part three - Fishers Ghost

PART THREEReports of the Planning and Environment Committee Meeting held at7.30pm on Tuesday, 1 March 2011.APOLOGIESACKNOWLEDGEMENT OF LANDDECLARATIONS OF INTERESTPecuniary InterestsNon Pecuniary – Significant InterestsNon Pecuniary – Less than Significant InterestsITEM TITLE PAGEPART ONE1. WASTE AND RECYCLING SERVICES1.1 Outcome of the Free Recyclables Drop Off Day 20112. ENVIRONMENTAL PLANNING2.1 Amendments to the Growth Centres Biodiversity Certification2.2 Natural Burials Trial by Shoalhaven City Council2.3 Local Government Needs in Responding to Climate Change in NSW – Asummary of report findings2.4 Review of State Environmental Planning Policy (Affordable Rental Housing)20092.5 Metropolitan Plan for Sydney 20362.6 Earth Hour 2011PART TWO3. DEVELOPMENT SERVICES3.1 Development Services Section Statistics - January 20113.2 No.13 Lincoln Street, Minto - Modify Existing Use as a BrothelPART THREE3.3 Nos. 104-106 O’Sullivan Road - Demolition of two existing dwellings and theconstruction of 10 seniors living units

ITEM TITLE PAGEPART FOUR3.4 No. 133 Englorie Park Drive, Glen Alpine3.5 Kooringa Reserve, St. AndrewsPART FIVE3.6 Appointment of Additional Alternate State Members to the Sydney West JointRegional Planning Panel3.7 No. 16 St Johns Road, Campbelltown - Conversion of an existing convent intoa church with associated construction of a car park, fence and buildingadditions3.8 Six to eight storey mixed-use commercial, retail and residential apartmentdevelopment proposal - Lot 3004 DP 1152287, Stowe Avenue, Campbelltown4. COMPLIANCE SERVICES4.1 Legal Status Report4.2 Compliance Services Quarterly Statistics October to December 20115. GENERAL BUSINESS18. CONFIDENTIAL ITEMS18.1 Confidential Information relating to items on the Planning and EnvironmentAgenda 1 March 2011

Minutes of the Planning and Environment Committee held on 1 March 2011PresentApologyCouncillor R Kolkman (Chairperson)Councillor J BourkeCouncillor G GreissCouncillor P HawkerCouncillor M OatesCouncillor R ThompsonGeneral Manager - Mr P TosiActing Director Planning and Environment - Mr A SpoonerDirector Business Services - Mr M SewellManager Environmental Planning - Mr P JemisonManager Development Services - Mr J BaldwinManager Waste and Recycling Services - Mr P MacdonaldManager Community Resources and Development - Mr BMcCauslandCorporate Support Coordinator - Mr T RouenSenior Development Planner - Mr A MacgeeExecutive Assistant - Mrs K Peters(Greiss/Hawker)That the apology from Councillor Matheson be received andaccepted.CARRIEDAcknowledgement of LandAn Acknowledgement of Land was presented by the Chairperson CouncillorKolkman.DECLARATIONS OF INTERESTDeclarations of Interest were made in respect of the following items:Non Pecuniary – Significant InterestsCouncillor Kolkman - Item 3.8 - Six to Eight Storey Mixed-Use Commercial, Retailand Residential Apartment Development Proposal - Lot 3004 DP 1152287, StoweAvenue, Campbelltown - Councillor Kolkman advised that he is a member of theJoint Regional Planning Panel (JRPP)and that he will leave the Chamber and nottake part in debate nor vote on the matter.Councillor Hawker - Item 3.8 - Six to Eight Storey Mixed-Use Commercial, Retail andResidential Apartment Development Proposal - Lot 3004 DP 1152287, StoweAvenue, Campbelltown - Councillor Hawker advised that he is a member of the JointRegional Planning Panel (JRPP)and that he will leave the Chamber and not take partin debate nor vote on the matter.

Manager Development Services - Item 3.8 - Six to Eight Storey Mixed-UseCommercial, Retail and Residential Apartment Development Proposal - Lot 3004 DP1152287, Stowe Avenue, Campbelltown - The Manager Development Servicesadvised that he is the Assessing Officer of the Joint Regional Planning Panel(JRPP)and that he will leave the Chamber.Non Pecuniary – Less than Significant InterestsCouncillor Greiss - Item 3.7 - No.16 St Johns Road, Campbelltown - Conversion ofan Existing Convent into a Church with Associated Construction of a Car Park, Fenceand Building Additions - Councillor Greiss advised that he is a member of the CopticChurch at Long Point and that he will remain in the Chamber.

3.3 Nos. 104-106 O’Sullivan Road - Demolition of two existingdwellings and the construction of 10 seniors living unitsReporting OfficerManager Development ServicesAttachments1. Recommended conditions of consent2. Locality plan3. Existing site plan4. Proposed site plan5. Site elevations6. Units 1-8: Front and rear elevations7. Units 1-8: Side elevations8. Units 9-10: Elevations9. Units 1-4: Floor plans10. Units 5-8: Floor plans11. Units 9-10: Floor plans12. Landscape plan13. Shadow diagramPurposeTo assist Council in its determination of the subject modification application inaccordance with the provisions of the Environmental Planning and Assessment Act1979.Property DescriptionApplication NoApplicantOwnerStatutory ProvisionsLots 5 & 6 DP 29928, Nos.104 & 106 O'Sullivan Road,Leumeah1653/2010/DA-SLMr Michael BrownMr George SeghabiState Environmental Planning Policy (Housing for Seniorsor People with a Disability) 2004Campbelltown (Urban Area) Local Environmental Plan2002Campbelltown (Sustainable City) Development ControlPlan 2009State Environmental Planning Policy (BuildingSustainability Index)Greater Metropolitan Regional Environmental Plan No. 2 –Georges River Catchment

Other ProvisionsDate Received 4 August 2010Campbelltown 2025 Looking ForwardReportIntroductionCouncil has received a development application for the demolition of two existingdwellings and the construction of 10 seniors living units at Nos.104 & 106 O’SullivanRoad, Leumeah.The SiteThe subject site consists of two allotments with a combined area of 1589.3 squaremetres and is located on the northern side of O’Sullivan Road, approximately 150metres from the intersection with Pembroke Road. The site is generally rectangularin shape with the average dimensions 30.6 metres (width) x 52.8 metres (depth).The site slopes from the front to the rear. Existing vegetation on the site consists of alarge cypress tree at the front, two liquidambar trees at the rear of the site andvarious small shrubs located at the front and rear. Development adjoining the site toboth the sides and to the rear comprises of detached dwelling houses.The ProposalThe proposed development consists of the following:The demolition of two existing dwellings;The removal of one liquidambar tree from the rear of the site. The height of thetree is of approximately 6 metres and has a spread of approximately 4 metres;The construction of 10 seniors living units comprising of 4 two bedroom unitsand 4 one bedroom units in a two storey building located towards the front ofthe site, each of these units are on one level only (Units 1-8); and 1 twobedroom unit and 1 studio unit (Units 9-10) located at ground level at the rearof the site;The construction of 10 carports and 2 visitor car parking spaces at the rear ofthe site; andLandscaping and site works.AssessmentThe application has been assessed having regard to the matters for considerationunder Section 79C of the Environmental Planning and Assessment Act 1979 (EP&AAct). Section 79C(1)(a) requires that Council consider the provisions ofenvironmental planning instruments, development control plans and other legislationwhen making its determination of an application. Assessment of the applicationincludes consideration of the impacts the development may have on the surroundingnatural and built environments.

i. Campbelltown 2025 Looking Forward‘Campbelltown 2025 Looking Forward’ is a vision statement of broad town planningintent for the longer term future of the City of Campbelltown that:Responds to what Council understands people want the City of Campbelltownto look, feel and function like;Recognises likely future government policies and social and economic trends;andSets down the foundations for a new town plan that will help achieve thatfuture.The document establishes a set of strategic directions to guide decision making anddevelopment outcomes. These directions are broad in nature and form a prelude to anew statutory town plan for the City.The strategic directions relevant to this application are:Growing the Regional City;Building a distinctive Campbelltown sense of place; andCreating employment and entrepreneurial opportunities.The proposed development is generally consistent with these directions.Some of the relevant desired outcomes of the vision included in Campbelltown 2025include:Urban environments that are safe, healthy, exhibit a high standard of design,and are environmentally sustainable;An impression of architecture that engages its environmental context in asustainable way; andDevelopment and land use that matches environmental capacity and capability.The proposed development has been assessed giving regard to Campbelltown 2025Looking Forward. It is considered that the Development Application is generallyconsistent with the Vision's desired outcomes when giving regard to the design andlevel of impact on adjoining development and the locality.ii. Campbelltown (Urban Area) Local Environmental Plan 2002The subject site is zoned 2 (b) Residential B Zone under the provisions ofCampbelltown (Urban Area) Local Environmental Plan 2002. The proposeddevelopment is defined as “multi dwelling housing” and is permissible with Council’sdevelopment consent within the zone.The proposal is consistent with several zone objectives, particularly:

