnel project does not preclude determination of this application Harbour Tunnel and is a matter which will be negotiated between the applicant and TfNSW/RMS. Concern was raised with Suitable conditions have been provided by TfNSW to allow for the lease of respect to the site being the site by TfNSW/RMS for the purposes of the Western Harbour Tunnel as acquired for use as a a dive site if required. dive site for the Western Harbour Tunnel project.
Heritage impacts The subject site is not listed as a heritage item or located within a Heritage Conservation Area (HCA) under the LLEP 2000, however, is located adjacent to a HCA.
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Concern was raised with Notwithstanding, the proposal development has been reviewed by Council’s respect to the proposal’s internal Heritage expert and Architectural Excellence Panel (AEP) on two impact on the heritage occasions (refer to Section D9 for comments). value of the area. The applicant provided a response to the recommended design changes and requested additional information which is considered to be well justified and no further Heritage design changes are required. Overall, it is considered that the current design establishes a balance between the size, location, and relationships of all the spaces and the different land uses (with their differing requirements for services, access, traffic/parking etc…) within the proposed development. In addition, the proposed finishes and materials are also considered satisfactory having regard to the controls and objectives of D.1.16 of the LDCP 2000. Overdevelopment The proposal generally complies with the aims, objectives and design parameters contained in the ADG and LLEP 2000, including the FSR Concern was raised that development standard. the size of the proposal As discussed previously, a deferred commencement condition is constitutes an recommended requiring the applicant to specify the allocation of parking overdevelopment of the spaces on the site in order to comply with the DCP car parking site and would set a requirements. precedent for development in the area. In addition, the proposal generally accords with the site-specific LDCP 2000 provisions and is considered to result in a form of development, which is consistent with the desired future character of the Balmain Leagues Club Precinct, and the objectives of the Business Zone. In light of the above, it is considered the proposal does not constitute an overdevelopment. Affordable Housing The proposal does not seek consent for affordable housing. The proposal is accompanied by a Voluntary Planning Agreement that makes provisions for Concern was raised with a monetary payment. This payment is to be invested at Council’s discretion respect to the exclusion and could potentially contribute to the provision of affordable housing in an of affordable housing as alternative location. part of the development.
Subject Amenity The proposal is generally consistent with the key ADG requirements, including solar access, amenity, setbacks, cross ventilation and visual Concern was raised with privacy. While minor variations to the numeric building separation respect to internal requirements are proposed, appropriate privacy mitigation measures have amenity of the dwellings, been included to ensure the proposal remains consistent with the setbacks and separation associated objectives design guidance. between the buildings.
Tigers Club / Leagues One of objectives in the site specific DCP provisions is for the development Club to promote the long-term viability of the Balmain Leagues Club on the site, for the benefit of the local community. Concern was raised with The Club floor area has been slightly reduced from the maximum allowable respect to financial FSR in the LLEP 2000. A larger floor plate was considered to incur viability of the Tiger’s significant fit-out costs which would not be able to be feasibly managed, as Club and the community well as ongoing maintenance of facilities that may not be well utilised as
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benefit associated with they have been historically (e.g. gymnasiums and swimming pools). The the Leagues Club. smaller size of the Club area provided will be more practicable for the ongoing operation of a Club on this site. In addition, the location of the Club has been carefully considered to ensure its importance as part of the overall development. The Club will utilise the majority of the at-grade floor space of the development, with strong presentation and connectivity to the Town Square, Darling Street and Victoria Road. Previous applications proposed the Club at either above or below ground levels, reducing their potential visibility and therefore viability. Overall, the proposal has demonstrated that the long-term viability of the Club can be achieved and that the Club will provide acceptable community benefit and complies with the objectives of the site specific DCP. Demolition and Standard conditions are recommended, including a restriction in terms of construction impacts hours, to ensure the proposal will have an acceptable impact on the surrounds during its demolition and construction phases. Concern was raised with respect to the proposal’s impact on the surrounds during its demolition and construction.
Pedestrian Safety Conditions are recommended for the following traffic calming measures to further reduce adverse impacts upon, and enhance safety for, the residents Concern was raised with of Waterloo Street: respect the traffic • impacts and pedestrian Design the Waterloo Street exit in the manner that precludes right turn movements onto Waterloo Street safety. • Close the Waterloo Street exit after 8pm; thereby facilitating use of the Victoria Road exit • Loading dock management to restrict use of the loading dock after 8pm. It is considered that subject to the above conditions, the proposal has been designed appropriately and will ensure the protection of surrounding residents and pedestrians accessing the site and in the vicinity. Public Transport The transport and accessibility issue has been a key consideration in the planning for development on this site. Both public transport and roads Concern was raised with consume scarce resources: money, land, and fuel to operate vehicles. In respect the proposal’s resource use terms, public transport has what economists call returns to impact on existing public scale: the more users, the greater the economic benefit. Road traffic, on the transport systems. other hand, displays diminishing returns to scale. This is because roads quickly fill up with traffic, and once congestion sets in, each additional vehicle slows everyone down. Shifting car trips to public transport reduces pollution and noise, helps conserve open space in the long term, supports other environmentally friendly modes like walking and cycling, and is vital to our efforts to avert climate change.
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Sustainable Modes of The proposal includes the provision of adequate cycling facilities and Transport parking for visitors and residents. In addition to bicycle parking facilities, a Green Travel Plan (GTP) will be Concern was raised with implemented to encourage the uptake of nonvehicular modes of public respect to the proposal’s transport, including walking and cycling. provision of bicycle facilities and sustainable The GTP will be subject to ongoing monitoring. These measures will ensure modes of transport. that the recommendations of the plan will lead to real material outcomes with respect to the uptake in sustainable modes of transport. Leagues Club - The information provided by the applicant into the viability and use of the Gambling Leagues Club highlight that Club use and design has changed significantly in the last 10 years, particularly with respect to Club size and approach to Concern was raised with food and beverage offerings. Historically, Clubs heavily relied on gaming respect to the proposed machines whereas, now they have a greater focus on the wider community impact of gambling from and families with large food and beverage areas. the leagues Club on The proposal has been designed to incorporate a number of food and residential dwellings on beverage premises next to the Club surrounding the town square which the the subject site. Club will rely upon. As discussed previously, the Club floor area has also been reduced from the maximum allowable FSR in the LLEP 2000. The fit-out and use of each respective shop/commercial space, including the Club will be subject to future applications. Pedestrian Bridge The pedestrian bridge initially formed part of a Voluntary Planning Agreement; however, was not supported by both the Department of Concern was raised with Education and RMS who objected to its inclusion. respect to the exclusion The pedestrian bridge no longer forms part of the amended VPA offer, a of the pedestrian bridge range of other benefits are provided under the amended VPA, which is to as part of the be considered by Council on 8 September 2020. development
D7. THE PUBLIC INTEREST
The public interest is best served by the consistent application of the requirements of the relevant Environmental Planning Instruments, and by Council ensuring that any adverse effects on the surrounding area and the environment are appropriately managed. The proposal is not contrary to the public interest.
D8. REFERRALS
Internal Authority Submissions
Property No response received – public benefit negotiated as part of the VPA with Council. Conditions of consent included to address any potential impact to Council land.
Building Certification
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27 February 2020 (Kerry Hunt) No objection raised subject to conditions of consent.
Community Services/Social Planning
27 February 2020 (Johanne Gallagher) General observation The proposed development is very much focused on trade and growth in retail which is positive. However, given the location with its proximity to transport and the Rozelle village centre, it might consider the needs of an ageing community which will be significant contributors to the main trade area socio economic profile in the future. Table 2.2 of the Economic Impact Assessment shows the Age distribution breakdown and in 2016 census there were 51% of people in the 40-49, 50-59 and 60+ age groups combined for the Primary Sectors (East and West) and about 26% combined for the 20-29 and 30-39 age groups. That’s almost double the amount of older people relative to younger people and they have good economic status in that area.
Diversity of Housing models The SIC mentions affordable housing units (4) and Adaptable Units (18) in the description of unit mix. This could potentially be an opportunity to rethink the design of those units to pilot a Senior’s Co- housing model of 22 units (including carers units and facilities) because of the accessibility and having its own Town Square. Also, it would be prudent to build in accessibility and at least gold standard design from the start to future proof and be cost effective so that anyone can live there at any age or with disability.
Accessibility for all Under the policy theme (Page 10), Social infrastructure,
• Create opportunities for increased shared use, and more flexible use, of under-utilised facilities to support growth and respond to the different needs of local demographic groups. • In new developments, provide multipurpose and intergenerational facilities to support better access to and use of infrastructure. This is reinforced particularly through the large numbers of grandparents providing childcare for pre-school age children. • In thinking about the public spaces, it is important to have space for shared recreation such as community gardens, bee keeping or other activities that might encourage intergenerational activity, and building community and social capital. • The adoption of universal design approach and principles in advising the developers is welcomed. It is always difficult with Access Reports to gauge the extent to which barriers have been designed in rather than out. The report advises that most areas appear ‘Capable of achieving compliance’ however that does not instil confidence as it requires significant diligence in each successive step and design/construction stage to produce a truly accessible outcome clear of alternative performance arrangements that often dilute access, function and practicality for end users. One such example is in section 9.1: • MGAC has reviewed the drawings and documentation in relation to the aforementioned requirements. On the basis of the current level of detail all access requirements appear capable of
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achieving compliance. • The development has proposed end of trip facility (EOTF) in the basement level. Currently there is no design proposal to have an accessible EOTF on this level. However, an accessible WC with shower facilities will be proposed on the ground floor. Although this may raise equity issues under the DDA this design solution may be addressed under a Performance solution. • Ensure Adult Change places toilet is in accordance with BCA F2.9. Further reviews will be performed during design development stage to ensure appropriate outcomes are achieved. Residential Section 6.1 Adaptable units, in addition to a mixture of 1, 2 and 3 bedroom types:
• Note that the interpretation that the 10% of the adaptable (check if they are to be ‘adapted’ rather than capacity to be adapted) units also counts towards the 20% of Liveable units to a silver level. This means 10% of an intended provision will be lost and I’d argue may not be the intended outcome of the relevant Leichhardt DCP control or policy. • Such an interpretation amounts to double dipping when the industry target is for all new housing to be 100% Liveable by 2020 and the reduction of this benchmark seems unnecessary. • I suggest that we need to respond to the demographics we are aware of and projecting such as the ageing of the community rather than to build for the demographic of the past. To reinforce that point the draft LSPS includes the statement that ““Recent research has indicated that if you added together the number of older people, people with disability and those with chronic health conditions, the proportion of households across Australia living with at least one person with mobility limitations comes to more than 60% (Liveable Housing Design Australia, 2018).” • In addition to a mixture of 1,2 and 3 bed types ensure that both the adaptable and Liveable units are reflective of the range of dwelling size and type and so that options are available at each price point, aspect and amenity. Entrances
• Section 4.2 - can we make all entrances accessible? It is noted there is no proposed ramp access along Victoria Rd, while a lift may address this aspect it will be a major problem during a failure or maintenance as highlighted in the report. Additionally, it will be a major deterrent to any potential resident from choosing to live in a unit if they need the adaptable of liveable features. Benchmarking If we have capacity through a VPA to negotiate improved outcomes perhaps we should propose what we know to be needed and ask the development to respond to that. This would benefit the Access Consultants who are a part of their team to guide the development to that end and compliment the ‘enhanced benchmarks set by the project’ (page 5 access review). Areas that could be considered for higher (than code) benchmarks include:
• Common areas including any rooftop space and public domain landscaping. The benchmark aim would be to provide adequate and functional access, shade and amenity and consider needs of groups listed in 2.2 but expanded to consider older people, families including those with additional disability and what is needed for them to undertake daily activities together and with ease. • Design incorporation of contemporary Wayfinding standards • Ensuring that activities promoted along the pathways can be enjoyed as well as reaching them. This may include recommendations for fit outs (including in retail spaces) which can often compromise or reduce accessibility after occupation • Noise reduction to accommodate a range of people with various sensory, cognitive or psychosocial conditions
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• Recommendations on emergency management and evacuation. Note the report highlights existing design does not allow for waiting space within fire stairs. This may have impact on emergency and evacuation capacity which does not seem to be mapped out. Emergency passenger lifts as recommended appear to be the best solution. Fire Safety 25 February 2020 (Michael Kountourogianis) No objection raised subject to conditions of consent.
Environmental Health 20 Feb 2020 (Thomas Facey) Request for further Information
Electromagnetic If there is any nearby electrical substations or major source of power-frequency electromagnetic fields an Electromagnetic Field (EMF) Survey prepared by a suitably qualified and experienced environmental consultant shall be submitted to Council for the proposed development which demonstrates that the power-frequency electromagnetic fields emitted by any nearby Electrical Substations or major sources of power-frequency electromagnetic fields will not have an adverse impact on human health. The report is to include (but not limited to):
• State maximum expected EMF strength values; • Human impact of the measured and maximum expected EMF; • Determine compliance in terms of the National Health and Medical Research Council (ARPANSA RHS30:1989) limits of human exposure; and • Recommendations of measures to mitigate any electromagnetic non-compliance issues. Air Pollution According to the Development near rail corridors and busy road interim guidelines an air quality report should be deigned it the development is "Within 20 metres of a freeway or main road (with more than 2500 vehicles per hour, moderate congestions levels of less than 5% idle time and average speeds of greater than 40 km/hr)" The proposed is on Victoria Road and according to the NSW Traffic Volume Viewer in 2018 there was a average of 34,462 vehicles going east and 37,175 vehicles going west. On average this is over 2500 vehicles per hour, and being in close proximity to an aerial road such as Victoria Road. An air quality report should be done.
Land Contamination A phase one Preliminary Site Assessment was prepared by Aecom on the 17 April 2018 (reference number 60871529). The report does not conclude that the site is suitable for the proposed use. The recommendations state that further investigation is needed therefore a stage 2 Detail site investigation report must be provided to Council. A Remedial Action Plan must be completed if the site requires remediation. A Remedial Action Plan (RAP) was prepared by Aecom on the 18 December 2009 (reference number 60101268). This report is ten (10) years old and Council will require an up to date RAP.
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27 April 2020 Request for further Information The report has not yet been updated to reflect the current design plans and that this is necessary to ensure that the appropriate acoustic recommendations are adopted. A fully revised acoustic report may not necessarily be required, if the applicant’s acoustic consultant believes that an addendum to the report may be suitable and/or satisfactory. However, updated acoustic information to reflect the most recent scheme is required.
26 June 2020 No objection raised subject to conditions of consent.
Heritage & Urban Design 25 May 2020 (Sinclair Croft) Council’s Heritage officer did not raise objection to the proposal but requested the following amendments be made to the application:
• The proposal should address the possible site isolation of No. 703 Darling Street. • The urban design study should include testing of the future likely design options for the adjoining sites along the north western and south eastern boundaries. The testing should ensure that future development on adjacent sites is not prejudiced in terms of residential amenity, visual impact and solar access. • Consider a podium + tower typology for sections along Victoria Road. The upper residential levels should be provided as more condensed towers with adequate building separation provided for environmental aspects including wind, overshadowing and visual impact. A building base with a continuous street wall height should be provided along Victoria Road. The built form should correspond with the fall of land. • The towers must be set back further from Victoria Road to allow for a more sympathetic street frontage. They must be redesigned so they respond to the street level adjacent. • The current unnecessarily elongated residential floor plate (combining buildings A, B and C) is not supported because the concept primarily borrows amenity from the adjacent north western and south eastern sites. The redesign should ensure that the residential towers incorporate building separation and zone transition requirements from the ADG (Refer Part 3F-1 and 3F-5) with regards to the side setbacks. • More retail and commercial space must be provided along the Victoria Road frontage, to the Lower Ground and Upper Ground levels, and must relate to the street level. • Provide detailing to the podium level that is consistent with, and complementary to, the façade detailing typical of the commercial buildings in the HCA, including parapet detailing to Victoria Road. • The design of 2 and 3 storey development to Waterloo Street must be further refined so they are fine grained buildings that provide a more cohesive streetscape. Blank unarticulated walls should be avoided where visible from the public domain. Their front setbacks must complement the established setback of dwellings on the south western side of the street. • The amendment to the south west (Waterloo Street) elevation must be redesigned avoiding blank unarticulated walls visible from the public domain blank façade, making the façade less interactive with the street.
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• The proposal should ensure that an acceptable level of solar access is achieved to both living rooms and private open spaces of the apartments as per the ADG Criteria 4A-1. • The tower separation distances should also be considered to improve direct solar access to the communal open space above the podium. A minimum of 50% direct sunlight is required to the principal usable part of the communal open space for a minimum of 2 hours (ADG 3D-1). • Provide a deep soil area for environmental benefits. The deep soil area should be integrated with the communal open space and provided to match ADG Criteria 3E-1. • The proposed through-site links from Victoria Road to Waterloo Street would only have merit if provided free from barriers for accessibility and with a clear line of sight to promote walkability through the development. • The building at 1 Waterloo Street (699 Darling Street) must be retained, including its roof form. The building must be incorporated into the proposal and incorporate Heritage Lane within the ground floor component of the building. • The plaza should be visually and physically integrated with Waterloo Street. • The plaza should achieve good solar amenity throughout the year. A high-quality landscape design should be provided integrating soft and hard landscaping areas, and a deep soil area within the plaza. • The street level integration along Victoria Road is not supported since the interface is predominantly occupied by vehicular access, a slip lane and building services. The ground floor should be redesigned with preference given to the pedestrians. The interface should be provided with uses that activate the street edge and promote passive surveillance of the Victoria Road streetscape. • The 3 storey apartments along Waterloo should be provided with a 3m landscaped setback. The setback is required because these apartments are elevated above the footpath due to fall of land. The landscaped setback will soften the building edge and will provide a better interface to the low-density dwelling houses across the site. • Use of light wells for amenity in building C should be avoided.
12 June 2020 The following additional information was requested to be provided:
• Detailed drawings at a scale of 1:20 of the shopfronts adjacent to Darling Street must be provided. These drawings must include the shop facades of both 697 Darling Street and 1 Waterloo Street (699 Darling Street). • Revised perspectives for Heritage Views 2 and 3 must be provided that accurately depict the proposed development, e.g. include the podium level, and include the whole of the former Police Station building in the view. • A detailed colours and materials schedule must be submitted for consideration and in accordance with the following: • The charcoal tint glass must be replaced with clear glazing; • The “bronze look” must be replaced with a softer, muted, tone; • Metal standing seam panels must be replaced with a more solid material; • Bronze tinted glass to balconies must be replaced with metal balustrades; • Delete the green walls where they will be visible from the public domain, e.g. Victoria Road and Darling Street; • Clarify where “timber look cladding” is proposed.
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The applicant provided a response and Council’s Heritage Officer has considered the response to be justified and recommended the following conditions of consent:
Photographic Archival Recording: A full archival record of the building and landscape elements to be altered is to be submitted, to the satisfaction of Council’s Heritage Specialist, prior to the commencement of any work and prior to the issue of a Construction Certificate.
Heritage Interpretation Plan A Heritage Interpretation Plan for the Balmain Leagues Club site must be submitted to and approved by Council’s Heritage Specialist prior to the issue of a Construction Certificate. The plan is to be prepared by a suitably qualified and experienced heritage practitioner or historian in accordance with the ‘Heritage Interpretation Policy’ published by the Heritage Council of NSW and the NSW Department of Planning in August 2005 and ‘Heritage Information. Series, Interpreting Heritage Places and Items Guidelines’ published by the former NSW Heritage Office in August 2005.
Historic Marker or Plaque A vandal and weather resistant plaque is to be provided and installed within the "Heritage Lane" off Darling Street describing the history of the site and building prior to the issue of an Occupation Certificate. The design, location and wording must be submitted for the approval of Council’s Heritage Specialist prior to manufacture and installation. The marker is to be incorporated into the heritage interpretation plan.
Landscape 15 April 2020 (Leon Limberiou) No objection raised subject to following points being addressed by the applicant or imposed as conditions of consent: • Landscaping details are required to demonstrate that there will be adequate soil volume and sufficient permeable soil mixes to allow for water and soil gaseous exchange to promote tree growth. It must be clearly demonstrated that all vegetation proposed to be planted on site can be sustained in the landscape in the long-term. This includes The position of all proposed driveway crossovers, excavation for basement level and all required below ground services that may impact trees to be planted on site. • Tree planting details must be submitted. These shall include dimensions for above and below ground planting space. Additional details, including planting procedures, construction details of retaining walls and planter boxes as well as available soil depth is also required. • In addition, a Public Domain/Street Tree Planting Plan shall be submitted to Council. New trees shall be located within the footpath outside the subject property. The species of tree selected shall be Melaleuca linariifolia (Narrow leaved Paperbark) to be planted along Waterloo St and Corymbia eximia (Yellow Bloodwood) to be planted along Victoria Road. It is recommended that the applicant is directed to Appendix 6.6 of the Marrickville Street Tree Master Plan 2014 for further street tree planting specifications. Waste 21 January 2020 (Kirsten Pitot)
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No objection raised subject to recommended conditions of consent.
Development Engineer / Transport Planner 27 August 2020 (Sean Howie and Ken Welsh) Traffic and Parking
Reference is made to the Traffic Review prepared by JMT Consulting dated 29 June 2020.
The development proposal includes a service vehicle ingress and egress from Victoria Road with light vehicle ingress and egress from Waterloo Street. All ingress and egress will be in a forward direction. It is noted that TfNSW (Roads and Maritime) support service vehicle ingress and egress from Victoria Road without a deceleration lane.
Subject to the modifications to access and parking arrangements that have been worked through with the Applicant and the recommended conditions of consent, the proposed access and parking arrangements are generally satisfactory having regard to Part D1.14 Vehicular and pedestrian access and D1.15 Parking of LDCP 2000. Consequently, the view can be formed that the objective set out in LLEP 2000 Schedule 1 Part 3 Clause 2 (d) is met: (d) the traffic generated by the development does not have an unacceptable impact on pedestrian or motor vehicle traffic on Darling Street, Waterloo Street and Victoria Road, Rozelle, The proposed modifications to access and parking are discussed below.
