11 October 2012 - Canterbury City Council

BUSINESS PAPER 

Meeting of 

CITY DEVELOPMENT COMMITTEE 

11 OCTOBER 2012 

________________________ 

Canterbury City – a great place to live and work

CITY DEVELOPMENT COMMITTEE 11 OCTOBER 2012 

TABLE OF CONTENTS 

Chairperson: Councillor Adler 

Deputy Chairperson: Councillor Hawatt 

ITEM SUBJECT PAGE NO 

GENERAL 

1 REPORT OF THE DEVELOPMENT ASSESSMENT PANEL ........................... 14 

2 DEVELOPMENT APPLICATIONS DETERMINED BY COUNCIL 

OFFICERS UNDER DELEGATION ...................................................................... 17 

3 PLANNING REFORM FUND: CADASTRAL DATABASE 

IMPROVEMENT PROJECT ................................................................................... 23 

CENTRAL WARD 

4 19 WONGA STREET, CAMPSIE; ALTERATIONS TO MIXED 

COMMERCIAL/RESIDENTIAL BUILDING AND CONVERSION TO 

MULTIPLE UNIT DEVELOPMENT CONTAINING THREE 

DWELLINGS ............................................................................................................. 24 

IHAP ITEMS 

5 INDEPENDENT HEARING AND ASSESSMENT PANEL - 3 

SEPTEMBER 2012 REPORT ................................................................................... 38 

6 13-15 ANGLO ROAD, CAMPSIE: DEMOLITION AND 

CONSTRUCTION OF A MIXED RETAIL/RESIDENTIAL 

DEVELOPMENT WITH BASEMENT CARPARKING ...................................... 43 

7 44-50 SIXTH AVENUE & 67-75 FIFTH AVENUE CAMPSIE: 

CONSOLIDATION OF ALLOTMENTS, DEMOLITION OF 

STRUCTURES AND CONSTRUCTION OF A HOSTEL, RECREATION 

HALL, CHILD CARE CENTRE AND ANCILLARY 

ADMINISTRATION SPACE WITH BASEMENT CAR PARKING .................. 77 

8 INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING 

ONE REPORT - 2 OCTOBER 2012 ..................................................................... 116 

9 269 CANTERBURY ROAD, CANTERBURY: CONTINUED USE OF 

PREMISES AS A BROTHEL IN CONJUNCTION WITH THE 

EXISTING APPROVED USE FOR CHINESE THERAPEUTIC 

MASSAGE ................................................................................................................ 132 

Page 1


10 4 BROUGHTON STREET, CANTERBURY: DEMOLITION OF 

WAREHOUSE AND CONSTRUCTION OF SIX STOREY 

RESIDENTIAL FLAT BUILDING CONTAINING 47 APARTMENTS 

WITH BASEMENT CAR PARKING .................................................................... 147 

11 8 BROUGHTON STREET, CANTERBURY; DEMOLITION OF 

STRUCTURES AND CONSTRUCTION OF RESIDENTIAL FLAT 

BUILDING CONTAINING 42 DWELLINGS AND TWO LEVELS OF 

BASEMENT CAR PARKING ................................................................................ 190 

12 119 PERMANENT AVENUE, EARLWOOD: INTERNAL 

ALTERATIONS AND CONVERSION OF GROUND FLOOR OF TWO 

STOREY DWELLING FOR USE AS A BOARDING HOUSE .......................... 234 

13 23 WOODLAWN AVENUE, EARLWOOD: CONSTRUCTION OF A 

PERGOLA OVER AN EXISTING FIRST FLOOR BALCONY ....................... 251 

14 313A HOMER STREET, EARLWOOD: CONSTRUCTION OF FIVE 

STOREY MIXED USE DEVELOPMENT COMPRISING BASEMENT 

LEVEL AND GROUND LEVEL CAR PARKS, TWO GROUND FLOOR 

COMMERCIAL TENANCIES AND 15 RESIDENTIAL UNITS ...................... 258 


TWO REPORT - 2 OCTOBER 2012 .................................................................... 294 

16 10 MACDONALD STREET, LAKEMBA: DEMOLITION AND 

CONSTRUCTION OF A BOARDING HOUSE WITH BASEMENT CAR 

PARKING ................................................................................................................ 303 

17 59 EVALINE STREET, CAMPSIE: ALTERATIONS AND TWO 

STOREY ADDITION TO THE COMMERCIAL BUILDING........................... 327 

18 165-171 MILTON STREET, ASHBURY: MODIFICATION OF 

CONSENT FOR PERMANENT USE OF A TEMPORARY CALL 

CENTRE WITHIN A TYRE WAREHOUSE ....................................................... 344 

19 93-97 BONDS ROAD, PUNCHBOWL: DEMOLITION, 

CONSTRUCTION AND STRATA SUBDIVISION OF 20 INDUSTRIAL 

UNITS ........................................................................................................................ 353 

20 16-20 ST ALBANS ROAD, KINGSGROVE: ALTERATIONS, 

ADDITIONS AND RECONSTRUCTION OF NORTHERN PORTION 

OF INDUSTRIAL/WAREHOUSE BUILDING.................................................... 370 

21 82 BELMORE ROAD RIVERWOOD: FITOUT AND CHANGE OF USE 

OF INDUSTRIAL BUILDING FOR VEHICLE BODY REPAIR 

WORKSHOP. ......................................................................................................... 387 

This meeting will be recorded on audio tape for minute-taking purposes 

as authorised by the Local Government Act 1993. 

Page 2


REPORT SUMMARIES 

1 REPORT OF THE DEVELOPMENT ASSESSMENT PANEL 

The Development Assessment Panel has determined the development applications 

listed in this report, in accordance with the powers delegated to it. The report is 

submitted for the Committee’s information. 

2 DEVELOPMENT APPLICATIONS DETERMINED BY COUNCIL OFFICERS 

UNDER DELEGATION 

The development applications listed in this report were determined by Council 

Officers, in accordance with the powers delegated to them under the Act. The report is 


3 PLANNING REFORM FUND: CADASTRAL DATABASE IMPROVEMENT 

PROJECT 

• In 2011 funding under the NSW Planning Reform Fund was approved for the 

Cadastral Database Improvement Project. 

• The key outcome of the project was to align our GIS databases with those of 

Land and Property Information (LPI). 

• The project has been satisfactorily completed. 

• It is recommended that the completion of the project be recognised and 

endorsed so that the final claim for funding payment can be made as required 

by the funding agreement. 


COMMERCIAL/RESIDENTIAL BUILDING AND CONVERSION TO 

MULTIPLE UNIT DEVELOPMENT CONTAINING THREE DWELLINGS 

• It is proposed to carry out alterations to the existing two storey “shop top” 

building and convert it to a multiple unit development containing one two 

bedroom dwelling and two one bedroom dwellings. 

• The subject site is zoned Residential 2(c) under Canterbury Local 

Environmental Plan 148. The proposed development, defined as ‘multiple unit 

housing’ is permissible with our development consent. 

• The proposed development has been assessed against the provisions of all 

relevant planning policies, development control plans and policies and is 

generally compliant with these requirements. Issues of non-compliances 

regarding setbacks and landscape open space are discussed in the body of the 

report. 

• The development application has been notified in accordance with the 

requirements of our Development Control Plan 32 – Notification Policy. No 

submissions were received. 

• It is recommended the application be approved subject to conditions. 

Page 3


5 INDEPENDENT HEARING AND ASSESSMENT PANEL 3 SEPTEMBER 2012 

REPORT 

• The report of the Independent Hearing and Assessment Panel (IHAP) is 


• The Panel’s recommendation also appears in each of the respective City 

Development Committee reports considered by IHAP included in this business 

paper. 

• It is recommended the report be noted. 

6 13-15 ANGLO ROAD, CAMPSIE: DEMOLITION AND CONSTRUCTION OF 

A MIXED RETAIL/RESIDENTIAL DEVELOPMENT WITH BASEMENT 

CARPARKING 

• The Independent Hearing and Assessment Panel on 30 July 2012 deferred 

making a recommendation on the application (see Supplementary Information). 

• The applicant seeks consent to demolish the existing structures and construct a 

five storey mixed commercial and residential development containing a two 

level basement car park, three ground floor commercial tenancies and twenty 

eight residential units. 

• The proposed development is permissible with Council consent within the 

General Business 3(a) zone under Local Environmental Plan 148 – Campsie 

Precinct. 

• The application was notified/advertised in accordance with our Notification 

Policy - Development Control Plan 32. One submission was received raising 

concerns in relation to the construction phase of the development and 

deficiency of carparking for the retail component of the development. These 

issues have been addressed and are discussed in greater detail in the body of 

this report. 

• The proposed development generally complies with all requirements of the 

relevant planning instruments and development control plans, with the 

exception of the deep soil planting area control and building height. The 

proposed development is consistent with and reflects the objectives of the zone 

and the performance criteria established under Development Control Plan 54 – 

Town Centres. 

• The Director City Planning has recommended the application be approved 

subject to conditions. 

• The Independent Hearing and Assessment Panel has recommended the 

application be approved in accordance with the Director City Planning’s 

recommendation, subject to amendments. 

Page 4



CONSOLIDATION OF ALLOTMENTS, DEMOLITION OF STRUCTURES 

AND CONSTRUCTION OF A HOSTEL, RECREATION HALL, CHILD CARE 

CENTRE AND ANCILLARY ADMINISTRATION SPACE WITH BASEMENT 

CAR PARKING 

• The applicant seeks consent to consolidate the existing allotments, demolish 

the existing structures, construct a 63 room hostel and associated recreation 

hall, child care centre for 66 children with ancillary administration space and 

training/education rooms and a basement level car park. 

• The site currently accommodates a child care centre, before and after school 

care service, educational centre and administration offices in support of these 

operations. The new facilities proposed on site will include the accommodation 

of these previously approved uses. 

• The proposed development is permissible with Council consent within the 

Residential 2(c) zone under Local Environmental Plan 148 – Campsie Precinct 

(LEP 148). 

• The application was notified/advertised in accordance with our Notification 

Policy (DCP 32). We received five submissions and a petition signed by ten 

households, all objecting to the proposed development. Issues of concern 

include the commercial nature of the development, noise and amenity issues, 

the construction phase of the development, traffic congestion and parking, 

privacy impacts, removal of existing trees and a loss of visual amenity. These 

issues have been addressed and are discussed in greater detail in the body of 

this report. 


relevant planning instruments and development control plans with the 

exception of the non-compliance relating to the child care centre being in a two 

storey building and the height standard under Development Control Plan 

(DCP) 13 – Multiple Unit Development Code for the hostel component. This 

non-compliance is limited to certain portions of the southern elevation. The 

development is consistent with and reflects the objectives of the zone and DCP 

13 – Multiple Unit Development Code. 






Page 5


8 INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING ONE 

REPORT - 2 OCTOBER 2012 





paper. 



PREMISES AS A BROTHEL IN CONJUNCTION WITH THE EXISTING 

APPROVED USE FOR CHINESE THERAPEUTIC MASSAGE 

• The application is for the continued use of the premises as a brothel in 

conjunction with the existing approved use for Chinese therapeutic massage 

which was approved by the Land and Environment Court (LEC) on 22 April 

2010 with a condition limiting the consent for a period of three years. 

• The subject site is zoned Specialised Business 3(f) under the provisions of 

Canterbury Local Environmental Plan 148 – Campsie Precinct, where the 

proposed development, defined as ‘office premises’, is permissible with 

consent. 

• The proposal has been assessed against the requirements of Canterbury Local 

Environmental Plan 148 – Campsie Precinct, DCP 20 – Car Parking Code, 

DCP 23 - The Control of Development Legalised by State Government under 

the Disorderly Houses Amendment Act 1995 and DCP 29 - Crime Prevention 

Through Environmental Design. The proposal does not comply with certain 

requirements of DCP 23. 

• The development application was notified in accordance with DCP 32 – 

Notification Policy. During this time three submissions, including one petition 

with 46 signatures was received raising concerns about the brothel’s location in 

proximity to residential development, places of worship, public car parks and 

educational facilities; amenity impacts, behaviour of clients, prior breaches of 

consent, parking and traffic. These matters are specifically addressed in the 

body of this report. 

• Four complaints were received during the three year approval period granted 

by the LEC on 22 April 2010. Issues raised included unhealthy practices by sex 

workers, construction works occurring late in the evening, privacy screens not 

having been erected as per conditions of consent and not complying with 

approved hours of operation. 


subject to conditions limiting the consent to a further period of three years. 




Page 6



WAREHOUSE AND CONSTRUCTION OF SIX STOREY RESIDENTIAL 

FLAT BUILDING CONTAINING 47 APARTMENTS WITH BASEMENT CAR 

PARKING 

• It is proposed to demolish the existing structures on site and the construct a 

new six storey residential flat building containing 47 apartments with basement 

level car parking at the abovementioned property. 

• The subject site is zoned Residential 2(c) under the relevant provisions of 

Canterbury Local Environmental Plan 138. The proposed development, defined 

as ‘multiple unit housing’ is permissible with our development consent. 



generally compliant with these requirements. Issues of non-compliance are 

discussed in the body of the report. 

• The development application has been notified/advertised in accordance with 

the requirements of our Development Control Plan 32 – Notification Policy, 

during which time 17 submissions, including one petition with 48 signatures 

were received. Issues raised include effect on surrounding area, noise, 

pollution, traffic/street access, parking, disturbance of natural habitats, privacy, 

character of the area, density, public transport, overshadowing, crime, 

infrastructure and disturbance during construction. These matters are discussed 

in the body of the report. 







STRUCTURES AND CONSTRUCTION OF RESIDENTIAL FLAT BUILDING 

CONTAINING 42 DWELLINGS AND TWO LEVELS OF BASEMENT CAR 

PARKING 

• It is proposed to demolish the existing structures on site and the construct a five 

storey residential flat building containing 42 apartments with two levels of 

basement car parking at the abovementioned property. 

• The subject site is zoned Residential 2(c) under the relevant provisions of 

Canterbury Local Environmental Plan 138. The proposed development, defined 

as ‘multiple unit housing’ is permissible with our development consent. 



generally compliant with these requirements. Issues of non-compliance are 

discussed in the body of the report. 

• The development application has been notified/advertised in accordance with 

the requirements of our Development Control Plan 32 – Notification Policy, 

during which time 17 submissions were received, including one petition with 

44 signatures. Issues raised include effect on surrounding area, noise, pollution, 

Page 7


traffic/street access, parking, disturbance of natural habitats, privacy, character 

of the area, density, public transport, overshadowing, crime, infrastructure, 

disturbance during construction, non compliances with DCP 55 and the 

location of the basement entrance. These matters are discussed in the body of 

the report. 






12 119 PERMANENT AVENUE, EARLWOOD: INTERNAL ALTERATIONS 

AND CONVERSION OF GROUND FLOOR OF TWO STOREY DWELLING 

FOR USE AS A BOARDING HOUSE 

• The applicant is seeking approval to convert the ground floor of the existing 

two storey dwelling into a boarding house containing three boarding rooms 

with associated car parking at the front of the site. 

• The application has been assessed against the provisions of State 

Environmental Planning Policy (Affordable Rental Housing) 2009, Canterbury 

Planning Scheme Ordinance, Development Control Plan 29 - Crime Prevention 

Through Environmental Design and Development Control Plan 51 – Access 

and Mobility and was found to comply with these codes. 

• In accordance with our Notification Policy, all owners and occupiers of 

adjoining properties were notified of the proposed development. A total of 

eight submissions and a petition with twenty-four signatures were received. 

Issues of concerns include the nature of future occupants of the boarding 

house, traffic and parking issues, illegal use of the dwelling as a boarding 

house, safety and security issues, noise pollution, anti-social behaviour, waste 

collection and loss of privacy. 







PERGOLA OVER AN EXISTING FIRST FLOOR BALCONY 

• It is proposed to construct a new metal pergola over an existing first floor 

balcony at the rear of a two storey dwelling. 

• The development is permissible with Council consent within the Residential 

2(a) zone under the provisions of the Canterbury Planning Scheme Ordinance. 

• In accordance with Development Control Plan 32 - Notification Policy, all 

adjoining owners and occupiers were notified. No submissions were received. 

• The proposal complies with all development controls contained in 

Development Control Plan 49 - Single Dwelling Code. 

Page 8


• The reason this Development Application is referred to the IHAP is that the 

applicant is a Council employee. The DA is to be determined by the City 

Development Committee. 






14 313A HOMER STREET, EARLWOOD: CONSTRUCTION OF FIVE STOREY 

MIXED USE DEVELOPMENT COMPRISING BASEMENT LEVEL AND 

GROUND LEVEL CAR PARKS, TWO GROUND FLOOR COMMERCIAL 

TENANCIES AND 15 RESIDENTIAL UNITS 

• The applicant seeks consent to retain the existing facade, demolish the 

remaining site structures and construct a five storey mixed commercial and 

residential development containing a basement level and ground level car park, 

two ground floor commercial tenancies and 15 residential units. 

• The subject site is zoned General Business 3(a1) under the Canterbury 

Planning Scheme Ordinance (CPSO). The proposed development is defined as 

‘multi-unit housing’, ‘commercial premises’ and ‘shop’ and is permissible 

within the zone subject to approval. 

• The application was notified/advertised in accordance with Development 

Control Plan 32 - Notification Policy. The application has been notified on two 

separate occasions. During the first notification period, which related to the 

original design involving 16 residential units and one commercial tenancy, we 

received seven submissions all objecting to the proposed development. In 

March 2012, the design was revised with the number of residential units 

reduced from 16 to 15 and a redesign of the rooftop terrace. These amendments 

were renotified in May 2012 during which two submissions objecting to the 

proposed development were received. Issues of concern related to the 

overdevelopment of the site and inconsistency with the character of Homer 

Street, amenity issues, traffic and parking issues, loss of privacy, noise 

pollution, lack of open space, streetscape and design issues, loss in property 

values and impacts on the heritage façade of the existing building. These issues 

have been addressed and are discussed in greater detail in the body of this 

report. 



exception of building setback control, building height and deep soil planting 

area requirements. The proposed development is consistent with and reflects 

the objectives of the zone and the performance criteria established under 

Development Control Plan 54 – Town Centres. 




application be refused. 

Page 9


15 INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING TWO 

REPORT - 2 OCTOBER 2012 





paper. 




PARKING 

• The Independent Hearing and Assessment Panel on 2 July 2012 deferred 

making a recommendation on the application and asked the applicant to make 

certain changes to address their concerns (see Supplementary Information). 

• The applicant has submitted amended plans, including basement parking, to 

address the Independent Hearing and Assessment Panel’s concerns. 

• The applicant is seeking approval to demolish an existing single storey 

dwelling and ancillary structures, construct a two storey boarding house 

containing 19 rooms with associated car parking at the front of the site. 

The subject site is zoned Residential 2(c) under Local Environmental Plan 178 

– Belmore/Lakemba Precinct. The proposed development is permissible 

subject to Council consent. 

• The application has been assessed against the provisions contained in State 

Environmental Planning Policy (Affordable Rental Housing) 2009, Canterbury 

Local Environmental Plan 178 – Belmore/Lakemba Precinct, Development 

Control Plan 20 - Car Parking, Development Control Plan P 29 - Crime 

Prevention Through Environmental Design, Development Control Plan 37 - 

Energy Smart Homes, Development Control Plan 45 - Landscape, 

Development Control Plan 48 -Waste Management and Council’s Stormwater 

Management Manual – Specification 9 “A Guide to Stormwater Drainage 

Design”. 

• In accordance with our Notification Policy – Development Control Plan 32, the 

application was advertised in the local newspaper and adjoining and affected 

property owners/occupiers were notified of the proposal. A total of seven 

submissions were received raising concerns in relation to overshadowing, loss 

of privacy, noise, traffic congestion, insufficient provision of on-site car 

parking, inadequate open space, excessive bulk and scale of building and 

potential loitering and anti-social behaviour. 



• The Independent Hearing and Assessment Panel has recommended that the 



Page 10


17 59 EVALINE STREET, CAMPSIE: ALTERATIONS AND TWO STOREY 

ADDITION TO THE COMMERCIAL BUILDING 

• The applicant seeks consent to undertake alterations and additions to the 

existing three storey commercial building including the construction of two 

additional levels of commercial floor space. 

• The proposed commercial development is permissible with Council consent 

within the General Business 3(a) zone under Local Environmental Plan 148 – 

Campsie Precinct. 

• The application was notified in accordance with Development Control Plan 32. 

No submissions were received. 

• The proposed development generally complies with the requirements of the 


exception of the building height, building setback and building depth controls. 

The proposed development is consistent with and reflects the objectives of the 

zone and the performance criteria established under Development Control Plan 

54 – Town Centres. 






18 165-171 MILTON STREET, ASHBURY: MODIFICATION OF CONSENT FOR 

PERMANENT USE OF A TEMPORARY CALL CENTRE WITHIN A TYRE 

WAREHOUSE 

• The existing tyre warehouse and office complex has approval to operate from 

7.30am to 5.30pm Monday to Friday. This consent was modified to permit a 12 

month trial period to include the call centre component to operate between 

5.30pm and 7.30am seven days a week with a maximum of two employees. 

• The applicant seeks approval to continue operating the call centre between 

5.30pm and 7.30am on a permanent basis. Our records show that no complaints 

or incidents have taken place during the previous 12 month period. 

• The modification proposed by the applicant was notified in accordance with 

the requirements of our Notification Policy. One submission and a petition 

signed by a total of 23 people from 20 households was received. The objections 

raised include noise concerns, parking, breaches of consent and permissibility. 

• The applicant had previously submitted an acoustic engineers report in support 

of DA-170/2007/A which related to a 24 hour call centre operation at the site. 

The acoustic report was also used in the trial approval granted for DA- 

170/2007/C for this call centre. As this proposal does not alter how the call 

centre operates as outlined in the acoustic report and the fact that no complaints 

have been recorded during this period, our reliance on this report for this 

application is acceptable. 



Page 11




recommendation. 

19 93-97 BONDS ROAD, PUNCHBOWL: DEMOLITION, CONSTRUCTION AND 

STRATA SUBDIVISION OF 20 INDUSTRIAL UNITS 

• The proposal relates to the demolition of all structures on the site and the 

construction and strata subdivision of an industrial unit complex comprising of 

20 units and parking for 73 vehicles. 

• The subject site is zoned General Industrial 4(a) under Canterbury Planning 

Scheme Ordinance the proposed development is permissible in the zone with 

the consent of Council. 

• The application was notified in accordance with the requirements of our 

Notification Policy (DCP 32). No submissions were received. 

• The application has been assessed against the relevant provisions of SEPP 

Infrastructure, the Canterbury Planning Scheme Ordinance, Draft LEP 2012 

and other relevant codes and policies. The proposed development satisfies the 

relevant planning instruments codes and policies. 






20 16-20 ST ALBANS ROAD, KINGSGROVE: ALTERATIONS, ADDITIONS 

AND RECONSTRUCTION OF NORTHERN PORTION OF 

INDUSTRIAL/WAREHOUSE BUILDING 

• The applicant is seeking approval to reconstruct the northern portion of the 

existing industrial/warehouse building with alterations and additions, at the 

southern part of the subject site. 

• The proposal to reconstruct the remaining northern part of the damaged 

building is permissible with Council consent within the Light Industrial 4(b) 

zoning under the Canterbury Planning Scheme Ordinance. 

• The development application has been assessed against the relevant provisions 

contained within the Canterbury Planning Scheme Ordinance, DCP 20 – Car 

Parking Code, DCP 21 – Industrial Development Code and DCP 29 – Crime 

Prevention through Environmental design and, as the report demonstrates, was 

found to be satisfactory. 

• The application was notified in accordance with our Notification Policy and a 

total of 59 submissions were received, 46 of which were in the form of proforma 

letters. The submissions represent a total of 51 households in the 

locality. Issues raised in the submissions include concerns that the proposal 

will adversely impact on the amenity of local residents by way of increased 

traffic, lack of on-street parking, increased truck movements and associated 

noise, concerns about the applicant’s continued non-compliance with 

Page 12


conditions of consent, concerns about handling of asbestos and general 

dissatisfaction with the information submitted by the applicant in support 

of the proposal. These matters are discussed in detail in the body of this report. 






21 82 BELMORE ROAD RIVERWOOD: FITOUT AND CHANGE OF USE OF 

INDUSTRIAL BUILDING FOR VEHICLE BODY REPAIR WORKSHOP. 

• The proposal involves minor external works and the internal fit out and use of 

the existing industrial premises as a vehicle body repair station, and installation 

of one flush wall sign. 

• The application has been assessed against the relevant provisions of State 

Environmental Planning Policy (Infrastructure) 2007, the Canterbury Planning 

Scheme Ordinance, Draft Canterbury Local Environmental Plan 2012 and 

other codes and policy controls. The proposal is consistent with these 

requirements. 

• The application was notified in accordance with the requirements of our 

Notification Policy (DCP 32). One petition comprising a total of 86 signatures 

was received in objection to the proposal. Matters of concern related primarily 

to the proposed hours of operation, noise generation, disturbance and operation 

of deliveries. 






Page 13


GENERAL 

1 REPORT OF THE DEVELOPMENT ASSESSMENT PANEL 

FILE NO: D-7-2 PT28 

REPORT BY: MANAGER DEVELOPMENT ASSESSMENT 

Summary: 

The Development Assessment Panel has determined the development applications listed in 

this report, in accordance with the powers delegated to it. The report is submitted for the 

Committee’s information. 

Council Delivery Program and Budget Implications: 

This report has no implications for the Budget and supports our Community Strategic Plan 

long term goal of Balanced Urban Development. 

Report: 

Applicant Property Ward Development Determination 

1 August 2012 

A Harb 10 Boronia Street, 

Belfield. 

Enarch Project 

Consultants Pty 

Ltd 

502 Burwood Road, 

Belmore. 

V Tran 121 Haldon Street, 

Lakemba. 

NSW Land & 

Housing 

Corporation 

12-18 Leigh 

Avenue, 

Riverwood. 

S Tran 952 Punchbowl 

Road, Punchbowl. 


Boden Projects 427 Burwood Road, 

Pty Ltd 

Belmore. 

R Bechara 76-78 Clissold 

Parade, Campsie. 

Central Modification of Consent 

DA-117/2011 for dual 

occupancy involving 

internal layout and front 

Page 14 

setbacks. 

Central Demolition, construction of 

two storey dwelling with 

basement parking and front 

fence. 

Central Internal fitout of doctors 

surgery with two 

consultation rooms. 

West Alterations and additions to 

aged care facility. 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

West Construction of granny flat. APPROVED 

Central Alterations and ground 

floor addition to Club 

premises. 

Central Demolition, construction of 

infill affordable housing 

development containing 

sixteen units and basement 

parking. 

APPROVED 

APPROVED


REPORT OF THE DEVELOPMENT ASSESSMENT PANEL (CONT.) 


A Maksour 18 Kennedy Central Modification of Consent APPROVED 


Avenue, Belmore. 

DA-641/2009/B for dual 

occupancy involving south 

eastern elevation patio and 

ground floor toilet. 

Just Property & 20/94-98 Beamish Central Use for coaching academy, APPROVED 

Planning Street, Campsie. 

internal fitout and 

advertising sign. 

Design Studio 407 22/872 Canterbury West Coversion into two APPROVED 

Road, Roselands. 

tenancies, use of new 

tenancy as showroom and 

office for waterproofing 

products wholesaler. 

Glory King Pty 94 Haldon Street, Central Modification of Consent MODIFIED 

Ltd 

Lakemba. 

DA-7556/1994/A for 

restaurant involving hours 

of operation. 

R Mohamad 2 Vernon Street, West Demolition, construction of APPROVED 


Punchbowl. 

detached dual occupancy, 

front fence.and Torrens 

Title subdivision. 

Blueprint Designs 191-195 Homer East Alterations/additions to APPROVED 

Street, Earlwood. 

convert dwelling into 

attached dual occupancy 

and Torrens Title 

subdivision. 

J Ray 98 King Street, East Construction of awning for APPROVED 

Canterbury. 

exercising horses. 

CPT Manager Ltd 24 Roseland West Construction of storage APPROVED 

5 September 2012 

Avenue, Roselands. 

shed and fence in car park 

adjacent to Violet Street. 

Global Projects 26-62 Bridge Road, Central Alterations/additions to APPROVED 

NSW Pty Ltd Belmore. 

Club including kids play 

area, alfesco terrace and 

extension to gaming 

terrace. 

Urban Link Pty 3 Rome Street, Central Construction of infill APPROVED 

Ltd 


affordable housing 

development containing 

eight units, basement 

parking and Strata 

subdivision. 

Page 15


REPORT OF THE DEVELOPMENT ASSESSMENT PANEL (CONT.) 



J Bakhos 27 Dumore Street, 

Croydon Park. 

Australian 

Nursing Home 

Foundation 

Shun Yeung 

Taoist Association 

Inc 

113-115 Homer 

Street, Earlwood. 

2 Kent Street, 

Belmore. 


C Hanna 388-390 Canterbury 

Road & 1-1A Allen 

Street, Canterbury. 

N Dodar 13 McCallum 

Street, Roselands. 


A Maaz 33 Karne Street 

South, Narwee. 

G Petrakis & A 

Maglis 

RECOMMENDATION: 

THAT the report be noted. 

79 Welfare Avenue 

South, Narwee. 

East Construction of in-fill 

affordable housing 

development containing six 

townhouses and basement 

Page 16 

parking. 

East Alteration and addition to 

aged care facility. 

Central Fitout, use as art/cultural 

community centre and 

installation of two signs. 

East Alterations/additions to 

fire damaged building, 

continued use for 

restoration/sale of lounges, 

associated storage, office 

space. Use of adjoining 

Allen Street property for 

storage of building 

materials, off-street 

parking and loading. 

West Demolition, construction of 

two storey dual occupancy, 

front fence and Torrens 

Title subdivision. 

West Demolition, construction of 

in-fill housing development 

containing six townhouses 

and basement parking. 

West Internal fitout and use as 

hair salon. 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

APPROVED 

APPROVED


2 DEVELOPMENT APPLICATIONS DETERMINED BY COUNCIL 

OFFICERS UNDER DELEGATION 


REPORT BY: MANAGER DEVELOPMENT ASSESSMENT 

Summary: 

The development applications listed in this report were determined by Council Officers, in 

accordance with the powers delegated to them under the Act. The report is submitted for the 

Committee’s information. 




Report: 


J Donovan 49 Waterside East Alterations/additions to APPROVED 

Crescent, 

dwelling including 

Earlwood. 

swimming pool and shed. 

F Hazzouri 19 Fleet Avenue, East Construction of carport and APPROVED 

Earlwood. 

pergola. 

D Lewandowski 10 Flat Rock Road, 

Kingsgrove. 

East Alterations to carport. APPROVED 

RMF Sheds & 34 Skinner West Construction of 

APPROVED 

Garages 

Avenue, 

garage/workshop with 

Riverwood. 

bathroom and carport. 

M Mortada & S 70 William Street, East Construction of two storey APPROVED 

Sinacori Earlwood. 

dwelling and swimming 

pool. 

L Martin 4 Gower Street, East Rear addition to dwelling, APPROVED 

Hurlstone Park. 

construction of carport and 

front fence. 

M Zaioor 73 Broadarrow West Modification of Consent APPROVED 

Road, Narwee. 

DA-115/2011 for dual 

occupancy involving front 

elevation. 

S Kapsanis 222 William Street, East Alterations/additions to REFUSED 

Kingsgrove. 

dwelling and detached 

granny flat for conversion 

into boarding house with 

seventeen rooms 

A Jones 21 Roslyn Street, East Additions/alterations to APPROVED 

Ashbury. 


swimming pool, rear deck 

and front fence. 

Page 17


DEVELOPMENT APPLICATIONS DETERMINED BY COUNCIL OFFICERS UNDER DELEGATION (CONT.) 


M Nguyen 7 Faux Street, 

Wiley Park. 

West Demolition of dwelling. APPROVED 

Fusion Australia 40 South Parade, 

Campsie. 

Central Replacement of roof. APPROVED 

JKL Design 48 Benaroon Road, Central Modification of Consent APPROVED 

Lakemba. 

DA-562/2007 for 

outbuilding to add 

bathroom. 

J Nguyen 15 Redman Street, 

Campsie. 

Central Rear additions to dwelling. APPROVED 

G Lembit 13 Turton Avenue, East Rear extension to dwelling, APPROVED 

Clemton Park. 

demolition of garage and 

construction of outbuilding. 

Mediflex 186-190 

East Use for warehousing/ REFUSED 

Industries Pty Ltd Kingsgrove Road, 

distribution of medical and 

Kingsgrove. 

food grade gloves. 

Z Loncar 27 Fourth Street, East Conversion of barbeque APPROVED 

Ashbury. 

area into gym room with 

bathroom. 

C Bouziannis 47 Fricourt East Demolition, construction of APPROVED 

Avenue, Earlwood. 

garage, barbeque area and 

front fence. 

Vinh Nguyen 5 Craig Street, West Removal of swimming pool. APPROVED 

Bros & 

Association 

Punchbowl. 

Design Studio 37 Forrest Avenue, East Demolition, construction of APPROVED 

Earlwood. 

two storey dwelling, 

swimming pool and front 

fence. 

K Rallis 34 Ludgate Street, West Alterations and first floor APPROVED 

Roselands. 

addition to dwelling. 

K Andrews 58 Fourth Street, East Alterations and additions to APPROVED 

Ashbury. 

dwelling. 

J Tsamtseres 12 Keevin Street, West Alterations/additions to APPROVED 

Roselands. 


verandah, awning and front 

fence. 

B Inwood 25 Hurlstone East Alterations and additions to APPROVED 

Avenue, Hurlstone 

Park. 

dwelling. 

G Nedanovski 82 Bonds Road, West Construction of garage and APPROVED 

Roselands. 

storeroom. 

Cedar Design 33 Phillip Street, West Construction of outbuilding APPROVED 

Roselands. 

and pergola. 

J Weskin & G 104 Ludgate Street, West Construction of carport and APPROVED 

Campisi Roselands. 

garage. 

A Moussa 2 Clyde Street, East Construction of storage APPROVED 

Croydon Park. 

outbuilding. 

Page 18




E & G Khoury 9 Wilson Avenue, Central Modification of Consent APPROVED 

Belmore. 

DA-67/2012 for dwelling 

involving garage. 

John R Dean 20 Fifth Street, East Modification of Consent APPROVED 

Constructions Pty Ashbury. 

DA-517/2010 for dwelling 

Ltd 

involving roof design and 

sliding door. 

L Basevski 47 Payten Avenue, West Torrens Title Subdivision APPROVED 

Roselands. 

into two lots. 

M Lai 39 Kardella West Modification of Consent APPROVED 

Crescent, Narwee. 

DA-315/2011 for dwelling 

involving materials/finishes 

and rainwater tank. 

F Nemra 59 Yerrick Road, Central Construction of outbuilding APPROVED 

Lakemba. 

for use as office and garage. 

M Banister & L 135-137 Victoria West Modification of Consent APPROVED 

Murray 

Road, Punchbowl. 

DA-355/2010 for 

subdivision and boundary 

fence. 

Design Foot 5 Mill Street, East Modification of Consent APPROVED 

Prints Pty Ltd Hurlstone Park. 

DA-616/2009/A for 

dwelling involving roof 

colour and windows. 

B Aifantis 80 Wolli Avenue, East Modification of Consent APPROVED 

Earlwood. 


involving internal layout 

and external design. 

S Kontominas 37 Permanent East Alterations and additions to APPROVED 


dwelling. 

G Flessas 11 Hardy Avenue, West Installation of additional APPROVED 

Riverwood. 

windows to dwelling. 

D Abounader 17 Coney Road, East Enclosure of first floor APPROVED 

Earlwood. 

balcony to create sunroom. 

M Houvardas 82 Fricourt East Alterations/additions to APPROVED 


dwelling including deck and 

garage. 

Incontext Design 12 Finlays Avenue, East Modification of Consent APPROVED 

Pty Ltd 

Earlwood. 


involving internal layout, 

external design and garage. 

Modum Pty Ltd 49 Flers Avenue, East Alterations and first floor APPROVED 

Earlwood. 


C Roufas 125 Prince Edward East Alterations and first floor REFUSED 



Beyond 

5 Dreadnought West Alterations and first floor APPROVED 

Architechniques Street, Roselands. 


Page 19




Vinh Nguyen 5 Craig Street, West Rear addition to dwelling. APPROVED 

Bros & 

Association 

Punchbowl. 

Law & Dawson 21 Cecilia Street, Central Alterations to dwelling APPROVED 

Pty Ltd 

Belmore. 

garage, outbuilding and 

front fence. 

D Youssef 2 Waratah Street, 


Central Construction of garage. APPROVED 

2 Design Team 32 Lakemba Street, 

Belmore. 

Central Alterations to dwelling. APPROVED 

J Truong 20 Oxford Street, Central Alterations to dwelling and APPROVED 

Belmore. 

verandah. 

D & A Conceicao 10 Willunga East Construction of garage and APPROVED 


storeroom. 

S Ruan 61a Bayview East Modification of Consent APPROVED 


DA-747/2007/A for 

dwelling involving 

landscaping. 

Jay Design 7 Eulda Street, 

Belmore. 

Central Construction of verandah. APPROVED 

Mariccad Design 3 Keir Avenue, East Modification of Consent APPROVED 

Hurlstone Park. 


involving windows, 

basement and deck. 

JKL Design 9/94-98 Beamish Central Fitout, use as acupuncture APPROVED 

Street, Campsie. 

and herbal medicine clinic. 

R Rahme 57 Highcliff Road, East Demolition, construction of APPROVED 

Earlwood. 

retaining wall and front 

fence. 

J Rafla 334 Beamish Central Alterations and first floor APPROVED 



S Soo 18 Wonga Street, Central Modification of Consent APPROVED 



involving internal layout 

and awning. 

Design Studio 57 Jarrett Street, East Construction of carport. APPROVED 

407 

Clemton Park. 

The Site Foreman 43 Melville Street, East Alterations and additions to APPROVED 

Pty Ltd 

Ashbury. 

dwelling including front 

fence. 

F & A 

29 Fricourt East Additions to garage. APPROVED 

Cammaroto Avenue, Earlwood. 

G Apostolakis 5 Vimy Street, East Modification of Consent APPROVED 

Earlwood. 


involving deck, pergola and 

carport. 

Page 20




I Siddiq-Conlon 28-30 Haldon Central Conversion of garages/ REFUSED 

Street, Lakemba. 

storerooms to food 

preparation/storage areas, 

and car space. 

T Pullen & H 26 Modern East Modification of Consent APPROVED 

Ritchie 

Avenue, 



involving shed and pergola. 

D Reynolds 5 Coorilla Avenue, East Alterations/additions to APPROVED 

Croydon Park. 


carport. 

F Hazzouri 1 Proctor Avenue, East Alterations and additions to APPROVED 

Kingsgrove. 

garage. 

M Vrontas 10 Boomerang East Modification of Consent APPROVED 


DA-547/2009/A for 

dwelling involving balcony 

and privacy screens. 

Y Wang 24/94-98 Beamish 


Central Fitout of office space. REFUSED 

Homeclad Pty Ltd 1/23 Bazentin 

Street, Belfield. 

Central Construction of carport. APPROVED 

A Nicholas 18 Angus Street, East Construct of garage with APPROVED 

Earlwood. 

attic, covered outdoor area 

and carport. 

A Sukkar 159 Bexley Road, East Modification of Consent APPROVED 

Kingsgrove. 

DA-732/2009/A for granny 

flat involving landscaping. 

G Filippello 63 William Street, East Alterations and additions to APPROVED 

Earlwood. 

dwelling including deck. 

Groundup 20 Marcella Street, East Alterations to dwelling and APPROVED 

Building Pty Ltd Kingsgrove. 

carport. 

J Gregory 24 Leith Street, 

Ashbury. 

East Construction of deck. APPROVED 

E S Engineering 24 Morgan Street, East Modification of Consent APPROVED 

& Drafting Earlwood. 


to delete balcony and add 

pergola. 

J Moor 53 Undercliffe East Alterations/additions to APPROVED 

Road, Earlwood. 


garage. 

W McManus 32 Bazentin Street, Central Construction of carport and APPROVED 

Belfield. 

front fence. 

J Nassif 2-3 Torrens Street, West Modification of Consent APPROVED 

Punchbowl. 

DA-141/2010 for 

townhouses/villas involving 

subdivision stage. 

Page 21




J Ntais 71 Viking Street, East Construction of carport and APPROVED 

Campsie. 

front fence. 



Page 22


3 PLANNING REFORM FUND: CADASTRAL DATABASE 

IMPROVEMENT PROJECT 

FILE NO: L-82-7 

REPORT BY: DIRECTOR CITY PLANNING 

Summary: 

• In 2011 funding under the NSW Planning Reform Fund was approved for the 

Cadastral Database Improvement Project. 

• The key outcome of the project was to align our GIS databases with those of Land 

and Property Information (LPI). 

• The project has been satisfactorily completed. 

• It is recommended that the completion of the project be recognised and endorsed so 

that the final claim for funding payment can be made as required by the funding 

agreement. 



long term goal of Engaged Community. 

Report: 

In 2011, we made an application for funding under the NSW Government’s Planning Reform 

Fund to undertake the Cadastral Database Improvement Project. 

The purpose of the project was to align our GIS databases with those of Land and Property 

Information (LPI). This was a key component of our comprehensive LEP as it allows all 

Council’s LEP maps to be aligned on the same cadastral database ensuring high levels of 

consistency and accuracy. 

It also provided for automatic incremental updates of the cadastral database for new 

subdivisions, thereby ensuring greater levels of both accuracy and currency of data. 

The funding application was approved and an external consultant engaged to undertake the 

project. The project has now been satisfactorily completed. 

The terms of the funding agreement between us and the Department of Planning require 

formal endorsement of the completed project before final payment can be received. 


THAT the satisfactory completion of the Cadastral Database Improvement Project be 

acknowledged. 

Page 23


CENTRAL WARD 


COMMERCIAL/RESIDENTIAL BUILDING AND CONVERSION 

TO MULTIPLE UNIT DEVELOPMENT CONTAINING THREE 

DWELLINGS 

FILE NO: 967/19D 


WARD: CENTRAL 

D/A No: 96/2012 

Applicant: 

Owner: 

Arthur Poulos 

Arthur and Gail Poulos 

Zoning: Residential 2(c) under Canterbury Local Environmental Plan No. 

148 (Campsie Precinct) 

Application Date: 29 March 2012, Further information provided 21 May 2012, 28 

June 2012, 2 July 2012, 10 August 2012 and 24 August 2012 

Summary: 

• It is proposed to carry out alterations to the existing two storey “shop top” building 

and convert it to a multiple unit development containing one two bedroom dwelling 

and two one bedroom dwellings. 

• The subject site is zoned Residential 2(c) under Canterbury Local Environmental Plan 

148. The proposed development, defined as ‘multiple unit housing’ is permissible with 

our development consent. 

• The proposed development has been assessed against the provisions of all relevant 

planning policies, development control plans and policies and is generally compliant 

with these requirements. Issues of non-compliances regarding setbacks and landscape 

open space are discussed in the body of the report. 

• The development application has been notified in accordance with the requirements of 

our Development Control Plan 32 – Notification Policy. No submissions were 

received. 

• It is recommended the application be approved subject to conditions. 


This report has no implications for the Budget. The assessment of the application supports our 

Community Strategic Plan long term goal of Balanced Urban Development. 

Report: 

Background 

On 19 November 1978, Council approved application 4823 for the demolition of the existing 

structures and construction of a two storey building comprising a ground floor shop with 

associated amenities and first floor three bedroom dwelling. 

Page 24


19 WONGA STREET, CAMPSIE; ALTERATIONS TO MIXED COMMERCIAL/RESIDENTIAL BUILDING AND 

CONVERSION TO MULTIPLE UNIT DEVELOPMENT CONTAINING THREE DWELLINGS (CONT.) 

Site Details 

The subject site is located on the western side of Wonga Street, Campsie between Redman 

Street and Evaline Street. It has a frontage to Wonga Street of 15.24 metres and a site area of 

480.1 square metres. A two storey building exists on the site, comprising a ground floor retail 

shop and first floor residence in the “shop top” style. The site is surrounded by residential 

developments including residential flat buildings on both sides and single dwellings. 

Proposal 

The applicant is seeking permission to carry out alterations to the existing building and its 

conversion into a residential flat building containing one x two bedroom and two x one 

bedroom apartments. The existing retail shop will be removed as part of this proposed 

conversion. 

The proposed alterations relate to reconfiguration of the building internally, including 

provision of kitchens, bathrooms, entrances and partition walls. The building will be 

upgraded externally by replacing an existing sliding door on the Wonga Street façade with a 

window and providing a sliding door to the northern elevation to allow access to the 

landscaped open space area. The existing building will largely retain its existing envelope. 

The building is to be cement rendered. 

Statutory Considerations 

When determining this development application, the relevant matters listed in Section 79C of 

the Environmental Planning and Assessment Act, 1979, must be considered and in this regard, 

the following environmental planning instruments, development control plans, codes and 

policies are relevant: 

• Canterbury Local Environmental Plan 148: Campsie Precinct 

• Draft Canterbury Local Environmental Plan 2012 

• State Environmental Planning Policy 2004 – BASIX 

• Development Control Plan 13 – Multiple Unit Development (DCP 13) 

• Development Control Plan 20 – Car Parking (DCP 20) 

Page 25




• Development Control Plan 29 – Crime Prevention Through Environmental Design 

(DCP 29) 

• Development Control Plan 37 – Energy Smart Homes (DCP 37) 

• Development Control Plan 45 – Landscaping (DCP 45) 

• Development Control Plan 48 – Waste Management (DCP 48) 

Assessment 

The development application has been assessed under Sections 5A and 79C of the 

Environmental Planning and Assessment Act, 1979 and the following key issues emerge: 

• Canterbury Local Environmental Plan 148 (Campsie Precinct) 

The subject site is zoned Residential 2(c) under Canterbury Local Environmental Plan 

148 - Campsie Precinct (CLEP 148). The proposal is defined under CLEP 148 as 

multiple unit housing and is a permissible use within the zone. 

The objective of this zone is to achieve: 

(a) Residential development allowed in the Residential “A” zone and multiple unit 

housing; and 

(b) Development which will not detrimentally affect the residential character or 

amenity of the area. 

The proposed development is consistent with the objectives as it is a multiple unit 

development which will not detrimentally affect the residential character or amenity of 

the area. 


On 29 March 2012 Draft Canterbury Local Environmental Plan 2012 went on public 

exhibition and became an instrument for consideration under Section 79C(1)(a)(ii) of 

the Environmental Planning and Assessment Act 1979. The Draft Canterbury Local 

Environmental Plan was adopted by Council on 26 July 2012. The broad controls 

applicable to this application are as follows: 

Standard Requirement Proposal Complies 

Zoning R4 High Density Residential Residential Flat Building Yes 

Height 11.5 metres 9 metres Yes 

FSR 0.9:1 0.55:1 Yes 

However, the draft LEP has not yet been gazetted and no determinative weighting can 

be afforded to its provisions in respect to this application. 

• State Environmental Planning Policy 2004 - BASIX 

BASIX Certificate 427548M accompanies this application. The certificate makes a 

number of energy and resource commitments in regard to landscaping, provision of a 

gas instantaneous hot water heating system for each dwelling, natural lighting and 

thermal comfort. These commitments have been shown on the DA plans and satisfy 

the requirements of the SEPP. 

Page 26




• Development Control Plan 13 – Multiple Unit Development (DCP 13) 

The proposal compares to the numerical requirements of DCP 13, as outlined in the 

table below: 

Control Requirement Proposal Complies 

Minimum 

Frontage 

20 metres 15.24 metres No 

Density (Density 125sqm per small dwelling 480.10 sqm Yes 

Zone 3) 

(2 proposed) = 250sqm 

185sqm per medium dwelling 

(1 proposed) = 185sqm 

Total = 435sqm 

Landscaped Open 

Space 

166sqm 134sqm No 

Private Open 5sqm (min) for each small 13.6sqm min (34 sqm total) Yes 

Space 

dwelling (10 sqm total) 

7sqm (min) for medium 

dwelling 

48sqm Yes 

Front Boundary 7.5m 6m to building wall No 

Setback 

4.5m covered balcony 

Side & Rear 3.75m North elevation = 3.89m Yes 

Boundary Setback 

West elevation = 8.5m Yes 

South elevation = 3.47m No 

Height of 

Building 

9m max 8.5m Yes 

Car Parking 1 space per 1 bed dwelling 2 spaces 

Yes 

Spaces 

(2 proposed) = 2 

1.2 space per 2 bed dwelling 


1 space 

Yes 

Visitor = 1 

1 visitor space 

Yes 

Total = 4 

Total: 4 car spaces 

Yes 

As demonstrated in the above table, the proposed development complies with the 

requirements of DCP 13, with the exception of the frontage, landscaped open space, 

front setback and side boundary setbacks for the southern elevation. These issues are 

discussed in more detail below. 

Frontage 

The subject site has a frontage of 15.24 metres to Wonga Street, which is a non 

compliance with the numerical requirement of DCP 13, which requires a frontage of 

20 metres for multiple unit developments. 

However, as the proposal relates only to internal alterations and upgrading works to 

the exterior of the existing building for its conversion to the multiple unit 

development, the non compliance with the frontage is considered reasonable. It will 

not affect the streetscape of Wonga Street, as there will be no change to the built form 

other than an improvement due to the upgrading works. 

Page 27




While the departure from our frontage control is significant, it is noted that the intent 

of this control is to provide for larger (and wider) sites to best accommodate new 

multiple unit developments. The subject site, whilst narrower than DCP 13 identifies, 

accommodates a modest number of dwellings without any significant building 

envelope changes and without negative impacts on the local amenity. In this regard, 

the departure from our frontage control does not represent an impediment to realising 

the development potential of this site in isolation from its neighbours and should be 

supported. 

The conversion of the shop and residence is supported as this has become an unviable 

use of the site. For these reasons, the non compliance with the frontage requirement is 

deemed acceptable. 

Landscaped Open Space 

In order to comply with DCP 13, the proposal requires a total landscaped open space 

area of 166sqm. The proposal is seeking a variation to this requirement in that the 

proposal includes a total of 134sqm of landscaped open space. This non compliance is 

created by the layout of the existing building and the competing requirement to 

provide four car parking spaces on site. 

In considering the non compliance, it is noted that each of the three proposed 

apartments each exceed the level of required private open space to be provided, which 

will provide a reasonable level of amenity to each apartment. It is also noted that the 

streetscape will be improved as a result of the proposal due to the provision of a 

landscaped area forward of the building line. 

On this basis, the non compliance with the landscaped open space requirement will not 

have a negative impact and is worthy of support. 

Front Setback 

DCP 13 requires that the building be setback 7.5 metres from the Wonga Street 

frontage. The existing building has a setback to the front wall of the building of 6 

metres. A covered balcony exists on the first floor which is setback 4.5 metres from 

the Wonga Street boundary. Despite this numerical non compliance, the existing built 

form and setback is not being altered and is therefore acceptable. 

Side Boundary Setback 

The setback requirements of DCP 13 require that the minimum setback from the side 

and rear boundaries be 3.75 metres. The proposal does not achieve this numerical 

requirement on the southern elevation, which is setback from the side boundary by 

3.47 metres. However, given that the building is existing and there are no negative 

impacts to the adjoining property as a result of the non compliance, the proposal is 

acceptable in this regard. 


The proposal compares to the requirements of our Development Control Plan 20 – Car 

Parking (DCP 20) as outlined in the table below: 

Page 28





Multiple Unit 1 space per 1 bed dwelling 2 spaces Yes 

Development (2 proposed) = 2 

1.2 space per 2 bed dwelling 


1 spaces Yes 

Total = 3 

3 spaces Yes 

Visitor Parking 1 space per 5 dwellings = 1 

spaces 

1 space Yes 

The proposal is consistent with the requirements of our Development Control Plan 20 

– Car Parking. 

• Development Control Plan 29 – Crime Prevention Through Environmental 

Design (DCP 29) 

The proposed development has also been assessed against the relevant provisions of 

our Development Control Plan 29 – Crime Prevention Through Environmental Design 

(DCP 29), which aims to promote design as a genuine crime prevention strategy 

through three main principles, namely natural surveillance, access control and 

ownership. 

Standard Requirement Proposed Complies 

Site and Address the street, or both The building is orientated toward Yes 

Building streets and corners 

Wonga Street which achieves 

Layout 

natural surveillance 

Habitable rooms with Dwellings have been orientated to Yes 

windows at front of 

dwellings 

ensure windows front Wonga Street 

Access Access to the individual units Each individual entry is to be Yes 

Control be clearly marked and clearly numbered with the 

apparent to visitors 

dwellings accessible through that 

entry. 

Ownership Dwellings and communal Sense of ownership achieved Yes 

areas to provide sense of through the use of design features, 

ownership 

including landscaping, building 

materials and site layout. 

Natural Avoid blind corners in The building layout avoids blind Yes 

surveillance pathways, stairwells, 

hallways and car parks. 

corners. 

Minimise That concealment points be The proposal eliminates 

Yes 

concealmen 

t points 

eliminated. 

concealment points. 

The proposal is consistent with the Crime Prevention Through Environmental Design 

Code. 


This DCP applies insofar as it aims to protect and maintain the solar access of 

immediately adjoining residential properties by ensuring it receives 2 hours sunlight 

between 9am and 3pm on June 21 to the various scenarios tabled below: 

Page 29




Solar Access Requirement Proposed Complies 

2 hours solar access to 50% or 35m2 Ground level private open space of Yes 

(Whichever is the lesser) of adjoining adjoining properties will not be 

ground floor private open space between 

9.00am and 3.00pm on June 21. 

impacted by the proposal 

One living room window (of the adjoining Solar access to living room windows Yes 

property) is to receive 2 hours sunlight of adjoining properties remains 

between 9am and 3pm on June 21. unchanged as a result of the proposal 

The proposed development, which does not significantly alter the existing building 

envelope, does not alter the existing amount of solar access to neighbouring sites and 

as demonstrated in the table above, the proposal complies with the solar access 



The proposed development has been assessed against the provisions of Development 

Control Plan 45 – Landscaping. 

Our Landscape Architect is satisfied with the landscape proposal on the subject site 

and has recommended that a number of landscape related conditions be imposed 

should the application be approved. This will require that a number of trees which are 

removed to accommodate parking spaces at the rear of the site be replaced with 

suitable species. 


The proposed development has been assessed against the provisions of Development 

Control Plan 48 – Waste Management. The DCP requires consideration of the design 

and location of waste management facilities on site. 

The proposed development in its current form complies with the requirements of DCP 

48 in that the bin presentation area will be within 15 metres of the kerb to allow for 

collection in accordance with current waste management contracts. 

• Stormwater Management Manual – Specification 9 ‘A Guide to Stormwater 

Drainage Design’ 

The proposed development and accompanying engineering drawings have been 

reviewed by our Development Engineer who has found that the proposal complies 

with the requirements of our Stormwater Management Manual. Conditions regarding 

stormwater management have been recommended. 

• Section 94 Contributions Plan 

The provisions of our Section 94 Contribution Plan apply to the proposed development 

in that it will provide residential dwellings on the subject site. Based on the provision 

of one medium and two small dwellings (as well as a credit for the existing large 

dwelling), the proposed development attracts a contribution of $9,488.48 for open 

space, recreation facilities, community facilities environmental amenity 

improvements, traffic control and management and monitoring research and 

administration. 

Page 30




Referrals 

• Fire Safety 

The proposal has been reviewed by our Fire Safety Officer, who has indicated that the 

proposal is capable of satisfying the fire safety provisions of the National Construction 

Code in terms of fire safety. A condition of consent has been recommended which 

requires the applicant to obtain a final fire safety certificate prior to the issue of an 

Occupation Certificate. 

Notification 

The development application has been notified in accordance with the requirements of our 

Development Control Plan 32 – Notification Policy for a period of 14 days. No submissions 

were received. 

Conclusion 

The development application has been assessed pursuant to the provisions of Section 79C of 

the Environmental Planning and Assessment Act 1979 and all relevant development control 

plans, codes and policies. The application is recommended for approval subject to conditions 

of consent. 

The proposal represents a suitable development for the site with an adaptive reuse of an 

existing building which will provide a reasonable living amenity for occupants. The 

departures sought from our Multiple Unit Development Code are considered reasonable given 

that they do not create any impacts on the adjoining properties and that the existing shop and 

dwelling arrangement is a non viable option and uneconomical use of the site. 


THAT Development Application 96/2012 be APPROVED subject to the following 

conditions: 

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 

1. The following must be submitted to either Council or an Accredited Certifier prior to 

the issuing of a Construction Certificate: 

1.1. Details of: 

• Building Specifications 

• Fire Safety Schedule 

• Landscape Plan 

• Hydraulic Plan 

• Firewall Separation 

• Soil and Waste Management Plan 

• Mechanical ventilation 

1.2. Payment of the Long Service Leave Levy to the Long Service Leave 

Corporation or to Council. 

1.3. Payment to Council of: 

Kerb and Gutter Damage Deposit $2516.00 

Section 94 Contributions $9,488.48 

Certificate Registration Fee $36.00 

Long Service Levy $350.00 

Page 31




1.4. If you appoint Council as your Principal Certifying Authority, the following 

fees are payable: 

Construction Certificate Application Fee $999.25 

Inspection Fee $755.00 

Occupation Certificate Fee $148.00 

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 

5 Section 36 of the Building and Construction Industry Long Service Payments Act 

1986. 

Note 2: If you appoint a Principal Certifying Authority other than Council, the fees 

shown in the fee quote attachment do not apply, however other fees will apply. 

Note 3: When the items in this condition are provided and have been assessed as 

satisfactory, your Construction Certificate will be posted to you. 

Note 4: Section 94 contribution payments are payable by cash, bank cheque, or 

EFTPOS. 

Note 5: All Council fees referred to above are subject to change. You need to refer to 

our website or contact our Customer Service Centre for a current schedule of fees prior 

to payment. 

BEFORE COMMENCING THE DEVELOPMENT 

2. Before the erection of any building in accordance with this Development Consent; 

2.1. detailed plans and specifications of the building must be endorsed with a 

Construction Certificate by the Council or an Accredited Certifier, and 

2.2. you must appoint a Principal Certifying Authority (either Canterbury City 

Council, or an Accredited Certifier) and notify the Council of the appointment 

(see Attachment – Notice of Commencement copy), and 

2.3. you must give the Council at least 2 days notice of your intention to commence 

erection of the building (see Attachment – Notice of Commencement copy). 

2.4. In the case of work which includes residential development, you must inform 

us in writing before the commencement of work of the following: 

2.4.1. The name and contractor or licence number of the licensee who has 

contracted to do or intends to do the work; or 

2.4.2. The name and permit number of the owner-builder who intends to do 

the work. 

SITE SIGNAGE 

3. A sign shall be erected at all times on your building site in a prominent position stating 

the following: 

3.1. The name, address and telephone number(s) of the principal certifying 

authority for the work, and 

3.2. The name of the person in charge of the work site and a telephone number at 

which that person may be contacted during and outside working hours, and 

3.3. That unauthorised entry to the work site is prohibited. 

GENERAL 

4. The development being carried out in accordance with the plans, specifications and 

details prepared by Nexus Architecture Pty Ltd, marked Drawing Plan No: DA-01, as 

received by Council on 29 June 2012, Plan No DA-02 Rev A, dated 15 May 2012 as 

received by Council on 21 May 2012, except where amended by Conditions specified 

within this Notice.4.1. The car parking area at the rear of the site is to be amended to 

be consistent with the approved Landscape Plan. 

Page 32




5. All materials must be stored wholly within the property boundaries and must not be 

placed on the footway or roadway. 

6. All building operations for the erection or alteration of new buildings must be 

restricted to the hours of 7.00a.m.-5.00p.m. Monday to Saturday, except that on 

Saturday no mechanical building equipment can be used after 12.00 noon. No work is 

allowed on Sundays or Public Holidays. 

7. All building construction work must comply with the National Construction Code. 

8. Finishes and materials including the treatment of external walls, roofing, balcony 

balustrades, fences, windows and doors being in accordance with the drawings and 

schedule received by Council on 21 May 2012. The approved design (including an 

element or detail of that design) or materials, finish or colours of the building must not 

be changed so as to affect the external appearance of the building without the approval 

of Council. 

9. Four off-street car spaces being provided in accordance with the submitted plans. This 

shall comprise: 

• One space for each small/medium dwelling 

• One visitor/common space(s). 

The car space(s) being allocated and marked according to this requirement. If the 

development is to be strata subdivided, the carpark layout must respect the above 

allocation. 

10. Signage being erected for visitor/common car spaces to notify and allow people to use 

the designated spaces. 

11. This condition has been levied on the development in accordance with Section 94 of 

the Environmental Planning and Assessment Act 1979 and in accordance with 

Canterbury City Council’s Section 94 Contributions Plan 2005, after identifying the 

likelihood that this development will require or increase the demand on public 

amenities, public services and public facilities in the area. 

The amount of the contribution (as at the date of this consent) has been assessed as 

$9488.48. The amount payable is based on the following components: 

Contribution Element Contribution Account No. 

• Open Space Acquisition $ 4572.12 711 

• Recreation Facilities $ 767.29 712 

• Community Services $ 2432.93 713 

• Environmental Amenity Improvements $ 947.56 714 

• Traffic Control and Management $ 161.41 715 

• Monitoring, research and administration $ 607.17 717 

Note: The contributions payable will be adjusted, at the time of payment, to reflect 

Consumer Price Index increases which have taken place since the development 

application was determined. 

The contribution is to be paid to Council in full prior to the release of the Construction 

Certificate, (or for a development not involving building work, the contribution is to 

be paid to Council in full before the commencement of the activity on the site) in 

accordance with the requirements of the Contributions Plan. 

12. Under clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, 

it is a condition of this development consent that all the commitments listed in each 

relevant BASIX Certificate for the development are fulfilled. 

In this condition: 

a) relevant BASIX Certificate means: 

Page 33




i) a BASIX Certificate that was applicable to the development when this 

development consent was granted (or, if the development consent is 

modified under section 96 of the Act, A BASIX Certificate that is applicable 

to the development when this development consent is modified); or 

b) 

ii) if a replacement BASIX Certificate accompanies any subsequent application 

for a construction certificate, the replacement BASIX Certificate; and 

BASIX Certificate has the meaning given to that term in the Environmental 

Planning and Assessment Regulation 2000." 

13. Council’s warning sign for Soil and Water Management must be displayed on the 

most prominent point on the building site, visible to both the street and site workers. 

The sign must be displayed throughout construction. 

14. A Final Fire Safety Certificate is to be submitted to the Principal Certifying Authority 

prior to the issue of an Occupation Certificate. 

LANDSCAPING 

15. Landscape works must be completed according to the submitted landscape plan (Dwg 

No. L01/1-R16914, prepared by Michael Siu Landscape Architects and received by 

Council on 24 August 2012), except where amended by the conditions of consent. 

The landscaping is to be maintained at all times to the Council's satisfaction. 

16. All five (5) site trees located near the rear and northern boundaries may be removed to 

accommodate the proposed car park. The removal of these trees is conditional on three 

(3) native tree species to be planted in site at minimum 75 litre container size. Two of 

them shall be planted in the front setback area. The recommended species are: 

Callistemon viminalis (Common Name: Weeping Bottle brush) and Brachychiton 

acerifolius (Common Name: Illawarra Flame Tree). The above-mentioned 

requirements must be addressed on the Landscape Plan for the issue of Construction 

Certificate. 

17. All the tree supply stocks shall comply with the guidance given in the publication 

Specifying Trees: a guide to assessment of tree quality by Ross Clark (NATSPEC, 

2003). The requirements for height, calliper and branch clearance for 75 litre trees are 

as below table: 

Container Size Height (above Caliper (at 300mm) Clear Trunk Height 

container) 

75 litre 2.2 – 2.4 metres 40 – 45mm 1.4 metres 

ENGINEERING 

18. That the stormwater system be constructed in general, in accordance with the plans, 

specifications and details received by Council on 29 March 2012 drawing numbers C- 

2054-01, prepared by Pavel Kozarovski and as amended by the following condition. 

19. All downpipes, pits and drainage pipes shall be installed to ensure that stormwater is 

conveyed from the site and into Council’s stormwater system in accordance with 

AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and 

Council’s Stormwater Management Manual - Specification 9 “A Guide for 

Stormwater Drainage Design”. 

20. All stormwater must pass through a silt arrestor pit prior to discharge to kerb and 

gutter. Silt arrestor pit is to be sized in accordance with clause 3.3.2 of our Stormwater 

Management Manual ~ Specification 9. Sump depth is to be a minimum of 300mm 

deep. 

Page 34




21. Full width grated drains being provided across the vehicular entrance/exit to the site 

where internal areas drain towards the street, and be connected to the drainage system 

upstream of the silt arrestor pit and in accordance with Clause 4 of our Stormwater 

Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”. 

22. An on-site stormwater detention system OSD must be provided if the postdevelopment 

impervious area is greater than or equal to 70% of the total site area. 

23. Where OSD is required; three (3) copies of plans and calculations must be submitted 

prior to the issue of Construction Certificate to the Principal Certifying Authority PCA 

and Canterbury City Council, if Council is not the PCA. The plans must be prepared 

by a practicing Civil Engineer and include levels reduced to Australian Height Datum 

(AHD) and full details of the hydraulic evaluation of the entire stormwater drainage 

system. The details shall be prepared in accordance with Council’s Stormwater 

Management Manual – Specification 9. 

24. A Works-as-Executed plan must be submitted to Canterbury City Council at the 

completion of the works, the plan must clearly illustrated dimensions and details of the 

site drainage and the OSD system. The plan shall be prepared by a registered surveyor 

or an engineer. A construction compliance certification must be provided prior to the 

issuing of the Occupation Certificate to verify, that the constructed stormwater system 

and associate works has been carried out in accordance with the approved plan(s), 

relevant codes and standards. The required certification must be issued by an 

accredited professional in accordance with the accreditation scheme of the Building 

Professional Board issued 1 st March 2010. An appropriate instrument must be 

registered on the title of the property, concerning the presence and ongoing operation 

of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management 

Manual – Specification 9. 

25. The applicant to arrange with the relevant public utility authority the alteration or 

removal of any affected services in connection with the development. Any such work 

being carried out at the applicant’s cost. 

26. The levels of the street alignment are to be obtained by payment of the appropriate fee 

to Council. These levels are to be incorporated into the designs of the internal 

pavements, carparks, landscaping and stormwater drainage. Evidence must be 

provided that these levels have been adopted in the design. As a site inspection and 

survey by Council is required to obtain the necessary information, payment is required 

at least 14 days prior to the levels being required. 

SYDNEY WATER REQUIREMENTS 

27. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be 

obtained. Application must be made through an authorised Water Servicing Coordinator. 

Please refer to “Your Business” section of Sydney Water’s web site at 

www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92. 

Following application, a “Notice of Requirements” will be forwarded detailing water 

and sewage extensions to be built and charges to be paid. Please make early contact 

with the Co-ordinator, since building of water/sewer extensions can be time 

consuming and may impact on other services and building, driveway or landscape 

design. 

The Section 73 Certificate must be submitted to the Principal Certifying Authority 

prior to occupation of the development/release of the final plan of subdivision. 

A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal 

Certifying Authority prior to the Construction Certificate being issued. 

Page 35




28. The approved plans shall be submitted to the appropriate Sydney Water Quick Check 

agent or Customer Centre to determine whether the development will affect Sydney 

Water’s sewer and water mains, stormwater drains and/or easements, and if further 

requirements need to be met. Plans will be appropriately stamped. For Quick Check 

agent details please refer to the web site www.sydneywater.com.au, see Your 

Business, then Building & Developing, then Building & Renovating, or telephone 13 

20 92. 

CRITICAL INSPECTIONS 

29. Class 2, 3 or 4 Buildings 

The following critical stage inspections must be carried out by the Principal Certifying 

Authority (either Council or the Accredited Certifier): 

29.1. at the commencement of the building work, and 

29.2. prior to covering of waterproofing in any wet areas, for a minimum of 10% of 

rooms with wet areas within the building, and 

29.3. prior to covering any stormwater drainage connections, and 

29.4. after the building work has been completed and prior to any occupation 

certificate being issued in relation to the building. 

30. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a 

development consent, if not carrying out the work as an owner-builder, must notify 

the principal contractor for the building work of any critical stage inspections 

and other inspections that are to be carried out in respect of the building work, as 

nominated in this development consent. To arrange an inspection by Council please 

phone 9789-9300 during normal office hours. 

COMPLETION OF DEVELOPMENT 

31. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal 

Certifying Authority before partial/entire occupation of the development. 

WE ALSO ADVISE 

32. This application has been assessed in accordance with the National Construction Code. 

33. You should contact Sydney Water prior to carrying out any work to ascertain if 

infrastructure works need to be carried out as part of your development. 

34. Where Council is appointed as the Principal Certifying Authority, you will be required 

to submit Compliance Certificates in respect of the following: 

• Final Fire Safety Certificate 

• BASIX completion 

• Glazing 

• Waterproofing 

35. Any works to be carried out by Council at the applicant’s cost need to be applied for in 

advance. 

36. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 

1300 652 077 (with your street no./name, side of street and distance from the nearest 

cross street) for underground utility services information for any excavation areas. 

37. In granting this approval, we have considered the statutory requirements, design, 

materials and architectural features of the building. No variation to the approved 

design and external appearance of the building (including colour of materials) will be 

permitted without our approval. 

38. Our decision was made after consideration of the matters listed under Section 79C of 

the Environmental Planning and Assessment Act 1979, and matters listed in Council's 

various Codes and Policies. 

39. If you are not satisfied with this determination, you may: 

Page 36




39.1. Apply for a review of a determination under Section 82A of the Environmental 

Planning and Assessment Act 1979. A request for review must be made and 

determined within 6 months of the date of the receipt of this Notice of 

Determination; or 

39.2. Appeal to the Land and Environment Court within 6 months after the date on 

which you receive this Notice of Determination, under Section 97 of the 

Environmental Planning and Assessment Act 1979. 

Page 37


IHAP ITEMS 

5 INDEPENDENT HEARING AND ASSESSMENT PANEL - 3 

SEPTEMBER 2012 REPORT 


RPORT BY: DIRECTOR CORPORATE SERVICES 

Summary: 

• The report of the Independent Hearing and Assessment Panel (IHAP) is submitted for 

the Committee’s information. 

• The Panel’s recommendation also appears in each of the respective City Development 

Committee reports considered by IHAP included in this business paper. 





Report: 

Report of the Independent Hearing & Assessment Panel Meeting, held in the Function 

Room, 137 Beamish Street, Campsie on 3 September 2012 

Present 

Mr Michael McMahon (Law) - Chairperson 

Mr Lloyd Graham (Town Planning) 

Ms Stacey Miers (Social Science) 

Mr Jeffrey Bye (Environmental Science) 

Mr Roger Hedstrom (Urban Design/Architecture) 

Staff in Attendance 

Ms Sung Pak (Administration Officer - IHAP) 

Ms Lia Chinnery (Governance Coordinator, not present for the closed session) 

Mr Stephen Pratt (Team Leader - Development Assessment, not present for the closed 

session) 

The meeting opened at 6.05 p.m. 

Introduction 

The Chairperson welcomed all those present and introduced the members of the Panel. He 

then explained the reasons for the IHAP and that the recommendations made at this meeting 

would be referred to the City Development Committee for determination. 

Declarations of Interest 

The Chairperson asked the Panel if any member needed to declare a pecuniary interest in any 

of the items on the agenda. There were no declarations of interest. 

Page 38


INDEPENDENT HEARING AND ASSESSMENT PANEL 3 SEPTEMBER 2012 REPORT (CONT.) 

1 13-15 ANGLO ROAD, CAMPSIE: DEMOLITION AND CONSTRUCTION OF 

A MIXED RETAIL/RESIDENTIAL DEVELOPMENT WITH BASEMENT 

CARPARKING 

IHAP Recommendation 

THAT Development Application DA-622/2011 be APPROVED in accordance with 

the recommendation of the Director City Planning, subject to amendments as follows: 

1. Insert new conditions as follows: 

“6a. Units 7, 13, 19 and 27 internal planning shall be reconfigured to 

provide primary daylight access to all habitable rooms without making 

use of the eastern void. 

6b. Provide a suitable modulated façade design and external finishes for the 

side walls on the eastern and western façades exposed to view. 

6c. The attics shall be relocated 800mm further north, away from the Anglo 

Road elevation. 

6d. The eastern lift shall be moved 300mm closer to the eastern façade. 

6e. Provide a small alcove/meeting place (including a seat) inside the 

residential entry and close to the entry point from Anglo Road.” 

2. Insert a new condition as follows: 

“65a. Three additional street trees (of the species Callistemon Red) are to be 

provided at the Lilian Lane frontage.” 

Vote: 5-0 in favour 

Site Visit 

An inspection of the site was undertaken by the Panel and staff members prior to the 

public hearing. 

Public Addresses 

The applicant’s representatives attended and provided information in relation to 

questions raised by the Panel. There was no other public address for this item. 

Panel Assessment 

The Panel generally agrees with the officer’s recommendation but is concerned with 

aspects of the proposal including the impact of the development on the adjoining 

Anglo Road mall. 

Additional conditions have been suggested to address this concern and other issues 

related to façade design, internal planning and amenity. 

The attics within the roof space should be relocated to the north towards Lilian Lane 

by approximately 800mm to increase solar access to the atrium and Anglo Road. 

The Panel considered that three additional street trees should be included on Lilian 

Lane as a condition. 

Page 39



2 44-50 SIXTH AVENUE & 67-75 FIFTH AVENUE, CAMPSIE: 

CONSOLIDATION OF ALLOTMENTS, DEMOLITION OF STRUCTURES 

AND CONSTRUCTION OF A HOSTEL, RECREATION HALL, CHILD CARE 

CENTRE AND ANCILLARY ADMINISTRATION SPACE WITH BASEMENT 

CAR PARKING 



the recommendation of the Director City Planning, subject to amendment of the 

following conditions: 


“6a. Reconfigure the internal planning of the hostel to relocate the Level 1 

main entry to the south-eastern corner of the building. 

6b. Provide full length glazing to the walls separating the lounge/dining 

areas from the lift lobby at each level. 

6c. Provide an entry canopy over the Administration Entry.” 

2. Amend Condition 48 as follows: 

Landscape Plans prepared by Taylor Brammer, drawing No. LC02 

issue B being amended by changing the word “Remove” to “Retain” 

for the following trees in the table under “Tree Removal/Retention 

Table”: 1. Jacaranda; 4. Liquidambar; 5. Liquidambar; and 10. Silky 

Oak.” 


“ 48a. The entire length of the driveway along the southern boundary shall be 

designed as a shareway with barrier free access and a high quality of 

pedestrian amenity and safety. 

48b. Provide a planting strip for the entire length of both side boundaries 

including the length of both garbage bin enclosures.” 


Site Visit 




Mr Roy Garner 

(objector) 

• He is concerned that the proposed development will have an 

adverse affect on the quality of life of residents. 

• It will change the nature of the community centre into an 

intense commercial operation. 

• The proposed development will cause overshadowing and 

privacy issues to his property. 

• 38 off-street parking spaces will increase the flow of traffic, 

generate traffic noise and congested street parking and will 

degrade the quality of life of nearby residents. 

• Provision of aged care accommodation will also contribute 

to increased traffic, including ambulances and other service 

vehicles. 

Page 40



Ms Jacqueline 

Parker, Mr Paul 

Myer and Mr Ivan 

Wong (applicant’s 

representatives) 

• Residents already experiencing considerable noise from 

traffic, people drop off and pick up children and service 

delivery vehicles to CASS centre. 

• The proposed development will have adverse impact on the 

flora and fauna in the area. 

• He is concerned that a number of mature street trees which 

attract a wide variety of native birds will be cut down if the 

proposed development is approved. 

• The applicant’s representatives provided information in 

relation to questions raised by the Panel. 


The Panel was generally supportive of the proposal but had reservations about certain 

aspects of the site planning, car parking, access and landscape design. 

It is considered that the main entry to the hostel component at Level 1 should be 

relocated closer to Fifth Avenue adjacent to the proposed small lounge area (the 

internal planning would need to be reconfigured accordingly, including the 

Staff/Admin location). This would provide a main entry closer to the street and the lift 

lobby and avoid conflict with the vehicular entry to the basement carpark. 

The walls separating the lounge/dining areas from the lift lobby at each level should be 

glazed to provide a through view and to allow more natural light into the lift lobbies. 

The Panel agreed with some of the points raised by the objectors including the concern 

about tree loss. It is considered that the site planning should be modified to allow the 

two liquidambars, jacaranda and silky oak trees to be retained to preserve more of the 

existing landscape amenity and encourage bird life. 

Provide a canopy over the entry to the administration building for weather protection 

and to further define the entry. 

A planting strip should be extended for the full length of both side boundaries, 

including the length of the garbage bin enclosures to provide foliage screening to the 

adjoining properties. 

The Panel considered that the through vehicular access way should be a shareway to 

ensure that it has barrier free (wheelchair) access and a high quality of pedestrian 

amenity and safety for its entire length, to minimise potential conflicts with traffic 

movements. 

Otherwise the Panel generally accepts the officer’s recommendation and recommends 

the application be approved, subject to amendments and additions to conditions 

outlined above. 

Page 41



The meeting closed at 8.15 p.m. 



Page 42


6 13-15 ANGLO ROAD, CAMPSIE: DEMOLITION AND 

CONSTRUCTION OF A MIXED RETAIL/RESIDENTIAL 

DEVELOPMENT WITH BASEMENT CARPARKING 

FILE NO: 31/13D PT3 


WARD: CENTRAL 

D/A No: DA-622/2011 

Applicant: 

Owner: 

D-Studio Architects Pty Ltd 

Greenland Development Pty Ltd 

Zoning: General Business 3(a) under Local Environmental Plan No. 148 – 

Campsie Precinct 

Application Date: 21 December 2011; with additional information submitted on 23 

December 2011, 18 January 2012, 22 March 2012, 5 April 2012, 18 

May 2012 and 21 June 2012 

Summary: 

• The Independent Hearing and Assessment Panel on 30 July 2012 deferred making a 

recommendation on the application (see Supplementary Information). 

• The applicant seeks consent to demolish the existing structures and construct a five 

storey mixed commercial and residential development containing a two level basement 

car park, three ground floor commercial tenancies and twenty eight residential units. 