(a)(b)(c)to make general provision for land to be used for housing andassociated purposes;to permit the development of a range of housing types; andto encourage a variety of forms of housing that are higher in densitythan traditional dwelling houses, including accommodation for olderpeople and people with disabilities, in locations which areaccessible to public transport, employment, retail, commercial andservice facilities.It is a requirement of the Campbelltown (Urban Area) Local Environmental Plan 2002that the proposed development must be consistent with at least one of the zoneobjectives in order for Council to grant development consent. It is considered that theproposed development is consistent with a number of zone objectives and ispermissible in the zone, therefore Council is able to grant consent to the proposeddevelopment should it deem it appropriate to do so.iii.State Environmental Planning Policy (Housing for Seniors or People witha Disability) 2004 (Seniors Housing SEPP)Clause 2 of the Seniors Housing SEPP, outlines that the Policy aims to:(a)(b)(c)increase the supply and diversity of residences that meet the needsof seniors or people with a disability;make efficient use of existing infrastructure and services; andbe of good design.These aims are to be achieved by:(a)(b)(c)setting aside local planning controls that would prevent thedevelopment of housing for seniors or people with a disability thatmeets the development criteria and standards specified in thisPolicy;setting out design principles that should be followed to achieve builtform that responds to the characteristics of its site and form; andensuring that applicants provide support services for seniors orpeople with a disability for developments on land adjoining landzoned primarily for urban purposes.Clause 4 of the Seniors Housing SEPP, outlines that the Policy applies to land that iszoned primarily for urban purposes or that adjoins land zoned primarily for urbanpurposes, and on which development of any of the following is permitted:dwelling houses;residential flat buildings;hospitals; and

development of a kind identified in respect of land zoned for special uses,including (but not limited to) churches, convents, educational establishments,schools and seminaries.The Policy also applies to land if it is being used for the purposes of a registeredclub.The subject site is zoned primarily for urban purposes given that the land is zoned2(b) Residential B Zone, pursuant to Campbelltown (Urban Area) LocalEnvironmental Plan 2002 (LEP 2002). Accordingly the Seniors Housing SEPPapplies to the subject land.The proposed development is characterised as an “in-fill self-care housing”development, comprising of 10 self-contained dwellings, consistent with the definitionat Clause 13 of the Seniors Housing SEPP shown below:(1) General term: “self-contained dwellingIn this Policy, a self-contained dwelling is a dwelling or part of abuilding (other than a hostel), whether attached to another dwelling ornot, housing seniors or people with a disability, where private facilities forsignificant cooking, sleeping and washing are included in the dwelling orpart of the building, but where clothes washing facilities or other facilitiesfor use in connection with the dwelling or part of the building may beprovided on a shared basis.(2) Example: “in-fill self-care housing”In this Policy, in-fill self-care housing is seniors housing on land zonedprimarily for urban purposes that consists of 2 or more self-containeddwellings where none of the following services are provided on site aspart of the development: meals, cleaning services, personal care, nursingcare.Clause 15 of the Seniors Housing SEPP, allows seniors housing, despite theprovisions of any other Environmental Planning Instrument on certain land, if thedevelopment is carried out in accordance with the Policy i.e.(a)(b)development on land zoned primarily for urban purposes for thepurpose of any form of seniors housing, anddevelopment on land that adjoins land zoned primarily for urbanpurposes for the purpose of any form of seniors housing consistingof a hostel, a residential care facility or serviced self-care housing.As the subject site is zoned 2 (b) Residential B Zone, pursuant to Campbelltown(Urban Area) Local Environmental Plan 2002, being land zoned primarily for urbanpurposes, it is considered that the proposal is permissible pursuant to Clause 15 ofthe Seniors Housing SEPP.Clause 18 of the Seniors Housing SEPP, outlines that a Consent Authority must notgrant Development Consent to seniors housing, unless certain criteria are met i.e.

(1) Development allowed by this Chapter may be carried out for theaccommodation of the following only:(a)(b)(c)seniors or people who have a disability;people who live within the same household with seniors orpeople who have a disability;staff employed to assist in the administration of and provisionof services to housing provided under this Policy.(2) A consent authority must not consent to a development applicationmade pursuant to this Chapter unless:(a)(b)a condition is imposed by the consent authority to the effectthat only the kinds of people referred to in subclause (1) mayoccupy any accommodation to which the application relates;andthe consent authority is satisfied that a restriction as to userwill be registered against the title of the property on whichdevelopment is to be carried out, in accordance with section88E of the Conveyancing Act 1919, limiting the use of anyaccommodation to which the application relates to the kindsof people referred to in subclause (1).The recommended conditions of consent contained in Attachment 1 includeconditions 15 and 56 which address these requirements.Parts 2, 3 and 4 of the Seniors Housing SEPP outline various site related designprinciples and development standards. These matters have been considered and thefollowing Table details how the proposal responds to each of the relevantrequirements of the Seniors Housing SEPP.Criteria Proposed CommentClause 26 – Location and Access to Facilities(1) A consent authority must not consent to adevelopment application made pursuant to thisChapter unless the consent authority is satisfied,by written evidence, that residents of the proposeddevelopment will have access that complies withsubclause (2) to:(a) shops, bank service providers and other retailand commercial services that residents mayreasonably require, and(b) community services and recreation facilities,and(c) the practice of a general medical practitioner.(2) Access complies with this clause if:(a) the facilities and services referred to insubclause (1) are located at a distance of notmore than 400m from the site of the proposeddevelopment that is a distance accessible bymeans of a suitable access pathway and theThe site is locatedapproximately 370m fromthe Leumeahneighbourhood shoppingarea, which includes achemist, bakery, fast foodoutlets, grocery andspeciality stores. Anexisting footpath providessuitable access from thesite.The approximate overallgradient for the existingpathway is 1:34.The proposal satisfies theaccess to facilitiesrequirements.

Criteria Proposed Commentoverall average gradient for the pathway is nomore than 1:14, although the following gradientsalong the pathway are also acceptable:(i) a gradient of no more than 1:12 for slopesfor a maximum of 15m at a time,(ii) a gradient of no more than 1:10 for amaximum length of 5m at a time,(iii) a gradient of no more than 1:8 for distancesof no more than 1.5m at a time, or(b) in the case of a proposed development on landin a local government area within the SydneyStatistical Division—there is a public transportservice available to the residents who willoccupy the proposed development:(i) that is located at a distance of not morethan 400 metres from the site of theproposed development and the distance isaccessible by means of a suitable accesspathway, and(ii) that will take those residents to a place thatis located at a distance of not more than400 metres from the facilities and servicesreferred to in subclause (1), and(iii) that is available both to and from theproposed development at least oncebetween 8am and 12pm per day and atleast once between 12pm and 6pm eachday from Monday to Friday (both daysinclusive),and the gradient along the pathway from thesite to the public transport services (and fromthe public transport services to the facilities andservices referred to in subclause (1)) complieswith subclause (3).(3) For the purposes of subclause (2) (b) and (c), theoverall average gradient along a pathway from thesite of the proposed development to the publictransport services (and from the transport servicesto the facilities and services referred to insubclause (1)) is to be no more than 1:14, althoughthe following gradients along the pathway are alsoacceptable:(i) a gradient of no more than 1:12 for slopesfor a maximum of 15 metres at a time,(ii) a gradient of no more than 1:10 for amaximum length of 5 metres at a time,(iii) a gradient of no more than 1:8 for distancesof no more than 1.5 metres at a time.(4) For the purposes of subclause (2): (a) a suitableaccess pathway is a path of travel by means of asealed footpath or other similar and safe meansthat is suitable for access by means of an electricwheelchair, motorised cart or the like, and (b)distances that are specified for the purposes of thatsubclause are to be measured by reference to thePublic bus transport isavailable within 400m thatwould take residents towithin 400m of bankservices and a generalmedical practitioner.The approximate overallgradient for the existingpathway is 1:34.

Criteria Proposed Commentlength of any such pathway.Clause 28 – Water and SewerA consent authority must not consent to adevelopment application made pursuant to thisChapter unless the consent authority is satisfied, bywritten evidence, that the housing will be connected toa reticulated water system and have adequate facilitiesfor the removal or disposal of sewage.Clause 30 – Site analysisClause 31 – Design of in-fill self-care housingClause 32 – Design of residential developmentA consent authority must not consent to adevelopment application made pursuant to thisChapter unless the consent authority is satisfied thatthe proposed development demonstrates thatadequate regard has been given to the principles setout in Division 2.Clause 33 (a) – Neighbourhood amenity andstreetscapeThe proposed development should recognise thedesirable elements of the location’s current character(or, in the case of precincts undergoing a transition,where described in local planning controls, the desiredfuture character) so that new buildings contribute tothe quality and identity of the area.The site is served by areticulated water systemand is connected to sewerservices.A detailed site analysisaccompanied theapplication, in accordancewith the requirements ofthis Clause.The overall design hasbeen reviewed against therelevant requirements andit considered that theproposal satisfies thevarious design principlesof the Seniors HousingSEPP.Discussed below (i.e.Clauses 33 to 39)The proposeddevelopment is consistentwith the existing andfuture likely character ofthe area.The proposal satisfies therequirement. Moreover,recommended condition48 has been includedrequiring the provision of aSection 73 Certificate fromSydney Water prior to anOccupation Certificatebeing issued shouldCouncil decide to supportthe application.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.

Criteria Proposed CommentClause 33 (c) – Neighbourhood amenity andstreetscapeThe proposed development should maintainreasonable neighbourhood amenity and appropriateresidential character by:(i) providing building setbacks to reduce bulk andovershadowing, and(ii) using building form and siting that relates to thesite’s land form, and(iii) adopting building heights at the street frontage thatare compatible in scale with adjacent development.Clause 33 (d) – Neighbourhood amenity andstreetscapeThe proposed development should be designed sothat the front building of the development is set back insympathy with, but not necessarily the same as, theexisting building line.Clause 33 (e) – Neighbourhood amenity andstreetscapeThe proposed development should embody plantingthat is in sympathy with, but not necessarily the sameas, other planting in the streetscape.Clause 33 (f) – Neighbourhood amenity andstreetscapeThe proposed development should retain, whereverreasonable, major existing trees.The proposal hasprovided building setbacksfrom front side and rearboundaries that reducebulk and overshadowing.The overall design andlayout has givenappropriate regard to theexisting levels of the site.The development has twostorey components at thefront and single storey tothe rear, which iscompatible with existingdevelopment in the area.The proposed frontsetback is set on a'skewed angle' from thefront boundary and rangesfrom 4.98m to 9.5m and isin sympathy with theexisting building line of thestreetscape.The application has beenaccompanied by adetailed landscape plan,which provides forlandscaping in scale withexisting developments inthe area.The proposal involves theremoval of one tree andthe retention of two majorexisting trees. The liquidamber tree to be removedis approximately 6 metreshigh and is located at therear of the site in thelocation of the proposedcar ports. Landscapingand tree planting isproposed to mitigateagainst the loss ofvegetation.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.