Modified access and parking arrangements To address amenity impacts of late night egress from the site on the neighbouring properties in Waterloo Street, all egress from the site will be via Victoria Road between 8pm and 5am.
While it is noted that vehicles are able to return to Waterloo Street (via Moodie Street) between 8pm and 5am, analysis of forecast evening traffic movements, using the Victoria Road exit after 8pm, indicates that the likely peak departure from the development (8pm to 9pm) will result in an approximately 30 vehicles using Moodie and Waterloo Streets. A total of approximately 100 vehicles can be anticipated to use this route between the 8pm and 5am period.
These numbers reflect normal operating conditions of the development and it is considered that this is a relatively small number of additional movements and does not warrant the inconvenience for local residents that would result from a left turn prohibition into Moodie Street from Victoria Road.
Notwithstanding the above 8pm to 5am egress arrangements, the analysis indicates that the total traffic movements along Waterloo Street is estimated to be in the order of 3000 vehicles per day, which is at the top end of the acceptable range under the TfNSW Guidelines for Environmental Capacity of Residential Streets.
It is considered desirable to further reduce traffic movements to minimise amenity impacts on Waterloo Street. The applicant’s modelling suggests that a maximum of 2800 cars movements per day along Waterloo Street is achievable through the multiple use of the commercial car parking spaces. The
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Applicant proposes that the 23 designated commercial spaces be converted to general parking at night and on weekends, the likely times for peak parking demand for club and retail patrons. This will allow for a corresponding reduction in the number of club and retail car parking spaces. The effect of the multiple use of the commercial car spaces is to reduce the total daily number of car movements generated by the development. This will also maintain capacity in Waterloo Street to accommodate any traffic demand from future development on sites adjoining the subject land.
The modelling has considered the proposed additional Level 3 Basement, which has increased the total proposed on-site cark spaces from 265 to 334; and it is this new proposed number of car spaces that generates traffic movements at the top end of the acceptable range (3000 vehicles per day). In summary the development now provides the following on-site car parking:
Parking spaces by land use Previous Proposed Scheme scheme Residential 117 134 Commercial (incl. live/work) 20 23 Club (incl. 1 community bus) 51 87 Retail (incl. 6 required car share 70 84 spaces) Sub-total 258 328 Parking spaces by land use Previous Proposed Scheme scheme Car wash, taxi/Uber & community bus (1 additional bus 6 6 bay to that required by DCP Amendment No. 18)
Total 265 334
Justification for reducing/reallocation of on-site car spaces: In relation to the car parking demand requirements of the Leichhardt DCP 2000 (Amendment No.18) and LDCP 2000, it is noted that the requirement for 334 spaces is generated by the cumulative parking rates of each individual land use. In the case of the club and retail premises, the number of parking spaces required by the DCP is based on the average maximum likely to be experienced across the week. This does not take into account any car parking management strategies that provide for the change in parking demand by different land uses within the development over a 24 hour / 7 day period. Such strategies reflect the parking demand for the development as a whole rather than the sum of the individual parts. For clubs and restaurants it is well recognised that those land uses generate greater demand on weekends and in the evening, whereas the primary parking demand for commercial development is during business hours. Consequently, the likelihood exists that a large proportion of the parking spaces provided for commercial tenants (and their visitors) would be vacant in the evening and on weekends. Based on this, the multiple use of the commercial spaces has considerable merit. A common example
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of this form of parking management is seen in many Sydney CBD car parks, where a specific company will be identified by a sign, either on a space or for a specific area, indicating that the specific company has exclusive use of that space for the signposted hours and that outside these hours the parking reverts to general parking.
Accordingly, the total parking spaces allocated to club and retail parking will not result in a reduction in the total number of on-site car spaces by 23 as the following Observations and Table demonstrate:
Observations concerning any reduction/reallocation of on-site car spaces having regard to Council’s DCP requirements: • 3 commercial car spaces are to be added to the residential car space allocation to cater for the 3 live/work units. The residential car space allocation is to be increased to137 and the commercial allocation is to remain at 23. • 7 car wash bays, taxi/Uber and community bus spaces are to remain unchanged. • 6 car share spaces are not to be incorporated in the total of retail car spaces and are required to remain and be separately allocated.
Reduction/reallocation requirement considering Parking spaces by land use Council’s DCP Amendment No. 18 requirements Residential (incl. live/work) 137 Commercial (excl. live/work) 23 Club To be reduced by 23 Retail spaces to provide total club/retail spaces (excl. Total Club and Retail 6xcar share and 1xbus) 147 Community Bus (separately 1 allocated) Car Share spaces (separately 6 allocated) Sub-total 314 Parking spaces by land use DCP General requirement Residential car wash bays Taxi/Peer to Peer ride sharing 3 Community bus (1 additional 2 bus bay to that required by DCP 1 Amendment No. 18)
Total 320
Therefore, a condition is recommended to reduce the number of parking space from 334 to 320 to reduce the traffic generated from the site.
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Whilst the above is supported in principle, the proposal to incorporate multiple use of parking spaces and reduce the total parking numbers is inconsistent with the submitted basement floor plans. Traffic generation and parking demand/provision are considered fundamental and essential matters to be considered in the determination of the acceptable and satisfactory form of development on this site. These matters are of considerable concern to local residents. To ensure that the public interest is best served, it is considered vital that that Council is satisfied that the approved design provides finality and certainty. Accordingly, a deferred commencement condition is recommended to ensure that the consent will become operable only when the layout and allocation of car parking is acceptable. Operational conditions are recommended requiring the above traffic and parking management is to be incorporated into already agreed measures including (but not limited to): o Pre-and post-commencement parking and traffic studies o Design of the Waterloo Street exit in the manner that precludes right turn movements to Waterloo Street o Closing of the Waterloo Street exit after 8pm; thereby facilitating use of the Victoria Road exit o Loading dock management to restrict use of the loading dock after 8pm o Implementation of a Green Travel Plan which includes all potential users of the development, including visitors to the club and restaurants o Implementation of a special event traffic management plan to address potential super peaks from club special events e.g. Balmain Tigers NRL finals games.
Therefore, a condition is recommended to reduce the number of parking space from 334 to 320 to reduce the traffic generated from the site.
Quantum of Parking Reference is made to the Floor Plans, Lower Ground (Rev 6), Basement Level 1 (Rev 8), Basement Level 2 (Rev 8) and Basement Level 3 (Rev 7). The Applicant’s parking study dated 20 December 2019 identifies that following parking requirements (car/bicycle/motorcycle) by apartment size (number of bedrooms) and land use:
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In summary the development provides: • 334 car parking spaces (134 - Residential, 2 – taxi / Peer to Peer ridesharing (eg. Uber), 2 - Bus, 23 - Commercial, 86 - Club, 78 - Retail, 6 - Public Carshare and 3 - residential carwash bays) • 18 motorcycle parking spaces – (10 - Club/Commercial/Retail and 8 – Residential) • 192 bicycle parking (84 - Resident, 18 – Resident/Visitor, 30 – Retail/Staff, 60 – Retail/Visitor.
Number of spaces Parking allocation
134 Residential car parking spaces 117 x User Class 1 and 14 x Adaptable and 3 x Parking for persons with a disability to AS2890.6
14 Commercial tenant car spaces 14 x User Class 1
11 Commercial visitor car spaces 10 x User Class 3A and 1 x Parking for persons with a disability to AS2890.6
86 Visitor spaces – Club 85 x User Class 3A and 1 x Parking for persons with a disability to AS2890.6
78 Visitor spaces – Retail 71 x User Class 3A, 5x Small Car Spaces and 2 x Parking for persons with a disability to AS2890.6
6 Car share spaces - User Class 3A 3 Resident Car wash bay
2 Taxi/Commercial Peer to Peer ridesharing - User Class 3A 2 Club Community Bus - User Class 3A
10 Motorbike visitor spaces – Club and Retail
8 Motorbike spaces – Resident
84 Resident Bicycle Spaces – Security Level 2
18 Resident Visitor Bicycle Spaces
30 Retail Staff Bicycle Spaces – Security Level 2
60 Retail Visitor Bicycle Spaces
4 Loading Bays 1xHRV, 1xMRV and 2xSRV
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Site Isolation of neighbouring properties – vehicular access and waste Reference is made to the letter dated 1 July 2020 prepared by Mecone (the Applicant’s Town Planner) to address the potential site isolation of the neighbouring properties, particularly in relation to vehicular access and waste collection.
The letter sets out that: • Suitable vehicular access to the neighbouring property 168-172 Victoria Road, Rozelle can be achieved through the provision of a right of way through the development site. • An easement/right of way is proposed by the Applicant to provide for the transport of waste from the neighbouring property 168-172 Victoria Road, Rozelle directly into the waste collection room of the development for the storage and collection of bins.
Council supports this concept to provide access to the adjoining properties and conditions have been in response to these matters.
Further, reference is made to a submission letter dated 19 August 2020 prepared by Swaab that outlines support for the development by the registered proprietor of Lot 2 in DP323480, Lots A and B in DP436153 and Lots 1 and Lot 2 in Strata Plan 67362 subject to conditions addressing the Right of Way strictly in accordance with the plans and Registration on Title.
In preparing conditions, regard to the above submission and requests have been made. It is considered the documentation provides a suitable design with supporting conditions imposed to ensure provision of access is included in the design and made available for the relevant neighbouring properties. It is not the intent to impose conditions relating to the final details of the access arrangements and design as these are to be negotiated between the relevant parties.
Other matters: Planner to address and/or note: • The parking allocations are shown on the plans. No specific condition imposed on allocations other than allocation of Commercial Parking for late night Club/Retail use. • TfNSW / RMS conditions are not included in the recommended conditions below. • Green Travel Plan to be included in stamped documentation. • Loading Dock Management Plan is addressed by RMS conditions. • Complete set of Stormwater plans is required for stamping. • A plan of the loading dock showing all relevant dimensions is required for stamping. The following items have been addressed by Condition • Electric vehicle charging as per DCP requirements • Provision of 6 public-carshare spaces • Easement for uphill properties to drain water • Footpath widening on Waterloo Street and Victoria Road as required by DCP to be. Public Right of Way as existing footpath is sufficient for signage, utility services etc… • Pre-development and post-commencement parking and traffic studies, incl. road safety audits • Design of the Waterloo Street exit in the manner that precludes right turn movements to
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Waterloo Street • Egress to Waterloo Street between 8pm and 5am is not permitted. Restrict use of the loading dock after 8pm • Implementation of Green Travel Plan • Preparation and implementation of a special event traffic management plan • Provision of Community Bus • Provision of 2hrs free parking • Designated dual use commercial parking allocated to for exclusive use between hours of 8am and 6pm on weekdays. Outside of these times, all Commercial Car Parking Spaces to be available for public use. Architecture Excellence Panel 15 July 2020 (Vishal Lakhia) Urban design and heritage comments:
1. Deep Soil Area: a. It is noted that a vehicular ramp has been added to the Level 1 Basement to provide a right-of- way access to the adjacent lot. This results in reduction of the deep soil area within the north western corner of the site. b. The Architectural Excellence Panel at the 31 January 2020 meeting had encouraged the applicant to consider planting an ‘iconic tree’ within this corner, to create a street presence and enhance a sense of place along Victoria Road. c. An addition of a vehicular ramp (below) and reduction in the deep soil area should ensure that healthy growth of the ‘iconic tree’ and its root system is achievable. 2. Waterloo Street Frontage: a. It is noted that a circular vehicular ramp connecting the loading dock with the lower ground floor has been added below the Live/Work units addressing Waterloo Street. An indoor plant for the Club has also been added to the south western corner of the site. b. The additions of these services have reduced the extent of active frontage to Waterloo Street, which could be avoided by relocating the Club plant room to the basement. The active frontage to Waterloo Street could be fully maximised by replacing the current plant room with ‘up and over’ apartments located above the carpark driveway. 3. Heritage Lane: a. No amendments are noted to the building located at 699 Darling Street in respect to it being retained, including its roof form. Note that the previous referrals recommended that the ground floor component of the building be incorporated into the proposal. b. It is noted that retention of the roof form is difficult, given the content of the DCP guidelines and the history of the development. It is also noted that while the demolition is not a good heritage outcome, the applicant is trying to achieve a balance for the whole development to work well within its context.
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External Authority submissions
Roads and Maritime Authority (RMS) 26 February 2020 No objections subject to conditions. This response is to be read in conjunction with the response by TfNSW dated 25/02/2020 (Reference CD20/00649) in relation to the protection of CBD Metro Corridor (refer TfNSW comments below. TfNSW provided the following advisory comment for the proponent’s consideration: 1. The subject property is subject to a lease by TfNSW for a temporary construction site for the Western Harbour Tunnel and Beaches Link Program as shown by green hatching on the attached Aerial “X”. In July 2018, the NSW Government released the proposed reference design for the Western Harbour Tunnel and Beaches Link program. Under the proposed reference design, this property is impacted by the project and may need to be acquired. The NSW Government has carried out extensive community engagement on the proposed reference design. Feedback received from all stakeholders will be considered as the design is finalised for the project's environmental assessment. There will be further engagement undertaken as part of the environmental assessment. This is when it is expected the potential impact to this property will be confirmed. Transport for NSW (TfNSW) 02 June 2020 TfNSW does not object to the proposal, however, it provided conditions for the protection of BDC Metro Corridor and Victoria Road and Waterloo Street Accesses (TfNSW letter dated 25/02/2020 -Reference CD20/00649 in relation to the protection of CBD Metro Corridor and TfNSW letter dated 26/02/2020 - Reference SYD19/01181).
TfNSW has reviewed the revised plans and would provide concurrence to the proposed vehicular egress arrangement from the car park onto Victoria Road between 2000 and 0500 hrs under Section 138 of the Roads Act 1993, subject to Council’s approval and the conditions provided in TAB A being included in the development consent.
It is noted that the proposed access arrangement on Victoria Road is confusing to the general public as the general public would not know that vehicles using the entry driveway do not have access to the car park. Vehicles travelling along Victoria Road would have the potential to enter the site via Victoria Road driveway and cause safety related incidents within the loading dock area as turning area is not provided for vehicles to join the exit driveway. It is advised that:
• Adequate sign posting and line marking need to be provided to prevent vehicles to enter via Victoria Road to access the car park; and • Road Safety Audit needs to be undertaken for all stages of the development to identify road safety risks associated with vehicles entering the site via Victoria Road to access the car park and to implement road safety measures to minimise the risks. 05 August 2020 TfNSW reviewed the amended plans and provided concurrence under Section 138 of the Roads Act 1993, subject to Council’s approval, previous concurrence requirements remaining applicable (Attachment A) and a condition regarding potential construction impacts to the WestConnex M4-M5 Link
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project boundary being included in the development consent.
Ausgrid 30 July 2018 No objections subject to conditions. Ausgrid has not provided a further response to the latest amended proposal; however, the advice provided to date is not likely to change. NSW Police October 2019 Leichhardt Police Area Command does not object to the development but have raised issues regarding licensed premises to assist with understanding potential detrimental impacts on the community generally. • The number of car parking spaces needs to be increased to provide for the future use of the retail, commercial and licensed areas of the development so as not to fill the surrounding streets which will have a detrimental effect on residents in the locality. • The noise effects from the licensed premises may cause a noticeable effect on the residential premises in the vicinity of the development. • The submitted design does not identify any cigarette smokers’ relief, which would not directly impact the public domain or the residential aspect of the development. • As the site is located beside a major road there is risk of persons being struck by a vehicle after exiting the premises, especially if they have been consuming alcohol within the licensed premises. To alleviate the risk of people crossing the roadway on foot, consideration should be given to a physical barrier to be placed all the way along the frontage of the development. NSW Police have not provided a further response to the latest amended proposal; however, the advice provided to date is not likely to change. These matters have been considered by Council’s Development Engineer / Transport Planner in the preparation of their referral response above. In addition, a separate application will be required prior to occupation of the Club premises; and that application will also be referred to NSW Police for specific comment/conditions. Sydney Water 30 October 2020 No objections to the proposed development. Sydney Water has not provided a further response to the latest amended proposal; however, the advice provided to date is not likely to change. • Amplifications of the existing water main may be required due to the densification of development within the proximity of the development site. • The proposed development site is traversed by a number of wastewater mains. Where the proposed works are in close proximity to a Sydney Water asset, the developer may be required to carry out additional works to facilitate their development and protect the wastewater main.'Subje9t to the scope of the development, servicing options may involve adjustment/deviation and or compliance with the Guidelines for building over/adjacent to Sydney Water's assets. The advice provided is not a formal approval of Sydney Water’s servicing requirements. Detailed requirements, including any potential extensions or amplifications will be provided once the
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development is referred to Sydney Water for a Section 73 application.
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PART E – CONCLUSION AND RECOMMENDATION
E1. CONCLUSION
The application seeks approval to demolish existing improvements and construct a mixed-use development ranging from 6 storeys to 12 storeys in height comprising 2,387sqm of ground floor retail floor space, 272 residential apartments and two levels of associated basement car parking, including the provision of public domain and landscaping works. The heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, as are of relevance to the application, have been taken into consideration in the assessment of this application. The proposal generally complies with the aims, objectives and design parameters contained in State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development, the LLEP 2000 and LDCP 2000, with particular regard to the site specific provisions. The development will have an acceptable impact on the amenity of adjoining premises and the streetscape, subject to conditions. The application is suitable for approval subject to the imposition of appropriate terms and conditions.
E2. RECOMMENDATION
A. The applicant has made a written objection pursuant to State Environmental Planning Policy No. 1 – Development Standards to vary the maximum commercial and residential floor space ratio (FSR) controls in clauses 4 (c) and (e) of Part 3 of Schedule 1 of LLEP 2000. After considering the objection, and assuming the concurrence of the Secretary, the Panel can be satisfied that compliance with the standard is unnecessary in the circumstance of the case and that there are sufficient environmental planning grounds to support the variation. The proposed development will be in the public interest because strict application would hinder the attainment of the objectives of the EP&A Act and the proposed development achieves the underlying objectives of the standards, notwithstanding the non-compliance.
B. That the Sydney Eastern City Planning Panel exercising the functions of the Council as the consent authority, pursuant to s4.16 of the Environmental Planning and Assessment Act 1979, grant consent to Development Application No. D/2018/219 to demolish all existing improvements, carry out site remediation and construct a mixed-use development comprising three basement levels for residential, retail, commercial and Club parking with three 11 to 12 storey buildings above to include 167 residential units, including three live/work units; commercial and retail areas and a new leagues Club; with public domain and landscaping works, subject to the attached conditions.
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CONDITIONS OF CONSENT
The following are Deferred Commencement conditions imposed pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979. This Consent will not operate and may not be acted upon until the Council is satisfied as to the following matter(s):
A. Remediation of Land
Prior to the issue of an Operational Consent, Council requires plans and documentation prepared and submitted to the satisfaction of Council’s Environmental Health Officer addressing the following: a) The Remediation Action Plan (RAP) for this site shall be revised and updated to assess the site having regard to the most recent version of the architectural plans, which include the third level of basement; to ensure the site can be made suitable for the proposed uses. b) An updated report from the Site Auditor shall be submitted reflecting the updated RAP. The operational Development Consent will be issued by Council (in writing) after the applicant provides sufficient information to satisfy Council in relation to the conditions of the deferred commencement consent.
B. Traffic and Parking
Prior to the issue of an Operational Consent, Council requires plans and documentation prepared and submitted to the satisfaction of Council’s development engineer addressing the following:
a) 17 car parking spaces allocated to the Club and/or Retail components of the development are to be deleted. b) 3 commercial car spaces are to be added to the residential car space allocation to cater for the 3 live/work units. The residential car space allocation is to be increased to 137 and the commercial allocation is to remain at 23. c) Designate 23 car parking spaces allocated to the Commercial component of the development as dual use car parking spaces that are exclusive use of the Commercial Tenants and their visitors between 8.00am and 6.00pm on weekdays. Outside of these times, all Commercial Car Parking Spaces must be available for public use. The layout must be amended to permit public use e.g. no tandem parking spaces. d) Total car parking spaces must be no less than 320 spaces. Car parking spaces are to be provided and allocated in accordance with the following table:
Parking spaces by land use Required Car Parking Residential (incl. live/work) 137 05 Aug 2020
Conditions of Consent 138-152 & 154-156 VICTORIA ROAD/697 DARLING STREET/1-7 WATERLOO STREET ROZELLE
Commercial (excl. live/work) 23 Club To be reduced by 23 spaces to provide total club/retail spaces Retail (excl. car share and bus) Total Club and Retail 147 Community Bus (separately allocated) 1 Car Share spaces (separately allocated) 6 Sub-total 314 Parking spaces by land use DCP General requirement Car wash, taxi/Uber & community bus (1 additional bus bay to that required by DCP 6 Amendment No. 18)
Total 320
e) Further to a), b), c) and d), a Traffic and Parking Report is to be prepared by a suitably qualified and experienced engineer that identifies the number of cars movements per day on Waterloo Street, demonstrates acceptable amenity impacts on Waterloo Street and capacity in Waterloo Street to accommodate any traffic demand from future development, includes assessment of the operation of the intersection of Waterloo and Darling Streets and demonstrates acceptable design, operation and management of the dual use spaces for both Commercial and Club/Retail use. f) The Report in e) is to fully consider the TfNSW Guidelines for Environmental Capacity of Residential Streets. g) A plan of the loading dock showing all relevant dimensions. The operational Development Consent will be issued by Council (in writing) after the applicant provides sufficient information to satisfy Council in relation to the conditions of the deferred commencement consent.
C. Landscape
Prior to the issue of an Operational Consent, Council requires plans and documentation prepared and submitted to the satisfaction of Council’s Tree Assessment Officer addressing the following: a) Landscaping details are required to demonstrate that there will be adequate soil volume and sufficient permeable soil mixes to allow for water and soil gaseous exchange to promote tree growth. It must be clearly demonstrated that all vegetation proposed to be planted on site can be sustained in the landscape in the long-term. This includes the position of all proposed driveway crossovers, excavation for basement level and all required below ground services that may impact trees to be planted on site.
