Application number DA-110/2016

Site address 6-8 Bronte Road, Bondi Junction

Proposal Demolition of the existing commercial building and erection of an 8 storey commercial building. Date of lodgement 24 March 2016

Owner Mac's Pty Limited

Applicant Concorde Enterprises Pty Ltd

Submissions Two submissions (original plans) One submission (amended plans)

Cost of works $4,671, 991 (Amended Scheme)

Issues Heritage, Streetscape, Right of Way

Recommendation That the application be APPROVED

Site Map

Note: Brown colour denotes Listed Heritage Items under WLEP 2012 1. PREAMBLE

1.1 Site and Surrounding Locality

A site visit was carried out on 23 May 2016.

The site is identified as Lot 1 in DP 395647 known as 6-8 Bronte Road, Bondi Junction. It is located on the eastern side of Bronte Road near the intersection of Spring Street and Bronte Road.

The site is predominantly rectangular in shape with a slight irregular boundary in the rear south/east corner of the site. The site has a frontage of 9.18m to Bronte Road and a depth of 27.6m and an overall area of 299m2 and is generally flat.

Currently occupying the site is a single storey commercial building which is currently occupied by the NAB bank. The building covers the whole site to all boundaries and has no vehicular access.

Adjoining the building to the south and east is the Westfield Commercial development and to the north is the Tea Gardens Hotel which is listed as a heritage item. Across the Road from the site there are 4 heritage listed properties known as 1,1a, 3 and 3A-5 Bronte Road.

Bondi Junction is the commercial core of the Local Government Area, characterised by the Bus Rail Interchange, predominantly commercial activities with residential towers above. The Bondi Junction area is currently undergoing change with recent approvals and construction of mixed use shop top housing ranging from 38-60m in height.

Figure 1: Subject site frontage

Figure 2: Site viewed from Spring Street

1.2 Relevant History

Previous applications

Complying Development (Private) 117/2011- Demolition of an internal partition and construction of workshops - Approved

DA-569/2006 - Replace existing signage with new signage for existing premises - Approved

LD-582/2000 - Fit out & shopfront alterations to existing retail bank - Approved

History to this application

On the 14 June 2016, the application was deferred as it was considered that the proposal did not achieve design excellence. The following 4 main issues were raised;  Street Proportion and relationship to heritage item  Setbacks  Materially and architectural expression  Ecologically Sustainable Development

Amended plans were submitted to address the above matters on 14 July 2016 and are subject to assessment in this report.

1.3 Proposal

The application seeks permission for the demolition of the existing building and construction of an 8 storey building intended for ground floor retail and 7 levels of commercial/office floor space above.

This application does not seek permission for fit out or use of the building, nor any signage. These elements will be subject to a separate development application.

Figure 3: Photo montage of the proposed building.

2. ASSESSMENT

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

2.1 Section 79C (1)(a) Planning Instruments and Development Control Plans

The following is an assessment against relevant legislation, environmental planning instruments, including State environmental planning polices (SEPPs), and development control plans.

2.1.1 SEPP 55 Remediation of Land

The subject site is currently used as a commercial use for the National Australia Bank and is proposed to be continued to be used as the same. The use will not be converting to a more ‘sensitive’ land use, therefore no further investigations are considered necessary at this stage. It is considered that the land is suitable for the proposed use. Conditions of consent are to be implemented should any contaminants be found during construction.

2.1.2 SEPP (Infrastructure) 2007

Although in close proximity, the site is not identified within the ‘railway corridor' requiring assessment against the SEPP.

2.1.3 Waverley Local Environmental Plan 2012 (Waverley LEP 2012)

The relevant matters to be considered under the Waverley LEP 2012 for the proposed development are outlined below:

Table 1: Waverley LEP 2012 Compliance Table

Provision Compliance Comment Part 1 Preliminary 1.2 Aims of plan The proposal complies with the aims of the Yes plan. Part 2 Permitted or prohibited development Land Use Table The proposal is defined as a commercial B3 Commercial Core Zone Yes building which is permitted with consent in the zone. Part 4 Principal development standards 4.3 Height of buildings The proposal is 29.4m, well within the 60m Yes  60m height limit. 4.4 Floor space ratio The application proposes 1,668.3m2 of gross  8:1 floor area, equating to an FSR of 5.6:1, well  Site Area: 299m2 Yes under the permitted FSR for the site.  Permissible floor space= 2392m2 Part 5 Miscellaneous provisions 5.10 Heritage conservation The existing site is not heritage listed, or Yes located in a heritage conservation area, but the adjoining Tea Gardens Hotel to the north

Provision Compliance Comment of the site is listed as a Heritage Item. The built form of the building has been modified to have a more appropriate bulk and scale to the adjoining heritage building, to ensure that its significance remains prominent within the streetscape. This matter is discussed in further detail within this report. Part 6 Additional local provisions 6.5 Active street frontages in The ground floor of the building maintains an Yes the Bondi Junction Centre open active frontage to Bronte Road.

2.1.4 Waverley Development Control Plan 2012 - Amendment No 4 (Waverley DCP 2012)

The relevant matters to be considered under the Waverley DCP 2012 for the proposed development are outlined below:

Table 2: Waverley DCP 2012 – Part B General Provisions Compliance Table

Development Control Compliance Comment 1. Waste A bin room is provided at the side of the development to be accessed by the right of way on the southern side of the site. A Waste Yes Management Plan has been submitted with the DA and appropriate conditions of consent will be imposed regarding waste disposal during construction and during occupation. 2. Energy and water BASIX does not apply to commercial buildings, conservation but an Energy Assessment Report is required under the DCP. The report appears to meet the Yes DCP requirements to reduce emissions and a condition of consent is recommended in this regard. 6. Stormwater The stormwater plans submitted with the application satisfy the requirements of the DCP Yes and the Water Management Technical Guidelines. 7. Accessibility and An access report was provided with the adaptability application which identifies non compliances which can be addressed through detailed Yes construction certificate drawings. The report notes that compliance with the relevant statutory requirements can be achieved. 8. Transport Similar to the existing building, no on-site parking Parking zone 1 has been provided for the development. The DCP Yes allows for nil parking for commercial and retail development within the commercial core, which is in parking zone 1.

Development Control Compliance Comment 9. Heritage This part of the DCP has controls for heritage items and heritage conservation areas, not for buildings adjoining heritage items. However, the Yes proposal has been assessed against the considerations of clause 5.10 of the LEP and it is considered that the proposal is sympathetic to the adjoining heritage listed hotel. 10. Safety The building is orientated to the street to allow for passive surveillance over Bronte Road. Secondary access is proposed down the right way Yes located along the southern boundary of the site and a security gate is noted on the plans for this area, as well as the use of CCTV.

Table 3: Waverley DCP 2012 – Part D1 Commercial and Retail Development Compliance Table

Development Control Compliance Comment 1.1 Design 1.1.1 Frontages Yes The front windows are open, providing an active frontage and have an appropriate proportion when considering the heritage items within the streetscape. The placement of a street number will be included as a condition of consent. A continuous awning is proposed along the street frontage. 1.1.2 Lighting Yes Under awning lighting is to be provided. 1.1.3 Amenity Yes The application does not propose internal fit out works and a separate DA will be required for such works. The applicant has indicated that the future tenant is likely to be the bank which currently occupies the site. It is recommended however to future proof the building that suitable provision be made for internal ventilation shaft to accommodate any food premises which may occupy one of the levels over the life of the building. 1.2 Noise  Air conditioning units Yes The air conditioning units are proposed on the and plant to be in an (by condition) roof of the development, and a condition will be acoustic enclosure imposed to ensure that these are suitably screened to attenuate noise and for aesthetic purposes. 1.3 Hours of operation General Base Trading Hours: N/A The proposal does not include fit out or Mon to Sat: 7am to 11pm operational details as these will be subject to Sun: 7am to 10pm future DA’s for prospective tenants of the Extended Hour Trials allowed building.

Table 4: Waverley DCP 2012 - Part E1 Bondi Junction Compliance Table

Development Control Compliance Comment 1.2 Urban form  2 storey shop front Yes The building has a two storey base with the top of facade on Oxford St and the parapet aligning with the Heritage Listed Tea Bronte Rd Gardens Hotel.  Tower to be setback The tower form is setback to align with the bulk from street edge of the Westfield building to the south in  Slender tower accordance with Council’s advice. 1.3 Building use  Ground floor retail uses Yes Bronte Road is a primary shopping street and the are required on Primary ground floor is nominated as a retail use. Shopping Streets.  First Floor to be Yes Floors 1 to 7 above ground are nominated for commercial use commercial and retail uses in accordance with the  Sites under 10m are to Yes zoning. have 70% frontage to be The whole frontage is open for interaction with open display area the street. 1.5 Heritage and buildings of historic character 1.5.2 Street with heritage Yes The proposed new building is built to the front and buildings of property boundary with balconies recessed. The historic character building has an appropriate relationship and proportionality to the adjoining heritage listed Tea Gardens Hotel. 1.6 Active street frontages Primary Shopping Street Yes The ground floor has an active frontage to frontage Bronte Road with the majority of the frontage open to the street for a future retail use. There are no blank walls to the street. The retails and commercial tenancies have a minimum depth of 10m. 1.7 Street alignment and front setbacks  2/3 block edge form to No The application proposes a 2/3 storey the street frontage proportioned street wall to align with the  Tower form setback 6m heritage listed hotel. The tower is setback 9m from the front to align with the Westfield’s Building to the south. This is discussed in the issues section below. 1.8 Separation  Avoid orientating No Windows are orientated to the front of the site buildings to side and there are side windows on the northern boundaries elevation  Side windows cannot be Yes The side windows are more than 8m from the located within 8m of the street frontage. frontage to ensure they cannot be seen from the street

Development Control Compliance Comment  6m distance separation No The tower form is built to the side and rear between ground and 5th boundaries of the site given the narrow width of level the site. Providing the setbacks nominated in the  12m separation between No DCP would make a tower unviable on the site. level 6 and above. This is discussed in the issues section below. 1.9 Side and rear boundary setbacks  Refer to separation No The tower is built to the side boundaries. This controls above matter is discussed in the issues section below.

1.10 Building footprint  Commercial block edge Yes The building footprint repeats that of the 100% sit coverage existing building with 100% site coverage which permitted if distance is considered an appropriate response to the separation controls are site. met.  Tower building forms are No The tower form has windows in the northern to be designed so that elevation to provide sufficient light and commercial space is no ventilation. Should the adjoining building re- more than 15m from a develop, this would be lost, however it is source of daylight. considered an acceptable response and still achieves the objectives of the controls. 1.11 Building orientation  Block edge to address Yes The block edge/podium addresses Bronte Road street with no blank walls facing the street.  No blank walls to public streets. 1.12 Number of storeys  16 storeys Yes The proposed building is 8 storeys, well within the 16 storey control. 1.13 View, vista and tree preservation  Retain vistas down Yes The proposed building will not interrupt any Bronte Road public views or vistas down the street. 1.14 Open spaces at the street front  Not encouraged for Yes Open space is not proposed at the front of the private buildings building. 1.15 Design excellence Yes The amended plans provided demonstrates a higher quality design than that originally proposed. 1.16 Building elevations  Must contribute to the Yes The front elevation has been designed to streetscape respond to the street in between the Tea  Provide openable Gardens Hotel and Westfield. This is discussed in windows detail in the section below.  Proportions of solid to open to match the building

Development Control Compliance Comment 1.17 Awnings and colonnades  Height range of 3.2m - Yes An awning is proposed at the front of the building 4.2m to join with the properties either side of the site  To step with topography to provide continuous weather protection. The  Provide lighting awning is measured to be 3.2m from the ground  Be consistent in level. Details of the resolution of the awning will appearance be requested as a condition of consent to ensure that it complements the adjoining hotel. 1.18 Public art in the private domain  Provide high quality No The application does not propose any public art artworks within a within the development. It will however be development in publicly requested as a condition of consent. accessible locations 1.19 Designing buildings for flexibility  Design building to adapt Yes The building contains the fire stairs, amenities, to other future uses and lift to the southern side of the building, to allow flexibility for future fit out of the remaining floors. 1.20 Ceiling heights Minimum floor to floor No The ground floor has a floor to ceiling height of heights: 4.1m with all levels above having 3.4m floor to  Ground floor: 4m floor heights, 100mm short of the control. The  First floor: 3.5m purpose of the controls is to ensure adequate  Above first floor, amenity, proportion and flexible use. Despite the commercial uses: 3.5m 100mm non-compliance, the floor to ceiling heights are acceptable. 1.22 Wind mitigation  Wind study required for Yes The original plans submitted with the DA was 5 over 5 storeys UNLESS a (by condition) storeys which would not require a wind report, wind tunnel study is the amended plans however propose an 8 storey required building. There is only one outdoor area atop the 1st floor which could be impacted by wind, therefore a wind report assessing the wind conditions of this deck area is required as a condition of consent. 1.23 Reflectivity  Mitigate reflective Yes A reflectivity report will be required as a condition surfaces to a maximum of consent. of 60% of facade surface area above ground level 1.24 Roller shutters  Prohibited on shopfronts Yes This matter can be addressed as a condition of consent.

The following is a detailed discussion of the issues identified in the compliance tables above in relation to the Waverley DCP 2012.

Setbacks

Front setback

The original scheme submitted to Council did not appropriately respond to the adjacent heritage item, the Tea Gardens Hotel, proposing a three storey street wall with a 2m setback between the street wall and tower which visually dominated the heritage item.

The scale of the street wall is important in ensuring that the adjoining heritage item is not overwhelmed by the new development and is cohesive with the streetscape. It was recommended that the proposed Bronte Road elevation (ie. the street wall) align with the datum of the existing parapet of the Tea Gardens Hotel, similar to that which was requested for recent additions to the Westfield building. The applicant has successfully done this, and responded to the horizontal proportions which are a feature of the surrounding heritage listed buildings within the vicinity.

With regard to the setback of the tower form, the DCP requires a setback of 6m from the street wall to the tower above and the original scheme was setback 2m setback behind the street wall which was contrary to the DCP, and an unacceptable streetscape outcome. The 6m setback control in the DCP is considered an arbitrary figure given the context of the site and it was recommended that the applicant setback the tower to align with the Westfield's Development, measured to be 9m from the front property boundary. The 3D render below demonstrates how the proposed building will respond to the buildings either side of the site.

Figure 4: 3D render of the proposed building showing relationship with the Tea Gardens Hotel and Westfield either side of the site.

To provide a 6m setback between the street wall and tower would result in an undesirable streetscape presentation when viewed from the southern end of Bronte Road, with a clumsy 3m wall reveal between the subject site and Westfield building. A variation to the DCP controls is therefore necessary in order to achieve the objectives of the controls and an acceptable streetscape presentation.

Side and rear setback

The DCP has controls for side and rear setbacks which seek to provide amenity and liveability for new buildings, to protect amenity of existing buildings and to facilitate privacy, light and air between buildings.

The proposed development does not comply with the various setback and distance separation controls in the DCP given it is a small infill site with existing buildings either side which render strict compliance with the setback controls unviable. To the south, the Westfield development is built to the side and rear boundary with no openings, therefore there is no sense in creating a setback to these boundaries. Similarly, the adjoining Tea Gardens Hotel to the north will be constrained with regard to the size of the site and will have similar merit considerations to those applied to this site. In the circumstances of this case, compliance with the distance separation controls is unachievable and would stifle the orderly development of this site.

Windows are proposed on the northern elevation, however a condition of consent will be imposed which would require those windows to be blocked up should the adjoining site wish to redevelop to the boundary. In the interim whilst there is no adjoining development, it is a far better outcome to provide a punctured façade with windows, rather than a continuation of the blank façade treatment that the Westfield building has on similar prominent elevations.

Overall, the proposed building is considered an appropriate infill building which responds to the constraints of its small area in between the massing of the Westfield development and the heritage listed Tea Gardens Hotel.

Design Excellence

The original proposal submitted to Council did not achieve design excellence. The proportion and scale of the openings on the front elevation were a poor design resolution for the site and related poorly to the visual context of the streetscape. In addition, the photomontage provided did not illustrate high quality design and finishes for the building.

In response to this, the architect has proposed an amended scheme, adjusting the proportions of the podium base and tower form to better address the adjoining buildings, which were discussed above.

Timber look vertical screens are proposed to align with the height of the main extent of the heritage Tea Gardens Hotel building, which when seen at an angle reads as solid wall as per the 3D sketch in figure 4, but when viewed straight (see front elevation) reveals a glazed window behind.

The tower form has been adjusted to a stronger architectural expression with articulated and angled pop out windows, to provide a distinction to the Westfield building and the street wall below. The punched out windows to the northern elevation will provide visual interest to the façade to contribute to the aesthetic of the street until such time as the Tea Gardens Hotel is developed (if at all).

With regard to finishes, the architect notes that:

“The side walls of the angled bays and parapet over form a frame around the angled bays, the sides of the frame reinforce the strong verticality of the building as it wraps around the 6 storey volume of window bays. The rendered frame and side walls will be a silver grey colour, with the bay windows surrounds being white, trim details such as the windows will be dark grey. A number of rendered lines will be used in the building to provide a fine grain detail on the facades (as well as provide construction joints)”

Council’s Urban Design Team have reviewed the proposal and are unconvinced that the level of detail provided for the finishes of the building will result in a high quality building, therefore a condition is recommended which requires further details of material and finishes to ensure that the final product reflects the design excellence that has been conveyed within the plans. Subject to conditions of consent, it is considered that the proposed building is of an acceptable design quality to satisfy the objectives of the Design Excellence controls.

2.2 Section 79C(1)(b) – Other Impacts of the Development

The proposed development is capable of complying with the BCA.

It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.

2.3 Section 79C(1)(c) – Suitability of the Site for the Development

The site is considered to be suitable for the proposed development.

2.4 Section 79C(1)(d) – Any Submissions

The original plans and amended plans submitted with this application were notified for 14 days and a site notice erected on the site, in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development.

Two submissions were received to the original application and one submission was raised regarding the amended proposal. The issues raised both submissions are summarised and discussed below.

Table 1: Summary of property addresses that lodged a submission

Property Ingham Planning on behalf of Westfield's 4a Bronte Road (Tea Gardens Hotel)

Issue: No objection to the proposal, but a request that a condition be imposed to ensure that the right of way on Westfield land beside the property remains clear and accessible during construction. This is important as it is a fire egress route from the shopping centre to the street.

Response: This matter has been addressed as a condition of consent. However, the term of the right of way over the land are not overridden or modified by this development consent.

Issue: Concerns regarding windows on northern boundary

Response: A standard condition is imposed which will require the windows on the northern boundary to be blocked up, should the owner of the Tea Gardens Hotel wish to develop their site to extend to that common boundary.

Issue: Privacy and acoustic issues from northern boundary windows

Response: The windows on the northern elevation will facilitate light into the building and are non- openable and fire rated. It is not expected that there will be any visual or privacy impacts to the adjoining Tea Gardens Hotel given the nature, size and location of those windows.

Issue: Concerns regarding roof overhanging the boundary

Response: No portion of the development is permitted to overhang the side or rear boundaries of the site without that owners consent. A condition of consent is imposed in this regard.

2.5 Section 79C(1)(e) – Public Interest

It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being imposed.

3. REFERRALS

3.1 Heritage and Urban Design- Shaping Waverley

The following commentary was provided regarding the plans provided in the original DA are below;

 The design appears unresolved and does not fulfil the Design Excellence clause (Part E 1.15) of the Waverley DCP. The supplied materials and finishes schedule does not provide sufficient information to make a thorough assessment.  The proportion and scale of the built form is poorly resolved. There is little architectural resolution in the proposal, it presents as a filled in building envelope, responding to planning controls rather than the site analysis.  The elevational detail, window details and finishes should provide some diversity and interest at street level. Windows should be detailed as focal points to the street. External shading devices and window form should be reconsidered to create a strong building elevation for Bronte Road and Spring Street. The proposed geometry of the windows appears unconsidered. It is recommended that the Bronte Road façade is further articulated to create high quality built form in the centre of Bondi Junction. The proposal must also take into account the approved development application of the Bronte Road façade of Westfield.  The front setback of the upper levels should be increase to align with the neighbouring Westfield tower.  The internal circulation of the building is not an ideal design solution for the site. The 4m unenclosed entry point will become unsafe at night and may attract homeless people. Reconsider internal circulation to promote people using the stairs rather than the lift.  The courtyard space at the rear of the site appears to be an awkward space and is only available to tenants on level one. A communal and accessible rooftop garden should be incorporated into the design.

 Consider activation of the neighbouring laneway through visual and physical connections to the retail spaces. Incorporate public art into the laneway to provide points of interest and colour into the streetscape.  The awning should be continuous and meet the neighbouring Westfield awning.

The amended plans address most of the above issues raised by Council’s Urban Design Team and their comments are summarised below.

 The resolution of the podium is good. It is recommended that the depth of the window reveals on the Western Elevation be increased or provide external shading devices.

 Materials and finishes should be of a high quality. The rendered and white paint finish should be replaced with a high quality light grey or white cladding. Equitone is available in a series of colours which would be more suitable. A sample of the cladding should be given to the development assessment team prior to approval. Activation to the ground floor laneway would be great for the streetscape and public.

Some of these matters can be addressed by conditions of consent, relating to materials and finishes and the provision of public art to the right of way on the southern boundary of the site. It should be noted that this is not a public laneway, but egress for the Westfield building and the subject site.

3.2 Waste Management - Sustainable Waverley

According to the amended Site Waste and Recycling Management Plan (SWRMP) dated 12/07/2016 submitted by the applicant, the required volume for waste and recycling bins is slightly below expected waste and recycling generation rates based on Waverley Council Development Control Plan (DCP) 2012. The minimum number of bins required for the 8-storey development has been included in the recommended Conditions of Consent, which are calculated assuming one floor is occupied by a retail tenant and seven floors are occupied by office tenants.