Criteria Proposed CommentClause 34 – Visual and Acoustic PrivacyThe proposed development should consider the visualand acoustic privacy of neighbours in the vicinity andresidents by:(a) appropriate site planning, the location and designof windows and balconies, the use of screeningdevices and landscaping, and(b) ensuring acceptable noise levels in bedrooms ofnew dwellings by locating them away fromdriveways, parking areas and paths.Clause 35 – Solar access and design for climateThe proposed development should:(a) ensure adequate daylight to the main living areasof neighbours in the vicinity and residents andadequate sunlight to substantial areas of privateopen space, and(b) involve site planning, dwelling design andlandscaping that reduces energy use and makesthe best practicable use of natural ventilation solarheating and lighting by locating the windows ofliving and dining areas in a northerly direction.Clause 36 – StormwaterThe proposed development should:(a) control and minimise the disturbance and impactsof stormwater runoff on adjoining properties andreceiving waters by, for example, finishing drivewaysurfaces with semi-pervious material, minimisingthe width of paths and minimising paved areas, and(b) include, where practical, on-site stormwaterdetention or re-use for second quality water uses.The proposal maintainsprivacy levels within thelocality and achievessatisfactory levels ofprivacy performance forfuture occupants.Bedroom windowsprimarily face the streetand private open spaceareas. Privacy screensare proposed on secondstorey balconies.Bedrooms are generallyaway from driveways andparking areas.The application has beenaccompanied by shadowdiagrams depicting theextent of overshadowingat the winter solstice. It isconsidered that the extentof the overshadowingupon adjacent propertiesis minimal.Furthermore the northerlyorientation of the site hasbeen utilised wherepossible to maximiseamenity levels for futureoccupants.The application has beenaccompanied by astormwater concept planoutlining the proposedmethods of stormwaterdisposal and threeproposed 10,000Lunderground water tanks.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.Moreover, recommendedcondition 22 has beenincluded requiringcompliance with thestormwater / engineeringrequirements of theCampbelltown(Sustainable City) DCP2009 should Councildecide to support theapplication.

Criteria Proposed CommentClause 37 – Crime PreventionThe proposed development should provide personalproperty security for residents and visitors andencourage crime prevention by:(a) site planning that allows observation of theapproaches to a dwelling entry from inside eachdwelling and general observation of public areas,driveways and streets from a dwelling that adjoinsany such area, driveway or street, and(b) where shared entries are required, providingshared entries that serve a small number ofdwellings and that are able to be locked, and(c) providing dwellings designed to allow residents tosee who approaches their dwellings without theneed to open the front door.Clause 38 – AccessibilityThe proposed development should:(a) have obvious and safe pedestrian links from thesite that provide access to public transport servicesor local facilities, and(b) provide attractive, yet safe, environments forpedestrians and motorists with convenient accessand parking for residents and visitors.Clause 39 – Waste ManagementThe proposed development should be provided withwaste facilities that maximise recycling by the provisionof appropriate facilities.Clause 40 – Development Standards(2) - The size of the site must be at least 1,000m 2 .Clause 40(3) – The site frontage must be at least 20mwide, measured at the building line.Clause 40(4) – The height of all buildings in theproposed development must be 8m or less.The overall layoutprovides surveillanceopportunities from eachdwelling, minimisespossible entrapment areasand provides a cleardifferentiation betweenprivate and public spaces.The site is locatedapproximately 370m fromLeumeah neighbourhoodshopping area. Moreover,the site is located in closeproximity to bus services,which link to rail servicesand business centres.Safe pedestrian accessand parking has beenproposed for residentsand visitors.The proposed layoutprovides for appropriatebin storage areas behindthe building line for wasteand recycling.Site Area = 1589.3m 2Site Frontage = 30.07mThe maximum height ofthe proposed buildings is8m.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.CompliesCompliesComplies

Criteria Proposed CommentDivision 3 – Clause 41 – Standards for hostels andself-contained dwellingsA consent authority must not consent to adevelopment application made pursuant to thisChapter to carry out development for the purpose of ahostel or self-contained dwellings unless the proposeddevelopment complies with the standards specified inSchedule 3 for such development.Consideration of theproposal indicates that thedevelopment can satisfythe standards of Schedule3.The proposal isconsidered to satisfy therelevant standards, andrecommended condition16 has been includedwithin therecommendation requiringevidence of satisfactorycompliance with theconstruction standards ofSchedule 3 prior to theissue of a ConstructionCertificate.Clause 50 Standards that cannot be used to refusedevelopment consent for self-contained dwellingsClause 50 (a) – Building HeightAll proposed buildings are to be 8m or less in height.Clause 50 (b) – Density and ScaleThe density and scale of the buildings when expressedas a floor space ratio (FSR) are to be 0.5:1 or less.Clause 50 (c) (ii) – Landscaped AreaA minimum of 30% of the site is to be landscaped.Clause 50 (d) – Deep Soil ZonesAn area of not less than 15% of the area of the site isto be a deep soil zone, of which two-thirds of the deepsoil zone should preferably be located at the rear ofthe site.Clause 50 (e) – Solar AccessLiving rooms and private open spaces for a minimumof 70% of the dwellings are to receive a minimum of 3hours direct sunlight between 9am and 3pm in midwinter.Clause 50 (f) (i) – Private Open SpaceNo less than 15m2 of private open space per dwellingis to be provided, and of this open space, one area isnot to be less than 3m long and is accessible from aliving area.The proposed buildingshave a maximum height of8m.The proposeddevelopment has a FSRof approximately 0.41:1The proposal involves thelandscaping ofapproximately 31% of thesite.Approximately 24% of thesite constitutes a deep soilzone of whichapproximately 64% of thetotal area of the deep soilzone is located at the rearof the site.The living areas of 9 of the10 dwellings receive aminimum of three (3)hours of solar access atthe winter solstice, being90% of the dwellings. Each dwelling isserviced by a private openspace area, with aminimum size of 23.7m2and a minimum depth of3m being directlyaccessible from therespective main livingrooms for ground levelunits and Patios for secondstorey units have an areaof 15m2.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.The proposal isconsidered to besatisfactory in this regard.

Criteria Proposed CommentClause 50 (h) – Parking0.5 car parking spaces are to be provided for eachbedroom.The development includes15 bedrooms, therefore 8car parking spaces are tobe provided. 12 carparking spaces areproposed.The proposal isconsidered to besatisfactory in this regard.Therefore in accordance with the information in the above Table, the developmentgenerally complies with the requirements of the Seniors Housing SEPP.iv. Campbelltown (Sustainable City) Development Control Plan 2009The application has been assessed having regard to Council’s Campbelltown(Sustainable City) Development Control Plan 2009 (CSC DCP 2009). The aim of theplan is to identify objectives and design requirements for all aspects of developmentpermissible under Council’s LEPs and IDOs. The aims of the CSC DCP 2009 are:Ensure that the aims and objectives of any relevant EPI includingCampbelltown's LEPs and IDOs are complemented by the Plan;Ensure that the principles of ecological sustainability are incorporated into thedesign, construction and ongoing operation of development;Facilitate innovative development of high quality design and construction in theCity of Campbelltown;Ensure that new development maintains or enhances the character and qualityof the natural and built environment;Ensure that new development takes place on land that is capable of supportingdevelopment;Encourage the creation of safe, secure and liveable environments;Ensure that new development minimises the consumption of energy and otherfinite resources, to conserve environmental assets and to reduce greenhousegas emissions; andProvide for a variety of housing choices within the City of Campbelltown.It is considered that the proposal is compatible with the relevant aims of the plan.The following compliance Table details the assessment of the proposal pursuant tothe relevant requirements of the Campbelltown (Sustainable City) DevelopmentControl Plan 2009 (DCP 2009).

Section Control Requirement Proposed Compliance2.4.1 Rain WaterTanksResidential development isencouraged to provide arain water tank for newbuildings.Three 10,000 litrerainwater tanks proposedfor irrigation purposes.Yes2.5 Landscaping Provision of a detailedlandscape plan, whichshall enhance the visualcharacter of thedevelopment andcomplement the site, andenhance the existingindigenous flora and faunacharacteristics of a sitewherever possible.2.8.1 (a) Cut and Fill A Cut and FillManagement Plan shall beprovided, where thedevelopment incorporatescut and / or fill operations.2.9 Demolition A detailed work plan by asuitably qualified person inaccordance with AS2601-2001 – The Demolition ofStructures shall beprovided.The application has beenaccompanied by a detailedlandscaped plan, whichincludes variousindigenous trees andshrubs.The proposed designfollows the existing groundlevels and involvesminimal earthworks.Details of proposeddemolition have beenprovided, but a detailedwork plan not provided.YesN/ANo. Recommend condition32 has been includedrequiring the submission ofa detailed work plan priorto works commencingshould Council decide tosupport the application.2.12.1(d)FencingFront residential fencingshall be a maximum of1.2m in height andcomplement the design ofthe development.Rear and side boundariesfencing maximum 2.1m inheight.Side and rear fence 1.8mhigh proposed. No frontboundary fence.Yes2.15.1 WasteManagementA detailed WasteManagement Plan shallaccompany multi-dwellingapplications.A detailed WasteManagement Planaccompanied theapplication and issatisfactory.Yes3.3.1 (a) Streetscape Building design (includingfacade treatment, massing,roof design and entrancefeatures), setbacks andlandscaping shallcomplement the scale ofdevelopment, characterand qualities of the desiredstreetscape.3.3.1 (c) Streetscape The built form shall relateto the natural landform andsetting.The overall building designis in keeping with theexisting and future likelycharacter of the area andis considered satisfactory.The proposed designrelates to the existingground levels of the site.YesYes