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b) Tree planting details must be submitted. These shall include dimensions for above and below ground planting space. Additional details, including planting procedures, construction details of retaining walls and planter boxes as well as available soil depth is also required. c) In addition, a Public Domain/Street Tree Planting Plan shall be submitted to Council prepared by a Landscape Architect, Landscape Designer or Consultant Arborist experienced in streetscape design. New trees shall be located within the footpath outside the subject property. The Plan is to incorporate the following: a. 6 x Melaleuca linariifolia (Narrow Leaved Paperbark) trees shall be located within the footpath outside the subject property on Waterloo St. 4 x Corymbia exima (Yellow Bloodwood) shall be located within the footpath outside the subject property on Victoria Rd. 1 x Angophora costata (Sydney Red Gum) shall be located in designated deep soil area in the northwest corner of the site along Victoria Rd. b. All planting stock size shall be minimum 200 litres; c. The planting stock shall comply with AS 2303—Tree Stock for Landscape Use. d. The new tree shall be planted by a qualified horticulturist or arborist, with a minimum qualification of Certificate 3 in Horticulture or Arboriculture; e. The tree pit dimensions and staking detail shall be in accordance with Detail 10 on page C44 of the Ashfield Street Tree Strategy 2015, Part C (available online); f. The awning configuration must be detailed on the plan. All construction plans shall show the awning on the Victoria Rd frontage to be setback around the street trees. The awning must be setback a minimum of 1200mm from the back of the kerb for a minimum distance of 1800mm either side of each tree location; and g. It must be demonstrated that adequate soil volume can be provided for the street trees. Tree planting details, soil specification and cell vault construction details (in accordance with the manufactures specifications and details) must be submitted to the satisfaction of Council’s Urban Forest Manager before the issue of a Construction Certificate. The plans must include dimensions for tree pits and details of a cell vault style structure with a minimum of 20-30m3 available soil volume for each tree. Refer to Appendix 6.6 (Detail 5) of the Marrickville Street Tree Master Plan 2014 for indicative detail, noting that structural soil is not approved in this case. Note: The soil vault may require a drainage system if the surrounding soil type will not naturally provide adequate drainage. h. The trees and tree pits must be inspected by Council’s Public Tree Coordinator before and after planting. i. A copy of a maintenance agreement with a practicing Horticulturist or Arborist for a minimum period of twelve (12) months commencing on the planting date. Maintenance
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includes, but is not limited to, watering, weeding, removal of rubbish from tree base, pruning, fertilizing, pest and disease control and any other operations to maintain a healthy robust tree. j. At the end of the twelve (12) month maintenance period, written approval must be obtained from Council before hand-over of any street tree to Council. k. If a street tree has been replaced due to maintenance deficiencies during the twelve (12) month maintenance period, the twelve (12) month maintenance period will start again from the date that the street tree is replaced (up to three (3) occurrences)
It is recommended that the Applicant contact Council’s Street Tree Planting Team for guidance on street tree planting specifications prior to submitting any plans or documents in response to this deferred commencement condition.
The operational Development Consent will be issued by Council (in writing) after the applicant provides sufficient information to satisfy Council in relation to the conditions of the deferred commencement consent.
If the applicant fails to satisfy Council as to the above matters A. B. and C. within two (2) years from the date of determination this consent will lapse.
DOCUMENTS RELATED TO THE CONSENT
1. Documents related to the consent
The development must be carried out in accordance with plans and documents listed below:
Plan & Revision No. Architectural Plans Date Issued Prepared by
AD-DA000 / 4 Cover Page July 2020 Scott Carver
AD-DA0001 / 4 Site Plan 23.07.2020 Scott Carver
AD-DA099 / 7 Basement Level 3 23.07.2020 Scott Carver
AD-DA100 / 8 Basement Level 2 23.07.2020 Scott Carver
AD-DA101 / 8 Basement Level 1 23.07.2020 Scott Carver
AD-DA102 / 6 Floor Plan – Lower Ground 23.07.2020 Scott Carver
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23.07.2020 Scott Carver AD-DA103 / 6 Floor Plan – Lower Ground Mez.
23.07.2020 Scott Carver AD-DA104 / 6 Floor Plan – Upper Ground
AD-DA105 / 4 Floor Plan – Upper Ground Mez. 23.07.2020 Scott Carver
23.07.2020 Scott Carver AD-DA106 / 4 Floor Plan – Level 01 - Commercial
23.07.2020 AD-DA107 / 4 Floor Plan – Level 02 Scott Carver
AD-DA108 / 4 Floor Plan – Level 03 23.07.2020 Scott Carver
23.07.2020 Scott Carver AD-DA109 / 4 Floor Plan – Level 04
23.07.2020 Scott Carver AD-DA110 / 4 Floor Plan – Level 05
AD-DA111 / 4 Floor Plan – Level 06 23.07.2020 Scott Carver
23.07.2020 Scott Carver AD-DA112 / 4 Floor Plan – Level 07
23.07.2020 Scott Carver AD-DA113 / 4 Floor Plan – Level 08
AD-DA114 / 4 Floor Plan – Level 09 23.07.2020 Scott Carver
23.07.2020 Scott Carver AD-DA115 / 4 Floor Plan – Level 10
23.07.2020 Scott Carver AD-DA116 / 4 Floor Plan – Level 11
AD-DA117 / 4 Floor Plan – Level 12 23.07.2020 Scott Carver
23.07.2020 AD-DA118 / 4 Roof Plan Scott Carver
23.07.2020 Scott Carver AD-DA201 / 4 Victoria Road Elevation 1
AD-DA202 / 4 Waterloo Street Elevation 2 23.07.2020 Scott Carver
23.07.2020 Scott Carver AD-DA203 / 4 Little Darling Lane Elevation 3
23.07.2020 Scott Carver AD-DA204 / 4 Elevation 4
AD-DA205 / 4 Darling Street Elevation 5 23.07.2020 Scott Carver
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23.07.2020 Scott Carver AD-DA211 / 5 Section 1
23.07.2020 Scott Carver AD-DA212 / 5 Section 2
AD-DA213 / 5 Section 3 23.07.2020 Scott Carver
23.07.2020 Scott Carver AD-DA214 / 5 Section 4
23.07.2020 Scott Carver AD-DA300 / 4 Materials
AD-DA301 / 4 Adaptable Apartment (Type 1) 23.07.2020 Scott Carver
23.07.2020 Scott Carver AD-DA302 / 4 Adaptable Apartment (Type 2)
23.07.2020 Scott Carver AD-DA303 / 1 Typical Unit Plans – Sheet 1
AD-DA304 / 1 Typical Unit Plans – Sheet 2 23.07.2020 Scott Carver
23.07.2020 Scott Carver AD-DA305 / 1 Typical Unit Plans – Sheet 3
AD-DA306 / 1 Typical Unit Plans – Sheet 4 23.07.2020 Scott Carver
AD-DA901 / 4 Vehicle Entry Ramp–Victoria Road 23.07.2020 Scott Carver
23.07.2020 Scott Carver AD-DA902 / 4 Vehicle Entry Ramp–Waterloo Street
Plan & Revision No. Landscaping Date Issued Prepared by
LD-DA000/3 Cover Sheet 06.06.2020 Scott Carver
LD-DA100/2 LG and GF GA Plan 12.05.2020 Scott Carver
LD-DA110/2 L1 GA Plan 12.05.2020 Scott Carver
LD-DA120/3 L5 GA Plan 06.06.2020 Scott Carver
LD-DA130/3 L10 and L11 Plan 06.06.2020 Scott Carver
LD-DA200/1 Little Darling Lane Elevation 04.05.2020 Scott Carver
LD-DA210/1 Heritage Lane Section 04.05.2020 Scott Carver
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LD-DA220/1 Waterloo Street Elevation 04.05.2020 Scott Carver
LD-DA230/1 Victoria Road Elevation 04.05.2020 Scott Carver
LD-DA240/1 Darling Street Elevation 04.05.2020 Scott Carver
LD-DA250/1 Tiger Lane Sections 04.05.2020 Scott Carver
LD-DA260/1 Soil Depth Sections 04.05.2020 Scott Carver
LD-DA300/1 Planting GF Plan 04.05.2020 Scott Carver
LD-DA320/2 Planting L5 Plan 12.05.2020 Scott Carver
LD-DA330/2 Planting L10 and L11 Plan 12.05.20 Scott Carver
LD-DA500/1 Little Darling Future Works 04.05.20 Scott Carver
Plan & Revision No. Survey Date Issued Prepared by
Ref: 50194001DT Plan of Details and Levels LTS Lockley Revision A Sheets 1 to 10 19.02.2018 Registered Date of Survey 21.12.2017 Surveyors Plan & Revision No. Stormwater Date Issued Prepared by
Drawing No. C200 Webber Design Revision P8 Lower Ground Floor - Drainage Plan 26.08.20 Structural Engineering Webber Design Drawing No. C210 25.08.20. Structural Revision P7 Upper Ground Floor - Drainage Plan Engineering Webber Design Drawing No. C215 Revision P4 Overland Flow Path 25.08.20. Structural Engineering
Webber Design Drawing No. C502 25.08.20. Structural Revision P5 Civil Section – Sheet 1 Engineering
Webber Design Drawing No. C503 25.08.20. Structural Civil Section – Sheet 2 Revision P4 Engineering
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Reference Supporting Report Name Date Issued Prepared by
- Statement of Environmental Effects 20.12.2020 Mecone
- SEPP 1 Objection August 2020 Mecone Integrated 904484M_05 BASIX Certificate 31.07.2020 Group Services ESD, NCC Section J & BASIX Integrated Revision 1.7 31.07.2020 Assessment Report – July 2020 Group Services - Cost Summary Report 17.04.2018 WT Partnership Project 17043 Waste Management Plan 06.05.2020 Elephants Foot Revision H Job No: 3123 Statement of Heritage Impact January 2020 Heritage 21 Issue 9 Ref: 31190Zrpt Geotechnical Investigation 04.04.2018 JK Geotechnics Revision 0 - Structural Design Criteria Report 06.04.2018 Webber Design
P034504.003/B Remedial Action Plan March 2020 PRM
IA 1301-1915_02 Interim Site Audit Advice 5.03.2020 Enviroview
- Phase 1 Preliminary Site Inspection April 2018 AECOM
Construction Management Plan March 2018
- Economic Impact Assessment April 2018 Location IQ Steve Watson and 2017/3051 R1.4 BCA (Fire Safety) Report April 2018 Partners Integrated Group EN-N17_123/Rev.03 Building Services Design Report April 2018 Services - Draft Plan of Management for Club April 2018 Mecone Morris Goding DA Final V2 Access Review 19.12.2019 Accessibility Consulting - Trolley Management Report April 2018 Urban Develop
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The Transport Reference: 18071 Green Travel Plan 26.06.2020 Planning Revision 2 Partnership WD985-01F02 Windtech Wind Report 13.04.2018 Revision 2 Consultants 20171460.1 Acoustic Report 07.08.2019 Acoustic Logic Acoustic Review of Amended 20171460.6 07.05.2020 Acoustic Logic Development Application Ref:0534r07v2 Revised Traffic and Transport Study 20,12,2019 Ason Group Balmain Leagues Club – JMT Traffic - 29.06.2020 JMT Consulting Review 0534I05v5 Revised Evening Access Strategy 13.05.2020 Ason Group
0534107v1 Ramp Design Requirements 13.05.2020
Rozelle Laneways Urban Design Report August 2019 Scott Carver Arboricultural Impact Assessment & Redgum 5668 6.12.2019 Tree Management Plan Horticultural Project: SA7365 Social Impact Assessment 25.05.2018 Urbis
As amended by the conditions of consent.
2. Section 7.11 (Former Section 94) Contribution
Prior to the issue of a Construction Certificate written evidence must be provided to the Certifying Authority that a monetary contribution of $3,340,000.00 in accordance with Developer Contributions Plan No.1 – Open Space and Recreation; ‘Developer Contributions Plan No.2 – Community Facilities and Services (2005); and Leichhardt Developer Contributions Plan – Transport and Access (“CP”) has been paid to the Council.
The above contribution is the contribution applicable as at 31/07/20
The contribution payable has been calculated in accordance with the CP and relates to the following public amenities and/or services and in the following amounts:
Local Infrastructure Type: Contribution $ Community Facilities and Services $445,746.33 Open Space and Recreation $2,878,733.05
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Local Area Traffic Management $12,099.14 Bicycle Works $3,421.47 TOTAL $3,340,000.00
A copy of the CP can be inspected at any of the Inner West Council Services Centres or viewed online at:
https://www.innerwest.nsw.gov.au/develop/planning-controls/section-94-contributions
The contribution must be paid either in cash, by unendorsed bank cheque (from an Australian Bank only), via EFTPOS (Debit only) or credit card*. Prior to payment contact Council's Planning Team to review charges to current indexed quarter, please allow a minimum of 2 business days for the invoice to be issued before payment can be accepted.
*Note: A 0.75% credit card transaction fee applies to all credit card transactions.
3. Long Service Levy
Prior to the issue of a Construction Certificate, written evidence must be provided to the Certifying Authority that the long service levy in accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986 has been paid at the prescribed rate of 0.35% of the total cost of the work to either the Long Service Payments Corporation or Council for any work costing $25,000 or more.
4. Security Deposit - Custom
Prior to the commencement of demolition works or prior to the issue of a Construction Certificate to enable demolition works to commence, the Certifying Authority must be provided with written evidence that a security deposit and inspection fee has been paid to Council to cover the cost of making good any damage caused to any Council property or the physical environment as a consequence of carrying out the works and as surety for the proper completion of any road, footpath and drainage works required by this consent.
Security Deposit: $250,000 Inspection Fee: $230.65
Payment will be accepted in the form of cash, bank cheque, EFTPOS/credit card (to a maximum of $10,000) or bank guarantee. Bank Guarantees must not have an expiry date.
The inspection fee is required for the Council to determine the condition of the adjacent road reserve and footpath prior to and on completion of the works being carried out.
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Should any of Council’s property and/or the physical environment sustain damage during the course of the demolition or construction works, or if the works put Council’s assets or the environment at risk, or if any road, footpath or drainage works required by this consent are not completed satisfactorily, Council may carry out any works necessary to repair the damage, remove the risk or complete the works. Council may utilise part or all of the security deposit to restore any damages, and Council may recover, in any court of competent jurisdiction, any costs to Council for such restorations.
A request for release of the security may be made to the Council after all construction work has been completed and a final Occupation Certificate issued.
The amount nominated is only current for the financial year in which the consent was issued and is revised each financial year. The amount payable must be consistent with Council’s Fees and Charges in force at the date of payment.
5. Maintenance Deposit
Prior to the issue of any Occupation Certificate, the Certifying Authority must be provided with written evidence that a security deposit has been paid to Council as surety for all requirements under this consent including the implementation of recommendations of the post development parking study, any defects that occur in the new public domain works, and assets required by this consent for a minimum twelve month period from the date all construction work has been completed and a final Occupation Certificate issued (whichever is the latest).
Security Deposit: $25,000 Inspection Fee: $230.65
Payment will be accepted in the form of cash, bank cheque, EFTPOS/credit card (to a maximum of $10,000) or bank guarantee. Bank Guarantees must not have an expiry date.
The inspection fee is required for the Council to determine the condition of the adjacent road reserve and footpath prior to the return of the security deposit.
Council may carry out any works necessary to repair the defects, remove the risk or complete the works. Council may utilise part or all of the security deposit to repair the defects, remove the risk or complete the works, and Council may recover, in any court of competent jurisdiction, any costs to Council for such restorations.
A request for release of the security may be made to the Council 12 months after all construction work has been completed and a final Occupation Certificate issued (whichever is the latest).
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The amount nominated is only current for the financial year in which the consent was issued and is revised each financial year. The amount payable must be consistent with Council’s Fees and Charges in force at the date of payment.
GENERAL CONDITIONS
6. Works to Trees
Approval is given for the following works to be undertaken to trees on the site upon Council’s approval of a Public Domain Street Tree Planting Plan:
Tree/location Approved works Callistemon viminalis (Weeping Bottlebrush) Remove. located in road reserve along Waterloo St.
The removal of any street tree approved by Council must include complete stump removal (to a minimum depth of 400mm) and the temporary reinstatement of levels so that no trip or fall hazards exist until suitable replanting occurs. These works must be completed immediately following the tree/s removal.
Removal or pruning of any other tree (that would require consent of Council) on the site is not approved and shall be retained and protected in accordance with Council’s Development Fact Sheet—Trees on Development Sites.
7. Privacy
Prior to the issue of the relevant Construction Certificate for Building C, the Certifying Authority must be provided with amended plans indicating that the following privacy measures have been incorporated on the north-western elevation of Building C:
a) Translucent glass to be used on any window within a 6m setback from the north- western boundary. b) Privacy screens are to be included around the edge of north-western facing balconies in Building C that are within a 6m setback from the north-western boundary. These privacy screens are to be a minimum of 1.6m high from the FFL of the balcony.
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8. Median Island within the Footpath
(TfNSW Condition provided 02 June 2020)
Any median islands to ensure separation of vehicles shall be located within the private property as the provision of a median island within the footpath reserve along Victoria Road is not supported.
9. Vehicle exiting from the car Park via Victoria Road
(TfNSW Condition provided 02 June 2020)
No vehicles from the car park are allowed to exit onto Victoria Road between 5am and 8pm.
10. Vehicle exiting from the car Park via Waterloo Street
No vehicles from the car park are allowed to exit onto Waterloo Street between 8pm and 5am. All vehicles must exit onto Victoria Road during these times. To permit safe egress, the operation of the Loading Dock is not permitted during these times.
11. Works within Boundaries
(TfNSW Condition provided 26 February 2020)
All buildings and structures, together with any improvements integral to the future use of the site are to be wholly within the freehold property (unlimited height or depth), along the Victoria Road boundary.
12. Impact on CBD Metro
(TfNSW Condition provided 27 November 2020)
All structures which are proposed for construction or installation, or which are constructed or installed, in connection with the approved development that have a potential impact on the CBD Metro must be designed, constructed and maintained in accordance with design criteria specified by the Transport for NSW (TfNSW).
13. Design and Construction of Basement Levels
(TfNSW Condition provided 27 November 2019)
The design and construction of the basement levels, foundations and ground anchors for the approved development are to be completed to the satisfaction of TfNSW.
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14. Future Operation of Railway Tunnels in the Vicinity
(TfNSW Condition provided 27 November 2019)
The applicant must make allowances that are to be agreed with TfNSW in the design, construction and maintenance of the approved development for the future operation of railway tunnels in the vicinity of the approved development, especially in relation to noise, vibration, stray currents, electromagnetic fields and fire safety.
15. Construction of Foundations and Ground Anchors
(TfNSW Condition provided 27 November 2019)
The design and construction of the foundations and ground anchors for the approved development are to be completed to the satisfaction of TfNSW. An accurate plan/CAD model should be included for the proposed foundations, to enable verification against the CBD Metro model. The foundation design and any encroachment into Exclusion Zone and beyond must comply with the limitations of the Structure Exclusion Zones as required by TfNSW.
16. Modifications to the Approved Design
(TfNSW Condition provided 27 November 2019)
No modifications may be made to the approved design without the consent of TfNSW.
17. Access to the Site – TfNSW (a)
(TfNSW Condition provided 27 November 2019)
The applicant must provide access by representatives of TfNSW upon request to the site of the approved development and all structures on that site during all stages of the development.
18. Access to the Site – TfNSW (b)
(TfNSW Condition provided 27 November 2019)
TfNSW, and persons authorised by it for this purpose, are entitled to inspect the site of the approved development and all structures to enable it to consider whether those structures on that site have been or are being constructed and maintained in accordance with these conditions of consent, on giving reasonable notice to the principal contractor for the approved development or the owner or occupier of the part of the site to which access is sought.
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19. Council Records
(TfNSW Condition provided 27 November 2019)
Copies of any certificates, drawings or approvals given to or issued by TfNSW must be delivered to Council for its records.
20. TfNSW Costs
(TfNSW Condition provided 27 November 2019)
All TfNSW costs associated with review of plans, designs and legal must be borne by the applicant.
21. Awnings with Lighting
Awnings must be of cantilever type and be set back at least 600mm from the kerb line with 3.5m underpass (minimum) where located on Victoria Road. These awnings must be designed to be easily removed if required in future. These awnings must include pedestrian lighting (Category P3-AS1158) and must be maintained and owned by the property owner(s). The owner(s) must maintain, modify, or remove the structure at any time if given notification by Council to do so. The lighting must be not be obtrusive and should be designed so that it does not shine into any adjoining residences.
22. Residential Flat Buildings – Hot Water Systems
Where units or dwellings are provided with separate individual hot water systems, these must be located so they are not externally visible from the street.
23. Residential Flat Buildings – Air Conditioning Systems
Where units or dwellings are provided with separate individual air conditioning systems, these must be located so they are not externally visible from the street.
24. Residential Flat Buildings – Adaptable Dwellings
Prior to the issue of the relevant Construction Certificate, the Certifying Authority, must be provided with plans that demonstrate that a minimum of 10% of residential units are Adaptable Units as defined by the Leichhardt Local Environmental Plan 2000. In addition, the development is to be designed to accommodate a minimum of a further 10% of residential units that are able to comply with Liveable Housing Australia’s Liveable Housing Design Guidelines for silver standard adaptable dwellings. Details are to be referenced on the relevant Construction Certificate drawings submitted to the Certifying Authority.
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No works are to occur to the premises that would prevent the Adaptable units from being adapted for persons with a disability.
25. Waste Management Plan
Prior to the commencement of any works (including any demolition works), the Certifying Authority is required to be provided with a Recycling and Waste Management Plan (RWMP) in accordance with the relevant Development Control Plan.
26. Erosion and Sediment Control
Prior to the issue of a commencement of any works (including any demolition works), the Certifying Authority must be provided with an erosion and sediment control plan and specification. Sediment control devices must be installed and maintained in proper working order to prevent sediment discharge from the construction site.
27. Standard Street Tree Protection
Prior to the commencement of any works (including any demolition works), the Certifying Authority must be provided with details of the methods of protection of all street trees adjacent to the site during demolition and construction.