• The proposed development is permissible with Council consent within the General 

Business 3(a) zone under Local Environmental Plan 148 – Campsie Precinct. 

• The application was notified/advertised in accordance with our Notification Policy - 

Development Control Plan 32. One submission was received raising concerns in 

relation to the construction phase of the development and deficiency of carparking for 

the retail component of the development. These issues have been addressed and are 

discussed in greater detail in the body of this report. 

• The proposed development generally complies with all requirements of the relevant 

planning instruments and development control plans, with the exception of the deep 

soil planting area control and building height. The proposed development is consistent 

with and reflects the objectives of the zone and the performance criteria established 

under Development Control Plan 54 – Town Centres. 

• The Director City Planning has recommended the application be approved subject to 

conditions. 

• The Independent Hearing and Assessment Panel has recommended the application be 

approved in accordance with the Director City Planning’s recommendation, subject to 

amendments. 

Page 43


13-15 ANGLO ROAD, CAMPSIE: DEMOLITION AND CONSTRUCTION OF A MIXED RETAIL/RESIDENTIAL 

DEVELOPMENT WITH BASEMENT CARPARKING (CONT.) 




Report: 

Site Analysis 

The subject site is located on the northern side of Anglo Road, approximately 50 metres east 

of Beamish Street in the Campsie Town Centre. It comprises two separate allotments and is 

identified as being Lot 1 and 2 in Deposited Plan 304948. The site is generally regular in 

shape with an overall street frontage of 24.38m and total site area of 982m². The rear of the 

site fronts Lillian Lane. The land has a gentle fall on the south-east corner of Anglo Road to 

the north-western boundary of Lillian Lane. 

The site is positioned on the Anglo Road pedestrian mall known as “Anzac Mall”. The Mall is 

bounded by a mix of older style and modern one to three storey retail and commercial 

buildings. There are also residential uses including shop top housing throughout the centre 

and in the surrounding areas. Campsie Railway Station is located directly adjacent to the 

subject site from the Lillian Lane frontage. Anzac Park is situated within 100m of the site to 

the west. 

The subject site currently accommodates single storey retail and commercial buildings 

constructed to the Anzac Mall frontage. Vehicular access to 13 and 15 Anglo Road is 

provided via Lillian Lane. 

Immediately adjoining the site to the east and west are two storey commercial rendered 

buildings. 

Page 44




Proposal 

The applicant is seeking consent to demolish the existing structures and construct a mixed use 

development containing three ground level commercial/retail tenancies and 28 residential 

units with two levels of basement car parking. 

The proposed basement car park is to be accessible from Lillian Lane at the rear of the site 

and provides a total of 37 car parking spaces, 1 car wash bay, 6 visitor car spaces and 1 

service/delivery bay. 

The proposed ground floor provides three retail/commercial tenancies with a total floor area 

316m² which are accessible via the Anglo Road frontage. Two adaptable residential units are 

provided on the ground floor and are accessible from the Anglo Road frontage and Lillian 

Lane. In addition, there is a waste management area, service/delivery bay, a disabled toilet, 

separate fire stairs and fire exit pathway and two residential lifts in the lobby area that are 

accessible from the Anglo Road frontage. 

The proposal is five storeys in height and comprises 2 x 1 bedroom units, 24 x 2 bedroom 

units and 2 x 3 bedroom units. This also includes an attic level within the roof space. A 

landscaped courtyard on the first floor for communal use for occupants of the residential 

component of the development is proposed. 

Photomontage of the proposed development - Anglo Road Elevation (south) 

Page 45




Photomontage of the proposed development - Lillian Lane Elevation (North) 


When determining this application, the relevant matters listed in Section 79C of the 

Environmental Planning and Assessment Act 1979 must be considered. In this regard, the 

following environmental planning instruments, development control plans (DCPs), codes and 


• Canterbury Local Environmental Plan 148 – Campsie Precinct 


• State Environmental Planning Policy 65 – Design Quality of Residential Flat 

Development (SEPP 65) 

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

• Development Control Plan 20 – Car Parking Code (DCP 20) 


(DCP 29) 

• Development Control Plan 37 – Energy Smart Homes Code (DCP 37) 

• Development Control Plan 45 – Landscape (DCP 45) 


• Development Control Plan 54 – Town Centres (DCP 54) 

• Stormwater Management Manual Specification 9 – “A Guide to Stormwater Drainage 

Design” 

• Section 94 Contributions Plan. 

Assessment 

Assessment of the application has been made in accordance with the provisions of Section 

79C of the Environmental Planning and Assessment Act 1979. 

• Local Environmental Plan 148 – Campsie Precinct 

The site is zoned General Business 3(a) under LEP 148 – Campsie Precinct and the 

proposed mixed-use development is permissible with the consent of Council. 

Page 46




The objective of this zone is to achieve a hierarchy of shopping centres containing a 

range of retail, office and related uses, which contribute to employment and economic 

growth of the area. 

The proposed development meets this objective as it is an appropriate active use that 

will provide a substantial contribution to the viability of the Campsie Town Centre. 

Furthermore, the retail and commercial tenancies will provide for the employment and 

economic growth of the area. The specific use of the tenancies will be the subject of 

future Development Applications. 


On 29 March 2012, the Draft LEP 2012 went on public exhibition and became an 

instrument to consider under Section 79C(1)(a)(ii) of the EPAA. The broad controls 

applicable to this application are: 


Zoning B2 – Local Centre The proposed development is permissible within the 

B2 – Local Centre zone, as defined in the Draft 

Canterbury LEP 2012. 

Yes 

FSR No Applicable 

FSR 

No Applicable FSR Yes 

Building 

Height 

Maximum 18m 18.38m No 

However, the draft LEP is not considered to be certain or imminent in its current form 

as public submission are still being considered and the matter is yet to be determined 

by Council following the public exhibition process. Accordingly, at this stage, no 

determinative weighting can be afforded to its provisions in respect to this application. 



The proposed development falls within the definition of a residential flat building 

under this SEPP. The policy aims to improve the design quality of residential flat 

buildings in NSW by way of addressing the following design principles: 

Context 

The mixed-use development is consistent with the future character of the area and is a 

permissible use within the zone. Higher density residential development will be a 

characteristic of the area within and adjacent to the business centre. 

Scale 

The scale and built form of the proposed development is consistent with the scale of 

developments which we are encouraging in this area. 

Built Form 

The proposal achieves the built form objectives as it contributes positively to the 

streetscape and provides a high amenity for residents and tenants. 

Page 47




Density 

The proposed development has been designed in accordance with the built form 

controls of DCP 54 and represents an appropriate density for the site. 

Resource, Energy and Water Efficiency 

The applicant has submitted a BASIX Certificate, demonstrating that the proposal 

achieves the relevant energy efficiency standards as specified by the SEPP. 

Landscape 

Landscape details have been provided for landscaping to courtyards and communal 

open space areas, which have been reviewed by our Landscape Architect. The 

proposal satisfies the requirements of our Development Control Plan 45 – Landscape. 

Further the site is located within walking distance to Anzac Square which is a public 

park. 

Amenity 

The proposal will achieve satisfactory residential amenity with reasonable room size 

and shape, along with access to natural light and ventilation. A 12 metre separation 

between habitable areas and 9 metres between habitable and non-habitable areas has 

been provided to the courtyard for visual privacy which is consistent with the SEPP. 

Safety and Security 

Satisfactory provision for security with enclosed entry porch to lift lobby for access to 

dwellings and upper levels is provided. The design has entry points that are easily 

distinguishable and not concealed by structures and landscaping. The proposal has 

been reviewed in accordance with our Crime Prevention Through Environmental 

Design Policy (DCP 29) and the proposal is consistent with these principles. 

Social Dimensions and Housing Affordability 

The mixed use development will add to the range of dwelling size options and 

optimise the provision of housing to suit social mix. Adaptable units have been 

incorporated into the design to meet the needs of the area. 

Aesthetics 

The design of the proposal and the proposed building elements contribute to the 

desired future character of the area. The building has been well articulated by the 

modulation created through the use of vertical columns to eliminate blank monotonous 

balconies. 

The applicant has submitted a statement, prepared by Simon Tso on behalf of D- 

Studio Architects, which details the proposed development's compliance with the 

design principles of the SEPP. 

In particular the scale, density and built form of the development are appropriate for 

the development’s position within the Campsie Town Centre. The ground floor 

commercial tenancies complement the local retail/office precinct and promote an 

active street frontage. The residential component of the development comprises an 

adequate dwelling mix, which will diversify housing choice within the Campsie Town 

Page 48




Centre. The individual apartments provide a high level of amenity for occupants 

through the provision of spacious bedrooms, common living areas and deep balconies. 

The proposal is consistent with the Residential Flat Design Code prepared by the 

Department of Planning. 

• State Environmental Planning Policy 2004 (Building Sustainability Index: 

BASIX) 

A BASIX Certificate (Certificate No.409180M) accompanies this application. The 

certificate lists a number of commitments, which have been shown on the DA plans 

and the proposal meets the energy targets of the SEPP. 


This proposed development compares to DCP 20 as follows: 


Commercial & 1 space per 40m² (120sqm) = 7 94 Contributions to be 

Contributions) space (retail) 

Total = 10 spaces 

paid in lieu of 10 spaces 

Residential 1 space per 1 bedroom dwelling = 2 37 car spaces (including 4 Yes 

spaces 

1.2 spaces per 2 bedroom dwelling = 

29 spaces 

2 spaces per 3 bedroom dwelling = 4 

spaces 


disabled car spaces) 

Residential Visitor 

Car Parking 

1 space per 5 dwellings = 6 spaces 6 spaces Yes 

Car Wash Any development containing 10 or 

more dwellings must provide 

minimum 1 car wash bay 

1 space Yes 

Service/Delivery Loading dock Loading dock for small Yes 

Bay 

rigid trucks provided off 

Lillian Lane 

Total Parking 53 spaces 45 provided on-site, plus 

Section 94 Contributions 

for 10 spaces = 55 spaces 

Yes 

Bicycles Commercial 

1 bicycle space per 300m² of floor 

area for staff and a minimum 1 

bicycle space per 500m² of floor area 

for patrons = 2 bicycle spaces. 

Residential 

1 bicycle space per 5 units for 

residents and a minimum 1 bicycle 

space per 10 units for visitors = 8 

10 bicycle spaces Yes 

Page 49




The proposed development complies with all numerical controls of DCP 20 with the 

exception of the required car parking spaces for the commercial and retail component 

of the proposal. 

The proposed development seeks to off-set the parking shortfall of 10 car parking 

spaces under our Section 94 Contributions Plan 2005. As the subject property is 

located within Campsie Town Centre, this arrangement is permitted in accordance 

with Clause 4 of Council’s Section 94 Contributions Plan. In this regard, should the 

application be approved, suitable conditions have been recommended levying Section 

94 contributions for 10 parking spaces. 



The proposal compares to DCP 29 as follows: 


Clear access Access to the individual The entrance to the residential component Yes 

points units be clearly marked and is through a designated foyer area fronting 

apparent to visitors Anglo Road. Customers of the 

commercial tenancy will not have access 

to this area. 

Natural Clear glazing be used and No obscure glazing is proposed as part of Yes 

surveillance obscure glazing (on shop the commercial tenancies fronting Anglo 

fronts) be minimised to 

ensure natural surveillance 

Road. 

Controlled That access in and around Access to the residential component is Yes 

access the site be controlled achievable only by residents and their 

guests who are specifically granted access 

via intercom and staff of the commercial 

tenancy. 

Minimise That concealment points be The front setback has been minimised and Yes 

concealment eliminated 

the development built to side boundaries 

points 

to reduce concealment/entrapment points 

and potential for anti-social activities 


Code. 


Clause 7.9 of DCP 37 requires that proposals involving the erection of a mixed-use 

building maintain a minimum of 2 hours of solar access to clothes drying areas, 50% 

of rear yards, and at least one living room window of adjoining properties between 

9am to 3pm on 21 June. Where existing overshadowing by buildings and fences is 

already greater than this, sunlight is not to be further reduced by more than 20%. 

The applicant has provided shadow diagrams as part of their DA submission which 

shows the affect of the proposed overshadowing. The diagrams demonstrate that the 

proposal will increase shadows cast over Anzac Mall, however the site does not adjoin 

Page 50




residential properties to the side or rear of the site. Accordingly, the proposed 

development is consistent with the requirements of DCP 37. 


The landscape plan submitted with the application has been examined by our 

Landscape Architect who raises no objections to the proposal, subject to appropriate 

conditions of consent being included in any consent granted. 


The proposal has been assessed by our Waste Services Co-ordinator and was found to 

be in accordance with the requirements of DCP 48. The applicant has provided a 

waste storage room for both the residential and commercial components and 

conditions of consent have been attached regarding the collection of the bins. 

A waste storage room with an entry door, separate to the main foyer area on the 

ground floor level, which is accessible from the Anglo Road frontage has been 

provided to assist in maintaining the amenity of the development and reducing odour. 

• Development Control Plan 54 - Town Centres (DCP 54) 



Orientation Position and orientate buildings Development has been designed to Yes 

to maximise north facing walls maximise exposure for solar access 

Align buildings to the street on Building is aligned to the street. Yes 

east-west streets 

Building has a north-south 

orientation. 

Optimise solar access to living Solar access is optimised by Yes 

spaces and associated public, predominantly orientating balconies, 

communal and private open living areas and open spaces to the 

spaces by orientating to the north 

where possible 

north. 

Building Locating entries so that they The entrances to the development Yes 

Entry and relate to the existing street and are directly off Anglo Road. 

Pedestrian subdivision pattern, street tree 

Access planting and pedestrian access 

network 

Design the entry as a clearly The entrance to the building is Yes 

identifiable element of the centrally located in the design and is 

building in the street 

readily identifiable 

Designing multiple entries that A common entry point is provided Yes 

include main common entry for the residential component. 

Independent access to the retail 

component is also available directly 

from Anglo Road. 

Provide safe and secure access Access is safe and secure with no Yes 

that includes clear sight lines. obstructions to obscure sight lines. 

Entries to upper levels should be Access to all dwellings is via the Yes 

provided from front façade. common entrance from Anglo Road. 

Page 51





Separate the entry points for Basement entrance and pedestrian Yes 

pedestrians and vehicles. Within access is separate. No commercial 

mixed developments it is visitor parking is provided within 

necessary to separate the entry for 

residential and commercial 

entrances. 

the basement. 

Design entrances and associated Entrance provides circulation space Yes 

spaces for the transportation of of 2 metres minimum width and has 

furniture 

access to a lift to all levels 

Ground floor apartments to be Two ground floor apartments are Yes 

accessible from the street and proposed with internal access from 

have clearly articulated private Anglo Road and via Lillian Lane. 

open space areas. 

Each apartment has a private open 

space area. 

Boundary definition to residential Boundary of residential uses is Yes 

uses 

distinguishable. 

Provide well designed accessible All public and semi public areas are Yes 

routes to public and semi public accessible, two lifts located on the 

areas, including entries, lobbies, ground level are provided to the 

communal open space, site 

facilities and car parks 

communal areas. 

Vehicle To be located to have minimal Basement entrance to be located on Yes 

Access impact on pedestrians and be northern side of development, via 

harmoniously integrated into Lillian Lane, and is harmonious 

design of building 

with design 

Encourage separate parking for No non-residential visitor parking is Yes 

residential and non-residential to be provided within basement 

levels 

Pedestrian safety to be 

One vehicular entrance to the site, Yes 

maintained by minimising 

vehicular access points and 

ensuring clear sight lines 

which maintains sight lines 

Adequate separation must be Vehicle entrance has been located at Yes 

provided between vehicle the rear, northern side of the site, 

entrance and street intersections accessible via Lillian Lane to 

maximise distance to the Beamish 

Street intersection. 

Vehicle entry to be maximum 6 

metres wide 

Vehicle entry provided is 5m wide Yes 

Locate car park entry from Vehicle entrance located at the rear, Yes 

secondary streets 

northern side of the site and is 

accessible via Lillian Lane 

Minimise the number of vehicular 

accesses 

One vehicular access provided Yes 

Parking The provision of non-residential Applicant has agreed to pay Section Yes 

visitor parking is encouraged via 94 Contributions for required non- 

Section 94/Developer 

residential (commercial and retail) 

Contributions where possible car parking. 

On Site Retain and optimise deep soil Basement required to occupy entire No 

Parking zones where possible 

site to provide sufficient car parking 

Placement, 

spaces 

Page 52





Design & Provide ventilation to the Ventilation to be provided to Yes 

Servicing basement level 

basement 

(Basement) Integrate ventilation grills or Car parking within basement is to Yes 

screening devices of car park 

openings into the façade design 

and landscape design 

be screened 

Provide safe and secure access to Access to the basement is to be Yes 

all users 

secured via intercom operated roller 

door 

Secure bicycle parking to be Bicycle parking to be provided Yes 

provided 

within bicycle storage room, located 

on the basement level 

Communal Communal open space may be 171m 

Open Space provided on podiums or terraces 

2 communal open space to be Yes 

provided on the first floor level 

Locating it in relation to A central courtyard within the Yes 

buildings to optimise solar access building has been provided in 

to apartments 

addition to a smaller courtyard on 

the eastern side of the development. 

Consolidating open space on the The two courtyards provide a Yes 

site into recognizable areas with reasonable area that provides a 

reasonable space, facilities and level of amenity and facilities which 

landscape 

incorporates landscaping 

Designing size and dimensions to The courtyards are functional for Yes 

allow for the uses it will contain their intended purpose for recreation 

On redevelopment sites larger Development provides for 14.2% 

than 500m2 a minimum of 10% (140m 

(98.2m2) of the site area must be 

provided as communal open 

space, with a minimum 

dimension of 6m 

2 Yes 

) of site area to be provided 

as communal open space. 

Minimum dimension of 12m 

Provision of child play areas is Portion of the courtyard areas may Yes 

encouraged. 

be utilised for children’s play area 

Visual Utilise the site layout to increase The commercial and retail 

Yes 

Privacy building separation. 

component of the development have 

been designed to utilise the ground 

floor level while the dwellings have 

been oriented to the upper levels, 

thereby increasing the separation 

distance between the residential and 

non-residential uses. 

Design building layouts to Direct overlooking is avoided by Yes 

minimise direct overlooking of way of balcony design, setbacks and 

rooms and private open spaces 

adjacent to apartments. 

building orientation. 

Use detailed site and building Balconies have been recessed and Yes 

design elements to increase planter boxes within the communal 

privacy without compromising courtyard are to be used to increase 

access to light and air 

privacy without impacting on solar 

access 

Cross 60% of residential units should be 71% of dwellings are cross Yes 

Ventilation naturally cross ventilated ventilated 

Page 53





25% of kitchens should have All of the kitchens have access to Yes 

access to natural ventilation natural ventilation 

Building Total Height 5 storeys & 18 5 storeys & 18.38 metres No – see 

Height metres 

comment 

below 

Main Building (Base) up to 3 

storeys (11 metres) 

9.49 metres Yes 

Floor to ceiling height in 

commercial 3.3m min 



residential 2.7m min 

Min. 2.9 metres Yes 

2.5m min height from underside 

of awning to footpath 


2m min. depth of balcony Min. 2m Yes 

Building Commercial component 10-24 18.03 metres Yes 

Depth metres 

In general, an apartment building Maximum depth of any apartment is Yes 

depth of 10-18 metres is 

appropriate. The 18 metre 

guideline generally applies to 

street wall buildings, buildings 

with dual and opposite aspect and 

buildings with minimal side 

setbacks. 

Freestanding buildings may have 

greater depth than 18 metres only 

if they still achieve satisfactory 

daylight and natural ventilation 

18 metres. 

Building Ground, first and second floor Ground floor built to the street Yes 

Setbacks may be built to street alignment alignment. First and second floor 

setback 2m from street alignment. 

Floors 3, 4 & 5 to be setback 5m Floors 3 and 4 and setback 5 metres Yes 

Rear setback 1m (laneway) 1 metre minimum Yes 

Establish 45 degree height plane Site does not adjoin residential Yes 

from projected 1.8 metre above 

the residential zone boundary 

zoned 

May be built to side boundaries Built to side boundary to create a 

continuous frontage to Anglo Road. 

Yes 

Building 12m up to 4 storeys 

The development is not adjoined by Yes 

Separation 

any developments of four storeys or 

(as per SEPP 18m storeys 5 to 7 

higher. However, provision has 

65) 

been made with setbacks that the 

objective of this control may be 

achieved when adjacent sites are 

redeveloped 

Building At ground floor level viable shop Viable commercial and retail Yes 

Configuration fronts for business activities are tenancies are provided with direct 

to be created on the street 

frontages. 

frontage/exposure to Anglo Road. 

Page 54





Facades – To be in accordance with Façade is in accordance with the Yes 

New 3-5 Articulation controls of this DCP articulation requirements, as 

storey 

buildings 

outlined in this table 

Cantilevered Height of between 3.2m and 4.2m 3.26 metres Yes 

Awning from natural ground/footpath 

Width of 3 metres 3metres. To be imposed as a 

condition of consent, should the 

application be approved. 

Yes 

Articulation Buildings should generally have a Building has clear base and upper Yes 

base and upper elements. levels 

The design of the street facade, The street façade is emphasised Yes 

including the quality and through strong vertical elements 

durability of its materials, should with particular emphasis on depth. 

be emphasised. 

Materials of a high quality and are 

durable 

The ‘street facade’ should have a Vertical emphasis is provided with Yes 

strong sense of verticality, appropriate modulation through the 

emphasised on the ground floor use of varying materials and 

by modulation at intervals of 6-8 

metres with some variation. 

Modulation above the ground 

floor may take the form of party 

walls, small bays, as well as 

variations in materials and 

colours. 

external finishes 

The set back from the street Setback is 5 metres for the upper Yes 

facade to the upper building 

component is to be between 3-5 

metres 

building 

A visual finish using expressed Shadow lines to be created through Yes 

eaves, cornice or parapet 

elements with shadow lines is 

desirable. 

the use of building design elements 

On public realm frontages, above Façade consists of an appropriate Yes 

the ground floor, balconies and mix of building design elements and 

voids should not dominate is not dominated by balconies or 

facades 

voids. 

No blank walls are to face the 

public realm 

No blank walls face Anglo Road Yes 

Balconies should be used in Balconies are integrated into the Yes 

moderation and be integrated into overall design of the façade. There 

the overall composition of the is adequate variety in the balconies 

facade. They should not be configuration between the lower and 

implemented in a monotonous or upper levels of the development. 

repetitive configuration. This Balustrading is to be a combination 

applies to both recessed and of smooth concrete with paint finish 

cantilevered balconies. Balconies 

may have masonry or metal 

balustrades. The latter should 

generally have a separation of the 

grilles and a handrail. 

and metal balustrades. 

Page 55





The majority of windows shall be Majority of windows are to be Yes 

vertically rectangular 

vertically rectangular. 

Roof & Relate roof design to the desired Roof design is consistent with the Yes 

Terraces built form and or context desired built form and context of the 

area 

Design the roof to relate to the The roof has been designed so as to Yes 

size and scale of the building, the step up from the building edge. 

building elevations and 3D This gives it the appearance of an 

building form. This includes the ancillary structure which is 

design of any parapet or complimentary to the building 

terminating elements and the design. Within the roof space, attic 

selection of roof materials. space has been provided for 

habitable use. 

Design roofs to respond to the Roof structure takes advantage of Yes 

orientation of the site, for the northerly aspect to the rear of 

example, by using eaves and the site to provide maximum solar 

skillion roofs to respond to solar 

access. 

access. 

Private Open Combined private open space Combined private open space area 

Space, area should be a minimum of of 21.5% (543.2m 

Balconies, 10% of dwelling floor space 

terraces & 

Courtyards 

2 Yes 

) of dwelling 

floor space 

Primary balconies for 1 bedroom 

dwelling is to be 8m 2 

Minimum of 10m² Yes 

Primary balconies for 2 & 3 

bedroom dwellings are to be 

10m2 

Minimum of 11m² Yes 

Full length balconies without Articulation and building design Yes 

articulation are not permitted elements incorporated to provide 

relief to balconies 

Primary balconies to be located All primary balconies are accessible Yes 

adjacent to main living areas. directly off living room 

Primary balconies to have Minimum depth of 2 metres and Yes 

minimum depth of 2 metres and 

be functional in dimensions 

functional in design 

Design and detail balconies in Balconies have been designed Yes 

response to local climate where achievable to have northern 

orientation to maximise solar access 

Storage (may 6m 

be provided 

in lockable 

spaces in 

garage) 

3 per one bedroom dwelling 6m 3 minimum Yes 

8m 3 per two bedroom dwelling 8m 3 minimum Yes 

10m 3 per three bedroom dwelling 16m 3 minimum Yes 

Page 56





Streetscape Where an existing centre and A condition has been recommended Yes 

Improvement development site is programmed that the reconstruction of footpath 

Works to be upgraded as part of the paving and associated works along 

streetscape improvement program areas of the site fronting Anglo 

a development contribution will Road is required. The footpath 

be levied to fund the future costs paving shall be constructed in 

of these works where an accordance with Council’s 

applicable Section 94 

Specification for ‘Segmental Paving 

Contribution Plan is in place. Works – Campsie Shopping 

Alternatively the developer will Centre’. Works are to be carried out 

be required to upgrade the by Council or an approved 

development site street frontage contractor and all associated costs 

in accordance with Council’s for the work shall be borne by the 

specification 

applicant. 

The proposed development complies with the design and numerical requirements of 

DCP 54, with the exception of the deep soil planting control and the building height. 

These issues are addressed in further detail below. 

Deep Soil Planting 

DCP 54 requires that deep soil planting areas be retained and optimised where 

possible. However, in order to accommodate the number of car parking spaces 

required by our Car Parking Code (DCP 20), a basement level car park is proposed to 

be provided which will occupy the whole development. Therefore, there is no scope 

for deep soil planting areas throughout the site. Although this is not the desired 

outcome, on balance, due to the competing interests and the need to provide car 

parking on site for the residential units, the proposal is supported in this regard. 

Building Height 

DCP 54 permits a maximum building height of 18m measured from ground 

level to the highest point of the building. The proposal has a minor non-compliance of 

380mm along the western elevation at the ridge level. This variation is considered 

minor given it is setback back from the street towards Lillian Lane and is unlikely to 

be visible from the laneway. It is noted that the attic level has been incorporated into 

the roof design and is included within the height limit of the DCP. 

• Stormwater Management Manual Specification 9 – “A Guide to Stormwater 

Drainage Design” 

The proposed hydraulic plan has been assessed by our Development Engineer and is in 

accordance with our Stormwater Management Manual – Specification 9. Relevant 

conditions of consent have been included in the recommendation below to ensure the 

reconstruction of kerb and guttering affected by the development is at the applicant’s 

cost. 



in that it will provide residential dwellings on the subject site and a Contribution is to 

be paid in lieu of providing 10 car parking spaces for the commercial and retail 

component of the development. The proposed development attracts a contribution of 

Page 57




$451,570.82 for open space, recreation facilities, community facilities environmental 

amenity improvements, traffic control and management, car parking and monitoring 

research and administration. 

In regard to the above contribution for the subject site, Council has adopted the Anzac 

Mall Place Management Strategy which recommends the reopening of Anzac Mall. 

The costs associated with these works were not provided for in the Long Term 

Financial Plan, the Council Delivery Program or the Annual Budget. The Place 

Management Strategy therefore required identification of alternative sources of 

funding. One of these is the potential to forego the Section 94 contributions ordinarily 

payable on new development proposals in lieu of redirecting this contribution towards 

the actual design and construction of the opening of the Mall. 

Council at its meeting on 23 February 2012, resolved to commence discussions with 

the landowner of the subject site regarding a Voluntary Planning Agreement which 

would include a monetary contribution equal to the amount that will normally be 

payable under the Section 94 Contributions Plan. This will go towards the design and 

construction of the opening of the Anzac Mall, consistent with the Anzac Mall Place 

Management Strategy. The applicant has expressed a desire through the VPA, to make 

a monetary contribution towards the realisation of the Anzac Mall Place Management 

Strategy in lieu of Section 94 contributions. 

Referrals 

The development application was referred to various internal sections of Council and for 

RailCorp’s concurrence given the site’s proximity to the railway line. 

• RailCorp 

RailCorp has issued their concurrence for the proposed development subject to the 

imposition of the operational conditions provided by Railcorp. These conditions will 

be imposed should the application be approved. 

• Heritage Advisor 

The DA has been referred to our Heritage Advisor who reviewed the Heritage Impact 

Statement prepared by Perumal Murphy Alessi Consultants and submitted as part of 

the application. No objection has been raised to the proposal. 

• Disability Access Committee 

The DA has been referred to our Disability Access Committee who has raised no 

objections to the proposal subject to appropriate conditions. 

• Crime Prevention Officer 

The DA has been referred to the Crime Prevention Officer who has raised no 


Notification 

The application was notified in accordance with Council’s Notification Policy (DCP 32) with 

one submission received during this period. The following issues were raised to the 

development: 

Page 58




• Construction phase of the development 

Concern has been raised regarding the excavation works proposed as part of the 

development. 

Comment 

The proposal involves the excavation of the site to a depth of approximately 5.6 

metres to accommodate the proposed basement car parking area. We typically impose 

conditions to ensure that the damage to adjoining properties is minimised by requiring 

applicants to provide dilapidation and geotechnical reports prior to the issue of a 

Construction Certificate. Such conditions would need to be imposed on any 

development consent issued for this proposal. 

• Lack of Parking 

Concern has been raised that the proposed development does not provide sufficient car 

parking for the retail component of the development. 

Comment 

A traffic and parking assessment report has been prepared by Halcrow Traffic 

Engineers in regard to the proposed development. The report concludes that the traffic 

generation and parking would be satisfactory. The proposal provides sufficient car 

spaces for the residential component as required by our Car Parking Code. In regard to 

the retail space, there is scope under DCP 54 which permits the payment of Section 94 

contributions in lieu of providing parking for the commercial/retail uses. The proposal 

in its current form is considered to be satisfactory. 

Conclusion 




of consent. 

The proposal represents a suitable development for the site and will provide a reasonable 

living amenity for occupants. The departure sought from DCP 54 - Town Centres Code is 

considered reasonable given that it is minor in nature and does not create any impacts on the 

adjoining properties. The proposal is considered to be a good design outcome for the site. 

Independent Hearing and Assessment Panel report: 

The Independent Hearing and Assessment Panel considered the application on 30 July 2012, 

and their report is provided below. 

“IHAP Recommendation 

THAT Development Application DA-622/2011 be DEFERRED to enable the 

applicant to provide further information as discussed in the Panel Assessment. 


Site Visit 

Page 59







The applicant’s representative attended and provided information in relation to 



The Panel is concerned and notes on page 43 of the report that the Council is 

considering the design and construction of the opening of Anzac Mall, consistent with 

the Anzac Mall Place Management Strategy. The Panel understands that this may 

include a road or a form of road through the mall. 

A concern of the Panel is the overshadowing from this development across the mall 

from levels above three storeys. 

The applicant’s representative agreed that shadow diagrams did not demonstrate the 

full extent of the overshadowing of the mall. Additional diagrams were provided to 

the Council and the Panel the day after the meeting. 

The Panel requests that the applicant consider the following matters: 

1. Sun Access to the Plaza 

It is acceptable that the building does have some overshadow of the plaza. In 

order to reduce this as much as possible the following amendments should be 

considered: 

(a) The southern elevation (facing the plaza) of top levels of units 24, 25, 

26, 27 should be setback back as far as possible. This can be achieved 

by pulling the footprint back to be in line with the wall of the atrium. 

Where possible the internal stairs should be incorporated further into 

the building and by deleting the balconies. These amendments could set 

levels above level 3 back by a further 2-4m which would reduce 

overshadowing of the plaza. 

(b) The dormer windows/roofs of top levels of units 24, 25, 26, 27 should 

be deleted. 

2. Sun Access to lower level Anglo Road dwellings 

The shadow diagrams show that the lower level dwellings will not receive good 

sunlight access as they will be overshadowed by the building facing Lillian 

Lane. This can be improved by reconfiguring the footprint of the northern 

section of the building and widening the size of the atrium by: 

(a) Relocating the footprints of the top levels of Units 22 and 23 back 

towards Lillian Lane and aligning it with the Lillian Lane frontage so 

as to reduce the height of the northern wall of the atrium, thereby 

allowing greater sun access. 

(b) Relocating the footprints of the top levels of Units 22 and 23 further 

towards the western boundary so as to further open up the atrium’s 

orientation to the north and east. 

Page 60




(c) Ideally the footprints of the top levels of Units 22 and 23 should be 

redesigned to make them as compact as possible and elongated along 

the western boundary so as to further open up the atrium’s orientation 

to the north and east. 

(d) The lift on the eastern side should be pushed back in line with the edge 

of the atrium/void. So too the encroachment of corridors into the atrium 

should be avoided. The atrium should achieve a consistent 12m by 12m 

opening on all levels of the building. 

(e) Ideally the eastern lift and stair should be relocated on the eastern 

boundary thereby deleting the second atrium/void (which by the CODE 

definition should be avoided or where necessary achieve a 6m x 6m 

minimum opening; the proposal shows around 4m), Units 26 and 27 

should be combined to create a larger unit but one that has a northern 

orientation. This will enlarge the atrium thereby allowing better sun 

access. 

The Panel is unable to make a recommendation at this stage until the above matters 

have been received by the applicant together with an indication from the Council staff 

of how the Mall may change under the Anzac Mall Place Management Strategy. 

In addition, a concern was raised about the calculation of the Section 94 contributions 

(commercial) for the shortfall of 10 spaces. 

The Panel is of the opinion that based on the calculation under the Council’s Parking 

Code that the correct ratio is 1 space per 30m 2 which leads to a deficiency of 10.5 

rounded up to 11 spaces. This is an additional matter that can be checked and 

confirmed by the Council officers in the return report to the Panel. 

The Panel recommends this matter be deferred to enable the applicant to provide the 

additional information.” 

Supplementary Information: 

The applicant has submitted supplementary information in response to the issues raised by the 

Independent Hearing and Assessment Panel at its meeting on 30 July 2012. 

The applicant has submitted additional shadow diagrams to address the Independent Hearing 

and Assessment Panel’s concerns. It should be noted that the preliminary design of the 

opening of the Anzac Mall acknowledged the level of overshadowing represented by a 6 

storey building. A copy of the Anzac Mall Place Management Strategy will be forwarded to 

the IHAP for its consideration. The applicant has also presented arguments requesting the 

Independent Hearing and Assessment Panel reconsider its view in relation to the matters 

raised. 

In regard to the calculation of the Section 94 contributions for the commercial space, the car 

parking deficiency is to be rounded up to 11 spaces and therefore the Section 94 contribution 

must be amended to reflect this change. 

Page 61




If the IHAP recommends approval of the application based on the amended plans and 

documentation, Condition 6 and 20 of the recommendation should be amended to reflect the 

recently submitted plans and the recalculated Section 94 contribution. 


THAT Development Application DA-622/2011 be APPROVED subject to the following: 





• Structural Engineering Plan including Method of Shoring During 

Excavation 





• Sydney Water Notice of Requirements 



• BASIX Requirements 

• Ventilation of basement in accordance with AS1668.2 

• Compliance with the Premises Standard 

• Εvidence of Compliance with Conditions 46 to 56 

1.2. A report prepared by an independent Accredited Engineer, detailing the 

structural adequacy of the adjoining properties at 17-17A and 11 Anglo Road 

and their ability to withstand the proposed excavation and any measures 

required to be incorporated into the work to ensure that no damage will occur 

during the course of the works, shall be submitted to Council, or the Principal 

Certifying Authority with the Construction Certificate. All costs to be borne by 

the applicant. 




Kerb and Gutter Damage Deposit $3,075.00 



Long Service Levy $28,000.00 



Construction Certificate Application Fee $16,375.00 

Inspection Fee $4,636.00 




1986. 



Page 62







EFTPOS. 

Note 5: All fees referred to above are subject to change. You need to refer to our 

website or contact our Customer Service Centre for a current schedule of fees prior to 

payment. 










INSURANCE 

3. If it is intended to engage a builder or licensed contractor to do the work where it is 

valued over $20,000 and is not a multi storey building then this person must take out 

home building insurance with a private insurer. The builder or person doing the work 

must also satisfy Council that they have taken out an insurance policy by producing 

evidence of the insurance certificate or other documentation. Further information on 

insurance requirements is available from the Department of Fair Trading (NSW 

Consumer Protection Agency) on 1800 802 055. 

SITE SIGNAGE 








DEMOLITION 

5. Demolition must be carried out in accordance with the following: 

(a) Demolition of the building is to be carried out in accordance with applicable 

provisions of Australian Standard AS 2601-2001: The Demolition of 

Structures and the Construction Safety Act Regulations. 

(b) The demolition of a structure or building involving the removal of dangerous 

or hazardous materials, including asbestos or materials containing asbestos 

must be carried out in accordance with the requirements of the Workcover 

Authority of New South Wales. 

(c) Demolition being carried out in accordance with the requirements of the 

Occupational Health and Safety Regulation 2001. 

(d) A hoarding or fence must be erected between the building or site of the 

building and the public place, if the public place or pedestrian or vehicular 

traffic is likely to be obstructed or rendered inconvenient because of the 

carrying out of the demolition work. 

(e) Demolition of buildings is only permitted during the following hours: 

7.00 a.m. – 5.00 p.m. Mondays to Fridays 

7.00 a.m. – 12.00 noon Saturdays 

Page 63




No demolition is to be carried out on Sundays or Public Holidays. 

(f) Burning of demolished building materials is prohibited. 

(g) Adequate care is to be taken during demolition to ensure that no damage is 

caused to adjoining properties. 

(h) Soil and water management facilities must be installed and maintained during 

demolition in accordance with Council's Stormwater Management Manual. If 

you do not provide adequate erosion and sediment control measures and/or soil 

or other debris from the site enters Council's street gutter or road you may 

receive a $1500 on-the-spot fine. 

(i) Council’s Soil and Water Management warning sign must be displayed on the 

most prominent point on the demolition site, visible to both the street and site 

workers. The sign must be displayed throughout demolition. 

(j) The capacity and effectiveness of soil and water management devices must be 

maintained at all times. 

(k) During the demolition or erection of a building, a sign must be provided in a 

prominent position stating that unauthorised entry to the premises is prohibited 

and contain all relevant details of the responsible person/company including a 

contact number outside working hours. 

(l) A sign is not required where work is being carried out inside, or where the 

premises are occupied during the works (both during and outside working 

hours). 

(m) Toilet facilities must be provided to the work site in accordance with 

WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction 

work and any relevant requirements of the BCA. 

(n) Removal, cleaning and disposal of lead-based paint conforming to the current 

NSW Environment Protection Authority's guidelines. Demolition of materials 

incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 

1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of 

Structure. Note: For further advice you may wish to contact the Global Lead 

Advice and Support Service on 9716 0132 or 1800 626 086 (freecall), or at 

www.lead.org.au 

(o) Hazardous dust not being allowed to escape from the site. The use of fine 

mesh dust proof screens or other measures are recommended. 

(p) Any existing accumulations of dust (eg. ceiling voids and wall cavities) must 

be removed by the use of an industrial vacuum fitted with a high efficiency 

particulate air (HEPA) filter. All dusty surfaces and dust created from work is 

to be suppressed by a fine water spray. Water must not be allowed to enter the 

street and stormwater systems. Demolition is not to be performed during 

adverse winds, which may cause dust to spread beyond the site boundaries. 

GENERAL 


details set out in the table below except where amended by the conditions specified in 

this Notice: 

Sheet No. Dated Prepared by Received by Council on 

DA-02 Rev. B February 2012 D-Studio Architects 18 May 2012 


DA-04 Rev. C June 2012 D-Studio Architects 22 June 2012 



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DA-10 Rev. C August 2012 D-Studio Architects 20 August 2012 

DA-11 Rev. B February 2012 D-Studio Architects 18 May 2012 


DA-13 Rev. C August 2012 D-Studio Architects 20 August 2012 


DA-15 Rev. D August 2012 D-Studio Architects 20 August 2012 

11-2490 L01 9 May 2012 Zenith Landscape 18 May 2012 

Rev. B 

Designs 

11-2490 L02 21 March 2012 Zenith Landscape 18 May 2012 

Rev. A 

Designs 


balustrades, fences, windows and doors being in accordance with the approved plans 

and Schedule of Finishes as received on 18 May 2012. The approved design (including 

an element or detail of that design) or materials, finish or colours of the building must 

not be changed so as to affect the external appearance of the building without the 

approval of Council. 

8. The site being consolidated into one allotment. The plan of consolidation being 

lodged and registered with the Land and Property Information NSW prior to the 

release of the Occupation Certificate or occupation of the building. 







11. Council’s warning sign for Soil and Water Management must be displayed on the 




13. All activity being conducted so that it causes no interference to the existing and future 

amenity of the adjoining occupations and the neighbourhood in general. 

14. The capacity and effectiveness of erosion and sediment control devices must be 


15. Concrete pumping contractors must not allow the discharge of waste concrete to the 

stormwater system. Waste concrete must be collected and disposed of on-site. 

16. Materials must not be deposited on Council’s roadways as a result of vehicles leaving 

the building site. 

17. Drains, gutters, roadways and accessways must be maintained free of soil, clay and 

sediment. Where required, gutters and roadways must be swept regularly to maintain 

them free from sediment. Do not hose down. 

18. A single entry/exit point must be provided to the site which will be constructed of a 

minimum 40mm aggregate of blue metal or recycled concrete. The depth of the 

entry/exit point must be 150mm. The length will be no less than 15m and the width no 

less than 3m. Water from the area above the entry/exit point shall be diverted to an 

approved sediment filter or trap by a bund or drain located above. 

19. The site must be provided with a vehicle washdown area at the exit point of the site. 

The area must drain to an approved silt trap prior to disposal to the stormwater 

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drainage system in accordance with the requirements of Specification S2 of Council’s 

Stormwater Management Manual. Vehicle tyres must be clean before leaving the site. 

20. This condition has been levied on the development in accordance with Section 94 of 






$451,570.80. The amount payable is based on the following components: 


• Open Space Acquisition $ 181,285.02 711 

• Recreation Facilities $30,424.07 712 

• Community Services $96,466.35 713 

• Environmental Amenity Improvements $37,570.80 714 

• Traffic Control and Management $6,399.80 715 

• Car Parking $70,531.27 

• Research Levy - Car Parking - Campsie $4821.48 

• Monitoring, research and administration $24,072.03 717 








20A Condition 20 does not apply if at the time of the issue of consent, a Voluntary 

Planning Agreement pursuant to Section 93F of the Environmental Planning and 

Assessment Act between Canterbury City Council and the landowner, has been 

executed, which describes an alternative purpose and method and in which a 

contribution equal to the monetary sum outlined in condition 20, may be made. 








modified under section 96 of the Act, A BASIX Certificate that is 

applicable to the development when this development consent is 

modified); or 

ii) if a replacement BASIX Certificate accompanies any subsequent 

application for a construction certificate, the replacement BASIX 

Certificate; and 

b) BASIX Certificate has the meaning given to that term in the Environmental 


22. A Dilapidation Report/photographic survey prepared by an appropriately qualified 

engineer is to be undertaken of the adjoining properties, being 17-17A and 11 Anglo 

Road, Campsie detailing the physical condition of the property, both internally and 

externally, including such items as walls, ceilings, roof, structural members and other 

Page 66




similar items, shall be submitted to the Principal Certifying Authority prior to the issue 

of a Construction Certificate. On completion of the excavation and building works 

and prior to occupation of the building, a certificate by an appropriately qualified 

engineer stating to the effect that no damage has resulted to adjoining premises is to be 

provided to the Principal Certifying Authority. If damage is identified which is 

considered to require rectification, the damage shall be rectified or a satisfactory 

agreement for rectification of the damage is to be made with the affected person/s as 

soon as possible and prior to occupation of the development. All costs incurred in 

achieving compliance with this condition shall be borne by the person entitled to act 

on this consent. 

23. Geo-technical engineering report assessing the impact and safety of the proposed 

works is to be prepared by a suitably qualified and experienced geo practitioner and 

provided to the Principal Certifying Authority prior to the issue of a Construction 

Certificate. The report must include the results of subsurface investigations, involving 

either test pits to rock, or preferably the drilling of cored boreholes (to one metre 

below the proposed final excavation level). The report shall describe: 

• An indication and nature and depth of any uncontrolled fill at the site. 

• An indication of the nature and condition of the material to be excavated. 

• Indications of groundwater or seepages. 

• Required temporary measures for support of excavations deeper than one metre 

adjacent to property boundaries. 

• Statement of required excavation methods in rock and measures required to 

restrict ground vibrations. 

• Other geo-technical information or issues considered relevant to design and 

construction monitoring. 

All findings and recommendations of the Report are to be followed and adhered to 

throughout the construction process. 

24. Parking facilities/storage for 10 bicycles is to be provided on site, as indicated on the 

approved plan. 

25. Forty-five (45) off-street car spaces being provided in accordance with the submitted 

plans. 

This shall comprise of: 

• Thirty seven (37) car parking spaces for the residential component of the 

development (containing a minimum of one space for each small/medium 

dwelling and two spaces for each large dwelling) 

• One (1) service/deliver bay 

• Six (6) visitor car space 

• One (1) car wash bay to remain as common property 



allocation. 

26. A separate Development Application is required for the use of the retail and 

commercial tenancies. 

27. The premises are to be treated with anti-graffiti treatment. Details of the treatment of 

the building, including a certificate from the contractor carrying out the work shall be 

provided prior to the issue of an Occupation Certificate. 

28. The visitor car space must remain free from storage and obstruction and be made 

available for use by visitors at all times. 

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29. An intercom system is to be provided at the main entrance to the residential 

component on the Anglo Road frontage. 

30. Closed Circuit Television systems are to be installed at the ground floor entrances of 

the building. 

31. A security system/swipe card system is to be installed within the lift which allows 

operation of the lift only to authorized levels within the building. 

32. Signage throughout the site is to be used to direct people to where they are meant to 

be. This will reduce excuse making and loitering opportunities for potential offenders. 

33. The garbage room door must be kept locked at all times, except during collection 

times. 

34. The awning to be erected above the ground floor level, fronting Anglo Road as shown 

on the approved plans, must have a minimum overall height (from the natural 

ground/footpath level) of 3.2 metres and a maximum overall height of 4.2 metres. The 

awning must also have an overall width of 3 metres. 

35. Structural Engineer’s details being approved by the Principal Certifying Authority for 

all concrete footings, slabs, retaining walls and structural steel prior to building work 

reaching each respective stage. The details must be prepared by a suitably qualified 

(eg. Bachelor of Engineering) practising structural engineer who has/is eligible for 

membership of the Institution of Engineers Australia, and be accompanied by a 

completed Structural Design Certificate. 

36. Structural Engineer’s details and specifications being submitted to the Principal 

Certifying Authority for all excavation and backfilling together with the proposed 

methods of retaining/shoring to the basement area. The details must be prepared by a 

suitably qualified practising structural engineer who has /is eligible for membership of 

the Institute of Engineers of Australia, and be accompanied by a completed Structural 

Design Certificate. 

37. Any person causing excavation below the level of the base of footings on an adjoining 

allotment of land must, at their own expense: 

a) preserve and protect the building from damage; and 

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

c) give notice of intention to do so to the owner of the adjoining allotment of 

land and furnish particulars to the owner of the proposed work at least 7 days 

in advance of the excavation. 

38. Submit Structural Engineer’s details for all retaining walls to the Principal Certifying 

Authority and obtain a Construction Certificate before construction of same. The 

details must be prepared by a qualified practising structural engineer who has/is 

eligible for membership of the Institution of Engineers Australia, and be accompanied 

by a completed Structural Design Certificate. 

39. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to the 

pouring of concrete at B1, B2, G, L1, L2,L3 & L4 

(basement/ground/first/second/third/fourth) floor slab level indicating the finished 

floor level to a referenced benchmark. These levels must relate to the levels indicated 

on the approved architectural plans and/or the hydraulic details. 

40. All bathroom, en-suite and laundry windows contain translucent glazing. 

RAILCORP 

41. All excavation and construction works are to undertaken in accordance with the 

details, methodology, advice, undertakings and recommendations detailed in the 

following documents: 

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41.1. Geotechnical Investigation report prepared by Auswide Geotechnical (on 

behalf of Environmental Investigations) dated 21 October 2011(Report No. 

AW25539). 

41.2. Correspondence from Auswide Geotechnical dated 15 February 2012 (Ref No. 

AW25539). 

41.3. Correspondence from Auswide Geotechnical dated 16 March 2012 February 

2912(Ref No. AW25539). 

41.4. Basement 2 Shoring and Excavation Plan prepared by FENG Consulting 

Engineers – Drawing No. 11070-S02 Issue A. 

41.5. Pile Wall PW1 and Propping Design Diagram prepared by FENG Consulting 

Engineers Drawing No.11070-S03 Issue A. 

41.6. Pile Wall PW1, Pile 2 Details prepared by FENG Consulting Engineers 

Drawing No.11070-S04 Issue A. 

The Principle Certifying Authority shall not issue the Construction Certificate until 

written confirmation has been received from RailCorp confirming that this condition 

has been satisfied. Any conditions issued as part of RailCorp’s approval/certification 

of the above documents will also form part of the consent conditions that the 

Applicant is required to comply with. 

42. The following items are to be submitted to RailCorp for review and endorsement prior 

to the issuing of a Construction Certificate: 

42.1. Machinery to be used during excavation/construction. 

42.2. A monitoring plan to control deformations at RailCorp’s infrastructure during 

excavation and construction phases. 

43. All piling and excavation works are to be supervised by a geotechnical engineer 

experience with such excavation projects. 

44. No rock anchors/bolts are to be installed into RailCorp’s property or easements. 

45. No modifications may be made to that approved design without the consent of 

RailCorp. 

46. Prior to the commencement of works and prior to the issue of the Occupation 

Certificate, a joint inspection of the rail infrastructure and property in the vicinity of 

the project (especially the retaining wall and rail track formation) is to be carried out 

by representatives from RailCorp and the Applicant. These dilapidation surveys will 

establish the extent of any existing damage and enable any deterioration during 

construction to be observed. The submission of a detailed dilapidation report will be 

required unless otherwise notified by RailCorp. 

47. An acoustic assessment is to submitted to Council prior to the issue of a construction 

certificate demonstrating how the proposed development will comply with the 

Department of Planning’s document titled “Development Near Rail Corridors and 

Busy Roads-Interim Guidelines” 

48. Prior to the issue of a Construction Certificate the Applicant is to engage and 

Electrolysis Expert to prepare a report on the Electrolysis Risk to the development 

from stray currents. The Applicant must incorporate in the development all the 

measures recommended in the report to control that risk. A copy of the report is to be 

provided to the Principal Certifying Authority with the application for a Construction 

Certificate. 

49. Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan 

and detailed Safe Work Method Statements (SWMS) for the proposed works are to be 

submitted to RailCorp for review and comment on the impacts on rail corridor. The 

Principle Certifying Authority is not to issue the Construction Certificate until written 

Page 69




confirmation has been received from RailCorp confirming that this condition has been 

satisfied. 

50. Prior to the issuing of a Construction Certificate the Applicant is to submit to RailCorp 

a plan showing all craneage and other aerial operations for the development and must 

comply with all RailCorp requirements. The Principle Certifying Authority is not to 

issue the Construction Certificate until written confirmation has been received from 

the RailCorp confirming that this condition has been satisfied. 

51. If required by RailCorp, a track monitoring plan (including instrumentation and the 

monitoring regime during excavation and construction phases) is to be submitted to 

RailCorp for review and endorsement prior to the issuing of Construction Certificate. 

The Principle Certifying Authority is not to issue a Construction Certificate until 

written confirmation has been received from RailCorp advising of the need to 

undertake the track monitoring plan, and if required, that it has been endorsed. 

WASTE 

52. The floor level of the garbage area is to be lower than the floor level of the foyer area 

to allow for cleansing/washing of the room. 

53. A grated drain and running water is to be provided within the garbage room to allow 

for cleansing activities. 

54. The separate garbage areas provided for commercial/retail and residential waste shall 

be clearly signposted and signage also provided within those areas to indicate the 

places for the rubbish bins separate to the recycling bins. 

55. There shall be no steps or obstructions in the path of travel from the garbage rooms to 

the street kerb. 

56. Door openings giving access to the garbage rooms and waste management shall be a 

minimum of 1.2metres wide. 

57. The garbage room must be constructed and arranged in accordance with the 

specifications outlined in Appendix 4 of Development Control Plan 48: Waste 

Management (DCP 48). 

58. Access to the waste storage areas shall be provided for servicing from 5:00am on 

service day. 

DISABILITY ACCESS 

59. No step, lip or significant change in level that would hinder the passage of a person 

who uses a wheelchair is to be provided at the main entry point of the building. 

60. The main entry must be at least 850mm in width to accommodate a person who uses a 

wheelchair. 

61. In relation to the basement carpark, the minimum height of the path of vehicular travel 

from the street entry to the Accessible Parking Space must be 2200mm. The clear 

vertical clearance at this space must be at least 2500mm. 

62. Appropriate signage, that is in accordance with and compliant with AS/NZS 2890, 

Part 6, must be erected at the Accessible Parking Space. 

63. Doors are to provide a clear opening of 900mm when the doors are fully open. 

64. The development must comply with all requirements of the Disability (Access to 

Premises – Buildings) Standards (2010), Disability Discrimination Act 1992 and AS 

1735.12 Part 12 (1999) – Facilities for persons with disabilities, Amendment 1. 

LANDSCAPING 

65. The landscaping must be completed according to the submitted landscape plan 

prepared by Zenith Landscape Designs (Drawing No. 11-2490L01, Revision B and 

dated 9 May 2012 as received by Council on 18 May 2012) and with AUS-SPEC 

Specification 0257-Landscape – Roadways and Street Trees, except where amended 

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by the conditions of consent. The landscaping is to be maintained at all times to the 

Council's satisfaction. 

66. The glazing windows between the common courtyards and the indoor common areas 

shall be no less than 1.8 metres in height to provide sufficient sunlight and encourage 

the use of these common open spaces. 

67. Two (2) small-medium sized canopy trees shall be planted in the central courtyard and 

one (1) to be planted in the courtyard on the east side of the building. The selected tree 

species can be deciduous to improve the solar access to the dwellings, such as 

Lagerstroemia indica, Acer palmatum or Magnolia denudate. 

ENGINEERING 

68. The stormwater system be constructed in general, in accordance with the plans, 

specifications and details received by Council on 25 th June 2012; drawing numbers 

2011326 H1-H3, Rev 2, prepared by ANA Civil PTY LTD. and as amended by the 

following condition. 







gutter. Silt arrestor pit is to be sized in accordance with clause 3.3.2 of Councils 

stormwater management manual ~ specification 9. Sump depth is to be a minimum of 

300mm deep. 



upstream of the silt arrestor pit and in accordance with Clause 4 of Council’s 

Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage 

Design”. 






















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75. A full width light duty vehicular crossing shall be provided at the vehicular entrance to 

the site, with a maximum width of 5 metres at the boundary line. This work to be 

carried out by Council or an approved contractor, at the applicant’s cost. The work is 

to be carried out in accordance with Council’s “Specification for the Construction by 

Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb 

& Gutter”. 










78. Driveways, parking and service areas are to be constructed or repaired in accordance 

with the appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245- 

Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced 

Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing. 

79. The driveway grades shall be in accordance with Australian Standard AS 2890.1"Offstreet 

Parking Part 1 - Carparking Facilities". 

80. All redundant vehicular crossings shall be replaced with kerb and the footpath reserve 

made good by Council or an approved contractor, at the applicant’s cost. The work is 



& Gutter”. 

81. The reconstruction of the kerb and gutter along all areas of the site fronting Anglo 

Road and Lillian Lane is required. Work to be carried out by Council or an approved 

contractor, at the applicant’s cost. The work is to be carried out in accordance with 

Council’s “Specification for the Construction by Private Contractors of: a) Vehicle 

Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”. 

82. The reconstruction of concrete footpath paving and associated works along all areas of 

the site fronting Anglo Road and Lillian Lane is required. Work being carried out by 

Council or an approved contractor, at the applicant’s cost. The work is to be carried 

out in accordance with Council’s “Specification for the Construction by Private 

Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & 

Gutter”. 

83. The granting of service easements within the properties to the satisfaction of Council 

or private certifier. Costs associated with preparation and registration of easements to 

be borne by the developer. 


84. Class 2 building: A continuous accessible path of travel is to be provided from the 

building entry to at least one floor containing Self-occupancy Units (SOU), and to the 

entrance doorway of each SOU. It must not contain a step or other impediment, and 

shall have an unobstructed width of at least 1000mm, and vertical clearance of 

2000mm. Access is also required to and within all Adaptable Units. 

85. Class 6 and 7a buildings: Access is required to all areas normally used by occupants. 

86. Resident entry from Anglo Road: The resident entry is to be at-grade. The landing in 

front of the ramp is to be at least 1200 mm long, and have a maximum crossfall of 

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1:40. Any Security Card Reader is to be placed at a height between 900mm and 

1100mm above the floor level, at least 500mm from an internal corner. 

87. All doors within the Adaptable Units and along all continuous accessible paths of 

travel are to provide a clear opening of at least 850mm when the door is fully open. 

Latch-side clearances vary, and are to comply with AS1428.1 (2009), Clause 13.3. 

88. Door handles must be D-shaped, to allow for one-handed operation. 

89. If any doors in the retail units, or on a continuous accessible path of travel, are glazed, 

a contrast strip must be placed for the full width of the door, and any adjacent glazed 

panels. The strip is to be at least 75mm thick, and must provide a luminance contrast 

of at least 30% to its surroundings, when viewed from the inside and the outside. 

90. Automatic doors at main entry: Censors that operate these doors must allow sufficient 

time for a slow-moving customer to enter or exit the retail tenancies before the doors 

close. 

91. The minimum width of corridors is to be 1000 mm, but they must be wider at 

doorways, to comply with AS1428.1 (2009). 

92. Units 1, 1A, 7 and 13 are identified as Adaptable Units. Each appears to be compliant 

with AS1428.1 (2009). This should be confirmed on fully dimensioned drawings. 

Fully dimensioned drawings that show the Units in their post-adaptation mode are also 

to be provided. 

93. Flooring in all wet areas is to be non-slip, in the wet and dry conditions. 

94. For Adaptable Units 7 and 13, the floor level of the patio is to be the same as the floor 

level of the Unit. Tracks for the sliding doors are to be laid flush with the finished 

floor level so as to avoid the creation of a trip. 

95. Lifts: Doors are to provide a clear opening of 900 mm, when the doors are fully open. 

The Disability (Access to Premises – Buildings) Standards require the provision of a 

fully accessible lift (AS1735.12). If the lift travels more than 12 metres it is to have 

minimum floor dimensions of 1400mm X 1600mm. As this is a residential 

development, consideration should be given to the installation of a lift that provides 

space for a paramedic stretcher measuring 2100 mm X 600 mm. 

96. Access between lifts is provided on the Ground and First Floors, but not on the upper 

Floors. The Owner’s Business Plan is to identify strategies for the evacuation of 

persons from the Adaptable Unit 13, in the event of an emergency, if one lift is out of 

service. 

97. All common areas are to be fully accessible, with some seating to provide armrests 

and backrests, and paving to be non-slip. 

98. Letterboxes are to be located on a level surface, with circulation space of at least 2070 

mm. Letterboxes for the Accessible Units are to be located at a height between 

900mm and 1100mm above the finished surface level. 

99. Four Accessible Parking Spaces are shown. The clear vertical clearance at these 

spaces is to be at least 2500 mm. The minimum height of the path of vehicular travel 

from the street entry to the Accessible Parking Spaces is to be 2200 mm. 

100. At-grade entry is to be provided to Retail Units 1 and 2. The ramp to Retail Unit 3 is 

shown as 1:10. The maximum length of a 1:10 gradient ramp is 1900 mm. If the 

ramp is longer than 1900 mm, it must have a maximum gradient of 1:14, and 

compliant handrails will be required on both sides of the ramp, with a minimum 

distance of 1000 mm between the handrails. 

101. Residential Waste Area: The landing at the right-angle turn in the ramps to the waste 

bins is to be 1500 mm X 1500 mm, to allow for a wheel to make the turn. 

Page 73




102. Tactile Ground Surface Indicators (TGSI’s) are required at the top and base of the 

ramp to the residential foyer, and at the top and base of the ramp to Retail 3, for the 

full width of the ramp. The TGSI’s must have a luminance contrast of at least 30% 

with the surrounding floor surfaces. 

CRIME PREVENTION 

103. The site must be treated with anti-graffiti paint, and shop windows and glass doors be 

applied with anti-graffiti film to deter graffiti offenders targeting the building and it’s 

perimeter. This will preserve the building and increase a sense of maintenance and 

ownership of the site. 

104. The use of proactive security such as CCTV cameras is recommended. This measure 

will ensure that the site is monitored at all times. 

105. All access points to the building (this would include lifts and stairwells) be well-lit and 

restricted to residents only through a security system. Visitors to the residential 

complex should be provided with access via an intercom. 

106. All parking areas be well-lit and restricted to only residential and retail 

owners/occupiers by a security system. This will increase security and reduce 

unauthorised persons accessing restricted areas of the building. Retail 

owners/occupiers can allow customers access via an intercom however this is not 

encouraged. As the car park entrance is located at Lillian St, which is a narrow one 

way street with very limited natural surveillance, we do not encourage such an 

increase of traffic flow into this location. 

107. The toilet at ground level should be locked at all times with retail owners/occupiers 

given key access. This toilet should not be accessible by the public.The door at the end 

of the lobby providing entrance to the back of the retail stores should be made an 

emergency exit with a one way opening door to prevent public access. Deliveries to 

retail stores can be made via this exit door with retail owners/occupiers assistance but 

access by the general public including residents should be denied, as multiple entry 

points to stores provides opportunities for robberies to occur. 

108. All fire safety exits should be fitted with a one way opening door to reduce access 

from outside of the premises. 










design. 





110. The approved plans shall be submitted to the appropriate Sydney Water Quick Check 





Page 74





20 92. 


111. Class 2, 3 or 4 Buildings 

The following critical stage inspections must be carried out by the Principal 

Certifying Authority (either Council or the Accredited Certifier): 

111.1. at the commencement of the building work, and 

111.2. prior to covering of waterproofing in any wet areas, for a minimum of 10% of 


111.3. prior to covering any stormwater drainage connections, and 

111.4. after the building work has been completed and prior to any occupation 


Class 5, 6, 7, 8 or 9 Buildings 

111.5. at the commencement of the building work, and 

111.6. prior to covering any stormwater drainage connections, and 

111.7. after the building work has been completed and prior to any occupation 


112. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a 




nominated in this development consent. 

To arrange an inspection by Council please phone 9789-9300 during normal office 

hours. 


113. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal 



114. This application has been assessed in accordance with the National Code of Australia. 

115. Where Council is appointed as the Principal Certifying Authority, you will be required 


• Structural engineering work 

• Air handling systems 



• Glazing 

• Premises Standard 


• Section J of the BCA 

116. Any works to be carried out by Council at the applicant’s cost need to be applied for in 

advance. 

117. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 



118. In granting this approval, we have considered the statutory requirements, design, 




Page 75




119. Compliance with the National Construction Code does not guarantee protection from 

prosecution under “The Disability Discrimination Act”. Further information is 

available from the Human Rights and Equal Opportunity Commission on 1800 021 

199. 


the Environmental Planning and Assessment Act 1979, and matters listed in Council’s 





determined within 6 months of the date of receipt of this Notice of 





IHAP RECOMMENDATION 

The Independent Hearing and Assessment Panel considered the application on 3 September 

2012, and their recommendation is provided below. 




“6a. Units 7, 13, 19 and 27 internal planning shall be reconfigured to 

provide primary daylight access to all habitable rooms without making 

use of the eastern void. 

6b. Provide a suitable modulated façade design and external finishes for the 

side walls on the eastern and western façades exposed to view. 

6c. The attics shall be relocated 800mm further north, away from the Anglo 

Road elevation. 

6d. The eastern lift shall be moved 300mm closer to the eastern façade. 

6e. Provide a small alcove/meeting place (including a seat) inside the 

residential entry and close to the entry point from Anglo Road.” 


“65a. Three additional street trees (of the species Callistemon Red) are to be 

provided at the Lilian Lane frontage.” 

Page 76



CONSOLIDATION OF ALLOTMENTS, DEMOLITION OF 

STRUCTURES AND CONSTRUCTION OF A HOSTEL, 

RECREATION HALL, CHILD CARE CENTRE AND ANCILLARY 

ADMINISTRATION SPACE WITH BASEMENT CAR PARKING 

FILE NO: 814/77D PT 4 


WARD: CENTRAL 


Applicant: 

Owner: 

Chinese Australian Services Society Ltd 

As above 

Zoning: Residential 2 (c) under Local Environmental Plan No. 148 – 


Application Date: 14 December 2011; with additional information submitted on 4 

May 2012, 10 May 2012 and 3 July 2012 

Summary: 

• The applicant seeks consent to consolidate the existing allotments, demolish the 

existing structures, construct a 63 room hostel and associated recreation hall, child 

care centre for 66 children with ancillary administration space and training/education 

rooms and a basement level car park. 

• The site currently accommodates a child care centre, before and after school care 

service, educational centre and administration offices in support of these operations. 

The new facilities proposed on site will include the accommodation of these 

previously approved uses. 

• The proposed development is permissible with Council consent within the Residential 

2(c) zone under Local Environmental Plan 148 – Campsie Precinct (LEP 148). 

• The application was notified/advertised in accordance with our Notification Policy 

(DCP 32). We received five submissions and a petition signed by ten households, all 

objecting to the proposed development. Issues of concern include the commercial 

nature of the development, noise and amenity issues, the construction phase of the 

development, traffic congestion and parking, privacy impacts, removal of existing 

trees and a loss of visual amenity. These issues have been addressed and are discussed 

in greater detail in the body of this report. 


planning instruments and development control plans with the exception of the noncompliance 

relating to the child care centre being in a two storey building and the 

height standard under Development Control Plan (DCP) 13 – Multiple Unit 

Development Code for the hostel component. This non-compliance is limited to 

certain portions of the southern elevation. The development is consistent with and 

reflects the objectives of the zone and DCP 13 – Multiple Unit Development Code. 

Page 77


44-50 SIXTH AVENUE & 67-75 FIFTH AVENUE CAMPSIE: CONSOLIDATION OF ALLOTMENTS, DEMOLITION 

OF STRUCTURES AND CONSTRUCTION OF A HOSTEL, RECREATION HALL, CHILD CARE CENTRE AND 

ANCILLARY ADMINISTRATION SPACE WITH BASEMENT CAR PARKING (CONT.) 


conditions. 



amendments. 




Report: 

Background 

• On 29 November 1984, DA 1920 was approved for alterations and additions to the 

existing childcare centre at 44 Sixth Avenue, Campsie. 

• On 27 December 1989, DA-4629/1989 was approved for before and after school care 

for children between 6 and 12 years at 44 and 48 Sixth Avenue, Campsie. The 

maximum number of children permitted on the site was restricted to 25. 

• On 27 August 1993, DA-6736/1993 was approved for the conversion of the existing 

residence at 46 Sixth Avenue, Campsie for use as a Childcare Centre in conjunction 

with the existing adjoining child care facilities. 

• On 18 December 2002, development consent (DA-585/2002) was issued for the use of 

50 Sixth Avenue, Campsie as an educational centre and public building in conjunction 

with the existing childcare centre at 44, 46 and 48 Sixth Avenue, Campsie. The 

educational centre provides English classes, family day care service carer classes, 

administration offices ancillary to the existing child care centre and interview rooms 

for the staff and parents/guardians of the Family Day Care Centre. 

• Since 1993, the Department of Community Services (DOCS) has provided the Chinese 

Australian Services Society (CASS) with a licence for childcare use on the site for 71 

children. 

• On 7 April 2011, the applicant lodged a Development Application (DA-152/2011) 

involving the demolition of all the existing structures on the site and construction of a 

new 42 one bedroom senior hostel, child care centre, educational establishment, 

administration and recreation area buildings over a basement car park. The proposed 

development had a capital investment value in excess of $20 million and was therefore 

referred to the Joint Regional Planning Panel. Given the scale and significant noncompliances 

presented by the initial proposal, the Panel, based on Council officers’ 

feedback advised that the application should be withdrawn or the application was 

likely to be refused. The applicant withdrew the application. 

Site Analysis 

The subject site is located between Fifth Avenue and Sixth Avenue and comprises nine 

separate allotments. The site is irregular in shape and has a total site area of 4,871m 2 . The site 

has an overall street frontage to Fifth Avenue of 55.66m and 35.55m to Sixth Avenue. A 

Sydney Water easement runs north-south through the middle of the properties fronting Sixth 

Avenue. 

Page 78





The development site currently accommodates a child care centre with an administration level 

above, hall used for the before and after school care service and five residential dwellings 

along the Fifth Avenue frontage. 

Vehicular access to the Sixth Avenue properties is via driveways and rights of access across 

44-48 and 50 Sixth Avenue. Separate driveway access is provided for each of the dwellings 

fronting Fifth Avenue. 

The immediate locality is characterised by a variety of residential developments from single 

detached dwellings to multi-unit developments. To the north and south of the Sixth Avenue 

properties, there are three storey residential flat buildings. The northern end of Sixth Avenue 

is a cul-de-sac which adjoins an open space reserve and the Cooks River. 

To the south of the Fifth Avenue properties are the rear of the residential dwellings which 

have frontage to Seventh Avenue. To the north are single detached dwellings. Fifth Avenue is 

a four lane roadway and is a main connector into Campsie from Burwood and Georges River 

Road to the north. 

Proposal 

The applicant is seeking consent to demolish all existing site structures and undertake a staged 

development comprising the following: 

• Consolidate all nine allotments into one allotment. 

• Construct a 63 one-bed seniors living hostel building located on the western portion of 

the site with frontage to Fifth Avenue. 

• Construction of a recreational hall to be used by both the hostel and before and after 

school care service. This will be connected to the eastern section of the hostel 

building. 

Page 79





• Reconstruction of a childcare centre located on the eastern half of the site with 

frontage to Sixth Avenue. 

• Construction of administrative offices servicing the childcare, hostel, educational and 

recreational uses on the site. 

• Construction of a basement car park to accommodate 31 car spaces for hostel residents 

and staff. This basement level will also include a kitchen and laundry facilities. 

• Provision of five car parking spaces at-grade for short stay/drop off associated with the 

childcare centre, one ambulance bay and one courier space. 

• A one-way driveway from Sixth Avenue to Fifth Avenue will be constructed. This will 

provide vehicular access to the basement and short stay/drop off spaces. 

• Removal and replanting of trees and landscaping works in accordance with the 

submitted landscape plans. 

In order for the child care centre and administrative services to continue operating on site, the 

applicant is proposing to stage the development over 5 stages as follows: 

• Stage 1 

− Demolition of the residential dwellings fronting Fifth Avenue; 

− Construction of the Seniors Hostel and associated basement parking and 

landscaping; and, 

− Construction of the western portion of the driveway. Two-way access will be 

provided to enable egress and access to the site in a left-in, left-out 

arrangement. 

An interim occupation certificate will need to be issued for the hostel building at the 

completion of this stage. 

• Stage 2 

− Demolition of the existing hall and administration services building along the 

northern boundary of 50 Sixth Avenue; and, 

− Construction of the single storey transitional/pre-school building. 

An interim occupation certificate will need to be issued for the pre-school building at 

the completion of this stage. 

• Stage 3 

− Demolition of the existing childcare building fronting Sixth Avenue at 44-48 

Sixth Avenue; 

− Construction of the new two-storey childcare and administration building 

along the Sixth Avenue frontage; and, 

− Construction of the outdoor play area and landscaping associated with the 

childcare centre and administration building. 

An interim occupation certificate will need to be issued for the childcare and 

administration building at the completion of this stage. 

• Stage 4 

− Demolition of the existing main childcare building at 44-48 Sixth Avenue; 

− Construction of the hall at the centre of the site and associated landscaping; 

and, 

− Construction of the remaining basement car park below the hall. 

An interim occupation certificate will need to be issued for the hall and additional 

basement car parking at the completion of this stage. 

Page 80





• Stage 5 

− Demolition of all remaining structures along the southern portion of 44-48 

Sixth Avenue; and, 

− Construction of the through site driveway, at grade car parking spaces and 

landscaping. 

A final occupation certificate will need to be issued for the entire site at the 

completion of this stage. Upon completion of all stages, the driveway will be 

converted to a one-way thoroughfare. 








• State Environmental Planning Policy (Housing for Seniors and People with a 

Disability) 2004 

• Development Control Plan 9 – Non-Residential Development adjoining Residential 

Zones (DCP 9) 

• Development Control Plan 13 – Multiple Unit Development Code (DCP13) 


• Development Control Plan 25 – Child Care Centres (DCP 25) 


(DCP 29) 





Assessment 




The site is zoned Residential 2(c) under LEP 148 – Campsie Precinct and the proposed 

hostel, child care centre, educational establishment, recreation hall and ancillary 

administration space are permissible uses on the site with the consent of Council. As 

noted in the background section of this report, consent has previously been given on 

the subject site/s for a childcare centre, educational centre and before and after school 

care. 

Consent is now being sought for the construction and use of this development which 

incorporates a seniors hostel building, childcare centre, recreation hall, educational 

centre and ancillary administration space for the hostel and childcare centre. 

Page 81





The objective of this zone is to achieve residential development allowed in the 

Residential ‘A’ zone and multiple unit housing and development that will not 

detrimentally affect the residential character or amenity of the area. 

The proposed development as designed will not affect the residential character and 

amenity of the area and satisfies the objectives of the Residential 2(c) zone. 

The buildings meet the objectives of this zone as they reflect the residential character 

of the surrounding locality and are compatible in terms of scale to neighbouring 

developments. 

Under Clause 14(1) of Local Environmental Plan 148, the maximum floor space for 

non-residential development in a Residential 2(C) zone is 0.75:1. The proposed child 

centre and administration level above have a combined floor area of 841m 2 . Based on 

a site allocation of 1481m 2 , a floor space ratio of 0.57:1 is achieved which meets the 

requirements of this clause. 






Zoning R4 – Residential The proposed development is permissible within 

the R4 zone, as defined in the Draft Canterbury 

LEP 2012. 

Yes 

FSR 0.9:1 0.85:1 Yes 

Building Height Maximum 11.5 9.894m Yes 



• State Environmental Planning Policy (Housing for seniors or people with a 

Disability) 2004 

The SEPP (Housing for seniors or people with a disability) 2004 outlines standards for 

Hostels. Those relevant to the proposed development are outlined and addressed 

below: 

Hostels 

Clause 12 of the SEPP defines a ‘Hostel’ as: 

Residential accommodation for seniors or people with a disability where; 

(a) meals, laundering, cleaning and other facilities are provided on a share basis, 

and 

(b) at least one staff member is available on site 24 hours a day to provide 

management services. 

Page 82





The proposed building is therefore defined as a hostel as it will meet the above 

requirements. 

Clause 15 of the SEPP allows, despite the provisions of any other environmental 

planning instrument, development for any form of seniors housing on land zoned 

primarily for urban purposes. The subject land is zoned residential and hence meets 

this requirement. 

Location and Access to Facilities 

Clause 26 of the SEPP states that residents of the proposed development will have 

access to the following facilities and services: 

(a) shops, bank service providers and other retail and commercial services that 

residents may reasonably require, and 

(b) community services and recreation facilities, and 

(c) the practice of a general medical practitioner. 

Such services must be: 

(a) Located not more than 400 metres from the site of the proposed development 

by means of a suitable access pathway, or 

(b) Accessible via a public transport service located not more than 400metres from 

the site of the proposed development and that it will not take residents more 

than 400 metres from the facilities and services. 

(c) Available both to and from the proposed development at least once between 

8am and 12pm per day and at least once between 12pm and 6pm each day 

from Monday to Friday. 

The applicant has provided sufficient documentation demonstrating compliance with 

the above requirements. A bus service is located within 400 metres of the development 

site and provides regular services to Campsie Town Centre, Roselands Shopping 

Centre and Campsie Railway Station. 

Site Analysis 

Clause 30 states that a Site Analysis must be prepared by the applicant in accordance 

with this Clause. A Site Analysis has been submitted with the Development 

Application which demonstrates compliance with this clause. 

Neighbourhood amenity and streetscape 

Clause 33 of the SEPP states that the proposed development should: 

(a) recognise the desirable elements of the location's current character (or, in the 

case of precincts undergoing a transition, where described in local planning 

controls, the desired future character) so that new buildings contribute to the 

quality and identity of the area; 

Page 83





The proposal is in keeping with the existing character of the locality. There is a mix of 

single detached dwellings to residential flat buildings within close proximity of the 

site. The front setback of the hostel along Fifth Avenue is consistent with the 

numerical standards stipulated under DCP 13. 

The facade of the hostel is well articulated with the balconies integrated into the 

overall design of the facade. A variety of building materials provides architectural 

interest contributing to the quality of the development. 

(b) retain, complement and sensitively harmonise with any heritage conservation 

areas in the vicinity and any relevant heritage items that are identified in a 

local environmental plan; 

The proposal is not situated in a heritage conservation area. The street trees along Fifth 

Avenue are of local heritage significance, however it is not proposed to damage these 

trees as a result of the redevelopment of this site. 

(c) maintain reasonable neighbourhood amenity and appropriate residential 

character by: 

(i) providing building setbacks to reduce bulk and overshadowing, and 

(ii) single building form and siting that relates to the site's land form, and 

(iii) adopting building heights at the street frontage that are compatible in 

scale with adjacent development, and 

(iv) considering, where buildings are located on the boundary, the impact of 

the boundary walls on neighbours; and 

(v) be designed so that the front building of the development is setback in 

sympathy with, but not necessarily the same as, the existing building 

line, and 

(vi) embody planting that is in sympathy with, but not necessarily the same 

as, other planting in the streetscape, and 

(vii) retain, wherever reasonable, major existing trees, and 

(viii) be designed so that no building is constructed in a riparian zone. 

The proposal is designed so as to minimise the impact on adjoining properties. 

Sufficient front and side building setbacks and heights are proposed which are 

consistent with the likely future character of the area. The proposal provides adequate 

building separation from the northern and southern adjoining property boundaries 

which minimises the visual bulk of the development. The proposed development will 

not have an impact on the existing building line. 