The applicant will need to ensure that all waste storage and compartment rooms are built to meet all appropriate design requirements set in Part B, Section 1.2.1, Section 1.2.3 and Section 1.2.4 of Waverley Council Development Control Plan 2012. Sufficient space is required on-site for the storage of reusable items such as crates and pallets. The storage of these items on the kerbside and public land is not permitted at any time.

Council understands that the bin storage room is enclosed and accessed from the street, however, details regarding how the bins will be transported from each floor to the bin storage room is required. It is recommended that a contractor is obtained for this purpose to ensure that bins are stored inside the property as required by the Waverley Council DCP 2012.

Council has a desired outcome to de-clutter its urban environment and improve local amenity by limiting kerbside presentation of mobile garbage bins. A condition of consent is recommended to ensure bins are not stored inappropriately on public land for extended periods. It is recommended that the applicant commission a contractor or property manager to ensure that this desired outcomes is met.

3.3 Green Infrastructure – Sustainable Waverley

The Energy Assessment Report was received and reviewed. The report appears to meet the requirements upon preliminary review. The recommendation is to impose a Construction Certificate

condition for the report to be reviewed in conjunction with other CC documentation prior to CC granting.

This will give the applicant the opportunity to further develop construction certificate plans including mechanical and electrical documentation that must incorporate the recommendations of the Energy Assessment Report.

3.4 Stormwater – Creating Waverley

The submitted stormwater plans prepared by Loka Consulting Engineers Pty Ltd, Job number 16NL032, drawing no D00, D01, D04 and D05, Revision C, dated 27 July 2016 have been checked and considered satisfactory with respect to stormwater details.

3.5 Traffic Management – Creating Waverley

The plans for the development were been examined and the application is recommended for approval subject to the conditions.

4. SUMMARY

The application proposes a replacement building to the existing single storey National Australia Bank (NAB) building located between the Tea Gardens Hotel and the Westfield shopping centre at 6-8 Bronte Road. The replacement building is proposed at 8 storeys and is to contain retail and commercial uses. Residential accommodation is prohibited in the zone.

The proposal complies with the maximum development controls permitted for the site, well within the 8:1 and 60m FSR and height limits. Given the small size of the site, many of the setback controls in the DCP cannot be met, therefore a context based assessment was necessary for the site, and in turn variations to those controls are needed to result in a better streetscape outcome for the site.

The proposal has been amended to respond to Council’s recommendations and the street wall now is appropriate in scale to the adjoining heritage listed Tea Gardens Hotel and tower is setback to align with the main wall of the Westfield building to the south.

The façade of the building is well articulated with vertical timber look battening to the street wall to reflect the rhythm of the heritage listed buildings in the street and the tower form provides an interesting and articulated façade to positively contribute to the streetscape. The materiality and quality of the final finishes of the building is something that remains to be resolved by condition.

The submissions received from the adjoining properties either side of the site have either been resolved by the amended plans, or conditions of consent and any remaining issues were not considered to have sufficient planning merit to warrant refusal or further amendment to the proposal. The scheme is considered to be satisfactorily resolved and can achieve the design excellence objectives of the DCP.

5. RECOMMENDATION TO WAVERLEY DEVELOPMENT ASSESSMENT PANEL

That the Development Application be APPROVED by the Waverley Development Assessment Panel subject to the Conditions in Appendix A:

Report prepared by: Application reviewed and agreed on behalf of the Development and Building Unit by:

Beth Matlawski Lee Kosnetter Manager, Development Senior Development Assessment Planner Assessment (South)

Date: 12/10/16 Date: 14/10/16

APPENDIX A – CONDITIONS OF CONSENT

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

The development must be in accordance with:

(a) Architectural Plan Nos (Job Ref: 13092) DA01 to DA14, DA16, DA17, DA20 prepared by Giles Tribe Architects, dated 12 July 2016 and received by Council on date 14 July 2016;

(b) Stormwater Details and documentation prepared by Loka Consulting Engineers Pty Ltd, Job number 16NL032, drawing no D00, D01, D04 and D05, Revision C, dated 27 July 2016 and received by Council on 29 July 2016;

(c) BCA Report prepared by Michael Wynn-Jones and Associates dated 25 July 2016 and received by Council on 29 July 2016;

(d) Access Review prepared by Morris Goding Accessibility Consulting (MGAC), dated 21 July 2016 and received by Council on 29 July 2016;

(e) Energy Efficient Report, prepared by Team Catalyst, dated 12 August 2016 and received by Council on 18 August 2016;

(f) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part B, Waverley DCP 2012.

Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS

The proposal shall be amended as follows:

(a) Details of the proposed awning are to be provided to Council for assessment to ensure that it integrates with the height and detailing of the awnings either side of the site. The plans are to accurately show the relationship of the awning with the adjoining awnings.

(b) The pergola type structure proposed on the deck on the level 2 plan is to be deleted from the plans, as insufficient details have been provided and it does not appear to be architecturally integrated into the design of the building.

The amendments are to be approved by Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

3. REFLECTIVITY REPORT

In accordance with Part E1 - Clause 1.23, a reflectivity report is to be submitted to which addresses the following controls;

(a) To minimise potential impact on pedestrians and occupants of neighbouring buildings all panels and elements on vertical façades are to have a maximum specular reflectivity of visible light from normal angles of incidence of 20%. Any surface inclined by more than 20 degrees to the vertical (inclined glass awnings or cladding on inclined roofs) are to have a maximum specular reflectivity of visible light from normal angles of incidence of 10%.

(b) Reflected solar glare on drivers should not exceed 500 candelas / m2. A candela is the base unit for measuring the intensity of luminance under the International System of Units (SI).

The reflectivity report is to be submitted to Council for approval prior to the issue of a Construction Certificate.

4. WIND REPORT

In accordance with Clause 1.22 or Part E1 of the Waverley Development Control Plan 2012, the proposed building shall not create uncomfortable or unsafe wind conditions in the public domain which exceeds the Acceptable Criteria for Environmental Wind Conditions.

In this regard, a wind report (Wind Environment Statement) is to be provided which assesses the impacts of wind conditions surrounding the site as a result of the proposal and include recommendations to address any potential issues.

The wind report and amended plans incorporating any recommended wind mitigating measures is to be provided for the approval of Council prior to the issue of any Construction Certificate for the development.

5. MATERIALS AND FINISHES

Prior to the issue of any Construction Certificate further details of the materiality and finish of the design is to be submitted and endorsed by Council which address the following matters:

(a) A schedule of external materials and finishes and design details of the building’s facade. There is a need for a material in the external façade that is not dependant on too frequent maintenance / painted finishes. In this regard, the rendered and paint finish is not supported. All materials must be of high quality and durability.

(b) Design detail for the large north facing boundary wall. Cladding details to be finished in an appropriate pattern that provides an interesting aesthetic for the streetscape.

(c) Detailed section drawings of the north facing and west facing windows. West facing window drawings must include appropriate details for operable windows, resolution of shading devices, glass specification and dripline details. West facing windows on the tower element should include a minimum 300mm reveal.

The amendments shall be submitted to the approval of Council’s Urban Design Team in Shaping Waverley prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

6. SIGNAGE

The following shall apply to any future signage for the site;

(a) The use of flashing lights, flashing illuminated signs and the like is prohibited. (b) No advertising signs or notices are to be affixed to the windows of the premises. (a) Portable signs or goods for sale or display must not be placed on the footway or other public areas, without the prior approval of Council. (b) Signage is to be erected/supported in a secure manner for safety purposes; (c) Signage, must not be installed in a manner which would cause irreversible damage to the building; and, (d) Shall be a minimum of 2.6m above the footpath level and be offset a minimum of 600mm behind the kerb.

7. INSTALLATION OF AIR CONDITIONING

Air conditioning unit(s) installed within the building shall:

(a) Be located a minimum of 1.5 metres from a boundary.

(b) Be located behind the front building line and be suitably screened.

(d) Not reduce the structural integrity of the building.

(e) Not emit noise that is audible within a habitable room in any other residential property (regardless of whether any door or window to that room is open):

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or (ii) before 7.00am and after 10.00pm on any other day.

(f) Not provide noise emissions that exceed 5dBA above the ambient background noise level measured at the property boundary at any other time outside of (e).

8. RIGHT OF WAY

At no point is the applicant to obstruct the right of way which is located to the south of the site and the terms of that are to be complied with at all times.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

9. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following:

(a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:

(1) Where the total development cost is less than $500,000:

"Waverley Council Cost Summary Report"; or,

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

A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

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

(c) Should a section 96 modification result in any change to the total cost of the work, the Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre.

Advisory Note

- A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the development.

10. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $250,000 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work.

This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

11. LONG SERVICE LEVY

A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate.

Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

12. NO BUILDING OR DEMOLITION WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

The building work, or demolition work, must not be commenced until:

(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, ; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days’ notice in writing of the intention to commence the building works.

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

13. ESSENTIAL SERVICES - NEW BUILDING

Details of the proposed essential fire safety measures/services shall be submitted to Council with the application for a Construction Certificate or be attached to the Construction Certificate, including a certificate, prepared by a person competent to do so, setting out the:

(a) basis of design;

(b) standard to which the system is to be installed; and

(c) all relevant documentation, including all drawings such as wiring diagrams, duct layouts, hydraulic schematics etc and calculations shall be submitted for Council's records.

At the completion of the installation, certification containing the following information shall be attached to the application for an Occupation Certificate or to the Occupation Certificate:

(a) inspection, testing and commissioning details;

(b) date of inspection, testing and commissioning;

(c) the name and address of the individual who carried out the test; and

(d) a statement that the service has been designed, installed and is capable of operating to the above standard.

14. BOUNDARY WINDOWS

All windows adjacent to the northern boundary of the site must be sealed, bricked up or otherwise enclosed, prior to the construction of any building immediately abutting, adjoining or adjacent to such windows. The owner and future owner(s) are to acknowledge that these windows are approved on the basis that the future development of adjoining sites may fully or partially obscure these windows. A covenant to the approval of Council is to be placed on the title of the property to this effect and acknowledging the basis of approval of these windows. Evidence of the creation of the covenant is to be submitted prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

(a) 15. SERVICE AUTHORITIES

The applicant is to seek approval from the relevant service authorities regarding any possible modification to the service authorities’ infrastructure prior to the issue of a Construction Certificate.

15. PROVISION FOR SHAFT FOR FUTURE FOOD PREMISES

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

16. WAVERLEY DIGITAL MODEL

Prior to the issue of an Occupation Certificate an accurate 'as built' digital model of the building must be submitted to Council's Planning and Environmental Services Department for use in the Waverley Digital Model.

(a) A digital model of the building must be generated at a scale of 1:1 with units of measurement in metres and include the following: (i) a building envelope which includes all elements affecting shadow analysis; (ii) accurate placement of glazing, balconies, roof pitches, terraces, roof services and any other prominent external design features; (iii) a ground level terrain showing accurate RLs extending to site boundaries.

(b) All models must be generated in accordance with Council's Guidelines: Submitting Digital 3D Models. Further information and technical requirements can be obtained from Council's E- Planning (3D Modelling) Officer, Planning and Environmental Services Department.

Notes:  This model will update previous version/s submitted at Development Application stage.  Any future modifications (under Section 96 of the Environmental Planning and Assessment Act) that affect the external configuration of the building (from the ground level and up), will require the submitted model to be amended.

17. PUBLIC ART

Public Art shall be incorporated into the new development and it is recommended that this be provided on the southern wall to improve the aesthetic of the ‘right of way’ at pedestrian scale

Specific details and design of the proposed public art feature shall comply with 'Public Art in the Private Domain Guidelines' which can be viewed on Council's website and by liaising with Council's Cultural Development Officer.

Details to be provided to the satisfaction of Waverley Council prior to the issue of the relevant Construction Certificate for the development.

18. HOARDING REQUIRED

A standard B-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate.

Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

19. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

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

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

20. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Waverley DCP 2012 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.

The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

21. EROSION, SEDIMENT AND POLLUTION CONTROL

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

22. CONSTRUCTION VEHICLE AND PEDESTRIAN PLAN OF MANAGEMENT

Prior to the issue of a Construction Certificate, the applicant shall submit a “Construction Vehicle and Pedestrian Plan of Management” (CVPPM) for the approval of the Executive Manager, Creating Waverley

The CVPPM shall provide, but not be limited to, details of the following:

a. The proposed route to be taken by demolition/construction vehicles in the Council area when accessing and exiting the site. b. The type, size and number of demolition/construction vehicles for each of the separate phases of the development. Trucks with dog trailers and semi-trailers may not be approved for use if it is considered with the information provided that:  such vehicles cannot adequately and safely gain access to and from the site or  access into or out of the site may not be not possible without the need to remove an unsatisfactory number of vehicles parked on the roadway adjacent to or opposite the site. c. The location of truck holding areas remote from the site should Council not give approval for demolition/construction vehicles to stand on the roadway in the vicinity of the site. d. Traffic control measures to be put in place when trucks, manoeuvring in the vicinity of the site, will interfere with the free flow of traffic. e. The location and materials of construction of temporary driveways providing access into and out of the site. f. The location and length of any proposed Works/Construction Zones. Note:  Works/Construction zones require the approval of the Waverley Traffic Committee and Council prior to installation.  It is illegal to: i. Park a vehicle exceeding 4.5 tonnes on a roadway for more than one (1) hour unless signs are installed to the contrary ii. Barricade/reserve a section of roadway without the prior approval of Council g. The hours of operation of demolition/construction vehicles. h. The number of and where it is proposed to park light vehicles associated with staff/employees/contractors working on the site. i. How it is proposed to cater for the safe passage of pedestrians past the site. The details shall include:  The route required to be taken by pedestrians including signage and any other control measures that will need to be put in place to direct and keep pedestrians on the required route  Any obstructions such as street furniture, trees and bollards etc., that may interfere with the safe passage of pedestrians  The type(s) of material on which pedestrians will be required to walk  The width of the pathway on the route  The location and type of proposed hoardings  The location of existing street lighting j. Any bus zones, taxi zones etc., that may be affected/require temporary relocation as a result of development works.

NOTE: PRIOR TO THE PREPARATION OF THE CVPPM, the applicant or his or her representative shall:  Make contact with Council’s Senior Traffic Engineer to discuss information required at (a) to (j) above.  Make contact with the operators of bus and taxi services whose zones may be affected/require temporary relocation as a result of development works  Be aware that the full length of Oxford Street may not be approved as a route for trucks when travelling to or from the site  Be aware swept wheel path drawings, prepared by a suitably qualified and experienced traffic engineering consultant, may need to be submitted to Council for all truck movements that are to take place within the Council area prior to an approval being issued for the CVPPM.

Be aware of and take into account the cumulative effect that truck movement from the development site and other development sites in the vicinity that are either under construction or have development approval will have on roads leading to and from the site.

23. STORMWATER MANAGEMENT

Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2012 - Part B prior to the issue of a Construction Certificate.

24. ENGINEERING DETAILS

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

25. ENERGY DEMAND AND GREENHOUSE GAS EMISSIONS

In accordance with Part B2 -Clause 5.2 of the Waverley Development Control Plan, any mixed use development with cost of works of more than $3 million, must provide an Energy Assessment Report which recommends design solutions to reduce the predicated operational energy demand and greenhouse gas emissions of the proposed development by 30% less than a reference building (ie. BCA, Section J compliant only).

The construction certificate plans are to incorporate the recommendations of the approved Energy Assessment Report. Any modifications required to respond to the approved Energy Assessment Report which are not consistent with the approved plans will require the submission of a Section 96 Modification Application.

The ‘Energy Assessment Report’ developed by Team Catalyst is to be provided to the satisfaction of Council's Co-ordinator, Sustainable Energy prior to the issue of a construction certificate. Further clarifications on report requirements can be sought from Council's Co-ordinator, Sustainable Energy.

26. LANDSCAPED SLABS

Details shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate indicating the proposed method of water-proofing and drainage of the concrete slabs over which landscaping is proposed.

27. AMENDED LANDSCAPE PLAN

An amended landscape plan is to be provided to Council with species that are appropriate for the site conditions and in keeping with the desired aesthetic of the Bondi Junction Centre. The applicant is to consult with Council’s Landscape Architect, Creating Waverley in this regard.

The amended landscape plan is to be submitted for the approval of Council prior to the issue of a Construction Certificate.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

28. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of:

(a) the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or

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

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

29. CONSTRUCTION SIGNS

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

30. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then:

(a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and

(c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided.

31. TOILET FACILITIES

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

32. NO USE OF ORGANOCHLORIN PESTICIDES

The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

33. DILAPIDATION REPORTS

Dilapidation surveys must be conducted and dilapidation reports prepared by a practising professional engineer (structural) of all buildings, (both internal and external), including ancillary structures located on land adjoining the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. The survey must identify which properties are within the likely 'zone of influence'.

These properties must include (but are not limited to) the Tea Gardens Hotel at 2 Bronte Road and any others identified to be in the zone of influence in the Dilapidation Survey.

The dilapidation reports must be completed and submitted to Council and the Principal Certifying Authority with or prior to the Notice of Commencement and prior to the commencement of any development work. The adjoining building owner(s) must be given a copy of the dilapidation report for their building(s) prior to the commencement of any work.

Please note the following:

(a) The dilapidation report will be made available to affected property owners on request and may be used by them in the event of a dispute relating to damage allegedly due to the carrying out of the development.

(b) This condition cannot prevent neighbouring buildings being damaged by the carrying out of the development.

(c) Council will not be held responsible for any damage which may be caused to adjoining buildings as a consequence of the development being carried out.

(d) Council will not become directly involved in disputes between the Developer, its contractors and the owners of neighbouring buildings.

(e) In the event that access for undertaking the dilapidation survey is denied the applicant is to demonstrate in writing to the satisfaction of the Council that all reasonable steps were taken to obtain access to the adjoining property. The dilapidation report will need to be based on a survey of what can be observed externally.

34. CARE TO BE TAKEN DURING CONSTRUCTION

The proposed works are to be carried out in a manner that does not damage the significant fabric of the adjoining Tea Gardens Hotel which is listed as a Heritage Item.

35. CONTAMINATING MATERIAL REQUIRED TO BE REMOVED

The following requirements apply to demolition and construction works on site:

(a) Hazardous dust is not to be allowed to escape from the site. The use of fine mesh dust proof screens or other measures are recommended. Any existing accumulations of dust (eg: ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particle air (HEPA) filter. All dusty surfaces and dust created from work are to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries.

(b) All contractors and employees directly involved in the removal of hazardous dusts and substances are to wear protective equipment conforming to Australian Standard AS1716 Respiratory Protective Devices. They shall also adopt work practices in accordance with the requirements of Safe Work Australia's National Standard for the Control of Inorganic Lead at Work (NOHSC: 1012 (1994) and NOHSC: 2015(1994).

(c) All lead-contaminated materials being disposed of in accordance with the NSW Environment Protection Authority (EPA) Waste Classification Guidelines 2009 and the Protection of the Environment Operations Act 1997 (NSW).

36. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS 2601-2001, Demolition of Structure and a Hazardous Materials Assessment prepared by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:

(a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice on how to safely remove asbestos published by WorkCover NSW (catalogue WC03561) (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

37. DEMOLITION & SITE PREPARATION

Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the NSW Environment Protection Authority (EPA), and with the provisions of:

(a) Work Health & Safety Act 2011; (b) Work Health & Safety Regulation 2011; (c) Protection of the Environment Operations Act 1997 (NSW) and (d) NSW EPA Waste Classification Guidelines 2009.

38. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

All site works complying with the occupational health and safety requirements of WorkCover NSW.

39. SOIL AND WATER MANAGEMENT PLAN

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

40. BUILDING TO BE WRAPPED

The applicant is encouraged to investigate possibilities of extracting an image of the completed building onto the hoarding and mesh surrounding the site during the demolition and construction stages of the development to minimise the visual intrusion of what is otherwise a large single coloured mesh 'block' during this time. Any advertising on the hoarding requires Council's written approval.

41. STOCKPILES

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

42. LOCATION OF BUILDING OPERATIONS

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

43. TEMPORARY DIVERSION OF ROOF WATERS

Stormwater from roof areas shall be linked via a temporary downpipe to Council's stormwater system immediately after completion of the roof area. Inspection of the building frame will not occur until this is completed.

44. ALL BUILDING MATERIALS STORED ON SITE

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

45. CONSTRUCTION HOURS

Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends; and

(b) Sundays and public holidays

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

46. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

47. BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION ACT) - INSPECTIONS (COMMERCIAL CLASS 5, 6, 7, 8 AND 9)

The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification.

MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate.

The specified MANDATORY inspections are:

In the case of a Class 5, 6, 7, 8 or 9 building: (a) at the commencement of the building work; (b) prior to covering any stormwater drainage connections; and (c) after the building work has been completed and prior to any Occupation Certificate being issued in relation to the building.

The following additional inspections are required to be undertaken by the PCA:

(a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams and columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls); and

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

48. CERTIFICATE OF SURVEY - LEVELS

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

49. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING

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

50. CONTROL OF LEGIONNAIRES DISEASE

(a) All cooling towers and warm water systems must be operated and maintained in accordance with AS/NZS 3666 2011, the Public Health Act 2010, Public Health Regulation 2012 and NSW Health Code of Practice for the Control of Legionnaires Disease.

(b) The occupier of the building must register and provide particulars of any water cooling, and warm- water systems as required under the provisions of the Public Health Act, 2010 and Regulation. Registration forms are available from Council.

51. ENCROACH BEYOND THE BOUNDARIES

No portion of the building including the footings and roof eaves, to encroach beyond the boundaries of the subject property.

52. WATER PROOFING

The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier.

Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

53. HOT TAP WATER SCALDING

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

54. TREATMENT OF BOUNDARY WALLS

The boundary walls to the sides and rear are to be finished to a minimum standard being properly painted and finished to an acceptable standard.

55. SANITARY FACILITIES - COMMERCIAL DEVELOPMENTS

Adequate provision for sanitary facilities in accordance with Part F of the Building Code of Australia must be made for the future use of commercial tenancies. Where adequate sanitary facilities are not provided, future uses may not be approved.

56. ASBESTOS REMOVAL

(a) All demolition works involving the removal and disposal of asbestos must only be undertaken by contractors who hold a current WorkCover NSW Friable Class A Asbestos Removal Licence or where applicable a Non-friable Class B (bonded) Asbestos Removal Licence. Removal must be carried out in accordance with the "Code of Practice on how to safely remove asbestos" published by WorkCover NSW (catalogue no.WC03561) and Waverley's Asbestos Policy.

(b) All adjoining properties and those opposite the development must be notified in writing of the dates and times when asbestos removal is to be conducted. The notification is to identify the

licensed asbestos removal contractor and include a contact person for the site together with telephone and email address.

(c) No asbestos products are to be reused on site.

(d) Standard commercially manufactured signs containing the words "DANGER ASBESTOS REMOVAL IN PROGRESS" measuring not less than 400m x 300mm are to be erected in prominent visible positions on the site during asbestos removal works.

(e) No asbestos laden skips or bins are to be left in any public place without the approval of Council.

57. STREETSCAPE WORKS - BONDI JUNCTION

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

All footpath upgrades and public domain works are to be completed to the agreed design and standard for the satisfaction of the Executive Manager, Creating Waverley prior to the issue of an Occupation Certificate.

If any defects are found in the public domain works completed by the applicant/developer within 12 months from the date of the any occupation certificate, these must be rectified by the applicant/developer to Council's satisfaction.

58. BRONTE ROAD FRONTAGE - FINISHED LEVELS

Paving within the site on the Bronte Road frontage at pedestrian access points shall be finished level with the Council’s footpath.

59. WORK OUTSIDE PROPERTY BOUNDARY

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

60. DEMOLITION AND CONSTRUCTION WASTE MANAGEMENT

The applicant must ensure that the waste generated during the demolition and construction phase complies with the following;

(a) Separate collection bins or areas for the storage of waste is to be provided (giving consideration to slope, drainage, vegetation, access and handling requirements including:

(i) Landfill waste; (ii) Recyclable waste; (iii) Materials to be re-used on-site; and / or (iv) Excavation materials.

See Annexure B1-1 of the Waverley DCP for common building materials re-use and recycling potential.

(b) A 100% re-use of sandstone is required.

(c) All storage areas/ containers are to be located within the property boundary and indicated on the site plans / drawings as part of the SWRMP.

(d) Where space on a development is limited, approval may be granted by Council to place a skip on a footpath or other public area in line with Part B of Waverley DCP 2012.

(e) Waste and recycling containers/skips may only be provided by persons/companies holding a current permit granted by Council.

(f) Asbestos and other hazardous material is to be managed under the Protection of the Environment Operations Act. For further information go to Councils Asbestos Policy 2005 and www.nsw.gov.au/fibro and www.workcover.nsw.gov.au.

(g) Materials that cannot be reused or recycled should be disposed of at an ‘approved’ landfill and specified in the SWRMP.

(h) Records are to be retained on-site demonstrating lawful disposal of waste.

(i) Easy vehicular access to waste and recycling material storage areas must be provided.

(j) Construction materials are to be stored away from waste and recycling materials to enable easy access for waste collectors.

(k) All waste and recycling is to be is to be stored to prevent damage by the elements, odour, health risks and windborne litter.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

61. SYDNEY WATER

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website www.sydneywater.com.au\customer\urban\index or telephone 13 20 92.

Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the subdivision plan/occupation of the development.

62. FINAL OCCUPATION CERTIFICATE

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

63. STRATA SUBDIVISION

This application does not grant consent for strata subdivision of the development. A separate application will be required.

64. STORMWATER MANAGEMENT

Prior to issuance of occupation certificate, certification is to be provided from a suitably qualified hydraulics engineer, that the stormwater system has been constructed in accordance with the approved stormwater management plans and to best engineering practice.

65. PUBLIC DOMAIN WORKS COMPLETED

All footpath upgrades and public domain works are to be completed to the agreed design and standard for the satisfaction of the Executive Manager, Creating Waverley prior to the issue of an Occupation Certificate.

66. SLIP TESTS OF COMMON AREAS

Common area tiles should not have slippery finishes. Slip tests should be undertaken in wet conditions.

67. WASTE AND RECYCLING STORAGE AND COLLECTION - USE

(a) The proposal must have a bin storage point for a minimum;

 Commercial  6 x 240L Mobile Garbage Bins (MGBs) for general waste,  6 x 240L MGBs for comingled recycling

(b) All waste and recycling storage rooms must be built to meet all appropriate design requirements set in Part B, Section 1.2.1, Section 1.2.3 and Section 1.2.4 of Waverley Council Development Control Plan 2012. This includes kitchens, office tea rooms, etc.

(c) A waste service compartment (waste and recycling area) is to be provided on each floor of the building, and have sufficient capacity to store least 1 day’s volume of waste and recycling.

(d) Sufficient space must be allocated on-site for the storage of reusable items such as crates and pallets. The storage of these items on the kerbside and public land is not permitted at any time.

(e) Noise and odour generated from the commercial component of the development must not impact on adjoining properties.

(f) All businesses at this development must have written evidence, held on-site, of a valid and current contract with a licensed collector of waste and recycling.

(g) All new developments are to provide adequate storage for waste to accommodate future change of uses.

(h) Responsibilities for transporting bins from the storage points to the nominated collection area, cleaning of waste receptacles, presentation of bins, cleaning of storage areas, etc, must be outlined in contracts with the building manager, cleaners and tenants.

(i) Clear and easy signs identifying the different MGB and where the MGBs should be stored in the storage area(s) must be displayed.

(j) All waste and recycling receptacles must be removed from the kerb-side or laneway as soon as possible on the same day as the collection service.

The above matters are to be shown in the Construction Certificate drawings and submitted to the satisfaction of Council's Sustainable Waverley staff prior to the issue of a Construction Certificate.

68. MECHANICAL EXHAUST MAINTENANCE

A maintenance program is to be implemented for the mechanical exhaust ventilation system that includes the cleaning of the entire system from the hood to the top of the flue at the discharge point at six (6) monthly intervals.

69. KITCHEN EXHAUST SYSTEM - COOKING APPLIANCES

A kitchen exhaust system is to be installed if the cooking appliances to be exhausted have a total maximum power input exceeding 8kW for electrical, or a total gas input of 29MJ/h for a gas appliance. The system is to be designed in accordance with Clause F4.12 of the Building Code of Australia and Australian Standard AS1668 Parts 1 and 2.

70. FOOD PREMISES

The following requirements apply to premises that commercially provide food:

(a) The premises must comply with the Food Act, 2003 and the Food Standards Code there under;

(b) The applicant must arrange for an inspection by Council's Environmental Health Officer Surveyor prior to Occupation;

(c) Notification of the businesses Food Safety Supervisor must be provided prior to operation.

(d) The premises are to be registered with Council prior to the issue of the Occupation Certificate;

(e) The premises must be constructed in accordance with the requirements of Council's "Policy for fit- out and construction of food premises". Copies of the policy can be purchased at Council's Customer Service Centre; and

(f) The proprietor must pay any fees incurred by the carrying out of food safety inspections as determined by Council's Pricing Policy, Fees and Charges.

Note: The premises are to use healthier oils such as mono or polysaturated oil to shallow and/or deep fry foods that are prepared, served, available and marketed to customers. This will assist in decreasing the availability of foods prepared for sale that contain high levels of saturated and trans fats.

71. ALLOCATION OF STREET NUMBER

The redevelopment of the property has led to the following allocation of premises numbers: . No. 6 Bronte Road for the building (primary address);

The primary address number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts Bronte Road.

. As the redevelopment has multi level sub-addressing the following sub addressing will apply;

 Sub-address numbers shall be applied in a logical sequence and within a primary address site shall be unique regardless of the type of the address,

 Commercial premises will be identified with an address type such as Shop or Office etc.

The primary address number and sub-address numbers are to be positioned on the site and Council notified of the corresponding sub-address numbers to lot number or levels prior to the issue of the Occupation Certificate. Any variation to the above premises numbering requires a new application to be lodged with Council.

72. BONDI JUNCTION FSR AND MAPPING MODEL

In order to update Council's live floor space model and mapping system, prior the issue of a Final Occupation Certificate the following information is to be provided to the satisfaction of Council's Shaping Waverley sub-program, reflecting the final constructed building. The information is to be submitted in a table and include the following:

i. DP/Lot/Strata Plan, ii. Address, iii. Building footprint (m2)

iv. Gross Floor area (m2) v. total residential floor space (m2) vi. total office space (m2) vii. total retail space (m2) viii. total no. of levels (m2) ix. No. levels above ground x. No. levels below ground xi. No. of residential levels xii. No. of dwellings xiii. No. of commercial levels xiv. No. of parking spaces xv. Parking location (above or below ground) xvi. Ground floor use (commercial, retail or residential)

This information is required for any development consent within Bondi Junction Centre (as defined in Part E1 of the Waverley DCP 2012) that results in a change in gross floor area.

E. OPERATIONAL CONDITIONS DURING OCCUPATION

73. HOURS OF OPERATION OF THE OPEN TERRACE

The use of the open terrace adjoining level 2 of the development shall be restricted to the following hours: (a) Monday to Friday (excluding public holidays) 7am to 9pm (b) Weekends and public holidays 8am to 9pm (c) New Year’s Eve 9am to 12:30am.

74. SOLID FUEL

The provision of solid fuel heating/cooking appliances is prohibited.

75. DELIVERY OF GOODS

Loading and unloading of vehicles and delivery of goods to the land shall at all times be carried out within the loading zone near the front of the site during the designated hours.

76. ROLLER SHUTTERS

The installation of roller shutters or grilles, in front of, or in place of a standard window or shop front is prohibited. Council Policy requires the retention of a glass shop front for window display purposes. Should increased security be desired, then consideration should be given to applying shatter-resistant film or replacing existing shop window glass with laminated glass.

77. NOISE - MECHANICAL PLANT

Noise associated with mechanical plant shall not give rise to any one or more of the following:

(a) Transmission of "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy.

(b) A sound pressure level at any affected property that exceeds the background (LA90, 15 minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use. The source noise level must be assessed as a LAeq, 15 minute.

(c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant associated with the premises must not be audible in any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

(d) A Certificate is to be submitted at the completion of all work and prior to the issue of an Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment complies with the terms of approval in relation to noise.

78. NOISE EMISSIONS

(a) No sound reproduction device nor any forms of entertainment (or general noise) within the premises are to exceed a noise level of 5dBA above background noise levels measured from any public place or other parts of the premises or adjoining premises. The background noise level must be measured in absence of noise emitted from the use in accordance with AS 1055.

(b) No sound reproduction device shall be installed external to the building, but rather shall be confined to internal areas of the subject premises only. Such devices must not be placed so as to direct the sound towards the outdoor areas associated with the premises.

(c) Sound reproduction devices (including music live or otherwise) shall be restricted to between 9am and 10pm, Monday to Saturday and from 9am to 9.30pm Sundays due to residential premises being located above and nearby.

(d) The use of the premise must be controlled so that any emitted noise is at a level so as not to create an "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any affected receiver (any place of different occupancy)

79. AIR EMISSIONS

The use of the premises shall not give rise to air impurities in contravention of the Protection of the Environment Operations Act, 1997. No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, gases, vapours, odours, dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise.

80. CONTROL OF LEGIONNAIRES DISEASE

(a) All cooling towers and warm water systems must be operated and maintained in accordance with AS/NZS 3666 2011, the Public Health Act 2010, Public Health Regulation 2012 and NSW Health Code of Practice for the Control of Legionnaires Disease.

(b) The occupier of the building must register and provide particulars of any water cooling, and warm- water systems as required under the provisions of the Public Health Act, 2010 and Regulation. Registration forms are available from Council.

81. DISPLAY OF WASTE MANAGEMENT PLAN

The occupant/individual owner/body corporate shall be provided with at least one copy of the Waste Management Plan. An additional copy of the plan shall be displayed in a secure, visible and accessible position within or adjacent to the waste storage area. The approved Waste Management Plan must be complied with at all times during occupation.

82. FIRE SAFETY MAINTENANCE

Access to all essential fire safety measures, such as fire hydrants, fire hose reels, portable fire extinguishers and the like must be maintained at all times and not be blocked or obstructed by furniture, equipment or the like.

83. LIGHTING

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

(b) All external lighting fixtures should be vandal resistant.

(c) Lighting should be carefully considered in areas covered by CCTV to allow for optimum viewing.

(d) Lighting should be free of obstructions, such as tree branches, pipes, etc.

(e) Transition lighting should also be used throughout the site to reduce vision impairment, i.e. impairment caused by walking from dark to light places and light to dark places.

(f) All external area lights and carparks to multi-unit dwellings shall be on sensor switches to save energy and reduce light spill to the sky; low voltage solar powered lights to front entry footpaths are acceptable for continuously illuminated lighting.

84. NOISE COMPLAINTS

If, during on-going use of the premises, substantiated complaints of breaches of noise emission conditions and/or the Protection of the Environment Operations Act, 1997 occur, an acoustic report assessing the impact of the operation will be required to be carried out by a suitably qualified acoustic consultant. The report is to be submitted to the satisfaction of Council's Safe Waverley sub-program within 60 days of written request. The investigation shall include, but not be limited to:

(a) The identification of sensitive noise receivers potentially impacted by the proposal;

(b) The quantification of the existing acoustic environment at the receiver locations (measurement techniques and assessment period should be fully justified and accordance with relevant Australian Standards and NSW Environment Protection Authority (EPA) requirements);

(c) The formation of a suitable assessment criteria having regard to the guidelines contained in the NSW EPA Industrial Noise Policy;

(d) The identification of operational noise producing facets of the use and the subsequent predictions of resultant noise at the identified sensitive receiver locations from the operation of the use. Where appropriate the predication procedures must be justified and include an evaluation of prevailing atmospheric conditions that may promote noise propagation;

(e) A statement indicating that the operation of the premises complies with the relevant criteria together with details of acoustic control measures that will be incorporated into the development/use, will not create adverse noise impacts to surrounding development.

85. WASTE STORAGE

The following requirements apply to waste management:

(a) A waste management plan must be submitted to Council to include all waste removal arrangements such as the Contractor, recyclables and all other waste (collection and disposal), prior to the occupation of the premises.

(b) Provide a separate waste storage area suitably covered, bunded and drained to the sewer. The waste storage receptacles must be maintained in good order and repair at all times.

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

(d) Provide a separate storage area for used and unused cooking oils suitably covered, bunded and drained to the sewer.

(e) Provide dry basket arresters to the floor wastes in the food preparation and waste storage areas.

(f) Confer with Sydney Water regarding whether a Trade Waste Agreement is required. A copy of the agreement shall be forwarded to Council if one is entered into with Sydney Water.

86. DISPLAY OF WASTE MANAGEMENT PLAN

The occupant/body corporate shall be provided with at least one copy of the Waste Management Plan. An additional copy of the plan shall be displayed in a secure, visible and accessible position within or adjacent to the waste storage area. The approved Waste Management Plan must be complied with at all times during occupation.

87. RECYCLING OF WASTE PAPER

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

PHOTOMONTAGE – Proposed Development, 6-8 Bronte Road, Bondi Junction (Updated) Project:13092

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PROPOSED INFILL DEVELOPMENT

RIGHT OF CARRIAGE WAY

207 - 209 OXFORD STREET 2-4 BRONTE ROAD 6-8 BRONTE ROAD 500 OXFORD STREET

COMMERCIAL TEA GARDENS HOTEL SUBJECT SITE WESTFIELD BONDI JUNCTION

Project: Scale: 1 : 200 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 STREETSCAPE & CONTEXT PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA03 213 OXFORD 2-4 BRONTE ROAD STREET (TEA GARDENS HOTEL) (APPLE STORE)

AWNING ABOVE 32530 SITE BOUNDARY SITE BOUNDARY BRICK 4 SITE BOUNDARY 98º43'50" 10.035 SITE BOUNDARY 98º53'50" 15.665 98º07'40" 4.645 98º24'50" 2.615 PLANTER .6 80 AWNING ABOVE 8º08'50" 9.18 8º08'50" SITE BOUNDARY SITE

NOTE: RETAIL 1. TENANT FITOUT & SIGNAGE BY SEPARATE APPLICATION; REFER TO DA05 FOR FUTURE CONCRETE 80.64 (FFL) FFL 80.71 0 2. GROUND FLOOR, LEVEL 1 & LEVEL 2 TO BOLLARD .6 80.60 (CONCRETE) ADAPTION LAYOUT 80 GFA 256.4 sqm SUIT NAB FITOUT - WITH PRIVATE CONTRACTOR FOR WASTE REMOVAL CUSTOMER 3. LESS THAN 10 STAFF ON GROUND FLOOR ENTRY

PRIVACY / AIRLOCK TO INTERNAL CONNECTION ONLY BATHROOM SUBJECT TO (NOT EGRESS OR ACCESSIBILITY) FITOUT RESOLUTION

AWNING TO MATCH HEIGHT & 7.885 188º08'30" BOUNDARY SITE EXTENT OF WESTFIELD AWNING CONCRETE BOLLARD

BRONTE ROAD BRONTE FIRE CONCRETE DISH DRAIN DISH CONCRETE LIFT RAMP STAIR ACC. WC 1:20 80.64 (FFL) 5

BIN 8 COMS .4 0" 5 2950 º37'3 M 264 FHBV ARY UND 6 3 BO .5 0 E 0 1. SIT 8 SITE BOUNDARY 278º46'50" 27.625 8 1.5m DIA. ACCESSIBILITY CONCRETE BOLLARD 4 .7 RIGHT OF CARRIAGEWAY 80 SECURITY GATE WITH PUSH (R.O.C.) RELEASE EGRESS MECHANISM BUS SEAT BUS SEWER MANHOLE 500 OXFORD STREET (WESTFIELD)

Project: N Scale: 1 : 100 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 PROPOSED GROUND FLOOR PLAN PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA04 213 OXFORD 2-4 BRONTE ROAD STREET (TEA GARDENS HOTEL) (APPLE STORE)

AWNING ABOVE 32530 SITE BOUNDARY SITE BOUNDARY BRICK 4 SITE BOUNDARY 98º43'50" 10.035 SITE BOUNDARY 98º53'50" 15.665 98º07'40" 4.645 98º24'50" 2.615 PLANTER .6 80 AWNING ABOVE 8º08'50" 9.18 8º08'50" SITE BOUNDARY SITE 1 DA16 RETAIL (FUTURE BUILDING ADAPTION CONCRETE 80.64 (FFL) FFL 80.71 FOR NON SPECIFIC TENANCIES) BOLLARD 60 0. 80.60 (CONCRETE) GFA 247.1 sqm 8 BATHROOM PROVISION TO BCA

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INTERNAL CONNECTION ONLY F (NOT EGRESS OR ACCESSIBILITY)

AWNING TO MATCH HEIGHT & 7.885 188º08'30" BOUNDARY SITE EXTENT OF WESTFIELD AWNING CONCRETE BOLLARD M BRONTE ROAD BRONTE FIRE BIN CONCRETE DISH DRAIN DISH CONCRETE LIFT RAMP STAIR ROOM ACC. WC 1:20 80.64 (FFL) RL 81.00 5

BIN 8 COMS .4 0" 5 2950 º37'3 M 264 FHBV ARY UND 6 3 BO .5 0 E 0 1. SIT 8 SITE BOUNDARY 278º46'50" 27.625 8 1.5m DIA. ACCESSIBILITY CONCRETE BIN ROOM TO COUNCIL BOLLARD 4 .7 DCP REQUIREMENTS 80 RIGHT OF CARRIAGEWAY SECURITY GATE WITH PUSH RELEASE EGRESS MECHANISM BUS SEAT BUS SEWER MANHOLE 500 OXFORD STREET 1 (WESTFIELD) DA17

Project: N Scale: 1 : 100 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 GROUND FLOOR PLAN (FUTURE ADAPTION) PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA05 Drawing:

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M S 98º07'40" 4.645 98º07'40" SITE BOUNDARY SITE 1 : 100 : 1 12/07/16 AM ACC. WC ACC.