28. Verification of Levels and Location
Prior to the pouring of the ground floor slab or at dampcourse level, whichever is applicable or occurs first, the Certifying Authority must be provided with a survey levels certificate prepared by a Registered Surveyor indicating the level of the slab and the location of the building with respect to the boundaries of the site to AHD.
29. Works Outside the Property Boundary
This development consent does not authorise works outside the property boundaries on adjoining lands.
30. Boundary Alignment Levels
Alignment levels for the site at all pedestrian and vehicular access locations must match the existing back of footpath levels at the boundary.
31. Dry-weather Flows
Dry-weather flows of any seepage water including seepage from landscaped areas will not be permitted through kerb outlets and must be connected directly to a Council stormwater system.
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32. Rock Anchors
This consent does not grant consent for any rock anchors on the road reserve or Council land.
33. Modifications of Sandstone Walls
Existing salvaged sandstone is to be carefully removed, safely stored and later reused for the new/reconstructed sandstone wall. New mortar for the stone wall is to be compatible with stone (i.e. not hard cement mortar), using a traditional lime mortar with the appropriate grade and type of sand, and the appropriate mix.
34. Separation of Commercial and Residential Waste and Recycling
The waste and recycling handling and storage systems for residential waste and commercial waste (including waste originating from retail premises) are to be separate and self-contained. Commercial and retail tenants must not be able to access residential waste storage area/s, or any storage containers or chutes used for residential waste and recycling.
35. Noise – Consultant’s Recommendations
The recommendations contained in the acoustic reports prepared by Acoustic Logic dated 12 April 2018, 7 August 2019, 22 September 2019, and report prepared by Acoustic Logic, reference 20171460.6/0705A/R0/VF dated 7 May 2020 must be implemented.
36. Contamination – Remedial Action Plan (Site Auditor Engaged)
The site is to be remediated and validated in accordance with the recommendations set out in the Remedial Action Plan, prepared Progressive Risk Management, reference P034504.003 dated February 2020 and the Letter of Interim Advice or Section B Site Audit Statement prepared by NSW Environment Protection Authority accredited Site Auditor James Davis, reference IA 1301-1915_02 dated 5 March 2020, which are to be updated and approved by Council. All remediation work must be carried out in accordance with the Contaminated Land Management Act 1997 and State Environmental Planning Policy No 55.
37. Hazardous Materials Survey
Prior to any demolition works commencing or the issue of a Construction Certificate (whichever occurs first), the Certifying Authority must provide a hazardous materials survey to Council. The survey shall be prepared by a suitably qualified Occupational Hygienist and is to incorporate appropriate hazardous material removal and disposal methods in accordance with the requirements of SafeWork NSW.
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A copy of any SafeWork NSW approval documents is to be included as part of the documentation.
38. Permits
Where it is proposed to occupy or carry out works on public roads or Council controlled lands, the person acting on this consent must obtain all applicable Approvals and Permits from Council in accordance with Section 68 (Approvals) of the Local Government Act 1993 and/or Section 138 of the Roads Act 1993. Approvals and Permits are required for the following activities:
a) Work zone (designated parking for construction vehicles). Note that a minimum of 2 months should be allowed for the processing of a Work Zone application. b) A concrete pump across the roadway/footpath c) Mobile crane or any standing plant d) Skip Bins e) Scaffolding/Hoardings (fencing on public land) f) Public domain works including vehicle crossing, kerb & guttering, footpath, stormwater, etc. g) Awning or street veranda over the footpath h) Partial or full road closure i) Installation or replacement of private stormwater drain, utility service or water supply
If required contact Council’s Road Access Team to ensure the correct Permit applications are made for the various activities. Applications for such Permits must be submitted and approved by Council prior to the commencement of the works associated with such activity or prior to Construction Certificate where required by a condition of this consent.
39. Post Development Operation Traffic and Parking Assessment
No less than 3 months after the issue of the final Occupation Certificate but no more than 6 months after the issue of the final Occupation Certificate, Council must be provided with a post-development operation traffic and parking study report. The study must address the following as a minimum:
a) Full details of the existing on-street parking arrangements including existing on street parking numbers (to AS2890.5) and parking restrictions. b) Parking Occupancy surveys of the full length of Waterloo Street (both sides) and Moodie Street (both sides) between Cambridge Street and Victoria Road.
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c) Parking surveys of a standard weekday and Saturday and Sunday for the full operating times of the development. d) Identification and summary of all changes to parking occupancy within the survey area compared to the Predevelopment Parking Study. e) Identification of the increase in traffic resulting from the development including traffic counts of vehicular movements at all relevant locations and times. f) Recommendations of the changes to traffic and parking arrangements to address the impact of the development on adjacent streets, particularly on neighbouring residential properties. g) Road safety audits of intersections at Darling Street and Waterloo Street and Waterloo Street and Moodie Street and the vehicular access/egress from the site to Waterloo Street. h) Consultation with Council’s Traffic and Transport Manager on recommendations of the study. i) All data collected and relied on for the surveys must be included in the report.
The applicant shall implement the recommendations of the report in consultation with Council as required, at no cost to Council, prior to the issue of the release of the Maintenance Deposit.
PRIOR TO ANY DEMOLITION
40. Pre-development Traffic and Parking Assessment
Prior to any demolition works commencing or the issue of a Construction Certificate (whichever occurs first), the Principal Certifying Authority must be provided with written evidence from Council that a pre-development traffic and parking study has been submitted to and approved by Council. The study must address the following as a minimum:
a) Full details of the existing on-street parking arrangements including existing on street parking numbers (to AS2890.5) and parking restrictions. b) Parking Occupancy surveys of the full length of Waterloo Street (both sides) and Moodie Street (both sides) between Cambridge Street and Victoria Road. c) Establish baseline assessment of traffic movements within the vicinity of the site including traffic counts at all relevant locations including Waterloo Street and Moodie Street. d) Parking surveys of a standard weekday and Saturday and Sunday for the full operating times of the development.
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e) All data collected and relied on for the surveys must be included in the report.
41. Hoardings
The person acting on this consent must ensure the site is secured with temporary fencing prior to any works commencing.
If the work involves the erection or demolition of a building and is likely to cause pedestrian or vehicular traffic on public roads or Council controlled lands to be obstructed or rendered inconvenient, or building involves the enclosure of public property, a hoarding or fence must be erected between the work site and the public property. An awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling onto public property.
Separate approval is required from the Council under the Roads Act 1993 to erect a hoarding or temporary fence or awning on public property.
42. Construction Traffic Management Plan – Detailed
Prior to any demolition works commencing, the Certifying Authority, must be provided with a detailed Construction Traffic Management Plan (CTMP), prepared by an appropriately qualified Traffic Management Consultant with RMS accreditation. The CTMP must be approved by the Certifying Authority prior to the commencement of any works, including demolition. The Certifying Authority must ensure that the CTMP instructs vehicles to use State and Regional and Collector Roads to the maximum extent with the use of Local Roads as final approach to the development site via the most suitable direct route.
The following matters should be addressed in the CTMP (where applicable):
a) Description of the demolition, excavation and construction works; b) Site plan/s showing the site, roads, footpaths, site access points and vehicular movements; c) Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site); d) Proposed route(s) from the arterial (state) road network to the site and the proposed route from the site back to the arterial road network; e) Impacts of the work and vehicular movements on the road network, traffic and pedestrians and proposed methods to safely manage pedestrians and construction related vehicles in the frontage roadways;
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f) Any Traffic Control Plans (TCP’s) proposed to regulate traffic and pedestrian movements for construction activities (such as concrete pours, crane installation/removal etc.); g) Proposed hours of construction related activities and vehicular movements to and from the site; h) Current/proposed approvals from other Agencies and Authorities (including Roads and Maritime Services, Police and State Transit Authority); i) Any activities proposed to be located or impact upon Council’s road, footways or any public place; j) Measures to maintain public safety and convenience; k) Any proposed road and/or footpath closures; l) Turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site; m) Locations of work zones (where it is not possible for loading/unloading to occur on the site) in the frontage roadways accompanied by supporting documentation that such work zones have been approved by the Local Traffic Committee and Council; n) Location of any proposed crane and concrete pump and truck standing areas on and off the site (and relevant approvals from Council for plant on road); o) A dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries; p) Material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected; q) On-site parking area for employees, tradespersons and construction vehicles as far as possible; r) Proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period; and s) How it is proposed to ensure that soil/excavated material is not transported onto surrounding footpaths and roadways. t) Swept Paths for the proposed construction vehicles to demonstrate that the needed manoeuvres can be achieved without causing any nuisance.
43. Recommendations of the Heritage Impact Statement
The recommendations which form part of the Statement of Heritage Impact, prepared by Heritage 21, and dated December 2019 (listed in Condition 1 - Documents related to the consent), are to be incorporated into the proposal. This is to be provided to the satisfaction of the Certifying Authority prior to the relevant Construction Certificate being issued.
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44. Photographic Archival Recording
A full archival record of the building and landscape elements to be altered is to be submitted, to the satisfaction of Council’s Heritage Specialist, prior to the commencement of any work on-site and prior to the issue of any Construction Certificate.
The archival record is to be completed by a heritage consultant listed on the Consultants Directory by the NSW Office of Environment & Heritage (Heritage Branch) or by a suitably qualified consultant who must demonstrate a working knowledge of archival principles.
Photographic archival records must be taken of the building, landscape or item in accordance with the guidelines ‘Heritage Information Series, Photographic Recording of Heritage Items Using Film or Digital Capture 2006’ published by the former NSW Department of Planning Heritage Branch and available online at http://www.environment.nsw.gov.au/resources/heritagebranch/heritage/infophotographicreco rding2006.pdf
The photographic archival recording is to be submitted in a digital format only and is to include the following:
a) Development Application number and the Condition of Consent number must be noted b) Site plan at a scale of 1:200 (or 1:500 if appropriate) of all structures and major landscape elements including their relationship to the street and adjoining properties and directional details of photographs taken. c) Floorplans of the internal layout and directional details of photographs taken. d) Coloured photographs of: e) each elevation, f) each structure and landscape feature; g) internal images of each room and significant architectural detailing; h) views to the subject property from each street and laneway or public space.
The report must include written confirmation, issued with the authority of both the applicant and the photographer that the Inner West Council is granted a perpetual non-exclusive licence to make use of the copyright in all images supplied, including the right to make copies available to third parties as though they were Council images. The signatures of both the applicant and the photographer must be included.
The electronic images are to be taken with a minimum 8 megapixel camera, saved as JPEG TIFF or PDF files with a size of approximately 4-6MB, and cross referenced to the digital catalogue sheets and base plans. Choose only images that are necessary to document the process and avoid duplicate images. The report can be submitted on a USB, CD or DVD, in
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PDF/A format (created directly from the digital original), with a digital catalogue of images with the following data for each: title, image subject/description and date photograph taken
45. Heritage Interpretation Plan
A Heritage Interpretation Plan for the [Specify feature/site] must be submitted to and approved by Council’s Heritage Specialist prior to the issue of any Construction Certificate. The plan is to be prepared by a suitably qualified and experienced heritage practitioner or historian in accordance with the ‘Heritage Interpretation Policy’ published by the Heritage Council of NSW and the NSW Department of Planning in August 2005 and ‘Heritage Information. Series, Interpreting Heritage Places and Items Guidelines’ published by the former NSW Heritage Office in August 2005.
The interpretation plan must detail how information on the history and significance of the [Specify feature/site] will be provided for the public and make recommendations regarding public accessibility, signage and lighting. Public art, details of the heritage design, the display of selected artefacts are some of the means that can be used. The plan must specify the location, type, making materials and contents of the interpretation device being proposed.
Prior to the final Occupation Certificate being issued, the approved interpretation plan must be implemented to the satisfaction of Council’s Heritage Specialist.
46. Salvaged Building Material
Prior to any demolition works commencing, the Certifying Authority is to be provided with a salvage methodology demonstrating how stone, timber weatherboards, joinery and decorative architectural elements to be demolished, which include windows and doors, chimney pieces, timber flooring, timber balustrades, stained glass, fireplaces, decorative ceiling, cornices and ceiling roses will be catalogued, labelled, salvaged and where practical reused on the project or transferred to an established second hand building material dealer for recycling.
47. Resource Recovery and Waste Management Plan - Demolition and Construction
Prior to any demolition works commencing, the Certifying Authority must be provided with a Resource Recovery and Waste Management Plan - Demolition and Construction that includes details of materials that will be excavated and their proposed destination or reuse.
48. Dilapidation Report
Prior to any works commencing (including demolition works), the Certifying Authority and owners of all adjoining properties, must be provided with a colour copy of a dilapidation report prepared by a suitably qualified person. The report is required to include colour photographs of all the adjoining properties to the Certifying Authority’s satisfaction. In the event that the
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consent of the adjoining property owner cannot be obtained to undertake the report, copies of the letter/s that have been sent via registered mail and any responses received must be forwarded to the Certifying Authority before work commences.
49. Advising Neighbors Prior to Excavation
At least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, notice of intention to do so is to be given (in writing) to the owner(s) of the adjoining allotment of land and furnish particulars of the excavation to the owner(s) of the building being erected or demolished.
50. Construction Fencing
Prior to the commencement of any works (including demolition works), the site must be enclosed with suitable fencing to prohibit unauthorised access. The fencing must be erected as a barrier between the public place and any neighbouring property.
PRIOR TO CONSTRUCTION CERTIFICATE
51. Inspections by Project Arborist
The trees to be retained must be inspected, monitored and treated by the Project Arborist during and after completion of development works to ensure their long-term survival. Regular inspections and documentation from the Project Arborist to the Certifying Authority are required at the following times or phases of work:
Tree No./ Botanical/ Common Name/ Key stage/ Hold Time of Inspection Location point 1) Waterhousea floribunda (Weeping Lilly Prior to • Inspection Pilly) located on adjoining property. commencement of and sign off works installation of tree protection measures.
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During Works • Supervise all site preparation and demolition works within the TPZ; • Supervise all works inside or above the TPZ; • Supervise all excavation, trenching works, landscaping works and tree/planting replenishment within the TPZ; • Supervise all tree work.
• In accordance with the approved Tree Protection Plan referred to in part B and appendix F of the submitted Arboricultural Impact Assessment, prepared by Redgum Horticultural, dated 6/12/2019 and section 4 of AS4970—Protection of trees on development sites.
Recommendations to ensure the tree/s long term survival must be carried out immediately upon receipt of the report.
52. Tree Planting in the Public Domain
Prior to the issue of a Construction Certificate, the Certifying Authority must be provided with the Council approved Public Domain/Street Tree Planting Plan incorporating the following requirements:
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a) 6 x Melaleuca linariifolia (Narrow Leaved Paperbark) trees shall be located within the footpath outside the subject property on Waterloo St. 4 x Corymbia exima (Yellow Bloodwood) shall be located within the footpath outside the subject property on Victoria Rd. 1 x Angophora costata (Sydney Red Gum) shall be located in designated deep soil area in the northwest corner of the site along Victoria Rd. b) The trees are to be planted at x (x) metre spacings; c) All planting stock size shall be minimum 200 litres; d) The planting stock shall comply with AS 2303—Tree Stock for Landscape Use. e) The new tree shall be planted by a qualified horticulturist or arborist, with a minimum qualification of Certificate 3 in Horticulture or Arboriculture; f) The tree pit dimensions and staking detail shall be in accordance with Detail 10 on page C44 of the Ashfield Street Tree Strategy 2015, Part C (available online); g) The awning configuration must be detailed on the plan. All construction plans shall show the awning on the Victoria Rd frontage to be setback around the street trees. The awning must be setback a minimum of 1200mm from the back of the kerb for a minimum distance of 1800mm either side of each tree location; and h) It must be demonstrated that adequate soil volume can be provided for the street trees. Tree planting details, soil specification and cell vault construction details (in accordance with the manufactures specifications and details) must be submitted to the satisfaction of Council’s Urban Forest Manager before the issue of a Construction Certificate. The plans must include dimensions for tree pits and details of a cell vault style structure with a minimum of 20-30m3 available soil volume for each tree. Refer to Appendix 6.6 (Detail 5) of the Marrickville Street Tree Master Plan 2014 for indicative detail, noting that structural soil is not approved in this case. Note: The soil vault may require a drainage system if the surrounding soil type will not naturally provide adequate drainage. i) The trees and tree pits must be inspected by Council’s Public Tree Coordinator before and after planting. j) A copy of a maintenance agreement with a practicing Horticulturist or Arborist for a minimum period of twelve (12) months commencing on the planting date. Maintenance includes, but is not limited to, watering, weeding, removal of rubbish from tree base, pruning, fertilizing, pest and disease control and any other operations to maintain a healthy robust tree. k) At the end of the twelve (12) month maintenance period, written approval must be obtained from Council before hand-over of any street tree to Council. l) If a street tree has been replaced due to maintenance deficiencies during the twelve (12) month maintenance period, the twelve (12) month maintenance period will start again from the date that the street tree is replaced (up to three (3) occurrences).
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53. Tree Protection
No trees on public property (footpaths, roads, reserves etc.) are to be removed or damaged during works unless specifically approved in this consent or marked on the approved plans for removal.
Prescribed trees protected by Council’s Management Controls on the subject property and/or any vegetation on surrounding properties must not be damaged or removed during works unless specific approval has been provided under this consent.
Any public tree within five (5) metres of the development must be protected in accordance with Council’s Development Fact Sheet—Trees on Development Sites.
No activities, storage or disposal of materials taking place beneath the canopy of any tree (including trees on neighbouring sites) protected under Council's Tree Management Controls at any time
Details of the trees must be included on all Construction Certificate plans and shall be annotated in the following way:
a. Green for trees to be retained; b. Red for trees to be removed; c. Blue for trees to be pruned; and d. Yellow for trees to be transplanted.
NOTE: Reference should be made to the Arboricultural Impact Assessment Report prepared by Redgum Horticultural dated 6/12/2019 for tree numbering and locations
54. Voluntary Planning Agreement
Prior to the issue of a Construction Certificate the applicant/developer shall:
a) enter into a Voluntary Planning Agreement (VPA) with Council in accordance with the terms of the offer made by the applicant and as accepted by Council at its meeting on 8 September 2020; and b) register the VPA on the title of the land to which the VPA applies.
55. WestConnex M4-M5 Link - Construction Impacts
(TfNSW Condition provided 05 August 2020)
The subject property is within the WestConnex M4-M5 Link project boundary and is subject to construction impacts. To allow for the construction and operation of WestConnex, TfNSW is
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in the process of acquiring subsurface land (in this case, land underneath 138-152 Victoria Road Rozelle) to form the underground road corridor. As such, a section of this property will become limited in stratum. A property condition survey is offered to all properties within 50 metres of the tunnel alignment and construction sites both before and after construction.
A specialist engineering assessment, including 3-dimensional finite element (FE) modelling analysis undertaken by an appropriately qualified and experienced geotechnical/tunnelling engineer that identifies the implications of the development on the road infrastructure shall be submitted to TfNSW for approval prior to issue of the Construction Certificate. In addition, specific attention to those that involve the penetration of ground to a depth of at least 3m below ground level (existing) and/or greater than 50Kpa loading at founding level. The proponent will be required to demonstrate that the proposed development does not result in any adverse effects on the strength capacity, durability, design life and water control system performance of the adjacent infrastructure.
Please send all documentation to [email protected].
56. Proposed Victoria Road Access Arrangement
(TfNSW Condition provided 02 June 2020)
Prior to the issue of the Construction Certificate, the applicant shall undertake a Stage 3 (Detailed Design) Road Safety Audit for the Victoria Road access arrangement and the proposed sign posting / line marking arrangements for the car park between the loading dock and Victoria Road access. This audit shall be undertaken in accordance with Austroads Guide to Road Safety Part 6: Managing Road Safety Audits and Austroads Guide to Road Safety Part 6A: Implementing Road Safety Audits by an independent TfNSW accredited road safety auditor.
Based on the results of the road safety audit, the applicant shall review the design drawings and implement safety measures in consultation with TfNSW as required, prior to the issue of the Construction Certificate.
57. Design and construction of the vehicular crossing on Victoria Road
(TfNSW Condition provided 26 February 2020)
The design and construction of the vehicular crossing on Victoria Road shall be in accordance with TfNSW requirements. Details of these requirements should be obtained by email to [email protected].
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Detailed design plans of the proposed works are to be submitted to TfNSW for approval prior to the issue of a Construction Certificate and commencement of any road works. Please send all documentation to [email protected].
A plan checking fee and lodgement of a performance bond is required from the applicant prior to the release of the approved road design plans by TfNSW.
58. Road Traffic Noise Impacts
(TfNSW Condition provided 26 February 2020)
The proposed development should be designed such that road traffic noise from Victoria Road is mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102 (3) of State Environmental Planning Policy (Infrastructure) 2007.
As such, prior to the issuing of the Construction Certificate, the developer must demonstrate to Council that road traffic noise from Victoria Road has been mitigated to comply with the above and has regard for the applicable requirements in the NSW Government’s Development Near Rail Corridors and Busy Roads – Interim Guideline, 2008 with applicable requirements being details on the Construction Certificate plans.
59. Construction Pedestrian Traffic Management Plan (CPTMP)
(TfNSW Condition provided 26 February 2020)
A Construction Pedestrian Traffic Management Plan (CPTMP) detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control shall be submitted to Council for approval prior to the issue of a Construction Certificate.