The use of native planting as proposed in the landscape plans is sympathetic with 

those present in the surrounding areas. The applicant has attempted to retain major 

existing trees and where such trees are proposed to be removed, replacement trees will 

be provided in accordance with the landscape plans. 

Council's Landscape Architect has raised no objection to this arrangement on the 

provision that improvements will be made to landscaping at the site. The proposal is 

not situated in a riparian zone. 

Page 84





In this regard, the proposed hostel is unlikely to unreasonably affect the amenity of 

adjoining development. 

Visual and acoustic privacy 

Clause 34 states that the proposed development should consider the visual and 

acoustic privacy of neighbours in the vicinity and residents by: 

(a) appropriate site planning, the location and design of windows and balconies, 

the use of screening devices and landscaping, 

The location of the proposal on the site will not impact on the privacy of adjoining 

properties. The south facing balconies have been provided with adequate visual 

privacy screens in the form of 1.8 metre high opaque glass screens. 

(b) ensuring acceptable noise levels in bedrooms of new dwellings by locating 

them away from driveways, parking areas and paths. 

The hostel rooms are setback a reasonable distance from the adjoining properties to 

mitigate potential noise impacts. 

Solar access and design for climate 

Clause 35 states that the proposed development should: 

(a) ensure adequate daylight to the main living areas of neighbours in the vicinity 

and residents and adequate sunlight to substantial areas of private open space 

The submitted shadow diagrams show the shadows cast from the hostel on the 

adjoining properties will be negligible. Further, the majority of the hostel rooms, 

living areas and communal open space will receive the required 3 hours solar access 

between 9am and 3pm on June 21. 

(b) involve site planning, dwelling design and landscaping that reduces energy use 

and makes the best practicable use of natural ventilation, solar heating and 

lighting by locating the windows of living and dining areas in a northerly 

direction. 

The building’s design has attempted to maximise the amount of rooms to the north as 

well as providing adequate natural ventilation. This will assist in maximising natural 

lighting and ventilation, which in turn should minimise energy use. 

Stormwater 


(a) control and minimise the disturbance and impacts of stormwater runoff on 

adjoining properties and receiving waters by, for example, finishing driveway 

surfaces with semi-pervious material, minimising the width of paths and 

minimising paved areas, 

Page 85





The proposal has been reviewed by our Development Engineer who is satisfied that the 

proposal satisfies the relevant standards. 

(b) include, where practical, on-site stormwater detention or re-use for second 

quality water uses. 

On-site detention is proposed to reduce the impacts of stormwater runoff onto 

neighbouring properties. A rainwater retention tank is proposed to enable water to be 

re-used on site for landscape irrigation. 

Crime prevention 

Clause 37 states that the proposed development should provide personal property 

security for residents and visitors and encourage crime prevention by: 

(a) site planning that allows observation of the approaches to a dwelling entry 

from inside each dwelling and general observation of public areas, driveways 

and streets from a dwelling that adjoins any such area, driveway or street, 

The development provides a main entry to the hostel which is to be accessed via a 

security intercom. The hostel rooms have been oriented towards the street where 

possible and along the southern elevation which allows natural surveillance over these 

areas. A pedestrian path has been provided from the Fifth Avenue frontage to the main 

entry of the building along the southern side of the site which will further promote 

natural observations at the site. 

(b) where shared entries are required, providing shared entries that serve a small 

number of dwellings and that are able to be locked, 

All shared entrances are capable of being secured by lock and can only be accessed via 

a security intercom. 

(c) providing dwellings designed to allow residents to see who approaches their 

dwellings without the need to open the front door. 

The applicant has also confirmed that the individual hostel rooms will be fitted with 

security ‘peep holes’ to enable residents to view visitors to the dwelling. 

Accessibility 


(a) have obvious and safe pedestrian links from the site that provide access to 

public transport services or local facilities. 

A clear pedestrian path from Fifth Avenue to the main entry has been provided. This is 

continued between the site and the public bus service located along Seventh Avenue 

by safe and obvious pedestrian links from the site. 

Page 86





(b) provide attractive, yet safe, environments for pedestrians and motorists with 

convenient access and parking for residents and visitors. 

The site layout and design provides an attractive and safe environment for pedestrians 

and motorists. The applicant has confirmed that each zone, being pedestrian, vehicular 

or shared will be clearly marked on the ground surface. 

Waste Management 

Clause 39 states that the proposed development should be provided with waste 

facilities that maximise recycling by the provision of appropriate facilities. The 

proposal has been reviewed by our Waste Services Coordinator who is satisfied that 

the waste management plan to be implemented is adequate in managing waste 

generated from the site. 

Development standards-minimum sizes and building height 

Clause 40 states that the proposal must comply with the standards specified in this 

Clause. 

(1) General 

A consent authority must not consent to a development application made 

pursuant to this Chapter unless the proposed development complies with the 

standards specified in this clause. 

(2) Site size 

The size of the site must be at least 1,000 square metres. 

The site has a combined site area of 4871sqm. The site area allocated to the hostel 

component of the development is 3331sqm. 

(3) Site frontage 

The site frontage must be at least 20 metres wide measured at the building line. 

The subject site has a width of 53.6 metres at the building line. 

Standards for hostels and self-contained dwellings 

Clause 41 states that the proposal must comply with the standards specified in 

Schedule 3 for such developments. 

These standards relate to the configuration and internal and external design of the 

hostel including access, car accommodation, bedroom and bathroom sizes/layouts and 

surface finishes. A condition of consent will be imposed to ensure that the hostel is 

constructed to comply with these standards and the applicable Australian Standards 

specified under Schedule 3 of the SEPP. 

Standards that cannot be used to refuse development consent for hostels 

Clause 49 provides standards that, if met, a consent authority must not used to refuse 

consent to a development application: 

Page 87





(a) building height: if all proposed buildings are 8 metres or less in height 

The proposed height of the hostel exceeds the 8 metres height limit. The height varies 

between 8.93m to a maximum of 9.894m at a point on the northern elevation. The 8 

metre height limit permitted under SEPP 2004 is likely to be intended to protect the 

character of lower density areas such as two-storey residential neighbourhoods. It is 

noted that this is one of the standards which a consent authority must not refuse 

consent to if compliance can be achieved. Hence, this matter has been addressed under 

the height controls of DCP 13 – Multiple Unit Development Code, however, it is noted 

that the height limit is 9m and the proposal is satisfactory in this regard. 

(b) density and scale: if the density and scale of the buildings when expressed as a 

floor space ratio is 1:1 or less, 

The floor space ratio of the hostel building is 0.98:1 which complies with this 

standard. 

(c) landscaped area: if a minimum of 25 square metres of landscaped area per 

hostel bed is provided, 

Based on 25sqm per hostel bed, the hostel requires a total of 1575sqm of landscaped 

area (25sqm x 63 beds). The proposal complies with this requirement as it has 

1575sqm of landscaped area. 

(d) parking: if at least the following is provided: 

(i) 1 parking space for each 5 dwellings in the hostel, and 

Based on 63 dwellings at a rate of 1 space per dwelling, the proposal requires 13 car 

spaces for the hostel residents. This has been provided at the basement car park level. 

(ii) 1 parking space for each 2 persons to be employed in connection with 

the development and on duty at any one time, 

The applicant has advised that a total of 4 core staff will be employed at the premises 

which would generate a total of 2 car spaces for hostel staff. This has been provided at 

the basement car park level. 

(iii) 1 parking space suitable for an ambulance 

One ambulance bay has been provided at grade between the two hostel entrances. 

• Development Control Plan 9 – Non-Residential Development adjoining 

Residential Zones (DCP 9) 

The provisions of DCP 9 are applicable to this development application as the site 

adjoins residentially zoned properties. DCP 9 requires that non-residential 

development adjoining residential zones must comply with the building height plane. 

The building height plane when measured along the eastern and northern elevation for 

Page 88





the child care centre component of the development complies with this requirement. 

The proposal is consistent with the objectives of DCP 9 and will not impact on the 

existing building height plane when applied at the site boundaries of the nearest 

residential zoned properties. The proposal therefore meets the objectives of the DCP 

which is to minimise the impact of non- residential building on adjoining residential 

properties and maintaining the general amenity of adjoining properties. 

• Development Control Plan 13 – Multiple Unit Development Code (DCP13) 

The majority of the requirements under DCP 13 are not applicable for the proposed 

hostel building with the exception of the Clause 6 relating to setbacks and Clause 7 

relating to the building height. 

Clause 6.1.2 requires a minimum setback of 7.5 metres for up to and including two 

storeys and 8.5 metres for over two storeys. 

The proposal provides a front boundary setback of between 9.25m and 9.7m which 

complies with the minimum requirements of this clause of the DCP. 

In regard to the side boundary setbacks, Clause 6.2.2 requires a minimum side setback 

of 4.72m based on a building height of 9.894m. Consideration may be given to an 

encroachment of 25% of the required side setback to enable design flexibility. As 

demonstrated below, the proposal is consistent with the requirements of Clause 6.2.2 

of DCP 13. 

The northern boundary has a setback between 4.04m and 6.04m while the southern 

boundary setbacks range from 5.77m and 12.03m. Taking into consideration that an 

encroachment may be permitted, the proposed setbacks along the northern elevation 

are acceptable and are considered reasonable. 

The average required setback has been maintained along the northern side of the 

building and is evenly distributed along the boundary. The encroachment does not 

have any adverse impacts on the adjoining properties in terms of overshadowing given 

the encroachment is located to the northern side of the site. The northern side of the 

building provides adequate breaks and generous setbacks at key parts of the building 

(i.e. at the communal/lounge areas of the hostel) which assists in reducing the bulk and 

scale of the building and reducing potential noise emissions from the development. 

In regard to the height of the hostel, this varies between 8.93m to a maximum of 

9.894m at a discreet point on the northern elevation. Although this strictly does not 

comply with the numerical height standard, in this instance it is worthy of support for 

the reasons outlined below: 

The site is located in a Residential 2(c) zone which permits multiple unit development. 

DCP 13 permits a maximum height of 9m which this proposal predominantly complies 

with. 

Page 89





This non-compliance has been brought about due to the slope of the natural ground 

level towards the north of the site as well as the need to provide a reasonable level 

grade to the building. The applicant has avoided providing a step of the building to 

minimise potential accidents and allow for ease of access for the elderly residents. 

As previously stated, the majority of the building complies with the 9 metre height 

limit, hence there is minimal impact in terms of overshadowing and overlooking 

which would have a detrimental impact on the amenity of the adjoining properties, in 

particular on those properties south of the site. 

In order to achieve compliance with the 9m height limit for a three storey building, the 

ground floor level would need to be lowered below natural ground which is not 

considered to be a good design outcome. Also, the internal floor to ceiling heights of 

2.7m for habitable rooms cannot be achieved. 

Based on the above, the proposed minor variation is considered reasonable and will 

result in a better design outcome without comprising the amenity of the adjoining 

properties. 


The development will accommodate a hostel building, first floor office/administration 

space above the child care centre, educational establishment and recreation hall on the 

site. 

The proposal compares to DCP 20 in the following manner: 

Standard 

Car Parking 

Required Proposed Complies 

Office Premises 296sqm of office space 

1 space per 40sqm 9 spaces 10 spaces Yes 

1 bicycle space per 

200sqm of GFA 

2 bicycle spaces 2 bicycle spaces Yes 

1 courier space 1 courier space 1 courier space Yes 

Educational 

Establishment 

(Based on parking 

assessment) 

Child Care Centre 

1 space/2 staff 

1 bicycle space per 4 

staff 

See below 

Page 90 

10 spaces 

6 spaces 

6 car spaces 

Yes 

3 bicycle spaces 3 bicycle spaces Yes 

Yes – see 

below 

Seniors Hostel 

1 space/5 dwellings 13 spaces 

13 spaces 

Yes 

1 space/2 staff 2 spaces 2 spaces Yes 

1 ambulance bay 1 ambulance bay 1 ambulance bay Yes 

Manoeuvring To be suitably sign posted, 

drained and linemarked 

Works to be carried out as a 

condition of consent. 

Yes





Standard Required Proposed Complies 

On-street sign posting Suitably sign posted parking Conditions to be included in Yes 

facility to be provided on the the consent regarding the 

street. 

suitably signposted facility 

As demonstrated in the above table, the proposed development complies with the offstreet 

car parking requirements of DCP 20. In this regard, the proposed office space 

and child care centre will provide ten and six off-street car parking spaces respectively 

behind the building line of the development. Car parking will be provided at the 

basement level of the senior’s hostel building. 

A traffic and parking report prepared by TTW Consulting Engineers was submitted 

with the Development Application. The Traffic report concluded that the “car park 

design and access arrangements are acceptable and supportable. The development 

should have no unacceptable traffic implications”. It is noted that the proposed child 

care centre will result in a reduction of the number of children from the previously 

approved number of 71 to 66 children. An additional five short stay/drop off parking 

spaces are proposed behind the building line for use by the child care centre which 

will improve the current parking situation on site as well as providing greater off street 

parking for staff members. 

In regard to the hostel component of the development, the required car parking rates 

have been addressed under SEPP (Housing for Seniors and People with a Disability) 

2004. The proposal will provide a total of 15 car spaces for hostel staff and residents 

which satisfies the provisions outlined under Clause 49 of SEPP 2004. 

The educational establishment proposed to operate within the office space on the first 

floor level is of a similar area to that approved under DA-585/2002. The operating 

hours are proposed to remain unchanged as are the number of students and staff. The 

floor area allocated for the educational establishment has been included in the floor 

area calculation of the office/administration space for car parking purposes. This 

arrangement is considered adequate given there will be no intensification of the 

currently approved use on the site. 

Having regard to these circumstances, the proposed development will not have an 

adverse impact on the movement of traffic in the local road system and from a traffic 

management perspective, the proposal is acceptable. 

• Development Control Plan 25 – Child Care Centres (DCP 25) 

It is proposed to construct a new child care centre to replace the existing child care 

centre. Although, there is an existing consent for 71 child care places on the site, it is 

proposed to provide child care services for 66 children. The child care facilities will be 

accommodated in two buildings, with the nursery at the ground level of the two storey 

building fronting Sixth Avenue and the pre-school and transition room located in a 

separate single storey building directly behind the building fronting Sixth Avenue. 

Page 91





The facility will cater for 26 children aged 0 to 2 years, 20 children aged 2 to 4 years 

and 20 children aged 4 to 5 years. The buildings will contain playrooms, staff rooms, a 

director’s office, kitchen facilities, sleeping areas, a nappy room, toilet rooms, 

storage/locker rooms and a waiting area. The development will also provide external 

play areas and the installation of associated shade structures. 

The centre will be staffed by six employees and operate between the hours of 6.30a.m 

and 6.30p.m Monday to Friday as per the existing hours of operation of the child care 

centre. 

The before and after school care service currently approved to operate on the site is 

limited to a maximum of 25 children between the ages of 6 years and 12 years. 

The hours of operation are confined to between 7am – 9am and 3pm – 7pm Mondays 

to Fridays. The applicant seeks to retain the proposed arrangement with the new 

recreation hall accommodating this service. 



Frontage Minimum 20m 35.55m Yes 

Location To be located near community Located within the support centre to Yes 

focal points 

be constructed on site and in the 

vicinity of local schools. 

To be at least 400m walking The childcare centre is not located Yes 

distance from another childcare within 400m of another child care 

centre 

centre. The new centre will replace 

the existing child care centre. 

Not within 30m of a major road Centre is not within 30m of a main 

road 

Yes 

Cul-des-sac is an unacceptable Sixth Avenue is a cul-de-sac No – see 

location 

comment 

below 

Design Max 1 storey 2 storey No – see 

comment 

below 

Building ‘residential’ in 

Building will be residential in Yes 

appearance 

appearance 

Maximum 40 Children 66 Children No – see 

comment 

below 

Maximum FSR for nonresidential 

development in 

residential zones – 0.75:1 

0.57:1 Yes 

Signage to comply with DCP 24 No signage is proposed as part of this 

development application 

N/A 

Traffic and Requirements, location and design 6 staff car spaces provided, based on Yes 

Parking of car parking in accordance with 

DCP 20 – Car Parking 

1 space/2 staff 

Parking, manoeuvring to be This will imposed as a condition of Yes 

suitably signposted 

consent 

Page 92






Suitably signposted parking A signposted area is to be provided Yes 

facility to be provided on the on street for pick up/drop in addition 

street 

to the 5 off-street pick up/drop off 

spaces to be provided 

Landscape Optimally 10m² per child, 527/66 

Yes 

and play minimum 7m² per child 

=7.98m² per child 

areas Direct access to toilets Direct access to toilets available Yes 

Outdoor play areas easily 

supervised 

Outdoor play areas easily supervised Yes 

Separation between babies and Separation available between babies Yes 

older children 

and older children 

Visual and Locate sleep rooms/play areas Cot rooms located away from play Yes 

acoustic away from undesirable noise areas 

privacy sources 

Minimise noise impacts on The submitted acoustic report is Yes 

neighbouring properties 

satisfactory in providing adequate 

measure to ensure noise impacts are 

minimised. 

Accessibility Building must provide for access A continuous accessible path of Yes 

for people with a disability by a travel has been provided throughout 

continuous path of travel from the 

street/parking areas into and 

within every room and outdoor 

area used by staff and children 

the Child care centre 

Access should be designed in Access has been designed in Yes 

accordance with AS 1428.1 accordance with AS 1428.1 

Hours of 7.00a.m-7.00p.m Mon-Fri 6.30a.m to 6.30p.m Mon-Fri No – see 

operation 

comment 

below 

As demonstrated by the above table, the proposal generally complies with the 

provisions of DCP 25 with the exception of the child care centre being located in a 

cul-de-sac, the building being two storeys, the number of children exceeding the 

maximum of 40 children and the hours of operation. 

The applicant has noted that the above non-compliances with the exception of the two 

storey nature of the building have been previously approved by Council and hence the 

proposal seeks to reconstruct the existing facilities to provide a better level of care and 

service to the community. It is noted that the number of child care places has been 

reduced from the approved 71 places to 66 places. Further, the current operating hours 

are proposed to be retained. 

The child care centre will be located at the ground level of the two storey building 

with the administrative/office space which supports the site’s operations, located at the 

first floor level. Although this does not comply with the numerical standard, it meets 

the objectives of this control which in part, is to ensure that the child care centre is 

compatible with the scale and character of the surrounding area. The immediate 

locality has a mix of medium density development, residential flat buildings and 

detached dwellings. The design and external finishes of the two storey building 

Page 93





fronting Sixth Avenue is compatible with the surrounding development and does not 

detract from the visual amenity of the surrounding area. The proposal is likely to result 

in a higher standard of amenity for children, parents, staff and surrounding residents 

given it will provide better facilities for direct users of the child care centre and 

improved measures in terms of parking and acoustics in regard to the daily operations 

of the centre. 

Further, the proposal was referred to our Community Services section for review. No 

issues were raised subject to the imposition of the relevant conditions relating to the 

management of the staged construction phases of the development. No concerns were 

raised with the office/administrative level being directly above the child care centre 

provided that each use being completely separated via different access points to 

maintain the safety and security of the children. 

The variation sought to accommodate the child care centre at the ground level of the 

two storey building is not considered to be out of character with the residential nature 

of Sixth Avenue and will complement the streetscape. 




Standards Requirements Proposal Complies 

Natural Avoid blind corners, provide Proposal does not involve blind Yes 

Surveillance natural surveillance for 

corners, car parking or communal 

public/communal areas, clearly areas, front of the buildings are 

visible entries/exits, service areas clearly visible from the street, as 

and car parking should be well lit are the proposed entry/exit points. 

Access Prevent unintended access Security intercom provided at Yes 

Control 

front entry of hostel. Also 

adequate lighting is to be 

provided to entry points. 

Ownership Create a ‘cared for’ image. Use Front landscaping will create a Yes 

materials that reduce the ‘cared for’ image and a tangible 

opportunities for vandalism. 

Express a sense of ownership and 

reduce illegitimate use/entry 

sense of ownership 

Natural Front setback design to maximise Natural surveillance exists with Yes 

Surveillance natural surveillance to common proposed design of front setback 

areas 

and common area. 

Access Buildings/dwellings clearly Buildings/hostel rooms are 

Yes 

Control identified by street number. secured, numbers to be provided 

Security for dwelling 

on street frontage 

Ownership Dwellings and communal areas Front and rear of dwelling to be Yes 

design to provide sense of 

ownership 

landscaped 

The proposal therefore complies with the provisions of DCP 29. 

Page 94







Solar Access Requirements Proposed Complies 

To at least 50% of 35m² (which includes a The development allows more than two Yes 

minimum dimension of 2.5m) of the hours of sunlight to 50% of the principal 

adjoining property’s principal area of ground private open space of the adjoining 

level open space for a minimum period of 2 

hours between 9am and 3pm on June 21. 

properties. 

One living room window (of the adjoining Living room of adjoining properties will Yes 

property) is to receive 2 hours sunlight continue to receive in excess of two 

between 9am and 3pm on June 21 

hours of sunlight at the Winter Solstice. 

Outdoor clothes drying area of the adjoining The outdoor clothes drying area of the Yes 

property is to receive 2 hours sunlight adjoining properties will receive 2 hours 

between 9am and 3pm on 21 June 

of sunlight on June 21 

The proposal therefore complies with the relevant provisions of DCP 37. 


The DA has been accompanied by a detailed landscape plan which has been assessed 

by our Landscape Architect and found to be in accordance with the requirements of 

DCP 45. No objections are raised to the proposal subject to appropriate conditions. 


The DA has been assessed against the relevant provisions of our Development Control 

Plan 48 – Waste Management. Plans submitted with the application make provision 

for a garbage enclosure areas located in close proximity to Fifth and Sixth Avenues 

which complies with the requirements of the DCP. 


The provisions of our Section 94 Contributions Plan apply to the proposed 

development in that it will provide residential dwellings on the subject site. The 

proposed development attracts a contribution of $395,195.10 for open space, 

recreation facilities, community facilities, environmental amenity improvements, 

traffic control and management, car parking and monitoring, research and 

administration. 

In regard to the above contribution for the subject site, the applicant has requested that 

the timing of the payment of the Section 94 Contribution be changed from prior to the 

issue of the first construction certificate to prior to the issue of the first occupation 

certificate at Stage 1 of the development. Consideration has been given to this request, 

however the contribution is to be paid prior to the issue of the construction certificate 

in accordance with our Section 94 Contributions Plan. 

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Notification 

The development application was initially notified in accordance with the requirements of our 

Development Control Plan 32 – Notification Policy during which time, we received a petition 

signed by ten local residents and five individual submissions in the immediate locality. 

Amendments to the initial design have since been undertaken. The objection letters raised the 

following issues of concern which are discussed below: 

• Commercial and visual nature of the development 

Concerns have been raised that the proposed development is a commercial nature and 

will have a negative visual impact on the streetscape. 

Comment 

The majority of the uses (with the exception of the hostel building) proposed as part of 

the application have been previously approved by Council. The proposal seeks to 

reconstruct these facilities in new buildings. The proposal is a permissible form of 

development under Campsie Local Environmental Plan 148 – Campsie Precinct. It is 

noted that the original proposal was of a significantly larger scale being three storey in 

height along the Sixth Avenue frontage. The applicant has since modified the design to 

complement the existing streetscape. The design is considered to be appropriate in the 

context of the surrounding development. The design is sympathetic to the residential 

character of the area and is unlikely to have a negative impact on surrounding 

development. 

• Noise and Amenity Issues 

Concerns have been raised regarding the noise and amenity impacts to arise from the 

proposed development. 

Comment 

While the proposal is of a higher density than existing development, the development 

of the hostel building is of residential scale and noise levels generated will be 

consistent with that of a domestic nature. In regard to the child care centre and 

recreation hall, the applicant has submitted an acoustic report relating to such matters 

as mechanical plant and equipment operating on the site, driveway noise from the 

child care and before and after school care uses, noise from the outdoor play areas and 

community hall and traffic noise intrusion from the Fifth Avenue hostel apartments. 

The report has been reviewed by our Compliance section. The recommendations 

outlined in the acoustic report will be imposed as conditions of consent to mitigate 

potential noise and amenity impacts on surrounding residences. 

• Damage to Adjoining Properties as a Result of Excavation 

Concerns have been raised that the excavation proposed as part of the development is 

likely to result in damage to the adjoining residential properties. 

Comment 

The proposal does involve the excavation of the site to accommodate the proposed 

basement car parking area. This is not an unusual circumstance and in such instances, 

we typically impose conditions to ensure that damage to adjoining properties is 

Page 96





minimised by requiring applicants to provide dilapidation and geotechnical reports 

prior to the issue of a Construction Certificate. Such conditions would need to be 

imposed on any development consent issued for this proposal. 

• Parking and Traffic Considerations 

Concerns have been raised that the proposed development will further increase traffic 

and parking problems currently experienced at the site. 

Comment 

The proposed development has been assessed under SEPP 2004 and DCP 20 – Car 

Parking Code and complies with the minimum car parking rates as stated under both 

the SEPP and DCP 20. The proposal does not seek to increase the intensity of the 

existing child care centre. The existing car parking arrangements will be improved as a 

result of the proposed development with additional car parking spaces to be provided 

on site for staff and five additional off-street short stay/pick up spaces for parents. 

With respect to traffic generation, a traffic and parking report was submitted with the 

application. This has been reviewed by our Traffic Section who have raised no 

objection to the development. The level of traffic from the development is not 

excessive and is not likely to have an impact on the movement of traffic in the local 

road system. Appropriate conditions of consent will be imposed regarding the onstreet 

drop off/pick up areas for the child care centre along the Sixth Avenue frontage. 

• Loss of Privacy 

Concerns have been raised that the proposed development will have a detrimental 

impact on the privacy of the adjoining residential properties. 

Comment 

It is noted that a redesign of the proposal has addressed the issues of privacy and 

overlooking into the adjoining southern and northern properties. The south facing 

balconies of the hostel building will be provided with 1.8m high solid opaque screens 

to mitigate direct overlooking on the adjoining properties fronting Seventh Avenue. In 

regard to the northern elevation of the development, windows have been kept to a 

minimum along the upper floors and offset from the adjoining properties. These 

measures will ensure that the proposed development will not result in an unreasonable 

level of privacy impact on the adjoining residential properties. 

Further, a condition of consent will be recommended requiring 600mm lattice fencing 

to be provided along the northern boundary fence along the length of the child care 

centre boundary. This is required to be installed with the concurrence of the effected 


• Removal of Existing Trees 

Concerns have been raised regarding the removal of the existing trees on the site to 

accommodate the development. 

Page 97





Comment 

Our Landscape Architect has assessed the proposal and the submitted Landscape 

Design and has raised no objection subject to the landscaping works being undertaken 

in accordance with the landscape plan submitted to Council. The removal of the 

existing trees will be replaced with alternative plantings in accordance with the 

Landscape Plan. This will be imposed as a condition of consent. 

Conclusion 

The development complies with the requirements of SEPP 2004 regarding the hostel 

component of the development. While the development does not comply with two of our 

policy controls regarding the height and of the hostel and the two storey nature which 

accommodates the child care centre, the proposal is consistent with the relevant objectives of 

each respective development control plan and is therefore worthy of support. The proposed 

development to be undertaken over five stages and will improve the current operating 

practices of the previously approved uses on the site. 



plans, codes and policies. The development application is therefore recommended for 

approval subject to conditions. 


THAT Development Application 605/2011 be APPROVED subject to the following 

conditions for each stage of the development: 





• Protection from termites 

• Structural Engineering Plan 








• NatHERS Certification 



• Compliance with Conditions 6.1 and 6.2 of this consent 

• Plan of management of management practices and operational 

procedures to ensure compliance with the acoustic recommendations. 

1.2. Compliance with Condition No. 1.1 of this consent for each stage of the 

development from Stages 1 through to 5. 

1.3. Evidence of a Home Building (Private) Insurance Certificate. 

Page 98






Corporation or to Council at each respective stage of the development. 

Stage 1 










Occupation Certificate Fee $2,355.00 

Stage 2 









Stage 3 



Long Service Levy $5,117.00 






Stage 4 

1.11. Payment to Council of: 








Stage 5 








Page 99






Note 1: Long Service Leave Levy payment:(Long Service Leave is payable where the 

value is $25,000 or more under Part 5 Section 36 of the Building and Construction 

Industry Long Service Payments Act 1986). 






EFTPOS. 



to payment. 















the work. 

INSURANCE 








SITE SIGNAGE 








DEMOLITION 





Page 100






































hours). 










www.lead.org.au. 





Page 101









GENERAL 

6. The development of each Stage is to be carried out in accordance with the plans, 

specifications and details set out in the table below except where amended by the 

conditions specified in this Notice. The works identified as Stage 1 through to Stage 5 

in the Staging Plan must be carried out in accordance with the plans and details tabled 

below. Upon completion of each Stage of the development, an Interim Occupation 

Certificate must issued prior to the commencement of the next respective Stage of the 

development. 

Drawing No. Dated Prepared by Received by Council 

DA003 Issue D 4 April 2012 Calder Flower Architects 10 May 2012 



DA006 Issue C 18 Nov 2011 Calder Flower Architects 14 Dec 2011 

DA007 Issue C 

Staging Plan 

18 Nov 2011 Calder Flower Architects 14 Dec 2011 


Staging Plan 













101101-C01-P5 3 May 2012 TaylorThomsonWhitting 10 May 2012 








6.1. A dilapidation report/photographic survey prepared by an appropriately 

qualified engineer is to be undertaken of the adjoining properties being 77 Fifth 

Avenue, Campsie, 25, 31, 33, 35, 37 and 39 Seventh Avenue, Campsie and 52 

Sixth Avenue, Campsie detailing the physical condition of each property, both 

internally and externally, including such items as walls, ceilings, roof, 

structural members and other similar items, shall be submitted to the Principal 

Certifying Authority prior to the issue of a Construction Certificate. On 

completion of the excavation and building works and prior to occupation of the 

building, a certificate by an appropriately qualified engineer stating to the 

Page 102





effect that no damage has resulted to adjoining premises is to be provided to 

the Principal Certifying Authority. If damage is identified which is considered 

to require rectification, the damage shall be rectified or a satisfactory 

agreement for rectification of the damage is to be made with the affected 

person/s as soon as possible and prior to occupation of the development. All 

costs incurred in achieving compliance with this condition shall be borne by 

the person entitled to act on this consent. This is to be undertaken prior to the 

issue of the Construction Certificate for Stage 1. 

6.2. A geotechnical engineering report assessing the impact and safety of the 

proposed works is to be prepared by a suitably qualified and experienced geo 

practitioner and provided to the Principal Certifying Authority prior to the 

issue of a Construction Certificate. The report must include the results of 

subsurface investigations, involving either test pits to rock, or preferably the 

drilling of cored boreholes (to one metre below the proposed final excavation 

level). The report shall describe: 


• An indication of the nature and condition of the material to be 

excavated. 


• Required temporary measures for support of excavations deeper than 

one metre adjacent to property boundaries. 

• Statement of required excavation methods in rock and measures 

required to restrict ground vibrations. 

• Other geo-technical information or issues considered relevant to design 

and construction monitoring. 

All findings and recommendations of the Report are to be followed and 

adhered to throughout the construction process. This is to be undertaken prior 

to the issue of the Construction Certificate for Stage 1. 







9. All building construction work must comply with the Building Code of Australia. 




11. This condition has been levied on the development in accordance with Section 94 of 





The monetary contribution of $395,195.10 shall be paid to Canterbury City Council 

before a Construction Certificate can be issued in relation to the development, the 

subject of this Consent Notice. The amount payable is based on the following 

components: 

Page 103






• Open Space Acquisition $190,429.27 711 






Note: The rates applying to each contribution element are subject to indexing using the 

Consumer Price Index The Contributions payable will be adjusted, at the time of 

payment, to reflect CPI increases which have taken place since the DA was 

determined. 

Council’s Section 94 Contributions Plan 2005 may be inspected at Council’s 

Administration Centre, 137 Beamish Street, Campsie or from Council’s website 

www.canterbury.nsw.gov.au. A copy of the Plan may be purchased from Council’s 

Administration Centre, 137 Beamish Street, Campsie during office hours. 

12. Renewal or provision of fencing, attributable to the proposed development being the 

responsibility of the developer. 

13. The bathroom and ensuite window(s) being translucent glass. 

14. The recreation hall must not be used for any other purpose other than providing 

recreational space for residents of the hostel and for the use of the before/after school 

care service. The hall must not be sublet to any other third party. 












19. All disturbed areas must be stabilised against erosion within 14 days of completion, 

and prior to removal of sediment controls. 

20. Erection of a hoarding/fence (for the class 2 - 9 building) or other measure to restrict 

public access to the site and to building works, materials or equipment when building 

work is not in progress or the site is otherwise unoccupied. 

21. Where excavation is proposed adjacent to existing dwellings or a vacant property, the 

works shall be carried out in accordance with Part 3.1.1-Earthworks BCA2004 and, 

the person/company responsible for doing the excavation shall give 7 days notice of 

intention to carry out the excavation works to the owner of the adjoining allotment of 

land and furnish particulars to the owner of the proposed work. (An allotment of land 

also includes a public road and any other public place.) 

22. Where erection or demolition of a building involves the closure of a public place, or 

where pedestrian or vehicular access is to be obstructed or rendered inconvenient, the 

premises is to be provided with a hoarding and or sufficient awning to be erected to 

prevent any substance from, or in connection with the work falling onto the public 

place. 

Page 104





23. The site is also to be kept illuminated between sunset and sunrise where it is likely to 

be dangerous for people using the public place. 

24. During the demolition or erection of a building, a sign must be provided in a 

prominent position stating that unauthorised entry to the premises is prohibited and 

contain all relevant details of the responsible person/company including a contact 

number outside working hours. 

25. A sign is not required where work is being carried out inside, or where the premises 

are occupied during the works (both during and outside working hours). 

26. Toilet facilities shall be provided to the work site in accordance with WorkCover’s 

NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant 

requirements of the BCA2004. 

27. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to walls 

being erected more than 300mm above adjacent ground surfaces to indicate the exact 

location of all external walls in relation to allotment boundaries. 

28. Provide a Surveyor’s Certificate where applicable to the Principal Certifying Authority 

prior to the pouring of concrete at basement, ground, first and second floor slabs and 

roof ridge levels indicating the finished floor level to a referenced benchmark. These 

levels must relate to the levels indicated on the approved architectural plans and/or the 

hydraulic details. 

29. The configuration and internal and external design of the hostel including access, car 

accommodation, bedroom and bathroom sizes/layouts and surface finishes must be 

constructed to comply with Clause 41 and the applicable Australian Standards 

specified under Schedule 3 of State Environmental Planning Policy (Housing for 

Seniors or People with a Disability) 2004. 

CARPARKING AND TRAFFIC 

30. A total of thirty-one (31) off-street car spaces must be provided at the basement level 

in accordance with the submitted basement plan. 


• Thirteen (13) car parking spaces for the hostel residents within the 

development. 

• Two (2) car parking spaces for hostel staff within the development. 

• Six (6) car parking spaces for the child care centre component of the 

development. 

• Ten (10) car parking spaces for the ancillary administrative office space and 

educational establishment. 

31. The car spaces must be sealed, line marked and made freely available at all times 

during business hours for staff and hostel residents. 

32. Signage must be erected for residents, visitors and staff to notify and allow people to 

use the designated spaces. 

33. Five (5) Drop-off/Pick up car spaces are to be provided on-site for use by the child 

care centre. These care spaces must be time-restricted. 

34. Eight (8) bicycle spaces must to be provided as shown on the landscape plans 

submitted to Council on 10 May 2012. 

35. A sign being erected at the entrances to the internal driveway indicating the street 

addresses of the buildings within the site. 

36. The buildings are to be clearly identified from the street/internal driveway by street 

numbering. 

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37. The internal driveway is to be provided with street lighting as per 1158.3.1 – 1999 

Category P Lighting at the cost of the developer. 

38. Any security lighting to be installed not to affect the amenity of the adjoining 

residences. 

39. Should the installation of a gate to the internal driveway and garage door at the 

opening of the basement be provided, they must be designed, constructed and 

maintained for quiet operation so as not to impact on the amenity of adjoining 

residences. 

40. The frontage of the site in Sixth Avenue (approximately 24m) is to be signposted as a 

10 minute parking zone for drop off and pick up of children during AM and PM peak 

hours. A plan is to be submitted to the Council's Traffic Committee for approval 3 

months prior to the issue of a construction certificate at Stage 1 of the development. 

All cost associated with the proposed work shall be met by the applicant. 

41. The proposed on site parking for Drop off and pick must be signposted with 10 

minute parking zone and is not for staff car parking. 

42. A blister island shall be installed in Sixth Avenue between the vehicle crossing to 

No.25-29 Sixth Avenue and the proposed vehicular crossing to 44-50 Sixth Avenue. 

This will prevent illegal parking in a short space between the vehicular crossings. A 

plan is to be submitted to the Council's Traffic Committee for approval 3 months prior 

to the issue of a construction certificate. All cost associated with the proposed work 

shall be met by the applicant. 

43. A median island shall be installed in Fifth Avenue to prohibit right turns out of the 

site. A plan is to be submitted to the Council's Traffic Committee for approval 3 

months prior to the issue of a construction certificate. All cost associated with the 

proposed work shall be met by the applicant. 

44. The entry and exit shall be sign posted with one way signs, no entry signs, and 

pavement arrow markers to ensure vehicles do not ingress or egress in the wrong 

direction on the proposed one way system from Sixth Avenue to Fifth Avenue. 

45. Advisory arrows and signs shall be installed within the site indicating the one way 

direction and the No Right turn condition at Fifth Avenue. A plan is to be submitted to 

the Council's Traffic Committee for approval 3 months prior to the issue of a 

construction certificate. All cost associated with the proposed work shall be met by the 

applicant. 

46. Delivery vehicles to the site are restricted to mini-vans and small vehicles only. No 

large trucks are permitted to make deliveries to the site. 

LANDSCAPING 

47. Landscape works must be completed according to the approved Landscape Plans 

prepared by Taylor Brammer (Job No: 10-033W) and Arborist Development 

Assessment Report prepared by Moore Trees with AUS-SPEC Specification 0257- 

Landscape – Roadways and Street Trees, except where amended by the conditions of 

consent. The landscaping is to be maintained at all times to the Council’s satisfaction. 

48. The approved Landscape Plans and Arborist Report are listed as below: 

Drawing Title Prepared by Drawing 

No. 

Date Revision 

Landscape Concept Plan Taylor Brammer LC01 18 Mar 2012 E 

Landscape Analysis Plan, 

Details and Maintenance 

Specification 

Taylor Brammer LC02 18 Mar 2012 B 

Landscape Concept Plan Taylor Brammer LC03 16 Nov 2012 B 

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Landscape Planting Plan Taylor Brammer LC04 20 Apr 2012 A 

Arborist Development 

Assessment Report 

Moore Trees N/A 01 Apr 2012 N/A 

Tree Protection Plan Moore Trees N/A 30 Mar 2012 N/A 

49. The three (3) existing street trees on Sixth Avenue, Lophostmon confertus (Brush Box) 

and two (2) existing Palms on Fifth Avenue, Phoenix canariensis (Canary Island Date 

Palm) fronting the development site, must be retained and protected during 

construction. All the tree protection works required in the approved Arborist Report 

must be implemented before the commencement of any site works. This includes a 

minimum 1.8 meters high chain mesh fencing (with standard 50mm pitch on 2400mm 

star pickets driven 600mm into the ground) to be erected around the perimeter of the 

TPZ as indicated on the approved Tree Protection Plan. 

50. If pruning of existing street tree(s) is required as the site works progress, individual 

application for tree pruning work must be submitted to Council, and no pruning should 

be carried out prior to the approval is obtained. 

51. The two site trees, as numbered Tree 7 and 8 in the Arborist Report, must be retained 

and protected during the development in accordance with the approved Aborist 

Report. They are Angophora costata (Sydney red Gum) and Quercus robur (English 

Oak). 

52. The required TPZs on the approved Tree Protection Plan must be identified on the 

Landscape Plans prior to the issue of Construction Certificate for that stage of the 

development. All the demolition works within the TPZs must be carried out by hand. 

No machinery works is permitted within the TPZs. All the required tree protection 

measures, including tree protection fencing, tree trunk protection and ground 

protection, shall be erected before any machinery or materials are bought onto the site. 

The deadwood on Tree 7 and 8 shall be removed under supervision of the Project 

Arborist before the tree protection measures are implemented. 

53. If excavations are required within TPZs, this excavation shall be done by hand to 

expose any roots. Any roots under fifty (50) millimetres in diameter may be pruned 

cleanly with a sharp saw. If roots greater than fifty (50) millimetres in diameter are 

require to be removed, the Project Arborist must be contacted and consulted for 

recommendations prior to the pruning is carried out. Arborist’s supervision on site 

may be required. 

54. The Project Arborist is required to undertake at least four (4) site inspections during 

the construction phrase. The application shall submit the four (4) certifications from 

the Project Arborist to Council or other Principal Certifying Authority once each 

inspection is completed in order to verify that retained trees have been correctly 

retained and protected as per the Conditions of Consent and Arborist’s 

recommendations. The inspections are required at such times as follows: 

(i) At completion of the installation of tree protection measures and before the 

commencement of demolition works; 

(ii) At completion of the demolition works; 

(iii) At mid point of the construction phrase; 

(iv) At completion of the construction phrase. 

55. Permeable surfacing finishes are required within the Structural Root Zones (SRZs), 

which are 3m from the centre of tree trunks for both Tree 7 and 8. The proposed finish 

material shall be approved by the Landscape Architect and Project Arborist prior to 

the issue of Construction Certificate. No surface compaction shall be undertaken 

Page 107





within this area. 

56. Three (3) new Phoenix canariensis (Canary Island Date Palm) are required to be 

planted in the natural strip on Fifth Avenue prior to the issue of the Occupation 

Certificate. The installed plant stock shall be no small than 200litre The planting of 

these Palms is to be carried out upon the completion of construction by contractors in 

accordance with AUS-SPEC Specification 0257-Landscape – Roadways and Street 

Trees. This document is available for purchase from Council. The locations and 

planting detail of the new Palms shall be submitted to and approved by Council’s 

Landscape Architect prior to the installation. The heritage significance of the street 

planting on Fifth Avenue must be maintained. 

CHILDCARE 

57. The hours of operation being confined to between 6.30a.m and 6.30p.m Mondays to 

Fridays, inclusive, with no work being carried out on weekends and Public Holidays. 

58. The management of the staged construction phases of the development must be 

undertaken in accordance with the measures and details provided by Calder Flower 

Architects to Council on 31 May 2012. This is to ensure that the safety of children and 

visitors to the site is maintained as well as minimising risk during the demolition and 

construction phases of the development. 

59. The number of persons working on the premises being limited to eleven (11). 

60. The first floor office area must be used in conjunction with the child care centre and 

hostel as well as for use as an educational centre. 

61. The hours of operation for the educational centre being confined to between 8.00 a.m. 

and 6.00 p.m. Monday to Friday and with occasional classes being held 6:30 p.m. to 

9.00 p.m. on Tuesdays evening. 

62. The proposed education centre being restricted for use as language/carer classes and 

only. The premises must not used outside the hours of operation for any activity. 

63. Carer classes and English classes in the educational centre on the first floor being 

limited to no more than ten (10) students at any one time. 

64. In addition to Council’s daily street sweeping and cleansing operations, the 

owner/manager of the building shall ensure that the forecourt and the surrounds of the 

building are to be kept clean and free of litter during normal working hours. 

65. Finishes and materials including the treatment of external walls, pavers, porch and 

roofing being in accordance with the drawings titled External Finishes, prepared by 

Calder Flower as received by Council on 14 December 2011. The approved design 

(including an element or detail of that design) or materials, finish or colours of the 

building must not be changed so as to affect the external appearance of the building 

without the approval of Council. 

66. The visible light reflectivity from building materials (eg. external windows, glass 

bricks etc.) used on the facade of the building should not exceed 20% and must be 

otherwise designed so as not to result in glare that causes discomfort or threatens 

safety of pedestrians or drivers. A Compliance Certificate being provided to the 

Principal Certifying Authority. 

67. The visible light reflectivity from roofing materials must not result in glare that affects 

the amenity of nearby building occupants. 



69. With the concurrence of the affected adjoining property to the north, 600mm of lattice 

being provided along the length of the child care centre boundary. This is to be 

Page 108





undertaken at the applicant’s cost. 

70. The premises being licensed by the Department of Community Services to cater for 

twenty-six (26) children aged under two, twenty (20) children aged two – three years 

and twenty (20) children aged four – five years. Any increase in the number of 

children will require the further consent of Council. 



72. No internal or external public address system being installed that would impact on the 

amenity of adjoining residences. 


residences. 

74. The proposed use of the premises and/or machinery equipment installed must not 

create noise so as to interfere with the amenity of the neighbourhood. 

If a noise nuisance occurs, the person in control of the premises must arrange for an 

acoustic investigation to be carried out (by an accredited Acoustic Engineer), obtain 

Principal Certifying Authority concurrence for the recommendations of the 

Consultant, and implement those recommendations so as to reduce the noise levels to 

the ambient noise level. 

75. The use and access of the child care centre and first floor offices above must retain 

separate access at all times to protect the safety and security of the children attending 

the child care centre. 

76. Signs must be painted on stormwater drains indicating that they are not to take liquid 

or solid waste. 

77. Compliance with all the recommendations contained in the Acoustic Assessment 

Report prepared by Wilkinson Murray Pty Ltd (Report Number 11089 Version B 

dated April 2012). 

78. A plan of management must be prepared setting out the operation of the child care 

centre indicating the management practices and operational procedures necessary to 

ensure compliance with acoustic criteria. The plan must be submitted prior to the issue 

of a construction certificate for the child care centre component of the approved 

development. 

79. A full acoustic compliance check is to be undertaken within 90 days after the 

completion of works on site. The Acoustic compliance check is to be carried out by a 

suitably qualified acoustic consultant who has not been previously involved with the 

proposal. 

80. Signs are to be erected on the boundary of the property indicating where the facility 

starts and ends to avoid unauthorised access and loitering. 

81. All structures other than the building on site are to be painted with anti-graffiti paint to 

deter graffiti offenders targeting the building and its perimeter. 

82. The finishes of all structures and buildings are to be maintained at all times, with any 

graffiti or vandalism immediately removed/repaired. 

BEFORE/AFTER SCHOOL CARE SERVICE 

83. The before and after school care service is limited to a maximum of twenty-five (25) 

children between the ages of 6 years and 12 years. 

84. The hours of operation being confined to between 7am – 9am and 3pm – 7pm 

Mondays to Fridays, inclusive, with no services permitted on weekends and Public 

Holidays. 

Page 109





ENVIRONMENTAL HEALTH 

85. All acoustic measures must be undertaken in accordance with the recommendations 

contained in the Acoustic Assessment Report supplied by Wilkinson and Murray Pty 

Limited (Report Number 11089 Version B dated April 2012). 

86. All mechanical plant and equipment should be designed to comply with section 4 and 

5 of the acoustic report. As stated in section 4, in order to avoid cumulative noise 

exceeding the state noise goals, the noise from the mechanical plant equipment should 

be 3dBA lower than the values quoted in section 4. 

87. A noise barrier as shown in figure 5.2 and 5.3 must be constructed along the southern 

side of the site to mitigate driveway noise to the residents along the southern 

boundary. 

88. The outdoor play must be treated as stated in section 6 of the report with an 

acoustically absorptive covering over at least half of the outdoor play area. 

89. If a PA system is intended to be installed in the proposed community hall, appropriate 

glazing for noise mitigation should be installed additionally if the glazing installed can 

be released or opened; it is recommended that they are kept closed when the PA is in 

use. 

90. The recreation hall should incorporate a metal roof with suspended light weight ceiling 

(mineral fibre tiles with Plaster board) and masonry walls in order to control noise 

egress. 

91. The proposed aged care residential accommodation will need to be designed such that 

external windows facing Fifth Avenue can be kept closed. This will require the 

provision of air-conditioning or a mechanical ventilation system for relevant rooms. 

Glazing to be used for these windows should be certified acoustic performance of at 

least Rw+Ctr 25. 

92. In the design process of the aged car facility, relevant provisions of the BCA, as noted 

in Section 9 of the subject report should be adhered to. 

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 

93. All access points to the buildings stairwells must be restricted to residents and staff 

only through a security system. Visitors to the complex must be provided with access 

via the intercom. 

94. The proposed pathway must to be lit to ensure the safety of pedestrians with 

consideration being given to adjoining residents. Lighting details are to be in 

accordance with AS 1158.3.1:1999. 

95. It is recommended that vegetation be planted along plain walls to limit graffiti 

vandal’s access to the blank canvass. 

96. The site is to be treated with anti-graffiti paint to deter graffiti offenders targeting the 

building and its perimeter. This will preserve the building and increase a sense of 

maintenance and ownership of the site. 

97. It is recommended that in addition to existing lighting, sensor spot lights be 

strategically placed in high pedestrian areas to increase natural surveillance and 

enhance feelings of personal safety. 

98. Staff only areas are to be restricted to authorised personnel through the use of security 

cards. This measure will ensure the restriction of unauthorised personnel from gaining 

entry. 

99. The storage units located in the vicinity of the car spaces are to be in the form of 

lockable wire cages. This measure will deter potential offenders from breaking in as 

they are unable to see the contents inside the storage unit. 

Page 110





100. The walls and ceiling of the basement car park are to be painted the colour white. This 

measure will assist with the reflection of light and increase lux levels without adding 

any additional lighting. 

101. It is recommended that mirrors be strategically erected around the site to assist with 

blind corners and increase natural surveillance. 

ENGINEERING 


specifications and details received by Council on 10 th May 2012; drawing numbers 

101101-C01-P5, 101101-C02-P6, 101101-C03-P6, 101101-C04-P5, 101101-C05-P5, 

101101-C06-P3, 101101-C07-P2, 101101-C10-P2 prepared by 

TaylorThomsonWhitting and as amended by the following conditions. 

103. Certification from a suitably accredited engineer must be provided to certify that all 

works have been carried out in accordance with the approved plan(s), relevant codes 

and standards. 










Design”. 






















109. Stormwater being disposed to Council’s inter-allotment drainage system at the North 

of the property, in accordance with Clause 4.8 of Council’s Stormwater Management 

Manual - Specification 9, “A Guide for Stormwater Drainage Design”. 






110. The NSW Office of Water may require an authorization to be obtained to permit 

dewatering as part of the development should additional geological and 

hydrogeological investigations encounter significant quantities of groundwater. 

111. A full width light duty vehicular crossing shall be provided at the vehicular entrances 

to the site, with a maximum width of 5.5m metres at the boundary line on Fifth 

Avenue. This work to be carried out by Council or an approved contractor, at the 

applicant’s cost. The work is to be carried out in accordance with Council’s 

“Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) 

Concrete Footpath, c) Concrete Kerb & Gutter”. 

112. The applicant to arrange with the relevant public utility authority the alteration or 



113. The levels of the street alignment are to be obtained by payment of the appropriate fee 


pavements, car parks, landscaping and stormwater drainage. Evidence must be 




114. Driveways, parking and service areas are to be constructed or repaired in accordance 




115. The driveway grades shall be in accordance with Australian Standard AS 2890.1"Offstreet 


116. All redundant vehicular crossings shall be replaced with kerb and the footpath reserve 




& Gutter”. 

117. The reconstruction of the kerb and gutter along all areas of the site fronting Fifth 

Avenue and Sixth Avenue is required. Work to be carried out by Council or an 

approved contractor, at the applicant’s cost. The work is to be carried out in 

accordance with Council’s “Specification for the Construction by Private Contractors 

of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”. 

118. The reconstruction of concrete footpath paving and associated works along all areas of 

the site fronting Fifth Avenue and Sixth Avenue is required. Work being carried out 

by Council or an approved contractor, at the applicant’s cost. The work is to be 

carried out in accordance with Council’s “Specification for the Construction by 


& Gutter”. 

119. The granting of service easements within the properties to the satisfaction of Council 



CONSOLIDATION 

120. The existing nine allotments must be consolidated into one allotment. The plan of 

consolidation being lodged and registered with Land and Property Information NSW 

prior to the release of the Occupation Certificate for Stage 1 of the development. 









For help either visit Sydney Water’s web site at 

www.sydneywater.com.au/BuildingDeveloping/DevelopingYourLand , Water 

Servicing Coordinators, or telephone 13 20 92. Following application, a “Notice of 

Requirements” will be forwarded detailing water and sewage extensions to be built 

and charges to be paid. Please make early contact with the Co-ordinator, since 

building of water/sewer extensions can be time consuming and may impact on other 

services and building, driveway or landscape design. 




agent to determine whether the development will affect Sydney Water’s sewer and 

water mains, stormwater drains and/or easements, and if further requirements need to 

be met. The approved plans will be appropriately stamped. For Quick Check agent 

details either visit Sydney Water’s web site at 

www.sydneywater.com.au/BuildingDeveloping/QuickCheck , or telephone 13 20 92. 

The consent authority or a private accredited certifier must ensure that a Quick Check 

agent has appropriately stamped the plans before the issue of any Construction 

Certificate. 




















hours. 





126. This application has been assessed in accordance with the Building Code of Australia. 

127. You should contact Sydney Water prior to carrying out any work to ascertain if 

infrastructure works need to be carried out as part of your development. 











• Smoke alarms 

• NatHERS completion 


advance. 

130. The Principle Certifying Authority (PCA) is to ensure that the Staging Plans prepared 

by Calder Flower, Drawing No. DA007 – DA008 are complied with at each stage of 

the development. 








133. Compliance with the Building Code of Australia does not guarantee protection from 



199. 







determined within 12 months of the date of the receipt of this Notice of 

Determination. The period to apply and have a decision made and determined 

is reduced to 6 months for Development Applications lodged on or after 28 

February 2011; or 


which you receive this Notice of Determination, under Section 97 or Section 

97AA of the Environmental Planning and Assessment Act 1979. This period 

is reduced to 6 months for applications lodged on or after 28 February 2011. 


The Independent Hearing and Assessment Panel considered the application on 3 September 



the recommendation of the Director City Planning, subject to amendment of the 

following conditions: 


“6a. Reconfigure the internal planning of the hostel to relocate the Level 1 

main entry to the south-eastern corner of the building. 






6b. Provide full length glazing to the walls separating the lounge/dining 

areas from the lift lobby at each level. 

6c. Provide an entry canopy over the Administration Entry.” 

2. Amend Condition 48 as follows: 

“Landscape Plans prepared by Taylor Brammer, drawing No. LC02 

issue B being amended by changing the word ‘Remove’ to ‘Retain’ for 

the following trees in the table under ‘Tree Removal/Retention Table’: 

1. Jacaranda; 4. Liquidambar; 5. Liquidambar; and 10. Silky Oak.” 

3. Insert new conditions as follows; 

“ 48a. The entire length of the driveway along the southern boundary shall be 

designed as a shareway with barrier free access and a high quality of 

pedestrian amenity and safety. 

48b. Provide a planting strip for the entire length of both side boundaries 

including the length of both garbage bin enclosures.” 




ONE REPORT - 2 OCTOBER 2012 


REPORT BY: DIRECTOR CORPORATE SERVICES 

Summary: 






City Plan and Budget Implications: 

This report has no implications for the Budget and supports our City Plan long term goal of 

Balanced Urban Development. 

Report: 


Room, 137 Beamish Street, Campsie on 2 October 2012 

Present 

Mr Anthony Hudson (Law) - Chairperson 

Mr David Rollinson (Town Planning) 

Ms Stacey Miers (Social Science) 

Dr Ian Garrard (Environmental Science) 

Mr Roger Hedstrom (Urban Design/Architecture) 


Ms Sung Pak (Administration Officer - IHAP) 

Mr Andrew Hargreaves (Acting Team Leader - Development Assessment, not present for the 

closed session) 

The meeting opened at 6.10 p.m. 

Introduction 









INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING ONE REPORT - 2 OCTOBER 2012 (CONT.) 


PREMISES AS A BROTHEL IN CONJUNCTION WITH THE EXISTING 

APPROVED USE FOR CHINESE THERAPEUTIC MASSAGE 


THAT Development Application DA-220/2012 be APPROVED in accordance with 

the recommendation of the Director City Planning, subject to the following 

amendments: 

1. Amend condition 2 to read as follows: 

“Three (3) off-street car parking spaces are to be provided in 

accordance with the submitted plan. These car parking spaces must: 

(a) be clear of all obstructions to enable their use at all times the 

brothel is operating 

(b) be used only by the occupiers and the staff of the premises, and 

(c) be adequately sealed, drained and linemarked.” 


“The following signs must be erected: 

(a) above the door along Phillips Avenue directing persons to the 

front entrance on the Canterbury Road frontage (minimum size 

400mm x 300mm) 

(b) on or adjacent to the roller shutter in the Clunes Lanes directing 

patrons to the front entrance on the Canterbury Road frontage of 

the premises (maximum size 400mm x 300mm). 

(c) at the Canterbury Road frontage which is to only include the 

name of the business, street number and hours of operation. 

This sign shall not refer to “brothel” or sex services of any 

kind.” 

3. Amend condition 11 to read as follows: 

“The signs in condition 10 above must be discretely lit and the signage 

lighting associated with the premises shall be switched off after the 

approved operating hours. There must be no illuminated or neon 

signage.” 


“Deep soil screen planting (with suitable species such as Callistemon 

spp, to the satisfaction of Council) to create a continuous hedge at a 

maximum height of 2.5 metres is to be provided on the western 

common boundary of 271 Canterbury Road between any outbuildings 

and the rear parking area.” 



spp, to the satisfaction of Council) to a maximum height of 2.5 metres 

to create a continuous hedge is to be provided along the eastern 

boundary of the rear parking and yard area.” 


Site Visit 







Ms Felicity 

Thompson 

(objector) 

Ms Van & Ms Nghi 

Trong Ly 

(objectors) 

• Her family moved into the area in April 2012 and she often 

works from home. 

• Phillips Avenue is a cul-de-sac and is used for parking by 

the customers of 269 Canterbury Road. This causes 

congestion issues. 

• Having brothel in their neighbourhood is unsuitable. 

• It is a friendly neighbourhood which is close to Tasker Park 

and swimming pool where people and kids play sports. 

• Main concerns are clients of the brothel loitering, parking 

and driving ‘irresponsibly’. 

• She’s very concerned that the brothel will expand. 

• Her family is harassed by people knocking on their door 

looking for a brothel. 

• The business says it’s a massage place but it is advertised as 

a place for sex / adult services in web blogs. 

• Their family have been living in their house for 18 years. 

• From 8am in the morning there are men standing outside the 

brothel. 

• They think it’s inappropriate to have a brothel in the 

neighbourhood. 

• They reside in Canterbury Road and can’t park in busy 

Canterbury Road so they have no other choice then park in 

Phillips Avenue but it is difficult to park in Phillips Avenue 

as clients of the brothel park in the street. 

• Their teenage kids don’t feel safe to bring their friends 

home due to the brothel. 


The Panel agrees with the recommendation of the report. 

The three car parking spaces should be available for the staff and occupiers only and 

should be clearly available without obstructions. 

The Panel is also of the opinion that there should be improved signage to and around 

the site directing clients to the Canterbury Road entrance. 

The Panel notes that there are a number of conditions covering similar issues and the 

Panel recommends that work be carried out to improve the groupings of conditions 

particularly when they relate to similar matters (in this particular example, conditions 

27, 33 and 36; 24 and 34 as an example of two groupings). 





WAREHOUSE AND CONSTRUCTION OF SIX STOREY RESIDENTIAL 

FLAT BUILDING CONTAINING 47 APARTMENTS WITH BASEMENT CAR 

PARKING 




amendments: 

1. Insert the following at the end of condition 1.1: 

“● Quantity and disposal methods for Asbestos and other hazardous 

materials.” 

2. Insert a heading “GENERAL” before condition 5. 

3. Insert new conditions follows: 

“5.2 Presentation of the enclosed garbage bin area on the eastern boundary 

shall be softened by a landscaped roof (minimum 600mm soil depth). 

Details including appropriate planting and drainage into the sites 

approved drainage system are to be provided prior to the issue of the 

Construction Certificate. 

5.3 The design of blank facades and projecting podiums exposed to view 

must be adequately modulated and detailed to ensure a high quality 

appearance.” 

4. Amend condition 6 to delete “65 off street car parking spaces being provided 

in accordance with approved DA plans.” and replace with “A minimum of 63 

off street car parking spaces to be provided” and then as per the proposed 

condition. 


“Finishes and materials, including the treatment of external walls, 

roofing, balcony balustrades, fences, windows and doors being in 

accordance with the details accompanying DA-12/2012, received by 

Council on 18 January 2012 and prepared by CMT Architects. The 

approved design (including an element or details of that design) or 

materials, finish or colours of the building must not be changed so as to 

affect the external appearance of the building without the approval of 

Council.” 

6. Insert a heading “CONSTRUCTION” before condition 13. 

7. Insert the following at the end of condition 28: 

“and in accordance with any requirements arising from condition 33.” 

8. Insert the following after the words “Interim Guidelines’” in condition 45: 

“(Proposed glazing will need to mitigate likely noise impacts from rail 

freight traffic. Further information is required showing the predicted 

internal noise levels calculated on spectral basis utilising the measured 

source level spectra from freight train pass-by and the predicted 

transmission loss spectra of the proposed glazing.)” 

9. Break up condition 47 as to create a new condition 47A as follows: 

“47. Given the possible likelihood of objects being dropped or thrown onto 

the rail corridor from balconies, windows and other external features 

(for example roof terraces and external fire escapes) that are within 20 

metres and face the rail corridor, the applicant is required to install 




measures (awning windows, lourves, enclosed balconies, window 

restrictors etc) which prevent the throwing of objects onto the rail 

corridor. These measures are to comply with Railcorp requirements. 

The PCA is not to issue the Construction Certificate until it has 

confirmed that these measures are to be installed and have been 

indicated on the Construction Certificate drawings. 

47A. Prior to the issue of the Construction Certificate, the applicant is to 

provide Railcorp with a report from a qualified structural engineer 

demonstrating that all structural design of the development (and 

including any wall along the rail corridor boundary) satisfies the 

requirements of Australian Standard AS5100 (the report to assess a 

collision by a passenger train, loaded freight train and an R20 truck). 

The PCA is not to issue the Construction Certificate until it has 

received written confirmation from Railcorp that it has received this 

report and the PCA has also confirmed that the measures recommended 

in the engineers report have been indicated on the construction 

drawings.” 


“Five (5) of the dwellings are to be accessible/adaptable units.” 

11. Amend condition 59 to read as follows: 

“For the benefit of persons with a vision impairment, all glazed doors 

or panels on the continuous accessible path of travel are required to 

have a transom or luminance strip at a height of between 900mm and 

1100m above floor level. The strip is to be a minimum of 75mm in 

width for the full width of the door or panel and provide a luminance 

contrast to a minimum of 30 per cent of its surroundings when viewed 

from either side of the door or panel.” 


“The proposed building shall be treated with anti-graffiti paint and antigraffiti 

film applied to any glass windows and doors at ground level 

accessible by the public, to deter graffiti offenders targeting the 

building and its perimeters.” 


“All access points to the building, including the car parking area, lifts 

and stairs are to be well lit and restricted to residents via a security 

system. Visitor access including to visitor car parking spaces is to be 

available via an intercom system. Details shall be provided with the 

application for the Construction Certificate.” 

14. Delete the second sentence in condition 64. 


“A security access door is to be provided at the main entrance off 

Broughton Street.” 

16. Delete conditions 95 to 97 and replace with the following: 

“95. Two (2) new street trees shall be provided on the nature strip adjoining 

the development in accordance with the approved Landscape Plan. The 

species is to be Tristaniopsis laurina (common name: Water Gum) and 

to be provided in 200 litre container size. The planting of this tree is to 

be carried out upon the completion of construction by contractors in 

accordance with AUS-SPEC Specification 0257-Landscape – Roadways 

Page 120



96. 

and Street Trees. This document is available for purchase from 

Council. 

All the tree supply stocks shall comply with the guidance given in the 

publication Specifying Trees: a guide to assessment of tree quality by 

Ross Clark (NATSPEC, 2003). The requirements for height, calliper 

and branch clearance for 200 litre street trees are as below table: 

Container Size Height 

Caliper Clear Trunk 

(above container) (at 300mm) Height 

200 litre 3.6 metres 60 mm 1.5 metres 

97. Auto-dripping irrigation systems must be installed to all the on-podium 

planting beds. The details of the irrigation system and discharge into 

the sites drainage system must be illustrated on the construction 

drawings prior to the issue of Construction Certificate.” 


“98. The following plant stock shall be pre-ordered, prior to issue of 

Construction Certificate or 3 months prior to the commence of 

landscape construction works, whichever occurs sooner, for the supply 

to the site on time for installation: 

Botanical Common Container Amount Notes 

Name 

Name Size 

(eg locations) 

Tristaniopsis Water Gum 200L 4 Street trees on 

laurina 

Broughton Street 

99. 

Written confirmation of the order shall be provided to Council’s 

Landscape Architect (contact no: 97899438), prior to issue of any 

Construction Certificate. In addition to the details in the above table, 

the order confirmation shall include name, address and contact details 

of supplier; and supply date. 

The maintenance period for all the approved landscape works in public 

land must be set for minimum 52 weeks, and minimum 36 weeks for 

the landscape works in private areas. The Maintenance Schedules (for 

36 and 52 weeks) must be provided prior to the issue of Construction 

Certificate, including, but not limited to: 

99.1 Replacement strategy for failures in plant materials and built 

works, 

99.2 Maintenance schedule for watering, weeding and fertilizing 

during the establishment period.” 


Site Visit 




Mr Phil Tzavellas 

(objector) 

• He spoke on both proposed developments for 4 and 8 

Broughton Street. 

• The proposed developments shouldn’t be treated as an 

individually but as a whole. 

• He has major concerns for the existing infrastructure which 

is not supportive of large developments like 4 and 8 

Page 121



Messrs Michael 

Gheorghiu, Alex 

Pascoe & Chris 

Tsioulos 

(applicant’s 



• Six storey residential developments are too big for the area. 

• The number of units proposed for these developments will 

create more traffic and contribute to congestion. 

• Quality of life of residents will be further destroyed. 

• There are other multiple unit developments proposed on 

Canterbury Road 

• Canterbury Road is a very busy thoroughfare and is often 

reduced to one lane due to many traffic incidents. It is a 

major road for many bus routes and people park cars nearby 

who commute by train. The proposed developments will 

increase traffic on the road. 

• Parking is restricted on Canterbury Road. 

• The applicant’s representatives attended and provided 

information in relation to questions raised by the Panel. 

• They stated that their design is in line with and meets the 

objectives of Council’s DCP 55. 

Panel Assessment (for both 4 and 8 Broughton Street) 

The Panel has noted and agrees with the Council officer’s report that reasonable 

efforts have been made for amalgamation of the sites 6 and 8 Broughton Street and 2 

and 4 Broughton Street. In this regard the Panel has been advised that the applicants 

have carried out discussions and negotiations with the owners of 2 and 6 Broughton 

Street and obtained independent valuations and made offers to purchase at a price 

above these valuations. These offers have been rejected and the owners of 2 and 6 

Broughton Street have indicated that they will be preparing their own design scheme 

and development applications for these sites. The development application for 6 

Broughton Street has been lodged and is being assessed by the Council. 

The Panel has been advised that all owners and designers have discussed the 

individual designs in the context of the Council’s DCP. 

DCP 55 has specific site amalgamation objectives for the suggested amalgamations in 

the DCP. The Panel understands that the Council has agreed with the applicant’s 

proposition that the designs of No. 4, 6 and 8 have been created to attempt to achieve 

as close as possible the type of streetscape and building façades that are envisaged by 

the objectives of the DCP and in particular of the amalgamation proposals of section 

4.1.1. 

The specific site amalgamation objectives are as follows: 

• efficient vehicular access to underground parking and servicing, 

• reduced driveway crossings of pedestrian footpaths 

• efficient development envelopes to achieve optimum density, and 

• sustainable building practices. 

The Panel is of the opinion that these objectives are primarily achieved by the 

proposed design for the sites. 

Page 122



In addition, the Panel notes and agrees with the analysis contained in the report 

regarding the principles of amalgamation (although these are strictly not relevant 

given that there are specific amalgamation objectives in the DCP). 

Specifically, the Panel also notes and appreciates that the façade proposed for 4 

Broughton Street as presented to the street is only one dwelling deep with appropriate 

setbacks for the rear part of the site. 

Because of the amalgamation difficulties a concession is sought for the building 

separation requirements of the DCP. The Panel is of the opinion that this concession 

is acceptable because generally the objectives of the building separation section of the 

DCP are achieved as the scale and massing of the development suits the desired future 

character of the area. Visual and acoustic privacy for the existing and new residents 

will be achieved (subject to some proposed amendments to the designs). 

Overshadowing to adjacent properties is controlled and the provision of open space is 

appropriate size and proportion for recreational activities of the building occupants. 

Further the Panel notes the objectives of 4.2 - Building Envelopes of the DCP are 

relevant. In particular, the Panel is satisfied the objectives to create a consistent 

streetscape while promoting diversity to the overall urban form and to accommodate a 

feasible density and scale in appropriate building types, are satisfied. 

The Panel recommends some proposed changes to 4 Broughton Street as follows: 

(a) The presentation of the enclosed garbage bin area on the eastern boundary 

should be softened by a landscaped roof (minimum 600mm soil depth). 

Details (including appropriate planting and drainage to the sites drainage 

system) are to be provided prior to the issue of the Construction Certificate. 

(b) The design of blank facades and projecting podiums exposed to view must be 

adequately modulated and detailed to ensure a high quality appearance. 

The Panel notes that the Council’s Code requires 63 car spaces and the applicant is 

providing 65. The relevant condition should read a minimum of 63 spaces should be 

provided to cater for any anomalies during the final design process. 

The Panel noted at the site inspection obvious and extensive use of asbestos on 

existing dwellings particularly gutters and down pipes which must be addressed by a 

special condition. 


STRUCTURES AND CONSTRUCTION OF RESIDENTIAL FLAT BUILDING 

CONTAINING 42 DWELLINGS AND TWO LEVELS OF BASEMENT CAR 

PARKING 




amendments: 

Page 123





materials.” 

2. Insert new sub conditions as follows: 

“5.2 Redesign units G.01, G.07 and G.08 to achieve an improved outlook 

towards the rear of the site and improved daylight access for all 

habitable rooms. 

5.3 Amend units 1.06, 2.06, 3.06 and 4.05 to increase the setback from No. 

6 Broughton Street from 3 metres to 4.3 metres (in line with the wall of 

the living rooms areas of these units). 

5.4 Reduce the length of the balconies at the re-entrant corner for levels 1, 

2 and 3 to achieve an increased separation between these balconies of 4 

metres minimum.” 

3. Amend condition 6 to delete “Fifty-six (56)” and replace with “Fifty-eight 

(58)” at the beginning of the condition. 














Site Visit 




Mr Phil Tzavellas 

(objector) 

Messrs Michael 

Gheorghiu, Alex 

Pascoe & M G 

Neal 

• He spoke for both proposed developments on 4 and 8 

Broughton Street at the earlier item. 



• The stated that their design is in line with and meets the 



See the Panel’s comments for 4 Broughton Street which also addresses 8 Broughton 

Street. 

The Panel adopts the recommendation of the Council officers subject to some 

amendments to conditions set out in the recommendation. 

Page 124



In relation to car parking the Panel notes that the Council’s code requires 58 car 

parking spaces and the applicant has provided 58 spaces given that the car wash bay 

and visitor car space on level B1 are of sufficient overall width. 

4 119 PERMANENT AVENUE, EARLWOOD: INTERNAL ALTERATIONS 

AND CONVERSION OF GROUND FLOOR OF TWO STOREY DWELLING 

FOR USE AS A BOARDING HOUSE 


THAT Development Application DA-117/2012 be APPROVED in accordance with 


amendments: 

1. Insert a new heading “Part A” before “PRIOR TO THE ISSUE OF A 

CONSTRUCTION CERTIFICATE”. 

2. Insert the following at the end of sentence of the 11 th dot point in condition 2: 

“to be kept up to date and available to Council for inspections.” 

3. Insert additional dot points after the “disposal of waste” in condition 2 as 

follows: 

“● The maximum number of people in accordance with condition 

9. 

● Entry and exit requirements and procedures including the 

exclusion of the eastern side passage for entry and exit to the 

dwelling by boarders.” 


“7A. This consent is for a limited period of two (2) years only.” 


“10A. The eastern side passage must not be used for entry or exit to any part 

of the boarding house (except for emergencies). A locked gate is to be 

erected at the southern end of the passage (but not forward of the 

dwelling) and keys to this gate must not be given to boarders.” 

6. Amend condition13 to read as follows: 

“One (1) off-street car space, being designed in accordance with AS 

2890.1, provided for the boarding house which must be sealed and 

linemarked to the satisfaction of the Principal Certifying Authority (in 

the front of garage). Two (2) car spaces for the first floor residence 

must be provided on site (in the double garage). The two (2) spaces for 

the first floor residential component must be independently accessible 

from the single car space for the boarding house.” 

7. Insert the following at the end of “RECOMMENDATION”: 

“Part B 

The Panel recommends that Council investigate the establishment of a 

boarding house registration system for the City of Canterbury.” 


Site Visit 



Page 125




Mr Timothy Ryan 

(objector) 

Ms Josephine Van 

Haeften (objector) 

Ms Lauren 

Moroney and Mr 

Erik Wyns 

(objectors) 

• Written submission and photographic evidence were tabled 

at the meeting. 

• The property has been operating as an illegal boarding 

house with over 25 lodgers residing at this address. 

• The owner and occupants of this boarding house disregard 

the rights of other residents in the neighbourhood. 

• The property was investigated by Council for an illegal use. 

• They removed the unauthorised kitchen on the ground floor 

after they received an Order from Council. 

• They used to advertise their rooms in Domain and Gumtree 

websites and after a Council investigation they now only 

advertise in a Chinese Newspaper. 

• The residents of the subject site do not use front door as 

indicated in the report but use side passage and back door to 

enter their rooms. 

• The storage room in the backyard has been converted into 

another unauthorised kitchen. 

• Constant parking problem from 113 to 119 Permanent Ave. 

• Parking is a big problem for the surrounding neighbours as 

majority of their lodgers have cars and they all park in 

Permanent Ave. 

• There have been numerous visits to the site by Ashfield 

Police. 

• The locality and the street is not suitable for developments 

such as a boarding house. 

• The use causes parking problems in the street. 

• The owners and boarders have little regard for neighbours or 

Council regulations. 

• There have been an on-going problems involving Council, 

police and neighbours. 

• They have been altercations between occupants of the site 

and neighbours. 

• The recommendation of the report is reliant on a number of 

conditions and assumptions. 

• There is more than enough evidence collected by 

neighbouring residents to prove that the property is used as 

an illegal boarding house. 

• At present time there are at least six people illegally 

boarding at the premises. 

• The owner of 119 Permanent Ave has not abided by the 

rules and regulations of Council. 

• An awning has been constructed without Council approval. 

• They installed a new fence as they were worried for their 

safety and the security of their house due to break and enter 

at 119 Permanent Ave. 

• Once counted up to 15 people coming and going from the 

Page 126



Mrs Pat Ryan 

(objector) 

Mr Vatche 

Krikorion 

(objector) 

premises. 

• They are concerned for privacy issues as three rooms in 119 

Permanent Ave face their property and 2 big size balconies 

overlook their backyard. 

• Recommends the Panel refuse the application. 

• She lived in her property for the past 45 years. 

• The kitchen on ground floor of the subject property was 

built illegally and faces her property and also there are 5 

other windows that overlook her property. 

• The neighbouring residents are continually abused by 

tenants. 

• Immediate neighbours have great difficulty placing their 

garbage bins for Council trucks to empty with cars parked in 

the street. 

• The neighbours do not enjoy living in this kind of 

disharmony. 

• They have been running a business as a boarding house 

illegally for many years. 

• It is a friendly neighbourhood and adjoining neighbours are 

very disturbed by the owners and occupants’ behaviour. 

• Will be very concerned if this proposal gets approved. 


The Panel noted a number of concerns from residents that the operators already 

operate the boarding house without a consent and have not complied with conditions 

relating to their existing approvals. 

Unfortunately, the Panel notes that the previous operation of this site is not a 

legitimate consideration for the Panel and the Council. The Land and Environment 

Court has stated that a Council take into account past unlawful use by the applicant as 

a predictor of future unlawful use in considering a development application for a 

prospective use (see Jonah v Pittwater Council 2006 NSWLEC 99). 

However, the impacts from past use can be relevant in the assessment. The Panel 

notes that there needs to be tighter controls imposed on the operation of the use. 

In particular, the Panel agrees with conditions to: 

(a) limit the number of boarding residents 

(b) prevent the cabana from being used as a boarding room 

(c) nomination of appropriate parking spaces 

(d) not to use the side passage as an entrance to the rooms and all entry and exit is 

by the main street front entry. 

The Panel also recommends that the consent be limited to a period of two years. 

The Panel notes that the new Boarding House Legislation is proposed by the 

government. The introduction of a registration system for NSW boarding houses will 

include: 

Page 127



• occupancy rights for residents, 

• standards for boarding houses, 

• increased penalties for non-compliance with the regulations, and 

• increased powers of entry. 

The Panel suggests that Council commence work on implementing this registration 

system. 






amendment: 


“Balcony covered by the metal roof must not be further enclosed at any 

future time without the prior consent of Council.” 


Site Visit 




There was no public address made for this item. 


The Panel agrees with the recommendation of the report noting that the application is 

in fact for a roof not a pergola (as there is a covering to the structure). 

6 313A HOMER STREET, EARLWOOD: CONSTRUCTION OF FIVE STOREY 

MIXED USE DEVELOPMENT COMPRISING BASEMENT LEVEL AND 

GROUND LEVEL CAR PARKS, TWO GROUND FLOOR COMMERCIAL 

TENANCIES AND 15 RESIDENTIAL UNITS 


THAT Development Application DA-461/2011 be REFUSED on the following 

grounds: 

1. The proposed development is an overdevelopment of the site on the basis of 

grounds of 2-11 set out below. 

2. The FSR for the development of the site (excluding the Homer lane part of the 

site) would be 3.14:1. The site (except the Homer lane part of the site) is zoned 

General Business 3(a)(1) and a maximum floor space ratio of 2:1 is set for this 

Page 128



zoning. The increased floor space ratio for the developed part of the site would 

be approx 60% over the required FSR. 