Scale: Date: Drawn: Ref: Job 13092 N

KITCHENETTE COMS Project: PROPOSED DEVELOPMENT PROPOSED ROAD BRONTE 6-8 JUNCTION BONDI SITE BOUNDARY 98º53'50" 15.665 98º53'50" BOUNDARY SITE GFA 263.5 sqm 263.5 GFA OFFICE LEVEL 1 FFL 84.81 FFL 1 LEVEL (BELOW) (WESTFIELD) (WESTFIELD) SITE BOUNDARY 278º46'50" 27.625 278º46'50" BOUNDARY SITE 500 OXFORD STREET STREET OXFORD OXFORD 500500 FIRE STAIR RIGHT OF CARRIAGEWAY RIGHT 2-4 BRONTE ROAD ROAD BRONTE BRONTE 2-42-4 HOTEL) HOTEL) GARDENS GARDENS (TEA (TEA 1 DA17 LIFT ARCHITECTS & URBAN PLANNERS G I L E S T R I B E A R C H I T E C T S T C E T I H C R A E B I R T S E L I G LINE OF WESTFIELD LINE OVER BUILDING 61 2 9264 9908 9264 2 61 F F F F F ABN 50 001259 507 001259 50 ABN [email protected] E E E E E E E 61 2 9264 5005 9264 2 61 P P P P P SITE BOUNDARY 98º43'50" 10.035 98º43'50" BOUNDARY SITE

PATTERNED TRAFFICABLE GLASS TO GLASS TRAFFICABLE PATTERNED AWNING

BOX GUTTER BOX SITE BOUNDARY 8º08'50" 9.18 8º08'50" BOUNDARY SITE (8004) Vega Aaron Michael (6459) D Hill Stuart (5823) G Broadley Mark

1

DA16

BRONTE ROAD ROAD BRONTE BRONTE Level 8 263 Clarence Street SYDNEY 2000 SYDNEY Street Clarence 8 263 Level 1230 Building Victoria Queen Q291 Box PO Pty Ltd Tribe Giles Architects: Nominated 2-4 BRONTE ROAD 213 OXFORD (TEA GARDENS HOTEL) STREET (APPLE STORE)

SITE BOUNDARY SITE BOUNDARY SITE BOUNDARY 98º43'50" 10.035 SITE BOUNDARY 98º53'50" 15.665 98º07'40" 4.645 98º24'50" 2.615 900

1 DA16 OFFICE LEVEL 2 FFL 88.21 GFA 191.4 sqm DECK

PLANTER BED PLANTER F SITE BOUNDARY 8º08'50" 9.18 8º08'50" BOUNDARY SITE SITE BOUNDARY 188º08'30" 7.885 188º08'30" BOUNDARY SITE

M LIFT FIRE KITCHENETTE ACC. WC STAIR 85

COMS 4 UP " 5. 37'30 264º ARY UND E BO SITE BOUNDARY 278º46'50" 27.625 SIT

AMBULANT

1 DA17 500 OXFORD STREET (WESTFIELD)

Project: N Scale: 1 : 100 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 PROPOSED LEVEL 2 PLAN PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA07 2-4 BRONTE ROAD 213 OXFORD (TEA GARDENS HOTEL) STREET (APPLE STORE)

SITE BOUNDARY SITE BOUNDARY SITE BOUNDARY 98º43'50" 10.035 SITE BOUNDARY 98º53'50" 15.665 98º07'40" 4.645 98º24'50" 2.615

NOTE: ALL SIDE WINDOWS (NON-OPENABLE) 2HR FIRE RATED

1 DA16 OFFICE LEVEL 3 RL 91.61 LEVEL 5 RL 98.41 LEVEL 7 RL 105.21 BALCONY GFA 191.4 sqm BELOW

F 1470 SITE BOUNDARY 8º08'50" 9.18 8º08'50" BOUNDARY SITE SITE BOUNDARY 188º08'30" 7.885 188º08'30" BOUNDARY SITE

M LIFT KITCHENETTE BRONTE ROAD BRONTE FIRE ACC. WC 5 STAIR 5.48 COMS '30" UP 4º37 Y 26 900 R NDA BOU SITE SITE BOUNDARY 278º46'50" 27.625

500 OXFORD STREET (WESTFILED) 1 DA17

Project: Scale: 1 : 100 Drawing: N Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 PROPOSED LEVEL 3, 5 & 7 PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA08 2-4 BRONTE ROAD 213 OXFORD (TEA GARDENS HOTEL) STREET (APPLE STORE)

SITE BOUNDARY SITE BOUNDARY SITE BOUNDARY 98º43'50" 10.035 SITE BOUNDARY 98º53'50" 15.665 98º07'40" 4.645 98º24'50" 2.615

NOTE: ALL SIDE WINDOWS (NON-OPENABLE) 2HR FIRE RATED

1 DA16 OFFICE LEVEL 4 RL 95.01 LEVEL 6 RL 101.81 GFA 191.4 sqm

SITE BOUNDARY 8º08'50" 9.18 8º08'50" BOUNDARY SITE F 1470 SITE BOUNDARY 188º08'30" 7.885 188º08'30" BOUNDARY SITE

UP M LIFT FIRE KITCHENETTE ACC. WC STAIR 85 COMS 5.4 7'30" 64º3 RY 2 NDA BOU SITE BOUNDARY 278º46'50" 27.625 SITE

1 500 OXFORD STREET DA17 (WESTFIELD)

Project: N Scale: 1 : 100 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 PROPOSED LEVEL 4 & 6 PLAN PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA09 2-4 BRONTE ROAD 213 OXFORD (TEA GARDENS HOTEL) STREET (APPLE STORE)

SITE BOUNDARY

1º FALL 400 WIDE BOX GUTTER 1º FALL

4º FALL 4º FALL 4º FALL 1 DA16

RAISED AC SITE BOUNDARY SITE SITE BOUNDARY SITE PLATFORM

AC CONDENSORS

LIFT OVERRUN RL 110.11 Y DAR BRONTE ROAD BRONTE N BOU SITE

SITE BOUNDARY

COMPLIANT ACCESS HATCH TO ROOF FOR AC SERVICING & MAINTENANCE

1 500 OXFORD STREET DA17 (WESTFIELD)

Project: N Scale: 1 : 100 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 PROPOSED ROOF PLAN PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA10 AC PLATFORM

LIFT OVERRUN

SITE BOUNDARY SITE BOUNDARY SITE LEVEL 8 108610

STW STW STW STW STW ALW 3400

P1 LEVEL 7 105210

STW STW STW STW STW WC 3400

LEVEL 6 101810

STW STW STW STW STW ALW 3400

LEVEL 5 98410

STW STW STW P1 STW STW WC 3400

LEVEL 4 95010

STW STW STW STW STW ALW 3400

LEVEL 3 NO. 2 - 4 BRONTE ROAD, AB 91610 BONDI JUNCTION (DASHED) WC 3400

LEVEL 2 88210 AB EXISTING NEIGHBOUR'S WALL ON THE BOUNDARY 3400 (HATCHED)

LEVEL 1 84810 4100

GROUND FLOOR 80710

NOTE: REFER TO DRAWING DA15 FOR EXTERNAL FINISHES

Project: Scale: 1 : 150 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 PROPOSED NORTH ELEVATION PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA11 SITE BOUNDARY SITE SITE BOUNDARY SITE LEVEL 8 108610 WESTFIELD BONDI JUNCTION ON REAR BOUNDARY 3400

LEVEL 7 105210 3400

LEVEL 6 101810 3400

LEVEL 5 WESTFIELD BONDI JUNCTION 98410 NO.500 OXFORD STREET, BONDI JUNCTION EXISTING NEIGHBOUR'S WALL ON THE BOUNDARY (HATCHED) 3400

LEVEL 4 95010 3400

LEVEL 3 91610 3400

LEVEL 2 88210

NO. 2 - 4 BRONTE ROAD, BONDI

3400 JUNCTION

LEVEL 1 84810

2.4M WIDE R.O.C. 4300

GROUND FLOOR 80710

NOTE: REFER TO DRAWING DA15 FOR EXTERNAL FINISHES

Project: Scale: 1 : 150 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 PROPOSED EAST ELEVATION PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA12 WESTFIELD BONDI JUNCTION NO.500 OXFORD STREET, BONDI JUNCTION (DASHED) SITE BOUNDARY SITE SITE BOUNDARY SITE LEVEL 8 108610

P1 3400

LEVEL 7 105210

ALW 3400

WC LEVEL 6 101810

P1 3400

LEVEL 5 98410

ALW 3400

WC LEVEL 4 95010 EXISTING NEIGHBOUR'S WALL ON THE BOUNDARY (HATCHED)

P1 3400

AB LEVEL 3 91610

ALW 3400

LEVEL 2 88210 AB

CEILING OF R.O.C. WC 3400

LEVEL 1 84810 FIRE HYDRANT BOOSTER VALVE P1

SECURITY GATE DOOR ONLY FOR 4100 (R.O.C.) FUTURE ADAPTION LAYOUT GROUND FLOOR 80710

NOTE: REFER TO DRAWING DA15 FOR EXTERNAL FINISHES

Project: Scale: 1 : 150 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 PROPOSED SOUTH ELEVATION PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA13 WESTFIELD BONDI JUNCTION NO.500 OXFORD STREET, BONDI JUNCTION SFW SITE BOUNDARY SITE BOUNDARY SITE LEVEL 8 108610

ALW 3400

P1 LEVEL 7 105210

ALW 3400

P1 WC WC LEVEL 6 101810

ALW 3400

P1 LEVEL 5 98410

ALW 3400

LEVEL 4 WC 95010

NO. 2 - 4 BRONTE ALW

ROAD, BONDI 3400 JUNCTION

P1 LEVEL 3 91610 RL 90.08 3400

LEVEL 2 88210 3400 1

DA20 LEVEL 1 84810

2.4M WIDE R.O.C. 4100 SFW

GROUND FLOOR 80710

PAINTED GALVANIZED STEEL AWNING (TO TENANT SIGNAGE)

NOTE: REFER TO DRAWING DA15 FOR EXTERNAL FINISHES

Project: Scale: 1 : 150 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 PROPOSED WEST ELEVATION PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA14 STW - 2 HOUR FIRE RATED ALW - POWDERCOATED ALUMINIUM POWDERCOATED STEEL IN WHITE FRAMED WINDOW IN WHITE

WC - WALL CLADDING - SIMILAR TO AB - ALUMINUM BATTENS - EQUITONE (NATURA) - N211 POWDERCOATED ALUMINUM DECOWOOD - TEAK

P1 - RENDERED AND PAINT FINISHED SFW - SHOPFRONT POWDERCOATED IN WHITE ALUMINIUM DOORS AND WINDOWS IN WHITE

Project: Scale: Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 SCHEDULE OF EXTERNAL FINISHES PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: JH Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA15 METAL FLASHED PARAPET SITE BOUNDARY SITE SITE BOUNDARY SITE LEVEL 8 CL 108610

OFFICE 3400 2800

LEVEL 7 CL 105210

OFFICE 3400 2800

LEVEL 6 CL 101810

OFFICE 3400 2800

LEVEL 5 CL 98410

OFFICE 3400 2800

LEVEL 4 95010 CL

OFFICE 3400 NO.2-4 BRONTE ROAD 2800 AT THE REAR LEVEL 3 CL 91610

OFFICE 3400 2800

LEVEL 2 CL 88210

OFFICE 3400 2800

LEVEL 1 84810 CL

RETAIL 4100 (FITOUT BY TENANT) 3300

GROUND FLOOR 80710 PIER TO ROCK

Project: Scale: 1 : 150 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 SECTION 1 PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA16 LIFT OVERRUN SITE BOUNDARY SITE SITE BOUNDARY SITE

CL

OFFICE WESTFIELD BONDI JUNCTION 2800 NO.500 OXFORD STREET, BONDI JUNCTION LEVEL 7 105210 CL 3400

2800 OFFICE

LEVEL 6 101810 CL

OFFICE 3400 2800

LEVEL 5 98410 CL OFFICE 3400 2800

LEVEL 4 29400 95010 CL

OFFICE 3400 2800

LEVEL 3 91610 LIFT CL SHAFT

OFFICE 3400 2800

LEVEL 2 88210 CL NO.2 - 4 BRONTE ROAD, BONDI OFFICE JUNCTION 3400 2800

LEVEL 1 84810 CL

2.4M WIDE 4100 R.O.C. RETAIL

GROUND FLOOR 80710

Project: Scale: 1 : 150 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 SECTION 2 PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA17 1 SHADOW DIAGRAM- 21 JUNE - 9AM 2 SHADOW DIAGRAM- 21 JUNE - 12 NOON 3 SHADOW DIAGRAM- 21 JUNE - 3PM

DA18 1 : 500 DA18 1 : 500 DA18 1 : 500

NOTE : SOLAR ACCESS DIAGRAMS GENERATED USING REVIT 3D MODELLING SOFTWARE FOR 21ST JUNE.

Project: Scale: 1 : 500 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 EXISTING SHADOW DIAGRAMS PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: DZ Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA18 1 SHADOW DIAGRAM- 21 JUNE - 9 AM 2 SHADOW DIAGRAM- 21 JUNE - 12NOON 3 SHADOW DIAGRAM- 21 JUNE - 3 PM

DA19 1 : 500 DA19 1 : 500 DA19 1 : 500

NOTE : SOLAR ACCESS DIAGRAMS GENERATED USING REVIT 3D MODELLING SOFTWARE FOR 21ST JUNE.

Project: Scale: 1 : 500 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 PROPOSED SHADOW DIAGRAMS PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA19 LEVEL 3 91610 MATCHING DECOWOOD SHADE AWNING TO TERRACE HOTEL PARAPET RL 90.08 TOP OF BLADE TO ALIGN WITH HOTEL PARAPET RL

LEVEL 2 88210

POWDERCOATED DECOWOOD BLADES 200 X 50 CLIP FIXED 100MM OFF WALL

LEVEL 1 84810

TOUGHNED +LAMINATED FROSTED GLASS TO ALIGN IN HEIGHT & DETAIL WITH WESTFIELD

TENANT GLASS SHOPFRONT

GROUND FLOOR 80710

Project: Scale: 1 : 50 Drawing: Level 8 263 Clarence Street SYDNEY 2000 P 61 2 9264 5005 F 61 2 9264 9908 PROPOSED DEVELOPMENT Date: 12/07/16 FACADE DETAILS PO Box Q291 Queen Victoria Building 1230 E [email protected] G I L E S T R I B E A R C H I T E C T S Drawn: AM Drawing No: Giles Tribe Pty Ltd ABN 50 001259 507 ARCHITECTS & URBAN PLANNERS 6-8 BRONTE ROAD Job Ref: Nominated Architects: Mark G Broadley (5823) Stuart D Hill (6459) Michael Aaron Vega (8004) BONDI JUNCTION 13092 DA20 2-4 BRONTE ROAD 213 OXFORD (TEA GARDENS HOTEL) STREET (APPLE STORE) GENERAL NOTES (6) TRACHELOSPERMUM ASIATICUM (SCRAMBLER) 1. THE CONTRACTOR SHALL BE RESPONSIBLE TO MAINTAIN PLANTS IN PROPER NURSERY DOWN BUILDING CONDITION INCLUDING 'HARDENING OFF' TO THE TIME OF PLANTING. SITE BOUNDARY SITE BOUNDARY SITE BOUNDARY 98º43'50" 10.035 SITE BOUNDARY 15.665 2. PLANTS DAMAGED BETWEEN TIME OF NURSERY INSPECTION AND COMPLETION OF PLANTING BRICK 4.645 2.615 PLANTER SHALL BE REPLACED BY THE CONTRACTOR AT NO VARIATION TO THE CONTRACT. 3. NO SPECIFIED PLANT MATERIAL SHALL BE SUBSTITUTED BY OTHER SPECIES WITHOUT WRITTEN APPROVAL OF THE PRINCIPAL. 4. PLANTS TO BE FLOODED WITHIN 30 MINS OF PLANTING WITH WATER. 5. TREES TO BE PLANTED WHERE NOTED, SHRUBS TO BE PLANTED AT 1000mm CENTRES WHERE NOTED, GROUND COVERS AT 600mm. 6. MULCH TO BE PINE BARK. OFFICE CONCRETE LEVEL 2 FFL 88.21 BOLLARD 7. ANY RUBBLE REMAINING WITHIN THE LANDSCAPE AREAS AT THE TIME OF LANDSCAPING GFA 191.4 sqm IS TO BE REMOVED BY HAND. DECK 8. THE CONTRACTOR SHALL SUPPLY AND PLACE 150mm DEPTH OF TOP SOIL TO MUSHROOM SITE BOUNDARY 9.18 (3) DORYANTHES SITE BOUNDARY 7.885 COMPOST MIX TO MASS PLANTED AREAS, BEFORE PLANTING. PLANTER BED EXCELSA F AWNING BELOW 9. THE LANDSCAPE CONTRACTOR SHALL GRADE SURFACE AREAS TO AN ACCEPTABLE SLOPE BATTER (MAX 1 IN 3) AND AWAY FROM BUILT AREAS WHERE POSSIBLE.

CONCRETE BOLLARD M LIFT CONCRETE DISH DRAIN CONCRETE DISH (10) DIETES BICOLOR FIRE KITCHENETTE ACC. WC (10) DIETES GRANDIFLORA

STAIR COMS BIN UP SITE BOUNDARY 5.485 SITE BOUNDARY 27.625 (11) PHORMIUM BRONZE CONCRETE 500 OXFORD STREET BOLLARD WARRIOR (WESTFIELD) (4) CORDYLINE RED SENSATION

BUS SEAT LANDSCAPE PLANTING PLAN - LEVEL 2 SEWER MANHOLE SCALE 1:100

100mm THICK ANL'S 15mm BROWN EUCALYPTUS ANL'S PLANTER BOX SOIL MULCH OR EQUIVALENT MIX OR EQUIVALENT. DANGER SOIL DEPTH MIN. 450mm

GEOTEXTILE FABRIC PP ATLANTIS 20mm FLO-CELL A 21/07/16 ISSUED TO CLIENT FOR APPROVAL DRAINAGE CELL WHEN EXCAVATING WITHIN ANY EXT 125gsm GRADE OR ISSUE DATE AMENDMENT EQUIVALENT 20 x 405 x 620mm OR EQUIVALENT SITE, FOOTPATH AND ROADWAY, WATERPROOF ALL SERVICES SHALL BE LOCATED MEMBRANE 50mm WASHED RIVER SAND PRIOR TO COMMENCEMENT OF Susan Read 1000mm ATLANTIS FLO-TANK THE EXCAVATION WORKS. TINY TANK MODULE Landscapes 204 x 685 x 240mm CONTACT "DIAL BEFORE YOU DIG" OR EQUIVALENT 204mm B. LAND ARCH PO Box 5011, ON PHONE No. 1100 OR GO TO THE TURRAMURRA. NSW. 2074 PHONE - 0418 635 781 WEB SITE EMAIL – [email protected] PROPOSED DEVELOPMENT WATER OUTLET "www.1100.com.au" PLANTER BOX DETAIL 6-8 BRONTE ROAD 1000mm DEPTH BONDI JUNCTION N.T.S CONCORDE ENTERPRISE PTY LTD LANDSCAPE PLANTING PLAN THE PROPERTY IN THIS DRAWING AND IN THE CONCEPTS REMAIN WITH SUSAN READ. ANY UNAUTHORISED USE OF THIS DRAWING, AS TO THE WHOLE OR PART MAY RENDER THE USER LIABLE TO AN ACTION FOR DAMAGES. CONSEQUENTIAL EVENTS OR DAMAGES ARISING FROM UNWARRENTED OR UNAUTHORISED USE SHALL NOT RENDER SUSAN READ OR HER ASSOCIATED COMPANIES LIABLE.

Date: Designed: Sheet: JULY 16 S. Read 1 of 1

Scale: Drawing No: Issue: 1:100 @ A2 TRACHELOSPERMUM DORYANTHES EXCELSA DIETES GRANDIFLORA DIETES BICOLOR PHORMIUM BRONZE CORDYLINE RED WARRIOR Datum: L 01 A ASIATICUM SENSATION AHD Section 96 Modification

Report to the Waverley Development Assessment Panel

Application number DA- 634/2008/C

Site address 61 Birrell St, Queens Park

Proposal Modification to garage and studio over, including an increase in size and changes to the roof.

Approved development Carport with first floor studio over. description

Date of lodgement 10 August 2016

Owner Mr J & Mrs L Mitchell

Applicant Mr James Mitchell

Submissions 3

Issues Heritage, solar access

Recommendation That the application be APPROVED

Site Map

1

1. PREAMBLE

1.1 Site and Surrounding Locality

A site visit was carried out on 21 August 2016 and the site was also observed from the adjoining property.

The site is located on the southern side of Birrell Street and has a side boundary to Fitzgerald Street. The site is irregular in shape with a frontage of 6.91m to Birrell Street, side boundary to Fitzgerald Street of 27.76m, eastern side boundary of 41.725m and rear boundary of 12.27m. The site has an area of 438.7m2 and is generally level.

The site is occupied by a single storey dwelling, with a single carport accessing Fitzgerald Street, a sandstone shed and covered structure on the rear boundary.

The site is adjoined to the east by a two storey terrace, to the west a single storey shop and to the rear (2A Fitzgerald Street) by a site currently occupied by a sandstone structure previously understood to be utilised as a milking shed now converted to a dwelling. Opposite the site in Fitzgerald Street is a mixture of one and two storey dwellings.

Figure 1: Site viewed from Fitzgerald Street

Figure 2: Subject site frontage

Figure 3: Site viewed from rear of property looking at rear boundary

1.2 Details of Approved Development

DA-634/2008 – Approved 7 October 2010, for construction of a garage with first floor studio over.

DA-634/2008/A – Refused 26 September 2012, for modification to extend approved garage and studio, alterations to finished levels and windows. The application was recommended for approval by Council staff, however was refused by WDAP for the following reasons: 1. The proposal fails to satisfy the Waverley Development Control Plan 2012, Part C1 – Dwelling House and Dual Occupancy Development, with respect to the following provisions: a. Section 1.8, Solar Access, in that the modifications result in an unreasonable increase in overshadowing and reduction of solar access to the southern property at No.2A Fitzgerald Street. b. Section 1.3, Density, Bulk and Scale, in that the modifications result in an unreasonable increase in bulk and scale of the building. c. The reduced rear setback further increases the non-compliance with the setback controls. 2. The modifications result in an adverse impact upon the heritage significance of the subject site and the adjacent building. 3. The maintenance issues relating to the weatherboard finish are not adequately resolved. 4. The modifications are not in the public interest.

DA-634/2008/B – Approved on 25 January 2016, for modifications to lower internal floor levels of approved studio.

1.3 Proposal

The application has been lodged as a section 96(1A) application and provides for the following modifications to the approved development:

• Extend the approved garage and studio over by 900mm towards the northern side; • Internal alterations to include a kitchen and rearrange the location of the bathroom; • Alterations from a pitched roof to a flat roof with part of the rear sloped.