60. Timing of Construction Certificate
(TfNSW Condition provided 27 November 2019)
The applicant should consult with TfNSW to confirm the timing of each Construction Certificate and associated documentation and activities prior to preparation of requested documentation. The applicant should provide the information to TfNSW for review and endorsement. The Principal Certifying Authority (PCA) is not to issue the relevant Construction Certificate until received written confirmation from TfNSW that the following conditions have been complied with.
a) Prior to issue of any Construction Certificate, the applicant shall address the adverse effects of the approved development on the CBD Metro identified in State Environmental Planning Policy (Infrastructure) 2007. The applicant must:
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i. Provide the following for TfNSW review and endorsement:
- Geotechnical Report - Geotechnical Report shall be updated with an engineering assessment of the ground/structure interaction, associated with the future tunnel construction shall be required. A detailed geotechnical and hydrological analysis shall be undertaken to the satisfaction of TfNSW to demonstrate likely movements of the ground due to the future CBD Metro;
- Structural Assessment - Structural Report shall be provided with structural foundation design and associated drawings and to confirm the appropriate consideration of the future CBD Metro to enable verification of compliance to TfNSW requirements in relation to the foundation loadings and layout, bearing pressures, settlement value allowance, soil /structure interaction stresses and movements in the protection zone. Structural drawings should show offsets to the CBD Metro including protection zones in both plan and elevation sections. The applicant shall demonstrate that the development will not suffer any unacceptable damage due to the construction of the CBD Metro.
- Noise and Vibration — Acoustics Report shall be updated in accordance with the TfNSW Corridor Protection requirements such as all structures must be designed, constructed and maintained so as to avoid any damage or other interference which may occur as a result of noise and vibration from railway operations, on the assumption that source vibration level from trains as a result of attenuation provided by the track structure; and
- Electrolysis Report - All Structures must be designed, constructed and maintained so as to avoid any damage or other interference, which may occur as a result of stray electrical currents, electromagnetic effects and the like from future railway operations. An Electrolysis Report is to be submitted to TfNSW demonstrating the Electrolysis Risk to the development. The applicant must incorporate in the development all the measures recommended in the report to control that risk.
Any conditions issued as part of TfNSW approval/certification of the above documents will also form part of the consent conditions that the applicant is required to comply with.
ii. Make allowances that are to be agreed with TfNSW in the design for the future construction of railway tunnels in the vicinity of the approved development;
iii. Consult with TfNSW including preparation of a detailed regime for consultation with and approval by, TfNSW for the excavation of the site and the construction of the building foundations (including ground anchors) for the approved development, which may include geotechnical and structural certification in the form required by TfNSW;
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iv. Provide detailed survey information to TfNSW, to confirm the property boundaries are consistent with the setting out on the CBD Metro drawings;
v. Provide to TfNSW drawings, reports and other information related to the design, construction and maintenance of the approved development; and
vi. Address such other matters that TfNSW considers is appropriate. b) The applicant is to submit a report to TfNSW demonstrating how the proposed development will comply with the Department of Planning's document titled "Development Near Rail Corridors and Busy Roads -Interim Guideline". All structures must be designed, constructed and maintained so as to avoid any damage or other interference, which may occur as a result of air-borne noise, ground-borne noise and vibration that may emanate from the (future) rail corridor construction and rail operations to the proposed development. The applicant must incorporate in the development all the measures recommended in the report.
61. Each Residential Level is to have Access to a Disposal Point for All Waste Streams
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with a plan demonstrating that the disposal point is to be within 30m of the dwelling access (distance covered by lifts excluded). Any bins stored on residential floors are to have the capacity to store, at minimum, all waste generated by that floor over a 24 hour period.
62. Bin Storage Area - Residential
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with a report detailing the ongoing waste generation requirements of the development and demonstrate that the bin storage area is to be provided within the site that will fully accommodate the number of bins required for all waste generated by a development of this type and scale. The number of bins required must be calculated based on a weekly collection of garbage, and a fortnightly collection of recycling.
The area must also include 50% allowance for manoeuvring of bins. The bin storage area is to be located away from habitable rooms, windows, doors and private useable open space, and to minimise potential impacts on neighbours in terms of aesthetics, noise and odour.
The bin storage area is to meet the design requirements detailed in the Leichhardt DCP 2013 and must include doorways/entrance points of 1200mm.
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63. Bulky Waste Storage Area – Residential
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with amended plans demonstrating that the bulky waste storage area must meet the floor area requirements as per the Leichhardt DCP 2013 and have minimum doorways of 1200mm wide to accommodate large items.
64. Waste Transfer Route
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with a plan demonstrating that the path of travel between the bin storage area/bulky waste storage area and the designated waste/recycling collection point is has a minimum 1200mm wall-to-wall clearance, be slip-proof, of a hard surface, be free of obstructions and at no point have a gradient exceeding 1:12. Transferring of bins from the storage area to the waiting collection vehicle must be able to be carried out in accordance with NSW Workplace Health and Safety requirements.
65. Food Premises – Additional Sinks and Hand Wash Basins
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with amended scale plans confirming the position of all sinks and hand wash basins within the food premises in accordance with Australian Standard AS 4674 – 2004 (Design, construction and fit-out of food premises) and Australia and New Zealand Food Standards Code.
66. Food Premises – Odour Emission Control
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with details demonstrating that emission control equipment has been provided in the mechanical exhaust system that effectively minimises the emission of odours, vapours and oils.
67. Noise General – Acoustic Report
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with an acoustic report demonstrating that noise and vibration from the operation of the premises will satisfy the relevant provisions of the Protection of the Environment Operations Act 1997 and Regulations and relevant state and local policies and guidelines. The acoustic report is to be prepared by a suitably qualified and experienced acoustic consultant and any recommendations must be consistent with the approved plans.
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68. Light Spill
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with details demonstrating that any lighting of the premises complies with Australian Standard AS4282:1992: Control of Obtrusive Effects of Outdoor Lighting.
69. Car Wash Bay – Design
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with certification confirming that all wastewater generated from the car wash bay will be discharged to the sewerage systems in accordance with the requirements of Sydney Water.
70. Enclosure of Fire Hydrant
Prior to the issue of the relevant Construction Certificate, the Certifying Authority is to be provided with plans indicating that all fire hydrant and sprinkler booster valves and the like are enclosed in accordance with the requirements of AS 2419.1 2005.
71. Sydney Water – Tap In
Prior to the issue of the relevant Construction Certificate, the Certifying Authority is required to ensure approval has been granted through Sydney Water’s online ‘Tap In’ program to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.
Note: Please refer to the web site http://www.sydneywater.com.au/tapin/index.htm for details on the process or telephone 13 20 92
72. Fibre-ready Facilities
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with evidence that arrangements have been made for:
a) The installation of fibre-ready facilities to all individual lots and/or premises the development so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose. b) The provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/or premises the development demonstrated through an agreement with a carrier.
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73. Consolidation of Lots
Prior to the issue of any Construction Certificate, the Certifying Authority must be provided with evidence that the separate lots comprising the development have been consolidated into one lot and under one title and registered at NSW Land Registry Services.
74. Concealment of Plumbing and Ductwork
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with plans detailing the method of concealment of all plumbing and ductwork (excluding stormwater downpipes) within the outer walls of the building so they are not visible.
75. Future Food Use - Mechanical Ventilation Provision
Prior to the issue of the relevant Construction Certificate, the mechanical exhaust systems and/or shafts must be designed to allow for the discharge of effluent air above roof level and must be designed with capacity to accommodate exhaust ducts and mechanical ventilation systems for all commercial tenancies proposed with the potential to become a food premises in future. Systems must be designed in accordance with AS1668.2 – The Use of Ventilation and Air-conditioning in Buildings – Mechanical Ventilation in Buildings, and AS1668.1 – The Use of Mechanical Ventilation and Air-Conditioning in Buildings – Fire and Smoke Control in Multi-compartment Buildings.
76. Compliance with Planning Agreement
Prior to the issue of any Construction Certificate, the Certifying Authority must be provided written evidence from Council that all matters in the executed Voluntary Planning Agreement must be complied with.
77. Power Pole Relocation
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with evidence that the power and any Ausgrid services are relocated to a position clear of the proposed vehicular crossing.
78. Changes to Levels
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with amended plans incorporating the following amendments:
a) All works must be setback from the frontages of Victoria Road and Waterloo Street such that they are outside the area proposed to be dedicated to Council as a right of
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way to provide a total 4500mm wide footpath along the Victoria Road frontage and a total 3600mm wide footpath along the Waterloo Street frontage.
79. Dilapidation Report – Pre-Development – Major
Prior to the issue of any Construction Certificate or any demolition, the Certifying Authority and Council must be provided with a dilapidation report on the visible and structural condition of the following public infrastructure:
a) Full width of Waterloo Street, including road pavement, stormwater drainage infrastructure, kerb and gutter and footpath, between the intersection with Darling Street and 21 Waterloo Street. b) Half-width of Victoria Road adjacent the site, including road pavement, stormwater drainage infrastructure, kerb and gutter and footpath, between the intersection with Darling Street and 170 Victoria Road. c) Half-width of Darling Street adjacent the site, including road pavement, stormwater drainage infrastructure, kerb and gutter and footpath, at the frontage of 697 Darling Street.
The dilapidation report is to be prepared by a suitably experienced Civil and/or Structural Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng).
80. Parking Facilities – Major (including basement)
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with plans certified by a suitably experienced Civil Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng) demonstrating that the design of the vehicular access, off-street parking facilities and associated vehicle standing areas comply with Australian Standard AS/NZS 2890.1-2004 Parking Facilities: Off-street car parking, Australian Standard AS 2890.2-2018 Parking Facilities: Commercial vehicle facilities, AS/NZS 2890.3-2015 Parking facilities: Bicycle Parking, AS/NZS 2890.6-2009 Parking facilities: Off-street parking for people with disabilities and the following specific requirements:
a) The floor/finished levels within the property must be adjusted to ensure that the levels at the boundary comply with the Alignment Levels issued with this consent. b) At the Waterloo Street vehicular access, the longitudinal profile across the width of the vehicle crossings, vehicular access and any ramps within the parking facilities must
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comply with the Ground Clearance requirements of AS/NZS 2890.1-2004 for a B99 design vehicle. c) At the Victoria Road vehicular access the longitudinal profile across the width of the vehicle crossings, vehicular access and any ramps within the parking facilities must comply with the Ground Clearance requirements of AS/NZS 2890.1-2004 and AS 2890.2-2018 for a B99, SRV, MRV and HRV design vehicles. d) Minimum headroom of 2200mm must be provided throughout the access and parking facilities accessed from Waterloo Street. Minimum headroom of 2500mm must be provided above any disabled parking space(s). e) Minimum headroom of 4500mm must be provided throughout the access and parking facilities accessed from Victoria Road including throughout the path of travel for a HRV and other vehicles utilising the loading bay. f) The headroom must be measured at the lowest projection from the ceiling, such as lighting fixtures, and to open garage doors. Headroom at a ‘sag’ type grade change must be measured in accordance with Figure 5.3 of AS/NZS 2890.1-2004. g) The maximum grade at the property boundary at the Victoria Road egress does not exceed 1 in 20 (5%) for the wheelbase of a HRV design vehicle. h) The maximum grade at the property boundary at the Waterloo Street egress does not exceed 1 in 20 (5%) within 6m of the property boundary; i) Longitudinal sections along each outer edge of the vehicular accesses and parking facilities and throughout the path of travel for a HRV utilising the loading bay, extending to the centreline of the road carriageway must be provided, demonstrating compliance with the above requirements. j) The vehicle egresses are designed such that there are no obstructions to lines of sight, along with the footpath and the roadway for drivers of egressing vehicles including clear sight lines (triangles) to pedestrians in accordance with the requirements of Clause 3.2.4(b) of AS/NZS 2890.1-2004. k) All loading docks and parking bays are designed such that all vehicular movements to and from the proposed development are in a forward direction. l) The entry security door at the Victoria Road frontage entry must be set back from the property boundary a minimum of the length of an HRV design vehicle. m) The Commercial, Retail and Club visitor car parking spaces (excluding the small car spaces) must be minimum User Class 3A. n) Provision of a Watts’ profile speed hump or similar device setback 6m from the property boundary and an associated stop sign and holding line on the vehicular access, near the boundary to both Victoria Road and Waterloo Street to ensure exiting vehicles stop and give way to pedestrian traffic on the footpath. o) The Waterloo Street egress designed for left turn egress only.
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p) The residential parking spaces must be designed to enable electric vehicle charging to be installed. q) The security doors to the residential parking components of the development must have adequate queuing length available such that vehicles queuing for entry do not block or obstruct circulation of public car parking areas.
81. Parking – RMS / TfNSW
(TfNSW Condition provided 26 February 2020)
The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements in relation to landscaping and/or fencing, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1-2004, AS2890.6-2009 and AS 2890.2-2018. Parking Restrictions may be required to maintain the required sight distances at the driveway.
82. Sight Distances – Victoria Road
(TfNSW Condition provided 26 February 2020)
Sight distances from the proposed vehicular crossings to vehicles on Victoria Road are to be in accordance with the Austroads Guide to Road Design: Part 4A: Unsignalised and Signalised Intersections (Section 3 – Sight Distance) and AS 2890. Vegetation and proposed landscaping/fencing must not hinder sight lines to and from the vehicular crossings to motorists, pedestrians and cyclists.
83. Overland Flow path
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with plans certified by a suitably qualified Civil Engineer detailing hydrologic and hydraulic calculations for the overland flow path and the capacity of the existing system and measures necessary to protect the premises in a 1 in 100 year ARI storm event and the requirements of Council’s Flood Planning Policy.
84. Lighting Design
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with an amended landscape plan showing that any proposed outdoor lighting is no brighter than 5 LUX OR 10W. External lighting must use sensor lighting.
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85. Public Domain Works – Prior to Construction Certificate
Prior to the issue of any Construction Certificate, the Certifying Authority must be provided with a public domain works design, prepared by a suitably experienced Civil Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng) and evidence that the works on the Road Reserve have been approved by Council under Section 138 of the Roads Act 1993 incorporating the following requirements:
a) The public domain along all frontages of the site inclusive of footpath paving, kerb, street trees, landscaping, street furniture must be reconstructed and upgraded in accordance with the Inner West Council Public Domain Design Guide and Street Tree Master plan; b) The construction of industrial heavy duty vehicular crossings to all vehicular access locations and removal of all redundant vehicular crossings to the site; c) New footpath and kerb and gutter along the frontages of the site. The kerb type (concrete or stone) must be consistent with the majority of kerb type at this location as determine by the Council Engineer. d) A long section, along both sides of the proposed vehicular crossings and ramp, drawn at a 1:20 or 1:25 natural scale. The long section shall begin from the centreline of the adjacent road to a minimum of 3 metres into the property. The long section shall show both existing surface levels and proposed surface levels. The long section approved by Council shall define the Alignment Levels at the property boundary. e) Cross sections are to be provided at the boundary at a minimum distance of every 5m and at all pedestrian and vehicular access locations. Note, the cross fall of the footpath must be set at 2.5%. These sections will set the alignment levels at the boundary. f) The existing unsatisfactory road pavement in Waterloo Street shall be repaired using a 40mm Mill and Fill treatment for half the road width for the full frontage of the site. Any failed section shall be boxed out and replaced with deep lift asphalt before the Mill and Fill treatment. g) The existing Council drainage system must be extended by an appropriately sized pipeline (minimum 375mm diameter) to the frontage of the site, where a kerb inlet pit (minimum 3m lintel) must be installed.
The pipeline must be designed to have the capacity to convey flows that would be collected at that section of street as generated by a 20 year Average Recurrence Interval storm event. Pipes must be Class 4 Steel Reinforced Concrete Pipe or approved equivalent and Pits must be cast in-situ. Plans, longsections and details must be provided including location of utility services.
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Connection of the private drainage system to Council’s piped drainage system must be at a stormwater drainage pit at a level 300mm (or where not feasible as high as possible) above the invert of the outgoing pipe.
i. Any new or changes to existing signage and line marking required by the development. ii. Installation of any proposed stormwater outlet to the kerb and gutter on Waterloo Street to drain the rear of properties 671 to 693 Darling Street. iii. Full details of RMS and TfNSW approvals. iv. All other works necessary under the conditions of this consent.
All works must be completed prior to the issue of an Occupation Certificate.
86. Structural and Geotechnical Report - Basement
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with an integrated structural and geotechnical report and structural plans that address the design of the proposed basement, prepared certified as compliant with the terms of this condition by a qualified practising Structural and Geotechnical Engineer(s) who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng). The report and plans must be prepared/ amended to make provision for the following:
a) The basement must be fully tanked to prevent the ingress of subsurface flows unless demonstrated by detailed geotechnical investigation that groundwater flows are minimal or intermittent b) Retaining walls must be entirely self-supporting in the event that excavation is undertaken within the road reserve adjacent to the property boundary to the depth of the proposed structure. c) Any existing or proposed retaining walls that provide support to the road reserve must be adequate to withstand the loadings that could be reasonably expected from within the constructed road and footpath area, including normal traffic and heavy construction and earth moving equipment, based on a design life of not less than 100 years. d) All components of the basement, including footings and subsoil drainage, must shown on the plans and be located entirely within the property boundary. e) No adverse impact on surrounding properties including Council’s footpath and road. f) The existing subsurface flow regime in the vicinity of the development must not be significantly altered as a result of the development.
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g) Recommendations regarding the method of excavation and construction, vibration emissions and identifying risks to existing structures or those on adjoining or nearby property. h) Provide relevant geotechnical/ subsurface conditions of the site, as determined by a full geotechnical investigation. i) Construction of suitably designed walls at the boundary with the neighbouring property 168-172 Victoria Road, Rozelle that enable the wall to be removed in future to provide a connection\opening to the neighbouring property for vehicular access at the north western property boundary of Basement Level 1. j) Construction of suitably designed walls at the boundary with the neighbouring property 168-172 Victoria Road, Rozelle that enable the wall to be removed in future to provide a connection\opening to the neighbouring property for pedestrian access and transfer of waste bins to the Residential Waste Collection Area at the north western property boundary of Lower Ground Floor.
87. Waste Collection
Prior to the issue of the relevant Construction Certificate the Certifying Authority must be provided with plans including swept paths prepared by a suitably experienced Civil Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng) that demonstrate that waste collection can be collected on-site by a Council Standard Resource Recovery Vehicle entering and exiting in a forward direction. Council Resource Recovery Vehicle Specifications are as follows:
Dimension Measurement Length: 9.4 metres Width: 2.5 metres Height (travel): 4.5 metres Weight (loaded): 26 tonnes Turning Circle: 26 metres
88. Stormwater Drainage System – Major Developments (incl. pumps)
Prior to the issue of any Construction Certificate, the Certifying Authority must be provided with stormwater drainage design plans incorporating on site stormwater detention and/or on site retention/ re-use facilities (OSR/OSD) and Stormwater Quality Improvement Devices (SQIDS), certified by a suitably experienced Civil Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current
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Registered Professional Engineer qualifications with Professionals Australia (RPEng) that the design of the site drainage system complies with the following specific requirements:
a) The design must be generally in accordance with the stormwater drainage concept plans prepared by Webber Design:
i. Drawing No. C200 Revision P8 dated 26.08.20. ii. Drawing No. C210 Revision P7 dated 25.08.20. iii. Drawing No. C215 Revision P4 dated 25.08.20. iv. Drawing No. C502 Revision P5 dated 25.08.20. v. Drawing No. C503 Revision P4 dated 25.08.20.
b) Stormwater runoff from all surface areas within the property must be collected in a system of gutters, pits and pipelines and be discharged together overflow pipelines from any rainwater tank(s) by gravity to directly to Council’s piped drainage system. c) Comply with Council’s Stormwater Drainage Code, Australian Rainfall and Runoff (A.R.R.), Australian Standard AS3500.3-2018 ‘Stormwater Drainage’ and Council's Leichhardt DCP2013. d) Charged or pump-out stormwater drainage systems are not permitted including for roof drainage except where pump-out of subsurface flows and surface flows from the driveway from the basement is permitted by this consent. e) The Drainage Plan must detail the existing and proposed site drainage layout, size, class and grade of pipelines, pit types, roof gutter and downpipe sizes. f) The plans, including supporting calculations, must demonstrate that the post development flows for the 100 year ARI storm are restricted to the pre development flows for the 5 year ARI storm event in accordance with Section E1.2.3 (C2 and C3) of Council’s DCP2013); g) The proposed on-site retention/reuse (OSR) tanks must be connected to a pump system for internal reuse for laundry purposes, the flushing of all toilets and for outdoor usage such as irrigation. Surface water must not be drained to rainwater tanks where the collected water is to be used to supply water inside the dwelling, such as for toilet flushing or laundry use. h) Pipe and channel drainage systems including gutters must be designed to convey the one hundred (100) year Average Recurrence Interval (ARI) flows from the contributing catchment to the OSD/OSR tanks. i) Details of the 1 in 100-year ARI overflow route from the OSD tank to the adjacent public road in case of failure\blockage of the drainage system must be provided.
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j) An overland flowpath must be provided throughout the site to the street frontages. The public plaza must be graded so that bypass flows from the site drainage system are directed to the overland flowpath. k) Any pump-out system for drainage of surface flows from the basement ramp and subsurface flows must be designed in accordance with the following criteria:
i. Comply with all relevant Australian Standards. ii. An overflow, flashing light and audible alarm is to be provided to warn of pump failure. iii. A maintenance regime for the pump system must be provided, including provision for regular maintenance and servicing at least every 6 months. iv. The proposed pump system must consist of two (2) pumps, connected in parallel, with each pump being capable of emptying the holding tank at a rate equal to the rate of inflow for the one-hour duration, 100-year Average Recurrence Interval (ARI) storm event plus total subsurface flows into the basement(s). The holding tank must be capable of holding not less than one hour’s runoff from one-hour duration 20-year ARI storm event plus subsurface inflows for the whole development. v. Where OSD facilities are required by this consent, the pump system must be discharged to the OSD storage tank. vi. Subsurface flows must be collected at the point of ingress to the basement i.e. at the basement walls. vii. The subsurface drainage system must have sufficient capacity to collect and convey all subsurface flows to the pump out system. viii. The system, including the used and location of grated Inlet pits and drains within the basement, must be designed to minimise potential for pollutants from cars or other sources to enter the drainage system. e.g.. isolate any subsurface drains at boundary walls, inspection pits with solid covers etc.
l) The design must make provision for the natural flow of stormwater runoff from uphill/upstream properties/lands. m) Details of external catchments currently draining to the site including the rear of properties 671 to 693 Darling Street must be included on the plans. The overland flows from external catchments must be captured and catered for within the proposed site drainage system or drained to Waterloo Street and discharged via a kerb outlet. n) No nuisance or concentration of flows to other properties. o) The stormwater system must not be influenced by backwater effects or hydraulically controlled by the receiving system.