3. The development relies on mechanically stacked parking for different units for 

each stacker to address basic parking requirements. 

4. There is a non-compliance with the requirement for parking spaces due to the 

rearranged service delivery bay. 

5. There is no deep soil planting on the site which arises from the requirements 

for car parking for the amount of development proposed for the site. Less 

development would generate less parking and the possibility of deep soil 

landscaping. 

6. The building is in excess of the building height by approximately 3 metres 

because of the shade structure for the roof terrace. 

7. The building is a 6 storey building (if the terrace on the roof is included) which 

is an additional storey above the 5 storey maximum for the site. In addition the 

building effectively reads as a 7 storey building having regard to the floor to 

floor height of the first floor. 

8. There is a non-compliance with the 5 metre setback on floor 5 (section 3.2.4 of 

the DCP). 

9. The front part of the building is adjacent to and is not setback from the heritage 

facade so that the heritage facade is not properly read or respected. 

10. The upper levels of the front facade of the building are not setback in 

accordance with the section 3.3.4 of the DCP. 

11. The reliance on narrow lightwells for the primary source of daylight to the 

bedrooms provides inadequate amenity to the units. These lightwells are only 1 

metre wide and potentially could be blocked out by adjoining development up 

to the common boundary. 


Site Visit 




Mr Chris 

Bouziannis 

(objector) 

• The proposal is going up from two levels (existing street 

view) to five levels when viewed from the street. 

• Other developments have maintained the same level and this 

will set a precedent for future developments. 

• The proposed development does not complement the area. 

• The proposed development has a number of non-compliance 

issues. 

• They will overlook neighbouring properties. 

• Privacy impact on properties in Hamilton Avenue. 

• Neighbouring properties in the area will be devalued. 

• Homer Street is a busy street and traffic will be further 

increased due to the proposed development. 

• Traffic will be increased in Homer Lane. 

• Overdevelopment for a restricted site. 

• It will create poor visual impact. 

Page 129



Messrs Brett 

Daintry and James 

Phillips (applicant’s 


• Need to look at the surrounding area and measure the 

impacts carefully. 



• They stated their design is in line with and meets the 



The Panel has considered the report in detail and the additional information provided 

by the applicant’s representatives. 

This proposal is the first in this locality and should be of the highest quality and set the 

overall vision of the DCP including the requirement that of new development be 

consistent with the existing streetscape context and specifically with the Earlwood 

area. 

The Panel is of the opinion that the proposed development is an overdevelopment of 

the site and the application should be refused. 

The basis of the Panel’s recommendation for refusal is as follows: 

(a) FSR – the calculations of FSR in the report are based on the gross site area 

(including that part of the site that forms part of Homer Lane) giving an FSR of 

2.7:1. If the FSR calculations are carried out on the reduced site (excluding 

Homer Lane part of the site) the FSR would be 3.14:1. Homer Lane is 

unzoned under the Canterbury Planning Scheme Ordinance (CPSO) with the 

main part of the site being zoned General Business 3(a1) which is that part of 

the site which is available for the maximum floor space ratio of 2:1. Therefore 

what is proposed on the zoned area of the site (excluding the lane) is 

approximately 60% over the maximum allowable FSR standard for the site. 

(b) The development relies on mechanically stacked parking for different units for 

each stacker. 

(c) The non compliance with the requirement for parking spaces due to the 

rearrangement of the service delivery bay generates the need for the Section 94 

contribution. 

(d) While the requirements for car parking spaces may result in a lack of deep soil 

planting the Panel is of the opinion that this arises only because of the amount 

of development proposed for the site. Less development would generate the 

need for less parking spaces and the possibility for deep soil landscaping. 

(e) The development is in excess of the building height by approximately 3 metres 

being the shade structure for the terrace on the roof of the building. This 

shows the effect of creating an additional usable area (storey) which means the 

building is six storeys instead of the required five storeys. In addition, the 

building appears or reads effectively as a 7 storey building when regard is had 

to the extended height of the first floor. 

(f) Non compliance with the 5 metre setback on floor 5. 

(g) The new part of the building adjacent to the heritage façade is not setback to 

properly read nor respect the façade. 

(h) In addition there should be further stepping back of the front façade at the 

upper levels in accordance with the DCP. 

Page 130



(i) The reliance on narrow lightwells for the primary source of daylight to the 

bedrooms provides inadequate amenity to the units. These lightwells are only 

1 metre wide and potentially could be built out by adjoining development up to 

the common boundary. 

The meeting closed at 12.05 a.m (on 3 October 2012). 



Page 131



PREMISES AS A BROTHEL IN CONJUNCTION WITH THE 

EXISTING APPROVED USE FOR CHINESE THERAPEUTIC 

MASSAGE 



WARD: CENTRAL 

D/A No: DA-220/2012 

Applicant: 

Owner: 

Ms L Wang 

Mr Bruce Fowler 

Zoning: Specialised Business 3(f) under Canterbury Local Environmental 

Plan No.148 (Campsie Precinct) 

Application Date: 18 June 2012 

Summary: 

• The application is for the continued use of the premises as a brothel in conjunction 

with the existing approved use for Chinese therapeutic massage which was approved 

by the Land and Environment Court (LEC) on 22 April 2010 with a condition limiting 

the consent for a period of three years. 

• The subject site is zoned Specialised Business 3(f) under the provisions of Canterbury 

Local Environmental Plan 148 – Campsie Precinct, where the proposed development, 

defined as ‘office premises’, is permissible with consent. 

• The proposal has been assessed against the requirements of Canterbury Local 

Environmental Plan 148 – Campsie Precinct, DCP 20 – Car Parking Code, DCP 23 - 

The Control of Development Legalised by State Government under the Disorderly 

Houses Amendment Act 1995 and DCP 29 - Crime Prevention Through 

Environmental Design. The proposal does not comply with certain requirements of 

DCP 23. 

• The development application was notified in accordance with DCP 32 – Notification 

Policy. During this time three submissions, including one petition with 46 signatures 

was received raising concerns about the brothel’s location in proximity to residential 

development, places of worship, public car parks and educational facilities; amenity 

impacts, behaviour of clients, prior breaches of consent, parking and traffic. These 

matters are specifically addressed in the body of this report. 

• Four complaints were received during the three year approval period granted by the 

LEC on 22 April 2010. Issues raised included unhealthy practices by sex workers, 

construction works occurring late in the evening, privacy screens not having been 

erected as per conditions of consent and not complying with approved hours of 

operation. 


conditions limiting the consent to a further period of three years. 

Page 132


269 CANTERBURY ROAD, CANTERBURY: CONTINUED USE OF PREMISES AS A BROTHEL IN CONJUNCTION 

WITH THE EXISTING APPROVED USE FOR CHINESE THERAPEUTIC MASSAGE (CONT.) 



amendments. 




Report: 

Background 

Development Consent 2761 was issued on 5 August 1986 for the use of the existing two 

storey premises as a home occupation for acupuncture. 

On 18 November 1986, Development Consent 2900 was issued for use of the ground floor of 

the home occupation for the storage and distribution of martial arts supplies. 

On 15 May 1998, Development Consent 9187/1997 was issued for the use of the premises for 

sewing. 

On 13 January 2004, Development Consent 506/2003 was issued to erect a new garage on the 

site and to use the garage for parking associated with a home business for clothing 

manufacture. 

On 29 August 2005, we approved an application for the fitout and use of the ground floor 

premises as a Chinese accupuncture and therapeutic massage clinic, and use of the first floor as a 

dwelling. 

On 9 August 2007, the City Development Committee refused Development Application 

297/2007 for the use of the premises as a brothel in conjunction with the existing approved 

use for Chinese acupuncture and therapeutic massage. The reasons in summary for refusal 

were: 

1. The proposed development does not comply with the objective of the 

Specialised Business 3(f) zone as the proposed development will have a 

detrimental impact on the amenity of adjacent residential properties. 

2. The proposed development is unsatisfactory…as it does not comply with the 

provisions of our Development Control Plan 23 – The Control of Development 

Legalised by State Government under the Disorderly Houses Amendment Act 

1995 – Brothel Code with respect to the number of off-street car parking spaces 

provided on site. 

3. The proposed development is unsatisfactory as the existing disabled person’s 

access arrangements do not comply with the Disability Discrimination Act and 

the relevant Australian Standard, AS1428.1 

4. The proposed development…is unsatisfactory and is likely to adversely impact 

on the amenity of adjoining residential development. 

5. Having regard to the previous reasons for refusal and the number of 

submissions received by Council against the proposed development approval of 

the development application is not in the public interest. 

Page 133




This determination was the subject of a Class 1 Appeal to the Land and Environment Court 

and on 23 April 2008 Commissioner Brown determined that the appeal be upheld subject to 

conditions, including condition 8 which stated that: 

“This approval being for a limited period of 12 months only from the date of this 

approval after which time any use of the subject premises whatsoever will require the 

further consent of Council”. 

On 12 November 2009, the City Development Committee determined DA-309/2009 for the 

continued use of the subject premises as a brothel in conjunction with the existing massage 

and acupuncture premises by way of refusal. This was contrary to the recommendation of the 

Director City Planning and the Independent Hearing and Assessment Panel. The application 

was refused for the following reasons: 

1.1 The application does not comply with the objectives of Development Control 

Plan 23 because it is not sensitively located, is prominent in the community 

and is not located at a reasonable distance from where people live and other 

sensitive land uses. 

1.2 The application does not comply with Part 4 of Development Control Plan 23 

which requires such development not to be located within 100 metres walking 

distance of neighbouring residential areas. 


which requires such development not to be located within 200 metres walking 

distance of a place of worship. 


because it is not located above ground floor level. 

1.5 The application is likely to result in patron parking in Phillips Avenue and 

other residential streets contrary to Part 5 of Development Control Plan 23. 

1.6 The application will have an adverse impact on the amenity of the nearby 

residential neighbourhood. 

1.7 The proposal is not in the public interest. 

This determination was the subject of a Class 1 Appeal to the Land and Environment Court 

and on 22 April 2010 Commissioner Hussey determined that the appeal be upheld subject to 

conditions, including condition 7 which stated that: 

“This consent be for a limited period of three (3) years only.” 

Despite only two years lapsing since the Court’s decision, the applicant has now lodged the 

subject Development Application seeking indefinite continued use. 

Site Details 

The subject site is located on the north-western corner of Canterbury Road and Phillips 

Avenue, Canterbury. The site is occupied by a two storey attached brick building that fronts 

Canterbury Road. Access to the site’s off-street parking is accessible via Clunes Lane which 

runs parallel to Canterbury Road along the rear of the site. There is no through access for 

vehicles between Phillips Avenue and Canterbury Road. 

Development in the vicinity of the site on Canterbury Road consists of older style two storey 

buildings generally containing ground floor shops and first floor residences. 

Page 134




Surrounding commercial activities predominantly consist of specialised business or bulky 

goods retailing activities. 

To the immediate west of the subject site (which is the other half of the existing attached two 

storey building) is a two storey residence. Further west of the site (273 and 275 Canterbury 

Road) are existing two storey buildings containing ground floor commercial uses and first 

floor residence. Properties at 277-289 Canterbury Road inclusive each contain single storey 

dwellings. 

Opposite the subject site on Canterbury Road is an equipment hire centre, an appliance spare 

parts use and a service station. To the rear of the site in Phillips Street are existing residential 

developments. It is noted that to the east of Phillips Ave, the precinct is undergoing 

significant increases in residential density. 

Proposal 

The applicant is seeking permission to continue the use of the existing premises as a brothel in 

conjunction with the existing approved use for chinese massage. 

The facility is proposed to be operated by a maximum of three staff (two sex workers and one 

manager/receptionist) between the hours of 9.00am and 7.00pm, Monday to Saturday. The 

operations will be confined to the ground floor and will utilise a maximum three client rooms 

for the purpose of massage and prostitution. It will also have a waiting room, a staff room, 

kitchen facilities and a laundry with amenity facilities. The first floor will continue being used 

as a residence for the operator of the establishment. 

The development proposed is the same as that previously approved under Development 

Consent 309/2009 by Commissioner Hussey of the NSW Land and Environment Court on 22 

April 2010. 

Page 135




Customer access to the premises will remain via an existing doorway that fronts Canterbury 

Road. This access point is equipped with an external video camera that allows for the entrance 

to be monitored from the premises office. 

Vehicular access to off-street parking will be via Clunes Lane at the rear of the site. A total of 

three off-street car spaces are proposed. 

The Statement of Environmental Effects that accompanies the application states that it is 

anticipated that 15 to 25 customers will visit the premises on a daily basis. 






• Canterbury Local Environmental Plan 138: Canterbury Precinct 



• Development Control Plan 23 - The Control of Development Legalised by State 

Government under the Disorderly Houses Amendment Act 1995 (DCP 23) 

• Development Control Plan 29 - Crime Prevention Through Environmental Design 

(DCP 29) 


Assessment 



• Canterbury Local Environmental Plan 148 (Campsie Precinct) 

The subject site is zoned Specialised Business 3(f) under the provisions of Canterbury 

Local Environmental Plan 148 – Campsie Precinct where the proposed development, 

defined as ‘office premises’, is permissible with our development consent. 

The LEP also contains specific zone objectives, which for the Specialised Business 

3(f) zone are to achieve: 

(a) Office development which provides for employment and economic growth of 

the area which serve a regional or specialised demand and do not detrimentally 

affect the amenity of residential areas. 

(b) Development that does not significantly compete with, or detract from, existing 

retail centres in the area. 

The proposed use is consistent with the land use objectives in that the development 

will contribute to employment and economic development of the area. 


On 26 July 2012 , Draft LEP 2012 was adopted by Council and is an instrument to 

consider under Section 79C (1)(a)(ii) of the Environmental Planning and Assessment 

Act. The broad controls applicable to this application are: 

Page 136





Zoning B5 Business Development Sex services premises prohibited No 




DCP 20 states that brothels in commercial areas (other than major commercial areas) 

must provide one off-street car parking space per employee. Based upon the 

information provided, three employees will be working at the site, thus generating a 

need for three off-street car parking spaces at the site. 

A total of three stacked off-street car parking spaces are provided at the site. As such, 

the proposed development provides sufficient car parking to meet the requirements of 

our Code. 

• Development Control Plan 23 – The Control of Development Legalised by State 

Government under the Disorderly Houses Amendment Act 1995, Brothel Code 

(DCP 23) 

DCP 23 applies to all brothel developments within the Canterbury Local Government 

Area. The application has been assessed against the requirements of this DCP and 

compares to DCP 23 as follows: 


Location A brothel must not be located The subject site is located within 100m No 

within 100m walking distance of walking distance to residentially zoned 

any residentially zoned property properties in Phillips Avenue. 

The premises’ entrance is located 

approximately 53 metres from the 

nearest residentially zoned property in 

Phillips Avenue. 

A brothel should not be located The subject premises is located within No 

within 200m walking distance of 200 metres walking distance of various 

any place of public worship, sensitive land uses including a bus stop 

school, community facility, child in Wonga Street (approximately 160 

care centre, bus stop, railway metres from the subject premises), the 

station, taxi stand or any place United Church Fijian Parish located at 

regularly frequented by children for 301 and 301A Canterbury Road 

recreation or cultural pursuits (approximately 180 metres from the 

subject premises) and eastern end of 

Tasker Park (approximately 130 metres 

from the subject premises). 

Brothels must not contain more The section of the building to be used Yes 

than six rooms, including client for the brothel operations contains six 

rooms, office and reception rooms. rooms on the ground floor, consisting of 

three client rooms, 2 waiting rooms and 

a staff room. 

Page 137





Car Brothels in commercial areas (other Three stacked off-street car parking Yes 

Parking than major commercial areas) must spaces are provided at the rear of the 

provide one car parking space per 

person working on the site. 

The applicant has advised that the 

development is operated by three 

staff (two sex workers and one 

manager/receptionist) therefore 

generating the need for three offstreet 

car parking spaces. 

site. 

Signage One discreet sign per premises No upgrading or alterations to existing Yes 

having a maximum area of 0.5sq.m. signage is proposed. 

Wording on the sign must be Existing signage consists of a 2 signs on 

limited to the trade name and the the front of the building (facing 

address of the premises. Signage Canterbury Road) reading ‘269’. A sign 

must not interfere with the amenity is also present on the Phillips Street 

of the neighbourhood. 

elevation directing customers to use the 

premises front door located on the 

buildings Canterbury Road elevation. 

As indicated in the above table, the proposed development fails to comply with certain 

numerical requirements of DCP 23. 

As previously mentioned, on 9 August 2007 our City Development Committee refused 

Development Application 297/2007 for the use of the subject premises as a brothel in 

conjunction with the existing approved use for Chinese massage, which is the same 

use as that being proposed under the subject application. 

The determination of Development Application 297/2007 formed the subject of a 

Class 1 Appeal (Bruce Fowler and anon v Canterbury City Council [2008] 

NSWLEC1146) and on 23 April 2008 Commissioner Brown of the NSW Land and 

Environment Court recommended that the appeal be upheld. Commissioner Brown’s 

judgement noted that with regard to locating a brothel; 

“A brothel could not be said to be inappropriately located simply because it 

was within the 100m separation distance. To give proper consideration to cl 4[of 

DCP 23], the potential impact on the amenity of residential occupancies 

…need[s] to be considered notwithstanding a breach of the separation 

requirement” (Bruce Fowler and anon v Canterbury City Council [2008] 

NSWLEC1146: par. 17). 

In this regard, when determining whether the location is acceptable it is important to 

consider the nature of the amenity impacts associated with the proposed use and 

whether these impacts can be adequately mitigated or whether greater proximity is 

required in order to minimise these impacts. 

Commissioner Brown’s judgement further noted that the location being considered for 

the proposed use is acceptable given that; 

Page 138




“the site is a reasonable distance from residential properties and could be 

described as discrete, sensitively located and not prominent within the 

community despite the location of residential properties in Phillips Avenue. 

Without specific knowledge, there is no indication that the site is used as a 

brothel from the residential properties in Phillips Avenue. The operation is 

small scale, signage will be discrete, all activity is centred on the Canterbury 

Road frontage and the rear car parking area is screened from Phillips Avenue 

and Clunes Lane (except when the gates are open to allow access to the car 

parking area) (Bruce Fowler and anon v Canterbury City Council [2008] 

NSWLEC1146: par. 22).” 

In determining DA-309/2009, the City Development Committee adhered to the 

numerical requirements of DCP 23. However, in considering the appeal to the Land 

and Environment Court (NSWLEC 1089), Commissioner Hussey agreed with 

Commissioner Brown’s judgement and approved the proposal for a period of three 

years. 

The location of the premises, the building and operations proposed remain the same as 

that approved under Development Consent 297/2007 and 309/2009. Given the nature 

of the objections and complaints received in relation to the application it would appear 

that the location is appropriate for the use proposed. 



The development application has also been assessed against the relevant components 

of our DCP 29 - Crime Prevention through Environmental Design. The DCP aims to 

provide practical solutions to minimise crime opportunities by encouraging 

development which satisfies principles such as natural surveillance, access control and 

ownership. The application has been assessed against the requirements of this DCP 

and compares to DCP 29 as follows: 


Natural Avoid blind corners. Provide natural Natural surveillance provided Yes 

Surveillance surveillance for public/ communal areas. for public areas. The entrance 

Clearly visible entries. Entrances, exits, to the premises on Canterbury 

service areas and car parking should be Road and is clearly visible and 

well lit. 

well lit. 

Access 

Control 

Prevent unintended access. Use security 

hardware. 

Ownership Create a ‘cared for’ image. Use 

materials which reduce opportunity for 

vandalism. Express a sense of 

ownership and reduce illegitimate use/ 

entry. 

Page 139 

Use of CCTV at site Yes 

No changes to materials on 

façade of development. 

Yes




As illustrated in the table above the proposed development satisfies the requirements 

and related aims and objectives of DCP 29 as it involves the active use of an existing 

commercial tenancy and should not contribute to creating opportunities for additional 

criminal activity. 

It is also noted that the proposed use of this premises has been previously reviewed by 

our Community Safety Officer and a representative from NSW Police Campsie Local 

Area Command who raised no concerns in relation to the proposal from a crime 

prevention perspective. 


A waste management plan was not submitted as part of the Development Application. 

The Plan of Management submitted noted that clinical waste will be collected by a 

clinical waste contractor on a weekly basis. Should the application be supported 

conditions relating to appropriate waste management at the site will be included. 

Other Considerations 

• Land and Environment Court Planning Principles 

The Land and Environment Court adopted a Planning Principle that provides criteria 

for locating brothels. The criteria assesses the suitability of the location by considering 

whether the chosen location is likely to offend the community and/or have adverse 

physical impacts upon the community, whether the brothel is visible from educational 

institutions, places frequented by children and places of worship, proximity of 

proposed brothel to other brothels, whether access to the brothel is discrete and 

whether it is likely to discourage persons from loitering in front of the premises. The 

criteria further noted that when considering the location of brothels, they “should not 

adjoin areas that are zoned residential, or be clearly visible from them. Visibility is 

sometimes a function of distance, but not always” (Martyn v Hornsby Shire Council 

[2004] NSWLEC 614). 

This planning principle was considered as part of the assessment of the Development 

Application 297/2007 and subsequently approved by the Land and Environment 

Court. In the Judgement, the Court found that the application was not inconsistent with 

this planning principle and subsequently granted a 12 month limited consent. 

This principle was again considered by the Court in the appeal to Development 

Application 309/2009 and it was found that the application was not inconsistent with 

the planning principle and subsequently granted a three year limited consent. 

The subject application is essentially the same as that approved by the Court on two 

separate occasions. 

• Complaints Received 

Since the 3 year approval was granted by LEC on 22 April 2010, four complaints have 

been received. These complaints include: 

− 9 July 2010 - Regarding dangerous sexual practices of working staff 

− 20 July 2010 - Relating to construction hours for building works occurring 

within the premises 

Page 140




− 6 October 2010 - Regarding privacy screens which had not been erected 

contrary to conditions of consent. The screens have now been installed. 

− 30 December 2010 - Regarding the premises opening as early as 6.00am and 

on Christmas day. 

The location of the premises, the building and operations proposed remain the same as 

that approved under Development Consent 297/2007 and 309/2009. Given the nature 

of the objections and complaints received in relation to the application it would appear 

that the location is appropriate for the use proposed. However, given that we still 

received complaints during the review period, it would be appropriate that any future 

consent granted be limited in time to a period of three years, which will enable the 

amenity impacts of the proposal to be further monitored. 

Referrals 

• Environmental Health Officer 

The application was referred to our Environmental Health Officer for comment and no 

objection to the proposal was raised. It was recommended that should, the application 

be supported, conditions relating to environmental health be imposed, as included in 

Development Consent 309/2009. 

It was also noted that no complaints been received during the previous eighteen month 

period. 

• Building Surveyor 

The application was referred to our Building Surveyor for comment and no objection 

to the proposed use was raised subject to the imposition of a condition of consent 

relating to fire safety. 

• Disability Access 

The application was not referred to our Disability Access Committee as the proposal 

remained the same as that approved under Development Consent 297/2007 and 

comment was previously sought from the Committee. The upgrade works required to 

achieve compliance with the provisions of the Disability Discrimination Act and 

Australian Standard AS1428.1 were undertaken under the previous consent for the 

site. 

• Community Safety Officer 

The application has previously been reviewed by our Community Safety Officer and a 

representative from NSW Police Campsie Local Area Command. No objection was 

raised in relation to the proposal from a crime prevention perspective. 

Notification 

The proposed development was publicly exhibited and all adjoining owners and occupiers 

notified of the proposed development in accordance with the requirements contained within 

DCP 32 - Notification Policy. During this time, three submissions, including one petition 

with 46 signatures were received, raising the following issues: 

Page 141




• Impacts on suburban life 

Concern has been raised that the existence of the brothel largely impacts on the day to 

day way of life and average expectation of a normal way of life within the suburbs. 

Comment: 

The specifics of how this use reduces the quality of the day to day life has not been 

expanded on by the objector and therefore no further comment can be made, other than 

to clarify that the proposed use is a permissible use within the zone and that no 

complaints have been received by Council during the past eighteen months of 

operation. 

• Location 

Concern has been raised that the subject site is located within close proximity to 

dwellings, a church, skating rink, sports facilities, Tasker Park, Mary Mackillop Park 

and that these areas are frequently visited by school children and the community. 

Comment 

It is acknowledged that there are a number of varying uses surrounding the subject 

site. However, in accordance with the planning principles and prior judgments of the 

Land and Environment Court, the location of the premises is considered to be suitable 

for the proposed use, without impacting unreasonably on the amenity of the area. 

• Traffic 

Concern has been raised that traffic often speeds down Clunes Lane and vehicles are 

parked illegally while attending the subject site. 

Comment 

It is acknowledged that this is a serious issue, however we have not received any prior 

complaints in relation to this matter, nor are we able to substantiate that vehicles 

which speed along Clunes Lane and are parked illegally are associated with the 

proposed use. The matter has been referred to our Traffic Engineer for investigation 

and appropriate action. 

• Behaviour of Clients 

Concern has been raised that clients of the premises have behaved inappropriately by 

urinating in public, loitering, approaching residents and ringing door bells of adjoining 

properties. 

Comment 

While such behaviour is unacceptable, it cannot be substantiated or attributed 

specifically to customers of the subject premises. These issues should be reported to 

NSW Police. 

• Breaches of Conditions of Consent 

Concern has been raised that the brothel has operated in breach of the conditions of 

consent, including the number of sex workers on site and hours of operation. 

Page 142




Comment 

We received a complaint on 30 December 2010 relating to the hours of operation of 

the premises. If the application is approved, hours will be specified through 

conditions of consent which will be enforceable should they be breached. 

• Parking 

Concern has been raised that customers regularly park in front of residential 

properties. 

Comment 

The proposal has been assessed against the requirements of our Car Parking Code and 

as outlined earlier in this report, the proposal complies with the Code. 

Conclusion 



plans, codes and policies. The proposed use of the site fails to comply with various numerical 

controls contained in our relevant development control plans. However the court found on two 

separate occasions that the use was appropriate in this location. Given that we did receive 

some complaints within the review period, it is recommended that a further 3 year limited 

consent be imposed to gauge whether the premises is likely to have adverse impact on the 

amenity of the neighbourhood. 


THAT Development Application 220/2012 be APPROVED subject to the following 

conditions: 

GENERAL 


details received by Council on 18 June 2012, except where amended by the conditions 

specified in this Notice. 

2. Three (3) off-street car spaces being provided in accordance with the submitted plans. 

These car parking spaces shall be adequately sealed, drained and linemarked. 

3. The maximum number of persons working on the premises being limited to three (3) 

consisting of two (2) sex workers and one (1) manager/receptionist on the site at any 

one time. 



5. The hours of operation being confined to between 9.00am and 7.00pm Monday to 

Saturday. 

6. This consent is for a limited period of three (3) years only. 

7. All entry/egress into the premises shall be restricted to the main entrance doorway 

from Canterbury Road with no access from the side entrance door in Phillips Avenue, 

excluding emergency circumstances, or through the rear car parking area. 

8. The manager/operator of the premises shall reside on the premises with the brothel use 

being limited to the ground floor as identified on the approved plans. 

9. To ensure the health and security of workers and to minimise impacts to patrons and 

residents, the premises shall operate strictly in accordance with the Plan of 

Management submitted to Council on 18 June 2012. 

Page 143




10. A sign shall be placed above the doorway along Phillips Avenue directing persons to 

the front entrance on the Canterbury Road frontage of the premises. 

11. Any sign for the subject use shall only include the name of the business, the street 

number and the hours of operation. The sign shall not refer to “brothel” or sex services 

of any kind and shall be located on the Canterbury Road frontage near the entrance to 

the site. Any lighting associated with the use of the premises as a brothel shall be 

switched off after the approved operating times. 

12. Suitable site storage, handling and disposal of waste material arising upon the 

premises. Disposal options may include recycling, removal by private contractor, or 

by Council Trade Waste Services. Further information is available on 9789-9392. 

13. The colourbond fence along the eastern side is to achieve a height of 1.8 metres above 

the Phillips Avenue footpath level. 

14. Screen planting to a minimum height of 2.5 metres is to be provided along the western 

common boundary with 271 Canterbury Road between any outbuildings and the rear 

parking area. 

15. Screen planting is to be provided along the eastern boundary of the rear parking and 

yard area to a minimum height of 2.5 metres. 

16. Annual certification is required for the existing services consisting of Fire door, 

Portable fire extinguishers, fire blanket, exit signs and linked smoke alarms. 

ENVIRONMENTAL HEALTH 

17. NSW Health and WorkCover NSW have developed detailed guidelines known as 

“Health and Safety Guidelines for Brothels Guide 2001” (publication number 120.1E) 

which address the key occupational health and safety responsibilities for those 

involved in the sexual services industry. It is a requirement of Council and the 

responsibility of brothel proprietors and principal sex workers that a full copy of the 

Guidelines is obtained and utilised at the premises. The Guidelines can be obtained 

from WorkCover NSW Ph: 1800 658 134. 

18. The premises shall be maintained in a clean, sanitary condition and kept in a 

satisfactory state of repair at all times. 

19. Clean linen and towels shall be provided for the use of each client. 

20. Adequate receptacles with close fitting lids shall be provided for the separate storage 

of used and clean linen. 

21. The proprietor shall ensure that all linen, towelling and other bed coverings which 

come into contact with clients shall be changed immediately after each use. 

22. The proprietor shall enter into a commercial contract to launder linen or install and use 

a commercial washing machine capable of washing at a temperature of not less than 

70 degrees Celsius. 

23. The proprietor shall supply an adequate supply of condoms, dental dams and water 

based lubricant free of charge for sex workers and their clients. 

24. All hazardous waste including sharps waste shall be stored in an appropriate container 

and disposed of in accordance with the Environmental Protection Authority’s 

requirements. 

25. The proprietor shall provide written information, i.e. pamphlets and brochures for sex 

workers and clients on sexually transmitted infectious diseases in a variety of 

languages including those of any sex worker who has difficulty communicating in 

and/or reading the English language. 

26. The proprietor shall ensure that sex workers receive appropriate induction, are 

adequately trained and continually being provided with updated information to 

examine clients for any visible evidence of sexually transmitted diseases, and that 

Page 144




examinations are conducted before any sexual contact. 

27. That the premises shall be provided with artificial lighting to provide a level of 

illumination appropriate to the function or use of the building/ spaces to enable safe 

use and movement to occupants in accordance with Part F4 of the National 

Construction Code. 

28. The proprietor shall ensure that all sex workers undertake regular health check-ups. 

Note: The proprietor’s attention is drawn to the provisions of Section 13 of the Public 

Health Act 1991, which makes it an offence to knowingly permit sex workers 

suffering from a sexually transmissible disease to have sexual intercourse with other 

persons unless the client has been informed of the risk and voluntarily agrees to accept 

the risk. 

29. Adequate sanitary facilities shall be provided for the use of both sex workers and 

clients. 

30. Each working room is to be provided with a panic buzzer. 

31. All required wash hand basins shall be provided with an adequate supply of potable 

warm water under mains pressure, mixed through a common outlet. 

32. Skin penetration activities as defined by the Public Health Regulation 2000, shall not 

be conducted on the premises without the prior approval of Council. 

33. The lighting system being appropriately zoned to facilitate cleaning of rooms, 

cubicles, booths or the like during times when the premises is commercially open. 

34. Adequate facilities shall be provided for the disposal of used condoms, soiled paper 

and other waste products of sexual activity in all rooms, cubicles, booths or the like 

where sexual activity occurs. 

35. Equipment which cannot tolerate immersion must be cleaned by wiping with detergent 

and water and then disinfected by wiping with either a solution of one part bleach to 

two parts water or 70% alcohol, rinsed and allowed to dry prior to use. Cleaning and 

disinfection should be compatible with the manufacturer’s instructions. 

36. The lighting to all rooms, cubicles, booths or the like shall be fitted with user 

adjustable dimmer switches or the like to assist safe sexual practices. 

37. The proprietor shall, whilst the premises are operating, regularly change coverings 

used on beds, furnishings or the like. 

38. The proprietor shall, whilst the premises are operating, immediately change any 

coverings used on beds, furnishings or the like that are visibly stained with body 

fluids. 


39. Compliance with the National Construction Code does not guarantee protection from 



199. 






Planning and Assessment Act 1979. A request for review must be made within 

6 months of the date of this Notice of Determination and be accompanied by 

the relevant fee; or 

Page 145








The Independent Hearing and Assessment Panel considered the application on 2 October 




amendments: 


“Three (3) off-street car parking spaces are to be provided in 

accordance with the submitted plan. These car parking spaces must: 

(a) be clear of all obstructions to enable their use at all times the 

brothel is operating 

(b) be used only by the occupiers and the staff of the premises, and 

(c) be adequately sealed, drained and linemarked.” 


“The following signs must be erected: 

(a) above the door along Phillips Avenue directing persons to the 

front entrance on the Canterbury Road frontage (minimum size 

400mm x 300mm) 

(b) on or adjacent to the roller shutter in the Clunes Lanes directing 

patrons to the front entrance on the Canterbury Road frontage of 

the premises (maximum size 400mm x 300mm). 

(c) at the Canterbury Road frontage which is to only include the 

name of the business, street number and hours of operation. 

This sign shall not refer to “brothel” or sex services of any 

kind.” 


“The signs in condition 10 above must be discretely lit and the signage 

lighting associated with the premises shall be switched off after the 

approved operating hours. There must be no illuminated or neon 

signage.” 



spp, to the satisfaction of Council) to create a continuous hedge at a 

maximum height of 2.5 metres is to be provided on the western 

common boundary of 271 Canterbury Road between any outbuildings 

and the rear parking area.” 



spp, to the satisfaction of Council) to a maximum height of 2.5 metres 

to create a continuous hedge is to be provided along the eastern 

boundary of the rear parking and yard area.” 

Page 146



WAREHOUSE AND CONSTRUCTION OF SIX STOREY 

RESIDENTIAL FLAT BUILDING CONTAINING 47 

APARTMENTS WITH BASEMENT CAR PARKING 

FILE NO: 126/4D PT 2, 3 & 4 


WARD: EAST 


Applicant: 

Owner: 

Heaven Meets Earth Pty Ltd 

Mrs Despina Tahatos 

Zoning: Residential 2(c) under the provisions of Canterbury Local 

Environmental Plan No. 138 – Canterbury Precinct 

Application Date: 24 January 2012 (additional information provided 26 June 2012 

and 17 September 2012) 

Summary: 

• It is proposed to demolish the existing structures on site and the construct a new six 

storey residential flat building containing 47 apartments with basement level car 

parking at the abovementioned property. 

• The subject site is zoned Residential 2(c) under the relevant provisions of Canterbury 

Local Environmental Plan 138. The proposed development, defined as ‘multiple unit 




with these requirements. Issues of non-compliance are discussed in the body of the 

report. 

• The development application has been notified/advertised in accordance with the 

requirements of our Development Control Plan 32 – Notification Policy, during which 

time 17 submissions, including one petition with 48 signatures were received. Issues 

raised include effect on surrounding area, noise, pollution, traffic/street access, 

parking, disturbance of natural habitats, privacy, character of the area, density, public 

transport, overshadowing, crime, infrastructure and disturbance during construction. 

These matters are discussed in the body of the report. 


conditions. 



amendments. 

Council Delivery Plan and Budget Implications: 



Page 147


4 BROUGHTON STREET, CANTERBURY: DEMOLITION OF WAREHOUSE AND CONSTRUCTION OF SIX 

STOREY RESIDENTIAL FLAT BUILDING CONTAINING 47 APARTMENTS WITH BASEMENT CAR PARKING 

(CONT.) 

Report: 

Site Details 

The subject site is located on the western side of Broughton Street between Robert Street and 

John Street at Canterbury. The property has a frontage to Broughton Street of 38.16 metres, a 

south-east side boundary length of 37.45 metres, a north-west boundary length of 47.81 

metres, a rear boundary length of 39.45 metres and a total land area of 1627 square metres. 

The site is adjoined at the rear by the Bankstown Rail Line, to the north by an industrial 

development which is the subject of a current Development Application for a residential flat 

development, to the south by an industrial development. The eastern side of Broughton Street 

consists of single dwellings and a residential flat building. An industrial building exists on the 

site, which has been used as a workshop and warehouse. 

Proposal 

It is proposed to demolish the existing single storey brick warehouse building on the subject 

site and construct a new six storey residential flat building containing 47 apartments, being 17 

one bedroom units and 30 two bedroom units. There will be between seven and nine units on 

each floor. The proposal is six storeys in height and includes two levels of basement parking 

providing 65 car parking spaces, car wash bay and loading/unloading area. 






• State Environmental Planning Policy (Infrastructure) 2007 


Development 

• State Environmental Planning Policy 2004 – BASIX 

Page 148




(CONT.) 



• Canterbury Development Control Plan 20 – Car Parking (DCP 20) 

• Canterbury Development Control Plan 29 – Crime Prevention Through Environmental 


• Canterbury Development Control Plan 37 – Energy Smart Homes (DCP 37) 

• Canterbury Development Control Plan 45 – Landscaping (DCP 45) 

• Canterbury Development Control Plan 48 – Waste Management (DCP 48) 

• Canterbury Development Control Plan 55 – Canterbury Town Centre & Riverfront 

Precinct (DCP 55) 

• Stormwater Management Manual – Specification 9 ‘A Guide to Stormwater Drainage 

Design’ 

• Development Contributions Plan - Canterbury Town Centre and Riverfront Precinct. 

Assessment 




In accordance with Clause 86 of the SEPP, the proposal was referred to RailCorp for 

its consideration. On 26 April 2012 RailCorp granted its concurrence to the proposal, 

subject to a number of conditions, which have been included within the 



Development 


under SEPP 65 and therefore requires assessment under the provisions of the SEPP. 

The policy aims to improve the design quality of new residential flat buildings in New 

South Wales by addressing specific design criteria. 

The development application has been accompanied by a detailed Design Verification 

Statement, prepared by the registered architect for the project, which addresses the 

proposal against the ten design principals and an assessment of the proposal against 

those matters contained within the ‘Better Design Practice’ provisions and suggested 

‘Rules of Thumb’. The following provides a discussion of the proposal against the 

SEPP 65 Principles together with commentary on those matters where strict 

compliance with the ‘Rules of Thumb’ is not achieved. 

Context 

The residential flat development is consistent with the future character of the area and 

is a permissible use within the zone. Higher density residential development will be a 

characteristic of the area. 

Page 149




(CONT.) 

Scale 


development which is encouraged for this area. The development achieves this by 

generally complying with the height plane and building envelope plans of Canterbury 

Local Environmental Plan 138 – Canterbury Precinct and Canterbury Town Centre 

and Riverfront Development Control Plan (DCP 55). 

Built Form 

The proposal achieves the built form objectives of the relevant Codes and Policies and 

is consistent with developments being proposed on adjoining properties. 

Density 

The proposed development has been designed to achieve the aims and objectives of 

the built form controls of DCP 55 and therefore represents an appropriate density for 

the site. 


The applicant has submitted a BASIX Certificate for the proposal, which demonstrates 

the proposal is satisfactory in terms of energy efficiency. 

Landscape 

A landscape plan, prepared in accordance with Council’s Development Control Plan 

45 – Landscape has been provided and demonstrates a satisfactory landscaped area 

will be provided which includes significant common open space areas at ground level. 

Amenity 

The proposal achieves a satisfactory residential amenity with reasonable room size and 

shape, along with access to natural light and ventilation. 


The proposal has been reviewed in accordance with our Crime Prevention Through 

Environmental Design Policy (DCP 29) and is acceptable as it maintains natural 

surveillance, provides clear sight lines and has adequate security measures. 


The proposed residential flat development will add to the range of dwelling size 

options and optimise the provision of housing to suit social mix. 

Aesthetics 

The design of the proposal in terms of building envelope and building lines is 

consistent with the objectives of DCP 55 and with the desired character of the area. 

The applicant has submitted a statement from the project architect, CMT Architects, 

which details the development's compliance with the design principles of the SEPP. In 

particular the scale, density, and built form of the development are appropriate to 

create an attractive and vibrant residential environment. The individual apartments 

provide a reasonable level of amenity for occupants. 

Page 150




(CONT.) 




A BASIX Certificate (Certificate No.407072M) accompanies the development 

application and lists a variety of commitments that are to be incorporated into the 

overall design of the project. 

The necessary commitments have been included on the architectural drawings where 

required, meet the water, energy and thermal comfort targets and satisfy the 

requirements of the SEPP. 

• Canterbury Local Environmental Plan 138 (Canterbury Precinct) 


138: Canterbury Precinct (CLEP138). The proposal is defined under CLEP 138 as 

multiple unit housing and is a permissible use within the zone. The proposal complies 

with the development standards of CLEP 138, as outlined in the table below: 


Height 21 metres 20.4 metres max Yes 

FSR 2.5:1 2.5:1 Yes 

As demonstrated in the table above, the proposal complies with the development 

standards of CLEP 138. 


On 26 July 2012, Draft Canterbury Local Environmental Plan 2012 was adopted by 

Council and is an instrument to consider under Section 79C (1)(a)(ii) of the 

Environmental Planning and Assessment Act. The broad controls applicable to this 

application are: 


Zoning R4 High Density The proposed development is defined as a ‘residential Yes 

Residential flat building’ which is permissible with development 

consent 

Height 21 metres 20.4 metres Yes 

FSR 2.5:1 2.5:1 Yes 







Multiple Unit 1 space per 1 bed dwelling 

55 Yes 

Development 1.2 space per 2 bed dwelling 


Page 151




(CONT.) 


Visitor Parking 1 space per 5 dwellings = 9 spaces 10 Yes 

Car Wash Bay 1 space 1 space Yes 

Bicycle Spaces 14 14 Yes 

The proposed development has been assessed against the requirements of DCP 20 and 

complies in terms of the dimensions of car spaces, aisle widths, driveway width and 

ramp grade. 




Council’s Development Control Plan 29 – Crime Prevention Through Environmental 

Design (DCP 29), which aims to promote design as a genuine crime prevention 

strategy through three main principles, namely natural surveillance, access control and 

ownership. 


Site and Address the street, or both The building and dwellings are Yes 

Building streets and corners 

orientated toward Broughton Street 

Layout 

which achieves natural surveillance 


windows at front of dwellings ensure windows front Broughton 

Street 

Access Access to the individual units Each individual entry is to be clearly Yes 

Control be clearly marked and numbered with the dwellings 

apparent to visitors 

accessible through that entry. 

Install intercom, code or card Intercoms and controlled access Yes 

locks or similar to main entries measures to be installed at building 

to buildings, including car entry points, including basement car 

parks 

park. 

Main entry door to be self Main entry doors are to be self closing. Yes 

closing 

Condition of consent recommended. 

Ownership Dwellings and communal Sense of ownership achieved through Yes 

areas to provide sense of the use of design features, including 

ownership 

landscaping, building materials and 

site layout. 


surveillance pathways, stairwells, hallways 

and car parks. 

corners. 

Minimise That concealment points be The proposal eliminates concealment Yes 

concealment 

points 

eliminated. 

points by controlling access to the site. 

As demonstrated in the above table, and reinforced by way of the appropriate 

conditions, the proposed development will satisfy the crime prevention objectives of 

the DCP. It is also noted that the development application was referred to Council’s 

Crime Prevention Officer, who in association with the NSW Police, Campsie Local 

Area Command has advised that no objections are raised to the proposed development 

from a crime prevention perspective. A number of conditions have been recommended 

to be imposed on any consent issued. 

Page 152




(CONT.) 






2 hours solar access to 50% or 35m2 Development provides the opportunity for a Yes 

(Whichever is the lesser) of adjoining minimum of 2 hours solar access to all 

ground floor private open space between areas of private open space between 9.00am 

9.00am and 3.00pm on June 21. 

and 3.00pm on 21 June for future 

residential developments 

One living room window (of the adjoining The proposal allows the opportunity for Yes 

property) is to receive 2 hours sunlight future residential developments to receive 2 

between 9am and 3pm on June 21. hours sunlight between 9am and 3pm on 

June 21 to living room windows. 

As demonstrated in the table above, the proposal complies with the solar access 



The proposed development has been assessed against the provisions of Canterbury 

Development Control Plan 45 – Landscaping. Council’s Landscape Architect is 

satisfied with the landscape proposal on the subject site and has recommended that a 

number of landscape related conditions be imposed should the application be 

approved. This will require that a number of trees which are removed to accommodate 

the development be replaced with suitable species. 



Development Control Plan 48 – Waste Management (DCP 48). The DCP requires 

consideration of the design and location of waste management facilities on site. 

The development application and associated documentation, including Waste 

Management Plan were referred to our Waste Services Coordinator for comment. A 

condition of consent has been recommended, requiring that the bulk storage area be 

relocated to the south western area of the garbage room. This will allow bins to be 

transported to the kerb for collection with more efficiency. The proposed 

development, subject to this condition is acceptable in terms of DCP 48. A condition 

of consent has been recommended to ensure that the appropriate number of bins can be 

accommodated within the bin presentation area. 

• Development Control Plan 55 – Canterbury Town Centre & Riverfront Precinct 

(DCP 55) 

The proposed development has been assessed in accordance with Private Domain 

requirements of DCP 55 and compares with the criteria of the Code, as outlined in the 

table below: 

Page 153




(CONT.) 


Site 

2 and 4 Broughton Street to be Applicant has followed principles No 

Amalgamation amalgamated for redevelopment of the Land and Environment Court 

in demonstrating that reasonable 

attempts have been made to 

amalgamate the sites which has not 

been achieved. This is further 

addressed below. 

Orientation Position and orientate buildings Building is orientated in accordance Yes 

to maximise north facing walls with the building envelope control 

of DCP 55. 

Provide adequate building Adequate building separation Yes 

separation within the 

provided to ensure the development 

development and to adjacent proposed on adjoining property 

buildings 

achieves solar access and 

ventilation requirements. 

Align buildings to the street on Building aligns to required setback Yes 

the east west frontages 

on Broughton Street 

Use courtyards, L Shaped Courtyards provided on ground Yes 

configurations and increased level and communal open space 

setbacks to northern boundaries area located to maximise solar 

on north-south streets. 

access 

Optimise solar access to living Where possible, living areas are Yes 

spaces by orientating them to the 

north where possible 

orientated to the north. 

Building Entry Locating entries so they relate to Accesses are designed to relate to Yes 

and Pedestrian the existing street and 

the pedestrian access network from 

Access subdivision pattern, street tree 

planting and pedestrian access 

network. 


Designing the entry as a clearly Main entrance is a clearly 

Yes 

identifiable element of the 

building in the street. 

identifiable from Broughton Street 

Designing multiple entries that Multiple entries provided with a Yes 

include main common entry plus main entrance being provided from 

separate private ground floor 

apartment entries where it is 

desirable to activate the street 

edge or reinforce a rhythm along 

the street. 


Ensure equal access for all. Development to comply with the 

Premises Standard. Ramp provided 

at main entrance point and 

circulation is maintained 

throughout the site. 

Yes 

Page 154




(CONT.) 


Provide safe and secure access All access points are safe and Yes 

that includes clear sight lines secure, providing adequate sight 

between one circulation space to distances/visibility. A condition is 

the next and adequate well lit proposed to be imposed regarding 

and highly visible spaces to 

enter the building, meet and 

collect mail. 

the installation of letter boxes 

Separate the entry points for Separate entrance points provided Yes 

pedestrians and vehicles. for pedestrians and vehicles. 

Integrate vehicular ramps where Ramp to basement is integrated into Yes 

necessary into the overall 

landscape and building design to 

the rear or side streets where 

possible. 

the design 

Design entries and associated Sufficient space provided for the Yes 

spaces appropriately for the transporting of furniture. 

transporting of furniture. Loading/unloading area provided 

within basement. 

Provide and design for 

Mailboxes are appropriately Yes 

discretely located mailboxes that screened from public domain areas 

do not cause a visual blight and will comply with Australia Post 

when viewed from outside. Design Standards. 

Design ground floor apartments Ground floor apartments have Yes 

to be accessible from the street private open spaces. Individual 

and to have clearly articulated entrances to ground floor 

private open spaces associated apartments provided where 

with these apartments. 

possible, which assists in providing 

desired streetscape. 

Provide boundary definition by Boundary definition provided Yes 

construction of an open fence or through landscaping and courtyard 

hedge to the street boundary elements. 

Provide quality accessible routes Accessible pedestrian routes Yes 

to public and semi public areas throughout development are 

including entries, lobbies, 


facilities, - carparks, etc. 

provided. 

Vehicle Ensure that pedestrian safety is Vehicular entrance and pedestrian Yes 

Access maintained by minimising the 

potential for vehicular and 

pedestrian conflict. 

paths are separated. 

Ensure adequate separation Entrance to basement is located to Yes 

between vehicle entries and the southern side of the site, as per 

street intersections. 

driveway location requirement of 

DCP 55. 

Optimise opportunities for 

active street frontages and 

streetscape design 

Contributes to desired streetscape Yes 

Improve the appearance of car Entrance to basement is integrated Yes 

parking and service entries into the overall design 

Page 155




(CONT.) 


Parking and Parking to be in basement with Basement parking proposed with Yes 

Servicing entrance located at southern end basement entrance at northern end 

of site 

of site 

Limit the number of visitor All car parking provided within Yes 

parking spaces on-site, 

particularly in small 

developments where the impact 

on landscape and open space is 

significant. 

basement. 

Provide underground parking 

where possible. 

Basement provided Yes 

A basement podium should not 

protrude more than 1.5m above 

existing ground level or natural 

terrain except where it forms a 

barrier to 1:100 year flood 

events (in which case it may 

protrude to the 1:100 year flood 

level +0.5m). 

1 metre max Yes 

Ensure resident/visitor parking Lift access provided to all levels of Yes 

has safe and efficient lift access. basement parking 

Provide secure bicycle parking Bicycle parking provided within Yes 

which is easily accessible from basement and is easily accessible to 

ground level, from apartments 

and other uses. 

all residents 

Deep Soil A minimum of 15 percent of the 13.3% (54 sqm) of the required No 

Zones communal open space area of a communal open space area to be 

site (61.6 sqm), with minimum deep soil zone. This is further 

dimension of 3m, is to be a deep 

soil zone. 

discussed below. 

Optimise the provision of Large portion of deep soil zone Yes 

consolidated deep soil zones provided along north western 

within Urban Residential by the 

design of basement and subbasement 

car parking within the 

building footprint and the use of 

setbacks where possible. 

boundary 

Optimise the extent of deep soil Deep soil zone provided along rear Yes 

zones beyond the site 

boundary which will adjoin deep 

boundaries by locating them 

contiguous with the deep soil 

zones of adjacent properties 


soil zones of adjoining sites 

Promote landscape health by Landscaping provides variety in Yes 

supporting a rich variety of 

vegetation type and size. 

terms of vegetation type. 

Increase the permeability of 

paved areas by limiting the area 

of paving and/or using pervious 

paving materials. 

Paving is limited where possible. Yes 

Page 156




(CONT.) 


Planting on Design planters to support the Proposed landscaping/plantings is Yes 

Structures appropriate soil depth and plant 

selection 

suitable to soil depths. 

Stormwater Reduce the impact of 

On-site detention provided where Yes 

Management stormwater volumes on existing 

infrastructure by providing onsite 

detention and retention 


possible. 

Protect stormwater quality Stormwater quality is protected. 

Adequate methods of treatment, 

including biofiltration provided. 

Yes 

Communal In the case of sole residential 25.3% of site area (410.91 square Yes 

Open Space usage, provide communal open metres) provided as communal 

space at a minimum of 25 

percent of the site area (406.75 

sqm). If this cannot be achieved, 

demonstrate that residential 

amenity is improved in the form 

of increased private open space. 

open space 

Facilitate the use of communal Communal open space designed to Yes 

open space for the desired range be functional and provide area for 

of activities 

passive recreation. 

Private Open Provide a minimum area of 

Space 25m 2 18.8m 

private open space for 

each apartment at ground or 

podium level; the minimum 

dimension in any one direction 

is 4 metres. 

2 provided for G.05, all other 

apartments achieve 25m 2 No 

. This is 

further addressed below. 

Provide private open space for Areas of private open space Yes 

each apartment capable of enhance the amenity of each 

enhancing residential amenity, 

in the form of balcony, deck, 

terrace, garden, yard, courtyard 

and/or roof terrace. 

dwelling 

Provide private open space in a 

form of balcony terrace or 

similar with a minimum of 8m 2 

or 10m 2 Minimum private open space area Yes 

(depends on dwelling 

size) with a minimum dimension 

of 2m. 

and dimensions achieved. 

Landscape Improve the amenity of open Landscaped open space provides a Yes 

Design space with landscape design reasonable level of amenity 

Improve the energy efficiency Landscaping contributes to the Yes 

and solar efficiency of dwellings energy efficiency of the overall 

and the microclimate of private development and allows maximum 

open spaces. 

solar access to private open space 

areas and dwellings. 

Design landscape which Landscaping is designed to reflect Yes 

contributes to the site’s the sites location and provides a 

particular and positive 

characteristics. 

buffer to the rail line 

Page 157




(CONT.) 


Contribute to water and storm Landscaping includes stormwater Yes 

water efficiency by integrating 

landscape design with water and 

stormwater management. 

management controls 

Provide a sufficient depth of soil Landscaping is appropriate to soil Yes 

above paving slabs to enable 

growth of mature trees. 

depths. 

Minimise maintenance by using Landscaping designed to minimise Yes 

robust landscape elements. maintenance 

Fences and Respond to the identified Walls provide clear definition of Yes 

Walls architectural character for the private verse public areas. 

street and/or the area. Generally Provision has been made for 

the front fence height to be 1.2 articulation within the walls/fencing 

metres 

to achieve desired streetscape while 

maintaining privacy to ground level 

private open space areas. Front 

fence height generally 1.2 metres 

Clearly delineate the private and Walls provide clear definition of Yes 

public domain without 

private verse public areas. Proposal 

compromising safety and 

security 

complies with CPTED principles. 

Contribute to the amenity, Proposal contributes to the amenity Yes 

beauty and useability of private and beauty of open space areas 

and communal open spaces through the use of terraces and 

links to the open space areas 

Retain and enhance the amenity The amenity of the public domain Yes 

of the public domain 

is enhanced through the proposed 

design and public domain works 

which will be undertaken as a result 

of this development 

Visual Privacy Locate and orient new 

Proposal is orientated as per the Yes 

development to maximise visual building envelope requirements of 

privacy between buildings on DCP 55, which maximises privacy 

site and adjacent buildings between buildings. 

Design building layouts to Building layout provides privacy to Yes 

minimise direct overlooking of 


adjacent to apartments 

areas of private open space 

Use detailed site and building Privacy is achieved through Yes 

design elements to increase building layout and orientation, as 

privacy without compromising established by DCP 55. This does 

access to light and air. 

not impact on solar access 

Safety Reinforce the development Proposal clearly defines boundaries Yes 

boundary to strengthen the between public and private domain 

distinction between private and areas. This is achieved through 

communal space. This can be level changes, materials and 

actual or symbolic. 

controlled access 

Optimise the visibility, Entrance to the development from Yes 

functionality and safety of Broughton Street to be visible and 

building entrances 

functional 

Page 158




(CONT.) 


Improve the opportunities for Proposal encourages the use of the Yes 

casual surveillance 

communal open space area, which 

increases casual surveillance within 

the development. Development 

also provides natural surveillance to 


Minimise opportunities for Proposal is designed with minimal Yes 

concealment 

concealment points. 

Control access to the 

Access to the development is to be Yes 

development 

controlled via security access 

system. 

Building Building to front Broughton Proposal fronts Broughton Street Yes 

Envelope Street with open space adjoining and open space areas located 

rail line 

toward rail line 

Building 

Height 

6 storeys 6 storeys Yes 

Building 

Depth 

18 metres 16 metre max building depth Yes 

Building Up to 4 storeys = 12m min Proposal has a side setback of 3 No 

Separation Over 5 storeys = 18m 

metres for walls with windows/ up 

to 6 storeys on northern side. Zero 

metres on southern side. This will 

be discussed in the report below. 

Street Setback Built to site boundary Garden setback proposed with wall 

provided at boundary 

Yes 

Floor Space 

Ratio 

2.5:1 2.5:1 Yes 

Building Provide a variety of apartment Proposal includes a range of Yes 

Configuration types including studio, one, two, apartment types, including one 

three and three plus-bedroom bedroom, two bedroom and two 

apartments. 

bedroom + study 

Locate a mix of accessible one-, One and Two bedroom dwellings Yes 

two- and three-bedroom 

apartments on the ground level 

for people with disabilities, 

elderly people and families with 

children. 

located on the ground floor 

10% of residential units in each 5 units (10%) are adaptable and Yes 

building with more than 30 units Condition 1.1 requires these 

should be accessible and apartments to comply with the 

adaptable apartments. 

Premises Standard. 

Façade Compose facades with an Façade provides an appropriate Yes 

Treatment appropriate scale, rhythm and scale and contributes to the desired 

proportion which respond to the character. Proposal achieves this 

building’s use and the desired through use of articulation and 

contextual character 

variation in materials 

Design facades to reflect the Facades reflect orientation of Yes 

orientation of the site using building. Proposal maximises solar 

elements such as sun shading 

devices, light shelves and bay 

windows. 

aspect. 

Page 159




(CONT.) 


Co-ordinate and integrate Building services coordinated into Yes 

building services, such as 

drainage pipes, with overall 

façade and balcony design. 

façade. 

Co-ordinate security 

Security grills/screens, ventilation Yes 

grills/screens, ventilation louvres and carpark entry doors are 

louvres and carpark entry doors designed so as to maintain the 

with the overall façade design. façade design. 

Integrate the design of garage Basement entrance is located as per Yes 

entries with the building façade parking and servicing requirements 

design, locating them on 

secondary streets where 

possible. 

of DCP 55 

Articulation Buildings should generally have Buildings achieve a street façade, Yes 

a street facade: base, middle and base, middle and upper through the 

top. 

use of articulation and changes in 

materials. 

The design of the street facade, The street façade is emphasised Yes 

including the quality and through modulation with particular 

durability of its materials, emphasis on depth. Materials of a 

should be emphasised. 

high quality and are durable 

The street facade will in all Vertical emphasis is provided with Yes 

cases have a strong sense of appropriate modulation through the 

verticality, emphasised on the use of varying materials and 

ground floor by modulation at 

intervals of 6-8 metres with 

some variation. Frontage types 

and other ground floor 

treatments are dealt with 

subsequently. Modulation above 

the ground floor, however, may 

take the form of party walls, 

small bays, as well as variations 

in materials and colours. 

external finishes 

The street facade modules Street façade is not read as a Yes 

should have some variation in continuous line due to modulation 

height and not be read as a 

continuous line on any one 

street. They will vary between 

2-4 storeys, step-back to the 

‘middle’ component and again 

at the ‘top’. 

and vertical elements. 

A visual finish using expressed The design of the building creates Yes 

eaves, cornice or parapet 

elements with shadow lines is 

desirable. 

shadow lines and visual interest 

Page 160




(CONT.) 


Above the ground floor, on 56% of balconies are orientated Yes 

public realm frontages, toward public realm frontages, 

balconies and voids should not however this achieves casual 

dominate facades. This is to be surveillance requirements. The use 

controlled by a void to solid of a variety of patterns, materials 

ratio requirement in the vicinity and architectural elements modulate 

of 50% with each facade the façade, creating interest and 

measured independently. reducing the visual dominance of 

balconies 

No blank walls to the public 

realm. 

No blank walls to the public realm Yes 

Balconies should generally be Balconies are proposed to take Yes 

used in moderation and shall be advantage of the site location, solar 

integrated into the overall access and are required to satisfy 

composition of the facade. They the private open space requirements 

should not be implemented in a of DCP 55. The design of the 

monotonous or repetitive balconies and materials reduces the 

configuration. This pertains to 

both recessed and cantilevered 

balconies. Balconies may have 

masonry or metal balustrades. 

The latter should generally have 

a separation of the grilles and a 

handrail. 

monotonous configuration. 

The majority of windows shall Majority of windows are to be Yes 

be rectangular. Square, circle 

and semi-circle windows are 

permitted but should be used in 

moderation. 


Garden The majority of the building is Building wall is setback 4 metres, Yes 

Setback setback 4-6m from the front with private courtyard provided to 

Frontage property boundary creating a front boundary, as per requirements 

garden area/terrace for ground 

floor residential or live/work 

apartments. The front boundary 

is suitably defined. 

of DCP 55. 

Roof and Relate roof design to the desired Roof design is consistent with the Yes 

terraces built form and or context. desired built form and context of 

the area 

Design the roof to relate to the Roof design and parapet relates to Yes 

size and scale of the building, 

the building elevations and 3D 

building form. This includes the 

design of any parapet or 

terminating elements and the 

selection of roof materials. 

size and scale of the buildings 

Design roofs to respond to the Roof responds to orientation of the Yes 

orientation of the site, for site, assists in achieving solar 

example, by using eaves and 

skillion roofs to respond to sun 

access. 

access requirements. 

Page 161




(CONT.) 


Integrate service elements into Service elements are integrated into Yes 

the design of the roof. These the roof design and are located so 

elements include lift over-runs, as not to create any impacts on 

service plants, chimneys, vent adjoining properties with minimal 

stacks, telecommunication 

infrastructure, gutters, 

downpipes and signage 

vision from public domain areas 

Facilitate the use or future use of Roof is capable of supporting future Yes 

the roof for sustainable sustainable energy options such as 

functions 

solar panels 

Balconies & Larger apartments (2 bedroom Where possible, larger apartments Yes 

Private or larger) should provide provide primary and secondary 

Courtyards primary and secondary private private open space areas. This is 

open space. The combined area not always possible due to privacy 

of private open space should be issues. The total area of each 

a minimum of 10% of the private open space is at a minimum 

dwelling floor space. 

10% of unit floor area. 

Primary balconies for onebedroom 

apartments are to have 

a minimum area of 8 m 2 . 

Primary balconies for two and 

three bedroom apartments are to 

have a minimum area of 10m 2 One bedroom = 8m 

. 

2 minimum 

Two bedroom = 10m 2 minimum 

with the exception of 2.01, 4.01 

which have 8m 2 Yes 

No 

each in primary 

balcony. This is further discussed 

below. 

Primary balconies are to be Primary balconies are accessible Yes 

located adjacent to the main from living areas, with minimum 

living areas, such as living 

room, dining room or kitchen to 

extend the dwelling living space 

and proportioned to be 

functional and promote 

indoor/outdoor living. A dining 

table and two to four chairs 

should fit on the majority of 

balconies in any development. A 

minimum depth of 2m is 

required. 

dimension of 2 metres. 

Design and detail balconies in Balconies are designed to suit local Yes 

response to the local climate and 

context. 

climate and site orientation. 

Ground Floor Design front gardens or terraces Ground floor apartments achieve Yes 

Apartments to contribute to the spatial and the desired streetscape appearance 

visual structure of the street 

while maintaining privacy for 

apartment occupants. 

and maintain privacy for occupants 

Promote housing choice Variation in apartment sizing 

provided 

Yes 

Increase opportunities for solar Solar access to ground floor Yes 

access in ground floor units, 

particularly in denser areas 

apartments is maximised. 

Page 162




(CONT.) 


Encourage ground floor units Access to ground floor apartments Yes 

with direct access from encourages passive surveillance due 

semiprivate/ communal courts to 

engender passive surveillance 

and communal interaction. 

to communal interaction 

Visual Privacy All new developments must Proposal has been reviewed by Yes 

and Acoustic comply with Railcorp 

Railcorp, who have granted their 

Separation Guidelines - “A Guide to concurrence to the proposal subject 

Working in and Around Rail 

Corridor” and requirements of 

the Rail Infrastructure 

Corporation and State Rail 

Authority “Interim Guidelines 

for Applicants - Consideration 

of Rail Noise and Vibration in 

the Planning Process”. 

to conditions. 

Use detailed site and building Building orientation has been Yes 

design elements to increase established to increase privacy to 

privacy without compromising 

access to light and air. 

individual apartments 

Daylight For 3 or more storey 

Min 75% of dwellings receive at Yes 

Access developments, provide at least least 2 hours solar access between 

75% of residential apartments 

with at least 2 hours of sunlight 

to living room and private open 

spaces between 9.00 am and 

3.00 pm in mid-winter. 

9.00am and 3.00pm in mid winter. 

Limit the number of single- No dwellings have a single Yes 

aspect apartments with a 

southerly aspect to a maximum 

of 10 percent of the total units 

proposed. 

southerly aspect 

Design for shading and glare Proposal allows for shading and Yes 

control, particularly in summer screening from elements. 

Natural Plan the site to promote and Proposal achieves compliance with Yes 

Ventilation guide natural breezes 

SEPP 65 for cross ventilation. 

Limit residential building depth Building depth 16m max glass line Yes 

to 18 metres glass line to glass 

line to support natural 

ventilation. 

to glass line. 

Utilise the building layout and Building layout provides ventilation Yes 

section to increase potential for 

natural ventilation 

to individual dwellings. 

Design the internal apartment Apartments are generally open plan Yes 

layout to promote natural living areas with access to private 

ventilation 

open space areas to promote natural 

ventilation 

A minimum of 60% of 

All apartments to be cross Yes 

residential apartments are to be 

naturally ventilated by utilising 

cross ventilation. 

ventilated aided by breezeways. 

Page 163




(CONT.) 


A minimum of 25% of kitchens All kitchens are to be naturally Yes 

within a development are to be 

naturally ventilated 

ventilated due to open plan living 

Select doors and operable Sliding doors and operable Yes 

windows to maximise natural windows to allow natural and cross 

ventilation opportunities 

established by the apartment 

layout. 

flow ventilation. 

Energy All heating/cooling devices used BASIX Certificate provided Yes 

Efficiency are to comply with BASIX. indicating that the proposal satisfies 

the energy efficiency targets. 

Incorporate passive solar design Proposal includes passive solar Yes 

techniques to optimise heat design techniques. Proposal 

storage in winter and heat complies with the thermal comfort 

transfer in summer 

commitments of the BASIX 

Certificate. 

Improve the control of space The proposal achieves compliance Yes 

heating and cooling 

with BASIX targets 

Provide or plan for future Solar energy systems may be Yes 

installation of solar collectors provided on roof tops in the future 

and photovoltaic panels. without impacting on the amenity 

of adjoining properties. 

Reduce reliance on artificial Proposal provides apartments with Yes 

lighting 

satisfactory access to natural 

lighting. 

Maintenance Design windows to enable Windows to be accessible to Yes 

cleaning from inside the occupants of each individual 

building, where possible. apartment for cleaning. 

Incorporate and integrate Building maintenance systems Yes 

building maintenance systems incorporated into the design 

into the design of the building 

form, roof and façade. 

without impacting on the façade. 

Select durable materials, which Proposed materials are durable and Yes 

are easily cleaned and are consistent with residential 

graffiti resistant. 

development. 

Select appropriate landscape Landscaping is appropriate to site Yes 

elements and vegetation and and desired character. Irrigation 

provide appropriate irrigation 

systems 

can be provided. 

For developments with Space for garden maintenance and Yes 

communal open space, provide a 

garden maintenance and storage 

area, which is efficient and 

convenient to use and is 

connected to water and drainage. 

storage provided 

As demonstrated in the table above, the proposal complies with the requirements of 

DCP 55 with the exceptions which are discussed below in more detail. 

Page 164




(CONT.) 

Site Amalgamation 

Clause 4.1.1 of DCP 55 requires that development within the precinct be carried out in 

accordance with the site consolidation plan, as identified below: 

This consolidation plan requires the site identified as 2 Broughton Street to be 

consolidated with the subject development site for redevelopment. 

Given that the proposed development does not comply with the site amalgamation plan 

of DCP 55, the proposal has been considered against the Planning Principles 

established by the Land and Environment Court in relation to isolated sites. It is noted 

that 2 Broughton will not be isolated as such, as some form of mixed 

commercial/residential development is possible. Regardless, the following principles 

have been considered as a guide: 

1. Is amalgamation of the sites feasible? 

The principles to be applied in determining the answer to the first question are 

set out by Brown C in Melissa Grech v Auburn Council [2004] NSWLEC 40. 

The Commissioner said: 

Firstly, where a property will be isolated by a proposed development and that 

property cannot satisfy the minimum lot requirements then negotiations 

between the owners of the properties should commence at an early stage and 

prior to the lodgement of the development application. 

Secondly, and where no satisfactory result is achieved from the negotiations, 

the development application should include details of the negotiations between 

the owners of the properties. These details should include offers to the owner of 

the isolated property. A reasonable offer, for the purposes of determining the 

development application and addressing the planning implications of an 

isolated lot, is to be based on at least one recent independent valuation and 

may include other reasonable expenses likely to be incurred by the owner of 

the isolated property in the sale of the property. 

Page 165 

2 & 4 Broughton St 

to be amalgamated




(CONT.) 

Thirdly, the level of negotiation and any offers made for the isolated site are 

matters that can be given weight in the consideration of the development 

application. The amount of weight will depend on the level of negotiation, 

whether any offers are deemed reasonable or unreasonable, any relevant 

planning requirements and the provisions of s 79C of the Environmental 

Planning and Assessment Act 1979 

With respect to the first question, 2 Broughton Street, is occupied by an industrial 

building/use. It has a site area of approximately 1405m 2 . It will not be “isolated” as a 

result of the proposed development, however it will not achieve the desired lot size to 

allow maximum development potential. 

On this basis, the applicant engaged Landmark White to carry out a valuation of 2 

Broughton Street. The valuation identified a value of $3,780,000.00. An offer of 

$4,200,000.00 plus GST was made to the owner of the site prior to the lodgement of 

this Development Application. The offer was refused. 

Details of the valuation and negotiations have been provided with this application. 

The offer to purchase 2 Broughton Street is considered to be reasonable and weight 

can therefore be given to this offer in considering the subject application. 

2. Can orderly and economic use and development of the separate sites be 

achieved if amalgamation is not feasible? 

In the decision Cornerstone Property Group Pty Ltd v Warringah Council [2004] 

NSWLEC 189, Commissioner Tuor extended the principles of Brown to deal with the 

second question and stated that: 

“The key principle is whether both sites can achieve a development that is 

consistent with the planning controls. If variations to the planning controls 

would be required, such as non compliance with a minimum allotment size, 

will both sites be able to achieve a development of appropriate urban form and 

with acceptable level of amenity. 

To assist in this assessment, an envelope for the isolated site may be prepared 

which indicates height, setbacks, resultant site coverage (both building and 

basement). This should be schematic but of sufficient detail to understand the 

relationship between the subject application and the isolated site and the likely 

impacts the developments will have on each other, particularly solar access 

and privacy impacts for residential development and the traffic impacts of 

separate driveways if the development is on a main road. 

The subject application may need to be amended, such as by a further setback 

than the minimum in the planning controls, or the development potential of 

both sites reduced to enable reasonable development of the isolated site to 

occur while maintaining the amenity of both developments.” 

Page 166




(CONT.) 

In regard to this question, both sites have the potential in terms of site areas and 

frontages to provide a development which is consistent with the desired urban form. It 

is noted that the development proposed through this Development Application is 

seeking variations to building separation requirements, however a conceptual design 

has been developed for possible future development at 2 Broughton Street which will 

generally comply with solar access and ventilation requirements, an acceptable level of 

amenity is provided. 

Having considered this Planning Principle, it would be unreasonable to prevent 

development of the subject site due to these factors and given that the variation to the 

amalgamation plan will not have any significant negative impacts on the adjoining 

property, the proposal is acceptable in this regard. 

Deep Soil Zones 

Clause 4.1.6 of DCP 55 requires that 15% of the communal open space area, with a 

minimum dimension of 3 metres is to be a deep soil zone. The objective of this 

control is to improve the amenity of developments through the retention and/or 

planting of large or medium sized trees. 

The proposal requires a communal open space area of 61.6 square metres with the 

minimum 3 metre dimension to be a deep soil zone. The proposal provides 54 square 

metres with the minimum 3 metre dimension, which is a variation of 7.6 square 

metres. It is noted that there are additional areas of landscaping provided throughout 

the site that do not have this minimum dimension. 

Our Landscape Architect has reviewed the proposal and is satisfied that the 

landscaping proposed is satisfactory in terms being suited to available soil depths, 

increasing amenity providing privacy. 

On this basis and given that this variation is minor, the proposal is considered to be 

acceptable. 

Private Open Space 

Clause 4.1.0 of DCP 55 requires that 25 square metres of private open space, with a 

minimum dimension of 4 metres in any one direction be provided for each ground 

floor apartment. 

The proposal provides eight apartments at ground floor level, seven of which achieve 

the minimum dimensions as set out by DCP 55. 

However, the open space area for apartment G.05, located at the front of the 

development, this private open space area does not achieve compliance with the 4 

metre minimum dimension requirements, rather, 18.8 square metres of the area will 

have the required minimum dimension. In considering this non compliance it is noted 

that apartment G.05 is a one bedroom apartment, which typically requires less open 

space area. The proposal will achieve solar access and cross flow ventilation, thereby 

increasing the amenity of the apartment. 

Page 167




(CONT.) 

For these reasons, and given that the non-compliance relates only to one apartment, 

the variation is supported in this instance. 

Balconies 

Clause 4.3.7 of DCP 37 requires that two bedroom apartments be provided with a 

primary balcony having a minimum area of 10 square metres, with minimum 

dimension of 2 metres. Proposed dwellings 2.01 and 4.01 are both seeking a variation 

to this control. Each of these dwellings are two bedroom apartments, being split over 

two levels. Each of the apartments has a primary balcony off the living area with an 

area of 8 square metres and a secondary balcony off a bedroom of 5.6 square metres. 

It is noted that the non-compliance relates to only two of the thirty-nine dwellings 

which rely on balconies to provide their private open space. 

Given that both of the non-complying apartments have a secondary balcony, thereby 

having a total private open space area of 13.6 square metres, the variation is 

considered minor and is supported for these reasons. 

Building Separation 

The building separation requirements of DCP 55 require that buildings up to four 

storeys in height have a separation distance of 12 metres, with the fifth and sixth 

storey component to have an 18 metre separation. Therefore, it is reasonable to 

assume that the proposal should provide a 6 metre side setback for the component of 

the development up to four storeys and a nine metre setback for the fifth and sixth 

floor from the northern side boundary with 6 Broughton Street. 

The applicant is seeking a variation to these requirements and is proposing a side 

setback of 3 metres from the northern boundary for the “front” section of the building 

(adjoining 6 Broughton Street) and built to the boundary on the southern side 

(adjoining 2 Broughton Street). It is noted that the “rear” section of the building will 

be setback to comply with these requirements. 

In considering this variation, it is noted that if 2 and 4 Broughton Street were to be 

consolidated for redevelopment, as suggested by the site amalgamation plan within 

DCP 55, the building separation requirements would not be applicable. 

These numerical controls have been drawn from the Residential Flat Design Code, 

which is aimed to ensure that an appropriate level of amenity is provided within 

developments, including ventilation and solar access. Appropriate screening measures 

have been provided to windows which are within the prescribed setback areas. In this 

regard, the applicant has demonstrated that the proposed building separation allows the 

appropriate level of solar access and ventilation to the development at 6 Broughton 

Street, thereby achieving the objectives behind rules of thumb of the Residential Flat 

Design Code. 

Page 168




(CONT.) 

It is also noted that if 2 and 4 Broughton Street were developed as the one site, there 

would be a continuous building front to Broughton Street. Therefore, the reduced 

building separation will not have any negative impacts on the desired streetscape. 

• Stormwater Management Manual – Specification 9 

Council’s Stormwater Management Manual is designed to assist applicants provide 

adequate and appropriate stormwater drainage as part of their development and to 

assist in compliance with conditions of development consent. The development 

application and accompanying hydraulic documents were referred to Council’s 

Development Engineer for comment who advises that no objections are raised to the 

proposed development subject to the inclusion of conditions. 

• Development Contributions Plan – Canterbury Town Centre and Riverfront 

Precinct 

Significant upgrades of the existing infrastructure are necessary to sustain the scale of 

urban renewal envisaged for the Canterbury Town Centre. Accordingly, the main 

purpose of this Plan is to enable reasonable contributions to be obtained from 

development for the provision of new and augmented local infrastructure that will both 

benefit and be required for the proposed development. 

Residential flat developments are identified as increasing demand for local 

infrastructure and are therefore subject to a contribution. 

The Plan requires a contribution of $149.59 per square metre of gross floor area. 

The proposed development has a gross floor area of 4067.50 square metres, which 

requires a contribution of $608,457.32. 

On this basis, a condition has been included within the recommendation requiring the 

applicant to pay a contribution of $608,457.32. 


• Fire Safety and Building Related Comments 

The development application has been accompanied by a National Construction Code 

Assessment Report prepared by DixGardner Pty Ltd. The report concludes that the 

proposed development is capable of satisfying the provisions of the National 

Construction Code subject to the certain aspects being complied with at Construction 

Certificate stage. The development application and accompanying NCC report were 

referred to Council’s Team Leader Building for comment who has raised no objections 

to the proposal in principle, subject to certain conditions being included as part of any 

development consent issued. 

• City Works 

The proposal has been reviewed by our Team Leader Traffic, who has advised that the 

proposal does not have any significant issues in terms of traffic flow, generation and 

safety. 

Page 169




(CONT.) 

Notification 

The development application was publicly exhibited and adjoining land owners notified in 

accordance with the provisions of our Development Control Plan 32 – Notification Policy. 

During this period, we received 17 submissions, including a petition with 48 signatures, 

raising the following concerns in relation to the proposed development: 

• Effect on Surrounding Area 

Concerns have been raised that the proposal will have a negative effect on the 

surrounding area. 

Comment 

The subject site has a residential land use and high density residential development is 

permitted and anticipated by the adopted planning controls. The proposed 

development is consistent with the provisions of all applicable codes and policies and 

is unlikely to create any significant impacts on the surrounding area. It should be 

noted that the proposal will provide a significant number of benefits to the community 

including the provision of upgrades to the public domain within the Canterbury Town 

Centre and Riverfront Precinct. 

• Noise 

Concerns have been raised that the proposal will lead to increased noise pollution to 

the surrounding area. 

Comment 

Given the residential nature of the proposed development, it is unlikely that there will 

be any significant impacts by way of noise generation. It is noted that the Bankstown 

Rail Line adjoins the site at the rear and as a result it is highly unlikely that any noise 

impacts created through this development would exceed/increase those currently 

experienced on the subject site and those surrounding. 