2. ASSESSMENT

The following matters are to be considered in the assessment of this modification application under sections 79C and 96 of the Environmental Planning and Assessment Act 1979 (the Act).

2.1 Section 96 Considerations

Section 96 (1A) applications - the modifications are considered to have minimal environmental impact. The application has been compared to the essential nature of the development as originally approved and it is considered to be substantially the same development. The application has been notified and submissions considered as discussed further in the report.

2.2 Section 79C (1)(a) Planning Instruments and Development Control Plans

The following is an assessment against relevant legislation, environmental planning instruments, including State environmental planning polices (SEPPs), and development control plans.

2.2.1 Waverley Local Environmental Plan 2012 (Waverley LEP 2012)

The relevant matters to be considered under the Waverley LEP 2012 for the proposal are outlined below:

Table 1: Waverley LEP 2012 Compliance Table

Provision Compliance Comment Part 1 Preliminary 1.2 Aims of plan The proposal meets the aims of the LEP Yes

Part 2 Permitted or prohibited development Land Use Table The proposal is permitted with consent in the R2 Low Density Residential Yes R2 Low Density. Zone Part 4 Principal development standards 4.3 Height of buildings A maximum height of 8.5m is permitted. Yes • 8.5m A maximum height of 5.7m is proposed. 4.4 Floor space ratio and Clause 4.4A applies as the site has an area of 4.4A Exceptions to floor space 438.7m2. ratio • 0.62:1 Yes Approved dwelling: 218m2 Proposed studio: 47.5m2 Site total: 265.5m2 FSR: 0.61:1 Part 5 Miscellaneous provisions 5.10 Heritage conservation The subject site is located in the Queens Park Conservation Area (C14). Yes

See discussion below.

2.2.2 Waverley Development Control Plan 2012 - Amendment No 4 (Waverley DCP 2012)

The relevant matters to be considered under the Waverley DCP 2012 for the proposal are outlined below:

Table 2: Waverley DCP 2012 – Part B General Provisions Compliance Table

Development Control Compliance Comment 9. Heritage The subject site is located in the Queens Park Conservation Area (C14). Yes The proposal complies with the controls subject to conditions. See discussion below.

Table 3: Waverley DCP 2012 – Part C1 Dwelling House, Dual Occupancy, Secondary Dwelling, Semi- Detached Dwelling and Terrace Development Compliance Table Development Control Compliance Comment 1.1 Height 1.1.1 Flat roof dwelling house Yes The overall height is proposed to be 6.2m which • Maximum overall building complies with this control. height of 7.5m 1.1.2 External wall height Yes The external wall height is proposed to be 6.2m, • Maximum external wall which complies with this control. height of 7m 1.2 Setbacks 1.2.1 Front and rear building lines Yes No changes are proposed for the rear setback. • Predominant front building line The proposal will be closer to the front boundary, • Predominant rear however as it is located at the rear of the property building line at each floor there will be no impact. level 1.2.2 Side setbacks Yes No changes are proposed to the approved side • Minimum of 0.9m setbacks. 1.4 Streetscape and visual impact Streetscape Yes The proposed modifications are considered satisfactory and will result in minimal impact upon the amenity of adjoining premises and the appearance of the streetscape. 1.8 Visual and acoustic privacy Maximum size of balconies: Yes No changes are proposed that would impact on • 10m2 in area visual and acoustic privacy. • 1.5m deep 1.9 Solar access • Minimum of three hours Yes Solar access to the adjoining neighbour at 2A of sunlight to minimum of Fitzgerald Street is slightly improved by this 50% of living areas and development through the amended roof plan to principal open space include a slope in the south eastern rear of the areas on 21 June studio. • Minimum of three hours of sunlight maintained to minimum of 50% of living areas and principal open space areas of adjoining properties on 21 June

Use of development

The modifications propose an addition of a kitchen inside the studio which would result in the ability for the development to be used as a secondary dwelling. While secondary dwellings are permissible in this area, the change of use is not part of this Section 96 application and would require a new Development Application to be submitted. As a result, it is recommended that the kitchen be removed from the consent.

Heritage Impacts

The subject property is located in the Queens Park Conservation Area (C14) and is considered a contributory item to the character of the area. Section B9 of the DCP outlines the performance criteria and controls relevant to heritage conservation areas throughout the area. Of particular relevance to this application are the controls relating to street view and visual impact of the proposed development.

The desired objective of Section 9.6 Roofs and Chimneys of the DCP encourages new development "to ensure new roof profiles are consistent with the established skyline profiles of the conservation area". This is supported by the controls which state that "skyline profiles of original roofs and chimneys should be retained where possible." As the original development at this location was a stable structure with a flat roof, the proposed flat roof design is compatible with the original character of the site. Further, the modification will have a similar roof style to the dwelling at 2A Fitzgerald Street which will soften the impact from the streetscape and compliment its heritage significance. This will significantly reduce the aesthetic bulk and scale of the development and in turn increase the amount of solar access for the neighbouring property.

The proposal has been reviewed by Council's Heritage and Urban Design advisor and no objections were raised for the increase in size of the approved garage and studio, however an issue was raised with the overall height of the development and its impact on the neighbouring property at 2A Fitzgerald Street. A condition has therefore been recommended to reduce the height of the roof, which is detailed in Appendix A of the report.

The proposed modifications to the approved development have been assessed against the provisions of clause 5.10 heritage conservation in the WLEP 2012, relevant heritage and streetscape objectives and controls in the WDCP 2012, and the proposal is recommended for approval subject to conditions of consent.

2.3 Section 79C(1)(b) – Other Impacts of the Development

The proposed development is capable of complying with the BCA.

It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.

2.4 Section 79C(1)(c) – Suitability of the Site for the Development

The site is considered to be suitable for the proposed development.

2.5 Section 79C(1)(d) – Any Submissions

The modification application was notified for 14 days and a site notice erected on the site, in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development.

Submissions were received from three properties. The issues raised in the submissions are summarised and discussed below.

Table 4: Summary of property addresses that lodged a submission

Property 5 Fitzgerald St, QUEENS PARK NSW 2022 2A Fitzgerald St, QUEENS PARK NSW 2022 1 Fitzgerald Lane, QUEENS PARK NSW 2022

Issue: Solar Access to the adjoining property at 2A Fitzgerald Street

Response: The proposed amended roof plan allows for a slight improvement on solar access to the adjoining neighbour at 2A Fitzgerald Street. The proposed sloped roof at the south eastern corner of the studio allows more light than what is currently approved to enter the neighbouring property. Further, a condition has been recommended to reduce the overall height of the development, resulting in an additional increase in solar access for the neighbouring property.

Issue: Privacy impacts to the properties at 1 Fitzgerald lane and 2A Fitzgerald Street

Response: No windows are proposed on the southern or eastern side of the studio, resulting in no privacy impacts to surrounding properties to the south and east of the property. Further, a privacy screen is proposed along the side boundary to minimise views from 2A Fitzgerald Street into the subject site's rear yard.

Issue: Three driveways proposed along Fitzgerald Street

Response: The proposed driveways are not part of this application and have already been approved. It should be noted that the existing single driveway has been approved to be demolished, leaving the double driveway the only access from the property to the street.

Issue: Use as a secondary dwelling

Response: The structure is not proposed to be used as a secondary dwelling. The bathroom is previously approved and a condition deleting the kitchen is recommended.

Issues: Bulk and Scale

Response: The amendments are considered minor to what is already approved and comply with Council's height and FSR controls. The bulk and scale of the amendments are therefore considered acceptable.

Issue: Loss of trees

Response: No trees are proposed to be removed with this development, however four trees are proposed to be planted along the eastern boundary to create a privacy screen between the property and the neighbour at 2A Fitzgerald Street.

Issue: Heritage Impacts

Response: Please see Section 2.2.2 Heritage Impacts of this report.

2.6 Section 79C(1)(e) – Public Interest

It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being imposed.

3. REFERRALS

3.1 Heritage – Shaping Waverly

The proposed development at the above address has been reviewed and the following comments and recommendations are provided regarding heritage significance and conservation.

The site located to the southern side of Birrell Street is occupied by a single storey freestanding residence now screened from Birrell Street by a high stone wall. The residence appears of Federation style. The site returns about a smaller site at the corner of Birrell and Fitzgerald Streets with 61 Birrell Street having an extended boundary along Fitzgerald Street. At the rear of the site is a stone stable structure forming part of a stable complex extending across the site of 2a Fitzgerald Street to the immediate south. The application seeks amendment of approved development of the stables at 61 Birrell Street providing extension to the approved width of the garage and studio above.

The existing stables structure to the rear southern area of 61 Birrell Street is part of an early dairy complex including the adjacent stone stable now forming part of 2a Fitzgerald Street. The later together with 1 Fitzgerald Lane are listed as items of local heritage significance in Waverley LEP2012. The stable structure at 61 Birrell Street is located in and is contributory to the Queens Park Conservation Area.

To maintain cohesion with the Conservation Area and adjacent listed buildings any amendment to the approved development should: • Include conservation and enhancement of the remaining historic fabric already degraded by the approved works. This should include reinstatement of the skillion profile at the top of the Fitzgerald Street frontage to the stable. • Maintain the current gutter/eave height of the approved development as the maximum overall height of the proposed flat roofed form.

Planning Comment

The main concern with the current proposal relates to the impact it will have on the heritage listed item on the neighbouring property at 2A Fitzgerald Street. Further discussions with Council’s Heritage Advisor led to the agreement that the impact was caused by the parapets on the southern and eastern side of the studio. The parapets on both sides have been conditioned to be removed, and as a result the impact on the neighbouring property at 2A Fitzgerald Street is further reduced in terms of bulk, scale and solar access.

4. SUMMARY

The proposal is for modifications to the approved garage and studio, including an increase in size, internal alterations and modifications to the roof. The application was referred to Council's Heritage advisor and issues were raised with the overall height of the development. A condition has therefore been recommended to reduce to height of the development by removing the parapets.

The application attracted nine submissions. Issues raised in the submissions have been addressed in the body of the report and, in part, by conditions of consent.

The application has been assessed against section 79C(1) of the Act and is recommended for approval, subject to conditions of consent.

5. RECOMMENDATION TO WAVERLEY DEVELOPMENT ASSESSMENT PANEL

That the Section 96 Modification Application be APPROVED by the Waverley Development Assessment Panel subject to the Conditions in Appendix A:

Report prepared by: Application reviewed and agreed on behalf of the Development and Building Unit by:

Katie Johnstone Lee Kosnetter Development Assessment Planner Manager, Development Assessment (South)

Date: 11/10/16 Date: 14/10/16

Reason for referral:

4 Applications for review of decisions made by the Panel

APPENDIX A – CONDITIONS OF CONSENT TO BE MODIFIED

A. Amended/Deleted Conditions

1. APPROVED DEVELOPMENT (MODIFIED BY DA-634/2008/C)

The development must be in accordance with Architectural Plan Nos DA-01 to DA-06 Revision E, tables and documentation prepared by JDH Architects, dated 28/09/2010, and received by Council on 28 September 2010, including

i) Architectural plans/Dwg nos. A101G to A103G, tables and documentation prepared by Terra Partners Architecture + Design, dated 04/12/2015, and received by Council on 16 December, 2016;

ii) Drawing Nos A101/1 - A109/1, prepared by Terra Partners Architecture and Design, dated 9 August 2016, and received by Council 19 August 2016.

Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS MODIFIED BY DA-634/2008/C)

The proposal shall be amended as follows:

(a) The floor to ceiling level of the garage is to be a minimum of 2200mm to comply with AS/NZS 2890.1:2004, Clause 5.3.1;

(b) The existing carport is not to be utilised for the parking of vehicles with the driveway crossing to be removed and the area reinstated in accordance with Condition 41.

(c) The proposed parapet is to be deleted from the southern and eastern sides of the studio and the overall height of the roof is to be reduced by 400mm on the southern side with a 2 degree fall towards the northern side of the studio.

(d) The kitchen to the studio is not approved and shall be deleted.

The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

B. New Conditions

No new conditions

APPENDIX B – FULL SET OF CONDITIONS Section 96 Modification

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

The development must be in accordance with drawing Nos A101/1 - A109/1, prepared by Terra Partners Architecture and Design, dated 9 August 2016, and received by Council 19 August 2016. (ADDED BY DA-634/2008/C)

Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS

The proposal shall be amended as follows:

(a) The floor to ceiling level of the garage is to be a minimum of 2200mm to comply with AS/NZS 2890.1:2004, Clause 5.3.1; (ADDED BY DA-634/2008)

(b) The existing carport is not to be utilised for the parking of vehicles with the driveway crossing to be removed and the area reinstated in accordance with Condition 41. (ADDED BY DA-634/2008)

(c) The proposed parapet is to be deleted from the southern and eastern sides of the studio and the overall height of the roof is to be reduced by 400mm on the southern side with a 2 degree fall towards the northern side of the studio. (ADDED BY DA-634/2008/C)

(d) The kitchen to the studio is not approved and shall be deleted. (ADDED BY DA-634/2008/C)

The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

3. USE OF DWELLING

The premises are to be used only as a single unit dwelling house.

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B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

4. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following:

(a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:

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

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

A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

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

(c) Should a section 96 modification result in any change to the total cost of the work, the Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre.

Advisory Note

- A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the development.

5. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $2,000.00 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work.

This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

6. LONG SERVICE LEVY

A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate.

Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

7. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

The building work, including demolition, must not be commenced until:

(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

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

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

8. SERVICE AUTHORITIES

The applicant is to seek approval from Telstra regarding any possible modification to the service authority’s infrastructure prior to the issue of a Construction Certificate.

9. HOARDING REQUIRED

A standard A-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate.

Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

10. DETAILS OF BULK EXCAVATION, SHORING ORPILE CONSTRUCTION

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

submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate.

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

11. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.

The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

12. STORMWATER MANAGEMENT

Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No. 4) - Part G4 prior to the issue of a Construction Certificate.

13. ENGINEERING DETAILS

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

14. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY

A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the extra load of the proposed additions is to be provided to Council or the Accredited Certifier prior to the issue of a Construction Certificate.

15. SANDSTONE WALL

The existing sandstone wall to Fitzgerald Street shall be retained as indicated on the plans with the remainder of the stone salvaged and reused on site. Details of the works, including provision for storage of stone if required and grade of matching stone, shall be provided for in the Construction Certificate plans to the satisfaction of the Principal Certifying Authority.

16. ROOFWATER GUTTERING

All new or replacement roof guttering is to comply with the requirements of the Building Code of Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected roof water does not flow back into the building.

17. USE OF RENEWABLE TIMBERS

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

18. ENERGY EFFICIENCY AND CONSERVATION

The following energy efficiency and conservation requirements apply to the development:

(a) Insulation with a minimum R3.0 rating being provided to the entire roof or ceiling of the building.

(b) Bathroom taps being AAA rated as defined by the Australian Standard MP 64 - 1995 Manual of assessment procedures for water efficient appliances.

(c) Toilet(s) being dual flush as defined by the Australian Standard MP 64 1995 - Manual of assessment procedures for water efficient appliances.

Details of the above shall be contained within the Construction Certificate documentation to the Principal Certifying Authority's satisfaction prior to the issue of the Construction Certificate.

19. TREE PLAN

A landscape plan is to be submitted with the Construction Certificate showing the location of all trees on the land in relation to the proposed development, including trees to be removed. All trees and shrubs identified for retention and within 7.5m of the building work are to be provided with a tree guard and a notice on each guard indicating "This tree is the subject of a Tree Preservation Order by Waverley Council." This notice is to be in place prior to commencement of any building or demolition work. Only trees with the approval of Council for removal may be removed from the site.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

20. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of:

(a) the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or

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

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

21. HOME BUILDING ACT

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

22. CONSTRUCTION SIGNS

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

23. EXCAVATION BELOW FOOTINGS

If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must:

(a) preserve and protect the building from damage; and

(b) if necessary, must underpin and support the building in an approved manner; and

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

24. NO USE OF ORGANOCHLORIN PESTICIDES

The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The

building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

25. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

All site works complying with the occupational health and safety requirements of WorkCover NSW.

26. STOCKPILES

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

27. ALL BUILDING MATERIALS STORED ON SITE

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

28. CONSTRUCTION HOURS

Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends;

(b) Sundays and public holidays; and

(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

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

29. CONSTRUCTION NOISE - PERIODS OF 4 WEEKS OR UNDER

The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 20dB(A) when assessed at any sensitive noise receiver.

30. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS

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

31. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

32. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (DWELLING HOUSES CLASS 1 AND 10

The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate.

MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate.

The specified MANDATORY inspections are:

In the case of a Class 1 and 10 building: (a) at the commencement of building work; (b) after excavation for, and prior to the placement of, any footings; (c) prior to pouring any in-situ reinforced concrete building element; (d) prior to covering of the framework for any floor, roof or other building element; (e) prior to covering any waterproofing in any wet areas; (f) prior to covering any stormwater drainage connections; and (g) after the building work has been completed and prior to any Occupation Certificate being issued in relation to the building.

The following additional inspections are required to be undertaken by the PCA:

(a) sediment control measures prior to the commencement of building work; (b) shoring of excavation works, retaining walls, piers, piling or underpinning works.

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

33. CERTIFICATE OF SURVEY - LEVELS

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

34. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING

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

35. WATER PROOFING

The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier.

Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

36. SMOKE ALARM SYSTEM

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

37. SERVICE PIPES

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

38. TREE PRESERVATION

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

39. TREE PROTECTION

Precautions shall be taken when working near trees to ensure their retention, including the following:

(a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a nominated perimeter.

40. STREET TREE PLANTING - RESIDENTIAL ZONES

Permission is granted for the removal of the street tree subject to the planting of two (2) Callistemon ‘Dawson River’ trees within Fitzgerald Street in accordance with Council's requirements and the following:

(a) the plantings to be a minimum pot size of 25 litres;

(b) the trees are to be planted equal distance between the proposed driveway and the northern boundary of the property in Fitzgerald Street and 59 Birrell Street;

(c) the attached Tree Planting Specifications.

41. EXISTING VEHICLE CROSSING IS TO BE CLOSED

The existing vehicle crossing is to be closed and all work associated with the closure is to be carried out with the approval of, and in accordance with, the requirements of Council.

42. NEW VEHICLE CROSSING

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

43. VEHICULAR ACCESS - FINISHED LEVEL

The finished level at the property boundary on both sides of the vehicle crossing is to match the level of the existing concrete footpath.

44. WORK OUTSIDE PROPERTY BOUNDARY

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

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

45. FINAL OCCUPATION CERTIFICATE

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

46. LIGHTING

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

SITE BOUNDARY EXISTING BACKYARD SITE BOUNDARY

R.L.72050

FOOTPATH 72. 900 1700 900 06 LANDSCAPE VERGE

72. 74. 4 08 58 71. 84 3 2 1 72. NEW GARAGE DOOR AS PER UP 14 HOUSE DA APPROVAL PROPOSED SANDSTONE RETAINING WALL PROPOSED 2.1M HIGH 3 MAGNOLIA HEDGE ALONG A103 CARPORT AS PER HOUSE BOUNDARY FOR PRIVACY DA APPROVAL WEATHERBOARD WALL, PAINT FINISHED

REBUILD EXISTING SANDSTONE WALL AND WINDOW ALIGNED TO END OF EXISTING SANDSTONE WALL AT BOUNDARY 1.32 7

7 110 1.36 450 EXTENT OF APPROVED DA 7000 900 UP 2

FITZGERALD STREET FITZGERALD A103 3090 GARAGE NEIGHBOURS 4990 4090 BACKYARD UP

NEW DRIVEWAY TO COUNCIL REQUIREMENTS 1 EXISTING SANDSTONE WALL SHOWN SOLID 1 APPROVED COLORBOND 2 GARAGE DOOR A103 TIMBER FRAMED 1000 STAIRCASE

7 SITE BOUNDARY 1.32 EXISTING 6 5 SANDSTONE 4 SHOWN SOLID A104 A104 A104

NEIGHBOURS NEIGHBOURS GARAGE LIVING ROOM DRIVEWAY EXISTING NEIGHBOURS

1 08.08.16 DEVELOPMENT APPLICATION No Date Description AMENDMENTS

This drawing is copyright and must not be retained, copied or 8.0.rvt Studio_redesign- park evit\Queens used without the written consent of TERRA PARTNERS. Refer all discrepancies to the Architect for determination. Use RTH figured dimensions in preference to scaling. GROUND FLOOR NO 1 PROPOSED STUDIO 1 : 100 61 BIRRELL STREET, QUEENS PARK

Drawing: Drawing No: GROUND FLOOR PLAN A101/ 1 Scale: 1 : 100 09-08-2016 12:20:30 T E R R A P A R T N E R S ARCHITECTURE + DESIGN ABN: 36 516 327 698

1/365 Edgecliff Rd, Edgecliff, NSW 2027 P.0411 213 474 [email protected] BYTP\R Garage\DRAWINGS Park Drive\Queens C:\Users\Gupta\Google EXISTING BACKYARD

3 SITE BOUNDARY SITE BOUNDARY A103 FULL HEIGHT WINDOW WITH TIMBER FINISHED PRIVACY SCREEN WEATHERBOARD WALL PAINT FINISHED TIMBER FINISHED PRIVACY SCREEN HIGH LEVEL WINDOW 110

KITCHEN EXTENT OF APPROVED DA UP 2 A103 STUDIO PRE FINISHED WALL R.L.74120 SHEETING WITH FIRE RATING 60/60/60 4090

15 14 PAINT FINISHED PVC DOWN PIPE 1 TOILET COLORBOND ROOF OVER A103 STAIRCASE 1551 FITZGERALD STREET FITZGERALD 110

SITE BOUNDARY PRE FINISHED WALL SHEETING WITH FIRE 6 5 RATING 60/60/60 4 A104 A104 450MM TH. EXISTING A104 SANDSTONE WALL BELOW NEIGHBOUR'S LIVING FIRST FLOOR 1 1 : 100