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p) An inspection opening or stormwater pit must be installed inside the property, adjacent to the boundary, for all stormwater outlets. q) New pipelines within the footpath area that are to discharge to the kerb and gutter must be hot dipped galvanised steel hollow section with a minimum wall thickness of 4.0mm and a maximum section height and width of 100mm. r) All stormwater outlets through sandstone kerbs must be carefully core drilled in accordance with Council standard drawings. s) All redundant pipelines within footpath area must be removed and footpath/kerb reinstated. t) Water quality filtration basket(s) with screening bag or similar primary treatment device(s) must be installed on the site stormwater drainage system such that all water entering the site stormwater drainage system is filtered by the device(s). u) Stormwater quality improvement devices must be installed such that stormwater flows leaving the site meet the following environmental targets:
Pollutant Baseline Annual Pollution Load Retention Criteria (kg/ha/yr) Gross Pollutants, including trash, 500 90% reduction of average annual litter and vegetation matter greater load than 5mm Total Suspended solids, including 900 85% reduction of average annual sediment and other fine material load less than 5mm Total Phosphorous 2 65% reduction of average annual load Total Nitrogen 15 45% reduction of average annual load Hydrocarbons (Oil and Grease) 90% reduction of average annual load – no visible discharge Toxicants 100% containment of toxicants
v) A water balance model must be submitted to accompany the water re-use proposal; w) A WSUD Strategy Report must be provided to ensure the treatment measures proposed to meet Council’s water quality targets. A MUSIC model (including .sqz file) must be included with the report; x) A detailed WSUD maintenance plan outlining how all elements of the water quality treatment facility will be maintained and to record annual inspections/maintenance works to be undertaken. y) Dry-weather flows of any seepage water including seepage from landscaped areas will not be permitted through kerb outlets and must be connected directly to a Council stormwater system.
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z) No impact to street tree(s).
89. Access Report
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with an Access Management Plan prepared by an Accredited Access Consultant. The Access Management Plan must address:
a) Confirmation whether the Disability (Access to Premises – Buildings) Standards 2010 is applicable to the development, in particular whether the Standards apply to the affected part; b) Proposed requirements for access to the building or part of building for people with a disability in accordance with Part D3 of Building Code of Australia; c) Assessment and identification of non-compliances with the Disability Standards 2010 and/or the BCA where applicable and provide recommendations to achieve compliance with the relevant performance requirements; d) Accessible car parking spaces should be provided, where applicable, in accordance with Part D3.5 of BCA Vol; and e) Any exemptions, alternative solutions or deemed-to-satisfy provisions affecting access.
90. Structural Details and Design
Prior to the issue of the relevant Construction Certificate, the Certifying Authority must be provided with structural details and a Structural Certificate for Design by a qualified practising structural engineer and in accordance with Clause A2.2(a)(iii) of the Building Code of Australia (applicable to Class 2-9 buildings) and Clause 1.2.2(iii) of Volume 2 of the BCA (applicable to Class 1 and 10 buildings).
91. A Road Occupancy Licence (ROL)
(TfNSW Condition provided 26 February 2020)
A Road Occupancy Licence (ROL) should be obtained from Transport Management Centre for any works that may impact on traffic flows on Victoria Road during construction activities. A ROL can be obtained through https://myrta.com/oplinc2/pages/security/oplincLogin.jsf
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92. Stormwater Drainage System – Victoria Road
(TfNSW Condition provided 26 February 2020)
Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system that impact upon Victoria Road are to be submitted to TfNSW Maritime for approval, prior to the commencement of any works. Please send all documentation to [email protected]
A plan checking fee will be payable and a performance bond may be required before TfNSW approval is issued.
93. Excavation – TfNSW Assessment
(TfNSW Condition provided 26 February 2020)
The developer is to submit design drawings and documents relating to the excavation of the site and support structures to TfNSW for assessment, in accordance with Technical Direction GTD2012/001.
The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by TfNSW. Please send all documentation to [email protected].
If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) day notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.
94. Existing “Clearway”, “No Stopping” and “Bus Zones” - Victoria Road
(TfNSW Condition provided 26 February 2020)
Existing “Clearway”, “No Stopping” and “Bus Zones” along the full Victoria Road frontage of the development shall remain throughout construction and occupation of the site.
95. Demolition and construction vehicles
(TfNSW Condition provided 26 February 2020)
All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. No works zone will be permitted on Victoria Road.
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96. Imported Fill Materials
All imported fill on the site shall be validated as Virgin Excavated Natural Material (VENM) or Excavated Natural Material (ENM), in accordance with NSW Environment Protection Authority guidelines, ‘Consultants Reporting on Contaminated Sites’ (August 2011) to ensure the imported fill is suitable for the proposed land use.
All fill imported onto the site shall be validated by either one or both of the following methods:
a) Imported fill be accompanied by documentation from the supplier which certifies that the material is not contaminated based upon analyses of the material for the known past history of the site where the material is obtained; and/or
b) Sampling and analysis of the fill material be conducted in accordance with NSW Environment Protection Authority’s Sampling Design Guidelines (September 1995).
97. Contamination – New Evidence
Any new information revealed during demolition, remediation or construction works that have the potential to alter previous conclusions about site contamination must be immediately notified to the Council and the Certifying Authority.
98. Aboriginal Heritage – Unexpected Finds
If unexpected archaeological deposits or Aboriginal objects are found during the works covered by this approval, work must cease in the affected area(s) and the Office of Environment & Heritage must be notified. Additional assessment and approval pursuant to the National Parks and Wildlife Act 1974 may be required prior to works continuing in the affected area(s) based on the nature of the discovery. Council’s Aboriginal Programs Supervisor is also to be notified.
99. Aboriginal Heritage –Induction
Prior to any ground disturbance works commencing on site, all staff and contractors must be made aware of their statutory obligations for Aboriginal heritage under the National Parks and Wildlife Act 1974, which may be implemented as a heritage induction.
100. Documentation of Demolition and Construction Waste
All waste dockets from the recycling and/or disposal of any demolition and construction waste generated from the works must be retained on site.
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101. Construction Hours – Class 1 and 10
Unless otherwise approved by Council, excavation, demolition, construction or subdivision work are only permitted between the hours of 7:00am to 5.00pm, Mondays to Saturdays (inclusive) with no works permitted on, Sundays or Public Holidays.
102. Construction Hours – Class 2-9
Unless otherwise approved by Council, excavation, demolition, construction or subdivision work must only be permitted during the following hours:
a) 7:00am to 6.00pm, Mondays to Fridays, inclusive (with demolition works finishing at 5pm); b) 8:00am to 1:00pm on Saturdays with no demolition works occurring during this time; and c) at no time on Sundays or public holidays.
Works may be undertaken outside these hours where they do not create any nuisance to neighbouring properties in terms of dust, noise, vibration etc. and do not entail the use of power tools, hammers etc. This may include but is not limited to painting.
In the case that a standing plant or special out of hours permit is obtained from Council for works in association with this development, the works which are the subject of the permit may be carried out outside these hours.
This condition does not apply in the event of a direction from police or other relevant authority for safety reasons, to prevent risk to life or environmental harm.
Activities generating noise levels greater than 75dB(A) such as rock breaking, rock hammering, sheet piling and pile driving must be limited to:
a) 8:00am to 12:00pm, Monday to Saturday; and
b) 2:00pm to 5:00pm Monday to Friday.
The person acting on this consent must not undertake such activities for more than three continuous hours and must provide a minimum of one 2 hour respite period between any two periods of such works.
“Continuous” means any period during which there is less than an uninterrupted 60 minute respite period between temporarily halting and recommencing any of that intrusively noisy work.
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103. Diversity of local native plant species
Prior to the issue of a Construction Certificate, the Certifying Authority must be provided with an amended landscape plan certified, by a qualified landscape architect, demonstrating a plant schedule consisting of 90% local native plants, including a dense grassy understorey with shrub layer and associated canopy that utilises a diverse and representative range of local native species as per the table below:
Lot size Minimum number of different local native plant species required Trees Shrubs Grasses, groundcovers, climbers 450 – 499m2 2-3 8 5 500 – 999m2 2-3 10 6 1000 – 1999m2 5-6 12 7 2000 – 5000m2 5-6 15 8
104. Survey Prior to Footings
Upon excavation of the footings and before the pouring of the concrete, the Certifying Authority must be provided with a certificate of survey from a registered land surveyor to verify that the structure will not encroach over the allotment boundaries.
PRIOR TO OCCUPATION CERTIFICATE
105. Project Arborist Certification
Prior to the issue of any Occupation Certificate, the Principal Certifier is to be provided with certification from the project arborist the requirements of the conditions of consent related to the landscape plan and the role of the project arborist have been complied with.
106. Maintenance of tree plantings
The tree/s planted as part of this consent is/are to be maintained in a healthy and vigorous condition for 12 months from the issue of an Occupation Certificate. If any of the tree/s is/are found faulty, damaged, dying or dead within 12 months of the issue of an Occupation Certificate it/they must be replaced with the same species within one (1) month (up to 3 occurrences).
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107. Design Verification Statement
A design verification statement from a qualified designer shall be submitted to the Principal Certifying Authority prior to the issue of the final Occupation Certificate. The statement shall confirm the development has been constructed in accordance with the quality principles set out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development.
Note: ‘Qualified Designer’ means a person registered as an architect in accordance with the Architects Act 2003. This condition is imposed in accordance with Clauses 154A of the Environmental Planning and Assessment Regulation 2000
108. Proposed Victoria Road Access Arrangement
(TfNSW Condition provided 02 June 2020)
Prior to the issue of the Occupation Certificate, the applicant shall undertake a Pre-Opening Road Safety Audit for the Victoria Road access and the sign posting / line marking arrangements between the loading dock and Victoria Road access. This audit shall be undertaken in accordance with Austroads Guide to Road Safety Part 6: Managing Road Safety Audits and Austroads Guide to Road Safety Part 6A: Implementing Road Safety Audits by an independent TfNSW accredited road safety auditor.
Based on the results of the road safety audit, the applicant shall implement safety measures in consultation with TfNSW as required, prior to the issue of the Occupation Certificate.
109. Loading Dock Management Plan
(TfNSW Condition provided 26 February 2020)
Prior to the issue of the Occupation Certificate, the applicant shall prepare a detailed Loading Dock Management Plan in consultation with TfNSW. The applicant shall submit a copy of the final plan to the Principal Certifying Authority (PCA). The Plan needs to specify, but not be limited to, the following:
• Details of the development’s freight and servicing profile, including the forecast freight and servicing traffic volumes by vehicle size, frequency, time of day and duration of stay; • Details of alternate service vehicle parking locations and loading zones to redirect vehicles in the event of extensive queuing at the access to the development
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• Management of incidents at the access to the loading dock and Management of conflicts between vehicles accessing the site and pedestrian movements along Victoria Road.
110. Prior to the Issue of the Occupation Certificate
(TfNSW Condition provided 27 November 2019)
Prior to the Issue of any Occupation Certificate, the Applicant is to submit the as-built drawings to TfNSW.
111. Underground Petroleum Storage System (UPSS) – Decommissioning – Validation
Prior to the issue of any Occupation Certificate, the Certifying Authority must be provided with a validation report prepared by a suitably qualified and experienced person. The report is to confirm that the underground petroleum storage system has been removed, replaced or decommissioned in accordance with the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008, the Protection Environment Operations Act 1997 and Australian Standard AS4976-2008: The removal and disposal of underground petroleum storage tanks.
112. Noise – Acoustic Report
Prior to the issue of the relevant Occupation Certificate, the Certifying Authority must be provided with an acoustic report prepared by suitably qualified acoustic consultant which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environment Protection Authority’s Noise Policy for Industry and Noise Control Manual and conditions of Council’s approval, including any recommendations of the acoustic report referenced in the conditions of the approval. The acoustic report is to be prepared by a suitably qualified and experienced acoustic consultant and any recommendations must be consistent with the approved plans.
113. Licensed Premises – Plan of Management
Prior to the issue of the relevant Occupation Certificate, the draft Plan of Management for the operation of the licensed premises listed in Condition 1 must be finalised and provided to the Certifying Authority and address the following: a. Compliance with the relevant conditions of approval; b. Minimise the potential impact of the operation of the premises on nearby residents;
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c. Effectively minimise and manage anti-social behaviour; d. Minimise noise emissions and associated nuisances; e. Effectively manage and respond to resident complaints; f. Ensure responsible service of alcohol and harm minimisation; and g. Patron conductivity and security.
114. Contamination – Disposal of Soil
Prior to the issue of any Occupation Certificate, the Certifying Authority must be provided with a validation report confirming that all off-site disposal of soil has been classified, removed and disposed of in accordance with the NSW DECC Waste Classification Guidelines, Part 1: Classifying Waste (EPA 2014), Protection of the Environment Operations (Waste) Regulation 2014 and the Protection of the Environmental Operations Act 1997.
115. Contamination – Validation (Site Audit Statement Required)
Prior to the issue of any Occupation Certificate, the Certifying Authority and Council must be provided with a Section A Site Audit Statement prepared by a NSW Environment Protection Authority Accredited Site Auditor.
The Site Audit Statement must confirm that the site has been remediated in accordance with the Remedial Action Plan and clearly state that the site is suitable for the proposed use.
116. Car Wash Bay – Trade Waste Agreement
Prior to the issue of the relevant Occupation Certificate, the Certifying Authority must be provided with a copy of the Sydney Water Trade Waste Agreement for the disposal of wastewater from the premises.
117. Food Premises Grease Trap – Trade Waste Agreement
Prior to the issue of the relevant Occupation Certificate, the Certifying Authority must be provided with certification confirming that the grease trap has been installed to the premises in accordance with Australian Standard AS 3500 and the National Plumbing and Drainage Code. A copy of the Sydney Water Trade Waste Agreement must also accompany the certification.
118. Non-combustible Cladding – Class 2-9 Buildings
Prior to the issue of any Occupation Certificate the Certifying Authority must be provided with suitable evidence is provided to demonstrate that the products and systems proposed for use or used in the construction of external walls including finishes and claddings such as synthetic
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or aluminium composite panels comply with the relevant requirements of the National Construction Code (NCC).
119. Products Banned Under the Building Products (Safety) Act 2017
Prior to the issue of any Occupation Certificate, the Certifying Authority is to confirm that none of the building products used on the building are subject to a building product use ban under the Building Products (Safety) Act 2017 or, if a product is only subject to a ban if used in a particular way that it is not used in any way contrary to the Building Products (Safety) Act 2017.
120. Shopping Trolley Management Plan
Prior to the issue of the relevant Occupation Certificate for the supermarket, the shopping trolley management plan listed in Condition 1 above must be finalised and provided to the Certifying Authority, and must specify that the management system that will be used is to ensure that shopping trolleys are not abandoned on the surrounding area.
121. Section 73 Certificate
< Refer to Types of development that need a Section 73 Compliance Certificate.>
Prior to the issue of the relevant Occupation Certificate, the Certifying Authority must be provided with a Section 73 Certificate under the Sydney Water Act 1994.
122. Public Domain Works
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with written evidence from Council that the all works on the Road Reserve have been completed in accordance with the requirements of the approval under Section 138 of the Roads Act 1993. All works must be constructed in accordance with Council’s standards and specifications and AUS-SPEC#2- “Roadworks Specifications”.
123. No Encroachments
Prior to the issue of any Occupation Certificate, the Principal Certifying Authority must ensure that any encroachments on to Council road or footpath resulting from the building works have been removed, including opening doors, gates and garage doors with the exception of any awnings or balconies approved by Council.
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124. Skylights
Prior to the issue of the relevant Occupation Certificate, the Certifying Authority must verify that any skylights are parallel to the roof plane, are non-reflective and use a frame colour that is the same the surrounding roof colour.
125. Solar Panels
Prior to the issue of the relevant Occupation Certificate, the Certifying Authority must verify that any Solar panels have the same pitch and angle as the roof plane.
126. Exhaust Fan Vents
Prior to the issue of the relevant Occupation Certificate, the Certifying Authority must verify that the colour of any Exhaust Fan Vents is the same as the surrounding roof colour.
127. Protect Sandstone Kerb
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must ensure that any damaged stone kerb has been replaced including all kerb outlets in stone kerb must be carefully core drilled.
128. Heavy Duty Vehicle Crossing
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must ensure that heavy duty concrete vehicle crossing/s, in accordance with Council’s Standard crossing and footpath specifications and AUS-SPEC#2-“Roadworks Specifications” has been constructed at the vehicular access locations.
129. Redundant Vehicle Crossing
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must ensure that all redundant vehicular crossings to the site have been removed and replaced by kerb and gutter and footpath paving in accordance with Council’s Standard crossing and footpath specifications and AUS-SPEC#2-“Roadworks Specifications”. Where the kerb in the vicinity of the redundant crossing is predominantly stone the replacement kerb must also be in stone.
130. Undergrounding Power – Major development
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must ensure that the existing overhead power cables along the Waterloo Street and Victoria Road
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frontages of the site have been relocated underground with appropriate street lighting and new steel standard poles. The street lighting must be designed in accordance with Australian Standard AS1158-Road Lighting and the Network Standards of Ausgrid and must meet the lighting category required by Council and RMS. In addition, the design must also comply with AS4282 to ensure that no injury is caused to the amenity of the surrounding area by light overspill or obtrusive light.
131. Parking Signoff – Major Development
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with certification from a suitably experienced Civil Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng) that the vehicle access and off street parking facilities have been constructed in accordance with the development consent and relevant Australian Standards and the following has been implemented within the property.
a) The car park has been completed, line marked, all necessary bollards installed and all signage relating to car parking erected. b) A notice has been clearly displayed at the Victoria Road frontage to indicate that visitor parking is available within the property with access from Waterloo Street. c) Sign(s) have been erected that clearly indicate(s) to the drivers of vehicles both on and off the property which driveway they are to use to enter or leave the subject land. d) Sign(s) have been erected that clearly indicate to the drivers of vehicles both on and off the property the location and means of access to the car parking area(s). e) The Waterloo Street egress constructed, sign posted and linemarked for left turn egress only. f) Signage, line marking and other appropriate measures to direct egressing vehicles through the loading dock to the Victoria Road exit ramp between the hours of 8pm and 5pm. g) The residential parking spaces must be designed to enable electric vehicle charging to be installed at a later date. h) The Designated Dual Use Commercial Car Parking Spaces shall be for the exclusive use of the Commercial Tenants and their visitors between 8.00 AM and 6.00 PM on weekdays. The specific Commercial Tenant benefited by the parking space(s) must be specified on each Parking Space. Outside of these times, all Commercial Car Parking Spaces must be available for public use.
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132. Public Domain - Major Developments
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with the works-as-executed plan(s), certified by a Registered Surveyor, that show the as built details in comparison to those shown on the plans approved with the public domain and Roadworks Permit with all relevant levels and details indicated must be marked in red on a copy of the Council stamped plans.
133. Dilapidation Report – Post-Development
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with a second Dilapidation Report addressing the public infrastructure identified in approved predevelopment dilapidation report, including a photographic survey, structural condition and CCTV inspections which was compiled after the completion of works. As the report details public infrastructure, a copy is to be furnished to Council at the same time.
134. Stormwater Drainage and Road Works – Certification
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority and Council must be provided with Certification by a suitably experienced Civil Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng) that:
a) All works required to be undertaken on public roads have been constructed in accordance with Council’s approved plans. b) Identifies all variations from the approved works and certify that the variations do not impact the function of the works or result in safety hazards. c) Includes the date(s) of inspection. All works must be inspected on-site and any CCTV footage reviewed. d) Video inspection (CCTV) in accordance with WSA 05-2013 Conduit Inspection Reporting Code of Australia has been carried out of completed stormwater drainage works that are to revert to Council by an accredited operator. e) Full works-as-executed plans in PDF and CAD format (dwg or dxf files), prepared and signed by a Registered Surveyor have been submitted to Council. f) Includes details of all TfNSW and RMS approvals for the works as constructed.
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135. Works as Executed – Site Stormwater Drainage System
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with Certification by a suitably qualified Civil Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng) that:
a) The stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards. b) Works-as-executed plans of the stormwater drainage system certified by a Registered Surveyor, to verify that the drainage system has been constructed, OSD/OSR system commissioned and stormwater quality improvement device(s) and water reuse and basement drainage pump(s) installed in accordance with the approved design and relevant Australian Standards have been submitted to Council. The works-as-executed plan(s) must show the as built details in comparison to those shown on the drainage plans approved with the Construction Certificate. All relevant levels and details indicated must be marked in red on a copy of the Principal Certifying Authority Stamped Construction Certificate plans.
136. Basement Signoff – Major Development
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with certification from a suitably experienced structural and geotechnical engineer, who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng), that the basement and driveway has been constructed in accordance with the development consent and relevant Australian Standards.
137. Operation and Management Plan - Stormwater
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with an Operation and Management Plan has been prepared and implemented for the on-site detention and on-site retention/re-use facilities and stormwater quality improvement device(s) and pump(s). The Plan must set out the following at a minimum:
a) The proposed maintenance regime, specifying that the system is to be regularly inspected and checked by qualified practitioners. b) The proposed method of management of the facility, including procedures, safety protection systems, emergency response plan in the event of mechanical failure, etc.
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138. Easements, Restrictions on the Use of Land and Positive Covenants
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with evidence that Easements, Restrictions on the Use of Land and Positive Covenants under Section 88B or 88E, whichever is relevant to the subject development, of the Conveyancing Act 1919, has been created on the title of the property detailing the following:
a) Public Right of carriage way at the Victoria Road frontage for the site of 900mm width to provide a total 4500mm wide footpath; b) Public Right of carriage way along the Waterloo Street frontage of the site of 1000mm width to provide a total 3600mm wide footpath; c) Restrictions on the Use of Land related to on Site Stormwater Detention and Stormwater Retention/Reuse System and stormwater quality improvement devices; d) Positive Covenant related to on-site stormwater detention and retention/reuse system; e) Positive Covenant related to stormwater quality improvement devices; f) Positive Covenant and Right of Way related to provision of 6 x Carshare spaces;
The wording in the Instrument must be in accordance with Councils Standard wording.