• Pollution 

Concerns have been raised that the proposal may lead to increased pollution within the 

area. 

Comment 

The proposal relates to the construction of a residential flat building, which includes 

appropriate waste management facilities. On this basis, it is not expected that the 

proposal will cause pollution issues. 

• Traffic/Street Access 

Concerns have been raised that Broughton Street already has too much traffic and that 

this development will only add to air pollution from increased cars. There is also 

concerns regarding pedestrian safety. 

Page 170




(CONT.) 

Comment 

The capacity of Broughton Street from a traffic perspective has been considered in the 

formulation of DCP 55, which permits densities of the scale being proposed through 

this application. The proposal has also been reviewed by our Team Leader Traffic and 

Transport, specifically in terms of traffic and street access, and found to be acceptable. 

• Parking 

Concerns have been raised that parking is already limited within the area and the 

proposal is insufficient in terms of the parking provided. 

Comment 

The proposed development provides a total of 65 car parking spaces, including 10 

visitor car parking spaces, which exceeds the requirements of our Car Parking Code. 

It is also noted that the Canterbury Town Centre is well serviced by public transport, 

including rail and bus networks, which further reduces reliance on cars and parking 

demands. 

• Disturbance of Natural Habitats 

Concerns have been raised that the removal of trees will impact on wildlife and native 

birds living nearby. 

Comment 

It is acknowledged that some trees will be removed to allow for the proposed 

development to proceed. However, in considering the removal of these trees, it has 

been noted that no endangered species have been identified which would be impacted 

by the proposal. Conditions of consent have been imposed requiring appropriate 

landscaping and trees to be provided to replace the existing vegetation removed. 

• Privacy 

Concerns have been raised that the proposal impacts on the privacy of existing 

residents within Broughton Street. 

Comment 

The proposed development provides adequate building separation and privacy control 

measures to the adjoining sites which may be developed in the future for the purpose 

of a residential flat building. There is not considered to be any privacy impacts to the 

residential flat developments on the opposite side of Broughton Street. 

• Character of Area 

Concerns have been raised that the high level residential flat building proposed is out 

of character with the surrounding area 

Page 171




(CONT.) 

Comment 

The proposal is consistent with the desired future character of the area. It is noted that 

the character of the area will change, however, this is consistent with the adopted 

vision for the Canterbury Town Centre and Riverfront Precinct, as prescribed by 

recent amendments to Canterbury Local Environmental Plan 138 (Canterbury 

Precinct) to allow increased floor space and heights. 

• Density 

Concerns have been raised that the increased population will lead to additional 

household waste, which could impact on the Cooks River Ecosystem. 

Comment 

Waste management facilities have been incorporated into the development, as 

prescribed by our Development Control Plan 48 – Waste Management. The proposed 

waste management facilities have also been reviewed by our Waste Services 

Coordinator, who has advised that the proposal is acceptable in terms of waste 

management. On this basis, it is unlikely that the proposal will create any negative 

impacts on the Cooks River Ecosystem. 

• Public Transport 

Concerns have been raised that the proposal will cause overcrowding of public 

transport. 

Comment 

The subject site is located within close proximity to public transport and as such, 

future residents may rely on public transport. This is identified as a positive outcome, 

as it reduces congestion on local roads. Regardless, an appropriate level of parking is 

provided for future residents should they wish not to utilise the nearby public transport 

options. 

• Overshadowing 

Concerns have been raised that the proposal will create overshadowing. 

Comment 

The proposed development has been assessed in accordance with our Energy Smart 

Homes Policy (DCP 37), which requires at least 2 hours solar access to prescribed 

parts of adjoining properties. Our assessment has identified that the proposal is 

compliant with all requirements of DCP 37. 

• Crime 

Concerns have been raised that future residents may cause vandalism to the adjoining 

properties and also make use of the facilities for nearby residential flat buildings 

(tennis court/pool). 

Page 172




(CONT.) 

Comment 

These issues, although serious are not issues to be considered through the assessment 

of this application. If they were to occur, they should be reported to NSW Police for 

investigation. 

• Infrastructure 

Concerns have been raised that the existing infrastructure is not adequate to cope with 

the increased demand created through the development. 

Comment 

It is acknowledged that there will be increased demands on infrastructure (water and 

sewer) as a result of the proposed development. Therefore, the applicant will be 

required to obtain a Section 73 Certificate from Sydney Water, demonstrating that 

adequate water and sewer facilities are available to the site. 

• Disturbance During Construction 

Concerns have been raised that there will be disturbances to the neighbourhood during 

construction. 

Comment 

It is acknowledged that there will be some disturbances to the surrounding area during 

the construction phase of the development. However, these will only be temporary 

and conditions of consent have been imposed, restricting the hours during which 

building works may take place. This is to ensure that the level of disturbance is not 

unreasonable. 

Conclusion 


the Environmental Planning and Assessment Act, 1979 and all relevant development control 

plans, coders and policies. 

The proposed development is permissible in the zone subject to consent under the provisions 

of Canterbury Local Environmental Plan 138: Canterbury Precinct (CLEP138). As 

demonstrated, the proposed development is generally consistent with the provisions of the 

relevant State Environmental Planning Policies and Councils development control plans. 

As outlined throughout this report, the site is capable of accommodating the proposed 

residential development and is not expected to have any detrimental impacts on the amenity of 

the locality, in this regard the proposal is considered to be a suitable development for the site. 

It is recommended that the development application be approved, subject to conditions. 


THAT Development Application DA-12/2012 be APPROVED subject to the following 

conditions: 


1. The following must be submitted to either Council or an Accredited Certifier prior to the 

issuing of a Construction Certificate: 

Page 173




(CONT.) 


• Structural Engineering Plan including method of shoring during excavation 








• Ventilation of basement area in accordance with Australian Standard 1668.2 

• Compliance with the Disability (Access to Premises – Buildings) Standards 

2010 

• Compliance with recommendations of The Preliminary Environmental Site 

Assessment prepared by Aargus Australia dated September 2011 

• Compliance with RailCorp conditions 

1.2. Payment of the Long Service Leave Levy to the Long Service Leave Corporation or 

to Council. 






1.4. If you appoint Council as your Principal Certifying Authority, the following fees are 

payable: 



Occupation Certificate Fee $1,975.00 

Note 1: Long Service Leave is payable where the value is $25,000 or more under Part 5 

Section 36 of the Building and Construction Industry Long Service Payments Act 1986. 

Note 2: If you appoint a Principal Certifying Authority other than Council, the fees shown 

in this item do not apply, however other fees will apply. 



Note 4: Section 94 contribution payments are payable by cash, bank cheque, or EFTPOS. 





2.2. you must appoint a Principal Certifying Authority (either Canterbury City Council, 

or an Accredited Certifier) and notify the Council of the appointment (see 

Attachment – Notice of Commencement copy), and 



SITE SIGNAGE 

3. A sign shall be erected at all times on your building site in a prominent position stating the 

following: 

3.1. The name, address and telephone number(s) of the principal certifying authority for 

the work, and 

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(CONT.) 

3.2. The name of the person in charge of the work site and a telephone number at which 

that person may be contacted during and outside working hours, and 


DEMOLITION 



provisions of Australian Standard AS 2601-2001: The Demolition of Structures and 

the Construction Safety Act Regulations. 

(b) The demolition of a structure or building involving the removal of dangerous or 

hazardous materials, including asbestos or materials containing asbestos must be 

carried out in accordance with the requirements of the Workcover Authority of New 

South Wales. 



(d) A hoarding or fence must be erected between the building or site of the building and 

the public place, if the public place or pedestrian or vehicular traffic is likely to be 

obstructed or rendered inconvenient because of the carrying out of the demolition 

work. 






(g) Adequate care is to be taken during demolition to ensure that no damage is caused to 



demolition in accordance with Council's Stormwater Management Manual. If you 

do not provide adequate erosion and sediment control measures and/or soil or other 

debris from the site enters Council's street gutter or road you may receive a $1500 

on-the-spot fine. 

(i) Council’s Soil and Water Management warning sign must be displayed on the most 

prominent point on the demolition site, visible to both the street and site workers. 

The sign must be displayed throughout demolition. 




prominent position stating that unauthorised entry to the premises is prohibited and 

contain all relevant details of the responsible person/company including a contact 

number outside working hours. 

(l) A sign is not required where work is being carried out inside, or where the premises 

are occupied during the works (both during and outside working hours). 

(m) Toilet facilities must be provided to the work site in accordance with WorkCover’s 

NSW “CODE OF PRACTICE” for Amenities for construction work and any 

relevant requirements of the BCA. 

(n) Removal, cleaning and disposal of lead-based paint conforming to the current NSW 

Environment Protection Authority's guidelines. Demolition of materials 

incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 

3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: 

Page 175




(CONT.) 

For further advice you may wish to contact the Global Lead Advice and Support 

Service on 9716 0132 or 1800 626 086 (freecall), or at www.lead.org.au 

(o) Hazardous dust not being allowed to escape from the site. The use of fine mesh dust 

proof screens or other measures are recommended. 

(p) Any existing accumulations of dust (eg. ceiling voids and wall cavities) must be 

removed by the use of an industrial vacuum fitted with a high efficiency particulate 

air (HEPA) filter. All dusty surfaces and dust created from work is to be suppressed 

by a fine water spray. Water must not be allowed to enter the street and stormwater 

systems. Demolition is not to be performed during adverse winds, which may cause 

dust to spread beyond the site boundaries. 

5. The development being carried out in accordance with the plans, specifications and details 

prepared by , dated and marked Drawing Plan No. DA-04, DA-05, DA-06, DA-07, DA-08, 

DA-09, DA-10, DA-11, DA-12, DA-13, DA-14, DA-15, DA-16, DA-17, DA-18, DA-19, 

DA-21, DA-21, DA-22, DA-23, DA-24, DA-25, DA-26, DA-27, DA-28, DA-29 and DA- 

30, as received by Council on 26 June 2012, and Drawing Plan No. DA-01 ‘A’, DA-02 ‘A’ 

and DA-03 ‘A’, as received by Council on 17 September 2012, except where amended by 

the conditions specified in this Notice and the following specific conditions of consent: 

5.1. The garbage room is to be redesigned so that the hard waste storage is relocated to 

the rear of the room. 

6. 65 off street car parking spaces being provided in accordance with approved DA plans. Car 

parking within the development shall be allocated as follows: 

• 1 space per dwelling (minimum) 

• 6 Resident common spaces (minimum) 

• 9 visitor spaces (minimum) 

• 1 car wash bay 

If the development is to be strata subdivided, the carpark layout must respect the above 

allocation. 

7. Resident and visitor car parking shall be clearly signposted at the entry to the car parking 

area. 

8. Fourteen (14) bicycle spaces are to be provided within the basement. 

9. Each letter box bank at the building entrance must be designed and fitted out in accordance 

with Australia Post design standards. 

10. This condition has been levied on the development in accordance with Section 94 of the 

Environmental Planning and Assessment Act 1979 and in accordance with Canterbury City 

Council’s Canterbury Town Centre Development Contributions Plan, after identifying the 

likelihood that this development will require or increase the demand on public amenities, 

public services and public facilities in the area. The amount of the contribution (as at the 

date of this consent) has been assessed as $608,457.32. Note: The contributions payable 

will be adjusted, at the time of payment, to reflect Consumer Price Index increases which 

have taken place since the development application was determined. The contribution is to 

be paid to Council in full prior to the release of the Construction Certificate, (or for a 

development not involving building work, the contribution is to be paid to Council in full 

before the commencement of the activity on the site) in accordance with the requirements 

of the Contributions Plan. 

11. Finishes and materials, including the treatment of external walls, roofing, balcony 

balustrades, fences, windows and doors being in accordance with the details accompanying 

DA-12/2012, dated ..and prepared by .. The approved design (including an element or 

detail of that design) or materials, finish or colours of the building must not be changed so 

Page 176




(CONT.) 

as to affect the external appearance of the building without the approval of Council. 

12. A convex mirror shall be provided to the car park entrance to ensure the safety of 

pedestrians walking from Canterbury Road along Broughton Street. Details shall be 

provided with the application for the Construction Certificate. 

13. The applicant shall prepare and submit, as part of the documentation for a Construction 

Certificate, a Construction Management Plan. This plan shall include the following: 

(a) details of proposed hours of work and contact details of the site manager; 

(b) proposed method of access to and egress from the site for construction vehicles; 

(c) proposed method of loading and unloading of excavation and construction 

machinery and building materials; 

(d) proposed areas within the site to be used for the storage of excavated materials, 

construction materials, waste storage containers and construction vehicles during the 

construction period; 

(e) proposed traffic management measures to ensure safe ingress and egress from the 

site; 

(f) proposed method of support to any excavation adjacent to adjoining properties or 

the road reserve; 

(g) proposed methods to remove loose material from all vehicles and machinery before 

entering the road reserve and any run-off from the washing of vehicles and 

associated sediment control measures. 

14. Erection of a hoarding/fence or other measure to restrict public access to the site and to 

building works, materials or equipment when building work is not in progress or the site is 

otherwise unoccupied. Full details must be submitted to the Principal Certifying Authority 

with the Construction Certificate application. 

15. All materials must be stored wholly within the property boundaries and must not be placed 

on the footway or roadway. 

16. All building operations for the erection or alteration of new buildings must be restricted to 

the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no 

mechanical building equipment can be used after 12.00 noon. No work is allowed on 

Sundays or Public Holidays. 

17. Council’s warning sign for Soil and Water Management must be displayed on the most 

prominent point on the building site, visible to both the street and site workers. The sign 

must be displayed throughout construction. 

18. The capacity and effectiveness of erosion and sediment control devices must be maintained 

at all times. 

19. A copy of the Soil and Water Management Plan must be kept on site at all times and made 

available to Council officers on request. 



21. Materials must not be deposited on Council’s roadways as a result of vehicles leaving the 

building site. 


sediment. Where required, gutters and roadways must be swept regularly to maintain them 

free from sediment. Do not hose down. 

23. The site must be provided with a vehicle washdown area at the exit point of the site. The 

area must drain to an approved silt trap prior to disposal to the stormwater drainage system 

in accordance with the requirements of Specification S2 of Council’s Stormwater 

Management Manual. Vehicle tyres must be clean before leaving the site. 

Page 177




(CONT.) 


minimum of 40mm aggregate of blue metal or recycled concrete. The depth of the 

entry/exit point must be 150mm. The length will be no less than 15m and the width no less 

than 3m. Water from the area above the entry/exit point shall be diverted to an approved 

sediment filter or trap by a bund or drain located above. 

25. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to walls being 

erected more than 300mm above adjacent ground surfaces to indicate the exact location of 

all external walls in relation to allotment boundaries. 

26. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to the pouring 

of concrete at basement/ground/first/second/third/fourth and fifth floor slab level indicating 

the finished floor level to a referenced benchmark. These levels must relate to the levels 

indicated on the approved architectural plans and/or the hydraulic details. 


28. Construction of the development, including excavation, foundations and retaining wall 

construction being carried out in accordance with the recommendations contained within 

the Geotechnical Report prepared by Aargus Australia dated 6 September 2011, as received 

by Council on 18 January 2012. 

29. Under clause 97A(3) of the Environmental Planning and Assessment Regulation 2000, it is 

a condition of this development consent that all the commitments listed in each relevant 

BASIX Certificate for the development are fulfilled. 


(a) relevant BASIX Certificate means: 

(i) a BASIX Certificate that was applicable to the development when this 


modified under section 96 of the Act, a BASIX Certificate that is applicable 

to the development when this development consent is modified); or 

(ii) if a replacement BASIX Certificate accompanies any subsequent application 

for a construction certificate, the replacement BASIX Certificate; and 

(b) BASIX Certificate has the meaning given to that term in the Environmental 

Planning and Assessment Regulation 2000. 

DILAPIDATION AND EXCAVATION 

30. All precautions must be taken to prevent any damage likely to be sustained to adjoining 

properties. Adjoining owner property rights must be observed at all times. Where damage 

occurs to adjoining property, all necessary repair or suitable agreement for such repairs are 

to be undertaken by the applicant in consultation with, and with the consent of, the affected 

property owner prior to the issue of an Occupation Certificate. 

31. The applicant shall prepare a Dilapidation Report/photographic survey prepared by an 

appropriately qualified consultant for adjoining properties, 2 and 6 Broughton Street, 

Canterbury, detailing the physical condition of the property, both internally and externally, 

including such items as walls, ceilings, roof, structural members and other similar items, 

shall be submitted to the Principal Certifying Authority prior to the issue of a Construction 

Certificate. On completion of the excavation and building works and prior to the issue of an 

Occupation Certificate, a certificate from an appropriately qualified engineer stating to the 

effect that no damage has resulted to adjoining properties is to be submitted to the Principal 

Certifying Authority. If damage is identified which is considered to require rectification, the 

damage shall be rectified or a satisfactory agreement for rectification of the damage is to be 

made with the affected person/s as soon as practical and prior to occupation of the 

development. All costs associated in achieving compliance with this condition shall be 

Page 178




(CONT.) 

borne by the person entitled to act on this consent. 

32. Any new information which comes to light during demolition or construction works which 

has the potential to alter previous conclusions about site contamination shall be notified to 

the Council and the Principal Certifying Authority immediately. 

RAILCORP REQUIREMENTS 

33. All excavation and construction works are to be undertaken in accordance with the details, 

methodology, advice, undertakings and recommendations contained within the following 

documents, and subject to modification also specified below: 

• Geotechnical Investigation Report prepared by Aargus Australia dated 6 September 

2011 (Ref. No. GS4529-2) 

• Addendum Geotechnical Investigation Report prepared by Aargus Australia dated 3 

April 2012 (Ref. No. GS4529-3) 

• Engineering Certificate prepared by HKMA Engineers dated 15 February 2012 

(Ref. No. 1078_SCT_L1) 

• Shoring Plan and Details – Drawing No. 1078-S02 Issue D dated 27 March 2012. 

• The spacing between piles is to be a maximum of 100mm, unless varied with 

Railcorp’s agreement. 

• A continuous drainage cell is to be installed between piles. 

Prior to the issue of a Construction Certificate, the applicant is to submit a Final 

Construction/Shoring Plan consistent with the above requirements to Railcorp for 

endorsement. The Principle Certifying Authority (PCA) shall not issue the Construction 

Certificate until written confirmation has been received from Railcorp confirming that this 

condition has been satisfied. 

34. The following items are to be submitted to Railcorp for review and endorsement prior to the 

issue of a Construction Certificate: 

• Machinery to be used during excavation/construction. 

• Track monitoring plan detailing the proposed method of track monitoring during 

excavation and construction phases. 

• A rail safety plan including instrumentation and the monitoring regime. 

The PCA is not to issue the Construction Certificate until it has received written 

confirmation from Railcorp that this condition has been complied with. 

35. All piling and excavation works within 25 metres of the rail corridor are to be supervised by 

a geotechnical engineer experienced with such excavation projects. 

36. No rock anchors/bolts are to be installed into Railcorp’s property. 

37. No modifications may be made to the approved design without the consent of Railcorp. 

38. Prior to the issue of an Occupation Certificate, the applicant is to submit the as-built 

drawings to Railcorp and Council. The as-built drawings are to be endorsed by a registered 

surveyor confirming that there has been no encroachment into Railcorp property or 

easements. In this regard, the PCA is not to issue the Occupation Certificate until written 

confirmation has been received from Railcorp that this condition has been complied with. 

39. Prior to the commencement of works, the applicant shall peg out the common boundary 

with Railcorp’s property and/or easement to ensure that there is no encroachment. Such 

work is to be undertaken by a registered surveyor. 

40. Prior to the commencement of works, and prior to the issue of the Occupation Certificate, a 

joint site inspection of rail infrastructure and property in the vicinity of the site (especially 

the retaining wall and rail track formation) is to be carried out by representatives from 

Railcorp and the applicant. These dilapidation surveys will establish the extent of any 

existing damage and enable any deterioration during construction to be observed. The 

Page 179




(CONT.) 

submission of a detailed dilapidation report will be required unless otherwise notified by 

Railcorp. 

41. During all stages of the development extreme care shall be taken to prevent any form of 

pollution entering the rail corridor. Any form of pollution that arises as a consequence of 

the development activities shall remain the full responsibility of the applicant. 

42. No work is permitted within the rail corridor or its easements at any time unless prior 

approval or an agreement has been entered into with Railcorp. Where the applicant 

proposes to enter the rail corridor, the PCA shall not issue a Construction Certificate until 

written confirmation has been received from Railcorp confirming that its approval has been 

granted. 

43. The applicant is to ensure that the development (including the wall along the rail corridor) 

incorporate appropriate anti-graffiti measures. 

44. Roots and foliage of trees being planted beside the rail corridor shall not impact on the rail 

corridor. In this regard, the landscape details and planting schedule details shall be provided 

to Railcorp for review. The PCA is not to issue the Construction Certificate until written 

confirmation has been received from Railcorp that this condition has been complied with. 

45. An acoustic assessment is to be submitted to the PCA prior to the issue of a Construction 

Certificate demonstrating how the proposed development will comply with the Department 

of Planning’s document titled ‘Development Near Rail Corridors and Busy Roads – Interim 

Guidelines’. The applicant must incorporate in the development all measures recommended 

in the report. 

46. Prior to the issue of a Construction Certificate the applicant is to engage an electrolysis 

expert to prepare a report on the Electrolysis Risk to the development from stray currents. 

The applicant must incorporate in the development all measures recommended in the report 

to control that risk. A copy of the report is to be provided to the PCA with the application 

for the Construction Certificate. 

47. Given the possible likelihood of objects being dropped or thrown onto the rail corridor from 

balconies, windows and other external features (for example roof terraces and external fire 

escapes) that are within 20 metres and face the rail corridor, the applicant is required to 

install measures (awning windows, lourves, enclosed balconies, window restrictors etc) 

which prevent the throwing of objects onto the rail corridor. These measures are to comply 

with Railcorp requirements. The PCA is not to issue the Construction Certificate until it has 

confirmed that these measures are to be installed and have been indicated on the 

construction certificate drawings. 

Prior to the issue of the Construction Certificate, the applicant is to provide Railcorp with a 

report from a qualified structural engineer demonstrating that all structural design of the 

development (and including the wall along the rail corridor boundary) satisfies the 

requirements of Australian Standard AS5100 (the report to assess a collision by a passenger 

train, loaded freight train and an R20 truck). The PCA is not to issue the Construction 

Certificate until it has received written confirmation from Railcorp that it has received this 

report and the PCA has also confirmed that the measures recommended in the engineers 

report have been indicated on the construction drawings. 

48. The design, installation and use of lights, signs and reflective materials, whether permanent 

or temporary, which are (or from which reflected light might be) visible from the rail 

corridor must limit glare and reflectivity to the satisfaction of Railcorp. The PCA is not to 


Railcorp that this condition has been complied with. 

Page 180




(CONT.) 

49. Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and 

detailed Safe Work Method Statements (SWMS) for the proposed works are to be 

submitted to Railcorp for review and comment on the impacts of the rail corridor. The PCA 

is not to issue the Construction Certificate until written confirmation has been received 

from Railcorp that this condition has been complied with. 

50. No metal ladders, tapes or plant/machinery, or conductive material are to be used within 6 

horizontal metres of any live electrical equipment. This applies to the train pantographs and 

1500V catenary, contact and pull-off wires of the adjacent tracks and to any high voltage 

aerial supplies within or adjacent to the rail corridor. 

51. Prior to the issue of a Construction Certificate the applicant is to submit to Railcorp a plan 

showing all craneage and other aerial operations for the development and must comply with 

all Railcorp requirements. The PCA is not to issue the Construction Certificate until written 

confirmation has been received from Railcorp that this condition has been satisfied. 

52. Given the site’s location next to the rail corridor, drainage and stormwater from the 

development must be adequately disposed of/managed and not permitted to be discharged 

into Railcorp’s land unless prior approval has been obtained from Railcorp. 

53. Rainwater from the roof must not be projected and/or falling into the rail corridor and must 

be piped down the face of the building which faces the rail corridor. 

54. Prior to the commencement of works appropriate fencing is to be installed along the rail 

corridor to prevent unauthorised access to the rail corridor. Details of the type of fencing 

and the method of erection of fencing are to be to Railcorp’s satisfaction prior to fencing 

work being undertaken. 

55. The developer must provide a plan of how future maintenance of the development facing 

the rail corridor is to be undertaken. The maintenance plan is to be submitted to Railcorp 

prior to the issue of the Occupation Certificate. The PCA is not to issue the Occupation 

Certificate until written confirmation has been received from Railcorp advising that the 

maintenance plan has been prepared to its satisfaction. 

56. The applicant is to obtain Railcorp’s endorsement prior to the installation of any hoarding 

or scaffolding facing the common boundary with the rail corridor. 


57. Five (5) of the apartments are to accessible units. 

58. A continuous accessible path of travel is to be provided from the street alignment to the 

building entries and from the basement level car parking area to and within each of the 

adaptable units, and to and within all common areas of the buildings. The continuous 

accessible path of travel shall not contain a step or other impediment and shall have an 

unobstructed width of at least 1000mm and vertical clearance of 2000mm. 

59. For the benefit of persons with a vision impairment, all glazed doors and panels on the 

continuous accessible path of travel are required to have a transom or luminance strip at a 

height of between 900mm and 1100mm above floor level. The strip is to be a minimum of 

75mm in width for the full width of the door and provide a luminance contrast to a 

minimum of 30 per cent of its surroundings when viewed from either inside or outside the 

door. 

60. In accordance with the requirements of the Disability (Access to Premises – Buildings) 

Standards 2010, the development shall provide: 

60.1. Doors on the continuous accessible path of travel are to provide clear openings of 

850mm when the door is fully open. 

60.2. A fully accessible lift complying with the minimum dimension requirements 

contained in AS1735.12 and which provides adequate space for a paramedic 

Page 181




(CONT.) 

stretcher with minimum dimensions of 2100mm by 550mm shall be provided for 

the benefit of any resident who may have to be evacuated in a horizontal position. 

61. Letterboxes for adaptable units are to be located on a surface with a maximum gradient of 

1:40 in lateral and longitudinal directions at a height of between 900mm and 1100mm 

above finished surface level. 


62. The proposed building shall be treated with anti-graffiti paint and any glass windows and 

doors at ground level accessible by the public be applied with anti-graffiti film to deter 

graffiti offenders targeting the building and its perimeters. 

63. All access points to the building, including the car parking area, lifts and stairs are to be 

well lit and restricted to residents via a security system. Visitors to the complex shall be 

provided access via an intercom system. Details shall be provided with the application for 

the Construction Certificate. 

64. A security grille is to be provided at the entry to the basement. Access to the visitor car 

parking spaces is to be available via an intercom. 

65. All doors at the main points of entry on the ground floor are to be self closing. 

66. A security access door is to be provided at the main entrance off Broughton Street with 

access to visitors being available via intercom. 

67. Clear directional signage is to be provided within the development to identify each 

apartment. 

WASTE 

68. The ground floor waste area is to be capable of holding 24 general rubbish bins, 16 

recycling bins and at least 3 green waste bins. 

69. A continuous path of travel with minimum width of 1.2 metres is to be provided between 

the kerb and the ground floor bin presentation area. 

70. The waste area and the path thereto is to be unlocked by 5.00am on the day of collection. 

ENGINEERING 

71. That the basement excavation and earthworks be undertaken in general accordance with the 

plans, specifications and details received by Council on 18 th January 2011; sheet number 

1078-S02 Rev A dated April 2011 prepared by HKMA Engineers. 

72. The written permission of each affected adjoining property owner is to be submitted to the 

PCA, and to the City of Canterbury where Council is not the PCA, prior to driving anchors 

under each property. 

73. A detailed Construction Traffic Management Plan is to be submitted to Council for 

approval prior to the issue of any construction certificate. 

74. Certification from a suitably accredited engineer must be provided to certify that all works 

have been carried out in accordance with the approved plan(s), relevant codes and 

standards. 


specifications and details received by Council on 18 January 2012; drawing numbers 1078- 

C, DA01 – DA04 Rev A, prepared by HKMA Engineers and as amended by the following 

condition. 


conveyed from the site and into Council’s stormwater system in accordance with AUS- 

SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Council’s 


Design”. 

Page 182




(CONT.) 

77. All stormwater must pass through a silt arrestor pit prior to discharge to kerb and gutter. Silt 

arrestor pit is to be sized in accordance with clause 3.3.2 of Councils stormwater 

management manual ~ specification 9. Sump depth is to be a minimum of 300mm deep. 

78. Stormwater being disposed to Council’s drainage system at the north of the property in 

Broughton Street, in accordance with Clause 4.8 of Council’s Stormwater Management 

Manual - Specification 9, “A Guide for Stormwater Drainage Design”. 

79. Full width grated drains being provided across the vehicular entrance/exit to the site where 

internal areas drain towards the street, and be connected to the drainage system upstream of 

the silt arrestor pit and in accordance with Clause 4 of Council’s Stormwater Management 

Manual - Specification 9 “A Guide for Stormwater Drainage Design”. 

80. An on-site stormwater detention system OSD must be provided if the post-development 


81. Where OSD is required; three (3) copies of plans and calculations must be submitted prior 

to the issue of Construction Certificate to the Principal Certifying Authority PCA and 

Canterbury City Council, if Council is not the PCA. The plans must be prepared by a 

practicing Civil Engineer and include levels reduced to Australian Height Datum (AHD) 

and full details of the hydraulic evaluation of the entire stormwater drainage system. The 

details shall be prepared in accordance with Council’s Stormwater Management Manual – 

Specification 9. 

82. A Works-as-Executed plan must be submitted to Canterbury City Council at the completion 

of the works, the plan must clearly illustrated dimensions and details of the site drainage 

and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. A 

construction compliance certification must be provided prior to the issuing of the 

Occupation Certificate to verify, that the constructed stormwater system and associate 

works has been carried out in accordance with the approved plan(s), relevant codes and 

standards. The required certification must be issued by an accredited professional in 

accordance with the accreditation scheme of the Building Professional Board issued 1 st 

March 2010. An appropriate instrument must be registered on the title of the property, 

concerning the presence and ongoing operation of the OSD system as specified in appendix 

7.5 of Council’s Stormwater Management Manual – Specification 9. 

83. A full width heavy duty vehicular crossing shall be provided at the vehicular entrance to the 

site, with a maximum width of 6 metres at the boundary line. This work to be carried out by 

Council or an approved contractor, at the applicant’s cost. The work is to be carried out in 

accordance with Council’s “Specification for the Construction by Private Contractors of: a) 

Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”. 

84. The applicant to arrange with the relevant public utility authority the alteration or removal 

of any affected services in connection with the development. Any such work being carried 

out at the applicant’s cost. 

85. The levels of the street alignment are to be obtained by payment of the appropriate fee to 

Council. These levels are to be incorporated into the designs of the internal pavements, 

carparks, landscaping and stormwater drainage. Evidence must be provided that these 

levels have been adopted in the design. As a site inspection and survey by Council is 

required to obtain the necessary information, payment is required at least 14 days prior to 

the levels being required. 

86. Driveways, parking and service areas are to be constructed or repaired in accordance with 

the appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic 

Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254- 

Segmental Paving; C255-Bituminous Microsurfacing. 

Page 183




(CONT.) 

87. The driveway grades shall be in accordance with Australian Standard AS 2890.1"Off-street 


88. All redundant vehicular crossings shall be replaced with kerb and the footpath reserve made 

good by Council or an approved contractor, at the applicant’s cost. The work is to be 

carried out in accordance with Council’s “Specification for the Construction by Private 

Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”. 

89. The reconstruction of the kerb and gutter along all areas of the site fronting Broughton 

Street is required. Work to be carried out by Council or an approved contractor, at the 

applicant’s cost. The work is to be carried out in accordance with Council’s “Specification 

for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, 

c) Concrete Kerb & Gutter”. 

90. The reconstruction of concrete footpath paving and associated works along all areas of the 

site fronting Broughton Street is required. Work being carried out by Council or an 

approved contractor, at the applicant’s cost. The work is to be carried out in accordance 

with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle 


LANDSCAPING 

91. Landscape works must be completed according to the approved Landscape Plan prepared 

by RFA Landscape Architects (Project No: 3092b, Drawing No: L-01, dated on 25 th May 

2012, and received by Council on 26 th June 2012) and with AUS-SPEC Specification 0257- 


consent. The landscaping is to be maintained at all times to the Council's satisfaction. 

92. The existing street tree, 1 x Eucalyptus saligna (Common Name: Sydney Blue Gum), 

growing in front of the development site on Broughton Street, must be retained and 

protected during construction. A Tree Protection Zone (TPZ) of 3m radius from the centre 

of tree trunk must be observed. Minimum 1.8 meters high chain mesh fencing (with 

standard 50mm pitch on 2400mm star pickets driven 600mm into the ground) must be 

erected around the perimeter of the TPZ within the natural verge (with no obstacles onto the 

footpath), prior to the commencement of any site works. A 600mm x 450mm prohibition 

sign stating ‘TREE PROTECTION ZONE – KEEP OUT’ should be attached to the fencing. 

The fencing is to be well maintained during construction. No building material storage or 

machinery activities shall be allowed to encroach within this TPZ. 

If pruning of existing street tree(s) is required as the site works progress, individual 

application for tree pruning work must be submitted to Council, and no pruning should be 

carried out prior to the approval is obtained. 

93. If excavations are required within the TPZ, this excavation shall be done by hand to expose 

any roots. Any roots under fifty (50) millimetres in diameter may be pruned cleanly with a 

sharp saw. If roots greater than fifty (50) millimetres in diameter are require to be removed, 

the Project Arborist must be contacted and consulted for recommendations prior to the 

pruning is carried out. Arborist’s supervision on site may be required. 

94. The Project Arborist is required to undertake at least four (4) site inspections during the 

construction phrase to ensure the existing street tree is properly protected. The application 

shall submit the four (4) certifications from the Project Arborist to Council or other 

Principal Certifying Authority once each inspection is completed in order to verify that 

retained trees have been correctly retained and protected as per the Conditions of Consent 

and Arborist’s recommendations. The inspections are required at such times as follows: 

94.1. At completion of the installation of tree protection measures and before the 

commencement of demolition works; 

Page 184




(CONT.) 

94.2. At completion of the demolition works; 

94.3. At mid point of the construction phrase; 

94.4. At completion of the construction phrase. 

95. Two (2) new street trees shall be provided on the nature strip adjoining the development in 

accordance with the approved Landscape Plan. The species is to be Tristaniopsis laurina 

(common name: Water Gum) and to be provided in 100 ltre container size. The planting of 

this tree is to be carried out upon the completion of construction by contractors in 

accordance with AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees. 

This document is available for purchase from Council. 


Specifying Trees: a guide to assessment of tree quality by Ross Clark (NATSPEC, 2003). 

The requirements for height, calliper and branch clearance for 100 litre street trees are as 

below table: 




100 litre 2.4 metres 50mm 1.5 metres 

97. Eucalyptus maculata (Spotted Gum) proposed in the planter beds near rear boundary shall 

be replaced by smaller tree species that have no invasive root systems. Auto-dripping 

irrigation systems must be installed to all the on-podium planting beds. The details of the 

irrigation system must be illustrated on the construction drawings prior to the issue of 


98. An automatic drip watering system is to be installed in common areas at the applicant’s 

cost. Details including backflow prevention device, location of irrigation lines and 

sprinklers, and control details are to be included on the amended Landscape Plan. The 

system is to be installed in accordance with the manufacturer’s specification. 

99. The landscaping is to be maintained at all times to the Council's satisfaction. 


100. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. 

Application must be made through an authorised Water Servicing Co-ordinator. Please 

refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au 

then the “e-developer” icon or telephone 13 20 92. Following application, a “Notice of 

Requirements” will be forwarded detailing water and sewage extensions to be built and 

charges to be paid. Please make early contact with the Co-ordinator, since building of 

water/sewer extensions can be time consuming and may impact on other services and 

building, driveway or landscape design. 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to 

occupation of the development/release of the final plan of subdivision. 









101.4. after the building work has been completed and prior to any occupation certificate 

being issued in relation to the building. 



Page 185




(CONT.) 


101.7. after the building work has been completed and prior to any occupation certificate 

being issued in relation to the building. 


development consent, if not carrying out the work as an owner-builder, must notify the 

principal contractor for the building work of any critical stage inspections and other 

inspections that are to be carried out in respect of the building work, as nominated in 

this development consent. 

To arrange an inspection by Council please phone 9789-9300 during normal office hours. 




WE ALSO ADVISE: 

104. This application has been assessed in accordance with the National Construction Code 

which took effect in New South Wales on 1 May 2011. 

105. Where Council is appointed as the Principal Certifying Authority, you will be required to 

submit Compliance Certificates in respect of the following: 

• Structural Engineering work 



• Glazing 

• Section J of the National Construction Code 


advance. 


1300 652 077 (with your street no./name, side of street and distance from the nearest cross 

street) for underground utility services information for any excavation areas. 

108. No variation to the approved design and external appearance of the building (including 

colour of materials) will be permitted without further approval. 




determined within 6 months of the date of this Notice of Determination and be 

accompanied by the relevant fee; or 

109.2. Appeal to the Land and Environment Court within 6 months after the date on which 

you receive this Notice of Determination, under Section 97 of the Environmental 

Planning and Assessment Act 1979. 


The Independent Hearing and Assessment Panel considered the application on 2 October 2012, and 

their recommendation is provided below. 

THAT Development Application DA-12/2012 be APPROVED in accordance with the 

recommendation of the Director City Planning, subject to the following amendments: 


“● Quantity and disposal methods for Asbestos and other hazardous materials.” 

2. Insert a heading “GENERAL” before condition 5. 

Page 186




(CONT.) 

3. Insert new conditions follows: 

“5.2 Presentation of the enclosed garbage bin area on the eastern boundary shall 

be softened by a landscaped roof (minimum 600mm soil depth). Details 

including appropriate planting and drainage into the sites approved drainage 

system are to be provided prior to the issue of the Construction Certificate. 

5.3 The design of blank facades and projecting podiums exposed to view must 

be adequately modulated and detailed to ensure a high quality appearance.” 

4. Amend condition 6 to delete “65 off street car parking spaces being provided in 

accordance with approved DA plans.” and replace with “A minimum of 63 off street 

car parking spaces to be provided” and then as per the proposed condition. 


“Finishes and materials, including the treatment of external walls, roofing, 

balcony balustrades, fences, windows and doors being in accordance with 

the details accompanying DA-12/2012, received by Council on 18 January 

2012 and prepared by CMT Architects. The approved design (including an 

element or details of that design) or materials, finish or colours of the 

building must not be changed so as to affect the external appearance of the 

building without the approval of Council.” 


7. Insert the following at the end of condition 28: 

“and in accordance with any requirements arising from condition 33.” 

8. Insert the following after the words “Interim Guidelines’” in condition 45: 

“(Proposed glazing will need to mitigate likely noise impacts from rail 

freight traffic. Further information is required showing the predicted internal 

noise levels calculated on spectral basis utilising the measured source level 

spectra from freight train pass-by and the predicted transmission loss spectra 

of the proposed glazing.)” 

9. Break up condition 47 as to create a new condition 47A as follows: 

“47. Given the possible likelihood of objects being dropped or thrown onto the 

rail corridor from balconies, windows and other external features (for 

example roof terraces and external fire escapes) that are within 20 metres 

and face the rail corridor, the applicant is required to install measures 

(awning windows, lourves, enclosed balconies, window restrictors etc) 

which prevent the throwing of objects onto the rail corridor. These measures 

are to comply with Railcorp requirements. The PCA is not to issue the 

Construction Certificate until it has confirmed that these measures are to be 

installed and have been indicated on the Construction Certificate drawings. 

47A. Prior to the issue of the Construction Certificate, the applicant is to provide 

Railcorp with a report from a qualified structural engineer demonstrating 

that all structural design of the development (and including any wall along 

the rail corridor boundary) satisfies the requirements of Australian Standard 

AS5100 (the report to assess a collision by a passenger train, loaded freight 

train and an R20 truck). The PCA is not to issue the Construction Certificate 

until it has received written confirmation from Railcorp that it has received 

this report and the PCA has also confirmed that the measures recommended 

in the engineers report have been indicated on the construction drawings.” 


“Five (5) of the dwellings are to be accessible/adaptable units.” 

Page 187




(CONT.) 

11. Amend condition 59 to read as follows: 

“For the benefit of persons with a vision impairment, all glazed doors or 

panels on the continuous accessible path of travel are required to have a 

transom or luminance strip at a height of between 900mm and 1100m above 

floor level. The strip is to be a minimum of 75mm in width for the full 

width of the door or panel and provide a luminance contrast to a minimum of 

30 per cent of its surroundings when viewed from either side of the door or 

panel.” 




accessible by the public, to deter graffiti offenders targeting the building and 

its perimeters.” 


“All access points to the building, including the car parking area, lifts and 

stairs are to be well lit and restricted to residents via a security system. 

Visitor access including to visitor car parking spaces is to be available via an 

intercom system. Details shall be provided with the application for the 

Construction Certificate.” 

14. Delete the second sentence in condition 64. 


“A security access door is to be provided at the main entrance off Broughton 

Street.” 

16. Delete conditions 95 to 97 and replace with the following: 

“95. Two (2) new street trees shall be provided on the nature strip adjoining the 

development in accordance with the approved Landscape Plan. The species 

is to be Tristaniopsis laurina (common name: Water Gum) and to be 

provided in 200 litre container size. The planting of this tree is to be carried 

out upon the completion of construction by contractors in accordance with 

AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees. 

This document is available for purchase from Council. 

96. All the tree supply stocks shall comply with the guidance given in the 

publication Specifying Trees: a guide to assessment of tree quality by Ross 

Clark (NATSPEC, 2003). The requirements for height, calliper and branch 

clearance for 200 litre street trees are as below table: 




200 litre 3.6 metres 60 mm 1.5 metres 

97. Auto-dripping irrigation systems must be installed to all the on-podium 

planting beds. The details of the irrigation system and discharge into the 

sites drainage system must be illustrated on the construction drawings prior 

to the issue of Construction Certificate.” 


“98. The following plant stock shall be pre-ordered, prior to issue of 

Construction Certificate or 3 months prior to the commence of landscape 

construction works, whichever occurs sooner, for the supply to the site on 

time for installation: 

Page 188




(CONT.) 

Botanical 

Name 

Common 

Name 

Page 189 

Container 

Size 

Amount Notes 



laurina 


99. 

Written confirmation of the order shall be provided to Council’s Landscape 

Architect (contact no: 97899438), prior to issue of any Construction 

Certificate. In addition to the details in the above table, the order 

confirmation shall include name, address and contact details of supplier; and 

supply date. 

The maintenance period for all the approved landscape works in public land 

must be set for minimum 52 weeks, and minimum 36 weeks for the 

landscape works in private areas. The Maintenance Schedules (for 36 and 52 

weeks) must be provided prior to the issue of Construction Certificate, 

including, but not limited to: 

99.1 Replacement strategy for failures in plant materials and built works, 

99.2 Maintenance schedule for watering, weeding and fertilizing during 

the establishment period.”



STRUCTURES AND CONSTRUCTION OF RESIDENTIAL FLAT 

BUILDING CONTAINING 42 DWELLINGS AND TWO LEVELS 

OF BASEMENT CAR PARKING 

FILE NO: 126/8D PT 3, 4 & 5 


WARD: EAST 


Applicant: 

Owner: 

Mecone Pty Ltd 

Ionrace Pty Ltd 

Zoning: Residential 2(c) under Canterbury Local Environmental Plan 

No.138 (Canterbury Precinct) 

Application Date: 23 December 2011, further information provided 31 January 2012, 

19 March 2012, 17 April 2012 and 26 June 2012 

Summary: 

• It is proposed to demolish the existing structures on site and the construct a five storey 

residential flat building containing 42 apartments with two levels of basement car 

parking at the abovementioned property. 

• The subject site is zoned Residential 2(c) under the relevant provisions of Canterbury 

Local Environmental Plan 138. The proposed development, defined as ‘multiple unit 




with these requirements. Issues of non-compliance are discussed in the body of the 

report. 

• The development application has been notified/advertised in accordance with the 

requirements of our Development Control Plan 32 – Notification Policy, during which 

time 17 submissions were received, including one petition with 44 signatures. Issues 

raised include effect on surrounding area, noise, pollution, traffic/street access, 

parking, disturbance of natural habitats, privacy, character of the area, density, public 

transport, overshadowing, crime, infrastructure, disturbance during construction, non 

compliances with DCP 55 and the location of the basement entrance. These matters 

are discussed in the body of the report. 


conditions. 



amendments. 

Page 190


8 BROUGHTON STREET, CANTERBURY; DEMOLITION OF STRUCTURES AND CONSTRUCTION OF 

RESIDENTIAL FLAT BUILDING CONTAINING 42 DWELLINGS AND TWO LEVELS OF BASEMENT CAR 

PARKING (CONT.) 




Report: 

Site Details 

The subject site is located on the western side of Broughton Street, opposite the intersection 

with John Street. The subject site has a frontage of 26.595 metres to Broughton Street and an 

area of 1821 square metres. The site is adjoined at the rear by the Bankstown Rail Line, to the 

north by a residential flat building and to the south by an industrial development which is the 

subject of a current Development Application for a residential flat development. A single 

level industrial building exists on the site, which has been used as a workshop and warehouse. 

Proposal 

The applicant is seeking permission to demolish the existing industrial building and construct 

a residential flat building, containing 42 dwellings. The proposal is five storeys in height and 

contains two levels of basement parking, providing 56 car parking spaces. 










Page 191





Development 


• Canterbury Development Control Plan 20 – Car Parking (DCP 20) 

• Canterbury Development Control Plan 29 – Crime Prevention Through Environmental 


• Canterbury Development Control Plan 37 – Energy Smart Homes (DCP 37) 

• Canterbury Development Control Plan 45 – Landscaping (DCP 45) 

• Canterbury Development Control Plan 48 – Waste Management (DCP 48) 

• Canterbury Development Control Plan 55 – Canterbury Town Centre & Riverfront 

Precinct (DCP 55) 

• Stormwater Management Manual – Specification 9 ‘A Guide to Stormwater Drainage 

Design’ 

• Canterbury Town Centre Development Contributions Plan. 

Assessment 



• Canterbury Local Environmental Plan 138 (Canterbury Precinct) 


138: Canterbury Precinct (CLEP138). The proposal is defined under CLEP 138 as 

multiple unit housing and is a permissible use within the zone. The proposal complies 

with the development standards of CLEP 138, as outlined in the table below: 


Height 18 – 21 metres 17.8m max Yes 

FSR 2:1 1.99:1 Yes 

As demonstrated in the table above, the proposal complies with the development 

standards of CLEP 138. 







Zoning R4 High Density Residential Residential Flat Building Yes 

Height 18 – 21 metres 17.8m max Yes 

FSR 2:1 1.99:1 Yes 




In accordance with Clause 86 of the SEPP, the proposal was referred to RailCorp for 

its consideration. On 6 June 2012 RailCorp granted its concurrence to the proposal, 

Page 192





subject to a number of conditions, which have been included within the 



Development 



buildings in NSW by addressing the following design principles: 

Context 

The residential flat development is consistent with the future character of the area and 

is a permissible use within the zone. Higher density residential development will be a 

characteristic of the area. 

Scale 


development which is encouraged for this area. The development achieves this by 

generally complying with the height plane and building envelope plans of Canterbury 

Local Environmental Plan 138 – Canterbury Precinct and Canterbury Town Centre 

and Riverfront Development Control Plan (DCP 55). 

Built Form 

The proposal achieves the built form objectives of the relevant Codes and Policies and 

is consistent with developments being proposed on adjoining properties. 

Density 

The proposed development has been designed to achieve the aims and objectives of 

the built form controls of DCP 55 and therefore represents an appropriate density for 

the site. 


The applicant has submitted a BASIX Certificate for the proposal, which demonstrates 

the proposal is satisfactory in terms of energy efficiency. 

Landscape 

A landscape plan, prepared in accordance with Council’s Development Control Plan 

45 – Landscape has been provided and demonstrates a satisfactory landscaped area 

will be provided which includes significant common open space areas at ground level. 

Amenity 

The proposal achieves a satisfactory residential amenity with reasonable room size and 

shape, along with access to natural light and ventilation. 


The proposal has been reviewed in accordance with our Crime Prevention Through 

Environmental Design Policy (DCP 29) and is acceptable as it maintains natural 

surveillance, provides clear sight lines and has adequate security measures. 

Page 193






The proposed residential flat development will add to the range of dwelling size 

options and optimise the provision of housing to suit a range of social and affordability 

mix. 

Aesthetics 

The design of the proposal in terms of building envelope and building lines is 

consistent with the objectives of DCP 55 and with the desired character of the area. 

The applicant has submitted a statement from the project architect, Marchese Partners, 

which details the development's compliance with the design principles of the SEPP. In 

particular the scale, density, and built form of the development are appropriate to 

create an attractive and vibrant residential environment. The individual apartments 

provide a reasonable level of amenity for occupants. 


Department of Planning and Infrastructure. 


BASIX Certificate No.403177M accompanies this application. The Certificates make 

a number of energy and resource commitments in regard to landscaping, provision of a 

central hot water heating system, natural lighting and thermal comfort. These 

commitments have been shown on the DA plans, and satisfy the requirements of the 

SEPP. 





Multiple Unit 1 space per 1 bed dwelling (9 9 spaces Yes 

Development proposed) = 9 

1.2 space per 2 bed dwelling (33 

proposed) = 40 

39 spaces No 

Total = 49 

48 spaces No 

Visitor Parking 1 space per 5 dwellings = 8 spaces 8 spaces Yes 

Car Wash Bay 1 space 1 space Yes 

Bicycle Spaces 12 spaces 14 spaces Yes 

DCP 20 requires that car parking be provided at a rate of 1.2 spaces per 2 bedroom 

dwelling, with the 0.2 spaces to be provided as resident common parking. The 

proposed development is seeking a variation of one car parking space from the 

residential common parking requirements. 

Given that the variation of 1 resident common parking space is minor, and that the 

proposal will provide 8 visitor parking spaces in addition to the 6 resident common 

spaces, the proposal is acceptable. 

Page 194





A Traffic and Parking Assessment Report has been submitted detailing the 

development’s compliance with the Australian Standard for parking bay dimensions, 

turning circles, aisle widths and traffic generation. The Report concludes that the 

proposal is acceptable in terms of parking and traffic generation. 




Council’s Development Control Plan 29 – Crime Prevention Through Environmental 

Design (DCP 29), which aims to promote design as a genuine crime prevention 

strategy through three main principles, namely natural surveillance, access control and 

ownership. 

Standard Requirement Proposed Complie 

s 

Site & Address the street, or both The building and dwellings are Yes 

Building streets and corners orientated toward Broughton Street 

Layout 

which achieves natural surveillance 


windows at front of ensure windows front Broughton 

dwellings 

Street 

Access Access to the individual Each individual entry is to be Yes 

Control units be clearly marked and clearly numbered with the 

apparent to visitors dwellings accessible through that 

entry. 

Install intercom, code or Intercoms and controlled access Yes 

card locks or similar to measures to be installed at building 

main entries to buildings, entry points, including basement 

including car parks car park. 

Main entry door to be self Main entry doors are to be self Yes 

closing 

closing. Condition of consent 

recommended to ensure this 

(Condition 62). 

Ownership Dwellings and communal Sense of ownership achieved Yes 

areas to provide sense of through the use of design features, 

ownership 

including landscaping, building 

materials and site layout. 


surveillance pathways, stairwells, 

hallways and car parks. 

corners. 

Minimise That concealment points be The proposal eliminates 

Yes 

concealment eliminated. 

concealment points by controlling 

points 

access to the site. 

Page 195





It is considered that the above measures would significantly improve access control 

and surveillance of the site. In this regard, the proposed development, subject to 

compliance with conditions recommended, satisfies the CPTED requirements of DCP 

29. 






2 hours solar access to 50% or Development provides the opportunity for a Yes 

35m2 (Whichever is the lesser) of minimum of 2 hours solar access to all areas of 

adjoining ground floor private open private open space between 9.00am and 3.00pm 

space between 9.00am and 3.00pm on 21 June for future residential developments 

on June 21. 

occurring at 6 Broughton St. No overshadowing 

impacts to 10 Broughton Street 

One living room window (of the The proposal allows the opportunity for future Yes 

adjoining property) is to receive 2 residential developments to receive 2 hours 

hours sunlight between 9am and sunlight between 9am and 3pm on June 21 to 

3pm on June 21. 

living room windows. 

As demonstrated in the table above, the proposal complies with the solar access 




Development Control Plan 45 – Landscaping. 



should the application be approved. This will require that a number of trees which are 

removed to accommodate the development be replaced with suitable species. 



Development Control Plan 48 – Waste Management (DCP 48). The DCP requires 

consideration of the design and location of waste management facilities on site. 

The development application and associated documentation, including Waste 

Management Plan were referred to our Waste Services Coordinator for comment. The 

proposed development in its current form complies with the requirements of DCP 48 

in that the bin presentation area will be within 15 metres of the kerb to allow for 

collection in accordance with current waste management contracts. A condition of 

consent has been recommended to ensure that the appropriate number of bins can be 

accommodated within the bin presentation area. 

Page 196





• Development Control Plan 55 – Canterbury Town Centre & Riverfront Precinct 

(DCP 58) 

The proposed development has been assessed in accordance with Private Domain 

requirements of DCP 55 and compares with the criteria of the Code, as outlined in the 

table below: 


Site 6 and 8 Broughton Street to Applicant has followed No 

Amalgamatio be amalgamated for 

principles of the Land and 

n 

redevelopment 

Environment Court in 

demonstrating that reasonable 

attempts have been made to 

amalgamate the sites which has 

not been achieved. This is 

further addressed below. 

Orientation Position and orientate Building is orientated in Yes 

buildings to maximise north accordance with the building 

facing walls 

envelope control of DCP 55. 

Provide adequate building Adequate building separation Yes 

separation within the provided to ensure the 

development and to adjacent development proposed on 

buildings 

adjoining property achieves 

solar access and ventilation 

requirements. 

Align buildings to the street Building aligns to required Yes 

on the east west frontages setback on Broughton Street 

Use courtyards, L Shaped Courtyards provided on ground Yes 

configurations and increased level and centrally located 

setbacks to northern communal open space area 

boundaries on north-south provided to maximise solar 

streets. 

access 

Optimise solar access to Where possible, living areas are Yes 

living spaces by orientating 

them to the north where 

possible 

orientated to the north. 

Building Locating entries so they relate Accesses are designed to relate Yes 

Entry & to the existing street and to the pedestrian access network 

Pedestrian subdivision pattern, street tree from Broughton Street. 

Access planting and pedestrian 

access network. 

Designing the entry as a Main entrance is a clearly Yes 

clearly identifiable element of identifiable element of the 

the building in the street. development 

Page 197






Designing multiple entries Multiple entries provided with a Yes 

that include main common main entrance being provided 

entry plus separate private 

ground floor apartment 

entries where it is desirable to 

activate the street edge or 

reinforce a rhythm along the 

street. 

from Broughton Street. 

Ensure equal access for all. Development to comply with the 

Premises Standard (Condition 

1.1). Ramp provided at main 

entrance point and circulation is 

maintained throughout the site. 

Yes 

Provide safe and secure All access points are safe and Yes 

access that includes clear secure, providing adequate sight 

sight lines between one distances/visibility. A condition 

circulation space to the next (Condition 5.1) imposed 

and adequate well lit and regarding the installation of 

highly visible spaces to enter 

the building, meet and collect 

mail. 

letter boxes 

Separate the entry points for Separate entrance points Yes 

pedestrians and vehicles. provided for pedestrians and 

Within mixed-use 

developments it may be 

desirable to separate the entry 

points between residential 

and commercial/retail uses. 

vehicles. 

Integrate vehicular ramps Ramp to basement is integrated Yes 

where necessary into the 

overall landscape and 

building design to the rear or 

side streets where possible. 

into the design 

Design entries and associated Sufficient space provided for the Yes 

spaces appropriately for the 

transporting of furniture. 

transporting of furniture. 

Provide and design for Mailboxes are appropriately Yes 

discretely located mailboxes screened from public domain 

that do not cause a visual areas and will comply with 

blight when viewed from 

outside. 

Australia Post Design Standards. 

Design ground floor Ground floor apartments have Yes 

apartments to be accessible private open spaces. Individual 

from the street and to have entrances to ground floor 

clearly articulated private apartments provided where 

open spaces associated with possible, which assists in 

these apartments. 

providing desired streetscape. 

Page 198






Provide boundary definition Boundary definition provided Yes 

by construction of an open through landscaping and 

fence or hedge to the street 

boundary 

courtyard elements. 

Provide quality accessible Accessible pedestrian routes Yes 

routes to public and semi throughout development are 

public areas including entries, 

lobbies, communal open 

space, site facilities, - 

carparks, etc. 

provided. 

Vehicle Ensure that pedestrian safety Vehicular entrance and Yes 

Access is maintained by minimising 

the potential for vehicular and 

pedestrian conflict. 

pedestrian paths are separated. 

Ensure adequate separation Entrance to basement is located Yes 

between vehicle entries and to the north of Broughton and 

street intersections. 

John Streets intersection 

Optimise opportunities for Contributes to desired 

Yes 

active street frontages and 

streetscape design 

streetscape 

Improve the appearance of Entrance to basement is Yes 

car parking and service 

entries 

integrated into the overall design 

Parking & Parking to be in basement Basement parking proposed with Yes 

Servicing with entrance located at basement entrance at northern 

northern end of site 

end of site 

Limit the number of visitor All car parking provided within Yes 

parking spaces on-site, 

particularly in small 

developments where the 

impact on landscape and open 

space is significant. 

basement. 

Provide underground parking 


Basement provided Yes 

A basement podium should 

not protrude more than 1.5m 

above existing ground level 

or natural terrain except 

where it forms a barrier to 

1:100 year flood events (in 

which case it may protrude to 

the 1:100 year flood level 

+0.5m). 

1.4m max Yes 

Ensure resident/visitor Lift access provided to all levels Yes 

parking has safe and efficient 

lift access. 

of basement parking 

Page 199






Provide secure bicycle Bicycle parking provided within Yes 

parking which is easily basement and is easily accessible 

accessible from ground level, 

from apartments and other 

uses. 

to all residents 

Deep Soil A minimum of 15 percent of 50% of communal open space Yes 

Zones the communal open space 

area of a site, with minimum 

dimension of 3m, is to be a 

deep soil zone. 

area to be deep soil zone. 

Optimise the provision of Deep soil zone consolidated into Yes 

consolidated deep soil zones 

within Urban Residential by 

the design of basement and 

sub-basement car parking 

within the building footprint 

and the use of setbacks where 

possible. 

one area. 

Optimise the extent of deep Deep soil zone provided along Yes 

soil zones beyond the site rear boundary which will adjoin 

boundaries by locating them 

contiguous with the deep soil 

zones of adjacent properties 


deep soil zones of adjoining sites 

Promote landscape health by Landscaping provides variety in Yes 

supporting a rich variety of 

vegetation type and size. 

terms of vegetation type. 

Increase the permeability of 

paved areas by limiting the 

area of paving and/or using 

pervious paving materials. 

Paving is limited where possible. Yes 

Planting on Design planters to support the Proposed landscaping/plantings Yes 

Structures appropriate soil depth and 

plant selection 

is suitable to soil depths. 

Stormwater Reduce the impact of On-site detention provided Yes 

Management stormwater volumes on 

existing infrastructure by 

providing on-site detention 

and retention where possible. 


Protect stormwater quality Stormwater quality is protected. 

Adequate methods of treatment, 

including biofiltration provided. 

Yes 

Page 200






Communal In the case of sole residential 27.2% of site area (496 square Yes 

Open Space usage, provide communal metres) provided as communal 

open space at a minimum of 

25 percent of the site area. If 

this cannot be achieved, 

demonstrate that residential 

amenity is improved in the 

form of increased private 

open space. 

open space 

Facilitate the use of 

Communal open space designed Yes 

communal open space for the to be functional and provide are 

desired range of activities for passive recreation. 

Private Open Provide a minimum area of 

Space 25m 2 Ground floor units generally 

private open space for achieve total area of 25m 

each apartment at ground or 

podium level; the minimum 

dimension in any one 

direction is 4 metres. 

2 No 

. 

Minimum dimension of 4 metres 

is not achieved for dwelling 

G.06. This is discussed below in 

this report 

Provide private open space Areas of private open space Yes 

for each apartment capable of enhance the amenity of each 

enhancing residential 

amenity, in the form of 

balcony, deck, terrace, 

garden, yard, courtyard 

and/or roof terrace. 

dwelling 

Provide private open space in 

a form of balcony terrace or 

similar with a minimum of 

8m 2 or 10m 2 Minimum private open space Yes 

(depends on 

dwelling size) with a 

minimum dimension of 2m. 

area and dimensions achieved. 

Landscape Improve the amenity of open Landscaped open space provides Yes 

Design space with landscape design a reasonable level of amenity 

Improve the energy efficiency Landscaping contributes to the Yes 

and solar efficiency of energy efficiency of the overall 

dwellings and the 

development and allows 

microclimate of private open maximum solar access to private 

spaces. 

open space areas and dwellings. 

Design landscape which Landscaping is designed to Yes 

contributes to the site’s reflect the sites location and 

particular and positive 

characteristics. 

provides a buffer to the rail line 

Contribute to water and storm Landscaping includes 

Yes 

water efficiency by 

stormwater management 

integrating landscape design 

with water and stormwater 

management. 

controls 

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Provide a sufficient depth of Landscaping is appropriate to Yes 

soil above paving slabs to 

enable growth of mature 

trees. 

soil depths. 

Minimise maintenance by Landscaping designed to Yes 

using robust landscape 

elements. 

minimise maintenance 

Fences & Respond to the identified Walls provide clear definition of Yes 

Walls architectural character for the private verse public areas. 

street and/or the area. Provision has been made for 

Generally the front fence articulation within the 

height to be 1.2 metres walls/fencing to achieve desired 

streetscape while maintaining 

privacy to ground level private 

open space areas. Front fence 

height generally a 1.2 metres 

Clearly delineate the private Walls provide clear definition of Yes 

and public domain without private verse public areas. 

compromising safety and Proposal complies with CPTED 

security 

principles. 

Contribute to the amenity, Proposal contributes to the Yes 

beauty and useability of amenity and beauty of open 

private and communal open space areas through the use of 

spaces 

terraces and links to the open 

space areas 

Retain and enhance the The amenity of the public Yes 

amenity of the public domain domain is enhanced through the 

proposed design and public 

domain works which will be 

undertaken as a result of this 

development 

Visual Locate and orient new Proposal is orientated as per the Yes 

Privacy development to maximise building envelope requirements 

visual privacy between of DCP 55, which maximises 

buildings on site and adjacent privacy between buildings while 

buildings 

taking advantage of sites 

orientation. 

Design building layouts to Building layout provides privacy Yes 

minimise direct overlooking 

of rooms and private open 

spaces adjacent to apartments 

to areas of private open space 

Use detailed site and building Privacy is achieved through Yes 

design elements to increase building layout and orientation, 

privacy without 

as established by DCP 55. This 

compromising access to light 

and air. 

does not impact on solar access 

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Safety Reinforce the development Proposal clearly defines Yes 

boundary to strengthen the boundaries between public and 

distinction between private private domain areas. This is 

and communal space. This achieved through level changes, 

can be actual or symbolic. materials and controlled access 

Optimise the visibility, Building entrances to be visible Yes 

functionality and safety of 

building entrances 

and functional 

Improve the opportunities for Proposal encourages the use of Yes 

casual surveillance 

the communal open space area, 

which increases casual 

surveillance within the 

development. Development also 

provides natural surveillance to 


Minimise opportunities for Proposal is designed with Yes 

concealment 

minimal concealment points. 

Control access to the Access to the development is to Yes 

development 

be controlled via security access 

system. 

Building Building to front Broughton Proposal fronts Broughton Street Yes 

Envelope Street with open space and provides more open space at 

adjoining rail line 

the rear of the site adjoining the 

rail line than required by DCP 

55 

Building 

Height 

Mixture of 5 and 6 storeys 5 storeys Yes 

Building 

Depth 

18 metres 18 metre building depth Yes 

Building Up to 4 storeys = 12m min Proposal has a side setback of 3 No 

Separation Over 5 storeys = 18m metres for walls with windows 

up to 5 storeys. This will be 

discussed in the report below. 

Street Built to site boundary Garden setback proposed with Yes 

Setback 

wall provided at boundary 

Floor Space 

Ratio 

2:1 1.99:1 Yes 

Building Provide a variety of 

Proposal includes a range of Yes 

Configuratio apartment types including apartment types, including one 

n 

studio, one, two, three and bedroom + study, two bedroom 

three plus-bedroom 

apartments. 

and two bedroom + study 

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Locate a mix of accessible Two bedroom accessible Yes 

one-, two- and three-bedroom dwellings located on the ground 

apartments on the ground 

level for people with 

disabilities, elderly people 

and families with children. 

floor 

10% of residential units in 5 units (12%) are adaptable and Yes 

each building with more than Condition 1.1 requires these 

30 units should be accessible apartments to comply with the 

and adaptable apartments. Premises Standard 

Façade Compose facades with an Façade provides an appropriate Yes 

Treatment appropriate scale, rhythm and scale and contributes desired 

proportion which respond to character. Proposal achieves 

the building’s use and the this through use of articulation 

desired contextual character and variation in materials 

Design facades to reflect the Facades reflect orientation of Yes 

orientation of the site using building. Proposal maximises 

elements such as sun shading 

devices, light shelves and bay 

windows. 

solar aspect and access to vistas. 

Co-ordinate and integrate Building service coordinated Yes 

building services, such as 

drainage pipes, with overall 

façade and balcony design. 

into façade. 

Co-ordinate security Security grills/screens, 

Yes 

grills/screens, ventilation ventilation louvres and carpark 

louvres and carpark entry entry doors are designed so as to 

doors with the overall façade 

design. 

maintain the façade design. 

Integrate the design of garage Basement entrance is located as Yes 

entries with the building per parking and servicing 

façade design, locating them 

on secondary streets where 

possible. 

requirements of DCP 55 

Articulation Buildings should generally Buildings achieve a street Yes 

have a street facade: base, façade, base, middle and upper 

middle and top. 

through the use of articulation 

and changes in materials. 

The design of the street The street façade is emphasised Yes 

facade, including the quality through strong vertical elements 

and durability of its materials, with particular emphasis on 

should be emphasised. depth. Materials of a high 

quality and are durable 

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The street facade will in all Vertical emphasis is provided Yes 

cases have a strong sense of with appropriate modulation 

verticality, emphasised on the through the use of varying 

ground floor by modulation at 

intervals of 6-8 metres with 

some variation. Frontage 

types and other ground floor 

treatments are dealt with 

subsequently. Modulation 

above the ground floor, 

however, may take the form 

of party walls, small bays, as 

well as variations in materials 

and colours. 

materials and external finishes 

The street facade modules Street façade is not read as a Yes 

should have some variation in continuous line due to 

height and not be read as a modulation and vertical 

continuous line on any one 

street. They will vary 

between 2-4 storeys, stepback 

to the ‘middle’ 

component and again at the 

‘top’. 

elements. 

A visual finish using The design of the building Yes 

expressed eaves, cornice or creates shadow lines and visual 

parapet elements with shadow 

lines is desirable. 

interest 

Above the ground floor, on A high ratio of balconies are Yes 

public realm frontages, orientated toward public realm 

balconies and voids should frontages, however this achieves 

not dominate facades. This is casual surveillance 

to be controlled by a void to requirements. The use of a 

solid ratio requirement in the variety of patterns, materials and 

vicinity of 50% with each architectural elements modulate 

facade measured 

the façade, creating interest and 

independently. 

reducing the visual dominance 

of balconies 

No blank walls to the public No blank walls to the public Yes 

realm. 

realm 

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Balconies should generally be Balconies are proposed to take Yes 

used in moderation and shall advantage of the site location, 

be integrated into the overall solar aceess and are required to 

composition of the facade. satisfy the private open space 

They should not be 

requirements of DCP 55. The 

implemented in a 

design of the balconies and 

monotonous or repetitive materials reduces the 

configuration. This pertains monotonous configuration. 

to both recessed and Proposal involves masonry 

cantilevered balconies. balustrades to emphasise 

Balconies may have masonry 

or metal balustrades. The 

latter should generally have a 

separation of the grilles and a 

handrail. 

building elements. 

The majority of windows Majority of windows are to be Yes 

shall be rectangular. Square, 

circle and semi-circle 

windows are permitted but 

should be used in moderation. 


Garden The majority of the building Building wall is setback 4 Yes 

Setback is setback 4-6m from the metres, with private courtyard 

Frontage front property boundary provided to front boundary, as 

creating a garden area/terrace 

for ground floor residential or 

live/work apartments. The 

front boundary is suitably 

defined. 

per requirements of DCP 55. 

Roof & Relate roof design to the Roof design is consistent with Yes 

terraces desired built form and or the desired built form and 

context. 

context of the area 

Design the roof to relate to Roof design and parapet relates Yes 

the size and scale of the 

building, the building 

elevations and 3D building 

form. This includes the 




to size and scale of the buildings 

Design roofs to respond to the Roof responds to orientation of Yes 

orientation of the site, for the site, assists in achieving 

example, by using eaves and 

skillion roofs to respond to 

sun access. 

solar access requirements. 

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Integrate service elements Service elements are integrated Yes 

into the design of the roof. into the roof design and are 

These elements include lift located so as not to create any 

over-runs, service plants, impacts on adjoining properties 

chimneys, vent stacks, with minimal vision from public 

telecommunication 

infrastructure, gutters, 

downpipes and signage 

domain areas 

Facilitate the use or future use Roof is capable of supporting Yes 

of the roof for sustainable future sustainable energy options 

functions 

such as solar panels 

Balconies & Larger apartments (2 Where possible, larger 

Yes 

Private bedroom or larger) should apartments provide primary and 

Courtyards provide primary and secondary private open space 

secondary private open space. areas. This is not always 

The combined area of private possible due to privacy issues. 

open space should be a The total area of each private 

minimum of 10% of the open space is at a minimum 10% 

dwelling floor space. of unit floor area. 

Primary balconies for onebedroom 

apartments are to 

have a minimum area of 8 m 2 

. Primary balconies for two 

and three bedroom 

apartments are to have a 

minimum area of 10m 2 One bedroom = 8m 

. 

2 minimum 

Two bedroom = 10m 2 Yes 

minimum Yes 

Primary balconies are to be Primary balconies are accessible Yes 

located adjacent to the main from living areas, with minimum 

living areas, such as living 

room, dining room or kitchen 

to extend the dwelling living 

space and proportioned to be 

functional and promote 

indoor/outdoor living. A 

dining table and two to four 

chairs should fit on the 

majority of balconies in any 

development. A minimum 

depth of 2m is required. 

dimension of 2 metres. 

Design and detail balconies in Balconies are designed to suit Yes 

response to the local climate local climate and site 

and context. 

orientation. 

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Ground Floor Design front gardens or Ground floor apartments achieve Yes 

Apartments terraces to contribute to the the desired streetscape 

spatial and visual structure of appearance and maintain privacy 

the street while maintaining 

privacy for apartment 

occupants. 

for occupants 

Promote housing choice Variation in apartment sizing 

provided 

Yes 

Increase opportunities for Solar access to ground floor Yes 

solar access in ground floor 

units, particularly in denser 

areas 

apartments is maximised. 

Encourage ground floor units Access to ground floor 

Yes 

with direct access from apartments encourages passive 

semiprivate/ communal surveillance due to communal 

courts to engender passive 

surveillance and communal 

interaction. 

interaction 

Visual All new developments must Proposal has been reviewed by Yes 

Privacy and comply with Railcorp Railcorp, who have granted their 

Acoustic Guidelines - “A Guide to concurrence to the proposal 

Separation Working in and Around Rail 

Corridor” and requirements 

of the Rail Infrastructure 

Corporation and State Rail 

Authority “Interim 

Guidelines for Applicants - 

Consideration of Rail Noise 

and Vibration in the Planning 

Process”. 


Use detailed site and building Building orientation has been Yes 

design elements to increase established to increase privacy to 

privacy without 

compromising access to light 

and air. 

individual apartments 

Daylight For 3 or more storey 75% of dwellings receive at least Yes 

Access developments, provide at 2 hours solar access between 

least 75% of residential 9.00am and 3.00pm in mid 

apartments with at least 2 

hours of sunlight to living 

room and private open spaces 

between 9.00 am and 3.00 pm 

in mid-winter. 

winter. 

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Limit the number of single- No dwellings have a single Yes 

aspect apartments with a 

southerly aspect to a 

maximum of 10 percent of 

the total units proposed. 

southerly aspect 

Design for shading and glare Proposal allows for shading and Yes 

control, particularly in 

summer 

screening from elements. 

Natural Plan the site to promote and Proposal achieves compliance Yes 

Ventilation guide natural breezes with SEPP 65 for ventilation. 

Limit residential building Building depth 18m glass line to Yes 

depth to 18 metres glass line 

to glass line to support natural 

ventilation. 

glass line. 

Utilise the building layout Building layout provides Yes 

and section to increase ventilation to individual 

potential for natural 

ventilation 

dwellings. 

Design the internal apartment Apartments are generally open Yes 

layout to promote natural plan living areas with access to 

ventilation 

private open space areas to 

promote natural ventilation 

A minimum of 60% of 62% of apartments to be cross Yes 

residential apartments are to 

be naturally ventilated by 

utilising cross ventilation. 

ventilated. 

A minimum of 25% of 33% of kitchens are to be Yes 

kitchens within a 

naturally ventilated due to open 

development are to be 

naturally ventilated 

plan living 

Select doors and operable Sliding doors and operable Yes 

windows to maximise natural windows to allow natural and 

ventilation opportunities 

established by the apartment 

layout. 

cross flow ventilation. 

Energy All heating/cooling devices BASIX Certificate provided Yes 

Efficiency used are to comply with indicating that the proposal 

BASIX. 

satisfies the energy efficiency 

targets. 

Incorporate passive solar Proposal includes passive solar Yes 

design techniques to optimise design techniques. Proposal 

heat storage in winter and complies with the thermal 

heat transfer in summer comfort commitments of the 

BASIX Certificate. 

Improve the control of space The proposal achieves 

Yes 

heating and cooling 

compliance with BASIX targets 

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Provide or plan for future Solar energy systems may be Yes 

installation of solar collectors provided on roof tops in the 

and photovoltaic panels. future without impacting on the 

amenity of adjoining properties. 

Reduce reliance on artificial Proposal provides apartments Yes 

lighting 

with satisfactory access to 

natural lighting. 

Maintenance Design windows to enable Windows to be accessible to Yes 

cleaning from inside the occupants of each individual 

building, where possible. apartment for cleaning. 

Incorporate and integrate Building maintenance systems Yes 

building maintenance systems incorporated into the design 

into the design of the building 

form, roof and façade. 

without impacting on the façade. 

Select durable materials, Proposed materials are durable Yes 

which are easily cleaned and and consistent with residential 

are graffiti resistant. development. 

Select appropriate landscape Landscaping is appropriate to Yes 

elements and vegetation and site and desired character. 

provide appropriate irrigation 

systems 

Irrigation can be provided. 

For developments with Space for garden maintenance Yes 

communal open space, and storage available within 

provide a garden maintenance 

and storage area, which is 

efficient and convenient to 

use and is connected to water 

and drainage. 

basement. 

As demonstrated in the table above, the proposal complies with the requirements of 

DCP 55 with exceptions which are discussed below in more detail. 

Site Amalgamation 

Clause 4.1.1 of DCP 55 requires that development within the precinct be carried out in 

accordance with the site consolidation plan, as identified below: 

6 & 8 

Broughton 

Street to be 

amalgamated 

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This consolidation plan requires the site identified as 6 Broughton Street to be 

consolidated with the subject development site for redevelopment. 

Given that the proposed development does not comply with the site amalgamation plan 

of DCP 55, the proposal has been considered against the Planning Principles 

established by the Land and Environment Court in relation to isolated sites. It is noted 

that 6 Broughton will not be isolated as such, as some form of residential development 

is possible. Regardless, the following principles have been considered as a guide: 

1. Is amalgamation of the sites feasible? 

The principles to be applied in determining the answer to the first question are 

set out by Brown C in Melissa Grech v Auburn Council [2004] NSWLEC 40. 

The Commissioner said: 

Firstly, where a property will be isolated by a proposed development and that 

property cannot satisfy the minimum lot requirements then negotiations between 

the owners of the properties should commence at an early stage and prior to the 

lodgement of the development application. 

Secondly, and where no satisfactory result is achieved from the negotiations, the 

development application should include details of the negotiations between the 

owners of the properties. These details should include offers to the owner of the 

isolated property. A reasonable offer, for the purposes of determining the 

development application and addressing the planning implications of an isolated 

lot, is to be based on at least one recent independent valuation and may include 

other reasonable expenses likely to be incurred by the owner of the isolated 

property in the sale of the property. 

Thirdly, the level of negotiation and any offers made for the isolated site are 

matters that can be given weight in the consideration of the development 

application. The amount of weight will depend on the level of negotiation, 

whether any offers are deemed reasonable or unreasonable, any relevant 

planning requirements and the provisions of s 79C of the Environmental 

Planning and Assessment Act 1979 

With respect to the first question, 6 Broughton Street, is occupied by an industrial 

building/use. It has a site area of approximately 1185m 2 . It will not be “isolated” as a 

result of the proposed development, however it will not achieve the desired lot size to 

allow maximum development potential. 

On this basis, the applicant engaged Landmark White to carry out a valuation of 6 

Broughton Street. The valuation identified a value of $2,660,000.00. An offer of 

$3,000,000.00 plus GST was made to the owner of the site prior to the lodgement of 

this Development Application. The offer was refused. 

Details of the valuation and negotiations have been provided with this application. 

Page 211





The offer to purchase 6 Broughton Street is considered to be reasonable and weight 

can therefore be given to this offer in considering the subject application. It is noted 

that the owner of 6 Broughton Street has expressed their desire to develop their land 

independently and has since lodged a Development Application for a residential flat 

building, which is under consideration. 

2. Can orderly and economic use and development of the separate sites be 

achieved if amalgamation is not feasible? 