Section Control Requirement Proposed Compliance3.3.1 (d) Streetscape On-site parking areas shallbe designed and sited toreduce the visualprominence of garagedoors and external parkingspaces as viewed from thestreet or other public place.3.3.1 (e) Streetscape Garage doors facing apublic street shall be nowider that 50% of the widthof the building (at its streetfronting facade).Car parking is to belocated at the rear of thesite behind the buildingline.No garage is located withinthe main street frontage ofthe development.YesYes3.3.2 (a)(i)Building HeightResidential developmentshall not exceed two (2)storeys.The proposeddevelopment is a mixtureof one and two storeys.Yes3.3.2 (a)(ii)Building HeightResidential developmentshall have a height notexceeding 7.2m at theupper most ceilingmeasured vertically fromground level (existing).Development has anuppermost ceiling height of5.7m.Yes3.3.2 (a)(iii)Building HeightResidential developmentshall have a height notexceeding 9.5m at theupper most roof heightmeasured vertically fromground level (existing).Development incorporatesa maximum building heightof 8m.Yes3.3.2 (b) Building Height The height of developmentshall not result in anysignificant loss of amenity(including loss of solaraccess and visual andacoustic privacy) toadjacent properties andpublic places.The height of the proposeddevelopment does notresult in the significant lossof amenity including loss ofsolar access and visualand acoustic privacy toadjacent properties.Yes3.4 (a) Car Parkingand AccessThe minimum externaldimensions of any requiredparking space shall be2.5m x 5.5m.External car parkingspaces have minimumdimensions of 2.5m x 5.5mand comply with relevantstandards includingdisabled car parkingspaces.Yes3.4 (e) Car Parkingand AccessDriveways greater than30m in length as viewedfrom the street shall beavoided.The driveway isapproximately 35m longand leads to the parkingarea located at the rear ofthe site. However thedriveway also incorporatesa turn to reduce theperceived length. Thelength of the driveway tothe turn is 25m.Yes

Section Control Requirement Proposed Compliance3.4 (g)(ii)Car Parkingand AccessThe minimum width of thedriveway at the street kerbshall be 5m where thedriveway provides accessfor three (3) or moredwellings.The driveway is 6m wide atthe street boundary.Yes3.4 (i) Car Parkingand AccessDriveways shall bedesigned perpendicular tothe road.The driveway is shown notto be perpendicular to theproperty boundary. Thisdesign is capable of beingamended to accommodatecompliance with theSCDCP.NoRecommended condition44 has been included thatrequires a separateapplication to be submittedto Council duringconstruction for thedriveway and laybackcrossing.3.4 (j) Car Parkingand AccessPlain concrete drivewaysshall not be permitted.The driveway is of apatterned colouredconcrete finish.Yes3.5.2 (a) Visual Privacy No window of a habitableroom or balcony shalldirectly face a window ofanother habitable room,balcony or private openspace of another dwellinglocated within 6m of theproposed window orbalcony unlessappropriately screened.3.6 (a) Solar Access Living areas shall have anortherly orientation.3.6 (b) Solar Access A minimum of 20m 2 of therequired private openspace area shall receivethree (3) hours ofcontinuous direct solaraccess on 21 June,between 9.00am and3.00pm, measured atground level.No window of habitableroom or balcony directlyfaces window of anotherhabitable room, balcony orprivate open space ofanother dwelling. Further,opaque glassing is to beinstalled on bathroomwindows and privacyscreening is proposed onbalconies.The site's northerlyorientation has beenutilised where possible.Four of the dwellings havea living area with a northfacing window. Balconiesand private open spacehave northerly aspect.In excess of 20m 2 of theprivate open space area of9 dwellings receive morethan three (3) hours ofsolar access at the wintersolstice.Unit 10 would have anarea of approximately 15m 2 receiving three hours ofcontinuous direct solaraccess.YesYesNoAlthough given that theproposal satisfies therelevant requirements ofthe Seniors HousingSEPP, pursuant to Clause50 of the SEPP, Councilcannot refuse adevelopment applicationon the grounds of notsatisfying this control.The Seniors HousingSEPP only requires aminimum private openspace area of 15m 2 beprovided for solar accesspurposes.

Section Control Requirement Proposed Compliance3.6 (c) Solar Access Development shall haveappropriate regard to theimpact on solar access touseable private openspace, solar collectors andclothes drying areas ofadjoining residentialdevelopment.The layout and design ofthe development results inminimal amenity impactson solar access foradjacent dwellings.Yes3.9.1 (a) Site andDensityRequirementsfor MultiDwellingsMulti dwellingdevelopments shall not beerected on land with anarea of less than 700m 2 .Site Area = 1.589.3m 2Yes3.9.1 (c) Site andDensityRequirementsfor MultiDwellingsThe number of dwellingspermitted within a multidwelling development shallnot exceed two (2)dwellings for the first700m 2 of land area and 1dwelling for each 300m 2 ofland area thereafter.Ten (10) dwellings wouldrequire minimum site areaof 3,100m 2 in accordancewith the SCDCP.Site Area = 1,589.3m 2NoAlthough given that theproposal satisfies thedensity requirements ofClause 40 (2) and Clause50 (b) of the SeniorsHousing SEPP, pursuantto Clause 50 of the SEPP,Council cannot refuse adevelopment applicationon the grounds of notsatisfying this control.3.9.1 (f)(i)Site andDensityRequirementsfor MultiDwellingsMulti dwellingdevelopmentsincorporating 3 or moredwellings shall only bepermitted on an allotmenthaving a minimum width of22.5m measured along theside boundaries at adistance of 5.5m from theprimary street boundary.Allotment width = 30.07mYes3.9.1 (f)(ii)Site andDensityRequirementsfor MultiDwellingsMulti dwellingdevelopmentsincorporating 3 or moredwellings shall only bepermitted on an allotmenthaving a minimum width of10m measured betweenthe extended property sideboundaries where theyintersect with the kerb line.Allotment widthapproximately 28.5mYes3.9.1 (f)(iii)Site andDensityRequirementsfor MultiDwellingsMulti dwellingsdevelopment incorporating3 or more dwellings shallonly be permitted on anallotment where no part ofthe allotment is within 50mof the commencement ofthe head of a cul-de-sac towhich vehicular access tothe site is obtained.The site is not within 50mof a cul-de-sac.Yes

Section Control Requirement Proposed Compliance3.9.1 (g) Site andDensityRequirementsfor MultiDwellingsThe total FSR shall notexceed 0.45:1.FSR 0.41:1Yes3.9.1 (h)(i)Site andDensityRequirementsfor MultiDwellingsA multi dwellingdevelopment shall besetback a minimum of5.5m from the primarystreet boundary.The proposed frontsetback is set on a skewedangle from the boundaryand ranges from 4.98m to9.5m (part of centralstairwell is setbackminimum of 4.31m)No. See comments below.3.9.1 (h)(iii)Site andDensityRequirementsfor MultiDwellingsA multi dwellingdevelopment shall besetback a minimum of900mm from any sideboundary for the groundlevel and 1.5m for levelsabove ground level.Front building (2 storey)setback 1.2m.Unit 9 setback 4mUnit 10 setback 5.68mNo. See commentsbelow.3.9.1 (h)(v)Site andDensityRequirementsfor MultiDwellingsA multi dwellingdevelopment shall besetback a minimum of 5mfrom the rear boundary forthe ground level.Rear setback 14mYes3.9.2 (b) GeneralRequirementsfor MultiDwellingsEach multi dwelling unitshall be provided with aminimum of one singlegarage.10 garage spacesrequired.10 under cover car portspaces and 2 open visitors’spaces are proposed.NoAlthough given that theproposal satisfies the carparking requirements ofClause 50 (h) (i) of theSeniors Housing SEPP,pursuant to Clause 50 ofthe SEPP, Council cannotrefuse a developmentapplication on the groundsof not satisfying thiscontrol.3.9.2 (c) GeneralRequirementsfor MultiDwellingsOne (1) external additionalvisitor car parking spaceshall be provided for everytwo (2) units (or partthereof), unless alldwellings within thedevelopment have directfrontage to a public street.5 spaces required.Two visitor’s car parkingspaces are proposed.NoAlthough given that theproposal satisfies the carparking requirements ofClause 50 (h) (i) of the SDSEPP, pursuant to Clause50 of the SEPP, Councilcannot refuse adevelopment applicationon the grounds of notsatisfying this control.3.9.2 (d) GeneralRequirementsfor MultiDwellingsNo visitor car parkingspace shall be locatedforward of the primary orsecondary streetboundary.All spaces located behindthe primary building line.Yes