139. Easement – Upstream Drainage
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with evidence that:
a) A common drainage easement in favour of the parcels of land to be drained, being the properties 671 to 693 Darling Street to Waterloo Street, has been created over the full length of all existing and proposed inter-allotment drainage systems within the site of the proposed development. b) The Easement must be shown on the Certificate and Plan, together with the relevant rights of the upstream owners. c) Proof of registration of the easement and a written statement signed by the Registered Surveyor that the as-built pipeline is totally within the proposed easement.
140. Easements – Neighbouring sites
Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must be provided with evidence that:
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a) An easement for vehicular access in favour of the parcels of land to be accessed, being the neighbouring property 168-172 Victoria Road, Rozelle, has been created within the site of the proposed development over the full length of the path of travel for a B99 design vehicle to/from the Waterloo frontage and to the Victoria Road frontage from the benefited property . b) An easement for pedestrian access and transfer of waste in favour of the neighbouring property 168-172 Victoria Road, Rozelle, has been created within the site of the proposed development over the full length of the path of travel to/from the benefited property to the waste room of the proposed development. c) Certification from a qualified practising Structural and Geotechnical Engineer(s) that: i. The walls at the boundary with the neighbouring property 168-172 Victoria Road, Rozelle have been suitably constructed to enable the wall to be removed in future to provide a connection\opening to the neighbouring property for vehicular access at the north western property boundary of Basement Level 1. ii. The walls at the boundary with the neighbouring property 168-172 Victoria Road, Rozelle have been suitably constructed to enable the wall to be removed in future to provide a connection\opening to the neighbouring property for pedestrian access and transfer of waste bins to the Residential Waste Collection Area at the north western property boundary of Lower Ground Floor. d) The Easements must be shown on the Certificate and Plan, together with the relevant rights of the benefited properties and Works as Executed plans at the points of connection between the properties. The rights must be consistent with the vehicular ingress/egress requirements for the proposed development. e) Proof of registration of the easements including on all relevant titles.
141. No Weep Holes
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with evidence that any weep holes to Council road or footpath resulting from the building works have been removed.
142. Special Event traffic management plan
Prior to the issue of the relevant Occupation Certificate, the Principal Certifying Authority must be provided with written evidence from Council that a Special Event Traffic Management plan has been submitted to and approved by Council. The plan must address the following as a minimum:
a) Types of events that require special event traffic management plan. e.g. major NRL games and specific auditorium events b) Number of vehicles and persons expected.
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c) Methods to manage arrivals and departures from the site. d) The amenity of Waterloo Street and impact to adjoining properties e) Use of signage and traffic controllers.
143. Carshare – use and operation
The use and operation of the 6 x car share spaces must be managed by the owner or contracted by the owner to a car share operator to the satisfaction of Council. The use and operation of the car share space must be accommodated in the titling and management of the development, including covenants, building or strata management statement, by laws and other instruments before the issue of the relevant Occupation Certificate, and must provide for:
a) Free use of the 6 x car share spaces; b) Public access at all times to the 6 x car share vehicles c) Insurances, including public liability.
144. Historic Marker or Plaque
A vandal and weather resistant plaque is to be provided and installed within the "Heritage Lane" off Darling Street describing the history of the site and building prior to the issue of the final Occupation Certificate. The design, location and wording must be submitted for the approval of Council’s Heritage Specialist prior to manufacture and installation. The marker is to be incorporated into the heritage interpretation plan.
ON-GOING
145. Proposed Victoria Road Access Operation
(TfNSW Condition provided 02 June 2020)
A road safety audit shall be carried out for the operation of the Victoria Road access arrangement for the vehicle movements to/from the loading dock and from the car park in accordance with Austroads Guide to Road Safety Part 6: Managing Road Safety Audits and Austroads Guide to Road Safety Part 6A: Implementing Road Safety Audits by an independent TfNSW accredited road safety auditor after a four (4) month period of operation but within six (6) months of operation.
Based on the results of the road safety audit, the applicant shall implement safety measures in consultation with TfNSW as required within six (6) months of operation.
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146. Access - Victoria Road Loading Dock
(TfNSW Condition provided 26 February 2020)
Access to the proposed Victoria Road loading dock shall not be permitted during the morning peak (0700 to 10.00 Monday to Friday) and afternoon/evening peak (1600 to 1900 Monday to Friday). This shall be reflected in the site’s Loading Dock Management Plan.
147. Access – Victoria Road
(TfNSW Condition provided 26 February 2020)
All vehicles shall enter the Victoria Road access without stopping. All service vehicles waiting to enter the loading dock shall not protrude into travel lanes and foot path. Any queuing within Victoria Road is not permitted. This shall be reflected in the site’s Loading Dock Management Plan.
148. Stormwater System Operation and Management Plan
The stormwater system Operation and Management Plan for the on-site detention and on-site retention/re-use and stormwater quality improvement devices and Pump facilities, approved with the Occupation Certificate, must be implemented, and kept in a suitable location on site at all times.
149. Vehicles Leaving the Site
All vehicles must enter and exit the site in a forward direction.
150. Loading/unloading on site
All loading and unloading are to be conducted within the site at all times. Any designated loading bay/dock area is to remain available for loading/unloading purposes at all times during permitted operational hours. No storage of goods or parking of cars is to be carried out in these areas. Loading and unloading is not permitted between 8pm and 5am due to vehicle egress from the carpark to Victoria Road through the loading dock.
151. Parking Permits
All owners, tenants and occupiers of this building are not eligible to participate in any existing or proposed Council Resident Parking Schemes. All occupants and/or employees of this building will be ineligible to obtain Council Resident Parking Scheme parking permits.
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152. Green travel plan
The Green Travel Plan must be implemented and kept in a suitable location on site at all times. A Green Travel Plan with Public Transport Routes and Bicycle Network is to be prepared and made available to the residents and commercial premises tenants. The Public Transport and Bicycle Network Plans are to be installed in common areas prior to the issue of the Final Occupation Certificate. Use of alternative modes of transport are be encouraged.
153. Special event traffic management plan
The Special Event Traffic Management plan, approved with the Occupation Certificate, must be implemented, and kept in a suitable location on site at all times.
154. Community Bus
A community bus must be provided that is owned and operated by the Club and is to travel along the major roads of the municipality from East Balmain to Parramatta Road for the purpose of transporting club patrons to and from the site.
155. Public Car Parking
The 147 Retail and Club parking spaces are to be provided on site for public use. These spaces are to be free for a minimum of 2 hours, at all times.
The 23 designated dual use Commercial Car Parking Spaces shall be for the exclusive use of the Commercial Tenants and their visitors between 8.00 AM and 6.00 PM on weekdays. The specific Commercial Tenant benefited by the parking space(s) must be specified on each Parking Space. Outside of these times, all Commercial Car Parking Spaces must be available for public use and are to be free for a minimum of 2 hours.
156. Noise General
The proposed use of the premises and the operation of all plant and equipment must not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations, NSW EPA Noise Policy for Industry and NSW EPA Noise Guide for Local Government.
157. Noise – Licensed Premises (7am – 12midnight)
The LA10 noise level emitted from the premises, measured between the hours of 7am and 12 midnight, is not to exceed the background noise level in any octave band frequency (centred
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on 31.5Hz to 8 kHz inclusive) by more than 5 dB, when measured at the boundary of any adjoining residence.
158. Noise – Licensed Premises (12midnight – 7am)
The LA10 noise level emitted from the premises, measured between the hours of midnight and 7am, is not to exceed the background noise level in any octave band frequency (centred on 31.5Hz to 8 kHz inclusive), when measured at the boundary of any adjoining residence.
159. Noise – Licensed Premises – Music/Gaming Machines
Machines located within an approved outdoor gaming/smoking area must not be visible from the public domain and must not dispense coins i.e. cashless. There is to be air lock entry from the outdoor gaming/smoking area into the main building fitted with self-closing device. The number of patrons using the outdoor gaming area is restricted to Up to 10pm - unrestricted person at any time, 10pm to midnight - 150 person at any time, after midnight - 20 persons at any time.
160. Noise – Licensed Premises/Entertainment Venues – Acoustic Report
During the first sixty (60) days of entertainment being provided at the premises, the following acoustic measures must be undertaken:
a) A suitably qualified acoustic consultant must be appointed to: i. measure and verify the noise emanating from the premises; and ii. if necessary, make recommendations to ensure that the noise emanating from the premises complies with the noise criteria. b) The noise measurements must be: i. undertaken without the knowledge of the applicant, manager or operator of the premises; ii. taken on at least three (3) different occasions on three (3) different days of the week (excluding Monday, Tuesday and Wednesday) from 11pm until the end of the public entertainment or close of business, whichever occurs first, and iii. Submitted to the Certifying Authority within four (4) weeks of testing. c) If the acoustic consultant recommends that additional treatment or works be undertaken those recommendations must be: i. submitted to Certifying Authority with the noise measurements; ii. implemented to the acoustic consultant’s satisfaction before the end of the first sixty (60) days of public entertainment provided on the premises; and
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iii. If the acoustic consultant’s recommendations are not implemented in accordance with this condition, the relevant element of trading (ie outdoor area access)/ public entertainment on the premises must cease until such time as the recommendations are implemented and verified.
161. Licensed Premises – Plan of Management - Operation
The operation of the premises complying at all times with the approved Plan of Management. The Plan of Management is not to be further amended without the prior written approval of the Council. If there is any inconsistency between the Plan of Management and the conditions of this consent, the conditions of consent shall prevail to the extent of that inconsistency.
162. Commercial Waste/Recycling Collection
The collection of waste and recycling must only occur between 7:00am and 8:00pm weekdays and 9:00am and 5:00pm weekends and public holidays, to avoid noise disruption on the surrounding area,
Garbage and recycling must not be placed on the street for collection more than one (1) hour before the scheduled collection time. Garbage bins and containers are to be removed from the street within one (1) hour after collection.
163. Bin Storage
All bins are to be stored and serviced from within the site.
164. Documentation of Businesses Waste Services
All businesses must have written evidence of all valid and current contracts and/ or tip dockets for the disposal and/ or processing of all waste streams generated from the site.
ADVISORY NOTES
Underground Petroleum Storage System (UPSS) – Decommissioning
The removal, replacing or decommissioning of an underground petroleum storage system must comply with the requirements of the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019, the Protection of the Environment Operations Act 1997 and Australian Standard AS4976-2008: The removal and disposal of underground petroleum storage tanks.
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Microbial Control – Certification
All cooling towers and warm water systems are to be operated and maintained in accordance with the following:
a) Public Health Act 2010; b) Public Health Regulation 2012; and c) Australian Standard AS/NZS 3666 – Air Handling and Water Systems of Buildings – Microbial Control, Parts 1, 2 & 3.
Storage of Hazardous and Dangerous Goods
Dangerous and hazardous goods must be stored in accordance with NSW WorkCover requirements and AS1940-2004, The Storage and Handling of Flammable and Combustible Liquids.
Transport and Disposal of Hazardous and Dangerous Goods
Hazardous and industrial waste arising from the use must be removed and / or transported in accordance with the requirements of the NSW Environment Protection Authority (EPA) and the New South Wales WorkCover Authority.
Asbestos Removal
A demolition or asbestos removal contractor licensed under the Work Health and Safety Regulations 2011 must undertake removal of more than 10m2 of bonded asbestos (or otherwise specified by WorkCover or relevant legislation).
Removal of friable asbestos material must only be undertaken by a contractor that holds a current Class A Friable Asbestos Removal Licence.
Demolition sites that involve the removal of asbestos must display a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm is to be erected in a prominent visible position on the site to the satisfaction of Council’s officers. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos has been removed from the site to an approved waste facility.
All asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations (Waste) Regulation 2014. All receipts detailing method and location of disposal must be submitted to Council as evidence of correct disposal.
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Food Premises Certification
The food premises design, construction and operation is in accordance with the following:
a) Food Act 2003; b) Food Regulation 2010; c) Australia and New Zealand Food Standards Code; d) Australian Standard AS 4674 – 2004 (Design, construction and fit-out of food premises); e) Australian Standard AS 1668 Part 1 – 1998; and f) Australian Standard AS 1668 Part 2 – 2012.
Food Premises Waste Storage Area
To ensure adequate storage and collection of waste from the food premises, all garbage and recyclable materials must be stored in a designated waste storage area. The designated waste storage area must be designed and constructed in accordance with the Australian Standard AS 4674 – 2004 (Design, construction and fit-out of food premises) and Australia and New Zealand Food Standards Code.
Mechanical Ventilation System Certification
The mechanical ventilation systems are to be designed, constructed and operated in accordance with the following:
a) Australian Standard AS 1668 Part 1 – 1998; b) Australian Standard AS 1668 Part 2 – 2012; c) Australian Standard 3666.1 – 2011; d) Australian Standard 3666.2 – 2011; and e) Australian Standard 3666.3 - 2011. The system must be located in accordance with the approved plans and/or within the building envelope, design and form of the approved building. Any modifications to the approved plans required to house the system must be the subject of further approval from Council.
Health Premises Registration – Generic
The premises are required to be registered with Council’s Environment Health Team in accordance with the following relevant legislation:
a) Food Shop - Food Act 2003; b) Hairdressing Salon / Barber - Public Health Act 2010 and the Local Government (General) Regulation 2005; c) Skin Penetration - Public Health Regulation 2012;
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d) Cooling Tower / Warm Water System - Public Health Act 2010 and Public Health Regulation 2012; and e) Boarding House / Shared Accommodation - Boarding Houses Act 2012 and the Local Government (General) Regulation 2005.
Notice to Council to deliver Residential Bins
Council should be notified of bin requirements three months prior to the occupation of the building to ensure timely delivery.
Council will place an order for the required bins. Delivery will occur once the applicant has completed a Request for New Service.
Recycling / Garbage / Organics Service Information and Education
The building manager / strata title manager or body corporate is responsible for ensuring all tenants are kept informed regarding Council’s services, and best practice waste and recycling source separation.
Prescribed Conditions
This consent is subject to the prescribed conditions of consent within clause 98-98E of the Environmental Planning and Assessment Regulations 2000.
Notification of commencement of works
At least 7 days before any demolition work commences: a) the Council must be notified of the following particulars: i. the name, address, telephone contact details and licence number of the person responsible for carrying out the work; and ii. the date the work is due to commence and the expected completion date; and b) a written notice must be placed in the letter box of each directly adjoining property identified advising of the date the work is due to commence.
Storage of Materials on public property
The placing of any materials on Council's footpath or roadway is prohibited, without the prior consent of Council.
Toilet Facilities
The following facilities must be provided on the site:
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a) Toilet facilities in accordance with WorkCover NSW requirements, at a ratio of one toilet per every 20 employees; and
b) A garbage receptacle for food scraps and papers, with a tight fitting lid.
Facilities must be located so that they will not cause a nuisance.
Infrastructure
The developer must liaise with the Sydney Water Corporation, Ausgrid, AGL and Telstra concerning the provision of water and sewerage, electricity, natural gas and telephones respectively to the property. Any adjustment or augmentation of any public utility services including Gas, Water, Sewer, Electricity, Street lighting and Telecommunications required as a result of the development must be undertaken before occupation of the site.
Other Approvals may be needed
Approvals under other acts and regulations may be required to carry out the development. It is the responsibility of property owners to ensure that they comply with all relevant legislation. Council takes no responsibility for informing applicants of any separate approvals required.
Failure to comply with conditions
Failure to comply with the relevant provisions of the Environmental Planning and Assessment Act 1979 and/or the conditions of this consent may result in the serving of penalty notices or legal action.
Other works
Works or activities other than those approved by this Development Consent will require the submission of a new Development Application or an application to modify the consent under Section 4.55 of the Environmental Planning and Assessment Act 1979.
Obtaining Relevant Certification
This development consent does not remove the need to obtain any other statutory consent or approval necessary under any other Act, such as (if necessary):
a) Application for any activity under that Act, including any erection of a hoarding; b) Application for a Construction Certificate under the Environmental Planning and Assessment Act 1979; c) Application for an Occupation Certificate under the Environmental Planning and Assessment Act 1979;
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d) Application for a Subdivision Certificate under the Environmental Planning and Assessment Act 1979 if land (including stratum) subdivision of the development site is proposed; e) Application for Strata Title Subdivision if strata title subdivision of the development is proposed; f) Development Application for demolition if demolition is not approved by this consent; or g) Development Application for subdivision if consent for subdivision is not granted by this consent.
Disability Discrimination Access to Premises Code
The Disability Discrimination Act 1992 (Commonwealth) and the Anti-Discrimination Act 1977 (NSW) impose obligations on persons relating to disability discrimination. Council’s determination of the application does not relieve persons who have obligations under those Acts of the necessity to comply with those Acts.
Notification of commencement of works
Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the PCA (not being the council) has given the Council written notice of the following information:
a) In the case of work for which a principal contractor is required to be appointed: i. The name and licence number of the principal contractor; and ii. The name of the insurer by which the work is insured under Part 6 of that Act.
b) In the case of work to be done by an owner-builder: i. The name of the owner-builder; and ii. If the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.
Dividing Fences Act
The person acting on this consent must comply with the requirements of the Dividing Fences Act 1991 in respect to the alterations and additions to the boundary fences.
National Construction Code (Building Code of Australia)
A complete assessment of the application under the provisions of the National Construction Code (Building Code of Australia) has not been carried out. All building works approved by this consent must be carried out in accordance with the requirements of the National Construction Code.
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Permits from Council under Other Acts
Where it is proposed to occupy or carry out works on public roads or Council controlled lands, the person acting on this consent must obtain all applicable Permits from Council in accordance with Section 68 (Approvals) of the Local Government Act 1993 and/or Section 138 of the Roads Act 1993. Permits are required for the following activities:
a) Work zone (designated parking for construction vehicles). Note that a minimum of 2 months should be allowed for the processing of a Work Zone application; b) A concrete pump across the roadway/footpath; c) Mobile crane or any standing plant; d) Skip bins; e) Scaffolding/Hoardings (fencing on public land); f) Public domain works including vehicle crossing, kerb & guttering, footpath, stormwater, etc.; g) Awning or street verandah over footpath; h) Partial or full road closure; and i) Installation or replacement of private stormwater drain, utility service or water supply.
Contact Council’s Road Access team to ensure the correct Permit applications are made for the various activities. A lease fee is payable for all occupations.
Amenity Impacts General
The use of the premises must not give rise to an environmental health nuisance to the adjoining or nearby premises and environment. There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations. The use of the premises and the operation of plant and equipment must not give rise to the transmission of a vibration nuisance or damage other premises.
Fire Safety Certificate
The owner of the premises, as soon as practicable after the Final Fire Safety Certificate is issued, must:
a) Forward a copy of the Final Safety Certificate and the current Fire Safety Schedule to the Commissioner of Fire and Rescue New South Wales and the Council; and b) Display a copy of the Final Safety Certificate and Fire Safety Schedule in a prominent position in the building (i.e. adjacent the entry or any fire indicator panel).
Every 12 months after the Final Fire Safety Certificate is issued the owner must obtain an Annual Fire Safety Certificate for each of the Fire Safety Measures listed in the Schedule.
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The Annual Fire Safety Certificate must be forwarded to the Commissioner and the Council and displayed in a prominent position in the building.
Construction of Vehicular Crossing
The vehicular crossing and/or footpath works are required to be constructed by your own contractor. You or your contractor must complete an application for Construction of a Vehicular Crossing & Civil Works form, lodge a bond for the works, pay the appropriate fees and provide evidence of adequate public liability insurance, prior to commencement of works.
Lead-based Paint
Buildings built or painted prior to the 1970's may have surfaces coated with lead-based paints. Recent evidence indicates that lead is harmful to people at levels previously thought safe. Children particularly have been found to be susceptible to lead poisoning and cases of acute child lead poisonings in Sydney have been attributed to home renovation activities involving the removal of lead based paints. Precautions should therefore be taken if painted surfaces are to be removed or sanded as part of the proposed building alterations, particularly where children or pregnant women may be exposed, and work areas should be thoroughly cleaned prior to occupation of the room or building.
Dial before you dig
Contact “Dial Prior to You Dig” prior to commencing any building activity on the site.
Useful Contacts
BASIX Information 1300 650 908 weekdays 2:00pm - 5:00pm
www.basix.nsw.gov.au
Department of Fair Trading 13 32 20
www.fairtrading.nsw.gov.au
Enquiries relating to Owner Builder Permits and Home Warranty Insurance.
Dial Prior to You Dig 1100
www.dialprior toyoudig.com.au
Landcom 9841 8660
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To purchase copies of Volume One of “Soils and Construction”
Long Service Payments 131441 Corporation www.lspc.nsw.gov.au
NSW Food Authority 1300 552 406
www.foodnotify.nsw.gov.au
NSW Government www.nsw.gov.au/fibro
www.diysafe.nsw.gov.au
Information on asbestos and safe work practices.
NSW Office of Environment and 131 555 Heritage www.environment.nsw.gov.au
Sydney Water 13 20 92
www.sydneywater.com.au
Waste Service - SITA 1300 651 116 Environmental Solutions www.wasteservice.nsw.gov.au
Water Efficiency Labelling and www.waterrating.gov.au Standards (WELS)
WorkCover Authority of NSW 13 10 50
www.workcover.nsw.gov.au
Enquiries relating to work safety and asbestos removal and disposal.
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Electrical Substations
Should the proposed development require the provision of an electrical substation, such associated infrastructure must be incorporated wholly within the development site and may be the subject of an application for modification of consent.