In the decision Cornerstone Property Group Pty Ltd v Warringah Council [2004] 

NSWLEC 189, Commissioner Tuor extended the principles of Brown to deal with the 

second question and stated that: 

The key principle is whether both sites can achieve a development that is 

consistent with the planning controls. If variations to the planning controls 

would be required, such as non compliance with a minimum allotment size, will 

both sites be able to achieve a development of appropriate urban form and with 

acceptable level of amenity. 

To assist in this assessment, an envelope for the isolated site may be prepared 

which indicates height, setbacks, resultant site coverage (both building and 

basement). This should be schematic but of sufficient detail to understand the 

relationship between the subject application and the isolated site and the likely 

impacts the developments will have on each other, particularly solar access and 

privacy impacts for residential development and the traffic impacts of separate 

driveways if the development is on a main road. 

The subject application may need to be amended, such as by a further setback 

than the minimum in the planning controls, or the development potential of both 

sites reduced to enable reasonable development of the isolated site to occur 

while maintaining the amenity of both developments. 

In regard to this question, both sites have the potential in terms of site areas and 

frontages to provide a development which is consistent with the desired urban form. It 

is noted that both proposals, this Development Application and Development 

Application 165/2012 for 6 Broughton Street are seeking variations to building 

separation requirements, however as both proposals generally comply with solar 

access and ventilation requirements, an acceptable level of amenity is provided. 

Having considered this Planning Principle, it would be unreasonable to prevent 

development of the subject site due to these factors and given that the variation to the 

amalgamation plan will not have any significant negative impacts on the adjoining 

property, the proposal is acceptable in this regard. 

Private Open Space 

In accordance with Clause 4.1.9 of DCP 55, each of the ground floor apartments is to 

have 25 square metres of private open space, with a minimum dimension of 4 metres 

in any one direction. 

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The proposal provides eight apartments at ground floor level, seven of which achieve 

the minimum dimensions as set out by DCP 55. 

However, due to the configuration of the terraced area for apartment G.06, located at 

the rear of the development, this private open space area does not achieve compliance 

with the 4 metre minimum dimension requirements, rather, 18 square metres of the 

balcony will have a minimum dimension of 3 metres. In considering this non 

compliance it is noted that the terrace is an “L” shape configuration, which makes it 

difficult to provide a 4 metre width, but achieving solar access and cross flow 

ventilation, thereby increasing the amenity of the apartment. It is also noted that this 

apartment has direct access to the communal open space at the rear of the site. 

For these reasons, and given that the non-compliance relates only to one apartment, 

the variation is supported in this instance. 

Building Separation 

The building separation requirements of DCP 55 require that buildings up to four 

storeys in height have a separation distance of 12 metres, with the fifth storey 

component to have an 18 metre separation. Therefore, it is reasonable to assume that 

the proposal should provide a 6 metre side setback for the component of the 

development up to four storeys and a 9 metre setback for the fifth floor from the 

southern side boundary with 6 Broughton Street. 

The applicant is seeking a variation to these requirements and is proposing a side 

setback of 3 metres. 

In considering this variation, it is noted that if 6 and 8 Broughton Street were to be 

consolidated for redevelopment, as suggested by the site amalgamation plan within 

DCP 55, the building separation requirements would not be applicable. 

These numerical controls have been drawn from the Residential Flat Design Code, 

which is aimed to ensure that an appropriate level of amenity is provided within 

developments, including ventilation and solar access. In this regard, the applicant has 

demonstrated that the proposed building separation allows the appropriate level of 

solar access and ventilation to the development at 6 Broughton Street, thereby 

achieving the objectives behind rules of thumb of the Residential Flat Design Code. 

It is also noted that if 6 and 8 Broughton Street were developed as the one site, there 

would be a continuous building front to Broughton Street. Therefore, the reduced 

building separation does not have a significant negative impact on the desired 

streetscape. 

• Stormwater Management Manual – Specification 9 ‘A Guide to Stormwater 

Drainage Design’ 

The proposed development and accompanying engineering drawings have been 

reviewed by Council’s Development Engineer who has found that the proposal 

Page 213





complies with the requirements of our Stormwater Management Manual. Conditions 

regarding stormwater management have been recommended. 

• Canterbury Town Centre Development Contributions Plan 

Significant upgrades of the existing infrastructure are necessary to sustain the scale of 

urban renewal envisaged for the Canterbury Town Centre. Accordingly, the main 

purpose of this Plan is to enable reasonable contributions to be obtained from 

development for the provision of new and augmented local infrastructure that will both 

benefit and be required for the proposed development. 

Residential flat developments are identified as increasing demand for local 

infrastructure and are therefore subject to a contribution. 

The Plan requires a contribution of $149.59 per square metre of gross floor area. 

The proposed development has a gross floor area of 3640 square metres, which 

requires a contribution of $544,507.60. 

On this basis, a condition has been included within the recommendation requiring the 

applicant to pay a contribution of $544,507.60. 

Referrals 

• Fire Safety and Building Related Comments 

The development application has been accompanied by a National Construction Code 

Assessment Report prepared by DixGardner Pty Ltd. The report concludes that the 

proposed development is capable of satisfying the provisions of the National 

Construction Code subject to the certain aspects being complied with at Construction 

Certificate stage. The development application and accompanying NCC report were 

referred to Council’s Team Leader Building for comment and no objections were 

raised to the proposal in principle subject to certain conditions being included as part 

of any development consent issued. 



proposal does not have any significant issues in terms of traffic flow and generation. 

However, existing at the front of the site is a speed hump across Broughton Street. 

The location of the speed hump is in line with the location of the proposed driveway of 

the development and will therefore require relocation at the applicant’s cost. For this 

reason, a condition to this effect has been imposed. 

Notification 

The development application was publicly exhibited and all adjoining owners and occupiers 

were notified of the proposed development, in accordance with the provisions of Council’s 

Development Control Plan 32 - Notification Policy, on 25 January 2012 for 21 days. 

During the notification period, 17 submissions were received, including one petition with 44 

signatures. Eleven of the submissions were in the form of a standard submission where 

residents were required to mark the issues which they were objecting to. 

Page 214





The issues arising from the notification period have been addressed below: 

• Effect on Surrounding Area 

Concerns have been raised that the proposal will have a negative effect on the 


Comment 

The subject site has a residential land use and high density residential development is 

permitted and anticipated by the adopted planning controls. The proposed 

development is consistent with the provisions of all applicable codes and policies and 

is unlikely to create any significant impacts on the surrounding area. It should be 

noted that the proposal will provide a significant number of benefits to the community 

including the provision of upgrades to the public domain within the Canterbury Town 

Centre and Riverfront Precinct. 

• Noise 

Concerns have been raised that the proposal will lead to increased noise pollution to 

the surrounding area 

Comment 

Given the residential nature of the proposed development, it is unlikely that there will 

be any significant impacts by way of noise generation. It is noted that the Bankstown 

Rail Line adjoins the site at the rear and as a result it is highly unlikely that any noise 

impacts created through this development would exceed/increase those currently 

experienced on the subject site and those surrounding. 

• Pollution 

Concerns have been raised that the proposal may lead to increased pollution within the 

area. 

Comment 

The proposal relates to the construction of a residential flat building, which includes 

appropriate waste management facilities. On this basis, it is not expected that the 

proposal will cause pollution issues. 

• Traffic/Street Access 

Concerns have been raised that Broughton Street already has too much traffic and that 

this development will only add to air pollution from increased cars. 

Comment 

The capacity of Broughton Street from a traffic perspective has been considered in the 

formulation of DCP 55, which permits densities of the scale being proposed through 

this application. The proposal has also been reviewed by our Team Leader Traffic and 

Transport, specifically in terms of traffic and street access, and found to be acceptable. 

Page 215





• Parking 

Concerns have been raised that parking is already limited within the area and the 

proposal is insufficient in terms of the parking provided 

Comment 

The proposed development provides a total of 56 car parking spaces, including eight 

visitor car parking spaces, which is a shortfall of one car parking space, as per the 

requirements of our Car Parking Code. However, this is considered to be acceptable 

for reasons outlined earlier in this report. It is also noted that the Canterbury Town 

Centre is well serviced by public transport, including rail and bus networks, which 

further reduces reliance on cars and parking demands. 

• Disturbance of Natural Habitats 

Concerns have been raised that the removal of trees will impact on wildlife and native 

birds living nearby. 

Comment 

It is acknowledged that some trees will be removed to allow for the proposed 

development to proceed. However, in considering the removal of these trees, it has 

been noted that no endangered species have been identified which would be impacted 

by the proposal. Conditions of consent have been imposed requiring appropriate 

landscaping and trees to be provided to replace the existing vegetation removed. 

• Privacy 

Concerns have been raised that the proposal impacts on the privacy of existing 

residents within Broughton Street. 

Comment 

The proposed development provides adequate building separation to the adjoining 

residential flat building at 10 Broughton Street, which adjoins the subject site to the 

north. It is noted that balconies for the apartments located closest to the common 

boundary with 10 Broughton Street are orientated so as to ensure there are no impacts 

to privacy. 

• Character of Area 

Concerns have been raised that the high level residential flat building proposed is out 

of character with the surrounding area 

Comment 

The proposal is consistent with the desired future character of the area. It is noted that 

the character of the area will change, however, this is consistent with the adopted 

vision for the Canterbury Town Centre and Riverfront Precinct, as prescribed by 

recent amendments to Canterbury Local Environmental Plan 138 (Canterbury 

Precinct) to allow increased floor space and heights. 

Page 216





• Density 

Concerns have been raised that the increased population will lead to additional 

household waste, which could impact on the Cooks River Ecosystem. 

Comment 

Waste management facilities have been incorporated into the development, as 

prescribed by our Development Control Plan 48 – Waste Management. The proposed 

waste management facilities have also been reviewed by our Waste Services 

Coordinator, who has advised that the proposal is acceptable in terms of waste 

management. On this basis, it is unlikely that the proposal will create any negative 

impacts on the Cooks River Ecosystem 

• Public Transport 

Concerns have been raised that the proposal will cause overcrowding of public 

transport. 

Comment 

The subject site is located within close proximity to public transport and as such, 

future residents may rely on public transport. This is identified as a positive outcome, 

as it reduces congestion on local roads. Regardless, an appropriate level of parking is 

provided for future residents should they wish not to utilise the nearby public transport 

options. 

• Overshadowing 

Concerns have been raised that the proposal will create overshadowing. 

Comment 

The proposed development has been assessed in accordance with our Energy Smart 

Homes Policy (DCP 37), which requires at least two hours solar access to prescribed 

parts of adjoining properties. Our assessment has identified that the proposal is 

compliant with all requirements of DCP 37. It is noted that due to the orientation of 

the site, the proposal will not cause any overshadowing to the adjoining residential flat 

building at 10 Broughton Street, Canterbury. 

• Crime 

Concerns have been raised that future residents may cause vandalism to the adjoining 

properties and also make use of the facilities for the adjoining residential flat building 

(tennis court/pool). 

Comment 

These issues, although serious are not issues to be considered through the assessment 

of this application. If they were to occur, they should be reported to NSW Police for 

investigation. 

• Infrastructure 

Concerns have been raised that the existing infrastructure is not adequate to cope with 

the increased demand created through the development. 

Page 217





Comment 

It is acknowledged that there will be increased demands on infrastructure (water and 

sewer) as a result of the proposed development. Therefore, the applicant will be 

required to obtain a Section 73 Certificate from Sydney Water, demonstrating that 

adequate water and sewer facilities are available to the site, prior to the issuing of a 


• Disturbance During Construction 

Concerns have been raised that there will be disturbances to the neighbourhood during 

construction. 

Comment 

It is acknowledged that there will be some disturbances to the surrounding area during 

the construction phase of the development. However, these will only be temporary 

and conditions of consent have been imposed, restricting the hours during which 

building works may take place. This is to ensure that the level of disturbance is not 

unreasonable. 

• Non-Compliances with DCP 55 

Concerns have been raised that the proposal does not comply with the requirements of 

DCP 55 in terms of floor space ratios, articulation/height, building envelope and site 

amalgamation. 

Comment 

It is acknowledged that there are some departures from the requirements of our 

Canterbury Town Centre and Riverfront Precinct Development Control Plan, as 

outlined under the relevant sections of this report. However, these non-compliances 

have been addressed and as they do not negatively impact on the amenity of the area, 

or the integrity of the objectives for the future vision of the precinct, the variations are 

supported. 

• Basement Entrance Location 

Concerns have been raised that the proposed entrance to the basement, being adjacent 

to the residential flat building at 10 Broughton Street may have impacts to adjoining 

residents by way of noise and vibration. 

Comment 

The basement entrance has been located as prescribed by DCP 55. This adjoins the 

driveway entrance for 10 Broughton Street. Given that parking is only provided for 

cars within the proposed basement, it is unlikely that there will be any unreasonable 

impacts as a result of the driveway location. 

Conclusion 


the Environmental Planning and Assessment Act, 1979 and all relevant development control 

plans, codes and policies. 

Page 218





The proposed development is permissible in the zone subject to consent under the provisions 

of Canterbury Local Environmental Plan 138: Canterbury Precinct (CLEP138). As 

demonstrated, the proposed development is generally consistent with the provisions of the 

relevant State Environmental Planning Policies and Councils development control plans. 

As outlined throughout this report, the site is capable of accommodating the proposed 

residential development and is not expected to have any detrimental impacts on the amenity of 

the locality, in this regard the proposal is considered to be a suitable development for the site. 

It is recommended that the development application be approved, subject to conditions. 


THAT Development Application DA-627/2011 be APPROVED subject to the following 

conditions: 





• Structural Engineering Plan including method of shoring during 

excavation 








• Ventilation of basement area in accordance with Australian Standard 

1668.2 

• Compliance with the Disability (Access to Premises – Buildings) 

Standards 2010 

• Compliance with RailCorp Conditions 















1986. 

Page 219






shown in this item do not apply, however other fees will apply. 




EFTPOS. 










SITE SIGNAGE 








DEMOLITION 


























Page 220

















hours). 



















GENERAL 


details prepared by marchesepartners, marked Drawing Plan No.DA2.01, as received 

by Council on 17 April 2012 and Drawing Plan No.DA1.01, DA2.02, DA2.03, 

DA2.04, DA2.05, DA2.06, DA2.07, DA2.08, DA3.04, DA4.01, DA4.02, DA4.03, 

DA4.04 and DA8.05, as received by Council on 26 June 2012, except where amended 

by the conditions specified in this Notice. 

5.1. Each letter box bank at the building entrance must be designed and fitted out in 

accordance with Australia Post design standards. 

6. Fifty-six (56) off street car parking spaces being provided in accordance with 

approved DA plans. Car parking within the development shall be allocated as follows: 

• One (1) space per dwelling 

• Six (6) resident common spaces 

• Eight (8) visitor spaces 

• One (1) car wash bay 

If the development is to be strata subdivided, the carpark layout must respect the above 

allocation. 

Page 221





7. Resident and visitor car parking shall be clearly signposted at the entry to the car 

parking area. 



Canterbury City Council’s Canterbury Town Centre Development Contributions Plan, 

after identifying the likelihood that this development will require or increase the 

demand on public amenities, public services and public facilities in the area. The 

amount of the contribution (as at the date of this consent) has been assessed as 

$544,507.60. Note: The contributions payable will be adjusted, at the time of 

payment, to reflect Consumer Price Index increases which have taken place since the 

development application was determined. The contribution is to be paid to Council in 

full prior to the release of the Construction Certificate, (or for a development not 

involving building work, the contribution is to be paid to Council in full before the 

commencement of the activity on the site) in accordance with the requirements of the 

Contributions Plan. 

9. Finishes and materials, including the treatment of external walls, roofing, balcony 

balustrades, fences, windows and doors being in accordance with the details 

accompanying DA-627/2011, prepared by marchesepartners, marked Drawing 

No.DA7.01, as received by Council on 23 December 2011. The approved design 




10. The applicant shall prepare and submit, as part of the documentation for a 

Construction Certificate, a Construction Management Plan. This plan shall include the 

following: 

(a) details of proposed hours of work and contact details of the site manager; 

(b) proposed method of access to and egress from the site for construction 

vehicles; 

(c) proposed method of loading and unloading of excavation and construction 

machinery and building materials; 

(d) proposed areas within the site to be used for the storage of excavated materials, 

construction materials, waste storage containers and construction vehicles 

during the construction period; 

(e) proposed traffic management measures to ensure safe ingress and egress from 

the site; 

(f) proposed method of support to any excavation adjacent to adjoining properties 

or the road reserve; 

(g) proposed methods to remove loose material from all vehicles and machinery 

before entering the road reserve and any run-off from the washing of vehicles 

and associated sediment control measures. 

11. Erection of a hoarding/fence or other measure to restrict public access to the site and 

to building works, materials or equipment when building work is not in progress or the 

site is otherwise unoccupied. Full details must be submitted to the Principal Certifying 

Authority with the Construction Certificate application. 




restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on 

Page 222












16. A copy of the Soil and Water Management Plan must be kept on site at all times and 

made available to Council officers on request. 

















22. Provide a Surveyor’s Certificate to the Principal Certifying Authority prior to walls 

being erected more than 300mm above adjacent ground surfaces to indicate the exact 

location of all external walls in relation to allotment boundaries. 


pouring of concrete at basement/ground/first/second/third/fourth and fifth floor slab 

level indicating the finished floor level to a referenced benchmark. These levels must 

relate to the levels indicated on the approved architectural plans and/or the hydraulic 

details. 






(a) relevant BASIX Certificate means: 

(i) a BASIX Certificate that was applicable to the development when this 


modified under section 96 of the Act, a BASIX Certificate that is 


modified); or 

(ii) if a replacement BASIX Certificate accompanies any subsequent 



(b) BASIX Certificate has the meaning given to that term in the Environmental 

Page 223





Planning and Assessment Regulation 2000. 

DILAPIDATION AND EXCAVATION 

26. All precautions must be taken to prevent any damage likely to be sustained to 

adjoining properties. Adjoining owner property rights must be observed at all times. 

Where damage occurs to adjoining property, all necessary repair or suitable agreement 

for such repairs are to be undertaken by the applicant in consultation with, and with 

the consent of, the affected property owner prior to the issue of an Occupation 

Certificate. 

27. The applicant shall prepare a Dilapidation Report/photographic survey prepared by an 

appropriately qualified consultant for adjoining property, 10 Broughton Street, 

Canterbury and 6 Broughton Street, Canterbury, detailing the physical condition of the 

property, both internally and externally, including such items as walls, ceilings, roof, 

structural members and other similar items, shall be submitted to the Principal 

Certifying Authority prior to the issue of a Construction Certificate. On completion of 

the excavation and building works and prior to the issue of an Occupation Certificate, 

a certificate from an appropriately qualified engineer stating to the effect that no 

damage has resulted to adjoining properties is to be submitted to the Principal 

Certifying Authority. If damage is identified which is considered to require 

rectification, the damage shall be rectified or a satisfactory agreement for rectification 

of the damage is to be made with the affected person/s as soon as practical and prior to 

occupation of the development. All costs associated in achieving compliance with this 

condition shall be borne by the person entitled to act on this consent. 

28. Any new information which comes to light during demolition or construction works 

which has the potential to alter previous conclusions about site contamination shall be 

notified to the Council and the Principal Certifying Authority immediately. 

RAILCORP REQUIREMENTS 

29. All excavation and construction works are to be undertaken in accordance with the 

details, methodology, advice, undertakings and recommendations contained within the 

following documents, and subject to modification also specified below: 

• Geotechnical Investigation Report prepared by Aargus Australia dated 14 

March 2012 (Ref. No. GS4685/1) 

• Engineering Certificate prepared by HKMA Engineers dated 15 February 2012 

(Ref. No. 1079_SCT_L1) 

• Shoring Plan prepared by HKMA Engineers– Drawing No. 1079-S02 Issue F 

dated 14/3/2012. 

• Shoring Plan - details & Sections prepared by HKMA Engineers – Drawing 

No.1079-S03 Issue E dated 05/03/2012. 

Subject to the following modifications: 

• The vibrations caused by the excavation/construction shall be controlled and 

limited to the levels specified by the consultant. 

• Excavation and shoring shall be supervised by a suitably experienced 

geotechnical engineer. 

Prior to the issue of a Construction Certificate, the applicant is to submit a Final 

Construction/Shoring Plan consistent with the above requirements to Railcorp for 

endorsement. The Principle Certifying Authority (PCA) shall not issue the 

Construction Certificate until written confirmation has been received from Railcorp 

confirming that this condition has been satisfied. 

30. The following items are to be submitted to Railcorp for review and endorsement prior 

Page 224





to the issue of a Construction Certificate: 

• Machinery to be used during excavation/construction. 

• Track monitoring plan detailing the proposed method of track monitoring 

during excavation and construction phases. 

• A rail safety plan including instrumentation and the monitoring regime. 

The PCA is not to issue the Construction Certificate until it has received written 

confirmation from Railcorp that this condition has been complied with. 

31. No rock anchors/bolts are to be installed into Railcorp’s property. 

32. No modifications may be made to the approved design without the consent of 

Railcorp. 

33. Prior to the issue of an Occupation Certificate, the applicant is to submit the as-built 

drawings to Railcorp and Council. The as-built drawings are to be endorsed by a 

registered surveyor confirming that there has been no encroachment into Railcorp 

property or easements. In this regard, the PCA is not to issue the Occupation 

Certificate until written confirmation has been received from Railcorp that this 

condition has been complied with. 

34. Prior to the commencement of works, the applicant shall peg out the common 

boundary with Railcorp’s property and/or easement to ensure that there is no 

encroachment. Such work is to be undertaken by a registered surveyor. 

35. Prior to the commencement of works, and prior to the issue of the Occupation 

Certificate, a joint site inspection of rail infrastructure and property in the vicinity of 

the project (especially the retaining wall and rail track formation) is to be carried out 

by representatives from Railcorp and the applicant. These dilapidation surveys will 

establish the extent of any existing damage and enable any deterioration during 

construction to be observed. The submission of a detailed dilapidation report will be 

required unless otherwise notified by Railcorp. 

36. During all stages of the development extreme care shall be taken to prevent any form 

of pollution entering the rail corridor. Any form of pollution that arises as a 

consequence of the development activities shall remain the full responsibility of the 

applicant. 

37. No work is permitted within the rail corridor or its easements at any time unless prior 

approval or an agreement has been entered into with Railcorp. Where the applicant 

proposes to enter the rail corridor, the PCA shall not issue a Construction Certificate 

until written confirmation has been received from Railcorp confirming that its 

approval has been granted. 

38. The applicant is to ensure that the development (including the wall along the rail 

corridor) incorporate appropriate anti-graffiti measures. 

39. The acoustic assessment prepared by SLR Consulting Australia Pty Ltd, dated 1 

November 2011 is to be revised and submitted to the Principal Certifying Authority 

prior to the issue of a Construction Certificate, demonstrating how the proposed 

development will comply with the Department of Planning’s document titled 

‘Development Near Rail Corridors and Busy Roads – Interim Guidelines’. The 

applicant must incorporate in the development all measures recommended in the 

report and must address the following items: 

39.1. Table 3 reveals that the noise impacts are dominated by freight traffic. Only 

six freight vehicles were measured during attended noise monitoring however, 

which is insufficient to determine representative source noise levels. This is 

evidenced by the 16dB difference in LAE pass-by noise levels reported in 

Page 225





Section 3.1 for freight trains. The applicant shall obtain further noise 

measurements from freight train pass-by-events – preferably at least 20 for 

each train type (e.g. freight, passenger. 

Alternatively, the applicant may consider the maximum measured pass-by 

level, rather than the energy average, for their assessment if it can be shown 

(e.g. through comparison with previous SLR measurements) that this is 

representative of freight operations on the line in question. 

39.2. There is a concern that the recommended minimum glazing requirements 

specified in Table 6 will not sufficiently mitigate the freight noise impacts 

given the significance of low frequency noise, especially from locomotives. 

The applicant is requested to provide further information, showing the 

predicted internal noise levels calculated on spectral basis utulising the 

measured source level spectra from freight train pass-by and the predicted 

transmission loss spectra of the proposed glazing. 

40. The Applicant must incorporate in the development all the measures recommended in 

the Electrolysis Report prepared by Corrosion Control Engineering dated 25 

November 2012, subject to the following modification: 

40.1. The Electrolysis Report results indicate there are some stray traction currents at 

the present time on the site that may cause a corrosion hazard on the proposed 

structure. Therefore, it is recommended that all anchors in use during 

construction must be removed when they are no longer required as they can 

create a low impedance path to the soil. 

A copy of the report is to be provided to the Principal Certifying Authority with the 

application for a Construction Certificate. 

41. Given the possible likelihood of objects being dropped or thrown on the rail corridor 

from balconies, windows and other external features (eg roof terraces and external fire 

escapes) that are within 20m and face the rail corridor, the Applicant is required to 

install measures (eg awning windows, louvers, window restrictors etc) which prevent 

the throwing of objects onto the rail corridor. These measures are to comply with 

Railcorp requirements. The Principle Certifying Authority is not to issue the 

Construction Certificate until it has confirmed that these measures are to be installed 

and have been indicated on the Construction Certificate Plans. 

42. The design, installation and use of lights, signs and reflective materials, whether 

permanent or temporary, which are (or from which reflected light might be) visible 

from the rail corridor must limit glare and reflectivity to the satisfaction of Railcorp. 

The Principle Certifying Authority is not to issue the Construction Certificate until 

written confirmation has been received from RailCorp confirming that this condition 

has been satisfied. 

43. Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan 

and detailed Safe Work Method Statements (SWMS) for the proposed works are to be 

submitted to RailCorp for review and comment on the impacts on rail corridor. The 

Principle Certifying Authority is not to issue the Construction Certificate until written 

confirmation has been received from RailCorp confirming that this condition has been 

satisfied. 

44. No metal ladders, tapes and plant/machinery, or conductive material are to be used 

within 6 horizontal metres of any live electrical equipment. This applies to the train 

pantographs and 1500V catenary, contact and pull-off wires of the adjacent tracks, and 

to any high voltage aerial supplies within or adjacent to the rail corridor. 

Page 226





45. Prior to the issuing of a Construction Certificate the Applicant is to submit to RailCorp 

a plan showing all craneage and other aerial operations for the development and must 

comply with all RailCorp requirements. The Principle Certifying Authority is not to 


the RailCorp confirming that this condition has been satisfied. 

46. Stormwater drainage within RailCorp’s easement affecting the subject site is to be in 

accordance with the following drainage drawings prepared by HKMA Engineers: 

• Drawing No. 1079-C-DA03 Issue C dated 22/05/2012 

• Drawing No. 1079-C-DA04 Issue A dated 22/05/2012 

The Principle Certifying Authority is not to issue the Construction Certificate until 

written confirmation has been received from RailCorp confirming that final RailCorp 

endorsement for the drainage solution has been granted. 

The Principle Certifying Authority is not to issue the Occupation Construction 

Certificate until such time the proposed drainage within RailCorp’s easement has been 

installed and accepted by RailCorp in writing. 

47. Rainwater from the roof must not be projected and /or falling into the rail corridor and 

must be piped down the face of the building which faces the rail corridor. 

48. Prior to the commencement of works appropriate fencing is to be installed along the 

rail corridor to prevent unauthorized access to the rail corridor. Details of the type of 

fencing and the method of erection are to be to RailCorp’s satisfaction prior to the 

fencing work being undertaken. 

49. The developer must provide a plan of how future maintenance of the development 

facing the rail corridor is to be undertaken. The maintenance plan is to be submitted to 

RailCorp prior to the issuing of the Occupancy Certificate. The Principle Certifying 

Authority is not to issue an Occupation Certificate until written confirmation has been 

received form RailCorp advising that the maintenance plan has been prepared to its 

satisfaction. 

50. The Applicant is to obtain RailCorp’s endorsement prior to the installation of any 

hoarding or scaffolding facing the common boundary with the rail corridor. 

51. Where a condition of consent requires RailCorp’s endorsement the Principle 

Certifying Authority is not to issue a Construction Certificate of Occupancy 

Certificate, as the case may be, until written confirmation has been received from 

RailCorp that the particular condition has been complied with. 

TRAFFIC 

52. The existing threshold/speed hump in Broughton Street is to be relocated from 

immediately north of John Street to a location north of the existing vehicular crossing 

to 10 Broughton Street. Design plans shall be forwarded to Council Traffic committee 

for consideration and approval prior to the issue of a Construction Certificate. All 

work to conform with the requirements of the Australian Standards and RMS 

guidelines and technical directions. All costs shall be borne by the applicant for the 

design, removal and reinstallation of the threshold. Construction work relating to the 

relocation of the speed hum is to be completed prior to the issue of an Occupation 

Certificate. 

WASTE 

53. The ground floor bin presentation area is to be capable of holding 21 general rubbish 

bins, 14 recycling bins and 2 green waste bins. 

Page 227





54. Bins are to be stored within the basement waste facility and transported to the ground 

level bin presentation area the evening prior to collection. Immediately following 

collection, the bins are to be returned to the basement waste facility. 

55. A continuous path of travel with minimum width of 1.2 metres is to be provided 

between the kerb and the ground floor bin presentation area. 


56. A continuous accessible path of travel is to be provided from the street alignment to 

the building entries and from the basement level car parking area to and within each of 

the adaptable units, and to and within all common areas of the buildings. The 

continuous accessible path of travel shall not contain a step or other impediment and 

shall have an unobstructed width of at least 1000mm and vertical clearance of 

2000mm. 

57. For the benefit of persons with a vision impairment, all glazed doors and panels on the 

continuous accessible path of travel are required to have a transom or luminance strip 

at a height of between 900mm and 1100mm above floor level. The strip is to be a 

minimum of 75mm in width for the full width of the door and provide a luminance 

contrast to a minimum of 30 per cent of its surroundings when viewed from either 

inside or outside the door. 

58. In accordance with the requirements of the Disability (Access to Premises – Buildings) 

Standards 2010, the development shall provide: 

58.1. Doors on the continuous accessible path of travel are to provide clear openings 

of 850mm when the door is fully open. 

58.2. A fully accessible lift complying with the minimum dimension requirements 

contained in AS1735.12 and which provides adequate space for a paramedic 

stretcher with minimum dimensions of 2100mm by 550mm shall be provided 

for the benefit of any resident who may have to be evacuated in a horizontal 

position. 

59. Letterboxes for adaptable units are to be located on a surface with a maximum 

gradient of 1:40 in lateral and longitudinal directions at a height of between 900mm 

and 1100mm above finished surface level. 


60. The proposed building shall be treated with anti-graffiti paint and any glass windows 

and doors at ground level accessible by the public be applied with anti-graffiti film to 

deter graffiti offenders targeting the building and its perimeters. 

61. All access points to the building, including the car parking area, lifts and stairs are to 

be well lit and restricted to residents via a security system. Visitors to the complex 

shall be provided access via an intercom system. Details shall be provided with the 

application for the Construction Certificate. 

62. All doors at the main points of entry on the ground floor are to be self closing. 

ENGINEERING 


specifications and details received by Council on 26 th June 2012; drawing numbers 

1079-C DA01-A, 1079-C DA02-A, 1079-C DA03-D, 1079-C DA04-A prepared by 

HKMA Engineers and as amended by the following condition. 

64. Certification from an accredited engineer must be provided to certify that all works 

has been carried out in accordance with the approved plan(s), relevant codes and 

standards. 

Page 228












stormwater management manual ~ specification 9. 





Design”. 






















71. A full width heavy duty vehicular crossing shall be provided at the vehicular entrance 

to the site, with a maximum width of 5 metres at the boundary line. This work to be 




& Gutter”. 









Page 229
















& Gutter”. 

77. The reconstruction of the kerb and gutter along all areas of the site fronting Broughton 

Street is required. Work to be carried out by Council or an approved contractor, at the 





the site fronting Broughton Street is required. Work being carried out by Council or 

an approved contractor, at the applicant’s cost. The work is to be carried out in 






LANDSCAPING 

80. Landscape works must be completed according to the approved Landscape Plan 

prepared by RFA Landscape Architects (Project No: 3077b, Drawing No: L-01, 

Revision: B, and dated on 03 April 2012) and with AUS-SPEC Specification 0257- 



81. Two existing Eucalyptus saligna (Sydney Blue Gum) located in front of the 

development site may be removed to accommodate the proposed development. Four 

(4) new street trees should be provided in front of the site as indicated on the approved 

Landscape Plan. The street tree species should be Tristaniopsis laurina (Water Gum) 

and planted at 200litre container size. 



2003). The requirements for height, calliper and branch clearance for 200litre street 

trees are as below table: 

Container Size Height (above 

container) 

Page 230 

Caliper (at 300mm) Clear Trunk 

Height 

200 litre 3.6 metres 60mm 1.5 metres 

83. The following plant stock shall be pre-ordered, prior to issue of Construction 

Certificate or 3 months prior to the commence of landscape construction works, 

whichever occurs sooner, for the supply to the site on time for installation:





Botanical Name Common Name Container 

Size 

Page 231 

Amount Notes 



laurina 


84. 

Written confirmation of the order shall be provided to Council’s Landscape Architect 

(contact no: 97899438), prior to issue of any Construction Certificate. In addition to 

the details in the above table, the order confirmation shall include name, address and 

contact details of supplier; and supply date. 

The maintenance period for all the approved landscape works in public land must be 

set for minimum 52 weeks, and minimum 36 weeks for the landscape works in private 

areas. The Maintenance Schedules (for 36 and 52 weeks) must be provided prior to the 

issue of Construction Certificate, including, but not limited to: 

84.1. Replacement strategy for failures in plant materials and built works, 

84.2. Maintenance schedule for watering, weeding and fertilizing during the 

establishment period. 

85. New kerb, gutter and footpath are required to be constructed to the full length of the 

development site. The applicant should consultant Council’s Engineer for standard 

dimensions. The planting verge should not be less than 1.2m wide 

86. The group of Casuarina spp.located in the adjoining property to the West are to be 

protected during excavation and construction to ensure that no damage is caused. This 

is to be overseen by the project landscape architect and may require tree root mapping 

to identify suitable Tree Protection Zones. 

87. The landscaping is to be maintained at all times to the Council's satisfaction. 










design. 














89.5. at the commencement of the building work, and














hours. 






which took effect in New South Wales on 1 May 2011. 



• Structural Engineering work 



• Glazing 

• Section J of the National Construction Code 


advance. 




96. No variation to the approved design and external appearance of the building (including 

colour of materials) will be permitted without further approval. 




6 months of the date of receipt of this Notice of Determination and be 





(Section 97 of the Environmental Planning and Assessment Act 1979 does not 

apply to the determination of a development application for State significant 

development or local designated development that has been the subject of a 

Commission of Inquiry.) 




Page 232







amendments: 



materials.” 

2. Insert new sub conditions as follows: 

“5.2 Redesign units G.01, G.07 and G.08 to achieve an improved outlook 

towards the rear of the site and improved daylight access for all 

habitable rooms. 

5.3 Amend units 1.06, 2.06, 3.06 and 4.05 to increase the setback from No. 

6 Broughton Street from 3 metres to 4.3 metres (in line with the wall of 

the living rooms areas of these units). 

5.4 Reduce the length of the balconies at the re-entrant corner for levels 1, 

2 and 3 to achieve an increased separation between these balconies of 4 

metres minimum.” 

3. Amend condition 6 to delete “Fifty-six (56)” and replace with “Fifty-eight 

(58)” at the beginning of the condition. 













Page 233


12 119 PERMANENT AVENUE, EARLWOOD: INTERNAL 

ALTERATIONS AND CONVERSION OF GROUND FLOOR OF 

TWO STOREY DWELLING FOR USE AS A BOARDING HOUSE 

FILE NO: 692/119D PT2 


WARD: EAST 

D/A No: DA-117/2012 

Applicant: 

Owner: 

Mrs Faying Weng 

Mr Derek Sidney Donald Savage and Mrs Faying Weng 

Zoning: Residential 2(a) under Canterbury Planning Scheme Ordinance 

Application Date: 11 April 2012 

Summary: 

• The applicant is seeking approval to convert the ground floor of the existing two 

storey dwelling into a boarding house containing three boarding rooms with associated 

car parking at the front of the site. 

• The application has been assessed against the provisions of State Environmental 

Planning Policy (Affordable Rental Housing) 2009, Canterbury Planning Scheme 

Ordinance, Development Control Plan 29 - Crime Prevention Through Environmental 

Design and Development Control Plan 51 – Access and Mobility and was found to 

comply with these codes. 

• In accordance with our Notification Policy, all owners and occupiers of adjoining 

properties were notified of the proposed development. A total of eight submissions 

and a petition with twenty-four signatures were received. Issues of concerns include 

the nature of future occupants of the boarding house, traffic and parking issues, illegal 

use of the dwelling as a boarding house, safety and security issues, noise pollution, 

anti-social behaviour, waste collection and loss of privacy. 


conditions. 



amendments. 




Page 234


119 PERMANENT AVENUE, EARLWOOD: INTERNAL ALTERATIONS AND CONVERSION OF GROUND FLOOR 

OF TWO STOREY DWELLING FOR USE AS A BOARDING HOUSE (CONT.) 

Report: 

Background 

On 13 September 2004, Council approved DA-605/04 for the construction of a timber deck 

and detached shed at the rear of the existing dwelling. An occupation certificate was issued by 

Council for this development on 2 June 2005. 

On 16 January 2008, Council approved DA-271/2007 involving alterations and first floor 

additions to the existing dwelling including an inground swimming pool and detached cabana. 

On 2 October 2008, a Section 96 modification DA-271/2007/A was approved for a 

modification of the approved two storey addition including enlarging the rear elevation 

balconies, room enlargement and re-configuring the roof form. 

On 23 March 2010, a Section 96 modification DA-271/2007/B was approved involving 

internal and external modifications to the design of the approved alterations and additions. 

On 6 May 2011, Chris Manzi from Essential Certifiers (PCA) issued the final occupation 

certificate for the works approved by Council under DA-271/2007 and the subsequent section 

96 modifications (DA-271/2007/A and DA-271/2007/B). 

Site Details 

The subject site is located on the northern side of Permanent Avenue between Karool Avenue 

and Thompson Street. The site is a regular shaped allotment with an overall street frontage of 

12.8m, depth of 45.72m and a total site area of 585.21m². The land slopes to the rear of the 

site. 

The subject site is currently occupied by a two storey rendered brick residential dwelling and 

a free-standing metal roofed cabana towards the rear of the site. Vehicular access to the site is 

provided via an existing concrete driveway situated along the front of the site. 

Immediately adjoining the site to the east and west are single storey brick and tile dwellings. 

The streetscape is typified by one and two storey dwelling houses. The wider surrounding 

locality comprises various older and newly constructed low density housing. 

Page 235




Proposal 

The proposed development involves the conversion and use of the ground floor of the existing 

two storey dwelling into a boarding house containing three boarding rooms and one car 

parking space within the front setback of the site. 

The works proposed on the ground floor involve the installation of a communal kitchen and a 

kitchenette in Bedroom 3. No changes are proposed to the living quarters at the first floor 

level which will be occupied by the landowner of the property. 

The ground floor will provide a common kitchen, three bathrooms (one of these is to provide 

communal laundry facilities), a storage area and a dining/living room. 


When determining this application the relevant matters listed in Section 79C of the 

Environmental Planning and Assessment Act 1979 must be considered and in this respect the 



• State Environmental Planning Policy (Affordable Rental Housing) 2009 

• Canterbury Planning Scheme Ordinance 



(DCP 29) 

• Development Control Plan 51 – Access and Mobility (DCP 51) 

Assessment 

The development application has been assessed under Section 5A and 79C of the 


Page 236





The proposed development compares to the boarding house provisions outlined in Part 

2, Division 3 of State Environmental Planning Policy (Affordable Rental Housing) 

2009 (ARHSEPP) as follows: 

Standard Proposed Complies 

If a boarding house has five or more The boarding house will accommodate n/a 

boarding rooms, at least one communal three boarding rooms. Therefore the 

living room must be provided. 

standard is not applicable. 

No boarding room is to have a gross floor Each boarding room has a gross floor area Yes 

area (excluding any area used for the 

purposes of private kitchen or bathroom 

facilities) of more than 25m². 

of less than 25m². 

The site must be located within an The subject site is located within an Yes 

‘accessible area’, being less than 400m ‘accessible area’ as the nearest bus stop is 

walking distance walking distance of a bus situated on Dellwood Ave, which is less 

stop or 800m walking distance of a railway than 400m walking distance from the 

station. 

subject site. Furthermore, Canterbury 

Railway Station is located less than 800m 

walking distance from the subject 

property. 

No boarding room is to be occupied by Proposal involves no more than two Yes 

more than two adult lodgers. 

lodgers per room. This can be imposed as 

a condition of consent. 

Adequate bathroom and kitchen facilities Adequate bathroom and kitchen facilities Yes 

will be available within the boarding house are provided for each lodger of the 

for the use of each lodger. 

boarding house. 

If the boarding house has capacity to The boarding house is to accommodate a N/A 

accommodate 20 or more lodgers, a maximum of 4 lodgers. Therefore, no 

boarding room or on-site dwelling must be 

provided for a boarding house manager. 

boarding house manager is required. 

If the boarding house is on land zoned The subject site is zoned Residential 2(a) Yes 

primarily for commercial purposes, no part under Canterbury Planning Scheme 

of the ground floor of the boarding house Ordinance. The use of the site as a 

that fronts a street must be used for boarding house is a permissible use under 

residential purposes unless another 

environmental planning instrument permits 

such a use. 

the ARHSEPP. 

At least one parking space must be Given 3 boarding rooms are proposed, Yes 

provided for a bicycle, and one for a motor one motorcycle space and one bicycle 

cycle, for every five boarding rooms. Given space are required to be provided on-site. 

3 boarding rooms are proposed, a total of This can be imposed as a condition of 

one motorbike spaces and one bicycle space consent. The required spaces can be 

are required to be provided on-site. At least accommodated in the garage and the car 

0.2 car parking spaces are to be provided space in a stacked arrangement within the 

for each boarding room. 

front building setback. 

Page 237





The maximum FSR as stipulated within 0.56:1. The floor space of the existing Yes 

Clause 29(1)(a) of ARHSEPP 2009 dwelling was approved under the now 

permitted for the proposed development is superseded Single Unit Dwelling House 

0.55:1. 

Code which permitted a maximum floor 

space ratio (FSR) of 0.575:1. Hence the 

existing dwelling complied with the 

maximum FSR as required at the time of 

assessment of the application. The 

proposed use of the ground floor as a 

boarding house does not represent any 

increased floor area or alterations to the 

approved FSR. 

If accommodation is provided on-site for a Given that the proposed development is to N/A 

boarding house manager – one area of at provide a total of 3 boarding rooms, no 

least 8m² with a minimum dimension of boarding house manager is required. 

2.5m is provided adjacent to that 

Accommodation for a boarding house 

accommodation. 

manager is not necessary. 

A consent authority must not refuse consent A private open space area of at least Yes 

to the development if at least the following 170m² with a minimum dimension of 11 

private open space areas are provided (other metres is proposed at the rear of the site 

than the front setback area): One area of at 

least 20m² with a minimum dimension of 3 

metres must be provided for the use of the 

lodgers 

for the use by lodgers. 

A consent authority must not refuse consent The proposed landscape treatment of the Yes 

to the development if the landscape front setback area is compatible with the 

treatment of the front setback area is 

compatible with the streetscape in which 

the building is located. 

streetscape. 

A consent authority must not refuse consent The proposal does not require the Yes 

to the development if the development provision a communal living room as 

provides for one or more communal living there are less than 5 boarding rooms 

rooms, at least one of those rooms must within the boarding house. However, the 

receive a minimum three hours of direct applicant has provided a communal living 

sunlight between 9am and 3pm in mid- room on the ground floor level. The living 

winter. 

room is located on the eastern side of the 

building and will receive a minimum of 

three hours sunlight between 9am and 

3pm on 21 June. 

In the case of development in an ‘accessible As 3 boarding rooms are proposed to be Yes 

area’ – at least 0.2 parking spaces are to be provided, a total of one car parking space 

provided for each boarding room. 

must be provided on-site. The proposed 

Note: The subject site is located within an development fulfils the car parking 

‘accessible area’ as the nearest bus stop is requirements of the Affordable Rental 

situated on Dellwood Ave, which is less Housing SEPP as one car parking space 

than 400m walking distance from the can be provided on-site. Further two 

subject site. Furthermore, Canterbury tandem car spaces can be provided for the 

Station is located less than 800m walking first floor residents of the dwelling in the 

distance from the subject property. form of one covered space and one 

uncovered space. 

Page 238





Each boarding room must have a gross Each proposed boarding room has a Yes 

floor area (excluding any area used for the minimum floor area of 12m². Boarding 

purposes of private kitchen or bathroom room 1: 17.6m², Boarding room 2: 

facilities) of at least: 

18.58m² and Boarding room 3: 17.13m². 

(i) 12m² in the case of a boarding room The boarding house is proposed to 

intended to be used by a single lodger; or accommodate a total of four lodgers at 

(ii) 16m² in any other case. 

any one time. Should the application be 

approved, it is recommended this be 

imposed as a condition of consent. 

A boarding house may have private kitchen Boarding room 3 has a private kitchen and Yes 

or bathroom facilities in each boarding bathroom facility. A communal kitchen 

room but is not required to have those and bathroom facilities is provided for the 

facilities in a boarding room. 

other two boarding rooms. 

As demonstrated above, the proposed development is consistent with the boarding 

house requirements in ARHSEPP 2009. In regards to the car parking requirements, 

the existing two storey dwelling can accommodate two car spaces in the garage and 

two uncovered spaces within the front setback. As the applicant will occupy the first 

floor of the dwelling, a suitable arrangement must be put in place to ensure that offstreet 

car parking is compliant with the requirements of this policy. A condition of 

consent is recommended that one of the car spaces within the garage is to be allocated 

for the boarding house and that a section within the garage is to be allocated for the 

parking of a motorcycle and bicycle or alternatively, provision must be made for one 

motorcycle space and one bicycle bay within the front setback along the southern 

elevation of the dwelling. This amendment must be submitted to the Principle 

Certifying Authority and Council (if Council is not the Principle Certifying Authority) 

prior to the issue of the Construction Certificate. 


The subject site is zoned Residential 2(a) under the provisions of the Canterbury 

Planning Scheme Ordinance. Boarding houses are a prohibited land use in the 

Residential 2(a) zone. The application is made pursuant to the provisions of Part 2 

Division 3 of State Environmental Planning Policy (Affordable Rental Housing) 2009, 

which permits the development on the subject site virtue of Clause 26(a) which allows 

for this land use in this low residential density zone. 

Further, Clause 27(2) of the ARHSEPP permits this development on land within Zone 

R2 Low Density Residential or within a land use zone that is equivalent to that zone in 

the Sydney region provided that the land is within an accessible area. It is been 

demonstrated that the subject land is within an accessible area and therefore satisfies 

this requirement. 






Page 239





Zoning R2 – Low Density The proposed development is a permissible use Yes 

Residential within the R2 – Low Density Residential zone. 

FSR 0.5:1 0.56:1 No 

Building Height 8.5m Max. 6.9m (existing) Yes 

However, the draft LEP has not yet been gazetted and at this stage, no determinative 

weighting can be afforded to its provisions in respect to this application. 



The development has been assessed against the provisions of this DCP. As the 

development was originally assessed as a dwelling, the CPTED elements of ownership 

are assumed due to the use of the building. The ground floor portion of the dwelling is 

now proposed to be used for a boarding house. The elements of ownership, natural 

surveillance and access points require special consideration and are summarised 

below: 




corners, provides natural 

public/communal areas, clearly surveillance for public/ communal 

visible entries/exits, service areas areas, front of the property is 

and car parking should be well lit clearly visible from the street, as 

are the proposed entry/exit points. 

Access Prevent unintended access Front door access only, front Yes 

Control 

boundary of property to be clearly 

demarcated from nature strip, entry 

clearly defined. 



opportunities for vandalism. sense of ownership, entry to 

Express a sense of ownership and development clearly defines public, 

reduce illegitimate use/entry semi-public, and private space. 

Natural Fence design to maximize natural Natural observance exists with the Yes 

Surveillance surveillance 

existing design and height of front 

fence. 

Access Dwellings clearly identified by Boarding house is to be secured, Yes 

Control street number. Security for 

dwelling. 

numbers to be on street front. 

Ownership Dwellings and communal areas Front and rear of dwelling has Yes 

design to provide sense of existing landscaping which 

ownership 

provides a sense of ownership. 

As demonstrated above, the proposed development fulfils all requirements of DCP 29 

– Crime Prevention Through Environmental Design. 

Page 240





The application was referred to our Disability Access Committee which has advised 

that appropriate conditions regarding disability access and compliance with the 

relevant requirements of AS 1428.1, AS1735.14 and the Disability (Access to 

Premises – Buildings) Standards (2010) be imposed on the consent should the 

application be approved. Compliance with this standard must be demonstrated on the 

construction certificate plans. 


• Standards for Places of Shared Accommodation 

The proposal is regulated by the Standards for Places of Shared Accommodation under 

the Local Government (General) Regulation 2005. These Standards refer to the Public 

Health (General) Regulation 2002 which requires that each room has a floor area of 

5.5m 2 or more for each person sleeping in it (in the case of long-term sleeping 

accommodation) or 2m 2 or more for each person sleeping in it (in any other case). It is 

expected that two rooms be used by no more than one person and that Bedroom 3 be 

used by no more than two persons (this will be a condition of consent should approval 

be issued), and as such the proposal would comply with this standard as the room sizes 

range between 17.13m 2 to 18.58m 2 in area . 

An appropriate condition would be placed on the consent requiring compliance with 

the Places of Shared Accommodation Standard which requires the premises to be kept 

in a clean and tidy state and for furniture and fittings to be maintained in good order. 

To ensure compliance with the above standard, annual inspections are carried out by 

Council of all places of shared accommodation. Therefore, these premises would be 

the subject to an annual inspection as required by the Local Government Regulation. 

Notification 

In accordance with our Notification Policy (DCP 32), the application was notified to adjoining 

and affected neighbouring property owners and occupiers. A total of eight submissions and a 

petition with 24 signatures were received raising concerns in relation to the following: 

• Illegal use of the dwelling as a boarding house. 

Comment 

Concerns have been raised that the existing dwelling has been illegally used as a 

boarding house for the last two years. In response the applicant has lodged a 

development application, which is the subject of this report. Further the legal advice 

obtained states that there is insufficient evidence to establish that the premises is being 

used as a boarding house. The applicant was previously occupying the rear 

cabana/outbuilding for habitable purposes. The applicant has since ceased using the 

outbuilding for habitable purpose as evidenced during a recent inspection by Council 

officers. 

Page 241




• Increase in noise pollution which the proposed development will bring into the 

street, both in terms of traffic and number of people that it will generate 

Comment 

The boarding house will be used for residential purposes and the three boarding rooms 

accommodating a total of four lodgers are unlikely to generate levels of noise that will 

impact on the amenity of the adjoining or surrounding properties. 

Further, it is a general characteristic of boarding houses that the occupants have low 

car ownership and usage rates and as such a significant increase in traffic through 

Permanent Avenue is unlikely to be experienced as a result of the proposed 

development. Additionally, the proposed development fulfils the parking requirements 

specified in State Environmental Planning Policy (Affordable Rental Housing) 2009. 

• The use of the dwelling as a boarding house raises safety and security issues for 

other residents along Permanent Avenue as boarding houses has ‘connotations 

with unsavoury transients”. Issues such as threats, anti-social behaviour, and 

unethical use of the boarding house are of concern. 

Comment 

Boarding houses are a valid alternative type of residential accommodation which 

addresses the needs of a particular section of our community. 

The applicant has provided a Management Plan which provides house rules to ensure 

that the safety and amenity of future occupants and adjoining residents is maintained. 

To ensure minimal disruptions from the boarding house on the neighbouring 

properties, further details in relation to the day to day operation of the boarding house 

are to be incorporated into the submitted Management Plan. Should consent be 

granted, the requirement for the submission of a comprehensive Management Plan will 

be imposed as a condition of consent. 

If the boarding house is operated in accordance with the conditions of consent and the 

approved Management Plan, it is unlikely that the use will adversely impact on the 


• Amenity and privacy impacts which will affect the neighbouring residents as a 

result of the boarding house. 

Comment 

The proposal does not involve external building work that will reduce the existing 

privacy levels of the adjoining properties. The window for boarding room three 3 is on 

the rear elevation which overlooks the backyard of the subject site. The windows for 

boarding room one 1 and two 2 are offset from the existing windows of the adjoining 

property to the west. The windows of each boarding room on the ground floor will not 

impact or result in a significant level of overlooking onto the adjoining properties. 

Page 242




• Insufficient provision of on-site car parking and increase of traffic and parking 

problems in Permanent Avenue. Parking of vehicles on the street in front of other 

resident properties. 

Comment 

Clause 29(2)(e) of State Environmental Planning Policy (Affordable Rental Housing) 

2009 requires the proposed development provide at least 0.2 parking spaces for each 

boarding room. Given that 3 boarding rooms are proposed to be provided, one car 

parking space is required to be provided on-site. The proposal fulfils these car parking 

requirements as a total of one car parking spaces can be provided onsite in the garage. 

As discussed in the report, a condition of consent is to be imposed requiring the 

applicant to satisfactorily show the provision of car parking for one vehicle and 

adequate space for a motorcycle and bicycle bay on the subject site, as well as site 

parking for the principle dwelling (first floor) on this site. 

Further to the likely low car ownership of boarding lodgers, the site is located within 

close proximity and within a walkable distance to Canterbury Railway Station, and 

Permanent Avenue is serviced by the local bus network. As such, this will make it 

attractive for the tenants to use public transport to access the site. 

• Dumping of litter from various occupants in neighbouring bins. 

Comment 

The issue of litter is unlikely to be an issue as the site can accommodate a suitable 

waste storage area for the storage of the general waste bin and recycling bins. The 

boarding house is proposed to accommodate four lodgers on the ground floor level. 

There is no evidence to suggest that these lodgers will litter or use neighbouring bins 

to dispose of litter. Additional bins can be obtained by contacting our Waste Services 

office. New bins are provided at a fee. An advice will apply regarding this. 

• Permanent Avenue is part of a residential area and not zoned for boarding 

houses or high density area. The surrounding dwellings are private dwellings. 

Comment 

Despite being prohibited under the Canterbury Planning Scheme Ordinance, the 

proposed ‘boarding house’ is a permissible type of development under Clause 26(b) 

and Clause 27(b) of Part 2 Division 3 of the ARHSEPP 2009, which effectively 

overrides our local controls. Permanent Avenue is characterised by single and two 

storey dwellings. The change of use of the ground floor to a boarding house will not 

detract from the existing character of the street as there are no changes to the external 

appearance of the dwelling. Beyond being a State sanctioned permissible use, the 

proposed boarding house is consistent with the existing local character. 

Conclusion 

The proposed development complies with the relevant requirements that apply to boarding 

houses. The bulk and scale of the existing dwelling is consistent with surrounding residential 

developments in the locality and the provisions of State Environmental Planning Policy 

(Affordable Rental Housing) 2009. The proposed development is not expected to generate a 

Page 243




significant increase in traffic and parking demand in Permanent Avenue. Subject to operating 

within the recommended conditions of consent, the proposed boarding house should not result 

in either a significant or negative impact on the local residential amenity. 


THAT Development Application DA-117/2012 be APPROVED subject to the following 

conditions: 






• Smoke Detection System 


• Compliance with the Disability (Access to Premises - Buildings) 












1986. 







payment. 

2. The applicant/operator of the use must implement a Plan of Management for the use. 

The Plan of Management must specify how the premises are to be operated as a 

boarding house, and must address issues including, but not restricted to, the following: 

• establishing house rules; 

• resident behaviour; 

• maintaining good relations with neighbours; 

• noise; 

• the use of external areas; 

• the holding of parties; 

• the consumption of alcohol on the premises; 

• the use of stereos and like equipment; 

• the carrying out of activities likely to cause a nuisance; 

• the parking of vehicles; 

• the registering of complaints; 

Page 244




• dealing with complaints; 

• cleaning of premises; 

• disposal of waste. 

The Plan of Management must be submitted to Council’s Community Safety Officer 

for approval prior to the issue of a Construction Certificate, and the use shall be 

operated in accordance with the approved Plan of Management at all times. The 

applicant/operator of the use shall, as part of the Plan of Management, provide Council 

and all neighbouring properties in Permanent Ave with a 24-hour telephone contact 

number to be used for the registering of complaints. The applicant/operator of the use 

is to monitor the number and nature of complaints, shall formally register all 

complaints received and shall detail the action taken to rectify the problems that have 

arisen. This information shall be collated into a Complaints Log. 

3. Prior to the issue of a Construction Certificate, plans must be provided to the Principle 

Certifying Authority (PCA) and to Council, if Council is not the Certifying Authority 

which show the allocation of one car space within the garage for the use by the 

boarding house and that a section within the garage is to be allocated for the parking of 

a motorcycle and a bicycle or alternatively provision be made for one motorcycle 

space and one bicycle bay within the front setback along the southern elevation of the 

dwelling. 










SITE SIGNAGE 








DEMOLITION 



provisions of Australian Standard AS 2601-2001: The Demolition of Structures 

and the Construction Safety Act Regulations. 


hazardous materials, including asbestos or materials containing asbestos must be 

carried out in accordance with the requirements of the Workcover Authority of 

New South Wales. 



(d) A hoarding or fence must be erected between the building or site of the building 

and the public place, if the public place or pedestrian or vehicular traffic is likely 

Page 245




to be obstructed or rendered inconvenient because of the carrying out of the 

demolition work. 
























hours). 







1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. 

Note: For further advice you may wish to contact the NSW Community LEAD 

Advisory Service on 9716 0132 or 1800 626086 (freecall) 

(o) Hazardous dust not being allowed to escape from the site. The use of fine mesh 

dust proof screens or other measures are recommended. 

(p) Any existing accumulations of dust (eg. ceiling voids and wall cavities) must be 

removed by the use of an industrial vacuum fitted with a high efficiency 

particulate air (HEPA) filter. All dusty surfaces and dust created from work is to 

be suppressed by a fine water spray. Water must not be allowed to enter the 

street and stormwater systems. Demolition is not to be performed during adverse 

winds, which may cause dust to spread beyond the site boundaries. 

GENERAL 


details prepared by Arquitectos, Drawing No. 01-06 dated 5 April 2012 as received by 

Council on 11 April 2012. except where amended by the conditions specified in this 

Notice: 

Page 246




7.1. The Construction Certificate Plans must show all bathroom windows with 

obscured glazing to maintain the privacy of future occupants of the boarding 

house and the adjoining dwellings. 

7.2. The room nominated as “bedroom” on the ground floor plans must not be used 

as a bedroom at any time and is to be utilised as a common living room for the 

lodgers. This amendment must be shown on the Construction Certificate Plans 

prior to the issue of the Construction Certificate. 

8. The ground floor of the dwelling not being used at any future time other than for the 

purpose of a 3 room boarding house. The first floor of the dwelling must only used for 

the purpose of a single dwelling. 

9. A total of four boarders being accommodated within the three boarding rooms on-site 

at any one time as follows: 

9.1. One (1) lodger for Bedroom 1, one (1) lodger for Bedroom 2 and two (2) 

lodgers for Bedroom 3. 

10. A security system is to be installed at the entrance to the building to prevent 

unauthorised access into the complex. Visitors should only be able to gain access into 

the dwelling via a buzzer system. 

11. The ground floor portion of the existing two storey dwelling shall continue to be used 

exclusively for the purposes of a boarding house within the meaning of State 

Environmental Planning Policy (Affordable Rental Housing) 2009. 

12. Strata subdivision of the boarding house is not permitted. 

13. One (1) off-street car spaces, being designed in accordance with AS 2890.1, provided 

for the boarding house and must be sealed and linemarked to the satisfaction of the 

Principal Certifying Authority. Two (2) car spaces for the first floor residence must be 

provided on site. The two (2) spaces for the first floor residential component must be 

independently accessible from the single car space for the boarding house. 

14. The detached cabana and storage area at the rear of the property must not be used for 

habitable purposes. 

15. Access to the premises should be provided for people with disabilities. Any step, lip 

or significant level change should be addressed by means of a ramp complying with 

AS 1428.1. An uninterrupted path of travel should be maintained from the entrance to 

the premises in Permanent Avenue. Unimpeded access must also be provided for 

people with disabilities to the waste, recycling and mail box areas. 

16. The boarding house must be constructed and provided to comply with all applicable 

provisions as outlined in AS1428.1, AS1735.14 and the Disability (Access to Premises 

– Buildings) Standards 2010. 













Compliance is required with Part 3.7.2.5 of the National Construction Code Volume 

Page 247




two Building Code of Australia. 

22. The stairwell windows being translucent glass. 







26. The construction site must have soil and water management controls implemented as 

described in Specifications S1 and S2 of Council’s Stormwater Management Manual. 




28. In accordance with Section 93 & 94 of the Environmental Planning and Assessment 

Regulations 2000 , the premises is required to be up graded in accordance with the 

following conditions or an alternative solution be submitted which complies with the 

performance requirements of the National Construction Code Volume One Building 

Code of Australia 

29. The installation of an automatic smoke detection and alarm system in the building, 

comprising an automatic smoke detection and alarm system complying with 

Specification E2.2a of the National Construction Code, (inclusive of system 

monitoring to Clause 7, unless otherwise approved by the NSWFB). This is an 

essential fire or other safety measure. 

30. Install a Portable fire extinguisher and fire blanket in kitchen areas on the ground 

floor in accordance with AS2444 










design. 






32. Class 1 and 10 Buildings 









Page 248







hours. 




OTHER APPROVALS 

35. Outfitting and operation of the use in accordance with Schedule 2 (Part 1-STANDARDS 

FOR PLACES OF SHARED ACCOMMODATION) of the Local Government (General) 

Regulation 2005. Council conducts routine annual inspections in order to ensure 

compliance with the requirements of the Schedule and a written report of the result of 

the inspection is issued by the Fire Safety Officer. A fee is payable for this service 

under Section 608 of the Local Government Act 1993. 



(NCC). 

37. Additional bins can be obtained by contact our Waste Services Co-ordinator in City 

Works. New bins are provided based on the level of occupancy in the Boarding 

Housel. Fees apply for any new bins. 




• Glazing 

• Fire Safety (Smoke Detection System) 















THAT Development Application DA-117/2012 be APPROVED in accordance with 


amendments: 

1. Insert a new heading “Part A” before “PRIOR TO THE ISSUE OF A 

CONSTRUCTION CERTIFICATE”. 

2. Insert the following at the end of sentence of the 11 th dot point in condition 2: 

Page 249




“to be kept up to date and available to Council for inspections.” 

3. Insert additional dot points after the “disposal of waste” in condition 2 as 

follows: 

“● The maximum number of people in accordance with condition 

9. 

● Entry and exit requirements and procedures including the 

exclusion of the eastern side passage for entry and exit to the 

dwelling by boarders.” 


“7A. This consent is for a limited period of two (2) years only.” 


“10A. The eastern side passage must not be used for entry or exit to any part 

of the boarding house (except for emergencies). A locked gate is to be 

erected at the southern end of the passage (but not forward of the 

dwelling) and keys to this gate must not be given to boarders.” 

6. Amend condition13 to read as follows: 

“One (1) off-street car space, being designed in accordance with AS 

2890.1, provided for the boarding house which must be sealed and 

linemarked to the satisfaction of the Principal Certifying Authority (in 

the front of garage). Two (2) car spaces for the first floor residence 

must be provided on site (in the double garage). The two (2) spaces for 

the first floor residential component must be independently accessible 

from the single car space for the boarding house.” 

7. Insert the following at the end of “RECOMMENDATION”: 

“Part B 

The Panel recommends that Council investigate the establishment of a 

boarding house registration system for the City of Canterbury.” 

Page 250






WARD: EAST 


Applicant: 

Owner: 

Mrs D Tepic 

Mr Delimir & Mrs Danira Tepic 

Zoning: Residential 2(a) under the Canterbury Planning Scheme Ordinance 

Application Date: 27 July 2012 

Summary: 

• It is proposed to construct a new metal pergola over an existing first floor balcony at 

the rear of a two storey dwelling. 

• The development is permissible with Council consent within the Residential 2(a) zone 

under the provisions of the Canterbury Planning Scheme Ordinance. 

• In accordance with Development Control Plan 32 - Notification Policy, all adjoining 

owners and occupiers were notified. No submissions were received. 

• The proposal complies with all development controls contained in Development 

Control Plan 49 - Single Dwelling Code. 

• The reason this Development Application is referred to the IHAP is that the applicant 

is a Council employee. The DA is to be determined by the City Development 

Committee. 


conditions. 



amendments. 




Report: 

Site Details 

The site is identified as being Lot 200 D. P. 1145890 and is located on the western side of 

Woodlawn Avenue, Earlwood approximately 60 metres north of the intersection of 

Woodlawn and Wolli Avenues. It contains a rectangular shaped allotment with a site frontage 

of 9.82m, site length of 41.52 m and an overall site area 333.9sqm. The land falls to the rear 

of the property. 

Page 251


23 WOODLAWN AVENUE, EARLWOOD: CONSTRUCTION OF A PERGOLA OVER AN EXISTING FIRST FLOOR 

BALCONY (CONT.) 

The site is currently occupied by an attached two-storey dwelling which was approved in 

1998. 

Adjoining the site to the north-east is number 23A Woodlawn Avenue which is occupied by 

the other half of the two-storey dual occupancy, the dual occupancy was subdivided in 2010. 

The adjoining site to the south-west, known as 25 Woodlawn Avenue, consists of a two storey 

dwelling with a detached garage located along the south west boundary of the property. 

The properties in the surrounding vicinity consist of predominately single and two storey 

dwellings. 

Proposal 

The proposal is to construct a metal pergola over the existing first floor balcony at the rear of 

the existing dwelling. The new pergola is to have an overall length of 6.4m, a width of 2.2m 

and a height of 2.7m above the balcony floor. 








• Development Control Plan 49 – Single Dwelling Code 

• Stormwater Management Manual- Specification 9 “A Guide to Stormwater Drainage 

Design”. 

Page 252




Assessment 



• Statutory Position - Permissibility 

The subject site is zoned Residential 2(a) under the Canterbury Planning Scheme 

Ordinance and the proposed development is permissible with Council consent. 



Council and is an Instrument to consider under Section 79C (1)(a)(ii) of the 




Zoning R2 Low Density The proposed development is permissible within Yes 

Residential the R2- Low Density Residential zone 

Building height 8.5m 6.4m Yes 



• Development Control Plan 49 – Single Dwelling Code (DCP 49) 

Assessment of the application reveals that the proposed development satisfies all 

provisions of DCP 49 – Single Dwelling Code. The following requirements are 

discussed below: 

Side Setback 

Clause 5.8 of DCP 49 states that “the minimum side boundary setback for additions to 

existing dwellings will be considered on merit” and that “this may be reduced taking 

into account the setback of the existing dwelling”. 

The existing dwelling is setback 1150mm from the property’s south-western boundary 

and shares a party wall with the adjoining dwelling’s boundary. 

The proposed pergola will have a side setback from the south-western boundary of 

1.5m and will abut the common boundary wall of the attached dwelling. 

The setback of the proposed pergola is consistent with our side setback requirements. 


Clause 6.1 of DCP 49 states that the “maximum building height for all new dwellings 

and all alterations and additions to existing dwellings are 7m and two storeys”. The 

existing dwelling is two storeys and the proposed new pergola is to have an overall 

height of 6.4m to ground level. The proposed pergola complies with our building 

height requirement. 

Page 253




Floor Space Ratio 

Clause 7.1 of DCP 49 imposes a floor space ratio of 0.55:1 for any property with a site 

area equal to or less than 600sqm, as in this instance. 

The gross floor area of the existing dwelling together with the additional roofed area of 

the patio occupies less than 0.55:1 of the land and is therefore consistent with 

Council’s floor space ratio requirement. 

Privacy 

Clause 10 of DCP 49 requires all new dwellings and extensions to existing dwellings 

be designed to minimise overlooking and provide adequate visual privacy for residents 

and their neighbours. 

The proposed pergola will not create any new opportunities for overlooking into 

adjacent properties. The pergola is to be constructed over an existing elevated balcony 

and while the pergola may potentially increase the overall occupation of the balcony 

(ie: that it be occupied more frequently, rather than by more people) the pergola does 

not, in itself, represent any increased opportunity to reduce neighbours privacy. 

• Stormwater Management Manual – Specification 9 “A Guide to Stormwater 


The pergola will connect into the existing stormwater disposal system for the existing 

dwelling, which has an adequate stormwater disposal method. A condition is 

recommended which requires that the pergola connect to the existing stormwater 

disposal system. 

Notification 

In accordance with DCP 32 – Notification Policy, all adjoining owners and occupiers were 

notified of the proposed development for a period of 14 days. No submissions were received. 

Conclusion 



plans, codes and policies. It complies with all relevant DCP requirements. In this regard, it is 

recommended that the development application be approved subject to conditions. 



conditions: 


1. A Construction Certificate must be obtained before commencing any building work 

related to this consent 







Page 254










payment. 






2.2. You must give the Council at least 2 days notice of your intention to commence 






INSURANCE 








SITE SIGNAGE 








GENERAL 

5. The development being carried out in accordance with architectural plans prepared by 

Danira Tepic, Drawing No’s. Sheet A1 & A2, Dated: 27 July 2012, and Drawing Sheet 

prepared by Stratco Outback, dated 15 July 2012 as received by Council on 27 July 

2012; except where amended by the conditions specified in this Notice. 


placed on the footway or roadway. Materials must not be deposited on Council’s 

roadways as a result of vehicles leaving the building site. 






prominent point on the building site, visible to both the street and site workers. The 

sign must be displayed throughout construction. 

Page 255




9. All building construction work must comply with the National Construction Code 

(formally the Building Code of Australia). 

10. The proposed structure being erected so as to stand wholly within the boundaries of 

the allotment. 

11. The metal pergola must not be enclosed at any future time without the prior consent of 





STORMWATER DRAINAGE 

13. The stormwater system must be connected to the existing stormwater system. 


14. Class 1 and 10 Buildings 

14.1. The following critical stage inspections must be carried out by the Principal 


14.2. After the building work has been completed and prior to any occupation 













(formally the Building Code of Australia). 











determined within 6 months of receipt of the date of receipt of this Notice of 

Determination. 







Page 256






amendment: 


“Balcony covered by the metal roof must not be further enclosed at any 

future time without the prior consent of Council.” 

Page 257


14 313A HOMER STREET, EARLWOOD: CONSTRUCTION OF FIVE 

STOREY MIXED USE DEVELOPMENT COMPRISING 

BASEMENT LEVEL AND GROUND LEVEL CAR PARKS, TWO 

GROUND FLOOR COMMERCIAL TENANCIES AND 15 

RESIDENTIAL UNITS 

FILE NO: 428/313AD PT3 


WARD: EAST 


Applicant: 

Owner: 

Mackenzie Architects Pty Ltd 

Blackwood Properties Pty Ltd 

Zoning: General Business 3(a1) under Canterbury Planning Scheme 

Ordinance 

Application Date: 26 September 2011; with additional information submitted on 30 

March 2012, 2 April 2012, 1 May 2012, 25 June 2012 and 10 

August 2012 

Summary: 

• The applicant seeks consent to retain the existing facade, demolish the remaining site 

structures and construct a five storey mixed commercial and residential development 

containing a basement level and ground level car park, two ground floor commercial 

tenancies and 15 residential units. 

• The subject site is zoned General Business 3(a1) under the Canterbury Planning 

Scheme Ordinance (CPSO). The proposed development is defined as ‘multi-unit 

housing’, ‘commercial premises’ and ‘shop’ and is permissible within the zone subject 

to approval. 

• The application was notified/advertised in accordance with Development Control Plan 

32 - Notification Policy. The application has been notified on two separate occasions. 

During the first notification period, which related to the original design involving 16 

residential units and one commercial tenancy, we received seven submissions all 

objecting to the proposed development. In March 2012, the design was revised with 

the number of residential units reduced from 16 to 15 and a redesign of the rooftop 

terrace. These amendments were renotified in May 2012 during which two 

submissions objecting to the proposed development were received. Issues of concern 

related to the overdevelopment of the site and inconsistency with the character of 

Homer Street, amenity issues, traffic and parking issues, loss of privacy, noise 

pollution, lack of open space, streetscape and design issues, loss in property values and 

impacts on the heritage façade of the existing building. These issues have been 

addressed and are discussed in greater detail in the body of this report. 


planning instruments and development control plans, with the exception of building 

setback control, building height and deep soil planting area requirements. The 

Page 258


313A HOMER STREET, EARLWOOD: CONSTRUCTION OF FIVE STOREY MIXED USE DEVELOPMENT 

COMPRISING BASEMENT LEVEL AND GROUND LEVEL CAR PARKS, TWO GROUND FLOOR COMMERCIAL 

TENANCIES AND 15 RESIDENTIAL UNITS (CONT.) 

proposed development is consistent with and reflects the objectives of the zone and the 

performance criteria established under Development Control Plan 54 – Town Centres. 


conditions. 


refused. 




Report: 

Background 

On 30 September 1992, Council approved DA-6143/92 for the conversion of the existing first 

floor flat to an administrative office for a wine and spirit wholesale. The approval was issued 

for a 12 month trial period. 

On 23 September 1993, Council issued approval for a further two years for the conversion of 

the existing first floor flat to an administrative office for a wine and spirit wholesaler. 

On 16 July 2001, Council approved DA-1574/99 for the construction of three additional two 

bedroom units in the complex. The consent was not activated and effectively lapsed. 

After lodging the subject DA on 26 September 2012, we sought legal advice to clarify our 

position on the status of the rear section of Homer Lane which forms part of the subject site. 

Although the rear section appears as public road, being kerbed, guttered and sealed, in fact, it 

forms part of the subject site. The legal advice obtained states that based on a review of the 

subdivisions that were undertaken along Homer Lane, it has been our intention to create 

Homer Lane by obtaining dedication of the land necessary to create the lane upon subdivision 

applications in respect of the original lots. Homer Lane has been created by the reduction in 

the depth of the lots fronting Homer Street. Further, the advice recommends that compulsory 

acquisition be undertaken to formalise this rear section within the subject allotment to form a 

part of Homer Lane. This can be undertaken through a subdivision application of the 

allotment to dedicate this area for the purposes of a public road. 

Site Details 

The site is located on the northern side of Homer Street, between Clarke Street and 

Collingwood Avenue, Earlwood and is opposite Our Lady of Lourdes church. The site has a 

street frontage of 12.19 metres and average depth of 48.77 metres and has an area of 594.5m². 

The land is relatively flat, sloping towards Homer Street. 

Part of Homer Lane traverses the rear section of the site, effectively reducing the area of the 

land by 74.3m², and its depth by 6.1 metres. As cited previously, this short section (12.19m 

long) of Homer Lane has not been dedicated as a public road. 

Page 259





The site is occupied by a two storey building constructed of brick and has a skillion roof 

constructed of corrugated iron. The ground floor of the building is used for commercial 

purposes and contains a hairdressing salon; a travel agency; and two x two bedroom units. 

The second storey contains two x one bedroom residential units. A detached garage is erected 

adjacent to the alignment of Homer Lane, and can accommodate two vehicles. 

The surrounding development is a mix of two storey commercial buildings of varying 

architectural styles that include residential units on the upper floors. The site immediately to 

the east is a two/three storey building comprising of commercial/retail floor space and 

residential development and the site immediately to the west comprises ground floor 

commercial and first floor residence. Single detached residential dwellings are located on the 

northern side of Homer Lane, fronting Coney Road. 

Proposal 

The applicant is seeking consent to retain the existing facade, demolish the remaining site 

structures and construct a five storey mixed use development containing two ground level 

commercial/retail tenancies and 15 residential units with a basement level and ground level 

car park. 

The proposed car park is to be accessible from Homer Lane at the rear of the site and provides 

a total of 24 car parking spaces which includes 18 residential spaces, three visitor spaces for 

the residential units, one commercial parking space, one service/delivery bay and one car 

wash bay. 

The proposed ground floor provides two retail/commercial tenancies with a total floor area 

96.55sqm which are accessible via the Homer Street frontage. Two adaptable residential units 

are provided on the fourth and fifth floor and are accessible from the Homer Street frontage 

and Homer Lane. In addition, there is a waste management area, a disabled toilet, separate fire 

Page 260





stairs and fire exit pathway and one residential lift in the lobby area that is accessible from the 

Homer Street frontage. 

The proposal is five storeys in height and comprises four x one bedroom units and twelve x 

two bedroom units. A landscaped rooftop terrace for communal use by occupants of the 

residential component of the development is proposed. 







• State Environmental Planning Policy 1 – Development Standards. 




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



(DCP 29) 







Assessment 




The subject site is zoned General Business 3(a1) under the Canterbury Planning 

Scheme Ordinance (CPSO). The proposed development is defined as ‘multi-unit 

housing’, ‘commercial premises’ and ‘shop’ under the provisions of the Canterbury 

Planning Scheme Ordinance (CPSO). The proposed development is permissible in the 

zone with consent. 

Clause 38A(2) of the CPSO requires that we consider the impact the proposed 

development may have on any heritage items. The subject site is identified as a 

potential heritage item by the Canterbury Heritage Study Review (2006). 

The application was referred to our Heritage Advisor who reviewed the initial 

proposal which involved the complete demolition of the existing building. The 

applicant was advised that the demolition of the building could not be supported given 

the strong contribution of the building to the streetscape and that this was contrary to 

Page 261





vision for the Earlwood Town Centre which encouraged the retention of such 

distinctive interwar buildings. 

In response, the applicant submitted a revised proposal along with a Heritage Impact 

Statement. The revised design proposed the retention and restoration of the existing 

façade. Our Heritage Advisor is supportive of the revised design which maintains the 

significant façade which is consistent with the Town Centre Development Control 

Plan vision for Earlwood. 

Further, a condition of consent is recommended that an archival photographic 

recording be prepared by or on behalf of the applicant and is to be submitted to 

Council and approved by our Heritage Advisor prior to the issue of a Construction 

Certificate. 

Clause 44 of the CPSO provides for a Floor Space Ratio (FSR) for this development. 