Section Control Requirement Proposed Compliance3.9.2 (e) GeneralRequirementsfor MultiDwellingsNo visitor car parkingspace shall be in a‘stacked’ configuration.None of the proposed carparking spaces are of a‘stacked’ configuration.Yes3.9.2 (g) GeneralRequirementsfor MultiDwellingsThe total floor areaoccupied by all bedrooms(and / or rooms capable ofbeing used as a bedroom)within each dwelling shallnot exceed 35% of thetotal floor space of thatdwelling.Approximately 26% for thedouble bedroom dwellingsand approximately 20% forthe single bedroomdwellings in double storeybuilding. Unit 9 – 28%,Unit 10 – 30%.Yes3.9.2 (h)(i)GeneralRequirementsfor MultiDwellingsEach multi dwelling unitshall be provided with anarea or areas of privateopen space that are notlocated within the primarystreet setback.The private open spaceareas for each dwelling arelocated in rear setbackareas of each unit.Yes3.9.2 (h)(ii)GeneralRequirementsfor MultiDwellingsEach multi dwelling unitshall be provided with anarea or areas of privateopen space that have aminimum area of 60m 2 .Each dwelling is servicedby a private open spacearea, with a minimum sizeof 15m 2 .NoAlthough given that theproposal satisfies theprivate open spacerequirements of Clause 50(f) (i) of the SeniorsHousing SEPP, pursuantto Clause 50 of the SEPP,Council cannot refuse adevelopment applicationon the grounds of notsatisfying this control.3.9.2 (h)(iii)GeneralRequirementsfor MultiDwellingsEach multi dwelling unitshall be provided with anarea or areas of privateopen space that have aminimum width of 3m.Each private open spacearea has a minimum widthof 3m.Yes3.9.2 (h)(iv)GeneralRequirementsfor MultiDwellingsEach multi dwelling unitshall be provided with anarea or areas of privateopen space that include aminimum levelled area of5m x 5m.Varying sizes from 15 m 2to 33m 2 none withminimum levelled area of5m x 5m.NoAlthough given that theproposal satisfies theprivate open spacerequirements of Clause 50(f) (i) & (ii) of the SeniorsHousing SEPP, Councilcannot refuse adevelopment applicationon the grounds of notsatisfying this DCP control.3.9.2 (h)(v)GeneralRequirementsfor MultiDwellingsEach multi dwelling unitshall be provided with anarea or areas of privateopen space that have aninternal living room directlyaccessible to outdoorprivate open space areas.Each private open spacearea is directly accessiblefrom living rooms.Yes

Section Control Requirement Proposed Compliance3.9.2 (h)(vi)GeneralRequirementsfor MultiDwellingsEach multi dwelling unitshall be provided with anarea of private open spacethat satisfies the solaraccess requirementscontained in Section 3.6.See above 3.6 (b).3.9.2 (i) GeneralRequirementsfor MultiDwellingsNo part of an outdoor livingarea is permitted to belocated within the primaryor secondary streetsetback area.The private open spaceareas for each unit arelocated in to the rear ofeach of the units.Yes3.9.2 (k) GeneralRequirementsfor MultiDwellingsMulti dwellings shall satisfythe following additionalprovisions relating tostreetscape: architectural features(such as balconies,openings, columns,porches, colours,materials etc) andarticulation in walls areto be incorporated intothe front facade of eachdwelling;The front facade of thebuilding is articulated andconsists of architecturalfeatures that are of asimilar form to adjoiningand future likedevelopments.Approximately 30% of thearea forward of thebuilding alignment, is of animpervious finish.Yes no more than 30% ofthe area forward of anybuilding alignment shallbe surfaced withimpervious materials.3.9.2 (l) GeneralRequirementsfor MultiDwellingsMulti dwellings shall satisfythe following requirementsrelating to landscape: a detailed landscapedesign plan shall besubmitted by a suitablyqualified person withthe developmentapplication; andThe application wasaccompanied by a detailedlandscape design plan.Approximately 24% of thesite has been madeavailable for deep soilplanting.Yes a minimum of 20% ofthe total site area shallbe available for deepsoil planting.

Section Control Requirement Proposed Compliance3.9.2(m)GeneralRequirementsfor MultiDwellingsMulti dwellingsdevelopment shall satisfythe following architecturalrequirements: a distinctivearchitectural outcomethat unifies the range ofbuilding elements anddiversity within thedevelopment and whichalso harmonises withsurroundingdevelopment;The overall design of theproposed development issimilar in terms of its finish,and bulk and scale,compared to existing andlikely future developmentsin the locality.The front facade and roofform are articulated, andprovide "depth" to theoverall design.Yes incorporation ofvariations in roofheights and wall planesto avoid long unbrokenridge lines; incorporation of facadeshifts and articulation,varied materials andcolours in order to avoidduplication of the samebuilding elements; and provision of windowsand active spaces inthe building ends, toprovide additionalsecurity and visualinterest.3.9.4 (a) Multi Dwellingsand WasteManagementMulti dwelling developmentshall make provision forindividual waste storage,allocated behind theprimary and secondarybuilding alignment out ofpublic view, for thefollowing:A bin storage area hasbeen proposed behind thebuilding alignment out ofpublic view.Yes a 140 litre bin; and two (2) 240 litre bins3.7.3.4(a)DomesticOutbuildingsDomestic outbuildings,including car ports setbackzero metres from side andrear boundaries subject tocompliance with BCACar ports setback 600mmfrom rear and sideboundaries.Yes

The following discusses the non compliances with aspects of CSC DCP 2009.Front SetbackThe proposed front setback is set on a skewed angle and ranges from 4.98 metreson the northern side to 9.5 metres on the southern side. The required SCDCP frontsetback is 5.5 metres from the primary street boundary. Two parts of the buildingextend beyond the front setback: the western corner of the building (area oversetback 1sqm) and the central stairwell (area over setback 2.1sqm). The variationsof the setback distance are 0.52 metres (corner) and 1.19 metres (stairwell) andrepresent variations of 9% and 22% to the standard respectively.Comment – The building area lying over the front setback – 1sqm and 2.1sqm isvery minor. The setback on the southern side of the building has been increased to9.5 metres to allow a mature existing pine tree to be retained in the front setbackarea and the building is placed on a skewed angle to the street. The variation isconsidered to be acceptable having regard to the orientation and dimensions of theallotment and the fact that adequate site distances along the frontage are retained.Side SetbackThe proposed side setback of the front building (Units 1-8) is 1.2 metres. Therequired side setback for multi dwelling units for all levels above ground level is 1.5metres. The variation of the setback distance is 0.3 metres.Comment – The applicant has submitted that a 0.9 metre side setback should applyfor the development as the development type is not-multi dwelling development. Thedevelopment type is defined as “in-fill self-care housing” under the Seniors HousingState Environmental Planning Policy and the definition of “multi dwelling housing”development is the most comparable development type contained in Council’sCampbelltown (Urban Area) Local Environmental Plan 2002 and Council’sSustainable City Development Control Plan 2009. Whilst there may be someinconsistencies in defining the development, the Seniors Housing SEPP does notcontain development standards for side setbacks and Council’s developmentstandards for multi dwellings are the most practically applicable for the developmenttype.Notwithstanding these definition issues, it is considered that the proposed 1.2 metreside setback will not result in a significant loss of amenity as the variation exists for13 metres of the 51 metre side boundary (25%). Also, given that there is good solaraccess and privacy will be maintained the variation is considered to be acceptable.v. State Environmental Planning Policy (Building Sustainability Index)A BASIX Certificate has been provided for the proposed development and therelevant commitments made on the architectural / development plans. Therefore it isconsidered that the proposal is acceptable in this regard.

vi.Greater Metropolitan Regional Environmental Plan No. 2 – Georges RiverCatchmentThe proposal does not conflict with any of the relevant provisions of GreaterMetropolitan Regional Environmental Plan No. 2 – Georges River Catchment, and istherefore considered acceptable in this regard.vii.Campbelltown City Council Section 94A Development Contributions PlanDevelopment contributions are applicable pursuant to the provisions of theCampbelltown City Council Section 94A Development Contributions Plan andaccordingly condition 25 has been included within the recommended conditions,requiring payment of such.viii. Environmental ImpactsSection 79C(1)(b) of the EP&A Act requires Council to consider the “likely impacts ofthat development, including environmental impacts on both the natural and builtenvironments, and social and economic impacts in the locality.” The issues identifiedfor consideration are suitability of the site and car parking and access as discussedbelow.Suitability of the SiteThe proposed development is located in a residential area over two allotments thatare located nearby to the Leumeah neighbourhood shopping area and train station.The site area is sufficient to accommodate the type of proposed development withoutadversely impacting on the amenity of adjoining neighbours.Car Parking and AccessCar parking for the development is located at the rear of the site with a central pavedmanoeuvring area. A driveway provides access to the rear along the southernboundary. There is sufficient room for two vehicles to pass adjacent to each other atthe entry of the driveway before the driveway narrows along the side of the mainbuilding and then connects to the rear paved area. The visual impact of the carparking area as viewed from the street is minimal as it is located behind the buildingline with landscaping along the both sides of the driveway and in front of carportsalong the southern boundary. The visual impact of the car ports on neighbouringproperties is reduced by the car ports being located in groups against each of theside and rear boundaries with vegetation in the rear corners of the site breaking upthe built form. The car port structures do not have a bulky form having a roofsupported by posts only. Two disabled car spaces (with car port) are proposed alongthe rear boundary with good manoeuvring areas available for turning. A footpathprovides pedestrian access from the front to the rear of the site. Overall it isconsidered that satisfactory car parking and access is provided for the proposeddevelopment.

Public ParticipationIn accordance with the requirements of Campbelltown Development Control Plan No.87, the proposal was placed on public exhibition from 24 August 2010 until 7September 2010. As a consequence of the notification, Council received onesubmission raising concerns with the proposal. Following is a summary andcomments relating to the objections:HeightA concern was expressed that the proposed development contains a double storeybuilding.Comment – The subject site has height limit of two storeys as per Schedule 1 ofCouncil’s Sustainable City Development Control Plan 2009.ParkingA concern was expressed that the proposed development will create parkingcongestion on O’Sullivan Road.Comment – As detailed earlier in this report, the proposed development complieswith the car parking requirements contained within the Seniors Housing SEPP andCouncil is not able to refuse the application based upon this basis.ServicesA concern was expressed that no sewerage or drainage pipes exist in the proposeddevelopment.Comment – A stormwater concept drainage plan was submitted as part of theapplication. A condition has been included within the recommendation (shouldCouncil decide to support the application) requiring the provision of a Section 73Certificate from Sydney Water prior to an Occupation Certification being issued forthe development.Front SetbackA concern was expressed that the proposed front setback will restrict views and notallow for adequate site distances for traffic.Comment - The proposed variation to the front setback is discussed earlier in thisreport under item iv. Initially a front setback ranging from 4.01 metres to 9.5 metreswas proposed in the application. The design was modified to increase the frontsetback to range from 4.98 metres to 9.5 metres following discussion with Councilstaff. Council’s development engineering staff have reviewed the application andhave advised that adequate driver sight distances are provided for the adjoiningallotments.