Permits
Where it is proposed to occupy or carry out works on public roads or Council controlled lands, the person acting on this consent must obtain all applicable Permits from Council in accordance with Section 68 (Approvals) of the Local Government Act 1993 and/or Section 138 of the Roads Act 1993. Permits are required for the following activities:
a) Work zone (designated parking for construction vehicles). Note that a minimum of 2 months should be allowed for the processing of a Work Zone application; b) A concrete pump across the roadway/footpath; c) Mobile crane or any standing plant; d) Skip Bins; e) Scaffolding/Hoardings (fencing on public land); f) Public domain works including vehicle crossing, kerb & guttering, footpath, stormwater, etc.; g) Awning or street veranda over the footpath; h) Partial or full road closure; and i) Installation or replacement of private stormwater drain, utility service or water supply.
If required contact Council’s Road Access team to ensure the correct Permit applications are made for the various activities. Applications for such Permits must be submitted and approved by Council prior to the commencement of the works associated with such activity.
Rock Anchors
If you are seeking to use temporary anchors, you must make a request for approval for a Permit under Section 138 of the Roads Act 1993. The submission would need to be supported by an engineering report prepared by a suitably qualified Structural Engineer, with supporting details addressing the following issues:
a) Demonstrate that any structures within the road reserve are of adequate depth to ensure no adverse impact on existing or potential future service utilities in the road reserve. All existing services must be shown on a plan and included on cross- sectional details where appropriate. b) Demonstrate how the temporary anchors will be removed or immobilised and replaced by full support from structures within the subject site by completion of the works.
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c) The report must be supported by suitable geotechnical investigations to the efficacy of all design assumptions.
Public Domain and Vehicular Crossings
The vehicular crossing and/or footpath works are required to be constructed by your contractor. You or your contractor must complete an application for Design of Vehicle Crossing and Public Domain Works – Step 1 form and Construction of Vehicle Crossing and Public Domain Works – Step 2 form, lodge a bond for the works, pay the appropriate fees and provide evidence of adequate public liability insurance, before commencement of works.
You are advised that Council has not undertaken a search of existing or proposed utility services adjacent to the site in determining this application. Any adjustment or augmentation of any public utility services including Gas, Water, Sewer, Electricity, Street lighting and Telecommunications required as a result of the development must be at no cost to Council
Any damage caused during construction to Council assets on the road reserve or on Council or Crown land must be repaired at no cost to Council.
Any driveway crossovers or other works within the road reserve must be provided at no cost to Council.
No consent is given or implied for any Encroachments onto Council’s road or footpath of any service pipes, sewer vents, boundary traps, downpipes, gutters, eves, awnings, stairs, doors, gates, garage tilt up panel doors or any structure whatsoever, including when open.
Insurances
Any person acting on this consent or any contractors carrying out works on public roads or Council controlled lands is required to take out Public Liability Insurance with a minimum cover of twenty (20) million dollars in relation to the occupation of, and approved works within those lands. The Policy is to note, and provide protection for Inner West Council, as an interested party and a copy of the Policy must be submitted to Council prior to commencement of the works. The Policy must be valid for the entire period that the works are being undertaken on public property.
Easement and Covenant Process
The following documents must be submitted to Council as part of the Easement and Covenant process and requirements, for the site on-site detention/on-site retention/reuse facilities (OSD/OSR) and stormwater quality improvement devices (SQIDS): a) Work-As-Executed Plans
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A "Work-as-Executed" plan prepared and signed by a Registered Surveyor must be submitted to the Council’s Development Assessment Engineer at the completion of the works showing the location of the detention basin and SQIDS with finished surface levels, contours at 0.2- metre intervals and volume of storage available. Also, the outlet pipe from the detention basin to its connection to the Council's drainage system must be shown together with the following information: location; pipe diameter; gradient; pipe material, i.e. PVC or RCP etc.; pits sizes; orifice size; trash screen at orifice; emergency overflow dimensions and RL; all buildings (including floor levels) and finished ground and pavement surface levels and full details of SQIDS.
a) Engineer's Certificate
A qualified practising Civil Engineer must certify on the completion of drainage works in respect of:
i. The soundness of the storage structure; ii. The capacity of the detention storage; iii. The emergency overflow system being in place; iv. The works being constructed in accordance with the Development Application Consent and Council’s Stormwater Management DCP/Code; v. The freeboard from maximum water surface level to the finished floor and garage levels are at or above the minimum required in Council’s Stormwater Management DCP/Code; vi. Basement car park pumps are class one zone two; and vii. OSR pumps and SQIDS have been installed and commissioned. b) Restriction-As-To-User
A “Restriction-as-to-User” must be placed on the title of the subject property to indicate the location and dimensions of the detention area and stormwater quality improvement device(s) (SQIDS). This is to ensure that works, which could affect the function of the stormwater detention system and SQIDS, must not be carried out without the prior consent in writing of the Council.
Such restrictions must not be released, varied or modified without the consent of the Council.
A typical document is available from Council’s Development Assessment Engineer. c) A Maintenance Schedule.
Consent of Adjoining property owners
This consent does not authorise the applicant, or the contractor engaged to do the tree works to enter a neighbouring property. Where access to adjacent land is required to carry out
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approved tree works, Council advises that the owner’s consent must be sought. Notification is the responsibility of the person acting on the consent. Should the tree owner/s refuse access to their land, the person acting on the consent must meet the requirements of the Access To Neighbouring Lands Act 2000 to seek access.
Arborists standards
All tree work must be undertaken by a practicing Arborist. The work must be undertaken in accordance with AS4373—Pruning of amenity trees and the Safe Work Australia Code of Practice—Guide to Managing Risks of Tree Trimming and Removal Work. Any works in the vicinity of the Low Voltage Overhead Network (including service lines—pole to house connections) must be undertaken by an approved Network Service Provider contractor for the management of vegetation conflicting with such services. Contact the relevant Network Service Provider for further advice in this regard.
Tree Protection Works
All tree protection for the site must be undertaken in accordance with Council’s Development Fact Sheet—Trees on Development Sites and AS4970—Protection of trees on development sites.
Tree Pruning or Removal (including root pruning/mapping)
Removal or pruning of any other tree (that would require consent of Council) on the site is not approved and must be retained and protected in accordance with Council’s Development Fact Sheet—Arborist Reports.
Historic Archaeology – Unexpected Findings
If unexpected archaeological deposits are found during the works covered by this approval, work must cease in the affected area(s) and the Office of Environment & Heritage must be notified. Additional assessment and approval pursuant to the Heritage Act 1977 may be required prior to works continuing in the affected area(s) based on the nature of the discovery.
Skeletal Remains
If any Aboriginal objects or bones suspected of being human are found during construction works, work must cease, no further disturbance of the site must occur, the NSW Police and the Office of Environment & Heritage Environment Line on 131 555 must be notified as soon as practicable and details of the objects or remains and their location are to be provided. The skeletal remains are to be managed in accordance with the Office of Environment & Heritage Skeletal Remains: Guidelines for Management of Human Skeletal Remains. These guidelines can be ordered by completing the Publications Order Form available at:
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https://www.environment.nsw.gov.au/resources/heritagebranch/heritage/publicationsorderfor m.pdf
Accessibility
The Access to Premises Code is applicable to this development as new work is proposed. The applicant(s) should investigate whether there are any exemptions for the requirement to upgrade the ‘affected’ part and principal pedestrian entrance.
The applicant should be made aware of their legislative requirements and shall provide an Accessibility Report from an accredited Access Consultant prior to issue of the DA determination / with the CC documentation to investigate the implications relating to their proposed development.
Building Access requirements:
a) Table D3.1 requires an accessway to the building and within all areas normally used by the occupants of the building at the main point(s) of entry, car parking area, and sanitary compartments in accordance with Part D3, BCA Vol 1 and AS 1428.1; b) Class 2: Table D3.1 requires an accessway from a common use pedestrian entrance required to be accessible to at least 1 floor containing sole-occupancy units and to the entrance doorway of each sole-occupancy unit located on that level. Further, where a passenger lift is installed, access to the entrance doorway of each sole-occupancy unit and common areas/rooms served by the lift; and c) This may include compliant accessways, walkways, ramps, stairs, doorways and circulation space, braille & tactile design, signage, and all associated finishes and fittings throughout the building.
Change of use
Pursuant to Clause 93 of the Environmental Planning and Assessment Regulation 2000, the building subject to the change of use must comply with the Category 1 fire safety provisions and structural adequacy provisions as required by Clause 143 of the Regulations.
Annual Fire Safety Statement
An annual Fire Safety Statement must be given to Council and the NSW Fire Brigade commencing within 12 months after the date on which the initial Interim/Final Fire Safety Certificate is issued or the use commencing, whichever is earlier.
An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that:
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a) Each essential fire safety measure specified in the statement has been assessed by a competent fire safety practitioner and was found, when it was assessed, to be capable of performing: i. in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or ii. in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and b) The building has been inspected by a competent fire safety practitioner and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7.
Noise
Noise arising from the works must be controlled in accordance with the requirements of the Protection of the Environment Operations Act 1997 and guidelines contained in the New South Wales Environment Protection Authority Environmental Noise Control Manual.
RMS / TfNSW Advisory Note Condition 1
(TfNSW Condition provided 26 February 2020)
The subject property is subject to a lease by TfNSW for a temporary construction site for the Western Harbour Tunnel and Beaches Link Program as shown by green hatching on the attached Aerial “X”.
In July 2018, the NSW Government released the proposed reference design for the Western Harbour Tunnel and Beaches Link program. Under the proposed reference design, this property is impacted by the project and may need to be acquired.
The NSW Government has carried out extensive community engagement on the proposed reference design. Feedback received from all stakeholders will be considered as the design is finalised for the project's environmental assessment. There will be further engagement undertaken as part of the environmental assessment. This is when it is expected the potential impact to this property will be confirmed.
Bicycle Parking
(TfNSW Condition provided 26 February 2020)
Bicycle Parking should be provided in accordance with AS2890.3.
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Public utility adjustment/relocation works
(TfNSW Condition provided 26 February 2020)
The developer shall be responsible for all public utility adjustment/relocation works, necessitated by the above work and as required by the various public utility authorities and/or their agents.
Street Numbering
If any new street numbers or change to street numbers (this includes unit and shop numbers) are required, a separate application must be lodged with and approved by Council’s GIS Team before being displayed.
Water Servicing
• The drinking water main available for connection is the 150mm main on the southern side of Victoria Road. • Amplifications of the water main may be required due to the densification of development within the proximity of the development site. • Detailed drinking water requirements will be provided at the Section 73 application phase.
Wastewater Servicing
• The wastewater main available for connection is the 225mm main constructed inside the property boundary. • The proposed development site is traversed by a number of wastewater mains. Where the proposed works are in close proximity to a Sydney Water asset, the developer may be required to carry out additional works to facilitate their development and protect the wastewater main. Subject to the scope of the development, servicing options may involve adjustment/deviation ànd or compliance with the Guidelines for building over/adjacent to Sydney Water's assets. • Detailed wastewater requirements will be provided at the Section 73 application phase.
Sydney Water Servicing
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.
The proponent is advised to make an early application for the certificate, as there may be water and wastewater pipes to be built that can take some time. This can also impact on other services and buildings, driveways or landscape designs.
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Applications must be made through an authorised Water Servicing Coordinator. For help either visit www.sydneywater.com.au > Plumbing, building and developing> Developing> Land development or telephone 13 20 92.
Building Plan Approval
The approved plans must be submitted to the Sydney Water Tap in™ online service to determine whether the development will affect any Sydney Water sewer or water main, stormwater drains and/or easement, and if further requirements need to be met. The Sydney Water Tap in™ online self-service rep/aces our Quick Check Agents as of 30 November 2015.
The Tap in™ service provides 24/7 access to a range of services, including: • building plan approvals • connection and disconnection approvals • diagrams • trade waste approvals • pressure information • water meter installations • pressure boosting and pump approvals • changes to an existing service or asset, e.g. relocating or moving an asset.
Sydney Water's Tap in™ online service is available at: https://www.sydneywater.com.au/SW/plumbing-building-developing/building/sydney-water- tap-in/index.htm
Requirements for Business Customers for Commercial and Industrial Property Developments.
Trade Wastewater Requirements
If this development is going to generate trade wastewater, the property owner must submit an application requesting permission to discharge trade wastewater to Sydney Water's sewerage system. You must obtain Sydney Water approval for this permit before any business activities can commence. It is illegal to discharge Trade Wastewater into the Sydney Water sewerage system without permission. The permit application should be emailed to Sydney Water's Business Customer Services at [email protected] A Boundary Trap is required for all developments that discharge trade wastewater where arrestors and special units are installed for trade wastewater pre-treatment.
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If the property development is for Industrial operations, the wastewater may discharge into a sewerage area that is subject to wastewater reuse. Find out from Business Customer Services if this is applicable to your development.
Backflow Prevention Requirements
Backflow is when there is unintentional flow of water in the wrong direction from a potentially polluted source into the drinking water supply. All properties connected to Sydney Water's supply must install a testable Backflow Prevention Containment Device appropriate to the property's hazard rating. Property with a high or medium hazard rating must have the backflow prevention containment device tested annually. Properties identified as having a low hazard rating must install a non-testable device, as a minimum. Separate hydrant and sprinkler fire services on non-residential properties, require the installation of a testable double check detector assembly. The device is to be located at the boundary of the property. Before you install a backflow prevention device: 1. Get your hydraulic consultant or plumber to check the available water pressure versus the property's required pressure and flow requirements. 2. Conduct a site assessment to confirm the hazard rating of the property and its services. ÇORtact PIAS at NSW Fair Trading on 1300 889 099. For installation you will need to engage a licensed plumber with backflow accreditation who can be found on the Sydney Water website: http://www.sydneywater.com.au/Plumbing/BackflowPrevention/
Water Efficiency Recommendations
Water is our most precious resource and every customer can playa role in its conservation. By working together with Sydney Water, business customers are able to reduce their water consumption. This will help your business save money, improve productivity and protect the environment. Some water efficiency measures that can be easily implemented in your business are: • Install water efficiency fixtures to help increase your water efficiency, refer to WELS (Water Efficiency Labelling and Standards (WELS) Scheme, http://www.waterrating.gov.au/ • Consider installing rainwater tanks to capture rainwater runoff, and reusing it, where cost effective. Refer to http://www.sydneywater.com.au/Water4Life/lnYourBusiness/RWTCalculator.cfm
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• Install water-monitoring devices on your meter to identify water usage patterns and leaks. • Develop a water efficiency plan for your business.
It is cheaper to install water efficiency appliances while you are developing than retrofitting them later.
Contingency Plan Recommendations
Under Sydney Water's customer contract Sydney Water aims to provide Business Customers with a continuous supply of clean water at a minimum pressure of 15meters head at the main tap. This is equivalent to 146.8kpa or 21.29psi to meet reasonable business usage needs. Sometimes Sydney Water may need to interrupt, postpone or limit the supply of water services to your property for maintenance or other reasons. These interruptions can be planned or unplanned. Water supply is critical to some businesses and Sydney Water will treat vulnerable customers, such as hospitals, as a high priority. Have you thought about a contingency plan for your business? Your Business Customer Representative will help you to develop a plan that is tailored to your business and minimises productivity losses in the event of a water service disruption. For further information please visit the Sydney Water website at: http://www.sydneywater.com.au/OurSystemsandOperations/TradeWaste/ or contact Business Customer Services on 1300985 2)7-or [email protected].
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BRIEFING NOTE To: All Councillors From: Chief Executive Officer, Michael Deegan Date: 1 September 2020 Subject: Callan Park virtual public meeting tonight
Councillors,
The Callan Park draft Landscape Structure Plan live online meeting is at 6pm tonight, Tuesday, 1 September.
Meeting running order • 6pm Acknowledgement of Country and welcome - Inner West Mayor Darcy Byrne • Speaker - Ward Councillor John Stamolis • Presentation - Aaron Callaghan, Parks and Recreation Planning Manager • Q & A – Moderated by Annie Coulthard, Senior Engagement Specialist • Closing remarks – Inner West Mayor Darcy Byrne • 7pm Meeting closes
Councillors may join the live Zoom webinar or watch the live stream.
• Use this URL to enter the Zoom webinar: https://us02web.zoom.us/j/88592723474
• Watch the live stream of the meeting on Council’s Facebook page at: https://www.facebook.com/innerwestcouncil/
How does the Q&A work in the Zoom meeting? Community members can post a written question or comment through the Q&A function at the bottom of the screen which will be broadcast via the moderator.
Can community members submit feedback if they don’t attend the online meeting? Yes, at: https://yoursay.innerwest.nsw.gov.au/callan-park by 9 September.
MICHAEL DEEGAN CHIEF EXECUTIVE OFFICER `
Briefing Note To: All Councillors From: Chief Executive Officer, Michael Deegan Date: 18 August 2020 Subject: Response to Question taken on notice from 25 August 2020 Ordinary Council Meeting
Councillors
Please find below response to the question taken on notice during the Ordinary Council Meeting on 25 August 2020.
Councillor Question Response Clr Stamolis Seek an explanation and A response to this is available in information from a separate Councillor briefing Prudential Investment note called ‘Monthly Investment Services Corp on final Report’ sent out on 1 September statement on chart. 2020. Clr Passas How long has the existing Gannon Lane - The parking signage be in? restrictions were installed ten years ago - 30 July 2010.
Clr Byrne How many new trees It is intended to plant a minimum could be planted from the of 3,000 trees with an aim of up $5 million fund? to 4,000 trees. A watering and maintenance plan is also being finalised.
MICHAEL DEEGAN CHIEF EXECUTIVE OFFICER `
Briefing Note
To: All Councillors From: Chief Executive Officer, Michael Deegan Date: 01/09/2020 Subject: Monthly Investment Report
Councillors
Please find below clarification on graphs and definitions covering our Monthly Investment Report.
DEFINITIONS FOR INVESTMENT SUMMARY REPORTS Accrued Interest which has been earned but not yet paid on a security. Interest Interest payments are made on scheduled dates as per the securities' terms. ADI Authorised Deposit taking Institution. Institutions such as banks, credit unions and building societies which are regulated by the Australian Prudential Regulation Authority (APRA). Investors' deposits in ADIs have been singled out by the Australian Commonwealth Government to be covered by their deposit guarantee (Financial Claims Scheme) up to $250,000 per institution. Benchmark Council's portfolio performance is benchmarked against the Bloomberg AusBond Bank Bill Index. This index is used extensively in the market as a benchmark for cash and short dated fixed interest portfolios and is reported daily in the Australian Financial Review. Capital Value The value of a security less its accrued interest.
Current Value The current marked-to-market value of the security plus accrued interest at the time of reporting. Current Yield The interest rate being paid on various investment types (e.g. cash, (%); Current TDs, bonds, MBS, FRNs) within the portfolio as at month end. Current Coupon; Yield excludes the movement in underlying capital value of the Coupon; Rate securities. Face Value The capital amount due to be received by Council upon maturity of the security. Institution The ADI or issuer of the security.
Mark-to-market The valuation of an investment which is based on a market price for (performance) the security. This value takes into account any changes to the underlying capital value of the security as well as any accrued interest which will be paid in the future. This is the approximate value of the security if sold in the market on the day of the report. Maturity Date The date when the face value and any final interest payment of the security is due to be paid back to Council. Monthly The overall mark-to-market return of the total portfolio. This takes into Portfolio Return account all the weighted mark-to-market returns of the individual (% p.a.) securities in the portfolio. The performance figures shown on the report are annualised (%. p.a.) for the various periods for easier comparison. As noted above, mark-to-market returns take into account any changes to the underlying capital values of the securities as well as any accrued interest which will be paid in the future. Security `
valuations are obtained via Reuters at the end of each month to provide the capital values of market traded securities.
Next Coupon The date that the security is scheduled to pay its next interest Date instalment (also called a coupon on securities which make multiple interest payments during its life). Purchase Price Amount of Council's initial outlay for the security which includes its capital value and accrued interest where applicable. Purchase Yield The yield to maturity of fixed rate bond securities at the time of purchase. This takes into account any discount or premium paid for the security if bought in the secondary market, i.e. bought in the market after issuance. Rating The credit rating for the security or institution as determined by Standard & Poor's Rating Agency or equivalent. Shorth Term rating scales are used for maturities up to 365 days and Long Term ratings are used for maturities greater than 365 days. Long Term ratings are scaled from the highest AAA through AA,A, BBB, etc to D (default). Short term ratings are scaled A-1+, A-1, A-2, A-3, B, C, D. The four major Australian banks are all rated AA- / A-1+.
SOURCE OF DATA FOR INVESTMENT SUMMARY REPORTS’ GRAPHS AND TABLES:
Current Value for market traded securities such as Bonds and Floating Rate Notes come from a third party pricing service called Reuters. Cash and Term Deposit values are taken from bank information and only include face value plus accrued interest. `
The Monthly Portfolio Return (%pa) is the overall marked-to-market return of the total portfolio for the month or period being measured. This takes into account all the weighted mark-to-market returns of the individual securities in the portfolio. Mark-to-market returns take into account any changes to the underlying capital values of the securities as well as any accrued interest which will be paid in the future. Security valuations are obtained via Reuters at the end of each month to provide the capital values of market traded securities. The mark-to-market returns are calculated from the difference between the end of the last period to the end of the current period being measured. The performance figures shown on the report are annualised (%. p.a.) for the various periods for easier comparison. The benchmark for the portfolio shown on the graph is the Bloomberg Ausbond Bank Bill Index. This index is used extensively in the market as a benchmark for cash and fixed interest portfolios and is reported daily in the Australian Financial Review as well as via subscription.
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Portfolio exposures versus policy limits are monitored by Prudential internally with access to Standard & Poor’s Credit Rating updates to ensure securities are showing their correct rating categories and Marketforces.com for verification of individual ADIs’ fossil fuel position.
This is the same monthly performance chart as shown on the Executive Summary Page, but includes tabular data for various time periods ending in the current month. The portfolio and the Bloomberg Ausbond Bank Bill Index performances are both calculated as marked-to- market returns. `
Sources and definitions for the Environmental Commitments Report are detailed in the footnotes of the report.
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Portfolio exposures versus policy limits are monitored by Prudential internally with access to Standard & Poors’ Credit Rating updates to ensure securities are showing their correct rating categories and Marketforces.com for verification of individual ADIs’ fossil fuel position.
MICHAEL DEEGAN CHIEF EXECUTIVE OFFICER