The maximum permissible Floor Space Ratio for this site is 2:1. Based on a total site 

area of 594.5sqm, a total gross floor area of 1189sqm is permitted. In accordance with 

Clause 44(a)(i) and (ii) of the CPSO, half of the total permissible floor area of 

1189sqm, being 594.5sqm, can be used for non-residential purposes. The proposed 

development complies with this control as the non-residential use has a floor space of 

0.37:1 (220.37sqm). However the residential component is substantial at 1411.03sqm 

which result in a total floor FSR of 2.74:1, comprising a total residential floor space of 

1,411.03m² and a total non-residential floor space of 220.37m². An FSR of 2.74:1 is a 

significant departure from the 2.1 control in the CPSO. However, Council has adopted 

Development Control Plan 54 - Town Centres (DCP 54) which allows for a more 

generally intense development that is in line with the objectives, density and building 

envelope controls of DCP 54. 

A SEPP 1 Objection to this FSR control has been included as part of this application 

and is discussed below. 

• State Environmental Planning Policy 1 – Development Standards (SEPP 1) 

The applicant has submitted an objection to Clause 44 of the Canterbury Planning 

Scheme Ordinance under State Environmental Planning Policy 1 – Development 

Standards (SEPP 1). 

In giving consideration to the SEPP 1 Objection, guidance is taken from the judgement 

handed down from Lloyd J in Winten v North Sydney [2001] NSW LEC 46 (6 April 

2001). This case sets out a five step test for assessing SEPP 1 Objections, these being: 

1. Is the planning control in question a development standard? 

2. What is the underlying object or purpose of the standard? 

3. Is compliance with the development standard consistent with the aims of the 

policy (ie. The CPSO) and in particular, does compliance with the 

development standard tend to hinder the attainment of the objects specified in 

Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 

(EPAA)? 

4. Is compliance with the development standard unreasonable or unnecessary? 

5. Is the objection well founded? 

Page 262





In answering these five questions, the following information is provided: 

1. The control in question (Clause 44 of the CPSO – Floor Space Ratio) is a 

development standard. 

2. The CPSO has no objectives relating to the Ordinance as a whole or 

specifically relating to the issue of floor space. 

3. The CPSO does not contain any aims or objectives. However, Section 5(a)(i) 

and (ii) of the EPAA includes the following objectives: 

a) to encourage: 

(i) the proper management, development and conservation of natural and 

artificial resources, including agricultural land, natural areas, forests, 

minerals, water, cities, towns and villages for the purpose of promoting 

the social and economic welfare of the community and a better 

environment; and 

(ii) the promotion and co-ordination of the orderly and economic use and 

development of land. 

Despite the numerical non-compliance, the proposal is acceptable having 

regard to Section 5(a)(i) and (ii) of the EPAA as the development provides 

adequate on-site car parking spaces, as detailed in the submitted Traffic and 

Parking Review prepared by Varga Traffic Planning Pty Ltd, will not create 

any unreasonable impacts on adjoining sites in terms of visual impact, 

disruption of views, loss of privacy or loss of solar access. The proposal is also 

generally consistent with the building envelope requirements as outlined in 

DCP 54 – Town Centres. The proposal fulfils the objectives of Section 5(a)(i) 

and (ii) of the EPAA. 

4. In considering whether compliance with the maximum floor space ratio is 

unreasonable or unnecessary, it is relevant to take into consideration the extent 

of the increased impact the proposed development would have on the adjoining 

properties and precinct as a whole over the impacts of a compliant 

development. Given that the proposal is generally consistent with the building 

vision and envelope requirements of DCP 54 – Town Centres and solar access 

requirements of DCP 37 – Energy Smart Homes, the increase in floor space 

will not create any negative impacts to adjoining properties or precinct. On this 

basis, compliance with this standard is considered unnecessary. A reduction to 

comply with our FSR control will not result in an improved development or 

better town centre. 

5 The proposed variation to the floor space ratio standard of the Canterbury 

CPSO does not create any negative impacts on the surrounding locality. It is in 

line with Council’s more recent decision to adopt DCP 54 which sets out the 

desired future character of the area. This site has been highlighted as one that 

could support a higher density development. Taking the above into account, the 

variation is well founded and is supported under the circumstances. 






Page 263





Standard Requirement Proposal Comments 

Zoning B2 – Local Centre The proposed development is 

permissible within the B2 – 

Local Centre zone, as defined in 

the Draft LEP 2012. 

FSR No FSR applies No FSR controls apply to within 

the B2 zone under the Draft LEP 

Building 

height 

The subject site is 

identified as being within 

an area where a height 

limit of 18 metres 

applies. 

2012. 

The subject development has a 

maximum height of 18 metres. 

Page 264 

The proposed 

development is 

permissible with consent 

under Draft LEP 2012. 

N/A 







buildings in NSW by way of addressing the following design principles: 

Context 

The mixed-use development is consistent with the future character of the area and is a 

permissible use within the zone. Higher density residential development will be a 

characteristic of the area within and adjacent to the business centre. 

Scale 


developments which we are encouraging in the area. This is achieved by the general 

compliance with the building envelopes set by DCP 54. 

Built Form 

The proposal achieves the built form objectives as it contributes positively to the 

streetscape and provides a high amenity for residents and tenants. 

Density 

The proposed development has been designed in accordance with the built form 

controls of DCP 54 and represents an appropriate density and building envelope for 

the site. The proposal contributes positively to the streetscape by retaining and 

restoring a contributing streetscape element (being the building façade) and provides a 

high level of amenity for future residents. 


The applicant has submitted a BASIX Certificate, demonstrating that the proposal 

achieves the relevant energy efficiency standards as specified by both SEPP 65 and 

SEPP 2004. 

Yes





Landscape 

Landscape details have been provided for landscaping to the communal rooftop 

terrace. The rooftop terrace will provide a high level of amenity to the residents of the 

development. 

Amenity 

The proposal will achieve satisfactory residential amenity with reasonable room size 

and shape, along with access to natural light and ventilation. The narrow nature of the 

site means that the units fall under the Residential Flat Design Code as single 

aspect/corner apartment hybrids. The living rooms adjoin generous size terraces and 

have functional links to the kitchen areas. The proposal is consistent with the “Rule of 

Thumb” for residential development found in the Residential Flat Design Code. 


Satisfactory provision for security with secure access to the lift lobby and access to 

upper level dwelling is provided. The design has entry points that are easily 

distinguishable and not concealed by structures or landscaping. The proposal has been 

reviewed in accordance with our Crime Prevention Through Environmental Design 

Policy (DCP 29) and the proposal is consistent with its principles. 


The mixed use development will add to the range of dwelling size options and 

optimise the provision of housing to suit a social mix. Adaptable units have been 

incorporated into the design to meet the needs of the area. 

Aesthetics 

The design of the proposal and the proposed building elements contribute to the 

desired future character of the area, by retaining the existing contributing streetscape 

façade on the site. The façade forms part of a potential heritage item and its retention 

as part of this DA represents a suitable design response and outcome. 

The applicant has submitted a statement which details the proposed development's 

compliance with the design principles of SEPP 65. 

In particular the scale, density and built form of the development are appropriate for 

the development’s position within the Earlwood Town Centre. The ground floor 

commercial tenancies complement the local retail/office precinct and promote an 

active street frontage. The residential component of the development comprises an 

adequate dwelling mix, which will diversify housing choice within the Earlwood 

Town Centre. The individual apartments provide a high level of amenity for occupants 

through the provision of spacious bedrooms, common living areas and deep balconies. 



Page 265





• State Environmental Planning Policy 2004 (Building Sustainability Index: 

BASIX) 

A BASIX Certificate (Certificate No. 394965M_03) accompanies this application. 

The certificate lists a number of commitments, which have been shown on the DA 

plans and the proposal meets the energy targets of the SEPP 2004. 




Commercial & 

Retail (May be paid 

through Section 94 

Contributions) 

1 space per 40m² (





As the subject property is located within Earlwood Town Centre, this arrangement is 

permitted in accordance with Clause 4 of Council’s Section 94 Contributions Plan. In 

this regard, should the application be approved, suitable conditions have been 

recommended levying Section 94 contributions for one parking space. 

Due to the 12.19 metre site width, provision of the required on-site car parking spaces 

and adequate manoeuvring area, in accordance with AS2890.1, is limited. To 

accommodate the car parking spaces on-site and to fulfil the requirements of 

AS2890.1, the proposed development seeks to use a motorised parking stack system 

that allows for two cars to park in the same spot using a vertical hoist. Details of how 

the motorised parking stack system is to operate and a review of the proposed 

vehicular access and car parking arrangements undertaken by Varga Traffic Planning 

Pty Ltd has been submitted. The proposed motorised parking stack system is 

considered to be suitable as it will efficiently accommodate the parking of 16 car 

parking spaces within the proposals basement level. 





Clear access Access to the individual The entrance to the residential component Yes 

points units be clearly marked and is through a designated foyer area fronting 

apparent to visitors Homer Street. Customers of the 

commercial tenancy will not have access 

to this area. 

Natural Clear glazing be used and No obscure glazing is proposed as part of Yes 

surveillance obscure glazing (on shop the commercial tenancies fronting Homer 

fronts) be minimised to 

ensure natural surveillance 

Street. 

Controlled That access in and around Access to the residential component is Yes 

access the site be controlled achievable only by residents and their 

guests who are specifically granted access 

via intercom and staff of the commercial 

tenancy. 

Minimise That concealment points be The front setback has been minimised and Yes 

concealment eliminated 

the development built to side boundaries 

points 

to reduce concealment/entrapment points 

and potential for anti-social activities 


Code. 


Clause 7.9 of DCP 37 requires that proposals involving the erection of a mixed-use 

building maintain a minimum of 2 hours of solar access to clothes drying areas, 50% 

of rear yards, and at least one living room window of adjoining properties between 

Page 267





9am to 3pm on 21 June. Where existing overshadowing by buildings and fences is 

already greater than this, sunlight is not to be further reduced by more than 20%. 


shows the affect of the proposed overshadowing. The diagrams demonstrate that the 

proposal will increase shadows cast over Homer Street. The residential properties to 

the rear and which have frontage to Coney Road will be unaffected from the proposed 

development. Accordingly, the proposed development is consistent with the 



The landscape plan submitted with the application has been examined by our 

Landscape Architect who raises no objections to the proposal, subject to appropriate 

conditions of consent being included in any consent granted. 


The proposal has been assessed by our Waste Services Co-ordinator and was found to 

be in accordance with the requirements of DCP 48. The applicant has provided a 

waste storage room for both the residential and commercial components and 

conditions of consent have been attached regarding the collection of the bins. 

A waste storage room with an entry door, separate to the main foyer area on the 

ground floor level, which is accessible from the Homer Lane frontage has been 

provided to assist in maintaining the amenity of the development and reducing odour. 




Orientation Position and orientate buildings to Development has been designed to Yes 

maximise north facing walls maximise exposure for solar access 

Align buildings to the street on Building is aligned to the street. Yes 


Building has a north-south 

orientation. 

Optimise solar access to living Solar access is optimised by Yes 

spaces and associated public, predominantly orientating balconies, 

communal and private open spaces living areas and open spaces to the 

by orientating to the north where 

possible. 

north. 

Retention of Facades of early buildings to be Existing façade of potential heritage Yes 

Heritage 

Items/Early 

Buildings 

retained. 

item is to be retained and restored. 

Building Locating entries so that they relate The entrances to the development Yes 

Entry and to the existing street and 

are directly off Homer Street. 

Pedestrian subdivision pattern, street tree 


network 

Page 268






Design the entry as a clearly The entrance to the building is Yes 

identifiable element of the building centrally located in the design and is 

in the street 

readily identifiable 


include main common entry for the residential component. 

Independent access to the retail 

component is also available directly 

from Homer Street. 

Provide safe and secure access that Access is safe and secure with no Yes 

includes clear sight lines. 

obstructions to obscure sight lines. 

Entries to upper levels should be Access to all dwellings is via the Yes 

provided from front façade. common entrance from Homer 

Street. 


pedestrians and vehicles. Within access is separate. No commercial 

mixed developments it is necessary visitor parking is provided within 

to separate the entry for residential 

and commercial entrances. 

the residential basement level. 

Design entrances and associated Entrance provides circulation space Yes 

spaces for the transportation of of 2 metres minimum width and has 

furniture 

access to a lift to all levels 


routes to public and semi public accessible. A pathway in and around 

areas, including entries, lobbies, the public and semi-public areas of 



the building are functional. 

Vehicle To be located to have minimal Basement entrance to be located on Yes 

Access impact on pedestrians and be northern side of development, via 

harmoniously integrated into Homer Lane, and is harmonious 


with the overall design response. 

Encourage separate parking for No non-residential visitor parking is Yes 

residential and non-residential to be provided within basement 

level 

Pedestrian safety to be maintained The vehicular entrances to the site Yes 

by minimising vehicular access 

points and ensuring clear sight 

lines 

maintain suitable sight lines 

Adequate separation must be Vehicle entrance has been located at Yes 

provided between vehicle entrance the rear, northern side of the site and 

and street intersections 

accessible via Homer Lane. There is 

sufficient distance to the nearest 

street intersection for sight line and 

turning circles. 

Vehicle entry to be maximum 6 Vehicle entry points a maximum of Yes 

metres wide 

3.6m wide 

Locate car park entry from Vehicle entrance located at the rear, Yes 


northern side of the site and is 

accessible via Homer Lane 

Minimise the number of vehicular Two vehicular access provided Yes 

accesses 

given the narrow site width and car 

parking arrangement. 

Page 269






Parking The provision of non-residential Section 94 Contributions to be Yes 

visitor parking is encouraged via levied for required non-residential 


Contributions where possible 

(commercial and retail) car parking. 

On Site Retain and optimise deep soil Basement required to occupy entire No – see 

Parking zones where possible 

site to provide sufficient car parking comment 

Placement, 

spaces 

below 

Design & Provide ventilation to the basement Ventilation to be provided to Yes 

Servicing level 

basement 

(Basement) Integrate ventilation grills or Car parking within basement and Yes 

screening devices of car park 

openings into the façade design and 

landscape design 

ground floor is to be screened 

Provide safe and secure access to Access to the basement and ground Yes 

all users 

floor level car park is to be secured 

via intercom operated roller door 

Secure bicycle parking to be Bicycle parking to be provided Yes 

provided 

within bicycle bay, located on the 

basement level 

Communal Communal open space may be 123sqm communal open space to be Yes 

Open Space provided on podiums or terraces provided on the roof top 

Locating it in relation to buildings The roof top terrace will provide Yes 

to optimise solar access to 

apartments 

optimum solar access. 

Consolidating open space on the The one communal open space area Yes 

site into recognizable areas with is provided which provides a 

reasonable space, facilities and reasonable area that provides a 

landscape 

level of amenity and facilities which 

incorporates landscaping 

Designing size and dimensions to The rooftop terrace is functional for Yes 

allow for the uses it will contain its intended purpose for recreation 

On redevelopment sites larger than Development provides for 20.6% Yes 

500m2 a minimum of 10% (123sqm) of site area to be provided 

(59.45m2) of the site area must be as communal open space, with a 

provided as communal open space, 

with a minimum dimension of 6m 

minimum dimension of 10m 

Visual Utilise the site layout to increase The commercial and retail 

Yes 


component of the development have 

been designed to utilise the ground 

floor level while the dwellings have 

been oriented to the upper levels, 

thereby increasing the separation 

distance between the residential and 

non-residential uses. 

Design building layouts to Direct overlooking is avoided by Yes 

minimise direct overlooking of way of balcony design, setbacks and 


adjacent to apartments. 

building orientation. 

Page 270






Use detailed site and building Balconies have been recessed, Yes 

design elements to increase privacy sliding screens and planter boxes 

without compromising access to within the communal terrace are to 

light and air 

be used to increase privacy without 

impacting on solar access 

Cross 60% of residential units should be 100% of dwellings are cross Yes 

Ventilation naturally cross ventilated 

ventilated 

25% of kitchens should have All of the kitchens have access to Yes 

access to natural ventilation natural ventilation 

Building Total Height 5 storeys & 18 metres 5 storeys & 21 metres No – see 

Height 

comment 

below 

Main Building (Base) up to 3 11.3 metres No – see 


comment 

below 





residential 2.7m min 

Min. 2.7 metres Yes 

2.5m min height from underside of 

awning to footpath 


2m min. depth of balcony Min. 2m Yes 

Building Commercial component 10-24 11.3 metres Yes 

Depth metres 

In general, an apartment building Maximum depth of any apartment is Yes 

depth of 10-18 metres is 

appropriate. The 18 metre 

guideline generally applies to street 

wall buildings, buildings with dual 

and opposite aspect and buildings 

with minimal side setbacks. 

Freestanding buildings may have 

greater depth than 18 metres only if 

they still achieve satisfactory 

daylight and natural ventilation 

17 metres. 

Building Ground, first and second floor may Ground floor built to the street Yes 

Setbacks be built to street alignment alignment. 

Floors 4 & 5 to be setback 5m Floor 4 setback 5m 

Yes 

Floor 5 setback 3m 

No – see 

comment 

below 

Rear setback 1m (laneway) 6 metres Yes 

Establish 45 degree height plane Site adjoins residentially zoned to Yes 

from projected 1.8 metre above the 

residential zone boundary 

the rear 


continuous frontage to Homer 

Street. 

Yes 

Page 271






Building 12m up to 4 storeys 

The development is not adjoined by Yes 

Separation 

any developments of four storeys or 

(as per SEPP 

65) 

18m storeys 5 to 7 

higher. 

Building At ground floor level viable shop Viable commercial and retail Yes 

Configuration fronts for business activities are to tenancies are provided with direct 

be created on the street frontages. frontage/exposure to Homer Street. 

Facades – To be in accordance with 

Façade is in accordance with the Yes 

Retaining Articulation controls of this DCP articulation requirements, as 

existing 

outlined in this table. Facade to be 

facades 

retained and upgraded as per the 

submitted plans. Works will not 

detract from the existing character 

and significance of the building. 

Cantilevered Height of between 3.2m and 4.2m 2.9 metres No – see 

Awning from natural ground/footpath 

comment 

below 

Width of awning to be 3 metres 3metres. To be imposed as a 

condition of consent, should the 

application be approved. 

Yes 


base and upper elements. 

levels 

The design of the street facade, The proposal will retain its existing Yes 

including the quality and durability street façade. This involves the 

of its materials, should be retention of the façade of the 

emphasised. 

existing building, being a potential 

The ‘street facade’ should have a heritage item, and constructively 

strong sense of verticality, working to integrate the existing, 

emphasised on the ground floor by and contributing streetscape element 

modulation at intervals of 6-8 into the proposed development. This 

metres with some variation. represents a suitable design 

Modulation above the ground floor response to the site and how the 

may take the form of party walls, development relates to Homer 

small bays, as well as variations in 

materials and colours. 

Street. 

The set back from the street facade Setback is between 3-5 metres for Yes 

to the upper building component is 

to be between 3-5 metres 

the upper building 

A visual finish using expressed Shadow lines to be created through Yes 

eaves, cornice or parapet elements the use of building design elements. 

with shadow lines is desirable. Recessed balconies further articulate 

the facade 

On public realm frontages, above Façade consists of an appropriate Yes 

the ground floor, balconies and mix of building design elements and 

voids should not dominate facades is not dominated by balconies or 

voids. 


public realm 

No blank walls face Homer Street Yes 

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Balconies should be used in Balconies are integrated into the Yes 

moderation and be integrated into overall design of the façade. There 

the overall composition of the is adequate variety in the balconies 

facade. They should not be configuration between the lower and 

implemented in a monotonous or upper levels of the development. 

repetitive configuration. This Balustrading is to be a combination 

applies to both recessed and of face brick finish and glass 






balustrades. 

The majority of windows shall be Majority of windows are to be Yes 

vertically rectangular 


Roof & Relate roof design to the desired Roof design is consistent with the Yes 

Terraces built form and or context 

desired built form and context of the 

area 

Design the roof to relate to the size The roof has been designed so as to Yes 

and scale of the building, the step up from the building edge. 

building elevations and 3D This gives it the appearance of an 

building form. This includes the ancillary structure which is 


complimentary to the building 

terminating elements and the design. The roof terrace and shade 

selection of roof materials. roof will not be visible from Homer 

Street and Homer Lane given the 

recessed setbacks. 


orientation of the site, for example, the northerly aspect to the rear of 

by using eaves and skillion roofs to the site to provide maximum solar 

respond to solar access. 

access. 

Private Open Combined private open space area Combined private open space area Yes 

Space, should be a minimum of 10% of for each unit greater than 10% of 

Balconies, dwelling floor space 

dwelling floor space. 

terraces & Primary balconies for 1 bedroom Minimum of 10.08sqm Yes 

Courtyards dwelling is to be 8sqm 

Primary balconies for 2 & 3 

bedroom dwellings are to be 10sqm 

Minimum of 10.08sqm Yes 

Full length balconies without Articulation and building design Yes 

articulation are not permitted elements incorporated to provide 

relief to balconies 

Primary balconies to be located All primary balconies are accessible Yes 

adjacent to main living areas. directly off living room 

Primary balconies to have Minimum depth of 2 metres and Yes 

minimum depth of 2 metres and be 

functional in dimensions 

functional in design 

Design and detail balconies in Balconies have been designed Yes 

response to local climate 

where achievable to have northern 

orientation to maximise solar access 

Storage (may 6m 3 per one bedroom dwelling 6m 3 minimum Yes 

Page 273






be provided 

in lockable 

spaces in 

garage) 

8m 3 per two bedroom dwelling 8m 3 minimum Yes 


Improvement development site is programmed to that the reconstruction of footpath 

Works be upgraded as part of the paving and associated works along 

streetscape improvement program a areas of the site fronting Homer 

development contribution will be Street is required. The footpath 

levied to fund the future costs of paving shall be constructed in 

these works where an applicable accordance with Council’s 

Section 94 Contribution Plan is in Specification for ‘Segmental Paving 

place. Alternatively the developer Works – Earlwood Shopping 

will be required to upgrade the Centre’. Works are to be carried out 

development site street frontage in by Council or an approved 

accordance with Council’s contractor and all associated costs 

specification 

for the work shall be borne by the 

applicant. 


DCP 54, with the exception of the deep soil planting control, building setback control, 

building height and the requirements for cantilevered balconies. These issues are 

addressed in further detail below. 

Deep Soil Planting 

DCP 54 requires that deep soil planting areas be retained and optimised where 

possible. However, in order to accommodate the number of car parking spaces 

required by our Car Parking Code (DCP 20), a basement level car park is proposed to 

be provided which will occupy the whole development. Therefore, there is no scope 

for deep soil planting areas throughout the site. Although this is not the desired 

outcome, on balance, due to the competing interests and the need to provide car 

parking on site for the residential units, the proposal to minimise deep soil planting is 

supported in this instance. 


The non-compliance with the height for the three storey element of the building has 

arisen from the retention of the existing façade and the limitations this has had on the 

overall design of the building. The variation of 300mm is minor given that the 

proposal will retain the façade which will have a positive contribution on the street. 


level to the highest point of the building. The proposed roof terrace provides a shade 

structure with a 3m high over the terrace which will encourage the use of this area 

given the weather protection it will provide. This shade structure will result in an 

overall additional building height of 3 metres. The shade structure is setback 

significantly from the front and rear elevations and has a curved design which reduces 

its visibility from Homer Street and Homer Lane. This is not considered to add to the 

bulk of the building and is permitted over the private open space areas. 

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Cantilevered Awning 

DCP 54 requires that cantilevered awnings should generally be 3.2m-4.2m high from 

footpath level. The existing awning along the Homer Street frontage has a height of 

2.9m which does not comply with this requirement. This requirement is applicable to 

new development, where as in this instance, the proposal seeks to retain the existing 

façade which includes the retention of the awning in its current location. The height of 

the existing awning will be consistent with that of the adjoining awnings and is 

acceptable and in accordance with the requirements for façade treatment under DCP 

54. 

Front Building Setback 

DCP 54 requires a front building setback of 5 metres for the fourth and fifth floors of 

the development. The proposal complies with this control for the fourth floor, however 

the fifth floor balcony on the Homer Street frontage encroaches into the required 

setback by 2 metres, due to its unroofed balcony. This encroachment does not 

considerably add to the scale of the building. The balustrades along the balconies 

provide a combination of glass and brick work which will provide adequate breaks in 

treating this section of the building. 

• Canterbury Development Control Plan 51 – Access and Mobility 

The proposed development has also been assessed against the provisions of 

Canterbury Development Control Plan No. 51 – Access and Mobility. Council’s 

Disability Access Committee reviewed the application and raises no objections to the 

proposal subject to conditions being imposed should the application be approved. 



in that it will provide residential dwellings on the subject site and a second 

contribution is to be paid in lieu of one car parking space for the commercial and retail 

component of the development. The proposed development attracts a total 

contribution of $175,919.81 for open space, recreation facilities, community facilities 

environmental amenity improvements, traffic control and management, car parking 

and monitoring research and administration. 

Referrals 

The development application was referred to various internal sections of Council and to 

Roads and Maritime Service for comment. 

• Roads and Maritime Service 

The Roads and Maritime Service (RMS) has raised no issues with the proposed 

development subject to the imposition of conditions provided by RMS. These 

conditions will be imposed should the application be approved. 

• Heritage Advisor 

The DA has been referred to our Heritage Advisor who reviewed the Heritage Impact 

Statement prepared by Weir Phillips Architects and Heritage Consultants. After 

subsequent amendments to the proposal, the Heritage Advisor has raised no objection 

Page 275





subject to the imposition of a condition regarding an archival photographic recording 

being undertaken prior to the issue of the Construction Certificate. 

• Disability Access Committee 

The DA has been referred to our Disability Access Committee which has raised no 


• Crime Prevention Officer 

The DA has been referred to the Crime Prevention Officer who has raised no 


Notification 

The development application was initially notified in accordance with the requirements of our 

Development Control Plan 32 – Notification Policy during which time, we received seven 

individual submissions in the immediate locality. Amendments to the initial design were 

undertaken and renotified in May 2012 during which time two submissions objecting to the 

proposed development were received. The objection letters raised the following issues of 

concern which are discussed below: 

• Overdevelopment of the site including concerns with building height, density and 

design 

Concerns have been raised regarding the building height and density of the 

development and that it is an overdevelopment which is not in scale or context with 

surrounding streetscape and development. 

Comment 

The proposed development is consistent with the provisions of our Town Centres 

Code (DCP 54) and all other relevant codes and policies, as outlined in this report. It is 

acknowledged that the site adjoins residential dwellings to the rear and that the 

existing commercial/retail premises located immediately adjacent to the site are not 

built to the same height as is being proposed through this application. However, the 

proposed development is permissible within the General Business 3(a1) zone. The 

adjoining properties have the potential to be further developed to a similar extent as 

the subject site. The proposed development is consistent with the desired future 

character of the area. 

• Non-compliance with parking requirements and traffic congestion 

Concerns have been raised that the proposed development does not comply with DCP 

20 – Car Parking Code and that the proposal will increase traffic congestion. 

Comment 

The proposed development provides a basement and ground floor level for car park 

purposes. The proposal will accommodate a total of 24 car spaces, for the use of 

residents, visitors and staff of the commercial tenancies. The number of car spaces 

complies with DCP 20 in regard to car parking. 

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In regard to concerns that the proposal will result in increased traffic congestion, the 

proposal has been reviewed by our Traffic Section and the Roads and Maritime 

Services (RMS) and neither have raised concerns in relation to traffic generation from 

the proposed development. The proposal provides sufficient car spaces for the 

residential component as required by our Car Parking Code. In regard to the retail 

space, there is scope under DCP 54 which permits the payment of Section 94 

contributions in lieu of providing parking for the commercial/retail uses, however 

some non-residential parking is provided including a loading bay. The proposal in its 

current form is considered to be satisfactory. 

• Loss of Property Values 

Concern has been raised that the proposed development will create loss of property 

values for adjoining and surrounding properties. 

Comment 

There is no evidence to suggest that a loss of property value would be experienced by 

adjoining and surrounding properties as a result of the proposed development being 

approved. As such, this does not warrant a reason for refusal. 

• Impacts on the heritage façade of the existing building 

Concern was raised that the demolition of the existing building will result in a loss of 

the heritage façade of the building. 

Comment 

The initial proposal sought to demolish the existing building. In response to our 

request for the retention and restoration of the existing façade, the applicant has agreed 

to retain the façade of the building. This has been referred to our Heritage Advisor for 

comment who raised no objection to this subject to conditions of consent. 

• Lack of open space 

Concerns were raised that the proposed development does not provide sufficient open 

space for the occupants of the building. 

Comment 

The proposal provides adequate private open space to each unit in the form of a 

balcony of reasonable dimensions accessible from the living areas of each unit. 

Further, the development will provide a rooftop terrace for communal use by the 

residents of the building. The communal open space provided is surplus to the 

minimum requirements as stipulated under DCP 54. The proposed open space 

arrangements are satisfactory. 

• Loss of privacy and amenity issues 

Concerns have been raised for the potential of overlooking into the adjoining 

properties to the rear which have frontage to Coney Road and the amenity issues this 

will cause to the residents. 

Page 277





Comment 

The proposed design has been revised with adequate privacy measures put in place to 

mitigate potential impacts on the adjoining properties. The rooftop terrace has been 

recessed and wide planter boxes have been included in the design to reduce the line of 

sight from users of the terrace. The proposal complies with DCP 54 in regard to the 

building height plans from the rear adjoining residential properties. In regard to the 

upper level balconies from the Homer Lane frontage, the applicant has proposed to 

install aluminium privacy sliding screens along the balcony elevations. There is also 

adequate separation between the development and the rear properties with Homer 

Lane providing an added buffer zone. 

• Noise Pollution 

Concerns have been raised that the proposed development will have an adverse impact 

on adjoining development by way of increased noise pollution. 

Comment 

While the proposal is of a higher density than existing development, the noise levels 

generated will be of a domestic nature. An acoustic report was submitted with the 

application which concludes that, if the construction of the building is carried out in 

accordance with the recommendations of the acoustic report and supporting plans and 

specifications, future occupants of the building will not be impacted by traffic noise 

from Homer Street. Further it is unlikely that unreasonable levels of noise will be 

emitted from within the residential and commercial components that will impact on 

the amenity of the residential properties to the rear of the site. A condition of consent 

will be imposed to ensure that the building adheres to the recommendations of the 

acoustic report prepared by Acoustic Solutions P/L. 

Conclusion 




of consent. 

The proposal represents a suitable development for the site and will provide a reasonable 

living amenity for occupants. The departures sought from DCP 54 - Town Centres Code are 

considered reasonable given that in context they are minor in nature and do not create any 

impacts on the adjoining properties. The proposal is considered to be a good design outcome 

for the site, particularly given its integration with a potential heritage item and retention of 

positive streetscape appeal. 



A. Canterbury City Council grants its consent to the development application as a 

DEFERRED COMMENCEMENT Consent under Section 80(3) of the 

Environmental Planning and Assessment Act 1979. The consent requires the applicant 

to provide evidence to Council, within two years, sufficient to satisfy the condition 

listed below before the consent can operate. The deferred commencement condition 

is: 

Page 278





i. That the rear section of the subject allotment having dimensions of 12.19m 

long and 6.095m width, currently forming part of Lot 13 Sec A DP 8071 

known as 313A Homer Street to be dedicated to Canterbury City Council a 

public road and incorporated into Homer Lane. We advise that this will require 

further Development Consent from Council for the subdivision of the lot as 

outlined above. A Subdivision Certificate will be required prior to lodgement 

with NSW Land and Property Information. 

B. The following conditions of consent including any other conditions that may arise 

from the matters listed above, will be included in the development consent issued by 

Council after the applicant provides information sufficient to satisfy Council in 

relation to the conditions of the deferred commencement consent. 





• Structural Engineering Plan including method of shoring during 

excavation 









• Ventilation of basement in accordance with AS1668.2 


Standard 2010 

• Εvidence of Compliance with Condition. 44 

1.2. A report prepared by an independent Accredited Engineer, detailing the 

structural adequacy of the adjoining properties at 307-309 and 315 Homer 

Street and their ability to withstand the proposed excavation and any measures 

required to be incorporated into the work to ensure that no damage will occur 

during the course of the works, shall be submitted to Council, or the Principal 

Certifying Authority with the Construction Certificate. All costs to be borne by 

the applicant. 

1.3. A dilapidation report/photographic survey prepared by an appropriately 

qualified engineer is to be undertaken of the adjoining property being 307-309 

and 315 Homer Street, Earlwood detailing the physical condition of the 

properties, both internally and externally, including such items as walls, 

ceilings, roof, structural members and other similar items, shall be submitted to 

the Principal Certifying Authority prior to the issue of a Construction 

Certificate. On completion of the excavation and building works and prior to 

occupation of the building, a certificate by an appropriately qualified engineer 

stating to the effect that no damage has resulted to adjoining premises is to be 

provided to the Principal Certifying Authority. If damage is identified which is 

considered to require rectification, the damage shall be rectified or a 

satisfactory agreement for rectification of the damage is to be made with the 

Page 279





affected person/s as soon as possible and prior to occupation of the 

development. All costs incurred in achieving compliance with this condition 

shall be borne by the person entitled to act on this consent. 

1.4. Geo-technical engineering report assessing the impact and safety of the 

proposed works is to be prepared by a suitably qualified and experienced geo 

practitioner and provided to the Principal Certifying Authority prior to the 

issue of a Construction Certificate. The report must include the results of 

subsurface investigations, involving either test pits to rock, or preferably the 

drilling of cored boreholes (to one metre below the proposed final excavation 

level). The report shall describe: 


• An indication of the nature and condition of the material to be 

excavated. 


• Required temporary measures for support of excavations deeper than 

one metre adjacent to property boundaries. 

• Statement of required excavation methods in rock and measures 

required to restrict ground vibrations. 

• Other geo-technical information or issues considered relevant to design 

and construction monitoring. 

All findings and recommendations of the Report are to be followed and 

adhered to throughout the construction process. 

1.5. Prior to the issue of a Construction Certificate, an Emergency Response Report 

detailing what emergency and safety measures are to be adopted in the event of 

mechanical failure of the car parking stack system must be submitted to 

Council or Private Certifying Authority for approval. 

1.6. Prior to the issue of a Construction Certificate, an amended Car Parking 

Management Plan detailing the frequency and type of maintenance work to be 

undertaken to ensure the motorised car parking stack system is functional and 

well maintained at all times must be submitted for approval to the satisfaction 

of Council. 

1.7. A Construction Traffic Management Plan detailing construction vehicle routes, 

number of trucks, hours of operation, access arrangements and traffic control 

should be submitted to Council, for approval, prior to the issue of a 









Long Service Levy Commission $19.80 






Page 280







1986. 






EFTPOS. 



payment. 










INSURANCE 








SITE SIGNAGE 








DEMOLITION 












Page 281































hours). 



















Page 282





GENERAL 



this Notice: 

Drawing No. Dated Prepared by Received by Council on 

SK01B 21 June 2012 Mackenzie Architects 25 June 2012 

SK02C 3 August 2012 Mackenzie Architects 10 August 2012 

SK03A 23 March 2012 Mackenzie Architects 30 March 2012 


SK05C 3 August 2012 Mackenzie Architects 10 August 2012 




SK09 29 August 2011 Mackenzie Architects 26 September 2011 

Sk14A 23 March 2012 Mackenzie Architects 30 March 2012 

SK15 22 March 2012 Mackenzie Architects 30 March 2012 

SK16 22 March 2012 Mackenzie Architects 30 March 2012 


balustrades, fences, windows and doors being in accordance with the approved plans 

and Schedule of Finishes as received on 25 October 2011. The approved design 













11. All building construction work must comply with the National Construction Code. 













minimum 40mm aggregate of blue metal or recycled concrete. The depth of the 




Page 283

















• Open Space Acquisition $81,612.56 711 





• Car Parking $6,131.11 

• Research Levy - Car Parking - Campsie $419.12 


















modified); or 






21. Parking facilities/storage for 6 bicycles is to be provided on site, as indicated on the 

approved plan. 

22. Twenty-four (24) off-street car spaces being provided in accordance with the 

submitted plans. 


• Eighteen (18) car parking spaces for the residential component of the 

Page 284





development (containing a minimum of one space for each small/medium 

dwelling and two spaces for each large dwelling) 

• One (1) service/deliver bay 

• Three (3) visitor car spaces 

• One (1) commercial car space 

• One (1) car wash bay to remain as common property 



allocation. 

23. A separate Development Application is required for the use of the retail and 

commercial tenancies. 

24. The motorised parking stack system to be used within the basement level car park 

must operate in accordance with the details, prepared by Mackenzie Architects, dated 

26 March 2012 and received on 30 March 2012. 

25. The premises are to be treated with anti-graffiti treatment. Details of the treatment of 

the building, including a certificate from the contractor carrying out the work shall be 

provided prior to the issue of an Occupation Certificate. 

26. The visitor car space must remain free from storage and obstruction and be made 

available for use by visitors at all times. 

27. Vehicle access to the motorised parking installation must be in accordance with 

AS2890.1. 

28. Noise and vibration generated by the motorised parking stack system must be kept to a 

minimum and must not interfere with the amenity of adjoining uses. 

29. The motorised parking stack system must be operated by an appropriately trained 

personnel at all times. 

30. Adequate lighting (to AS 1158.3.1:1999 standards) being provided and maintained in 

the car park. 

31. The design and location of letterboxes being in accordance with Australia Post’s 

“Requirements for Delivery of Mail to Residential Premises” published in February 

1997, and being shown on the Landscape Plan at Construction Certificate stage. 

32. An intercom system is to be provided at the main entrance to the residential 

component on the Homer Street frontage. 

33. Closed Circuit Television systems are to be installed at the ground floor entrances of 

the building. 

34. A security system/swipe card system is to be installed within the lift which allows 

operation of the lift only to authorized levels within the building. 

35. Signage throughout the site is to be used to direct people to where they are meant to 

be. This will reduce excuse making and loitering opportunities for potential offenders. 

36. A security system is to be installed to restrict access to the waste collection room. 

Provision must however be made to allow Council’s Waste Contractors to access the 

waste storage area(s) on service days. 

37. The garbage room door must be kept locked at all times, except during collection 

times. 

38. Structural Engineer’s details being approved by the Principal Certifying Authority for 

all concrete footings, slabs, retaining walls and structural steel prior to building work 

reaching each respective stage. The details must be prepared by a suitably qualified 

(eg. Bachelor of Engineering) practising structural engineer who has/is eligible for 

membership of the Institution of Engineers Australia, and be accompanied by a 

Page 285





completed Structural Design Certificate. 

39. Structural Engineer’s details and specifications being submitted to the Principal 

Certifying Authority for all excavation and backfilling together with the proposed 

methods of retaining/shoring to the basement area. The details must be prepared by a 

suitably qualified practising structural engineer who has /is eligible for membership of 

the Institute of Engineers of Australia, and be accompanied by a completed Structural 

Design Certificate. 

40. Any person causing excavation below the level of the base of footings on an adjoining 

allotment of land must, at their own expense: 

a) preserve and protect the building from damage; and 

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

c) give notice of intention to do so to the owner of the adjoining allotment of 

land and furnish particulars to the owner of the proposed work at least 7 days 

in advance of the excavation. 

41. Submit Structural Engineer’s details for all retaining walls to the Principal Certifying 

Authority and obtain a Construction Certificate before construction of same. The 

details must be prepared by a qualified practising structural engineer who has/is 

eligible for membership of the Institution of Engineers Australia, and be accompanied 

by a completed Structural Design Certificate. 


pouring of concrete at B1, G, L1, L2,L3 & L4 

(basement/ground/first/second/third/fourth) floor slab level indicating the finished 

floor level to a referenced benchmark. These levels must relate to the levels indicated 

on the approved architectural plans and/or the hydraulic details. 

43. All bathroom, en-suite and laundry windows contain translucent glazing. 

HERITAGE 

44. An archival photographic recording prepared by or on behalf of the applicant is to be 

submitted to Council and approved by Council’s Heritage Advisor, prior to issue of a 

Construction Certificate. The archival photographic recording is to be prepared in 

general accordance with the Heritage Council of NSW’s guidelines titled 

Photographic Recording of Heritage Items using Film or Digital Capture. The 

archival photographic recording should include, but not be limited to, the following: 

• Title page, stating the subject of the recording, the author, client, date, and 

permission for the recording to be reproduced by Council at any time 

• A statement as to why the recording is being made 

• A summary history of the site 

• Survey Plan of the site 

• 35mm colour prints with negatives, or digital photographs saved in TIFF 

format. Photographs are to be labelled and cross-referenced to base plans 

indicating the direction and position of the photographs. The recording is to 

include catalogue sheets which record the photographs taken (number and 

description). If using 35mm coour prints a contact sheet is to be included. If 

using digital photographs, thumbnail pages (6x6 images) which include the 

thumbnail image and file name are to be included. Photographs should include: 

− views to and from the site 

− all external elevations 

− a selection of external and internal spaces 

− external and internal details of interest (including joinery, construction 

Page 286





details, decorative features, fireplaces, etc) 

• If using 35mm colour prints all photographs and negatives are to be presented 

in archival quality preservers. If using digital photographs, copies of all 

photographs should be submitted on a CD/DVD as well as printed colour 

copies. 

• Two copies of the final archival recording are to be submitted to Council. 

• A copy is kept on file at Council, and one copy provided to the Local Studies 

Collection at Campsie Library. 

TRAFFIC 

45. Resident parking must be clearly signposted at entry to car parking areas. 

46. The layout of the car parking area associated with the subject development (including, 

driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, 

and parking bay dimensions, loading dock etc.) must be in accordance with AS 

2890.1-2004 and AS 2890.2-2002. 

47. The swept path of the longest vehicle entering and exiting the subject site, as well as 

manoeuvrability through the site, shall be in accordance with AUSTROADS. 

48. All activities including loading and unloading associated with this development shall 

take place within the subject site. 

49. Due to the restricted size of the site, the proposed turning areas for medium rigid 

trucks are to be kept clear of any obstacles, including parked cars, at all times. 

50. The proposed development must be designed such that road traffic noise is mitigated 

by durable materials in order to satisfy the requirement for habitable rooms under 

Clause 102 subdivision 3 of the State Environmental Planning Policy (Infrastructure) 

2007. 

51. The developer shall be responsible for all public utility adjustment works, necessitated 

by the above work and as required by the various public utility authorities and/or their 

agents. 

52. A Road Occupancy License shall be obtained from Transport Management Centre for 

any works that may impact on traffic flows along Homer Street during construction 

activities. 

53. All works/regulatory signposting associated with the proposed development are to be 

borne by the developer with no cost to RMS. 

WASTE 

54. A grated drain and running water is to be provided within the garbage room to allow 

for cleansing activities. 

55. The separate garbage areas provided for commercial/retail and residential waste shall 

be clearly signposted and signage also provided within those areas to indicate the 

places for the rubbish bins separate to the recycling bins. 

56. There shall be no steps or obstructions in the path of travel from the garbage rooms to 

the street kerb. 

57. Door openings giving access to the garbage rooms and waste management shall be a 

minimum of 1.2metres wide. 

58. The garbage room must be constructed and arranged in accordance with the 

specifications outlined in Appendix 4 of Development Control Plan 48: Waste 

Management (DCP 48). 

59. Access to the waste storage areas shall be provided for servicing from 5:00am on 

service day. 

Page 287






60. A continuous accessible path of travel is to be provided from the street alignment to 

the building entries, and from the underground car park, to and within each of the 

Adaptable Units, and to and within all common areas of the buildings. It shall not 

contain a step or other impediment, and shall have an unobstructed width of at least 

1000mm, and vertical clearance of 2000mm. 

61. The area in front of the letter boxes is to be level. 

62. All doorways on an accessible path of travel are to provide a clear width of 850 mm, 

when the door is fully open. Door handles are top be D-shaped, to allow a one-handed 

operation. 

63. Glazed doors are to have a 75mm wide contrast strip across the full width of the door, 

at a height between 900mm and 1100mm above the floor level. The strip is to provide 

a luminance contrast of at least 30% with its surroundings, when viewed from the 

inside and outside of the door. 

64. The main entry is to have compliant handrails on each side, with Tactile Ground 

Surface Indicators (TGSI’s) at the top and base of the ramp. The TGSI’s are to be laid 

for the full width of the ramp, with the edge of the tactile mat 300mm from the start of 

the ramp at the top and base. 

65. The requirements for the stair climber must be undertaken in accordance with the 

details set out in the report by Daintry Associates. 

66. The Disability (Access to Premises – Buildings) Standards require a fully accessible 

lift (AS1735.12). If the lift travels more than 12 metres it is to have minimum floor 

dimensions of 1400mm X 1600mm. As this is a residential development, it is 

recommended that the lift provide adequate space to accommodate a paramedic 

stretcher. 

LANDSCAPING 

67. Landscape works must be completed according to the approved Landscape Plan 

prepared by Mackenzie Architects (Drawing No: SK15, dated on 22 nd March 2012, 

and received by Council on 30th March 2012) and with AUS-SPEC Specification 

0257-Landscape – Roadways and Street Trees, except where amended by the 

conditions of consent. The landscaping is to be maintained at all times to the Council's 

satisfaction 

ENGINEERING 

68. The stormwater system be constructed in general, in accordance with the plans, 

specifications and details received by Council on 26 th September 2011; drawing 

numbers C1.01,C3.01, C3.02, C3.03, C3.04, C4.01 & C4.02, prepared by Northrup 

Consulting Engineers and as amended by the following condition. 






70. Stormwater outlet pipe to kerb and gutter is not to have a diameter of more than 

100mm. RHS should be used if 100mm diameter PVC pipe does not offer sufficient 

drainage capacity. 

71. Stormwater connections to kerb and gutter are to be at 45 degrees to the direction of 

flow. 

Page 288









Design”. 






















76. Full width light duty vehicular crossings shall be provided at the vehicular entrances to 

the site, with a maximum width of 4 metres each at the boundary line. This work to be 




& Gutter”. 
















Page 289





81. A full detailed dilapidation survey of all adjoining properties, services and 

infrastructure will be required prior to issuance of the construction certificate. This 

will include all internal and external rooms of properties. 

PUBLIC IMPROVEMENTS 





& Gutter”. 

83. The reconstruction of the kerb and gutter along all areas of the site fronting Homer 

Street and Homer Lane is required. (This is to include the full extent of disruption at 

the stormwater connection to the kerb and gutter on Homer Lane). Work to be carried 

out by Council or an approved contractor, at the applicant’s cost. The work is to be 

carried out in accordance with Council’s “Specification for the Construction by 


& Gutter”. 


the site fronting Homer Street and Homer Lane is required. Work being carried out by 

Council or an approved contractor, at the applicant’s cost. The work is to be carried 

out in accordance with Council’s “Specification for the Construction by Private 

Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & 

Gutter”. 

85. All easements required for the subdivision being shown on and registered in 

conjunction with the subdivision plan. 


86. It is recommended that the site be treated with anti-graffiti paint to deter graffiti 

offenders targeting the building and its perimeter. This will preserve the building and 

increase a sense of maintenance and ownership of the site. 


will ensure that the site is monitored at all. 

88. It is recommended that the storage units located in the vicinity of the car spaces be 

fully enclosed and non visible. This measure will deter potential offenders from 

breaking in as they are unable to see what contents (reward) is inside the storage unit. 

89. It is recommended that all access points to the building (this would include lifts and 

stairwells) should be restricted to residents only through a security system. Visitors to 

the residential complex should be provided with access via the intercom. 

90. It is recommended that residential parking is separate from commercial parking with 

either a bollard gate or roller door. This will increase security and reduce unauthorised 

persons accessing restricted areas of the building. 

91. Fire safety exits should be fitted with a one way opening door to reduce access from 

outside of the premises and allow for one way use only. 

92. It is recommended that appropriate signage such as ‘Alcohol Prohibited’ be erected on 

the roof top terrace to reinforce behavioural expectations. 







Page 290








design. 











20 92. 



The following critical stage inspections must be carried out by the Principal 



















hours. 





98. This application has been assessed in accordance with the National Code of Australia. 






Page 291





• Surveying 

• Mechanical/Electrical 

• Drainage 


• Glazing 




advance. 











199. 















THAT Development Application DA-461/2011 be REFUSED on the following 

grounds: 

1. The proposed development is an overdevelopment of the site on the basis of 

grounds of 2-11 set out below. 

2. The FSR for the development of the site (excluding the Homer lane part of the 

site) would be 3.14:1. The site (except the Homer lane part of the site) is zoned 

General Business 3(a)(1) and a maximum floor space ratio of 2:1 is set for this 

zoning. The increased floor space ratio for the developed part of the site would 

be approx 60% over the required FSR. 

3. The development relies on mechanically stacked parking for different units for 

each stacker to address basic parking requirements. 

Page 292





4. There is a non-compliance with the requirement for parking spaces due to the 

rearranged service delivery bay. 

5. There is no deep soil planting on the site which arises from the requirements 

for car parking for the amount of development proposed for the site. Less 

development would generate less parking and the possibility of deep soil 

landscaping. 

6. The building is in excess of the building height by approximately 3 metres 

because of the shade structure for the roof terrace. 

7. The building is a 6 storey building (if the terrace on the roof is included) which 

is an additional storey above the 5 storey maximum for the site. In addition the 

building effectively reads as a 7 storey building having regard to the floor to 

floor height of the first floor. 

8. There is a non-compliance with the 5 metre setback on floor 5 (section 3.2.4 of 

the DCP). 

9. The front part of the building is adjacent to and is not setback from the heritage 

facade so that the heritage facade is not properly read or respected. 

10. The upper levels of the front facade of the building are not setback in 

accordance with the section 3.3.4 of the DCP. 

11. The reliance on narrow lightwells for the primary source of daylight to the 

bedrooms provides inadequate amenity to the units. These lightwells are only 1 

metre wide and potentially could be blocked out by adjoining development up 

to the common boundary. 

Page 293



TWO REPORT - 2 OCTOBER 2012 


REPORT BY: DIRECTOR CORPORATE SERVICES 

Summary: 






City Plan and Budget Implications: 

This report has no implications for the Budget and supports our City Plan long term goal of 

Balanced Urban Development. 

Report: 


Room, 137 Beamish Street, Campsie on 2 October 2012 

Present 

Mr Michael McMahon (Law) - Chairperson 

Mr Lloyd Graham (Town Planning) 

Mr Jeffrey Bye (Environmental Science) 

Ms Noni Ruker (Urban Design/Architecture) 


Ms Lia Chinnery (Governance Coordinator) 

Ms Kate Mirow (Acting Team Leader - Development Assessment, not present for the closed 

session) 

The meeting opened at 6:00 p.m. 

Introduction 







Page 294


INDEPENDENT HEARING AND ASSESSMENT PANEL MEETING TWO REPORT - 2 OCTOBER 2012 (CONT.) 



PARKING 




1. Insert addition to condition 18 as follows: 

‘18a. Lockable gates are to be added towards the street end of the pedestrian 

accessways on either side of the development.’ 


‘32a. Trees are to be planted along boundaries to adjoining properties to provide 

additional privacy. Species to be in accordance with Council’s approved 

landscaping requirements.’ 


Site Visit 




There was no public address for this item. 


The Panel is generally supportive of the proposal and notes the applicant’s changes to 

the original application resulting from the previous consideration by IHAP. 

As a matter of improved security, the Panel was of the opinion that additional side 

gates should be provided in line with the front facade of the building to enclose and 

secure the side passageways along both side setbacks of the development. This will 

provide added security and privacy for residents and neighbours. 

The Panel was also of the opinion that the side boundaries should be planted out with 

screening plants. A species such as lillypilly should be provided that grow to a height 

so as to screen both lower and upper level windows. This will provide added privacy 

for residents and neighbours given the minimal setbacks. The Panel recommends that 

a qualified landscape architect provide a specification. 

2 59 EVALINE STREET, CAMPSIE: ALTERATIONS AND TWO STOREY 

ADDITION TO THE COMMERCIAL BUILDING 




1. Amend condition 1.1 with the additional dot point as follows: 

• Schedule of external finishes 

Page 295




Site Visit 






The Panel is supportive of the proposal however is of the opinion that the Evaline 

Street façade of the existing building could be improved as part of the alterations. 

The Panel recommends that the proposed finishing details be submitted to Council or 

the private certifier prior to the issue of a Construction Certificate. 

3 165-171 MILTON STREET, ASHBURY: MODIFICATION OF CONSENT FOR 

PERMANENT USE OF A TEMPORARY CALL CENTRE WITHIN A TYRE 

WAREHOUSE 


THAT Development Application DA-170/2007/D be APPROVED in accordance 

with the recommendation of the Director City Planning. 


Site Visit 




Michael Garcia 

(objector) 

Rick Eatock 

(applicant) 

• Has concerns about 24 hour operation. 

• Main complaints from residents are the movement of vehicles 

outside approved hours and parking in driveways. 

• These concerns were advised to Council during consideration 

of the previous DA. 

• Believes the company is advertising under a different name 

which may be using the approval granted for Tyres 4 U. 

• Believes there is a link between the other company and the 

Tyres 4 U call centre. 

• 24 hour operation may lead to activity not suitable for a 

residential location. 

• Truck movements are occurring out of hours. 

• Extended call centre hours will increase this activity. 

• The call centre is a typical call centre operated by 2 people. 

• The other company referred to by objector is a mobile 

emergency tyre service which receives calls through the call 

centre. The calls do not generate overnight truck movements 

from the location in Milton Street. 

Page 296



• The gates of the tyre centre are closed at 5.30 pm and do not 

reopen until 7.30 am. 

• On occasions when trucks have parked in the street prior to 

gates opening with motors idling, the trucking company is 

notified and requested not to park in residential street. 

• This DA is for the purposes of making the 24 hour call 

centre permanent. 

• The call centre is an administrative function. 

• Call centre staff park in the visitor parking spaces at front of 

building at night. 

Chairman’s note 

In 1643 Pittwater Road v Pittwater C [2004] NSWLEC 685 McClellan CJ considered 

in detail the extent of the power to modify and what may be considered by the consent 

authority having regard to the Court of Appeal judgment in Michael Standley & 

Associates Pty Ltd v North Sydney C1998) 97 LGERA 433. The conditions that can be 

imposed now are conditions that relate to the modification of the call centre only. 


While the Panel is mindful of the issues raised by the objector, the Panel notes that the 

current application is seeking the continuation of the extended hours for the call centre 

only on a permanent basis. The Panel also notes that no specific breaches of the 

current consent have been reported with regard to the call centre over the last 12 

months. 

The Panel supports the Director’s recommendation. 

The Panel requests that Council’s compliance section be alerted to the history of 

complaints and that continued monitoring of the situation is undertaken to ensure full 

compliance with the approved conditions. In addition Council’s compliance section 

shall ensure that any further complaints are considered in light of the submissions 

made before the IHAP on Tuesday, 2 October 2012. 

4 93-97 BONDS ROAD, PUNCHBOWL: DEMOLITION, CONSTRUCTION AND 

STRATA SUBDIVISION OF 20 INDUSTRIAL UNITS 


THAT Development Application DA-11/2011 be APPROVED in accordance with 

the recommendation of the Director City Planning subject to amendments as follows: 

1. The inclusion of Demolition conditions 

2. Condition 12 be amended as follows: 

‘12a Both driveways are able to be secured at night with security gates.’ 

3. The inclusion of a new condition 23 as follows: 

‘The plans shall be modified so that the ingress and egress from the site shall 

be at the point of the existing roundabout at Martin Street. If that design 

change is not achievable then the plans shall be modified so that ingress and 

egress to the site will be by left hand turn only from and to Bonds Road.’ 


Page 297



‘The plans shall be modified so that the front facades of Unit 20 and Unit 1 

shall contain front doors addressing the street, display windows, footpaths 

leading to the building, lighting and where appropriate signage.’ 

5. All conditions from the new condition 23 and 24 be renumbered. 


Site Visit 






The Panel is generally supportive of the proposal however it noted the absence of any 

conditions related to the demolition stage of the proposal and requests that these be 

included prior to any approval being given. 

The Panel has concerns about the entry and exit to the site from Bonds Road which is 

a busy thoroughfare. The Panel also noted the location of the roundabout from Martin 

Street into Bonds Road which would, under the current proposal, be between the entry 

and exit driveways to the site. 

The Panel requests the applicant consider a redesign of the site to incorporate the 

current roundabout to include the entry/exit point to the site. Failing this, the Panel 

recommends that ingress and egress to the site be by left hand turn only from and to 

Bonds road. 

The Panel is of the view that the proposal should more fully resolve and incorporate 

‘safer by design’ principles and address the street along the buildings front façade and 

within the front street setback. The addition of front doors addressing the street, 

display windows, footpaths leading to the building, lighting and where appropriate 

signage to Units 1 and 20 is recommended. 

The Panel also recommends that both driveways are able to be secured at night with 

security gates. 

Further, the Panel requests that, where appropriate, it is also desirable to retain the 

street tree on the northern corner as it forms a continuous street tree canopy over the 

footpath. 

5 16-20 ST ALBANS ROAD, KINGSGROVE: ALTERATIONS, ADDITIONS 

AND RECONSTRUCTION OF NORTHERN PORTION OF 

INDUSTRIAL/WAREHOUSE BUILDING 




The current Recommendation be Part A and a new Part B be added as follows: 

Page 298



‘B. The Community Consultation Committee, as established by condition 19 of the 

previous development consent for DA-575/2010, be replaced by a new 

committee to be formed and chaired using the services of a facilitator who is a 

member of the Institute of Arbitrators and Mediators Australia, at the 

applicant’s cost. 

The Community Consultation Committee is to have five members with 

community representation by two community members, a representative from 

the school, a representative from the applicant and a representative from 

Council. The community members will be self appointed by the community. 

The first meeting of the new Committee is to be a mediation session and is to 

be run by a trained and qualified mediator(s) over one or two days. The 

mediation is to address and resolve traffic and parking issues in St Albans 

Road and nearby streets and any other issues identified by the Committee. 

The outcome of the mediation session is to draw up a mediated agreement that 

is signed by all parties. 

Meetings to be appropriately documented with agendas and minutes provided 

to Council.’ 


Site Visit 




Anthony Hill 

(objector) 

• Noted the site inspection by the Panel and commented that 

these inspections always take place at quiet times which are 

not truly reflective of the traffic movements from the site. 

• There have been a number of applications for the site in the 

past generating 40 to 50 new staff. 

• This application includes 10 new loading docks which will 

not improve traffic conditions. 

• The Community Consultation Committee required by a 

condition of a previous consent has not been formed. 

• Doesn’t believe anyone knows the total number of employees 

at the site. 

• St Albans Road has 18 free standing homes plus other 

apartments – 66 households altogether. 

• 121 residences affected in St Albans Road, Rolestone Avenue 

and Oatley Street. 

• The school requires access from St Albans Road – concerned 

about traffic movements from this site past the school. 

• Traffic study recently conducted during a time when there 

was a marked reduction in heavy truck traffic from the site. 

• A 2006 DA included a note from the Traffic Committee at the 

time that the proposal was an over development of the site. 

Page 299



Cathy Hill 

(objector) 

Phil Jones 

(representing the 

applicant) 

• Residents are very concerned that the operator doesn’t 

comply with the consent conditions. 

• The Traffic study data used in the application was more than 

11 years old. 

• The turning bay for St Albans Road has been removed. 

School buses now use Rolestone Avenue and Oatley Street. 

• There appears to be some discrepancy about number of 

employees and number of car spaces provided. Where will 

new employees park? 

• Another traffic study was done after the DA was submitted. 

• A request under freedom of information legislation to receive 

reports from the Community Consultation Committee 

revealed that the committee had not yet met. 

• The DA is for a refurbishment of an existing warehouse 

following storm damage in 2004. Same building footprint. 

• The traffic study undertaken during assessment was at the 

Council’s request. 

• The proposal will not increase traffic movements. 

• Additional loading docks will not necessarily increase traffic 

movements – traffic modeling does not include number of 

loading docks. 

• Traffic survey undertaken in and out of school hours and not 

in school holidays. 

• The operation at the site was not reduced during the time the 

traffic study was conducted. 

• The Community Consultation Committee was required to be 

established once the construction approved by the previous 

consent was completed. 

• The Committee was established and has held its first meeting 

– the Committee members are a representative from 

Clempton Holdings, the school principal and a community 

representative. A minute taker was also present and Mr Jones 

was there as an observer and to assist in establishing the 

Terms of Reference for the Committee. 

• The community representative agreed to be a conduit for 

other residents to voice their concerns. 


The Panel acknowledged the number of residents in attendance who, through their 

representatives, expressed a number of concerns regarding the operations at the site, 

specifically the number of traffic movements, particularly by large trucks, on a busy 

street which includes a school and its associated parking and pedestrian issues. 

The Panel sighted and noted the Assessment of Traffic and Parking Implications report 

prepared by Transport and Traffic Planning Associates in August 2012 which includes 

tables of traffic counts carried out August 2012. 

Page 300



The Panel noted that a condition of a previous consent required the establishment of a 

Community Consultation Committee which, it was further noted, had been established 

and had met and provided documentation of this meeting to Council. 

However, the Panel acknowledges the concern of residents that they were not 

appropriately represented on this Committee. Therefore, the Panel is recommending 

that the Committee be replaced by a new committee formed by a facilitator appointed 

by a mediation body such as the Institute of Arbitrators and Mediators Australia. 

The Panel is of the view that the appropriate membership for this committee includes a 

representative from the business, the school, the local community and Council. The 

Panel is also of the view that the community representation should be a minimum of 

two members and that these members be appointed by the community. 

It was also the view of the Panel that the initial meeting should be a mediation session 

where a strategy or action plan could be developed which mapped out the way forward 

for cooperation between all parties with regard to traffic and parking issues and any 

other issues identified by the committee. 

With regard to the development proposal presented, the Panel is generally satisfied 

that the proposal complies with Council’s DCPs, codes and policies. 

The Panel requests that Council’s compliance section is alerted to the history of 

complaints and that continued monitoring of the situation is undertaken to ensure full 

compliance with the approved conditions. In addition Council’s compliance section 

shall ensure that any further complaints are considered in light of the submission made 

before the IHAP on Tuesday, 2 October 2012. 

6 82 BELMORE ROAD, RIVERWOOD: FITOUT AND CHANGE OF USE OF 

INDUSTRIAL BUILDING FOR VEHICLE BODY REPAIR SHOP 




1. A new condition 43 be added as follows: 

‘The applicant shall pay to the Council the cost of a noise consultant to carry 

out a noise audit on two separate occasions during the trial period. The noise 

consultant shall simultaneously submit the results of the noise audit to the 

applicant and to Council.’ 

2. All conditions from current condition 43 be renumbered. 


Site Visit 



Page 301




Peter McMillan 


applicant) 

John Kass 


applicant) and 

Daniel Zammit 


applicant) 

• The owner and tenant are reputable companies – Lend 

Lease and Suncorp 

• The report accurately reflects the proposed operation to be 

carried out at the site 

• Will create 156 new jobs 

• The proposal is consistent with planning controls 

• A petition from objectors raised following points: 

- Opening hours setting undesirable precedent – no 

precedent as previous operation operated 24 hours on 

1996 consent 

- Noise – noisiest processes will be located to rear of 

factory furthest away from residences; the site is 

buffered by existing buildings and distance from 

residences opposite; acoustic treatment of the building 

should result in no noise impact to surrounding 

residences. 

- Traffic – no deliveries overnight; estimate 180 less 

traffic movements per day than previous use. 

• This is not a panel beating shop. Insurance repairs. 

Damaged and repaired vehicles will be transported on 

trucks. No drive-by business 


The Panel notes that the recommendation is for a trial period of 12 months. 

The Panel is concerned about the level of noise which would be generated by the 

operation and the impact of this on surrounding residential properties. The Panel 

recommends that a detailed management plan is provided to council specifying how 

the building will be designed, built and operated to minimise noise. This document 

will be used to assess both the adequate construction of the building and during its 

operation to assess operation. 

The Panel recommends that noise audits be conducted at random by Council or their 

contractors during the trial period to determine the true level of noise at various times 

outside of the standard work hours. These audits are to be paid for by the applicant. 

The results of these audits will be used to determine if the extend business hours need 

to be brought back to standard business hours. 

The meeting closed at 10:00 p.m. 



Page 302



CONSTRUCTION OF A BOARDING HOUSE WITH BASEMENT 

CAR PARKING 



WARD: CENTRAL 


Applicant: 

Owner: 

Mrs Silvana Moussallem 

Mr David Moussallem & Mrs Silvana Moussallem 

Zoning: Residential 2(c) under Canterbury Local Environmental Plan 178 – 

Belmore/Lakemba Precinct 

Application Date: 16 June 2011, with additional information received by Council on 

29 September 2011, 4 October 2011, 13 January 2012, 13 March 

2012, 26 April 2012, 2 May 2012 and 1 August 2012. 

Summary: 

• The Independent Hearing and Assessment Panel on 2 July 2012 deferred making a 

recommendation on the application and asked the applicant to make certain changes to 

address their concerns (see Supplementary Information). 

• The applicant has submitted amended plans, including basement parking, to address 

the Independent Hearing and Assessment Panel’s concerns. 

• The applicant is seeking approval to demolish an existing single storey dwelling and 

ancillary structures, construct a two storey boarding house containing 19 rooms with 

associated car parking at the front of the site. 

The subject site is zoned Residential 2(c) under Local Environmental Plan 178 – 

Belmore/Lakemba Precinct. The proposed development is permissible subject to 

Council consent. 

• The application has been assessed against the provisions contained in State 

Environmental Planning Policy (Affordable Rental Housing) 2009, Canterbury Local 

Environmental Plan 178 – Belmore/Lakemba Precinct, Development Control Plan 20 - 

Car Parking, Development Control Plan P 29 - Crime Prevention Through 

Environmental Design, Development Control Plan 37 - Energy Smart Homes, 

Development Control Plan 45 - Landscape, Development Control Plan 48 -Waste 

Management and Council’s Stormwater Management Manual – Specification 9 “A 

Guide to Stormwater Drainage Design”. 

• In accordance with our Notification Policy – Development Control Plan 32, the 

application was advertised in the local newspaper and adjoining and affected property 

owners/occupiers were notified of the proposal. A total of seven submissions were 

received raising concerns in relation to overshadowing, loss of privacy, noise, traffic 

congestion, insufficient provision of on-site car parking, inadequate open space, 

excessive bulk and scale of building and potential loitering and anti-social behaviour. 

Page 303


10 MACDONALD STREET, LAKEMBA: DEMOLITION AND CONSTRUCTION OF A BOARDING HOUSE WITH 

BASEMENT CAR PARKING (CONT.) 


conditions. 

• The Independent Hearing and Assessment Panel has recommended that the application 

be approved in accordance with the Director City Planning’s recommendation, subject 

to amendments. 




Report: 

Site Analysis 

The subject site is located on the western side of MacDonald Street, approximately 100 

metres from the intersection of MacDonald Street and Lakemba Street. It comprises one 

allotment of land and is identified as being Lot 12 in Deposited Plan 5654. The site is a 

regular shaped allotment with an overall street frontage of 15.24m, depth of 48.77m and total 

site area of 743.25m². The land slopes approximately 2 metres from the rear to the street. 

The subject site is currently occupied by a single storey rendered brick residential dwelling, a 

free-standing metal shed and a free-standing fibro shed. Vehicular access to the site is 

provided via an existing concrete driveway situated along the northern side boundary of the 

site. 

Immediately adjoining the site to the south is 8 MacDonald Street which is occupied by a two 

storey multi-unit development. The dwellings within this adjoining development are each two 

storey and have ground level garages accessed by a driveway located on the northern side of 

the property, separating those dwellings from the subject site. Adjoining the site to the north is 

12 MacDonald Street which is also occupied by a two storey multi-unit development. The 

development includes ground level garages that are accessed via an existing driveway situated 

along the southern side of the property, also separating those dwellings from the subject site. 

The wider surrounding locality comprises various older and newly constructed low to medium 

density housing. 

Page 304




Aerial view of subject site 

Page 305 

Existing residential dwelling at subject site 

Proposal 

The proposed development involves: 

• Demolition of the existing single storey dwelling, free-standing fibro shed and metal 

shed; 

• Construction of a two storey boarding house containing nineteen self contained rooms; 

and 

• Provision of four on-site car parking spaces, including one disabled car space, within 

the front setback of the site. 

The ground floor of the proposed building is to contain eight boarding rooms, two of which 

are adaptable units, a communal living area, a communal laundry (which has direct access to 

the outdoor drying area), a waste storage area and staircase leading to the upper floor level. 

The first floor contains eleven self contained boarding rooms, a store room and a fire exit 

staircase. 

Each boarding room is to provide a bathroom, which includes a shower (bath for the adaptable 

units), toilet and wash basin, a bed, television, wardrobe and kitchenette area. 







• Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct 



(DCP 29) 

• Development Control Plan 37 – Energy Smart Homes Policy (DCP 37) 

• Development Control Plan 45- Landscape (DCP 45)




• Development Control Plan 48- Waste Management (DCP 48) 

• Development Control Plan 51- Access and Mobility (DCP 51) 

• Council’s Stormwater Management Manual – Specification 9 “A Guide to Stormwater 

Drainage Design”. 

Assessment 


79C(1) of the Environmental Planning and Assessment Act 1979. 


The proposed development compares to the boarding house provisions outlined in Part 

2, Division 3 of State Environmental Planning Policy (Affordable Rental Housing) 

2009 (ARHSEPP) as follows: 


If a boarding house has five or more boarding 19 boarding rooms and one communal Yes 

rooms, at least one communal living room 

must be provided. 

living room are proposed. 

No boarding room is to have a gross floor Each boarding room has a gross floor Yes 

area (excluding any area used for the 

purposes of private kitchen or bathroom 

facilities) of more than 25m². 

area of less than 25m². 

No boarding room is to be occupied by more This can be imposed as a condition of Yes 

than two adult lodgers. 

consent. 

Adequate bathroom and kitchen facilities will Adequate bathroom and kitchen Yes 

be available within the boarding house for facilities are provided within each 

the use of each lodger. 

boarding room for the use of each 

lodger. 

If the boarding house has capacity to The boarding house is to accommodate a Yes 

accommodate 20 or more lodgers, a boarding maximum of 19 lodgers. Therefore, no 

room or on-site dwelling must be provided 

for a boarding house manager. 

boarding house manager is required. 

If the boarding house is on land zoned The subject site is zoned Residential Yes 

primarily for commercial purposes, no part of 2(c) under Local Environmental Plan 

the ground floor of the boarding house that 178 – Belmore/Lakemba precinct. 

fronts a street must be used for residential Therefore, a ‘boarding house’ is 

purposes unless another environmental 

planning instrument permits such a use. 

permissible within the zone. 

At least one parking space must be provided The submitted plans show that four Yes 

for a bicycle, and one for a motor cycle, for motor bike spaces are provided within 

every five boarding rooms. Given 19 the front setback of the site and four 

boarding rooms are proposed, a total of four bicycle spaces are provided at the rear of 

motorbike spaces and four bicycle spaces are 

required to be provided on-site. 

the site. 

The maximum FSR (inclusive of additional 

0.5:1 floor space as stipulated within Clause 

29(1)(c) of the SEPP) permitted for the 

proposed development is 1.25:1. 

0.89:1 Yes 

Page 306





If accommodation is provided on-site for a Given that the proposed development is Yes 

boarding house manager – one area of at least to provide a total of 19 rooms, no 

8m² with a minimum dimension of 2.5m is boarding house manager is required. 

provided adjacent to that accommodation. Thus, accommodation for a boarding 

house manager is not proposed. 

A consent authority must not refuse consent A private open space area of at least Yes 

to the development if at least the following 110.6m² with a minimum dimension of 

private open space areas are provided (other 7.8 metres is proposed at the rear of the 

than the front setback area): One area of at 

least 20m² with a minimum dimension of 3 

metres must be provided for the use of the 

lodgers 

site for the use by lodgers. 

A consent authority must not refuse consent The proposed landscape treatment of the Yes 

to the development if the landscape treatment front setback area is compatible with the 

of the front setback area is compatible with streetscape. Please refer to comment 

the streetscape in which the building is 

located. 

below. 

A consent authority must not refuse consent The proposal provides one communal Yes 

to the development if the development living room on the ground floor level, 

provides for one or more communal living within the north-eastern side of the 

rooms, at least one of those rooms must building, facing the streetscape. This 

receive a minimum three hours of direct communal living room will receive a 

sunlight between 9am and 3pm in mid- minimum of three hours sunlight 

winter. 

between 9am and 3pm on 21 June. 

In the case of development in an ‘accessible As 19 boarding rooms are proposed to Yes 

area’ – at least 0.2 parking spaces are to be be provided, a total of four car parking 

provided for each boarding room. 

spaces must be provided on-site. The 

Note: The subject site is located within an proposed development fulfils the car 

‘accessible area’ as the nearest bus stop is parking requirements of the Affordable 

situated on Haldon Street, immediately off Rental Housing SEPP as four car 

the corner of Haldon Street and Lakemba parking spaces, including one disabled 

Street, which is less than 400m walking 

distance from the subject site. Furthermore, 

Lakemba Station is located less than 800m 

walking distance from the subject property. 

car space, is to be provided on-site. 

Each boarding room must have a gross floor Each proposed boarding room has a Yes 

area (excluding any area used for the minimum floor area of 12m². The 

purposes of private kitchen or bathroom boarding house is proposed to 

facilities) of at least: 

accommodate no more than one lodger 

(i) 12m² in the case of a boarding room for each boarding room at any one time. 

intended to be used by a single lodger; or Should the application be approved, it is 

(ii) 16m² in any other case. 

recommended this be imposed as a 

condition of consent. 

A boarding house may have private kitchen Each boarding room has a private Yes 

or bathroom facilities in each boarding room 

but is not required to have those facilities in a 

boarding room. 

kitchen and bathroom facility. 

Page 307




As demonstrated above, the proposed development is consistent with the boarding 

house requirements of the ARH SEPP. However, it is noted that Clause 29(2)(b) of the 

ARH SEPP states that a consent authority must not refuse consent to development to 

which this Division applies “if the landscape treatment of the front setback area is 

compatible with the streetscape in which this building is located”. An analysis of the 

existing streetscape reveals that there are a total of 14 properties within Macdonald 

Street that contain front setback areas that are fully concreted with minimal or no 

landscaping and used for the primary purpose of car parking. The closest of these 

properties located to the subject site are 2 and 4 Macdonald Street which are 

approximately 29 metres south-east of the site. The landscape treatment provided for 

the proposed development is considered to be compatible with the existing streetscape 

as, although the front setback area is to be predominately sealed for waste collection, 

disability access and car parking purposes, a 0.5 metre wide landscaping strip will be 

provided within the front setback area, along the south-east side boundary of the site 

and along the front boundary line facing Macdonald Street to soften the hardstand area 

of the site. To further soften the appearance of the front setback area an alternative 

treatment and/or finish is to be provided to differentiate between the car parking 

spaces and manoeuvring area, with details to be shown on the landscape plan. In this 

regard, the proposed development is considered suitable and fulfils the requirements of 

Clause 2(2)(b) of the ARH SEPP. 

Examples of similar dwellings in Macdonald Street, Lakemba, showing front setback areas 

provided within the existing streetscape 

• Canterbury Local Environmental Plan No.178 – Belmore/Lakemba Precinct 


178 – Belmore/Lakemba Precinct. The proposed demolition of existing structures and 

construction of a two storey building to be used as a ‘boarding house’ is permissible 

with the consent of Council. 


On 26 July 2012 , Draft LEP 2012 was adopted by Council and is an 

instrument to consider under Section 79C (1)(a)(ii) of the Environmental Planning and 

Assessment Act. The broad controls applicable to this application are: 

Page 308





Zoning R4 – High The proposed development is a permissible use Yes 

Density 

within the R4 – High Density Residential zone, 

Residential as defined in the Draft Canterbury LEP 2012. 

FSR 1.25:1 0.89:1 Yes 

Building Height 8.5m Max. 5.9m Yes 









corners, provides natural 

public/communal areas, clearly surveillance for public/ communal 

visible entries/exits, service areas areas, front of the property is 

and car parking should be well lit clearly visible from the street, as 

are the proposed entry/exit points. 

Access Prevent unintended access Front door access only, front Yes 

Control 

boundary of property to be clearly 

demarcated from nature strip, entry 

clearly defined. 



opportunities for vandalism. sense of ownership, entry to 

Express a sense of ownership and development clearly defines public, 

reduce illegitimate use/entry semi-public, and private space. 

Natural Fence design to maximize natural Natural observance exists with Yes 


proposed design and height of front 

fence. 

Access Dwellings clearly identified by Boarding house is to be secured, Yes 

Control street number. Security for 

dwelling. 

numbers to be on street front. 

Ownership Dwellings and communal areas Front and rear of dwelling to be Yes 

design to provide sense of landscaped and designed to provide 

ownership 

a sense of ownership. 

As demonstrated above, the proposed development fulfils all requirements of DCP 29 

– Crime Prevention Through Environmental Design. 

• Development Control Plan 37 – Energy Smart Homes Policy (DCP 37) 

This DCP applies insofar as it aims to protect and maintain solar access of 

immediately adjoining residential properties by ensuring they receive at least 2 hours 

of sunlight access between 9am and 3pm on June 21 to the various scenarios tabled 

below: 

Page 309




Solar Access Requirements Proposed Complies 

To at least 50% of 35m² (which includes a The development allows sunlight Yes 

minimum dimension of 2.5m) of the adjoining access to more than 50% of the 

property’s principal area of ground level open principal private open space of the 

space. 


One living room window (of the adjoining Living room window’s of adjoining Yes 

property) is to receive 2 hours sunlight dwellings will receive a minimum of 

between 9am and 3pm on June 21. 

two hours of sunlight on June 21. 

Outdoor clothes drying area of the adjoining The outdoor clothes drying areas of Yes 

property is to receive two hours sunlight the adjoining properties will receive 

between 9am and 3pm on 21 June 

two hours of sunlight on June 21. 

The proposal therefore complies and fulfils the provisions of DCP 37. 


The proposal has been reviewed by our Landscape Architect in accordance with DCP 

45. The landscape architect is satisfied with the proposal subject to conditions being 

included on any consent issued. 


A ‘Waste Management Plan’ for demolition, construction and ongoing waste 

generated upon occupation of the premises has been submitted with the application 

which satisfactorily outlines the expected waste materials to be generated and their 

estimate quantities/volume, on-site/off-site recycling methods to be undertaken, 

storage arrangements and various places for the disposal of materials and waste. As 

such, the submitted Waste Management Plan is considered to be suitable and 

demonstrates full compliance with the requirements of DCP 48. Our Waste Section 

also reviewed the application and raise no objections subject to conditions being 

imposed on the consent should the application be approved. 