ConclusionCouncil has received a development application for the demolition of two existingdwellings and the construction of 10 senior living units at Nos.104 & 106 O’SullivanRoad, Leumeah.The application has been assessed against the controls contained within StateEnvironmental Planning Policy (Housing for Seniors or People with a Disability) 2004.The proposal varies from the front and side setback controls contained withinCampbelltown (Sustainable City) Development Control Plan 2009, however thesevariations are considered to have a minor impact on the surrounding neighbourhood.The proposal was placed on public exhibition and one submission was receivedraising objections.Officer's RecommendationThat Council grant development consent to application 1653/2010/DA-SL for thedemolition of two existing dwellings and the construction of 10 senior living units atNos.104 & 106 O’Sullivan Road, Leumeah subject to the conditions detailed inAttachment 1.Committee Note: Mr Randall addressed the Committee in opposition to thedevelopment.Committee’s Recommendation: (Hawker/Greiss)That a decision in this matter be deferred pending the item being listed for aninspection at a future Briefing Evening.CARRIEDVoting for the Committee's Recommendation were Councillors: Bourke, Greiss,Hawker, Kolkman, Oates and Thompson.Voting against the Committee's Recommendation: NilCouncil Meeting 8 March 2011 (Kolkman/Chanthivong)That the Committee's Recommendation be adopted.Council Resolution Minute Number 29That the Committee's Recommendation be adopted.Voting for the Council Resolution were Councillors: Borg, Bourke, Chanthivong,Dobson, Glynn, Greiss, Hawker, Kolkman, Lake, Oates, Matheson, Rowell, Rule,Thomas and Thompson.Voting against the Council Resolution were: Nil

ATTACHMENT 1Recommended Conditions of ConsentGENERAL CONDITIONSThe following conditions have been applied to ensure that the use of the land and/orbuilding is carried out in such a manner that is consistent with the aims andobjectives of the planning instrument affecting the land.For the purpose of these conditions, the term ‘applicant’ means any person who hasthe authority to act on or benefit of the development consent.1. Approved DevelopmentThe development shall take place in accordance with the approveddevelopment plans containing Council’s approved development stamp and allassociated documentation submitted with the application, except as modifiedin red by Council and/or any conditions of this consent.Drawing No. (Job No. 20715)Date Received by CouncilSheets 1-19 11 January 20112. Building Code of AustraliaAll building work must be carried out in accordance with the provisions of theBuilding Code of Australia. In this clause, a reference to the Building Code ofAustralia is a reference to that Code as in force on the date the application forthe relevant construction certificate is made.3. Contract of Insurance (residential building work)In the case of residential building work for which the Home Building Act 1989requires there to be a contract of insurance in force in accordance with Part 6of that Act, that such a contract of insurance is in force before any buildingwork authorised to be carried out by the consent commences.This clause does not apply:a. To the extent to which an exemption is in force under Clause 187 or188 of the Environmental Planning and Assessment Regulation 2000,subject to the terms of any condition or requirement referred to inClause 187(6) or 188(4) of that regulation, orb. To the erection of a temporary building.

4. Notification of Home Building Act 1989 RequirementsResidential building work within the meaning of the Home Building Act 1989must not be carried out unless the principal certifying authority for thedevelopment to which the work relates (not being Council) has given Councilwritten notice of the following information:a. In the case of work for which a principal contractor is required to beappointed:i. The name and licence number of the principal contractor, andii. The name of the insurer by which the work is insured under Part 6of that Act.b. In the case of work to be done by an owner-builder:i. The name of the owner-builder, andii.If the owner-builder is required to hold an owner-builder permitunder that Act, the number of the owner-builder permit.If arrangements for doing the residential building work are changed while thework is in progress so that the information notified becomes out of date,further work must not be carried out unless the principal certifying authority forthe development to which the work relates (not being Council) has givenCouncil written notification of the updated information.5. LandscapingThe provision and maintenance of landscaping shall be in accordance withthe approved landscape plan containing Council’s approved developmentstamp including the engagement of a suitably qualified landscape consultant/contractor for landscaping works. The landscape design shall incorporate asignificant portion of native, low water demand plants consistent with BASIXrequirements.6. External FinishesThe external finishes shall be in accordance with the approved plans and theschedule of finishes submitted with this application. Any proposed alterationsto these finishes are considered to be a modification to the developmentconsent and require separate approval by Council.7. FencingA 1.8 metre high fence shall be erected on the site’s side and rear boundariesbehind the front building alignment and between each required courtyard atthe sole cost of the developer. ‘Colorbond’ style metal fences that face apublic space are not permitted.

8. Switchboards/UtilitiesSwitchboards, garbage storage areas and storage for other utilities shall notbe attached to the front elevations of the building or side elevations that canbe seen from a public place.9. DrivewayThe gradients of driveways and manoeuvring areas shall be designed inaccordance with Australian Standard AS 2890.1 and AS 2890.2 (as amended).Driveways shall be constructed using decorative paving materials such aspattern stencilled concrete, coloured stamped concrete or paving bricks. Thefinishes of the paving surfaces are to be non-slip and plain concrete is notacceptable.All driveways in excess of 20 metres in length shall be separated from thelandscaped areas by the construction of a minimum 150mm high kerb, dwarfwall or barrier fencing.10. Graffiti RemovalIn accordance with the environmental maintenance objectives of 'CrimePrevention Through Environmental Design', the owner/lessee of the buildingshall be responsible for the removal of any graffiti which appears on thebuildings, fences, signs and other surfaces of the property within 48 hours ofits application.11. Engineering Design WorksThe design of all engineering works shall be carried out in accordance withthe requirements set out in the Campbelltown (Sustainable City) DCP 2009 -Volumes 1 and 2.12. Shoring and Adequacy of Adjoining PropertyIf the development referred to in this development consent involves anexcavation that extends below the level of the base of the footings of abuilding on adjoining land, the person having the benefit of the developmentconsent must at the person’s own expense:(a)(b)Protect and support the adjoining premises from possible damage fromthe excavation, andWhere necessary, underpin the adjoining premises to prevent any suchdamage.This condition does not apply if the person having the benefit of thedevelopment consent owns the adjoining land or the owner of the adjoiningland has given consent in writing to that condition not applying.

13. Rain Water TanksThe applicant shall install three 10, 000 litre rain water tanks in accordancewith the approved plans. The rain water tanks are to be maintained at alltimes and water collected utilised for the irrigation of on-site landscaping etc.14. Vehicle Turning FacilityThe applicant shall provide an appropriate vehicle turning area within thedevelopment to facilitate exit of vehicles from the subject property in a forwarddirection.15. Occupancy of Seniors Living UnitsThe occupancy and use of the seniors living units is restricted to seniors,people who have a disability, people who live within the same household withseniors or people who have a disability or staff employed to assist in theprovision of services to the units the subject of this development consent.Occupation by any other persons other than those mentioned above is strictlyprohibited at all times.PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATEThe following conditions of consent must be complied with prior to the issue of aconstruction certificate by either Campbelltown City Council or an accredited certifier.All necessary information to comply with the following conditions of consent must besubmitted with the application for a construction certificate.16. Compliance Certificate – Compliance with State Environmental PlanningPolicy (Housing for Seniors or People with a Disability) 2004The development shall comply with the relevant standards, objectives andcontrols contained within the State Environmental Planning Policy (Housingfor Seniors or People with a Disability) 2004.Prior to Council or an accredited certifier issuing a Construction Certificate,the applicant shall obtain a Compliance Certificate from the PrincipalCertifying Authority in relation to the provision of satisfactory detailing of thefollowing items, pursuant to Schedule 3 of State Environmental PlanningPolicy (Housing for Seniors or People with a Disability) 2004:a. Siting Standardsb. Securityc. Letterboxesd. Private car accommodatione. Accessible entryf. Interiorg. Bedroomh. Bathroomi. Toilet

j. Surface finishesk. Door hardwarel. Ancillary itemsm. Living room and dining roomn. Kitcheno. Laundryp. Storage for linen, andq. GarbagePrior to Council or an accredited certifier issuing any Construction Certificateunder this consent, the applicant shall provide written evidence andarchitectural plans demonstrating how every development standard listedabove shall be achieved.Prior to the principal certifying authority issuing an occupation certificate or aninterim occupation certificate, the applicant shall demonstrate to the principalcertifying authority's satisfaction that each development standard listed abovehas been achieved.17. Water/Electricity Utility ServicesPrior to Council or an accredited certifier issuing a construction certificate, theapplicant shall submit written evidence of the following service providerrequirements:a. Integral Energy - A letter of consent demonstrating that satisfactoryarrangements have been made to service the proposed development.b. Sydney Water - The submission of a 'Notice of Requirements' underSection 73 of the Water Board (Corporation) Act 1994.18. Sydney Water Stamped PlansPrior to Council or an accredited certifier issuing a construction certificate,development plans shall be submitted to a Sydney Water Customer Centre orQuick Check Agent, to determine whether the development will affect SydneyWater's sewer and water mains, stormwater drains and or easements, and iffurther requirements need to be met. The plans, including any amended plansare required to be appropriately stamped.19. Telecommunications Utility ServicesPrior to Council or an accredited certifier issuing a construction certificate, theapplicant shall submit written evidence demonstrating that satisfactoryarrangements have been made with a telecommunications carrier to servicethe proposed development.20. Demolition of Existing DwellingPrior to Council or an accredited certifier issuing a construction certificate, theexisting dwelling on the property shall be demolished and all materialsremoved from the site.