EXISTING BACKYARD SITE BOUNDARY 3 SITE BOUNDARY A103

2 A103

COLORBOND ROOF SHEETING

COLORBOND GUTTER 1 1 08.08.16 DEVELOPMENT APPLICATION A103 COLORBOND BOX No Date Description GUTTER

FITZGERALD STREET FITZGERALD AMENDMENTS 457

This drawing is copyright and must not be retained, copied or 8.0.rvt Studio_redesign- park evit\Queens COLORBOND BOX WEATHERBOARD WALL WITH SITE BOUNDARY GUTTER FIRECHECK 60/60/60 used without the written consent of TERRA PARTNERS. Refer all discrepancies to the Architect for determination. Use 4 6 5 H figured dimensions in preference to scaling. EXTENT OF A104 ORT A104 A104 BUILDING UNDER N PROPOSED STUDIO 61 BIRRELL STREET, QUEENS PARK ROOF PLAN 2 Drawing: Drawing No: 1 : 100 FIRST FLOOR & ROOF PLAN A102/ 1 Scale: 1 : 100 09-08-2016 12:20:31 T E R R A P A R T N E R S ARCHITECTURE + DESIGN ABN: 36 516 327 698

1/365 Edgecliff Rd, Edgecliff, NSW 2027 P.0411 213 474 [email protected] BYTP\R Garage\DRAWINGS Park Drive\Queens C:\Users\Gupta\Google SITE BOUNDARY SITE BOUNDARY COLORBOND ROOF SITE BOUNDARY SITE BOUNDARY APPROVED RIDGE RL APPROVED RIDGE RL 77060 77060 WEATHERBOARD WALL WITH FIRECHECK 60/60/60 WEATHERBOARD WALL PAINT FINISHED TIMBER FINISHED TIMBER FINISHED PRIVACY SCREEN COLORBOND ROOF PRIVACY SCREEN WEATHERBOARD WALL COLORBOND GUTTER PAINT FINISHED LEVEL TOP OF EXISTING LEVEL TOP OF EXISTING SANDSTONE WALL STUDIO SANDSTONE WALL PROPOSED LEVEL 1 FFL TOILET STAIRS PROPOSED LEVEL 1 FFL 74120 74120 SANDSTONE WALL EXISTING SANDSTONE WALL PROPOSED SANDSTONE WALL

NEW COLORBOND GARAGE PROPOSED 2.1M HIGH PROPOSE TIMBER DOOR MAGNOLIA HEDGE ALONG GARAGE DOOR TO MATCH EXISTING TIMBER FENCE GARAGE BOUNDARY FOR PRIVACY F I T Z G E R A L D S T R E E T FOOTPATH BOUNDARY RL BOUNDARY RL 71360 71360

FITZGERALD STREET SECTION A1 1 SECTION A3 1 : 100 3 1 : 100 SITE BOUNDARY SITE BOUNDARY

COLORBOND ROOF APPROVED RIDGE RL 77060 WEATHERBOARD WALL WEATHERBOARD WALL WITH FIRECHECK PAINT FINISHED 60/60/60

METAL FLASHING

LEVEL TOP OF STUDIO EXISTING SANDSTONE WALL PROPOSED LEVEL 1 FFL 74120 SANDSTONE WALL EXISTING SANDSTONE NEW COLORBOND WALL GARAGE DOOR

GARAGE BOUNDARY RL 71360

FITZGERALD STREET

1 08.08.16 DEVELOPMENT APPLICATION SECTION A2 No Date Description 2 AMENDMENTS 1 : 100

This drawing is copyright and must not be retained, copied or 8.0.rvt Studio_redesign- park evit\Queens used without the written consent of TERRA PARTNERS. Refer all discrepancies to the Architect for determination. Use figured dimensions in preference to scaling. PROPOSED STUDIO 61 BIRRELL STREET, QUEENS PARK

Drawing: Drawing No: SECTIONS - I A103/ 1 Scale: 1 : 100 09-08-2016 12:20:33 T E R R A P A R T N E R S ARCHITECTURE + DESIGN ABN: 36 516 327 698

1/365 Edgecliff Rd, Edgecliff, NSW 2027 P.0411 213 474 [email protected] BYTP\R Garage\DRAWINGS Park Drive\Queens C:\Users\Gupta\Google EXISTING ADJOINING 2 STOREY RESIDENTIAL BUILDING OUTLINE SITE BOUNDARY APPROVED RIDGE RL

77060 WEATHERBOARD WALL

original parapet lvl 495 PAINT FINISHED FALSE CEILING

EXTENT OF PRE FINISHED WALL APPROVED DA SHEETING WITH FIRE RATING 60/60/60 STUDIO LEVEL TOP OF EXISTING PROPOSED LEVEL 1 FFL SANDSTONE WALL 74120 REBUILD EXISTING SANDSTONE WALL AND WINDOW ALIGNED TO END OF GARAGE EXISTING SANDSTONE WALL AT BOUNDARY

BOUNDARY RL 71360

SECTION B1 4 1 : 100

COLORBOND APPROVED RIDGE RL SITE BOUNDARY ROOF 77060 WEATHERBOARD WALL PAINT FINISHED

FALSE CEILING

EXTENT OF PRE FINISHED WALL APPROVED DA SHEETING WITH FIRE RATING 60/60/60 PROPOSED TIMBER TOILET KITCHEN GATE TO MATCH LEVEL TOP OF EXISTING EXISTING TIMBER FENCE PROPOSED LEVEL 1 FFL SANDSTONE WALL 74120

GARAGE

BOUNDARY RL 71360

SECTION B2 5 1 : 100

450 APPROVED RIDGE RL BOUNDARY SITE

77060 PRE FINISHED WALL WEATHERBOARD WALL SHEETING WITH FIRE PAINT FINISHED RATING 60/60/60 FALSE CEILING 1 08.08.16 DEVELOPMENT APPLICATION No Date Description

EXTENT OF LEVEL TOP OF AMENDMENTS APPROVED DA STUDIO EXISTING

This drawing is copyright and must not be retained, copied or 8.0.rvt Studio_redesign- park evit\Queens PROPOSED LEVEL 1 FFL SANDSTONE WALL used without the written consent of TERRA PARTNERS. 74120 Refer all discrepancies to the Architect for determination. Use figured dimensions in preference to scaling. NEW WINDOW GARAGE PROPOSED STUDIO 61 BIRRELL STREET, QUEENS PARK

Drawing: Drawing No: BOUNDARY RL SECTIONS - II A104/ 1 71360 Scale: 1 : 100 09-08-2016 12:20:34 T E R R A P A R T N E R S SECTION B3 ARCHITECTURE + DESIGN ABN: 36 516 327 698 6 1/365 Edgecliff Rd, Edgecliff, NSW 2027 P.0411 213 474 [email protected] BYTP\R Garage\DRAWINGS Park Drive\Queens C:\Users\Gupta\Google 1 : 100 APPROVED RIDGE RL EXTENT OF APPROVED RIDGE RL COLORBOND GUTTER APPROVED DA 77060 PRE FINISHED WEATHERBOARD WALL 77060 COLORBOND ROOF AWNING WALL SHEETING PAINT FINISHED WITH FIRE RATING PRIVACY SCREEN INCREASED SETBACK 60/60/60 FOR SOLAR ACCESS PRIVACY SCREEN TIMBER FINISHED PRIVACY SCREEN PROFILE OF EXISTING SANDSTONE WALL LANDSCAPED PRIVACY SCREEN PAINT FINISHED 100DIA PVC DOWN PIPE PROPOSED LEVEL 1 FFL LEVEL TOP OF EXISTING PROPOSED LEVEL 1 FFL SANDSTONE WALL 74120 REBUILD EXISTING SANDSTONE WALL AND 74120 WINDOW ALIGNED TO END OF EXISTING RECYCLED EXISTING SANDSTONE WALL AT BOUNDARY SANDSTONE WALL SANDSTONE WALL PROPOSED 2.1M HIGH MAGNOLIA HEDGE

ALONG BOUNDARY FOR PRIVACY 2760

BOUNDARY RL STREETFITZGERALD BOUNDARY RL 71360 71360

NORTH ELEVATION 1 EAST ELEVATION 1 : 100 2 1 : 100

EXTENT OF COLORBOND ROOFING APPROVED DA APPROVED RIDGE RL TIMBER FRAME WITH INSULATION APPROVED RIDGE RL 77060 77060 INCREASED SETBACK FOR SOLAR ACCESS WEATHERBOARD WALL PRE FINISHED WALL SHEETING PAINT FINISHED WITH FIRE RATING 60/60/60 PROFILE OF EXISTING TIMBER FINISHED SANDSTONE WALL PRIVACY SCREEN

LEVEL TOP OF EXISTING PROPOSED LEVEL 1 FFL SANDSTONE WALL PROPOSED LEVEL 1 FFL 74120 74120 EXISTING WINDOW REMOVED EXISTING TIMBER INFILL WITH RECYCLED PALING FENCE PROPOSED TIMBER SANDSTONE GATE TO MATCH EXISTING TIMBER NEW COLORBOND NEIGHBOURS EXISTING SANDSTONE WALL FENCE GARAGE DOOR GARAGE DOOR

BOUNDARY RL BOUNDARY RL 71360 71360

FITZGERALD STREET

SOUTH ELEVATION WEST ELEVATION 3 4 1 : 100 1 : 100

1 08.08.16 DEVELOPMENT APPLICATION No Date Description AMENDMENTS

This drawing is copyright and must not be retained, copied or 8.0.rvt Studio_redesign- park evit\Queens used without the written consent of TERRA PARTNERS. Refer all discrepancies to the Architect for determination. Use figured dimensions in preference to scaling. PROPOSED STUDIO 61 BIRRELL STREET, QUEENS PARK

Drawing: Drawing No: ELEVATIONS A105/ 1 Scale: 1 : 100 09-08-2016 12:20:35 T E R R A P A R T N E R S ARCHITECTURE + DESIGN ABN: 36 516 327 698

1/365 Edgecliff Rd, Edgecliff, NSW 2027 P.0411 213 474 [email protected] BYTP\R Garage\DRAWINGS Park Drive\Queens C:\Users\Gupta\Google FINISH 1

WEATHERBOARD COLOUR - DARK GREY

APPROVED RIDGE RL 77060

FINISH 2

METAL ROOF SHEETING 4

PROPOSED LEVEL 1 FFL 74120 FINISH 3

FEATURES - SANDSTONE FINISH 3 1

BOUNDARY RL STREETFITZGERALD 71360 FINISH 4

FEATURE SCREENS - TIMBER FINISH

NORTH ELEVATION - FINISHES FINISHES 1 2 1 : 100 1 : 100

1 08.08.16 DEVELOPMENT APPLICATION No Date Description AMENDMENTS

This drawing is copyright and must not be retained, copied or 8.0.rvt Studio_redesign- park evit\Queens used without the written consent of TERRA PARTNERS. Refer all discrepancies to the Architect for determination. Use figured dimensions in preference to scaling. PROPOSED STUDIO 61 BIRRELL STREET, QUEENS PARK

Drawing: Drawing No: NORTH ELEVATION - FINISHES A106/ 1 Scale: 1 : 100 09-08-2016 12:20:35 T E R R A P A R T N E R S ARCHITECTURE + DESIGN ABN: 36 516 327 698

1/365 Edgecliff Rd, Edgecliff, NSW 2027 P.0411 213 474 [email protected] BYTP\R Garage\DRAWINGS Park Drive\Queens C:\Users\Gupta\Google Area

46.46 m² APPROVED SECTION 96 AREA - 34.36 SQ.M.

AREA SUMMARY

SITE AREA - 438.7SQ.M HOUSE:

GROUND FLOOR 124 FIRST FLOOR 75 ATTIC FLOOR 26

TOTAL HOUSE FLOOR AREA 224.0 SQ.M

STUDIO:

STUDIO APPROVED 46

STUDIO PROPOSED 46.5

GRAND TOTAL - 270.5SQ.M

PERMITTED AREA 271SQ.M

OPEN SPACE AREA PROPOSED - 46% 134 + 53 + 19 = 206SQ.M OPEN SPACE AREA REQUIRED - 40% 175.2SQ.M

LANDSCAPE AREA PROPOSED- 30% 134SQ.M OF 438.7SQ.M LANDSCAPE AREA REQUIRED - 15% 65.8SQ.M

PRIVATE OPEN SPACE PROPOSED - >187SQ.M PRIVATE OPEN SPACE REQUIRED - 25SQ.M 1 08.08.16 DEVELOPMENT APPLICATION No Date Description AMENDMENTS

This drawing is copyright and must not be retained, copied or 8.0.rvt Studio_redesign- park evit\Queens used without the written consent of TERRA PARTNERS. Refer all discrepancies to the Architect for determination. Use NORTH figured dimensions in preference to scaling. PROPOSED STUDIO 61 BIRRELL STREET, QUEENS PARK

Drawing: Drawing No: AREA PLAN A107/ 1 Scale: 1 : 100 09-08-2016 12:20:35 T E R R A P A R T N E R S ARCHITECTURE + DESIGN ABN: 36 516 327 698

1/365 Edgecliff Rd, Edgecliff, NSW 2027 P.0411 213 474 [email protected] BYTP\R Garage\DRAWINGS Park Drive\Queens C:\Users\Gupta\Google BEFORE AFTER

EXISTING BACKYARD EXISTING BACKYARD FITZGERALD STREET FITZGERALD STREET GARAGE GARAGE NEIGHBOURS NEIGHBOURS BACKYARD BACKYARD

NEIGHBOURS NEIGHBOURS GARAGE GARAGE DRIVEWAY DRIVEWAY NEIGHBOURS EXISITING NEIGHBOURS EXISITING NEIGHBOURS

NEIGHBOURS NEIGHBOURS LIVING ROOM LIVING ROOM

BEFORE AFTER

EXISTING BACKYARD EXISTING BACKYARD FITZGERALD STREET FITZGERALD STREET GARAGE GARAGE NEIGHBOURS NEIGHBOURS BACKYARD BACKYARD

NEIGHBOURS NEIGHBOURS 1 08.08.16 DEVELOPMENT APPLICATION GARAGE GARAGE No Date Description AMENDMENTS DRIVEWAY DRIVEWAY

This drawing is copyright and must not be retained, copied or 8.0.rvt Studio_redesign- park evit\Queens

NEIGHBOURS EXISITING NEIGHBOURS used without the written consent of TERRA PARTNERS. NEIGHBOURS EXISITING NEIGHBOURS Refer all discrepancies to the Architect for determination. Use figured dimensions in preference to scaling. NEIGHBOURS NEIGHBOURS LIVING ROOM LIVING ROOM PROPOSED STUDIO 61 BIRRELL STREET, QUEENS PARK

Drawing: Drawing No: SHADOW DIAGRAMS - JUNE - I A108/ 1 Scale: 09-08-2016 12:20:36 T E R R A P A R T N E R S ARCHITECTURE + DESIGN ABN: 36 516 327 698

1/365 Edgecliff Rd, Edgecliff, NSW 2027 P.0411 213 474 [email protected] BYTP\R Garage\DRAWINGS Park Drive\Queens C:\Users\Gupta\Google BEFORE AFTER

EXISTING BACKYARD EXISTING BACKYARD FITZGERALDFITZGERALD STREET STREET FITZGERALD STREET

GARAGE FITZGERALD STREET NEIGHBOURS GARAGE BACKYARD NEIGHBOURS BACKYARD

NEIGHBOURS GARAGE NEIGHBOURS GARAGE DRIVEWAY DRIVEWAYDRIVEWAY DRIVEWAY NEIGHBOURS EXISITING EXISITING NEIGHBOURS NEIGHBOURS EXISITING NEIGHBOURS NEIGHBOURS EXISITING NEIGHBOURS

NEIGHBOURS LIVING ROOM NEIGHBOURS LIVING ROOM

BEFORE AFTER

EXISTING BACKYARD EXISTING BACKYARD FITZGERALD STREET FITZGERALD STREET GARAGE GARAGE NEIGHBOURS NEIGHBOURS BACKYARD BACKYARD

1 08.08.16 DEVELOPMENT APPLICATION NEIGHBOURS NEIGHBOURS No Date Description GARAGE GARAGE AMENDMENTS

This drawing is copyright and must not be retained, copied or 8.0.rvt Studio_redesign- park evit\Queens DRIVEWAY DRIVEWAY used without the written consent of TERRA PARTNERS. Refer all discrepancies to the Architect for determination. Use NEIGHBOURS EXISITING NEIGHBOURS NEIGHBOURS EXISITING NEIGHBOURS figured dimensions in preference to scaling.

NEIGHBOURS NEIGHBOURS PROPOSED STUDIO LIVING ROOM LIVING ROOM 61 BIRRELL STREET, QUEENS PARK

Drawing: Drawing No: SHADOW DIAGRAMS - JUNE - II A109/ 1 Scale: 09-08-2016 12:20:37 T E R R A P A R T N E R S ARCHITECTURE + DESIGN ABN: 36 516 327 698

1/365 Edgecliff Rd, Edgecliff, NSW 2027 P.0411 213 474 [email protected] BYTP\R Garage\DRAWINGS Park Drive\Queens C:\Users\Gupta\Google

Application number DA-518/2014/B

Site address 14 Stewart Street, North Bondi

Proposal Modification to approved semi-detached dwelling including new lower ground floor level with media and bathroom and to allow car parking in front yard Approved development Alterations and additions including first floor addition to semi-detached dwelling, carport, driveway and minor ground floor changes description

Date of lodgement 24 June 2016

Owner Mr J Isaacman and Mrs J B Isaacman

Applicant Roger Nahum Architect

Submissions Two submissions received

Issues Car parking; streetscape; and excavation

Recommendation That the application be APPROVED

Site Map

1. PREAMBLE

1.1 Site and Surrounding Locality

The subject site is described as Lot B in DP 106859, known as 14 Stewart Street, North Bondi. The site is rectangular in shape with a north rear boundary to 14 Narrelle Street, eastern side boundary to 12 Stewart Street, south frontage to Stewart Street and west side boundary to 16 Stewart Street. The site contains an approximate area of 219.5m².

Existing on site is a single storey semi-detached dwelling containing a pitched tiled roof. The site contains no vehicular access or parking.

The locality is characterised by a mix of low density residential development, including detached and semi-detached and detached dwellings.

Figure 1: Subject site frontage

Figure 2: Subject site (right of photo) and its adjoining, attached semi to the west of the subject site (left of photo)

1.2 Details of Approved Development

The original application, known as DA-518/2014 for “alterations and additions including first floor addition to semi-detached dwelling, carport, driveway and minor ground floor changes”, was approved on 17 February 2014 by the Development and Building Unit (DBU).

Condition 2 of the development consent provides for general modifications to the approved development and is extracted as follows:

The proposal shall be amended as follows:

(a) The carport and associated driveway are not approved for the following reasons:

 the design and size of the carport and the insufficient distance between the current front setback of the semi-detached dwelling from the street frontage of the site do not satisfy all criteria to allow a carport forward of the front building line set out under control (d) in section 1.10.2 of Part C1 of Waverley Development Control Plan 2012;  the demolition of the front room of the subject semi-detached dwelling to accommodate the carport is contrary to controls (a), (b) and (c) under section 1.10.3 of Part C1 of Waverley Development Control Plan 2012 as it will detrimentally affect the visual quality, design integrity and street presentation of the semi-detached dwelling and its adjoining, attached semi at 16 Stewart Street, resulting in the semis presenting individually rather than as a cohesive pair from the street; and

 the functional length of the proposed car space is insufficient to facilitate a parked vehicle to be contained wholly within the property without overhanging the street verge of Stewart Street.

Amended plans shall show the carport and bin storage room deleted, the front room of the semi- detached dwelling (i.e. ensuite as denoted on the existing ground floor plan on Architectural Drawing No. DA 1-5) retained and the current front building setback area remaining open and landscaped.

(b) In order to minimise the perceived building bulk and scale of the first floor addition and its presence from Stewart Street, the overall height of the roof parapet of the first floor addition shall be limited to RL 25.7 (i.e. a reduction in height of 400mm).

A section 96 modification application, known as DA-518/2014/A to modify the consent to allow car parking in front yard and remove restriction on overall building height of approved first floor addition, was approved by the Waverley Development Assessment Panel on 23 September 2015. The determination of DA-518/2014/A reaffirmed the prohibition of off-street car parking for the site. Condition 2 of the consent was modified as part of the determination of DA-518/2014/A and is extracted as follows:

2. GENERAL MODIFICATIONS (MODIFIED BY DA-518/2014/A)

The proposal shall be amended as follows:

(a) The carport hardstand car space and associated driveway are not approved for the following reasons:

 The design and size of the carport hardstand car space and the insufficient distance between the current front setback of the semi-detached dwelling from the street frontage of the site do not satisfy all criteria to allow a carport hardstand car space forward of the front building line set out under control (d) in section 1.10.2 of Part C1 of Waverley Development Control Plan 2012;  The demolition of the front room of the subject semi-detached dwelling to accommodate the carport hardstand car space is contrary to controls (a), (b) and (c) under section 1.10.3 of Part C1 of Waverley Development Control Plan 2012 as it will detrimentally affect the visual quality, design integrity and street presentation of the semi-detached dwelling and its adjoining, attached semi at 16 Stewart Street, resulting in the semis presenting individually rather than as a cohesive pair from the street; and  The functional length of the proposed car space is insufficient to facilitate a parked vehicle to be contained wholly within the property without overhanging the street verge of Stewart Street.