21. Soil and Water Management PlanPrior to Council or an accredited certifier issuing a construction certificate, adetailed soil and water management plan shall be submitted for approval.22. Stormwater Management Plan (Development)Prior to Council or an accredited certifier issuing a construction certificate, aplan indicating all engineering details and calculations relevant to siteregrading and the collection and disposal of stormwater from the site,building/s and adjacent catchment, shall be submitted for approval. Floorlevels of all buildings shall be a minimum of 150mm above the adjacentfinished site levels and stormwater shall be conveyed from the site to a pipeddrainage system under Council's control. All proposals shall comply with theCampbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2.23. Drainage EasementPrior to Council or an accredited certifier issuing a construction certificate, theapplicant shall submit a suitable plan for approval by Council and have itregistered with Land and Property Information NSW for the creation of asuitable drainage easement to enable stormwater runoff to be conveyed fromthe subject site to Council’s drainage system in a manner specified byCouncil.24. Work on Public LandPrior to Council or an accredited certifier issuing a construction certificate, theapplicant shall obtain written approval from Council for any proposed work onpublic land. Inspection of this work shall be undertaken by Council at theapplicants expense and a compliance certificate, approving the works, shallbe obtained from Council prior to the principal certifying authority issuing anoccupation certificate.25. Section 94A Developer Contribution - Community Facilities and ServicesPrior to Council or an accredited certifier issuing a Complying DevelopmentCertificate or a Construction Certificate (or where a Construction Certificate isnot required, a Subdivision Certificate), the applicant shall provide a receiptfor the payment to Council of a community facilities and services contributionin accordance with the provisions of the Campbelltown City Council Section94A Development Contributions Plan.For the purposes of calculating the required S94A contribution, where thevalue of the total development cost exceeds $100,000, the applicant isrequired to include with the application for the respective certificate, a reportsetting out a cost estimate of the proposed development in accordance withthe following: where the value of the proposed development is greater than $100,000but less than $500,000, provide a Cost Summary Report by a personwho, in the opinion of the Council, is suitably qualified to provide a CostSummary Report (Cost Summary Report Template 1). All Cost

Summaries will be subject to indexation on a quarterly basis relative tothe Consumer Price Index - All Groups (Sydney) where the contributionamount will be based on the indexed value of the development applicableat the time of payment; orwhere the value of the proposed development is $500,000 or more,provide a detailed development cost report completed by a quantitysurveyor who is a registered member of the Australian Institute ofQuantity Surveyors (Quantity Surveyors Estimate Report Template 2).Payment of contribution fees will not be accepted unless the amountbeing paid is based on a Quantity Surveyors Estimate Report (QSReport) that has been issued within 90 days of the date of payment.Where the QS Report is older than 90 days, the applicant shall providean updated QS Report that has been indexed in accordance with clause25J(4) of the Environmental Planning and Assessment Regulation 2000to ensure quarterly variations in the Consumer Price Index All GroupIndex Number for Sydney have been incorporated in the updated QSReport.Copies of the Cost Summary Report - Template 1 and the Quantity SurveyorsEstimate Report - Template 2 are located under "Developer Contributions" onCouncil's web site (www.campbelltown.nsw.gov.au) or can be collected fromCouncil's Planning and Environment Division during normal business hours.On calculation of the applicable contributions, all amounts payable will beconfirmed by Council in writing.Payment of Section 94A Developer Contributions will only be accepted byway of Cash, Credit Card or Bank Cheque issued by an Australian bank.Payment by any other means will not be accepted unless otherwise approvedin writing by Council.Note: This condition is only applicable where the total developmentvalue exceeds $100,000.PRIOR TO THE COMMENCEMENT OF ANY WORKSThe following conditions of consent have been imposed to ensure that theadministration and amenities relating to the proposed development comply with allrelevant requirements. These conditions are to be complied with prior to thecommencement of any works on site.26. Erosion and Sediment ControlPrior to the commencement of any works on the land, adequate/approvederosion and sediment control measures shall be fully installed/implemented.27. Erection of Construction SignPrior to the commencement of any works on the land, a sign/s must beerected in a prominent position on the site:

a. Showing the name of the principal contractor (if any) for any buildingwork and a telephone number on which that person may be contactedoutside working hours;b. Stating that unauthorised entry to the work site is prohibited; andc. Pollution warning sign promoting the protection of waterways (issued byCouncil with the development consent);d. Stating the approved construction hours in which all works can occur.e. Showing the name, address and telephone number of the principalcertifying authority for the work.Any such sign/s is to be maintained while the building work, subdivision workor demolition work is being carried out, but must be removed when the workhas been completed.28. Toilet on Construction SitePrior to the commencement of any works on the land, toilet facilities are to beprovided, at or in the vicinity of the work site on which work involved in theerection or demolition of a building is being carried out, at the rate of one toiletfor every 20 persons or part thereof. Each toilet provided must be a standardflushing toilet and be connected to:a. A public sewer, orb. If connection to a public sewer is not practicable, to an accreditedsewage management facility approved by Council, orc. If connection to a public sewer or an accredited sewage managementfacility is not practicable, to some other management facility approvedby Council.29. Trade WastePrior to the commencement of any works on the land, a trade waste facilityshall be provided on-site to store all waste pending disposal. The facility shallbe screened, regularly cleaned and accessible to collection vehicles.30. Vehicular Access during ConstructionPrior to the commencement of any works on the land, a single vehicle/plantaccess to the site shall be provided, to minimise ground disturbance andprevent the transportation of soil onto any public road system. Single sizedaggregate, 40mm or larger placed 150mm deep, extending from the kerb andgutter to the property boundary, shall be provided as a minimum requirement.

31. Footpath and Vehicular Crossing LevelsPrior to the commencement of any work, footpath and vehicular crossinglevels are to be obtained from Council by lodging an application on theprescribed form.32. Demolition Works33. FencingDemolition works shall be carried out in accordance with the following:a. Prior to the commencement of any works on the land, a detaileddemolition work plan designed in accordance with Clause 1.7.3 ofAustralian Standard AS 2601-2001 – The Demolition of Structures,prepared by a suitably qualified person with suitable expertise orexperience, shall be submitted to and approved by Council and shallinclude the identification of any hazardous materials, method ofdemolition, precautions to be employed to minimise any dust nuisanceand the disposal methods for hazardous materials.b. Prior to commencement of any works on the land, the demolitionContractor(s) licence details must be provided to Council.c. The handling or removal of any asbestos product from the building/sitemust be carried out by a NSW Work Cover licensed contractorirrespective of the size or nature of the works. Under no circumstancesshall any asbestos on site be handled or removed by a non-licensedperson. The licensed contractor shall carry out all works in accordancewith NSW Work Cover requirements.d. An appropriate fence preventing public access to the site shall be erectedfor the duration of demolition workse. Immediately prior to the commencement of the demolition or handling ofany building or structure that contains asbestos, the applicant shallrequest that the principal certifying authority attend the site to ensure thatall appropriate safety measures are in place. The applicant shall alsonotify the occupants of the adjoining premises and WorkCover NSW priorto the commencement of any works.An appropriate fence preventing public access to the site shall be erected forthe duration of construction works.34. Structural Engineer DetailsPrior to the commencement of any works, the submission to the principalcertifying authority of all details prepared by a practicing structural engineer.DEVELOPMENT REQUIREMENTS DURING CONSTRUCTION

The following conditions of consent have been imposed to ensure that theadministration and amenities relating to the proposed development comply with allrelevant requirements. These conditions are to be complied with during theconstruction of the development on site.35. Construction Work HoursAll work on site shall only occur between the following hours:Monday to FridaySaturdaySunday and public holidays7.00am to 6.00pm8.00am to 1.00pmNo Work.36. Erosion and Sediment ControlErosion and sediment control measures shall be provided and maintainedthroughout the construction period, in accordance with the requirements ofthe manual – Soils and Construction (2004) (Bluebook), the approved plans,Council specifications and to the satisfaction of the principal certifyingauthority. The erosion and sedimentation control devices shall remain inplace until the site has been stabilised and revegetated.Note: On the spot penalties up to $1,500 will be issued for any noncompliancewith this requirement without any further notificationor warning.37. Work ZonesAll loading, unloading and other activities undertaken during construction shallbe accommodated on the development site.Where it is not practical to load, unload or undertake specific activities on thesite during construction, the provision of a ‘Work Zone’ external to the sitemay be approved by Council following an application being submitted toCouncil’s Traffic Unit outlining the proposal for the work zone. Theapplication is required to be made prior to the commencement of any worksand is to include a suitable ‘Traffic / Pedestrian Management and ControlPlan’ for the area of the work zone that will be affected. All costs of approvedtraffic / pedestrian control measures, including relevant fees, shall be borneby the applicant.38. Protection of Existing TreesDuring construction, no trees are to be cut down, lopped, destroyed orremoved without the separate written approval of Council unless those treesare within three (3) metres of the footprint of a building that has beenapproved by Council.All trees that are to be retained are to be protected by fencing, firmly stakedwithin the drip line/ canopy of the tree and maintained during the duration ofthe works. The area within the fencing must not be used for stockpiling of anymaterial, nor for vehicle or pedestrian convenience.

All useable trees and shrubs shall be salvaged for re-use, either in log form,or as woodchip mulch for erosion control or garden beds or site rehabilitation.Non-salvable materials such as roots and stumps shall be disposed of to awaste management centre or other approved form.39. Dust NuisanceMeasures shall be implemented to minimise wind erosion and dust nuisancein accordance with the requirements of the manual – ‘Soils and Construction(2004) (Bluebook). Construction areas shall be treated/ regularly watered tothe satisfaction of the principal certifying authority.40. Termite ControlThe building shall be protected from subterranean termites in accordance withAustralian Standard 3660.1. Certification of the treatment shall be submittedto the principal certifying authority prior to the issue of an occupationcertificate.41. Public SafetyAny works undertaken in a public place are to be maintained in a safecondition at all times in accordance with AS 1742.3. Council may at any timeand without prior notification make safe any such works Council considers tobe unsafe, and recover all reasonable costs incurred from the applicant.42. Compliance with Council SpecificationAll design and construction work, shall be in accordance with:a. Council's specification for Construction of Subdivisional Road andDrainage Works (as amended);b. Campbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2,c. ‘Soils and Construction (2004) (Bluebook); andd. Relevant Australian standards and State Government publications.43. Footpath Kerb and GutterThe applicant shall re-construct all damaged bays of concrete path pavingand kerb & gutter, adjacent to the site, in O'Sullivan Road. Areas notconcreted shall be re-graded, topsoiled and turfed. All works shall be inaccordance with Council’s Specification for Construction of SubdivisionalRoad and Drainage Works (as amended) and with the design requirements ofthe Campbelltown (Sustainable City) DCP 2009 - Volumes 1 and 2.44. Medium Density Driveway and Layback CrossingThe applicant shall provide a reinforced concrete driveway and laybackcrossing/s to Council's Medium Density Vehicle Crossing Specification.