Amended plans shall show the carport hardstand car space and bin storage room deleted, the front room of the semi-detached dwelling (i.e. ensuite as denoted on the existing ground floor plan on Architectural Drawing No. DA 1-5) retained and the current front building setback area remaining open and landscaped.

(b) In order to minimise the perceived building bulk and scale of the first floor addition and its presence from Stewart Street, the overall height of the roof parapet of the first floor addition shall be limited to RL 25.7 RL 25.9 (i.e. a reduction in height of 400mm 200mm).

The amendments are to be approved by Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

1.3 Proposal

The application has been lodged as a section 96 (2) application and provides for the following modifications to the approved alterations and additions to the semi-detached dwelling:  Delete condition 2(a) of the development consent (as modified by DA-518/2014/A) to allow a hard-stand car space in the front yard of the site. The front room and street facade of the existing semi-detached dwelling will be demolished to accommodate the hardstand car space.  Delete condition 2(b) of the development consent (as modified by DA-518/2014/A) to reinstate the overall building height of the first floor addition submitted in the original application (i.e. from RL 25.900 as approved to RL 26.100).  Addition of basement level of the approved alterations and additions to the semi-detached dwelling comprised of a media room and bathroom, including provision of highlight windows across the eastern elevation of the semi-detached dwelling.  Excavation of part of the southern side passageway of an approximate depth of 800mm.

2. ASSESSMENT

The following matters are to be considered in the assessment of this modification application under sections 79C and 96 of the Environmental Planning and Assessment Act 1979 (the Act).

2.1 Section 96 Considerations

The proposed modifications if approved are substantially the same development as the original consent in accordance with section 96(2)(a) of the Act. Council has consulted any relevant Minister or Authority and notified the application and considered submissions as discussed further in the report.

2.2 Section 79C (1)(a) Planning Instruments and Development Control Plans

The following is an assessment against relevant legislation, environmental planning instruments, including State environmental planning polices (SEPPs), and development control plans.

2.2.1 SEPP 55 Remediation of Land

There is no known history of contamination applicable to the site. The subject site has historically been used for residential purposes. Accordingly, site land contamination is considered unlikely and no further investigation is necessary.

2.2.2 Waverley Local Environmental Plan 2012 (Waverley LEP 2012)

The relevant matters to be considered under the Waverley LEP 2012 for the proposal are outlined below:

Table 1: Waverley LEP 2012 Compliance Table

Provision Compliance Comment Part 1 Preliminary 1.2 Aims of plan The proposal meets the aims of Waverley LEP Yes 2012. Part 2 Permitted or prohibited development Land Use Table The proposal is defined as alterations and R2 Low Density Residential additions to ‘semi-detached dwelling’. Semi- Yes Zone detached dwellings are permitted with consent in the R2 zone. Part 4 Principal development standards 4.3 Height of buildings  The approved building height of the first  8.5m floor addition is at RL 25.900. Yes  The proposal involves reinstating the overall building height of to RL 26.100 as submitted in the original application. 4.4 Floor space ratio and  The approved floor space ratio of the 4.4A Exceptions to floor space development is 0.68:1 OR 150m2 of gross ratio floor area.  0.864:1  The proposed basement level comprises (Max GFA: 189.65m2) Yes 34.4m2 of additional gross floor area.  The proposal increases the overall gross floor area of the development to 184.4m2, which achieves a floor space ratio of 0.84:1. Part 6 Additional local provisions 6.1 Acid sulfate soils The site contains ‘Class 5’ acid sulfate soils. The site is located greater than 500m from land known as containing classes 1, 2, 3 or 4 acid sulfate soils. The proposal does not Yes involve excavation deeper than 5m below AHD. Therefore, the proposed development is not expected to disturb or expose acid sulfate soils. 6.2 Earthworks The extent of excavation is deemed reasonable subject to appropriate conditions of consent being imposed that require the preparation of a dilapidation report and Yes details of shoring and piling being provided prior to the issue of a construction certificate. These conditions will ensure that the proposed excavation minimises disturbance to the stability of the site and its surrounds.

2.2.3 Waverley Development Control Plan 2012 - Amendment No 4 (Waverley DCP 2012)

The relevant matters to be considered under the Waverley DCP 2012 for the proposal are outlined below:

Table 2: Waverley DCP 2012 – Part B General Provisions Compliance Table

Development Control Compliance Comment 8. Transport  The proposed hardstand car space is inconsistent with the following strategies and principles specified under Part B8: o The provision of car parking on-site may not be appropriate in all locations or circumstances and approval will only be granted where the site and locality conditions permit. o Car parking must be designed to complement the design of the building and streetscape to which it relates and incorporate a range of appropriate materials and design. o Where site conditions allow, car parking structures should be located behind the front building line. In some circumstances, car parking structures in Yes front of the building line may not be appropriate for streetscape or design reasons.  The proposal does not satisfy objective (a) under section 8.4 in relation to urban design and streetscape considerations for the provision of off-street car parking.  The proposal will involve removing the street facade of the dwelling, which will result in the subject semi presenting differently to the adjoining, attached semi at 16 Stewart Street, and therefore, will detrimentally affect the overall presentation of the pair of semis from the street. The proposal therefore does not satisfy strategies, principles and objectives relevant to urban design and streetscape considerations.

Table 3: Waverley DCP 2012 – Part C1 Dwelling House, Dual Occupancy, Secondary Dwelling, Semi- Detached Dwelling and Terrace Development Compliance Table

Development Control Compliance Comment 1.1 Height 1.1.1 Flat roof dwelling Yes The proposal reinstates the overall building house height of the first floor addition to 7.06m, which

Development Control Compliance Comment  Maximum overall maintains compliance with the maximum building height of 7.5m building height control of 7.5m for flat roof dwelling houses. 1.1.2 External wall height N/A The first floor addition utilises a predominantly  Maximum external wall flat roof and therefore the external wall height height of 7m control does not apply to this application. 1.2 Setbacks 1.2.1 Front and rear building Yes The proposed basement level is within the lines building footprint of the semi-detached dwelling  Predominant front and does not change the front and rear building building line setbacks of the dwelling.  Predominant rear building line at each floor level 1.2.2 Side setbacks Partial The proposed basement level is set back 900mm  Minimum of 0.9m compliance from the eastern side boundary of the site; however has a nil setback along the western side boundary of the site, which is the common boundary of the pair of semi-detached dwellings. The setback of the basement level will not be discernible given it is below ground level (existing) and therefore the non-compliance with the minimum side setback control does not have any consequence on the perceived building bulk and scale of the development. It is considered acceptable. 1.3 Excavation  Minimum setback of Partial The proposed excavation is set back 900mm 0.9m from side compliance from the eastern side boundary of the site; boundaries however has a nil side setback along the western side boundary of the site. Conditions of consent are recommended to ensure that the excavation works do not damage any improvement of adjoining properties. 1.4 Streetscape and visual impact Objective (b): No The proposed demolition of the front room and To encourage alterations and street façade of the semi-detached dwelling for additions to existing the purposes of accommodating a car parking attached and semi-detached space remains unsatisfactory with regard to dwelling houses to maintain objective (b) for semi-detached dwellings in that design integrity and ensure it will result in the subject and the adjoining, that they visually present as attached semis presenting individually rather pairs or groups of dwellings. than as a cohesive pair from the street. On this basis, the demolition of the front room will detract from the appearance of the subject semi, and accordingly, the proposed hardstand car space cannot be supported. Therefore, condition 2(a) of the development consent is recommended to be maintained.

Development Control Compliance Comment 1.6 Semi-detached dwellings and terrace style development 1.6.1 Built form No The proposed demolition of the street façade of the semi-detached dwelling will not maintain the original style, form and detail of the dwelling and fail to provide cohesion between paired semi- detached dwellings. The proposal therefore fails to satisfy objective (a) under section 1.6.1. 1.6.2 First floor additions to Yes (by  The roof parapets of the addition have a semi-detached dwellings condition) height of 700mm, which was considered excessive in terms of accentuating the perceived building bulk and scale of the addition and its associated presence from the street. Accordingly, condition 2(b) was imposed to limit the height of the parapet to RL 25.700, which is a reduction of 400mm from height proposed in the original application.  Condition 2(b) was modified by the determination of the previous section 96 modification application (i.e. DA- 518/2014/A) to change the reduction of overall height of the roof parapet from 400mm to 200mm (i.e. RL 25.900). The proposal seeks to completely delete the requirement, which is considered unreasonable. The restriction on the height of the roof parapet of the first floor addition is necessary to reduce the overall building bulk and scale of the addition from the street. Therefore the condition is recommended to be maintained in the consent. 1.8 Visual and acoustic privacy  Window openings Yes The proposed high-light windows across the eastern elevation of the basement level of the semi-detached dwelling will not impact on the visual privacy of the adjoining property to the east of the site as sightlines through the windows to the adjoining property will be obscured by the boundary fence. 1.11 Car parking 1.11.1 Parking rates Yes One space proposed. Notwithstanding, in Maximum rates: accordance with control (b), a nil parking rate is  1 space for 2 or less applied to the site in this instance. bedrooms  2 spaces for 3 or more bedrooms 1.11.2 Location Yes The proposed hardstand car space is not consistent with all of the relevant exceptions to

Development Control Compliance Comment  Behind front building line the hierarchy of preferred car parking locations for new dwellings set out in control (d) given:  Consistent with  the proposed hardstand is 3.5m wide, and hierarchy of preferred will occupy 58% of the street frontage of the car parking locations site, exceeding the maximum control of 45% of the width of the site frontage  the minimum distance between the front of the semi and the street frontage is 3.65m, which is less than the minimum distance of 5.4m. 1.11.3 Design Yes The front room of the semi is proposed to be demolished to accommodate the hardstand car space. There are no mitigating measures available to make the hardstand and the alterations to the street facade of the semi cohesively integrate with the current design of the subject semi and its adjoining, attached semi at 16 Stewart Street. 1.11.4 Dimensions Yes The dimensions of the car parking space are  5.4m x 2.4m per vehicle 5.4m long and 3.4m wide. While numerically compliant, Council’s Creating Waverley sub- program does not support the car space in that its functional length would be less than 5.4m, resulting in a parked vehicle overhanging the street verge. 1.11.5 Driveways Yes  One vehicular crossing proposed.  Maximum of one per  The width of the vehicular crossing is 3.5m property at the kerb/gutter line (excluding splays). If  Maximum width of 3m at the car space were to be supported, a the gutter (excluding condition of consent would be splay) recommended restricting the width of the crossing to 3m at the kerb/gutter line. 1.12 Landscaping and open space  Overall open space: 40% Yes  120.2m2 of open space proposed, which is of site area 55% of the site area.  Overall landscaped area: Yes  43.92m2 of landscaped area proposed, which 15% of site area is 20% of the site area.  Front open space: 50%  30m2 of open space proposed, which is 100% of front building setback Yes of the front building setback area. area  Front landscaped area: No  2.1m2 of landscaped area proposed, which is 50% of front open space 7% of the front building setback area. provided

The following is a detailed discussion of the issues identified in the compliance tables above in relation to the Waverley DCP 2012.

Car parking

The application effectively seeks a further review of the refusal of the hardstand car space in the front yard area of the site. The car space has not been supported on two separate occasions on the basis that the car space fails to comply with relevant controls concerning the location, design and functionality of car parking as demonstrated in Table 3. The non-compliances demonstrate that the site is not suitable to provide for off-street car parking. Therefore, the provision of off-site parking remains inappropriate for the site as there is insufficient length to accommodate a vehicle within the front building setback of the semi-detached dwelling without having to remove and alter the street facade of the dwelling. Accordingly, condition 2(a) of the consent is proposed to be maintained.

Landscaping and open space

While the proposed hardstand will not reduce the amount of open space within the front building setback area of the semi-detached dwelling, it will reduce the amount of landscaped area to 2.1m2, which equates to 7% of the front building setback area. The hardstand will reduce the capability of the front yard to accommodate sufficient landscaping in order to soften the appearance of the semi- detached dwelling from the street as well as contribute to the streetscape. Therefore, the hardstand is considered inappropriate.

2.3 Section 79C(1)(b) – Other Impacts of the Development

The proposed development is capable of complying with the BCA.

It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.

2.4 Section 79C(1)(c) – Suitability of the Site for the Development

The site is considered to be suitable for the proposed development.

2.5 Section 79C(1)(d) – Any Submissions

The modification application was notified for 14 days in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development.

Two submissions were received from the following properties in North Bondi:  12 Stewart Street  16 Stewart Street.

The issues raised in the submissions are summarised and discussed below.

Issue: Overshadowing

Response: The proposed modifications will not manifest in discernible additional overshadowing as a result of the proposed change to the height restriction of the first floor addition imposed by condition 2(b) of the consent. The proposed deletion of that condition is not supported in any case.

Issue: Excavation impacts

Response: Noted. The proposed excavation is deemed reasonable on the basis that it can be properly managed by a structural engineer. Conditions of consent are recommended to require the preparation of a dilapidation report and details of shoring and piling being provided prior to the issue of a construction certificate. These conditions will ensure that the proposed excavation minimises disturbance to the stability of the site and its surrounds.

Issue: A full structural and geotechnical report should be submitted

Response: Waverley DCP 2012 requires a geotechnical report where excavation is proposed to exceed 3m in depth and/or near cliff faces and/or for sites that have a slope of 25% or more. In this instance, the maximum depth of the proposed excavation is approximately 2.5m below ground level (existing) and the subject site does not have a slope that is greater than 25% and is not located adjacent to a cliff face. Therefore, a geotechnical report is not required. Notwithstanding, a condition of consent is recommended to require a report to be prepared by a suitably qualified and practising structural engineer that details the proposed methods of excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed excavation works.

Issue: An acoustic report should be prepared and submitted to assess noise impacts from the use of the hardstand car space. Acoustic treatment options should be explored to insulate noise from the use of the hardstand car space.

Response: The hardstand car space is not supported.

Issue: The changes to the street façade of the semi-detached dwelling are contrary to streetscape controls for semi-detached dwelling.

Response: Agreed. The hardstand car space and associated changes to the street façade of the semi- detached dwelling are not supported.

2.6 Section 79C(1)(e) – Public Interest

It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being imposed.

3. REFERRALS

3.1 Creating Waverley - Driveways

Council’s Professional Engineer and Manger of Traffic and Development, Creating Waverley, objected to the original proposed off-street car parking space, noting that the functional length of the proposed car space is insufficient to allow a standard vehicle to park within the property without overhanging the street verge. Given that the proposal does not change the dimensions of the car space, the referral comment remains valid and relevant for the subject application.

Should the Waverley Development Assessment Panel resolve to approve the off-street car parking space, conditions of consent recommended by Creating Waverley should be added to the development consent, which are set out in the Recommendation.

4. SUMMARY

The modification application seeks to review and delete the design changes required by conditions 2(a) and 2(b) imposed when DA-518/2014 for alterations and additions to the semi-detached dwelling at 14 Stewart Street was approved by the Development and Building Unit in relation to the prohibition of off-street car parking and restriction of the overall building height of the approved first floor addition. The application has therefore been referred to the Waverley Development Assessment Panel for determination.

The application also seeks to construct a basement level to the semi-detached dwelling, which has been assessed as acceptable subject to additional conditions being included in the consent.

The assessment of the application confirmed that the site is incapable of accommodating off-street car parking without significant alterations to the semi-detached dwelling. The demolition of the front room and street façade of the semi-detached dwelling, while maintaining the original roof covering over the front room, will impact on the design integrity of the semi-detached dwelling and its adjoining, attached semi at 16 Stewart Street.

The application attracted two submission and the issues raised in the submission have been addressed in the report and in part addressed by way of the Recommendation.

The application has been assessed against the matters for consideration under section 79C(1) and provisions of section 96(2) of the Act, and is recommended for approval, subject to modified conditions set out in the Recommendation.

5. RECOMMENDATION TO WAVERLEY DEVELOPMENT ASSESSMENT PANEL

That the Section 96 Modification Application be APPROVED by the Waverley Development Assessment Panel subject to the Conditions in Appendices A and B of this report.

Report prepared by: Application reviewed and agreed on behalf of the Development and Building Unit by:

Ben Magistrale Arif Faruqi Development Assessment Planner Manager, Development Assessment (North)

Date: 13 October 2016 Date: 14 October 2016

Reason for referral:

3 Applications for review of a decision or modification of a condition (S96 application) made by the Development and Building Unit (DBU) where the DBU does not support the application.

APPENDIX A – CONDITIONS OF CONSENT TO BE MODIFIED

A. Amended/Deleted Conditions

1. APPROVED DEVELOPMENT (MODIFIED BY DA-518/2014/A AND BY DA-518/2014/B))

The development must be in accordance with:

(a) Architectural Plan Nos DA 2-5, DA 3-5, DA 4-5 and DA 5-5, tables and documentation prepared by R.D. Nahum Architect, dated October 2014, and received by Council on 7 November 2014;

(i) As amended by Architectural Plan Nos DA 2-5, DA 3-5, DA 4-5 and DA-5-5 (Issue B) prepared by R.D. Nahum Architect, dated 17 April 2015 and received by Council on 29 April 2015. (MODIFIED BY DA-518/2014/A)

(ii) As amended by Architectural Plan Nos DA2(a)-5A dated June 2016, DA 2-5 C dated 24 June 2016, DA 3-5 B dated 17 April 2015, DA 4-5 B dated 17 April 2015, DA 5-5 C dated October 2014, and DA 5a-5 A dated June 2016, prepared by R.D. Nahum Architect, and received by Council on 24 June 2016; (MODIFIED BY DA-518/2014/B)

(iii) As amended by Architectural Plan titled ‘East-West Section Thru Dwelling’, undated, prepared by R.D. Nahum Architect, and received by 12 October 2016; (MODIFIED BY DA-518/2014/B)

(b) BASIX Certificate; and

(c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part B, Waverley DCP 2012.

Except where amended by the following conditions of consent.

B. New Conditions

4A. EXCAVATION TO BE LIMITED

Excavation shall be limited to that shown in the approved plans. Excavation, proposed or undertaken in the certification or construction of the development, that results in additional habitable or non-habitable floor space (including storage) shall require the submission of a new development application or Section 96 application to modify the approved development. During consideration of this application construction work on site shall cease without prior agreement of Council. Failure to comply with this condition may lead to Council prosecuting or taking a compliance action against the development for breach of its consent. (ADDED BY DA-518/2014/B)

18A. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a

result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate.

Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate. (ADDED BY DA-518/2014/B)

38A. EXCAVATION AND BACKFILLING

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property. (ADDED BY DA-518/2014/B)

38B. EXCAVATION BELOW FOOTINGS

If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must:

(a) preserve and protect the building from damage; and

(b) if necessary, must underpin and support the building in an approved manner; and

(c) must, at least seven days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished. (ADDED BY DA-518/2014/B)

38C. DILAPIDATION REPORTS

Dilapidation surveys must be conducted and dilapidation reports prepared by a practising professional engineer (structural) of all buildings, (both internal and external), including ancillary structures located on land adjoining the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. The survey must identify which properties are within the likely 'zone of influence'.

These properties must include (but are not limited to) 12 and 16 Stewart Street, North Bondi, and any others identified to be in the zone of influence in the Dilapidation Survey.

The dilapidation reports must be completed and submitted to Council and the Principal Certifying Authority with or prior to the Notice of Commencement and prior to the commencement of any development work. The adjoining building owner(s) must be given a copy of the dilapidation report for their building(s) prior to the commencement of any work.

Please note the following:

(a) The dilapidation report will be made available to affected property owners on request and may be used by them in the event of a dispute relating to damage allegedly due to the carrying out of the development.

(b) This condition cannot prevent neighbouring buildings being damaged by the carrying out of the development.

(c) Council will not be held responsible for any damage which may be caused to adjoining buildings as a consequence of the development being carried out.

(d) Council will not become directly involved in disputes between the Developer, its contractors and the owners of neighbouring buildings.

(e) In the event that access for undertaking the dilapidation survey is denied the applicant is to demonstrate in writing to the satisfaction of the Council that all reasonable steps were taken to obtain access to the adjoining property. The dilapidation report will need to be based on a survey of what can be observed externally. (ADDED BY DA-518/2014/B)

38D. USE OF HEAVY EARTH MOVEMENT EQUIPMENT

Excavation works involving the use of heavy earth movement equipment including rock breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday. (ADDED BY DA-518/2014/B)

38E. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER

Bulk excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate. (ADDED BY DA-518/2014/B)

Should the Waverley Development Assessment Panel resolve to approve the off-street car parking space, the conditions set out below should be added to the consent.

4B. DOOR OPENING ACROSS SOUTHERN ELEVATION OF SEMI-DETACHED DWELLING

The new door opening across the southern elevation of the semi-detached dwelling is to open inwards and not encroach upon the proposed hardstand. (ADDED BY DA-518/2014/B) 38F. NEW VEHICLE CROSSING A new vehicle crossing is to be provided to access the proposed hard stand. A separate application is required for the new vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council. (ADDED BY DA-518/2014/B) 38G. VEHICULAR ACCESS – FINISHED LEVEL

The finished level at the property boundary on both sides of the vehicle crossing is to be 50mm above the existing concrete footpath. (ADDED BY DA-518/2014/B)

APPENDIX B – FULL SET OF CONDITIONS

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT (MODIFIED BY DA-518/2014/A AND BY DA-518/2014/B)

The development must be in accordance with:

(a) Architectural Plan Nos DA 2-5, DA 3-5, DA 4-5 and DA 5-5, tables and documentation prepared by R.D. Nahum Architect, dated October 2014, and received by Council on 7 November 2014;

(i) As amended by Architectural Plan Nos DA 2-5, DA 3-5, DA 4-5 and DA-5-5 (Issue B) prepared by R.D. Nahum Architect, dated 17 April 2015 and received by Council on 29 April 2015. (MODIFIED BY DA-518/2014/A)

(ii) As amended by Architectural Plan Nos DA2(a)-5A dated June 2016, DA 2-5 C dated 24 June 2016, DA 3-5 B dated 17 April 2015, DA 4-5 B dated 17 April 2015, DA 5-5 C dated October 2014, and DA 5a-5 A dated June 2016, prepared by R.D. Nahum Architect, and received by Council on 24 June 2016; (MODIFIED BY DA-518/2014/B)

(iii) As amended by Architectural Plan titled ‘East-West Section Thru Dwelling’, undated, prepared by R.D. Nahum Architect, and received by 12 October 2016; (MODIFIED BY DA-518/2014/B)

(b) BASIX Certificate; and

(c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part B, Waverley DCP 2012.

Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS (MODIFIED BY DA-518/2014/A)

The proposal shall be amended as follows:

(a) The carport hardstand car space and associated driveway are not approved for the following reasons:

 The design and size of the carport hardstand car space and the insufficient distance between the current front setback of the semi-detached dwelling from the street frontage of the site do not satisfy all criteria to allow a carport hardstand car space forward of the front building line set out under control (d) in section 1.10.2 of Part C1 of Waverley Development Control Plan 2012;  The demolition of the front room of the subject semi-detached dwelling to accommodate the carport hardstand car space is contrary to controls (a), (b) and (c) under section 1.10.3 of Part C1 of Waverley Development Control Plan 2012 as it will detrimentally affect the visual quality, design integrity and street presentation of the semi-detached dwelling and its adjoining, attached semi at 16

Stewart Street, resulting in the semis presenting individually rather than as a cohesive pair from the street; and  The functional length of the proposed car space is insufficient to facilitate a parked vehicle to be contained wholly within the property without overhanging the street verge of Stewart Street.

Amended plans shall show the carport hardstand car space and bin storage room deleted, the front room of the semi-detached dwelling (i.e. ensuite as denoted on the existing ground floor plan on Architectural Drawing No. DA 1-5) retained and the current front building setback area remaining open and landscaped.

(b) In order to minimise the perceived building bulk and scale of the first floor addition and its presence from Stewart Street, the overall height of the roof parapet of the first floor addition shall be limited to RL 25.7 RL 25.9 (i.e. a reduction in height of 400mm 200mm).

The amendments are to be approved by Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

3. NEW DEVELOPMENT APPLICATION REQUIRED

This consent is for alterations and additions to the existing building only and should during the course of certification or construction a significant amount of the remaining fabric of the building be removed; a new development application will be required and need to comply with the relevant planning controls including BASIX.

4. BONDI - ROSE BAY SAND BODY

This site is located within the Bondi - Rose Bay Sand Body as identified in Council’s Aboriginal Cultural Heritage Study 2009. Should an object of potential Aboriginal or archaeological significance be discovered during the demolition, excavation or construction period associated with this development, works are to immediately cease and the NSW National Parks and Wildlife Service must be contacted. Works may resume on the site pending receipt of express written permission from the NSW National Parks and Wildlife Service. Waverley Council must be notified of any referral to the NSW National Parks and Wildlife Service and be provided with a copy of any subsequent response.

4A. EXCAVATION TO BE LIMITED

Excavation shall be limited to that shown in the approved plans. Excavation, proposed or undertaken in the certification or construction of the development, that results in additional habitable or non-habitable floor space (including storage) shall require the submission of a new development application or Section 96 application to modify the approved development. During consideration of this application construction work on site shall cease without prior agreement of Council. Failure to comply with this condition may lead to Council prosecuting or taking a compliance action against the development for breach of its consent. (ADDED BY DA-518/2014/B)

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

5. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following:

(a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:

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

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

A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/ (b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

(c) Should a section 96 modification result in any change to the total cost of the work, the Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre.

Advisory Note

- A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the development.

6. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $6,000 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work.

This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

7. LONG SERVICE LEVY

A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate.

Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

8. NO BUILDING OR DEMOLITION WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

The building work, or demolition work, must not be commenced until:

(a) A Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A (2) of the Environmental Planning & Assessment Act 1979; and

(b) A Principal Certifying Authority has been appointed and Council has been notified of appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

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

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

9. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Waverley DCP 2012 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.

The builder and all subcontractors shall comply with the approved SWRMP Part 1 and 2 at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on site at all times during construction.

10. EROSION, SEDIMENT AND POLLUTION CONTROL

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

11. STORMWATER MANAGEMENT

Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2012 - Part B prior to the issue of a Construction Certificate.

12. ENGINEERING DETAILS

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

13. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY

A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the extra load of the proposed additions is to be provided to Council or the Accredited Certifier prior to the issue of a Construction Certificate.

14. EXISTING PARTY WALL IS TO BE EXTENDED

The existing party wall is to be extended to the underside of the roof in accordance with the requirements of the Building Code of Australia. The plans are to be notated accordingly prior to the issue of the Construction Certificate to the satisfaction of the Principal Certifying Authority.

15. FENCE NOT TO ENCROACH BEYOND BOUNDARIES

No portion of the proposed fence, including the footings, is to encroach beyond the boundaries of the subject property. Alternatively, documentary evidence that the owner of the adjoining property has no objection to the construction of the party fence wall on the common boundary between these properties is to be submitted to Council prior to the issue of a Construction Certificate.

16. ROOFWATER GUTTERING

All new or replacement roof guttering is to comply with the requirements of the Building Code of Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected roof water does not flow back into the building.

17. BASIX

The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent.

The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate.

The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

18. USE OF RENEWABLE TIMBERS

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

18A. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

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

Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate. (ADDED BY DA-518/2014/B)

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

19. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of:

(a) The name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or

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

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

20. HOME BUILDING ACT

The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not

contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.

21. CONSTRUCTION SIGNS

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

22. NO USE OF ORGANOCHLORIN PESTICIDES

The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

23. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS 2601-2001, Demolition of Structure and a Hazardous Materials Assessment prepared by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:

(a) Outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) Confirm that no asbestos products are present on the subject land; or (c) Particularise a method of safely disposing of the asbestos in accordance with the Code of Practice on how to safely remove asbestos published by WorkCover NSW (catalogue WC03561) (d) Describe the method of demolition; (e) Describe the precautions to be employed to minimise any dust nuisance; and (f) Describe the disposal methods for hazardous materials.

24. DEMOLITION & SITE PREPARATION

Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the NSW Environment Protection Authority (EPA), and with the provisions of:

(a) Work Health & Safety Act 2011; (b) Work Health & Safety Regulation 2011; (c) Protection of the Environment Operations Act 1997 (NSW) and (d) NSW EPA Waste Classification Guidelines 2009.

25. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

All site works complying with the occupational health and safety requirements of WorkCover NSW.

26. MANAGEMENT OF ACIDIC SOIL

Should the subject site show evidence of acid sulphate soils, the following shall apply:

(a) To address issues arising from the natural acidity of the soil on-site, any concrete that is in contact with this soil is to be designed to restrict acid and sulphate attack. The Cement and Concrete Association of Australia Technical Note TN57 is to be adhered to for precautionary measures.

(b) Prior to the commencement of any works, the applicant shall nominate an appropriately qualified Environmental Scientist to supervise the management of acid sulphate soils. The Scientist shall:

i. Provide an acceptance in writing to supervise the aforementioned works to ensure compliance with the relevant conditions of Development Consent. ii. On completion of the works certify that the aforementioned works have been constructed in compliance with the approved plans, specifications and conditions of consent.

(c) The nominated supervising Environmental Scientist shall certify that the management of acid sulphate soil was undertaken in accordance with the Development Consent. Prior to the use or occupation of the building (or Occupation Certificate being issued), the Principal Contractor / Developer shall submit to Waverley Council a copy of the aforementioned Certificate.

27. STOCKPILES

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

28. LOCATION OF BUILDING OPERATIONS

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

29. ALL BUILDING MATERIALS STORED ON SITE

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

30. CONSTRUCTION HOURS

Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends;

(b) Sundays and public holidays; and

(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

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

31. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

32. BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION) ACT - INSPECTIONS (DWELLING HOUSES CLASS 1 AND 10)

The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate.

MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate.

The specified MANDATORY inspections are:

In the case of a Class 1 and 10 building: (a) At the commencement of building work; (b) After excavation for, and prior to the placement of, any footings; (c) Prior to pouring any in-situ reinforced concrete building element; (d) Prior to covering of the framework for any floor, roof or other building element; (e) Prior to covering any waterproofing in any wet areas; (f) Prior to covering any stormwater drainage connections; and (g) After the building work has been completed and prior to any Occupation Certificate being issued in relation to the building.

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

33. CERTIFICATE OF SURVEY - LEVELS

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

34. STRUCTURAL STABILITY OF ADJOINING SEMI-DETACHED DWELLING'S ROOF

Adequate measures are to be undertaken to ensure structural stability and water proofing of the existing roof over the adjoining semi-detached dwelling having particular regard to the following:

(a) Adequate measures are undertaken to secure the existing rafters and ridge to the brickwork of the party wall; and

(b) Adequate measures are undertaken to ensure that the roof where it abuts the extended party wall is water proofed.

35. IN-SINK WASTE DISPOSAL SYSTEMS

The installation of in-sink waste disposal systems is prohibited.

36. WATER PROOFING

The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier.

Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings. 37. SMOKE ALARM SYSTEM

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

38. TREE PRESERVATION

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

38A. EXCAVATION AND BACKFILLING

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property. (ADDED BY DA-518/2014/B)

38B. EXCAVATION BELOW FOOTINGS

If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must:

(d) preserve and protect the building from damage; and

(e) if necessary, must underpin and support the building in an approved manner; and

(f) must, at least seven days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished. (ADDED BY DA-518/2014/B)

38C. DILAPIDATION REPORTS

Dilapidation surveys must be conducted and dilapidation reports prepared by a practising professional engineer (structural) of all buildings, (both internal and external), including ancillary structures located on land adjoining the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. The survey must identify which properties are within the likely 'zone of influence'.

These properties must include (but are not limited to) 12 and 16 Stewart Street, North Bondi, and any others identified to be in the zone of influence in the Dilapidation Survey.

The dilapidation reports must be completed and submitted to Council and the Principal Certifying Authority with or prior to the Notice of Commencement and prior to the commencement of any development work. The adjoining building owner(s) must be given a copy of the dilapidation report for their building(s) prior to the commencement of any work.

Please note the following:

(a) The dilapidation report will be made available to affected property owners on request and may be used by them in the event of a dispute relating to damage allegedly due to the carrying out of the development.

(b) This condition cannot prevent neighbouring buildings being damaged by the carrying out of the development.

(c) Council will not be held responsible for any damage which may be caused to adjoining buildings as a consequence of the development being carried out.

(d) Council will not become directly involved in disputes between the Developer, its contractors and the owners of neighbouring buildings.

(e) In the event that access for undertaking the dilapidation survey is denied the applicant is to demonstrate in writing to the satisfaction of the Council that all reasonable steps were taken to obtain access to the adjoining property. The dilapidation report will need to be based on a survey of what can be observed externally.

(ADDED BY DA-518/2014/B)

38D. USE OF HEAVY EARTH MOVEMENT EQUIPMENT

Excavation works involving the use of heavy earth movement equipment including rock breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday. (ADDED BY DA-518/2014/B)

38E. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER

Bulk excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate. (ADDED BY DA-518/2014/B)

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

39. FINAL OCCUPATION CERTIFICATE

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

40. LIGHTING

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

(b) All external lighting fixtures should be vandal resistant.

(c) Lighting should be carefully considered in areas covered by CCTV to allow for optimum viewing.

(d) Lighting should be free of obstructions, such as tree branches, pipes, etc.

(e) Transition lighting should also be used throughout the site to reduce vision impairment, i.e. impairment caused by walking from dark to light places and light to dark places.

Application number DA-277/2016

Site address Kesser Torah College, Napier Street, DOVER HEIGHTS

Proposal Extension of trading hours of Carl Rose early learning school from approved hours of 8am - 4pm to proposed hour of 8am - 6pm, Monday to Friday. Date of lodgement 28 June 2016

Owner Blake Napier Limited

Applicant Kesser Torah College

Submissions Five submissions

Cost of works Nil – extension of hours only

Issues Existing use rights and submissions

Recommendation That the application be APPROVED subject to conditions of consent attached in Appendix A Site Map

1. PREAMBLE

1.1 Site and Surrounding Locality

The expansive site has frontage to Napier and Blake Streets and also adjoins Rodney Reserve to the east. The site is occupied by Kesser Torah College, accommodating 317 students from Kindergarten to Year 12, as well has a child care centre with capacity of 85 children. Some 45 full time and 45 part time staff work on site. The site contains classrooms, multipurpose hall, open play ground and car parking facilities.

The Yeshiva Synagogue has been subdivided onto a separate lot, however lies on the western side of the site. The subject site is the Carl Rose early learning centre (child care centre) which is located to the north of the site. Adjoining the site on the northern boundary are detached dwellings which front Weonga Road.

Surrounding uses are all residential being predominantly detached one and two storey dwellings which face the subject site.

Figure 1: Subject site viewed from the northern neighbour’s backyard

1.2 Relevant History

Site history:

 DA-623/2011: Change of use of school building to childcare centre with associated landscaping works and acoustic fence was approved by the Land and Environment Court on 9 November

2012 via deferred commencement and was activated 19 December 2012. The conditions included hours of operation being restricted to Monday to Friday 8am to 4pm.

Application history:

 The application was deferred on 8 September 2016 for the applicant to address the following:

o Existing use rights o Acoustic impacts o Updated plan of management o Clarification of staff numbers

 Amended documents addressing the above issues were received by Council on 28 September 2016 and are the subject of the following assessment.

1.3 Proposal

The section 96 application seeks a proposed extension to the hours of operation at Carl Rose Early Learning Centre from 8am to 6pm Monday to Friday.

2. ASSESSMENT

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

2.1 Section 79C (1)(a) Planning Instruments and Development Control Plans

The following is an assessment against relevant legislation, environmental planning instruments, including State environmental planning polices (SEPPs), and development control plans.

2.1.1 Waverley Local Environmental Plan 2012 (Waverley LEP 2012)

The relevant matters to be considered under the Waverley LEP 2012 for the proposed development are outlined below:

Table 1: Waverley LEP 2012 Compliance Table

Provision Compliance Comment Part 1 Preliminary 1.2 Aims of plan The proposal is not inconsistent with the aims Yes of the plan

Part 2 Permitted or prohibited development Land Use Table The proposal is defined as a child care centre, SP2 Educational which is prohibited in the SP2 zone. The Establishment & Place of No building benefits from existing use rights as Public Worship Zone per discussion below.

The following is a detailed discussion of the issues identified in the compliance table above in relation to the Waverley LEP 2012.

Existing Use Rights – Division 10, Sections 106-109 of the EP&A Act 1979 and Part 5 of the EP&A Regulations 2000

The site is currently zoned SP2 Educational Establishment & Place of Public Worship and occupied by an educational establishment and child care centre and has been continually used for such purposes but is prohibited under WLEP2012. As the building is existing, it is considered to be an Existing Use under Part 4 Division 10 of the Environmental Planning & Assessment Act 1979. Clause 42 in Part 5 of the Environmental Planning & Assessment Regulation 2000 allows an existing use to be enlarged, expanded and intensified subject to development consent.

Sections 106 to 109 of the Act defines an “existing use” and details the matters for consideration when application is submitted on a site with existing use rights. The child care use was approved under DA-623/2011 where child care centres were permitted with consent in zone 5(a) Special Uses. It appears that no further applications have been lodged since that time and the building has continuously been used as a child care centre. Thus, there is no evidence to show that there has been any abandonment or cessation of use and thus the development will benefit from existing use rights. As the non-conforming use predates the current statutory instrument the site enjoys the benefits of existing use rights as defined in Division 10 of the EP&A Act 1979.

The Regulations provide that an existing use may only be enlarged, expanded or intensified on the land to which the existing use was erected before the relevant date and must be for the existing use, but does not provide further restrictions/requirements in regard to the assessment of the application. The merit assessment of this development application is therefore to be considered under Section 79C of the Environmental Planning and Assessment Act 1979 having regard to relevant provisions of the LEP and DCP in as much as they control development on surrounding sites.

Planning principles in relation to the assessment of development applications based on existing use rights were stated by Senior Commissioner Roseth in Fodor Investments v Hornsby Shire Council (2005) 141 LGERA 14 have been considered in this assessment. The principle requires the bulk and scale to be considered against surrounding sites, relevance of the existing use building, impacts on adjoining land and internal amenity of the proposal. Although the provisions of Waverley LEP 2012 are not applicable and the relevant controls of the Waverley DCP 2012 are not enforceable, they have been used as guidelines in the assessment of the issues raised in the planning principles.

2.1.2 Waverley Development Control Plan 2012 - Amendment No 4 (Waverley DCP 2012)

The proposal has existing use rights and as such the controls of Development Control Plan 2012 do not apply to the development and a merit assessment must be undertaken to determine acceptability of the proposal. As the works relate to extension of child care centre hours, it would be considered appropriate to assess the application against the following relating to child care centres. The relevant matters to be considered under Waverley DCP 2012 for the proposed development are outlined below:

Table 2: Waverley DCP 2012 – Part F3 Child Care Centres Compliance Table

No change is proposed to the location, internal and external arrangement, number of children or staff of the existing child care centre. The application relates to hours of operation only.

Development Control Compliance Comment 3.4 Management  Maximum hours of Yes Whilst the site is within a special use zone, it 7.00am to 7.00pm in adjoins residential properties to the north and residential areas the proposed hours of operation between 8am and 6pm Monday to Friday will be within the allowable hours. The applicant has submitted a supporting letter from acoustic consultants stating that the previously approved Environmental Noise Assessment for DA- 623/2011 remains applicable to this application which seeks an extension of hours until 6pm as the assessment of noise for the day period is between 7am and 6pm in accordance with the NSW Industrial Noise Policy and relevant Australian Standards.

2.2 Section 79C(1)(b) – Other Impacts of the Development

The proposed development is capable of complying with the BCA.

It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.

2.3 Section 79C(1)(c) – Suitability of the Site for the Development

The site is considered to be suitable for the proposed development.

2.4 Section 79C(1)(d) – Any Submissions

The application was notified for 14 days, in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development. Five submissions were received. The issues raised in the submissions are summarised and discussed below.

Table 3: Summary of submissions received

Property 2 Napier St 13 Napier St 15 Weonga Rd 17 Weonga Rd 19 Weonga Rd

Issue: Noise amenity

Response: The applicant has submitted a letter from the acoustic consultant stating that the original acoustic report has assessed noise impacts during the day period which extends to 6pm and will remain valid for the purposes of the proposed extended hours of operation. Nevertheless, it is proposed that children will remain indoors for the extended hours of 4 to 6pm which will minimise

impacts to surrounding properties. This has been reflected in the amended child care routine which will be included in the consent.

Issue: Hours should be restricted to previous approved hours

Response: The extended hours are supportable and compliant with the DCP.

Issue: Landscaping and privacy buffers along the boundary has not been maintained as required by the previous approval

Response: This application does not seek to change approved landscaping/buffers and it is a matter for Council’s compliance section if the operations do not comply with the approval. The previous conditions in DA-623/2011 approval will be reinforced as part of this consent.

Issue: Current noise from the child care centre is beyond the acceptable levels during outside play time as per original application

Response: The original approval for the child care centre has assessed the acoustic report and the recommendations for mitigating the noise were supported and acoustic certification was required to be submitted as part of the conditions.

Issue: Items thrown over neighbour’s fence

Response: This is a matter between the resident and the operators of the child care centre and not a matter for consideration under this application.

Issue: Illegal parking

Response: This is a matter for Council’s rangers.

Issue: Extending the hours will attract more children and traffic

Response: No change is proposed to the capacity of the child care centre.

2.5 Section 79C(1)(e) – Public Interest

It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being imposed.

3. REFERRALS

No internal or external referral comments were sought.

4. SUMMARY

The application seeks an extension of trading hours for Carl Rose Child care centre from approved hours of 8am - 4pm to proposed hour of 8am - 6pm, Monday to Friday. Five submissions were received in respect to the application which raised issues including noise, illegal parking, additional children and non-compliance with previous conditions of consent. Illegal parking and condition non- compliance is a matter for Council’s rangers and no changes are proposed to the number of children. Noise is considered supportable and the approved acoustic report remains valid for the extension of

operation hours. Moreover, documents have been submitted which indicate that the children will be indoors during the additional hours of operation which will minimise amenity impacts to adjoining residences. The extension of hours is considered modest and supportable on merit subject to conditions of consent.

5. DETERMINATION – DELEGATED AUTHORITY

That the Development Application be APPROVED by the Waverley Development Assessment Panel subject to the Conditions in Appendix A:

Report prepared by: Application determined by:

Bianca Chiu Arif Faruqi Development Assessment Planner Manager, Development Assessment (North)

(Reviewed and agreed on behalf of the Development and Building Unit)

Date: 12 October 2016 Date: 13 October 2016

Reason for referral:

6 Development Applications that, in the opinion of the General Manager or Director Waverley Futures or delegate should be determined by the Panel for public interest reasons.

APPENDIX A – CONDITIONS OF CONSENT

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

The development must be in accordance with:

(a) Operational Management Plan and Noise Management Policy, received by Council on 28 September; and Carl Rose Early Learning Centre Routine, received by Council on 7 October 2016

Except where amended by the following conditions of consent.

2. HOURS OF OPERATION

The hours of operation being restricted to between 8.00am and 6.00pm, Monday to Friday.

3. RELATIONSHIP WITH DEVELOPMENT APPLICATION DA-623/2011

All previous conditions of consent in DA-623/2011 approved by The Land and Environment Court dated 31 October 2012 except where amended by this consent, remain applicable.