A separate application for this work, which will be subject to a crossinginspection fee, fixing of levels and inspections by Council, must be lodgedwith Council. Conduits must be provided to service authority requirements.45. Associated WorksThe applicant shall undertake any works external to the development, that aremade necessary by the development, including additional road and drainageworks or any civil works directed by Council, to make a smooth junction withexisting work.46. Redundant LaybacksAll redundant layback/s shall be reinstated to conventional kerb and gutter toCouncil's Specification for Construction of Subdivisional Road and DrainageWorks (as amended) and with the design requirements of the Campbelltown(Sustainable City) DCP 2009 - Volumes 1 and 2.47. Completion of Construction WorksUnless otherwise specified in this consent, all construction works associatedwith the approved development shall be completed within twelve (12) monthsof the date of the notice of the intention to commence construction worksunder Section 81A of the Act.In the event that construction works are not continually ongoing, the applicantshall appropriately screen the construction site from public view witharchitectural devices and landscaping to Council's written satisfaction.PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATEThe following conditions of consent must be complied with prior to the issue of anoccupation certificate by either Campbelltown City Council or an accredited principalcertifying authority. All necessary information to comply with the following conditionsof consent must be submitted with the application for an occupation certificate.Note: For the purpose of this development consent, any reference to "occupationcertificate" shall also be taken to mean "interim occupation certificate".48. Section 73 CertificatePrior to the principal certifying authority issuing an occupation certificate, thesubmission of a Section 73 certificate issued by Sydney Water.49. Structural Engineering CertificatePrior to the principal certifying authority issuing an occupation certificate, thesubmission of a certificate from a practising structural engineer certifying thatthe building has been erected in compliance with the approved structuraldrawings and relevant SAA Codes and is structurally adequate.

50. Completion of External Works OnsitePrior to the principal certifying authority issuing an occupation certificate, allexternal works, repairs and renovations detailed in the schedule oftreatment/finishes, landscaping, driveways, fencing and retaining walls to becompleted to the satisfaction of the principal certifying authority.51. Restoration of Public RoadsPrior to the principal certifying authority issuing an occupation certificate, therestoration of public road and associated works required as a result of thedevelopment shall be carried out by Council and all costs shall be paid by theapplicant.52. Public UtilitiesPrior to the principal certifying authority issuing an occupation certificate, anyadjustments to public utilities, required as a result of the development, shallbe completed to the satisfaction of the relevant authority and at theapplicant's expense.53. Service AuthoritiesPrior to the principal certifying authority issuing a subdivision certificate, twocopies of all servicing plans shall be forwarded to Council in accordance withthe following:Written advice from Sydney Water, Integral Energy and where applicable therelevant gas company, shall be submitted, stating that satisfactoryarrangements have been made for the installation of either service conduitsor street mains in road crossings, prior to the construction of the roadpavement. All construction work shall conform to the relevant authoritiesspecification/s.The final seal shall be deferred pending installation of all services. In thisregard the applicant shall provide a temporary seal and lodge with Council assecurity, the amount to be determined by Council, to cover the cost of trenchrestoration by Council and the placement of the final asphaltic concrete seal.54. Residential Inter-Allotment DrainagePrior to the principal certifying authority issuing an occupation certificate, awork as executed plan for the drainage works shall be submitted to Councilfor approval demonstrating that inter-allotment drainage and associatedeasements, in accordance with Council's Specification for Construction ofSubdivisional Road and Drainage Works (as amended) and with the designrequirements of the Campbelltown (Sustainable City) DCP 2009 - Volumes 1and 2 have been provided for residential lots where all or part of the lots donot drain to a public road.

55. BASIXPrior to the principal certifying authority issuing an occupation certificate,completion of all requirements listed in the relevant BASIX certificate for thesubject development shall be completed/installed.56. Restriction on the Use of LandPrior to the principal certifying authority issuing an Occupation Certificate, theapplicant shall create a restriction as to user, registered against the title of theproperty of land under Section 88E of the Conveyancing Act 1919, limiting theuse of any accommodation to which the application relates to, either.a. seniors or people who have a disability,b. people who live within the same household with seniors or people whohave a disability, orc staff employed to assist in the administration of and provision ofservices to housing provided under this Policy.The applicant shall liaise with Council regarding the required wording. Theauthority empowered to release, vary or modify these restrictions on the useof land shall be the Council of the City of Campbelltown. The cost andexpense of any such release, variation or modification shall be borne by theperson or corporation requesting the same in all respects.57. Council Fees and ChargesPrior to the principal certifying authority issuing an occupation certificate, theapplicant shall obtain written confirmation from Council that all applicableCouncil fees and charges associated with the development have been paid infull. Written confirmation will be provided to the applicant following Council'sfinal inspection and satisfactory clearance of the public area adjacent the site.ADVISORY NOTESThe following information is provided for your assistance to ensure compliance withthe Environmental Planning and Assessment Act 1979, Environmental Planning andAssessment Regulation 2000, other relevant Council Policy/s and other relevantrequirements. This information does not form part of the conditions of developmentconsent pursuant to Section 80A of the Act.Advice 1.Environmental Planning and Assessment Act 1979 RequirementsThe Environmental Planning and Assessment Act 1979 requires you to:a. Obtain a construction certificate prior to the commencement of any works.Enquiries regarding the issue of a construction certificate can be made toCouncil’s Customer Service Centre on 4645 4608.b. Nominate a principal certifying authority and notify Council of that appointmentprior to the commencement of any works.

c. Give Council at least two days notice prior to the commencement of any works.d. Have mandatory inspections of nominated stages of the constructioninspected.e. Obtain an occupation certificate before occupying any building or commencingthe use of the land.Advice 2.Tree Preservation OrderTo ensure the maintenance and protection of the existing natural environment, youare not permitted to ringbark, cut down, top, lop, remove, wilfully injure or destroy atree outside 3 metres of the building envelope unless you have obtained prior writtenconsent from Council. Fines may be imposed if you choose to contravene Council’sTree Preservation Order.A tree is defined as a perennial plant with self supporting stems that are more than 3metres or has a trunk diameter more than 150mm measured 1 metre above groundlevel, and excludes any tree declared under the Noxious Weeds Act (NSW).Advice 3.Disability Discrimination ActNothing in this consent is to be taken to imply that the development meets therequirements of the Disability Discrimination Act 1992 (DDA1992). Where aConstruction Certificate is required for the approved works, due regard is to be givento the requirements of the Building Code of Australia (BCA). However, your attentionis drawn to the existence of the DDA1992 and that compliance with the variousrequirements of the BCA does not provide automatic compliance with the DDA1992.In this regard it is the sole responsibility of the owner, builder and applicant to ensurecompliance with the DDA1992.Advice 4.Smoke AlarmsFrom 1 May 2006 all NSW residents must have at least one working smoke alarminstalled on each level of their home. This includes owner occupier, rental properties,relocatable homes and any other residential building where people sleep.The installation of smoke alarms is required to be carried out in accordance with AS3786. The licensed electrical contractor is required to submit to the PrincipalCertifying Authority a certificate certifying compliance with AS 3000 and AS 3786.Advice 5.Retaining WallsA separate development application shall be submitted and approved for anyretaining walls that exceed 0.9 metres in height.Advice 6.CovenantsThe land upon which the subject building is to be constructed may be affected byrestrictive covenants. Council issues this approval without enquiry as to whether anyrestrictive covenant affecting the land would be breached by the construction of the

uilding, the subject of this permit. Persons to whom this permit is issued must relyon their own enquiries as to whether or not the building breaches any such covenant.Advice 7.Inspection Within Public AreasAll works within public areas are required to be inspected at all stages of constructionand approved by Council prior to the principal certifying authority releasing theOccupation Certificate.Advice 8.Adjustment to Public UtilitiesAdjustment to any public utilities necessitated by the development is required to becompleted prior to the occupation of the premises and in accordance with therequirements of the relevant Authority. Any costs associated with these adjustmentsare to be borne by the applicant.Advice 9.Asbestos WarningShould asbestos or asbestos products be encountered during construction ordemolition works you are advised to seek advice and information prior to disturbingthe material. It is recommended that a contractor holding an asbestos-handlingpermit (issued by Work Cover NSW), be engaged to manage the proper disposal andhandling of the material. Further information regarding the safe handling and removalof asbestos can be found at:www.environment.nsw.gov.auwww.nsw.gov.au/fibrowww.adfa.org.auwww.workcover.nsw.gov.auAlternatively, call Work Cover Asbestos and Demolition Team on 8260 5885.Advice 10.Rain Water TankIt is recommended that water collected within any rainwater tank as part of thedevelopment be limited to non-potable uses. NSW Health recommends that the useof rainwater tanks for drinking purposes not occur where a reticulated potable watersupply is available.Advice 11.Dial 1100 Before you DigUnderground cable and pipes may exist in the area. In your own interest and forsafety, telephone 1100 before excavation or erection of structures. Information on thelocation of underground pipes and cables can also be obtained by fax on 1300 652077 or through the following website - www.dialbeforeyoudig.com.auEND OF CONDITIONS

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