A copy of the development application was referred to our Disability Access 

Committee who provided comments suggesting some changes. In particular, it was 

suggested that two of the boarding rooms be made accessible to a person using a 

wheelchair; any step, lip or significant level change be addressed by means of a ramp 

that complies with AS1428.1 (2009); and the provision of a disabled car space. 

These comments were forwarded to the applicant. Amended plans were submitted 

which adequately responded and demonstrated full compliance with all requirements 

of DCP 51. In this regard, our Disability Access Committee is satisfied and raises no 

objections to the proposal subject to appropriate conditions regarding disability access 

and compliance with the relevant requirements of AS 1428.1, AS1735.14 and the 

Disability (Access to Premises – Buildings) Standards (2010) being imposed on the 

consent should the application be approved. 

Page 310





Drainage Design”. 

The proposal has been reviewed by our Development Engineer who has found it to be 

satisfactory subject to appropriate conditions being included on any consent issued. 


• Standards for Places of Shared Accommodation 

The proposal is regulated by the Standards for Places of Shared Accommodation under 

the Local Government (General) Regulation 2005. These Standards refer to the Public 

Health (General) Regulation 2002 which requires that each room has a floor area of 

5.5m 2 or more for each person sleeping in it (in the case of long-term sleeping 

accommodation) or 2m 2 or more for each person sleeping in it (in any other case). It is 

expected that each room be used by no more than one person (this will be a condition 

of consent should approval be issued), and as such the proposal would comply with 

this standard as the room sizes range between 12.01m 2 to 18.24m 2 in area . 

An appropriate condition would be placed on the consent requiring compliance with 

the Places of Shared Accommodation Standard which requires the premises to be kept 

in a clean and tidy state and for furniture and fittings to be maintained in good order. 

To ensure compliance with the above standard, annual inspections are carried out by 

our Officers of all places of shared accommodation. Therefore these premises would 

be the subject to an annual inspection as required by the Local Government 

Regulation. 

Notification 

In accordance with our Notification Policy (DCP 32), the application was advertised in the 

local newspaper and notified to adjoining and affected neighbouring property owners and 

occupiers. A total of seven submissions were received raising concerns in relation to the 

following: 

• The overshadowing impacts from the proposed development onto adjoining 

properties 

Comment 

As discussed in the report, the shadow diagrams that accompany the application 

indicate that shadows on 21 June would mainly extend onto the southern side of the 

subject site and onto adjoining property 8 MacDonald Street. It is noted, on 21 June, 

between the approximate hours of 1pm and 3pm, a shadow will be cast on the northern 

elevation of 8 MacDonald Street. However, the extent of shadowing is well within the 

requirements of DCP 37 and is therefore considered satisfactory. 

• Increase in noise pollution which the proposed development will bring into the 

street, both from in terms of traffic and number of people that it will generate 

Page 311




Comment 

The proposed boarding house will be used for residential purposes and is likely to 

generate the same amount of noise as a residential flat building. Nineteen rooms are 

proposed in the boarding house, and each room will be used by a maximum of two 

persons only. 

Further, it is a general characteristic of boarding houses that the occupants have low 

car ownership and usage rates and as such a significant increase in traffic through 

MacDonald Street is unlikely to be experienced as a result of the proposed 

development. Additionally, the proposed development fulfils the parking requirements 

specified in State Environmental Planning Policy (Affordable Rental Housing) 2009. 

• The proposed development’s potential to compromise security and safety in the 

street with the type of people that may be residing in the boarding house. Issues 

such as theft, threat of anti-social behaviour, drugs, unethical use of the boarding 

house are of concern 

Comment 

Boarding houses are a valid alternative type of residential accommodation which 

address the needs of a particular section of our community. 

Should consent be granted, the applicant will be required to submit a Plan of 

Management for our approval prior to occupation of the building. The Plan of 

Management is to provide set objectives and house rules for future occupants. 

If the boarding house is operated in accordance with the conditions of consent and an 

approved Plan of Management, it is unlikely that the use will adversely impact on the 


• Loss of privacy which will be experienced by neighbouring residents as a result of 

the proposed development 

Comment 

The proposed development includes the provision of windows and balconies on both 

side elevations. The first floor of the southern-eastern side elevation includes five 

large room/balcony windows, six glazed high sill bathroom windows and one recessed 

staircase window. The first floor of the north-western side elevation includes five 

large room/balcony windows, five glazed high sill bathroom windows and two fire 

rated glass block high sill staircase windows. 

The main windows of concern in regard to privacy are the large glass sliding doors 

provided for each first floor boarding room which measure1900mm in width by 

2100mm in height. These concerns have been raised with the applicant and in 

addressing this issue the applicant has provided amended plans showing that all first 

floor balconies are to be fixed with obscured privacy balustrades and be fitted with 

1.5m high privacy screen to minimise overlooking into adjoining property common 

living areas. 

Page 312




Furthermore, to ensure that the first floor staircase window located along the southeastern 

elevation of the building creates no overlooking or privacy impacts, it is 

recommended that should the application be approved, a condition requiring the first 

floor staircase window be obscured or frosted glazed be imposed and made part of the 

consent. 

It is noted that the sliding door of each boarding room is associated with the area of 

each boarding room which will be used mainly for the purpose of watching television, 

cooking a meal or sleeping, as there is a communal living area on the ground floor 

level. These sliding doors will also be installed with blind fixtures to protect the 

privacy of boarding room occupants, and as such will in turn protect the privacy of 

adjoining residents. 

It is also noted that as the proposed development provides a 1.5 metre setback along 

the sites south-eastern elevation and a minimum side setback of 1.2 metres along the 

sites north-western elevation, and when combined with the setback of neighbouring 

buildings from the common boundaries, all windows will be located approximately 

4.5-6 metres away from any adjoining properties’ window(s). 

Given the size and dimensions of the first floor balconies, they are unlikely to be used 

for habitable purposes. 

• Insufficient provision of on-site car parking and increase of traffic and parking 

demand in the street, which is already a problem in Sproule Street 

Comment 

Clause 29(2)(e) of State Environmental Planning Policy (Affordable Rental Housing) 

2009 requires the proposed development provide at least 0.2 parking spaces for each 

boarding room. Given that 19 boarding rooms are proposed to be provided, a total of 

3.8 car parking spaces are required to be provided on-site. The proposal fulfils these 

car parking requirements as a total of four car parking spaces, including one disabled 

car space, is to be provided within the front setback area of the subject site. 

In regard to traffic generation, it is a general characteristic of boarding houses that the 

occupants have low car ownership and usage rates. It is also noted that the subject site 

is located within close proximity and within a walkable distance to Lakemba Railway 

Station, and Lakemba Street which is serviced by the local bus network. As such, 

many tenants are expected to use public transport to access the site. 

• The provision of inadequate open space 

Comment 

Clause 29(2)(d)(i) of State Environmental Planning Policy (Affordable Rental 

Housing) 2009 requires at least one private open space area, excluding the front 

setback area, of at least 20m² with a minimum dimension of 3 metres be provided onsite 

for the use of lodgers. The subject proposal satisfactorily exceeds this requirement 

as a large private open space area of 110.6m² with a minimum dimension of 7.8m is 

Page 313




provided at the rear of the site. Therefore, sufficient open space is provided for the use 

of lodgers in accordance with this policy. 

• Bulk and scale of the building 

Comment 

The bulk and scale of the proposed development is considered suitable and will 

complement the existing streetscape, particularly as the immediate and surrounding 

locality is occupied by several small to medium density residential developments 

comprising single storey and double storey dwellings, dual occupancy developments, 

townhouse and villa developments and multi-unit developments. 

Furthermore, Clause 29(1)(c) of State Environmental Planning Policy (Affordable 

Rental Housing) 2009 provides that the maximum floor space ratio permitted for the 

subject site is 1.25:1. Given that the proposal provides a total floor space ratio of 

0.89:1 which is well below the permitted density requirement, the bulk and scale of the 

proposed development is considered to be suitable. 

• Potential litter/loitering from various occupants 

Comment 

The issue of litter is unlikely to be an issue as a suitable waste storage area that is to 

accommodate for the storage of five general waste bins and two recycling bins in 

accordance with the requirements of Development Control Plan 48 – Waste 

Management, is to be provided, at the front of the building adjacent to the main 

entrance area. Thus, the issue of litter is unlikely to be an issue for the subject site or 

occupants of the surrounding locality. The proposal provides for an internal communal 

area for residents, as well as an outdoor rear common area. There is therefore 

provision within the development site for residents to congregate and socialise, 

without the need to do so off site. 

• MacDonald Street is already overcrowded with residential flat buildings, and 

overcrowded with too many people. The proposed development will worsen this 

existing situation 

Comment 

As stated previously, the proposed development is for a ‘boarding house’ which is a 

permissible type of development within the Residential 2(c) zone under Canterbury 

LEP 178. MacDonald Street is characterised by single, two and three storey 

residential developments and the proposed development would complement the 

existing character of the street. 

Conclusion 

The proposed development is permitted within the Residential 2(c) zone and generally 

complies with the relevant requirements that apply to boarding houses. The bulk and scale of 

the proposed development is consistent with surrounding residential developments in the 

locality and the provisions of State Environmental Planning Policy (Affordable Rental 

Housing) 2009. The proposed development is not expected to generate a significant increase 

in traffic and parking demand in MacDonald Street. Should development consent be issued 

Page 314




and the proposed boarding house is operated in accordance with the conditions of consent and 

the plan of management, it is unlikely that the use will adversely impact the surrounding area. 

Independent Hearing and Assessment Panel Report: 

The Independent Hearing and Assessment Panel considered the application on 2 July 2012, 

and their report is provided below. 

“IHAP Recommendation 

THAT Development Application DA-274/2011 be DEFERRED to enable the 

applicant to prepare the amended plans and details as referred to in the Panel’s 

Assessment. 


Site Visit 




The applicant’s representative attended and provided information in relation to 



The Panel notes that the application is generally a compliant development which is 

capable of approval subject to some changes. 

The Panel does have a concern regarding the manner in which the proposed building 

addresses the street and whether the design of the development is compatible with the 

character of the local area. 

The concern of the Panel relates to the lack of landscaping in the front setback and the 

extent to which the first floor is cantilevered (including how the cantilevering is 

structurally supported). 

The Panel is of the opinion that the application should be amended to address these 

issues. 

The Panel recommends that the application be deferred to enable the applicant to 

address the following matters: 

a) Redesign of the front upper storey by removal of the excessive cantilever and 

the frontage of the garbage area to the street (this will involve the deletion of 

Unit 9) to improve street presentation and activation of the façade as it is 

viewed from the street. 

b) Notwithstanding the retention of the rear eucalypt tree, redesign the landscape 

frontage to incorporate medium trees and shrubs, consistent with the two 

neighbouring properties, and replacement of a street tree to the north west of 

the site on the Council’s road reserve. 

Page 315




c) Amend the drawings to provide all first floor balconies with fixed and obscure 

privacy balustrades and 1.5 metre high privacy screens to minimise 

overlooking into adjoining property living areas. 

d) A revised and amended landscape plan to be provided including appropriate 

detailed design of the car parking paved area to improve its appearance (by 

the inclusion of unit paving) and the incorporation of selected tree planting. 

e) The submission of the proposed Plan of Management addressing the matters 

listed in proposed condition 2 and also indicating one adult lodger per room 

and how this will be enforced and maintained for the life of the development. 

f) Amend the Waste Management Plan to identify the nature and approximate 

amount of asbestos on site to be removed as part of the demolition. 

g) Reconfigure and redesign the garbage bin storage area and provide 

appropriate landscape screening.” 

Supplementary Information: 

The applicant has submitted amended plans and supplementary information in response to the 

issues raised by the Independent Hearing and Assessment Panel at its meeting on 2 July 2012. 

The applicant has made several changes to the application to address the Independent Hearing 

and Assessment Panel’s concerns. These include: 

a) Deletion of on-site car parking being provided within the front setback of the site and 

the introduction of a basement car parking level, accommodating a total of four car 

parking spaces, one disabled car space and four motor cycle spaces (This has resulted 

in the provision of one additional car space). 

b) Redesign of the building’s façade and removal of the excessive cantilever. 

c) Relocation of the proposal’s waste storage area so that it is not visible from the street. 

d) Redesign and provision of landscaping within the front setback of the site. 

e) All first floor balconies are now to be fixed with obscure privacy balustrades and 1.5 

metre high privacy screens to minimise overlooking into adjoining property living 

areas. 

The applicant has submitted a revised Waste Management Plan and Plan of Management as 

requested by the Independent Hearing and Assessment Panel. A revised Schedule of Finishes 

has also been provided. 

Given that the amended plans include significant changes to the initial proposal, the 

application was re-notified to adjoining and surrounding occupants and advertised in the local 

newspaper in accordance with Council’s Notification Policy. No submissions were received. 

Assessment of the amended proposal reveals that the application complies with all 

requirements and provisions of State Environmental Planning Policy (Affordable Rental 

Housing) 2009, Canterbury Local Environmental Plan 178 – Belmore/Lakemba Precinct, 

Draft Canterbury Local Environmental Plan 2012, Development Control Plan 29 – Crime 

Prevention Through Environmental Design (DCP 29), DCP 37 – Energy Smart Homes Policy, 

DCP 48 – Waste Management and DCP 51 – Access and Mobility. 

Page 316




Our Landscape Architect and Development Engineer have reviewed the amended proposal 

and advised that the application complies with all requirements of DCP 45 – Landscape and 

Council’s Stormwater Management Manual – Specification 9 “A Guide to Stormwater 

Drainage Design”. They raise no objections to the application subject to conditions being 

imposed and made part of the consent should the application be approved. 

The amended proposal has been assessed pursuant to the provisions of Section 79C of the 

Environmental Planning and Assessment Act 1979 and all relevant state environmental 

planning policies, development control plans, codes and policies. The design changes made to 

the original application are considered to be suitable and are supported as they enhance the 

visual appearance of the development from the street, further reduce opportunities of loss of 

privacy and overlooking between future occupants of the subject site and occupants of 

adjoining properties and increase safety by providing separate pedestrian and vehicular access 

to the site. In this regard, it is recommended the application be approved. 

Based on the amended plans, the following conditions have been deleted: 

2. The applicant/operator of the use shall prepare a Plan of Management for the use. The 

Plan of Management must specify how the premises are to be operated as a boarding 

house, and must address issues including, but not restricted to, the following: 

• establishing house rules; 

• resident behaviour; 

• maintaining good relations with neighbours; 

• noise; 

• the use of external areas; 

• the holding of parties; 

• the consumption of alcohol on the premises; 

• the use of stereos and like equipment; 

• the carrying out of activities likely to cause a nuisance; 

• the parking of vehicles; 

• the registering of complaints; 

• dealing with complaints; 

• cleaning of premises; 

• disposal of waste. 

The Plan of Management must be submitted to Council’s Community Safety Officer 

for approval prior to the issue of a Construction Certificate, and the use shall be 

operated in accordance with the approved Plan of Management at all times. The 


and all neighbouring properties in MacDonald Street with a 24-hour telephone contact 




arisen. This information shall be collated into a Complaints Log. 

3. Prior to the issue of a Construction Certificate, an amended Landscape Plan that is 

prepared by a qualified Landscape Architect must be submitted to Council for 

approval showing the proposal’s landscaping. The landscape plan must provide a 

minimum 1 metre wide landscaping strip along the sites south-eastern side boundary, 

within the front setback of the site, and a minimum 400mm wide landscaping strip 

Page 317




along the sites front boundary facing Macdonald Street. These landscape areas must be 

provided by plantings that will visually soften the hardstand area of the sites front 

setback. To further soften the appearance of the front setback area, an alternative 

treatment and/or finish must be provided to differentiate between the car parking 

spaces and manoeuvring area. The landscape plan must address and fulfil these 

requirements to the satisfaction of Council. 

A new Condition 10 has been added in relation to the Plan of Management and Conditions 5, 

6, 13, 14, 16, 34 and 42 have been amended to reflect the amended plans and documents 

submitted in relation to this development. 


THAT Development Application DA-274/2011 be APPROVED subject to the following 

conditions: 














• Compliance with the Disability (Access to Premises - Buildings) 















1986. 





Page 318






payment. 










SITE SIGNAGE 








DEMOLITION 






hazardous materials, including asbestos or materials containing asbestos must 

be carried out in accordance with the requirements of the Workcover Authority 

of New South Wales. 



















Page 319















hours). 








Structure. Note: For further advice you may wish to contact the NSW 

Community LEAD Advisory Service on 9716 0132 or 1800 626086 (freecall) 









GENERAL 



this Notice: 

Plan No. Plan Title Prepared by Received by 

0.01 (Issue G) 


0.03 (Issue D) 



1.00 (Issue A) 

1.01(Issue G) 

2.01(Issue E) 

2.02(Issue F) 

3.01(Issue E) 

Proposed Site Plan 

Ground Floor Plan Analysis 

First Floor Plan Analysis 

Waste Management Plan 

Turning Circles Plan 

Basement Floor Plan 

Ground and First Floor Plan 

Archistyle Designs 

Council on 


Elevation Plans Archistyle Designs 1 August 2012 

5.01(Issue E) Shadow Diagrams Archistyle Designs 1 August 2012 

K1086-1-B Survey Plan Ross Robinson 

Surveys Pty Limited 

16 June 2011 

L01/1-R16701 Landscape Plan Michael Siu 


(Revision A) 

Landscape Architects 

Page 320




101A, 201A and Stormwater Concept Plans Lomford Engineers 17 September 

301A 

2012 

5.1. The Construction Certificate Plans must show all first floor balconies are fixed 

with obscured privacy balustrades and that all first floor balconies are fitted 

with a 1.5 metre high privacy screen to minimise overlooking into adjoining 

property living areas. 

6. Finishes and materials including the treatment of external walls, windows, 

balustrading and guttering being in accordance with the details presented in the 

‘Schedule of Finishes’ prepared by Archistyle Designs, Issue B, Job No. 1210, Page 

6.01, Dated: 24 July 2012 and as received by Council on 1 August 2012. The 

approved design (including an element or detail of that design) or materials, finish or 

colours of the building must not be changed so as to affect the external appearance of 

the building without the approval of Council. 

7. The building not being used at any future time other than for the purpose of a 19 room 

boarding house. 

8. Each boarding room sleeping no more than two persons. A total of nineteen boarders 

being accommodated on-site at any one time. 

9. A security system is to be installed at the entrance to the building to prevent 

unauthorised access into the complex. Visitors should only be able to gain access into 

the building via a buzzer system. 

10. The use shall be operated in accordance with the approved Plan of Management 

(Dated: 23 July 2012 and received by Council on 1 August 2012) at all times. The 


and all neighbouring properties in MacDonald Street with a 24-hour telephone contact 




arisen. This information shall be collated into a Complaints Log and be made readily 

available to Council at any time upon request. 

11. The new building shall continue to be used exclusively for the purposes of a boarding 

house within the meaning of State Environmental Planning Policy (Affordable Rental 

Housing) 2009. 

12. Strata subdivision of the boarding house is not permitted. 

13. Five (5) off-street car spaces, including one disabled car space, being designed in 

accordance with AS 2890.1, provided in accordance with the submitted plans and 

being sealed and linemarked to the satisfaction of the Principal Certifying Authority. 

14. Car space No. 5, as shown on the approved plans, must be designated for disability 

access and be appropriately signposted in accordance with the provisions of the 

Disability (Access to Premises – Buildings) Standards 2010. 

15. Access to the premises should be provided for people with disabilities. Any step, lip 

or significant level change should be addressed by means of a ramp complying with 

AS 1428.1. An uninterrupted path of travel should be maintained from the entrance to 

the premises in MacDonald Street to the wheelchair accessible rooms and the 

communal living room area. Unimpeded access must also be provided for people with 

disabilities to the waste, recycling and mail box areas. 

16. Rooms 2 and 7 in the boarding house are to be accessible to a person who uses a 

wheelchair and must comply with all relevant requirements of AS1428.1 and the 

Disability (Access to Premises – Buildings) Standards 2010. 

Page 321




17. The proposed development must be constructed and provided to comply with all 

applicable provisions as outlined in AS1428.1, AS1735.14 and the Disability (Access 

to Premises – Buildings) Standards 2010. 













23. The stairwell windows being translucent glass. 







27. The construction site must have soil and water management controls implemented as 

described in Specifications S1 and S2 of Council’s Stormwater Management Manual. 









30. The proposed structure being erected so as to stand wholly within the boundaries of 

the allotment. 



relevant BASIX Certificate for the development are fulfilled. In this condition: 






modified); or 






Page 322




LANDSCAPING 

32. The existing property tree, Eucalyptus spp (common name Gum) is to be retained and 

protected during construction. A tree protection zone (TPZ) of min. 7 m radius must 

be observed. A tree protection barrier is to be erected around the perimeter of the TPZ 

prior to the commencement of any site works. This barrier must be a minimum 

1800mm high chain link fabric (with standard 50mm pitch) on 2400mm star pickets 

driven 600mm into the ground so that the fencing cannot be breached. A 600mm x 

450mm prohibition sign complying with AS1319, and stating ‘TREE PROTECTION 

ZONE – KEEP OUT’ must be attached to the barrier. The barrier is to be well 

maintained during construction. No building material storage or construction activity 

shall be allowed to encroach within this TPZ. 

33. An automatic watering system is to be installed in common areas at the applicant’s 

cost. Details including backflow prevention device, location of irrigation lines and 

sprinklers, and control details are to be communicated to Council or certifier prior to 

the issue of the Construction Certificate. The system is to be installed in accordance 

with the manufacturer’s specification and current Sydney Water guidelines. 

ENGINEERING 

34. The stormwater system must be constructed in accordance with the plans, 

specifications and details prepared by Lomford Engineers, received by Council on 17 

September 2012; Drawing Numbers 101A, 201A and 301A; and as amended by the 

following conditions. 








stormwater management manual ~ specification 9. Sump depth is to be a minimum of 

300mm deep. 

37. Stormwater pipes not to be constructed under proposed structures. 





Design”. 














Page 323












42. A full width light duty vehicular crossing shall be provided at the vehicular entrance to 

the site, with a maximum width of 3.5 metres at the boundary line on MacDonald 

Street. This work to be carried out by Council or an approved contractor, at the 









pavements, car-parks, landscaping and stormwater drainage. Evidence must be 






Asphaltic Concrete; C247-Mass Concrete Sub-base; C248-Plain or Reinforced 

Concrete Base; C254-Segmental Paving; C255-Bituminous Micro-surfacing. 


Parking Part 1 – Car parking Facilities". 


or Private Certifier. Costs associated with preparation and registration of easements to 







& Gutter”. 

49. The reconstruction of the kerb and gutter along all areas of the site fronting Mac 

Donald Street is required. Work to be carried out by Council or an approved 





the site fronting MacDonald Street is required. Work being carried out by Council or 

an approved contractor, at the applicant’s cost. The work is to be carried out in 



Page 324




51. The nature strip outside the property shall be repaired as necessary. Work to be 


to be carried out in accordance with AUS-SPEC #1 Specification C273-Landscaping. 










design. 






53. Class 2, 3 or 4 buildings 















hours. 




OTHER APPROVALS 

56. Outfitting and operation of the use in accordance with Schedule 2 (Part 1-STANDARDS 

FOR PLACES OF SHARED ACCOMMODATION) of the Local Government (General) 

Regulation 2005. Council’s City Planning Division conducts routine annual 

inspections in order to ensure compliance with the requirements of the Schedule and a 

written report of the result of the inspection is issued by the Environmental Officer. A 

fee is payable for this service under Section 608 of the Local Government Act 1993. 



(NCC). 



Page 325





• Evidence of compliance with NCC Section J 


• Glazing 



advance. 

60. The relevant Council Manuals and AUS-SPEC specifications referred to are available 

from Council for a fee. 

61. Private contractors shall submit an application and pay an inspection fee to Council 

seven days prior to commencement of any works on the footpath or roadway. No 

work shall be carried out without Council approval. 

62. The applicant is to ensure that landscaping and hydraulic plans are co-ordinated. 

Hydraulic details such as pits, stormwater lines, detention tanks and retaining walls are 

to be shown on the Landscape Plan as these can effect layout of garden beds and 

plantings. 














6 months of the date of receipt of this Notice of Determination; or 










‘18a. Lockable gates are to be added towards the street end of the pedestrian 

accessways on either side of the development.’ 


‘32a. Trees are to be planted along boundaries to adjoining properties to provide 

additional privacy. Species to be in accordance with Council’s approved 

landscaping requirements.’ 

Page 326


17 59 EVALINE STREET, CAMPSIE: ALTERATIONS AND TWO 

STOREY ADDITION TO THE COMMERCIAL BUILDING 



WARD: CENTRAL 


Applicant: 

Owner: 

Stimson Consultant Services Pty Ltd 

Combeda Pty Ltd 

Zoning: General Business 3(a) under Local Environmental Plan No. 148 – 


Application Date: 31 October 2011; with additional information submitted on 27 July 

2012 

Summary: 

• The applicant seeks consent to undertake alterations and additions to the existing three 

storey commercial building including the construction of two additional levels of 

commercial floor space. 

• The proposed commercial development is permissible with Council consent within the 

General Business 3(a) zone under Local Environmental Plan 148 – Campsie Precinct. 

• The application was notified in accordance with Development Control Plan 32. No 

submissions were received. 

• The proposed development generally complies with the requirements of the relevant 

planning instruments and development control plans, with the exception of the 

building height, building setback and building depth controls. The proposed 

development is consistent with and reflects the objectives of the zone and the 

performance criteria established under Development Control Plan 54 – Town Centres. 


conditions. 



amendments. 




Report: 

Background 

On 31 March 1992, Council approved DA-5887/92 for the construction of a three storey 

commercial building with basement carpark. Condition three of the consent required the 

provision of 67 car spaces at the basement levels. 

Page 327


59 EVALINE STREET, CAMPSIE: ALTERATIONS AND TWO STOREY ADDITION TO THE COMMERCIAL 

BUILDING (CONT.) 

On 28 October 1992, a Section 96 modification (DA-5887/92A) was approved for the 

modification of the approved three storey commercial building and basement car park. 

On 28 March 1996, Council refused DA-8271/1995 for the erection of an additional level on 

the existing commercial building. 

On 7 September 1999, Council approved DA-791/99 for the erection of a colorbond awning 

over the outdoor terrace area. 

On 15 March 2007, Council approved DA-36/2007 for the fitout of rear of the ground floor 

(suites 1 and 2) and use as an educational facility and community facility by the Sisters of 

Mercy. This consent was modified on 31 May 2007 (DA-36/2007/A) to remove the 

requirement for providing disabled access. 

Site Details 

The subject site is located on the northern side of Evaline Street, approximately 150 metres 

east of Beamish Street in the Campsie Town Centre. It comprises one allotment and is 

identified as being Lot 1 in Deposited Plan 541394. The site is generally regular in shape with 

a frontage to Evaline Street of 40.755m, a rear boundary width of 30.395m and a total site 

area of 1274m². The site has a fall from the east to the west. 

The site has a frontage to Evaline Street as well as Rudd Parade to the west being a pedestrian 

walkway connecting Evaline Street and Amy Street to the north. 

The subject site currently accommodates a three storey commercial building with a two level 

basement car park constructed to the Evaline Street frontage. Vehicular access is provided to 

the basement car park via Evaline Street. Immediately adjoining the site to north and east is 

the Campsie Centre. The site itself is located on the western periphery of the Campsie Town 

Centre. Surrounding uses around the site are characterised as being retail/commercial to the 

north, east and south. To the west are residential zoned properties separated by Rudd Parade. 

Proposal 

The applicant is seeking consent to undertake alterations and additions to the existing three 

storey commercial building comprising the following: 

Page 328




• Provide fire isolated stairwell from the ground floor to the fifth floor; and 

• Increase the commercial floor space on the third floor by 150.81sqm and provide an 

outdoor terrace along the western elevation; and 

• Add a fourth floor level comprising 770.8sqm and outdoor terrace along the western 

elevation; and 

• Add a fifth floor level comprising 628.12sqm and outdoor terrace along the western 

elevation. This is to be reduced to 586.72sqm by the imposition of a condition of 

consent in order to comply with the required building setback for the fifth floor level; 

and 

• The continuation of an existing light well to the proposed new roof. 

The outdoor terraces along the western elevation are to be provided with a minimum of 1.6m 

high privacy screening from the finished floor level of each terrace in the form of fixed 

obscure glazing or the like to mitigate potential overlooking into the western residential 

properties. 

The existing basement levels have no further capacity to accommodate additional car parking 

spaces and therefore Section 94 contributions will be levied in lieu of the parking shortfall. 










(DCP 29) 




Assessment 




The site is zoned General Business 3(a) under LEP 148 – Campsie Precinct and the 

proposed alterations and additions are permissible with the consent of Council. 

The objective of this zone is to achieve a hierarchy of shopping centres containing a 

range of retail, office and related uses, which contribute to employment and economic 

growth of the area. 

The proposed development meets this objective as it is an appropriate active use that 

will provide a substantial contribution to the viability of the Campsie Town Centre. 

Page 329




Furthermore, the additional commercial space will provide for the further employment 

and economic growth of the area. 


On 26 July 2012, the Draft LEP 2012 was adopted by Council and became an 




Zoning B2 – Local Centre The proposed development is permissible within the 

B2 – Local Centre zone, as defined in the Draft 

Canterbury LEP 2012. 

Yes 

FSR No Applicable 

FSR 

No Applicable FSR Yes 

Building 

Height 

Maximum 27m 22.2m Yes 






Commercial & 1 space per 60m² 

No additional car parking No 

Retail (May be paid (1508.33sqm/60sqm) = 25.13 spaces spaces provided on-site, 

through Section 94 Total = 25 spaces 


Contributions) This is based on the required extra to be paid in lieu of 25 

parking generated by the proposed 

additions. 

spaces 

Total Parking 92 spaces (includes 67 existing 67 provided on-site, plus Yes 

spaces) 


for 25 spaces 

Bicycles Commercial 

1 bicycle space per 300m² of floor Provision for bicycle No – see 

area for staff and a minimum 1 spaces has not be made comment 

bicycle space per 750m² of floor area 

for patrons = 7 bicycle spaces. 

below 

The proposed development does not comply with the numerical controls of DCP 20 

for the required car parking spaces for the commercial component and the required 

bicycle spaces for the proposal. The existing building accommodates 67 parking 

spaces. The proposed addition requires a further 25 spaces, totalling 92 spaces. This 

amount of car parking cannot be achieved on site. 

The proposed development seeks to off-set the parking shortfall of 25 car parking 

spaces under our Section 94 Contributions Plan 2005. As the subject property is 

located within Campsie Town Centre, this arrangement is permitted in accordance 

with Clause 4 of Council’s Section 94 Contributions Plan. In this regard, should the 

Page 330




application be approved, suitable conditions have been recommended levying Section 

94 contributions for 25 car parking spaces. 

In regard to the requirement for bicycle spaces, the original development consent for 

the construction of the three storey building did not have a requirement for the 

allocation of bicycle spaces. The site is located within close proximity to regular bus 

services along Beamish Street and Campsie railway station. 

There is no provision to provide these spaces on site or at the basement levels and it 

would be unreasonable to refuse the application on these grounds. 



The proposal seeks to undertake alterations and additions to an existing commercial 

building. Controlled access to the existing premises is provided. The existing building 

provides clear glazing allowing natural surveillance from the premises to the street. 

Also the front entry of the building is clearly visible from the street. The existing and 

proposed additions to the building are consistent with the Crime Prevention Through 

Environmental Design Code and do not result in any departures from crime prevention 

design principles. 


DCP 37 requires that such proposals are required to maintain a minimum of two hours 

of solar access to clothes drying areas, 50% of rear yards, and at least one living room 

window of adjoining properties between 9am to 3pm on 21 June. Where existing 

overshadowing by buildings and fences is already greater than this, sunlight is not to 

be further reduced by more than 20%. 


shows the affect of the proposed overshadowing on the property to the west of the 

subject site. Given the site has a north-south orientation, the adjoining western 

property will continue to receive more than the required two hours of solar access 

from 12noon and onwards to its area of private open space. The proposal does not 

reduce solar access to living room windows on the adjoining sites. Accordingly, the 

proposed development is consistent with the requirements of DCP 37. 


As the alterations and additions are of a commercial nature and the existing building 

does not contain a residential component, the proposal has been assessed against the 

applicable provisions of DCP 54. These are as follows: 


Orientation Position and orientate buildings Development has been designed to Yes 

to maximise north facing walls maximise exposure for solar access 

Align buildings to the street on Building is aligned to the street Yes 


taking advantage of the east-west 

orientation of Evaline Street. 

Page 331





Building Locating entries so that they No change to the existing entry of Yes 

Entry and relate to the existing street and the building which is directly off 

Pedestrian subdivision pattern, street tree Evaline Street. 


network 

Design the entry as a clearly No change is proposed to the Yes 

identifiable element of the existing entrance to the building 

building in the street 

which is to the eastern corner of the 

building and is readily identifiable 


include main common entry for the commercial development 

directly from Evaline Street. 

Provide safe and secure access Access is safe and secure with no Yes 

that includes clear sight lines. obstructions to obscure sight lines. 

Entries to upper levels should be Access to the building is via the Yes 

provided from front façade. common entrance from Evaline 

Street. 


pedestrians and vehicles. access is separate. 


routes to public and semi public accessible. One lift located on the 

areas, including entries, lobbies, ground level provides access to each 



level. 

Vehicle To be located to have minimal The existing basement entrance Yes 

Access impact on pedestrians and be remains on the front façade on 

harmoniously integrated into Evaline Street. This design feature 


remains unaltered by this proposal. 

Encourage separate parking for No residential parking is to be Yes 

residential and non-residential provided within basement levels. 

Development only consists of 

commercial uses. 

Pedestrian safety to be 

One existing vehicular entrance is Yes 

maintained by minimising on the site, which maintains sight 

vehicular access points and 

ensuring clear sight lines 

pedestrian lines. 

Adequate separation must be Existing vehicle entrance is located Yes 

provided between vehicle at the western side of the site, 

entrance and street intersections accessible via Evaline Street to 

maximise distance to the Beamish 

Street intersection. 

Vehicle entry to be maximum 6 No change is proposed to the Yes 

metres wide 

existing vehicle entry. 

Locate car park entry from Existing vehicle entrance located at Yes 


front of the building. No change is 

proposed. Site does enjoy a 

secondary street access for vehicles. 

Minimise the number of vehicular 

accesses 

One vehicular access provided Yes 

Page 332





Parking The provision of non-residential Applicant has agreed to pay Section Yes 

visitor parking is encouraged via 94 Contributions for required non- 


residential (commercial) car 

Contributions where possible parking. 

Integrate ventilation grills or No change is proposed to the Yes 

screening devices of car park present arrangement. Car parking is 

openings into the façade design not below street level and not 

and landscape design 

visible from the street. 

Provide safe and secure access to Existing access to the basement is to Yes 

all users 

remain unchanged (i.e. secured via 

intercom operated roller door). 

Visual Utilise the site layout to increase The new fourth and fifth floors have Yes 


been recessed to comply with the 

height plane control and increase the 

separation distance between the 

residential properties to the west. 

Use detailed site and building The new terrace areas will be Yes 

design elements to increase provided with privacy screens to 

privacy without compromising minimise overlooking onto the 

access to light and air 

western residential properties. 

Building Total height 5 storeys and 18 5 storeys and 22.2 metres No – see 

Height metres 

comment 

below 

Main Building (Base) up to 3 11.6 metres No – see 


comment 

below 




Building Commercial component 10-24 32.8 metres No – see 

Depth metres 

comment 

below 

Building Floors 4 and 5 to be setback 5m Floors 4 and 5 setback 3 metres No – see 

Setbacks 

comment 

below 

Establish 45 degree height plane Site adjoins residential zoned Yes 

from projected 1.8 metre above property. Proposal has been 

the residential zone boundary amended to comply with the height 

plane control 


continuous frontage to the eastern 

side adjoining the Campsie Centre. 

Yes 


base and upper elements. levels 

The set back from the street Setback is 3 metres for the upper No – see 

facade to the upper building building 

comment 

component is to be between 3-5 

metres 

below 


public realm 

No blank walls face Evaline Street Yes 

Page 333





Balconies should be used in This control is related more so to Yes 

moderation and be integrated into residential development. The 

the overall composition of the proposal has incorporated terraces at 

facade. They should not be 

implemented in a monotonous or 

repetitive configuration. This 

applies to both recessed and 






the upper levels for use by staff. 

Roof and Relate roof design to the desired The new roof design is consistent Yes 

Terraces built form and or context with the desired built form and 

context of the area. 

Design the roof to relate to the The roof relates to the size and scale Yes 

size and scale of the building, the of the building. A parapet wall 

building elevations and 3D extends along the front and side 

building form. This includes the elevation which is complimentary to 




the building design. 


orientation of the site, for the northerly aspect to the rear of 

example, by using eaves and the site to provide maximum solar 

skillion roofs to respond to solar access within the proposed building. 

access. 

An internal light well has been 

provided to provide solar access to 

the levels below. 


Improvement development site is programmed that the reconstruction of footpath 

Works to be upgraded as part of the paving and associated works along 

streetscape improvement program areas of the site fronting Evaline 

a development contribution will Street is required. The footpath 

be levied to fund the future costs paving shall be constructed in 

of these works where an accordance with Council’s 

applicable Section 94 

Specification for ‘Segmental Paving 

Contribution Plan is in place. Works – Campsie Shopping 

Alternatively the developer will Centre’. Works are to be carried out 

be required to upgrade the by Council or an approved 

development site street frontage contractor and all associated costs 

in accordance with Council’s for the work shall be borne by the 

specification 

applicant. 


DCP 54, with the exception of the building depth, building height and building setback 

controls. These issues are addressed in further detail below. 

Page 334




Building Depth 

The building depth of the proposed upper two floors will reflect the building depth of 

the existing lower levels. The additional depth from the maximum permitted of 24 

metres will not result in a building that is out of scale or bulky when viewed from the 

street. The building is surrounded by the Campsie Centre to the north and east. In this 

instance, the reduction of the building depth will not alter the building’s visual 

appearance from the street. The maximum permitted building depth is 24 metres. The 

proposed building depth is 32.8 metres. The variation is reasonable in the context of 

the existing building and its minimal impact on the adjoining site to the north and east. 

The western elevation of the proposal has been recessed at each level to provide an 

appropriate separation between the residential zoned properties and the subject 

development. 

Building Setbacks 

DCP 54 requires a minimum front setback at the fourth and fifth floors of 5 metres. 

The proposal provides a setback of 3 metres for the fourth and fifth floors. As the 

Campsie Centre has a zero building setback to Evaline Street to a height equivalent 

approximately to four storeys and that the proposed additions will be for commercial 

purposes, the encroachment of 2 metres at the fourth floor is reasonable. This variation 

at the fourth level is unlikely to impact on the future development of the adjoining site 

to the east and is consistent with the objectives of this control and is worthy of support 

in these circumstances. 

However, in regard to the fifth floor, a condition of consent is recommended to 

setback the fifth floor level to 5 metres as required under DCP 54. The subject site and 

the adjoining Campsie Centre are permitted a height of up to eight storeys. To ensure 

that any further development of these sites can adequately satisfy the objectives of 

DCP 54 relating to building setbacks, it is essential that a consistent approach be 

undertaken that results in the desired spatial proportions of the buildings and their 

relationship to the streetscape. The proposed 3 metre setback at the fifth floor will 

detract from the buildings appearance from the street which is not in line with the 

objectives of DCP 54 and therefore requires compliance with the building setback 

control. 



level to the highest point of the building for an eight storey building at the subject site. 

However Figure 3.2.2-A permits a maximum building height of 18 metres for five 

storey buildings. The existing building in its current form at three storeys does not 

comply with the building height control. The proposal has a maximum building height 

of 22.2 metres. The majority of this non-compliance arises from the lift overrun on the 

roof and the minimum floor to ceiling height. A minimum floor to ceiling clearance of 

3.3 metres is required in accordance with DCP 54. The applicant has provided a 

minimum of 3.5 metres for each of the two new levels to maintain the same height as 

the existing lower levels. Given these two factors and their necessity to the building’s 

proper and orderly function, a variation of this magnitude is being sought. Although 

this is not a desired outcome, on balance, this is largely an existing building and the 

Page 335




site permits development up to eight storeys and to 27 metres high, the variation in this 

context is reasonable and worthy of support. 



in that it will provide additional commercial floor space to the existing building. A 

Contribution is to be paid in lieu of providing 25 car parking spaces for the 

commercial of the development. The proposed development attracts a contribution of 

$171,256.25 for car parking and monitoring research and administration. 

Notification 

The application was notified in accordance with Council’s Notification Policy (DCP 32). No 

submissions were received during this period. 

Conclusion 




of consent. 

The proposal represents a suitable development for the site and will provide additional 

commercial space in the Campsie Town Centre. The departures sought from DCP 54 - Town 

Centres are considered reasonable given the existing use of the building and the fact that the 

alterations and additions will not create any impacts on the adjoining properties. The proposal 

is considered to be a good design outcome for the site. 









• Fire Safety Schedule (existing and proposed) 





• Compliance with the Disability (Access to Premises-Buildings) 

Standard 2010. 

• Compliance with Condition 6.1 and 6.2 of this consent. 







Page 336





Long Service Levy Commission $19.80 




Inspection Fee $1,115.00 




1986. 






EFTPOS. 



payment. 










INSURANCE 








SITE SIGNAGE 








DEMOLITION 





Page 337





































hours). 
















Page 338







GENERAL 



this Notice and the following condition: 

Drawing No. Dated Prepared by Received by Council on 

02-19 17 October 2011 IDraft Building Designs 31 October 2011 



05-20 25 June 2012 IDraft Building Designs 27 July 2012 






11-20 25 June 2012 IDraft Building Designs 27 July 2012 





6.1. The outdoor terraces along the western elevation are to be provided with a 

minimum of 1.6m high privacy screening from the finished floor level of each 

terrace in the form of fixed obscure glazing or the like to mitigate potential 

overlooking into the western adjoining residential properties. This must be 

shown on the construction certificate plans prior to the issue of the construction 

certificate. 

6.2. The fifth floor must be setback a minimum of 5 metres from the front 

boundary. The fire isolated stairwell at the south-eastern corner of the building 

on the fifth floor can be retained in its current location. This amendment must 

be shown on the construction certificate plans prior to the issue of the 

construction certificate. 


balustrades, fences, windows and doors being in accordance with the schedule of 

finishes shown on the approved plans as received on 27 July 2012. The approved 

design (including an element or detail of that design) or materials, finish or colours of 

the building must not be changed so as to affect the external appearance of the 

building without the approval of Council. 










11. All building construction work must comply with the National Construction Code. 

Page 339


















performance requirements of the Building Code of Australia Volume One. 

18. Install portable fire extinguishers selected, located and distributed to BCA Clause 

E1.6/Table E1.6 and AS 2444. This item is an essential fire or other safety measure. 

19. Emergency lighting complying with AS/NZS 2293.1 being installed throughout the 

building where required under BCA Clause E4.2. This item is an essential fire or 

other safety measure. 

20. Exit signs being provided in accordance with BCA Clause E4.5. This item is an 

essential fire or other safety measure. 

21. Install sprinklers to the carpark containing 40 or more car spaces to BCA Clause 

E1.5/AS 2118. The sprinkler system must be capable, upon operation, of activating a 

warning system to Clause 8, Specification C1.5/relevant provisions of AS 1670.1, as 

well as activating any smoke hazard management system to Clause 9, Specification 

E1.5. A sprinkler system serving a carpark must be separate from a system serving the 

rest of the building to Clauses 3/11 of Specification E1.5. Sprinklered/non sprinklered 

portions of a building must be separated to Clause 3, Spec C1.5/AS 2118. Sprinkler 

valve enclosures must be protected from tampering to Clause 6, Specification E1.5/AS 

2118. This item is an essential fire or other safety measure. A hydraulic design 

certificate (SC1100b) is attached. 

22. Incorporate a system of smoke hazard management into the building in accordance 

with BCA Table E2.2. This is an essential fire or other safety measure. 

23. The rear fire isolated stairwells are to be constructed as shown on drawings 03-19,04- 

19 and 05-19 prepared by IDRAFT Building Designs except the doors be recessed so 

when fully open do not encroach onto Rudd Parade 









• Car Parking $160,298.35 716 

• Research Levy - Car Parking - Campsie $10957.90 717 

Page 340











25. Sixty-seven (67) off-street car spaces being provided in accordance with DA-5887/92. 

26. A separate Development Application is required for the use of the new commercial 

space. 


pouring of concrete at L3, L4 & L5 (third, fourth and fifth) floor slab level indicating 

the finished floor level to a referenced benchmark. These levels must relate to the 

levels indicated on the approved architectural plans and/or the hydraulic details. 

28. All bathroom windows contain translucent glazing. 

ENGINEERING 













will ensure that the site is monitored at all times. 

33. All access points to the building (this would include lifts and stairwells) be well-lit and 

restricted to residents only through a security system. 

34. All fire safety exits should be fitted with a one way opening door to reduce access 

from outside of the premises. 








20 92. 


36. Class 5, 6, 7, 8 or 9 Buildings 





Page 341














39. This application has been assessed in accordance with the National Code of Australia. 




• Glazing 




• Survey 


advance. 











199. 















Page 342






1. Amend condition 1.1 with the additional dot point as follows: 

• Schedule of external finishes 

Page 343


18 165-171 MILTON STREET, ASHBURY: MODIFICATION OF 

CONSENT FOR PERMANENT USE OF A TEMPORARY CALL 

CENTRE WITHIN A TYRE WAREHOUSE 



WARD: EAST 

D/A No: DA-170/2007/D 

Applicant: 

Owner: 

Tyres4U 

Pamlite Pty Ltd 

Zoning: Light Industrial 4(a) under Canterbury Local Environmental Plan 

138 – Canterbury Precinct 

Application Date: 29 June 2012 

Summary: 

• The existing tyre warehouse and office complex has approval to operate from 7.30am 

to 5.30pm Monday to Friday. This consent was modified to permit a 12 month trial 

period to include the call centre component to operate between 5.30pm and 7.30am 

seven days a week with a maximum of two employees. 

• The applicant seeks approval to continue operating the call centre between 5.30pm and 

7.30am on a permanent basis. Our records show that no complaints or incidents have 

taken place during the previous 12 month period. 

• The modification proposed by the applicant was notified in accordance with the 

requirements of our Notification Policy. One submission and a petition signed by a 

total of 23 people from 20 households was received. The objections raised include 

noise concerns, parking, breaches of consent and permissibility. 

• The applicant had previously submitted an acoustic engineers report in support of DA- 

170/2007/A which related to a 24 hour call centre operation at the site. The acoustic 

report was also used in the trial approval granted for DA-170/2007/C for this call 

centre. As this proposal does not alter how the call centre operates as outlined in the 

acoustic report and the fact that no complaints have been recorded during this period, 

our reliance on this report for this application is acceptable. 


conditions. 


approved in accordance with the Director City Planning’s recommendation. 




Page 344


165-171 MILTON STREET, ASHBURY: MODIFICATION OF CONSENT FOR PERMANENT USE OF A 

TEMPORARY CALL CENTRE WITHIN A TYRE WAREHOUSE (CONT.) 

Report: 

Background 

On 4 September 1987 Council’s Development Control Unit approved Development 

Application (DA) 3334 for a tyre warehouse and office complex. Condition 6 of the 

Development Consent read: 

“6. The hours of operation being confined to between 7.30 a.m. and 5.30 p.m. Mondays to 

Fridays with no work being carried out on weekends or public holidays.” 

On 9 March 2006, the City Development Committee approved DA-1291/2005 for internal 

alterations to the warehouse and to increase the staff numbers to a maximum of seventy two 

staff at any one time. This consent did not permit the subject call centre. 

On 18 July 2007 our Development Assessment Panel approved DA-170/2007 to permit the 

call centre, which modified Condition 6 of Development Consent 3334 to read: 


Fridays with no work being carried out on weekends or public holidays. The call 

centre located in the site office is permitted to operate between the hours of 5.30pm 

and 8.00pm Mondays to Friday. During the period of 5.30pm and 8.00pm, Monday to 

Friday, only one employee is to work in the call centre. The main gate of the premises 

is to remain locked between the hours of 5.30pm and 7.30am.” 

On 9 September 2010 Council considered a report for a Section 96 modification (DA 

170/2007/A) to enable two staff members to operate a call centre from the premises between 

5.30pm and 7.30am seven days a week. Council resolved to approve the application subject 

to the following conditions: 


Fridays with no work being carried out on weekends or public holidays. 

6.1 Notwithstanding condition 6, for a period of 12 months from the date of 

development consent, two employees are permitted to operate a call centre 

located within the building between the hours of 5.30pm and 7.30am seven 

days a week, subject to the following conditions: 

(a) the main gate of the premises is to be locked between the hours of 

6.00pm and 7.30am 

(b) the vehicles for the two employees working on the premises are to be 

parked on the site. 

(c) no deliveries of any sort are to be made to the premises, or for the 

business, between the hours of 5.30pm to 7.30am 

(d) all external lighting to be automatically switched off by 10pm (Eastern 

Standard Time including Daylight Savings changes). Automatic timer 

system to be installed within 21 days from the date of development 

consent, and written certification provided by an appropriately qualified 

person to Council within 21 days from the automatic timing system 

being installed. 

6.2 If at the end of the 12 month period referred to in 6.1 a further development 

application has not been approved to extend the 12 month period, or to make 

this condition permanent, then this condition ceases to have effect and 

condition 6 (as modified in July 2007) becomes operative. 

Page 345




6.3 All office curtains/blinds are to be drawn between the hours of 6.00pm and 

6.00am. 

6.4 The lighting within the basement car park is to be controlled via a motion 

sensor at night time and illumination on a continuous basis is not permitted.” 

On 24 May 2011 a Section 96 modification (DA-120/2007/B) was lodged with Council that 

sought to modify the development consent to, amongst other matters, permit 24 hour 

operation of the call centre. Following concerns raised by planning staff that the application 

cannot be supported after initial assessment of the application, the applicant chose to 

withdraw this application on 20 September 2011. 

On 28 September 2011, our Development Assessment Panel approved DA-170/2007/C which 

modified the development consent to allow a call centre to operate between the hours of 

5.30pm and 7.30am seven days a week for a further 12 month trial period. The call centre 

would continue to be staffed by a maximum of two employees. 

Site Details 

The subject site is located on the western side of Milton Street, between Trevenar Street and 

Whitfield Avenue. The site is adjoined to the north by another industrial/commercial 

building, to the west by a recreational area and to the south and east by residential 

development. 

Proposal 

Council has received an application under Section 96 (1A) of the Environmental Planning and 

Assessment Act, 1979 to modify the development consent to allow the call centre to operate 

between the hours of 5.30pm and 7.30am seven days a week on a permanent basis. The call 

centre would continue to be staffed by a maximum of two employees. 

Assessment of Section 96(1A) Application 

Section 96(1A) of the Environmental Planning and Assessment Act, 1979 allows Council to 

modify development consent if: 

Page 346




a) it is satisfied that the proposed modification is of minimal environmental impact, 

The proposed modification is considered to be of minor environmental impact for the 

following reasons: 

• The proposed modification will only apply to the call centre which is located in the 

site’s office. 

• The modification will involve a maximum of two employees working at the call 

centre. 

• Noise generated from the call centre is not expected to have any adverse impacts 

on adjoining development. 

• As there are only two employees working at the site after 5.30pm, vehicle 

movements will be minimal and are unlikely to create any noticeable impacts on 

local traffic. 

• There is adequate onsite parking to allow for the two employees working in the 

call centre after 5.30pm to park their vehicles on the subject site. 

b) it is satisfied that the development to which the consent as modified relates is 

substantially the same development, 

The proposed modification relates only to the extension of hours and staffing levels and 

is therefore substantially the same development as approved under Development 

Application 3334. 

c) it has notified the Section 96 application (if required under Council’s DCP 32 – 

Notification Policy) and has considered any submissions concerning the proposed 

modification, 

The proposed modification was notified in accordance with Council’s Notification 

Policy (DCP 32). During this notification period one objection and a petition signed by 

a total of 23 people from 20 households was received. The issues raised in the 

submissions are discussed in a later section of this report. 


In determining an application for modification of the development consent, Council must also 

take into consideration relevant matters referred to in Section 79C (1). In this regard, the 



• Canterbury Local Environmental Plan 138 – Canterbury Precinct 


• Development Control Plan 21 – Industrial Development Code (DCP 21) 

Assessment 



Page 347




• Local Environmental Plan 138 – Canterbury Precinct 

The subject site is zoned Light Industrial 4(a) under the Canterbury Local 

Environmental Plan 138 - Canterbury Precinct. The proposed modification relates to 

the permanent approval of the operating hours and staffing levels for the ancillary call 

centre to support the light industrial uses at the site, which is permissible in the zone 

with the consent of Council. 

The objectives of the Light Industrial 4(a) zone is to achieve: 

“(a) A range of light industries which expand the local employment base and 

do not detrimentally affect the amenity of residential areas; and 

(b) Suitable uses which support industrial development.” 

The proposed development satisfies the objectives of the zone, as it is considered to 

support the existing industrial development, is unlikely to detrimentally impact on the 

amenity of nearby residences and will also contribute to employment and local 

economic growth. 



instrument to consider under Section 79C(a)(ii) of the EPAA. Under the draft LEP the 

proposed modification is permissible as the site will be zoned Light Industrial (IN2). 

The draft LEP has not yet been gazetted and no determinative weighting can be 

afforded to its provisions in respect to this application. 

• Development Control Plan 21 - Industrial Development Code (DCP 21) 

The development has been assessed against the provisions contained in DCP 21 - 

Industrial Development Code. The following comments are provided in relation to 

relevant clause found in DCP 21. 

Hours of Operation 

Clause 13.2 (2) of DCP 21 stipulates that: 

“Where Industrial development is near residential property operating hours 

will generally be restricted between 7:30am and 5:30pm Monday to Friday 

and 7:30am and 1:00pm Saturday. 

Proposals to operate outside the hours of DCP 21 will be considered on 

their merits and may be required to be supported by an Acoustic Engineers 

report.” 

The applicant previously submitted an acoustic engineers report, prepared by Koikas 

Acoustics Pty Ltd (dated 23 March 2010) in support of DA-170/2007/A which related 

to a 24 hour call centre operation at the site. The acoustic report was also used in the 

trial approval granted for DA-170/2007/C for this call centre. Given that the scope of 

this application has not changed, it is considered acceptable to rely on the acoustic 

report previously submitted in relation to this call centre operation. Further our records 

show that over the previous 12 month trial period, there have been no incidents or 

complaints relating to the operation of the call centre between the hours of 5.30pm and 

7.30am. 

Page 348




The findings of this study identified that: 

“The proposed increase in hours of operation of the call centre within the 

office area of Tyres 4U warehouse facility will comply with the noise 

criterion. No special acoustic attenuation measures will be required or 

necessary.” 

The application was reviewed by our Environmental Health Officer who raised no 

objection to the permanent approval of the call centre operations. According to our 

records there have been no specific breaches observed in relation to call centre 

operations at the site over the last 12 months. 

In this regard, our Environmental Health Officer has recommended that the proposal to 

permanently continue the use of the call centre at the site between 5:30pm and 7:30am, 

seven days a week, involving two staff members be approved subject to the retaining 

conditions 6.1(a) - (d) to ensure that the impact on adjoining properties is mitigated. 

Notification 

As previously outlined, the Section 96 application was notified in accordance with DCP 32. 

One submission and a petition signed by 23 people from 20 households was received in 

relation to the subject application during the notification period. The submission has raised the 

same issues that were raised with the previous Section 96 Modification. These are addressed 

below: 

• Amenity impacts 

Concern has been raised in relation to the proposed development creating amenity 

impacts on the surrounding residential area. Specific concern was raised in relation to 

noise impacts on surrounding residences associated with trucks idling outside the 

premises in the early hours of the morning and trucks obstructing vehicular access to 

the driveways of nearby residences. 

Comment 

An acoustic report addressing the noise impacts of the proposed development was 

previously submitted in relation to this use. The findings of this report indicated that 

the impact of two persons working in the call centre outside of standard operating 

hours will have minimal impacts on nearby residences. 

In regard to the truck movements, the proposal relates only to the operation of a call 

centre and does not involve any vehicle movements to and from the site by trucks. As 

such the proposed use should not generate any noise, light spill or traffic issues 

associated with truck movements to and from the site. It’s is noted that these issues 

have been previously investigated by our Compliance Team and will be continued to 

be monitored to ensure that the existing premise operates in accordance with their 

existing consent. 

• Breaches of consent 

Concern has been raised in relation to the breaches to the existing consent. 

Page 349




Comment 

Since the commencement of the call centre operations at the site Council has 

investigated three instances of non-compliance which included the following; 

• 20 October 2010 - Complaint received regarding trucks entering Tyres 4U in the 

early morning. Tyres 4U management were notified and confirmed this matter 

would be addressed. 

• 24 May 2011 - Tyres 4U notified regarding further alleged breaches of consent. 

• 15 June 2011 - After hours inspection of site carried out. Business compliant 

except for blinds not being drawn as per conditions of consent. Tyres 4U were 

notified. A condition of consent was imposed requiring that the blinds be drawn 

to minimise light spillage onto adjoining properties. 

It appears that there has been no specific breaches in relation to the call centre at this 

site over the last 12 months. 

We acknowledge that we have previously received concerns regarding Tyres 4 U 

operations and these matters have been investigated and brought to the attention of 

Tyres 4 U who have addressed these concerns. The issue of breaches of consent will 

be continued to be monitored by our Compliance Team. 

• Noise associated with employees leaving site 

Concern was raised in relation to call centre staff generating noise impacts when 

leaving the premises. 

Comment 

The proposal is for only two employees to operate the call centre therefore, a change 

of staff at any time of the day is unlikely to generate any significant noise impact. 

• Parking 

Concern has been raised in relation to staff parking their vehicles in Milton Street, 

rather than on the site of the call centre and the implications this has on vehicular 

access to nearby residences. 

Comment 

The proposed development relates only to the operation of a call centre, to be operated 

by two staff with on site parking being provided for the staff (see condition 6.1(b)). 

As such, the proposal is unlikely to rely on any on street parking along Milton Street. 

• Litter 

Litter on Milton Street has increased over the last few years. 

Comment 

This application relates only to the permanent operation of the call centre hours of 

operation and these operations are not expected to generate any litter that will impact 

on adjoining residential development. 

Page 350




• Permissibility 

Concern has been raised regarding the permissibility of the development and the 

appropriateness of the proposed call centre operations at the site in a ‘residential’ zone. 

Comment 

The site is zoned Light Industrial 4(a) under Canterbury Local Environmental Plan 

No.138 (Canterbury Precinct) and Light Industrial (IN2) under Draft CLEP 2012. The 

use of the site for a call centre is permissible within the zone with consent. It is noted 

that the site is located adjacent to a residential zone, however based on the acoustic 

report submitted and the previous operation of the call centre over the last 12 months, 

the proposed development is unlikely to generate amenity impacts on surrounding 

residential development. 


• Impacts of the development on the natural and built environment and social and 

economic impacts on the locality 

The impact of the development upon adjoining development and the locality were 

considered as part of the original development and subsequent Section 96 

modifications. The last 12 month trial period did not result in complaints being 

received and it is considered that the modification is unlikely to result in any 

detrimental impacts on the surrounding environment or locality. 

• Suitability of the site for the development 

The zoning of the site permits the proposed development. The modification involves 

changes to the operating hours of the site. In this regard, it is considered that the 

development is suitable for the site. 

• Public interest 

The application was notified in accordance with DCP 32. In light of the findings of 

the acoustic report prepared by Koikas Acoustics Pty Ltd (dated 23 March 2010) and 

the recommendations from our Environmental Health Officers, it is considered that 

supporting the modification would be in the public interest given that the modification 

is unlikely to generate any additional amenity impacts on surrounding residential and 

light industrial activities. 

Having regard to the matters discussed above, the proposed modification is considered to be 

satisfactory and worthy of support. 

Conclusion 

The proposed modification is substantially the same development that was originally 

considered and approved by Council. The proposed modification is considered acceptable 

having regard to the provision of Sections 79C and 96 of the Environmental Planning and 

Assessment Act, 1979. In light of the operations of the call centre over the previous 12 month 

and in light of the advice received from Council’s Environmental Health Officer in relation to 

the proposed development, approval of the application under Section 96 on a permanent basis 

is recommended. 

Page 351





THAT Development Application DA-170/2007/D be APPROVED by modifying condition 6 

of Development Consent 3334 as follows: 

6. The hours of operation being confined to between 7.30am and 5.30pm. Mondays to 

Fridays with no work being carried out in weekends or public holidays. 

6.1. Notwithstanding Condition 6, two employees are permitted to operate a call 

centre located within the building between the hours of 5.30pm and 7.30am 

seven days a week, subject to the following conditions: 

(a) the main gate of the premises is to be locked between the hours of 

6.00pm and 7.30am. 

(b) the vehicles for the two employees working on the premises are to be 

parked on the site. 

(c) no deliveries of any sort are to be made to the premises, or for the 

business, between the hours of 5.30pm to 7.30am 

(d) all external lighting to be automatically switched off by 10pm (Eastern 

Standard Time including Daylight Savings changes). Automatic timer 

system to be installed within 21 days from the date of development 

consent, and written certification provided by an appropriately qualified 

person to Council within 21 days from the automatic timing system 

being installed. 

Deletion of 6.2 

6.3 All office curtains/blinds are to be drawn between the hours of 6.00pm and 

6.00am. 

6.4 The lighting within the basement car park is to be controlled via a motion 

sensor at night time and illumination on a continuous basis is not permitted. 






a. Apply for a review of a determination under Section 82A of the Environmental 


6 months of the date of receipt of this Notice of Determination; or 

b. Appeal to the Land and Environment Court within 6 months after the date on 






THAT Development Application DA-170/2007/D be APPROVED in accordance 

with the recommendation of the Director City Planning. 

Page 352


19 93-97 BONDS ROAD, PUNCHBOWL: DEMOLITION, 

CONSTRUCTION AND STRATA SUBDIVISION OF 20 

INDUSTRIAL UNITS 



WARD: WEST 

D/A No: DA-11/ 2011 

Applicant: 

Owner: 

Mr. Frank Giunta 

As above 

Zoning: General Industrial 4(a) under the Canterbury Planning Scheme 

Ordinance 

Application Date: 11 January 2012, Additional information received on 21 April 

2011, 15 July 2011, 22 January 2012 and 16 July 2012 

Summary: 

• The proposal relates to the demolition of all structures on the site and the construction 

and strata subdivision of an industrial unit complex comprising of 20 units and parking 

for 73 vehicles. 

• The subject site is zoned General Industrial 4(a) under Canterbury Planning Scheme 

Ordinance the proposed development is permissible in the zone with the consent of 


• The application was notified in accordance with the requirements of our Notification 

Policy (DCP 32). No submissions were received. 

• The application has been assessed against the relevant provisions of SEPP 

Infrastructure, the Canterbury Planning Scheme Ordinance, Draft LEP 2012 and other 

relevant codes and policies. The proposed development satisfies the relevant planning 

instruments codes and policies. 


conditions. 



amendments. 




Page 353


93-97 BONDS ROAD, PUNCHBOWL: DEMOLITION, CONSTRUCTION AND STRATA SUBDIVISION OF 20 

INDUSTRIAL UNITS (CONT.) 

Report: 

Site Details 

The subject site is located on the western side of Bonds Road, Punchbowl adjacent to the 

main intersection with Martin Street. The subject site has an east west orientation, is 

rectangular in shape and has a total site area is 10,117.5 m². The site has a gradual fall to the 

northern boundary of the site. 

The site is currently occupied by an existing industrial unit which is accessed from Bonds 

Road. The site adjoins residential development to the north and east while industrial 

development is located to the south and west of the subject site. 

Proposal 

The application is seeking consent to demolish all existing structures and to construct an 

industrial unit complex comprising 20 industrial units. The industrial tenancies vary in size 

however all units will comprise loading facilities, amenities and ancillary office space which 

will be provided at mezzanine level. The buildings will have a gross floor area of 5672.1m². 






• Canterbury Planning Scheme Ordinance (CPSO) 


• Draft Local Environmental Plan 2012 

• Development Control Plan 9 - Non Residential Buildings Adjoining Residential 

Zones (DCP 9) 


Page 354






(DCP 29) 



• Stormwater Management Manual- Specification 9 

Assessment 



• Statutory Position - Permissibility 

The site is zoned General Industrial 4(a) under the provisions of the Canterbury 

Planning Scheme Ordinance. The proposed development is permissible within this 

zone with the consent of Council. 

• State Environmental Planning Policy (Infrastructure) 2007 (SEPP 2007) 

The application was referred to the Roads and Maritime Services (RMS). No 

objections were raised and no conditions were recommended. 

• Draft Local Environmental Plan 2012 (Draft LEP 2012) 

On 26 July 2012, Draft LEP 2012 was adopted by Council and is an instrument to 

consider under Section 79C(1)(a)(ii) of the EPAA. The broad controls applicable to 

this application are: 


Zoning IN 1 General Industrial The proposed development is permissible in 

the zone with the consent of Council. 

Yes 

Floor Space 

Ratio: 

1: 1 0.57:1 Yes 



• Development Control Plan 9 - Non Residential Buildings Adjoining Residential 

Zones (DCP 9) 

The purpose of this plan is to minimise the impact that non-residential activities could 

have on adjoining residentially zoned sites, by preserving privacy, solar access and the 

general amenity. The proposal has been considered against the relevant controls of 

DCP 9 below: 

Standard Required Proposal Complies 

Building Building height plane, which is projected off The proposed 

Yes 

Height Plane the site at a 45º angle extending from 1.8m modification complies 

above natural ground level at the boundary of with the building height 

the adjoining residential property 

plane controls. 

Page 355




Solar Access: 

Shadow diagrams have been submitted with this application which illustrates the 

shadow impacts from the proposed development. These diagrams demonstrate that the 

solar access of the adjoining residential development will not be affected by the 

proposed industrial development. This issue has also been addressed against the 

requirements of Development Control Plan 37 – Energy Smart Homes Code below. 

• Development Control Plan 20– Car Parking (DCP 20) 

The proposed development has been assessed against the relevant provisions of 

Council’s Development Control Plan 20 – Car Parking Code. Development Control 

Plan 20 aims to ensure that development is provided with adequate off-street car 

parking for occupants and visitors by providing guidance on the parking requirements 

and design criteria. 


Light Industry = 1 Unit 1 and 20 = 7 spaces per unit 

73 spaces Yes 

space per 100m² Unit 2 and 19 = 6 spaces per unit 

Unit 3 and 18 = 4 spaces per unit 

Office = 1 space Unit 4 and 17 = 4 spaces per unit 

per 40m² Unit 5 and 16 = 2 spaces per unit 



Unit 8 = 3 spaces 



Unit 11 = 3 spaces 


Unit13 = 2 spaces 

Total off street parking required: 73 

Access and 

Driveway Widths 

6m-9m min for combined driveway 6.4m Yes 

Loading/ Avoid standing or blocking a public Internal loading/unloading Yes 

Unloading road, laneway or service road; facilities provided for each unit 

Facilities 

and the manoeuvring areas on site 

are satisfactory and meet the 

required Australian standards. 

Min Service bay dimensions to be in 

accordance with types of vehicles 

likely to service the site 

Yes 

Parking Spaces Dimension 2.4m x 5.4m min. 2.5m x 5.4m Yes 


The development compares to the provisions contained within DCP 21 as follows: 


Site Frontage Minimum 23 metres 73.156 metres Yes 

Site Coverage Maximum allowable site 

coverage is 66% 

50% Yes 

Page 356





Building Min 10 metres allows for a 15.9m - 16.7m Yes 

Setback reduction to 5 metre for 

setback as long as the 5 metres 

is fully landscaped 

Landscaping 10% of site area being 1070.9m² or 10.6% of the Yes 

provided as landscaped area in developed site area is provided in 

front alignment area of the site the front setback area of the site. 

A minimum 3 metre wide 15.9m- 16.7m deep landscape Yes 

landscape strip is to be 

provided across the property 

frontage 

strip along the front boundary 

Car Parking Refer to the assessment Refer to the assessment provided Yes 

provided against the provisions against the provisions contained 

contained in DCP 20 

in DCP 20 

Loading / Refer to the assessment Adequate delivery vehicular Yes 

Unloading provided against the provisions 

contained in DCP 20 

access and on-site loading area 

Air, water, noise Hours of operation restricted No use is proposed as part of this Yes 

pollution to between 7.30am – 5.30pm 

Monday to Friday and 7.30am 

and 1.00pm on Saturdays 

development application. 

Waste Storage The location of waste Waste containers are proposed to Yes 

and Disposal containers are to be screened be placed away from public view. 

from public view 

The location and size will be 

indicated as part of any future 

application for use. 

As demonstrated in the above table, the proposed development satisfies the 




The proposed development compares to Council DCP 29 as follows: 


Natural Avoid blind corners. Provide Clear entry areas and communal Yes 

Surveillance natural surveillance for areas with surveillance from 

public/communal areas. Clearly adjacent units. All communal 

visible entries. Entrances, exits, areas are expected to be 

service areas car parks, should 

be well lit. 

adequately lit. 

Access Prevent unintended access. Use Entry to site after hours will be Yes 

Control security hardware. 

limited by security gates to ensure 

safety and prevent unintended 

access. Conditions have also been 

imposed to prevent unauthorised 

access to the outdoor accessible 

toilet. 

Page 357





Ownership Create a 'cared for' image. Use The proposal involves the use of Yes 

materials which reduce durable material which will 

opportunity for vandalism. reduce the opportunity for 

Express a sense of ownership 

and reduce illegitimate 

use/entry. 

vandalism. 

Additional Crime Prevention Through Environmental Design Principles for Industrial Development 

Natural Lighting to enable natural A CPTD plan was provided to Yes 


Council. This plan provides 

details of lighting to be provided. 

Allow for natural surveillance Ground floor glazing is proposed Yes 

and suitable streetscape to be included in each industrial 

appearance 

unit. In addition to this security 

fencing is proposed to be erected 

around the perimeter of the 

subject site 

Provide entries that are clearly Entry to complex clearly visible Yes 

visible from the street 

from Bonds Road while the entry 

to each individual unit is visible 

from the proposed internal 

circulation area and other internal 

units. 

Access Use building materials which All individual units are proposed Yes 

Control reduce the opportunity for to be provided with reinforced 

intruder access. 

concrete, laminated glass and 

metal roller doors. 

Provide adequate security to No hours of operation have been Yes 

buildings with extended hours of proposed as part of this 

operation. 

application. 

Ownership Communal areas designed to Landscaped open space accessible Yes 

provide sense of ownership. by all occupants. 

The proposed development is generally consistent with the provisions of DCP 29. 



immediately adjoining residential properties by ensuring they receive 2 hours sunlight 

between 9am and 3pm on June 21 for private open space, north facing windows and 

clothes lines. Shadow diagrams submitted with this application illustrate the shadow 

impacts affecting the adjoining industrial development. The proposal will not result in 

any shadow impacts on the adjoining residential properties, and in this regard is 

consistent with the provisions of DCP 37. 

• Development Control Plan 45 – Landscaping (DCP45) 

The application was reviewed by Council’s Landscape Architect. Concerns were 

raised initially with regard to the retention and protection of trees along the northern 

boundary of the subject site. Following the receipt of additional information our 

Landscape Architect has advised that the proposal is supported subject to conditions 

regarding landscaping and tree protection being recommended should the application 

be approved. 

Page 358




• Development Control Plan No. 48 – Waste Management (DCP 48) 

Details have been provided as part of the application with regard to waste management 

during the construction and use of the proposed development. 

During the demolition and construction phase details have been provided regarding the 

management and recycling of waste generated as part of the construction phase. 

The development application proposes the construction of 20 industrial units, however 

no uses are proposed as part of this application. The applicant has demonstrated that a 

large rigid vehicle can manoeuvre through the subject site and waste contractors will 

be able to collect waste for the site. A condition has been included regarding the 

operation of Council waste contractors at the subject site. 

It is considered that waste management plans for each individual unit will be 

submitted as part of separate use applications for each unit. It is therefore considered 

that the requirements of DCP 48 – Waste Management have been satisfied. 



The proposal has been reviewed by our Development Engineer who has found the 

application to be satisfactory subject to appropriate conditions being included on any 

consent should the application be supported. 


• Demolition 

The development includes demolishing an existing building/ structure or part of, to 

accommodate the proposed development. The provisions of AS2601-1991 The 

Demolition of Structures have been considered as required by Clause 92 of the EPAR 

(Compliance Table to AS2601-1991 is attached on file). Standard conditions 

regarding demolition are included to the development consent. 

• Sediment and Erosion Control 

The submitted development plans show details of sediment and erosion control 

measures to be installed as part of the construction of the development. Standard 

conditions will be included regarding the installation and maintenance of the sediment 

and erosion control measures as part of the pre and during construction phase of the 

development. 

• Health, Safety and Amenity during Construction Phase 

During the construction of the development, the health and amenity of workers, the 

public and adjoining properties alike needs consideration under Section 79C of the 

EPAA. Accordingly, all works associated with the development will be restricted to 

daytime hours to ensure the works will not be a nuisance to adjoining occupiers and 

property owners (by way of standard condition). 

Page 359




Referrals 

• Traffic Committee 

The application was referred to our Team Leader of Traffic and Transportation. No 

objections were raised and conditions were recommended should the application be 

approved. 

• Building 

The application was reviewed by Council’s Building Officer. No objections were 

raised and conditions have been recommended should the application be supported. 

Notifications 

The application was notified in accordance with Council’s Notification Policy (DCP 32) and 

no submissions were received. 

Conclusion 

This application has been assessed pursuant to the provisions of Section 79C of the 

Environmental Planning and Assessment Act 1979 and all relevant development control 

plans, codes and policies. Having regard to the applications assessment against the relevant 

Environmental Planning Instruments, Development Control Plans, Codes and policies it is 

considered that the development can be adequately accommodated at the site without giving 

rise to amenity impacts on surrounding development. In this regard it is recommended that the 

proposed development be approved subject to conditions. 


THAT Development Application DA-11/2012 be APPROVED subject to the following 

conditions: 




1.1. A plan is to be provided to which shows a 6 metre minimum kerbside space 

between the proposed vehicle crossings at 93- 97 Bonds Road and the crossings 

to the adjacent properties at 91 and 99 Bonds Road. Should the 6 metre 

minimum kerbside space not be achievable the crossing are to be combined to 

prevent illegal parking. Alternatively the crossing is to be connected to prevent 

illegal parking in a small space. 













Page 360




• Compliance with the Disability (Access to the premises- Building) – 

Standards 2012 

• Compliance with Condition 35.1 of this consent 






Long Service Levy $ 15,380.20 

1.5. If you appoint Council as your Principal Certifying Authority, the following fees 

are payable: 















2.3. 

SITE SIGNAGE 

you must give the Council at least 2 days notice of your intention to commence 




3.1. The name, address and telephone number(s) of the principal certifying authority 

for the work, and 



3.3. 

GENERAL 

That unauthorised entry to the work site is prohibited. 


details as follows: 

Drawing Title Drawing No Date Received By 

Council on 

Site Plan 1001-DA-01 issue B May 2010 15 July 2012 

Ground Floor Plan 1001-DA-01 issue G May 2010 29 August 2012 

Mezzanine Floor Plan 1001-DA-03 issue C May 2010 29 August 2012 

Elevations& Sections 1001-DA-04 issue B May 2010 15 July 2011 

Front Facade - - 15 July 2012 

Crime Prevention 

Strategy Diagram 

1001-CPS issue A July 2011 15 July 2011 

5. Finishes and materials including the treatment of external walls, roofing, windows and 

doors being in accordance with schedule of external finishes as received by Council on 

Page 361




11 January 2011. The approved design (including an element or detail of that design) or 

materials, finish or colours of the building must not be changed so as to affect the 

external appearance of the building without the approval of Council. 

6. Seventy three (73) off-street parking spaces being provided in accordance with the 

submitted plans to the satisfaction of the Principal Certifying Authority. Such spaces to 

be sealed, linemarked and made freely available at all times during business hours for 

staff and customers. 

7. The off street parking space allocation is to be in the following manner: 

Unit No. No. of off street parking 

spaces to be provided per unit 

Unit 1 7 spaces 










Unit 11 3 spaces 










8. Off-street parking, access, and loading/unloading facilities associated with the proposed 

development is to be designed in accordance with AS2890.1-2004 and AS2890.2-2002. 


the carpark area. 


residences. 

11. All roller doors shall be designed, constructed and maintained for quiet operation so as 

not to impact on the amenity of adjoining residences. 

12. The entry gate and front fence must be of a transparent material to allow views into and 

out of the site to avoid vehicular conflict at the entry/exit area. 

13. Access to the complex is to be within the approved hours of operation for each unit. 

Access to the site is to be restricted outside of these hours. 

14. The finishes of all structures and buildings are to be maintained at all times, with any 

graffiti or vandalism immediately removed/repaired. 



16. Suitable access control is to be installed on the outdoor accessible toilet so as to prevent 

untended access. 

Page 362




17. An arrangement must be made with Council’s Waste Services Contracts Coordinator 

regarding waste collection from the site if Council’s contractors are to collect any waste 

from the industrial units. This may involve the provision of indemnification against 

damage to allow for garbage collection from within the complex. 

18. The specific use of each industrial unit being the subject of a separate development 

application to Council. 



20. All building operations for the erection or alteration of new buildings must be restricted 

to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no 

mechanical building equipment can be used after 12.00 noon. No work is allowed on 

Sundays or Public Holidays. 


prominent point on the building site, visible to both the street and site workers. The 

sign must be displayed throughout construction. 

22. All building construction work must comply with the National Construction Code 

including Part “J” of the NCC. 

LANDSCAPING 

23. Landscape works must be completed according to the approved Landscape Plans and 

Tree Assessment and Management Report, and with AUS-SPEC Specification 0257- 



24. The approved landscape-related plans and reports are listed as following: 

Drawing Title Prepared by Drawing No. Date Revision 

Landscape Plan Designer Scapes 

Landscape Design 

LP1001 26 Apr 12 C 

Site Plan Plan Spec Building 

Designers 

1001-DA-01 May 10 G 

Driveway Partial PelEng Consulting S0101 20 Apr 12 C 

Formwork Plan Engineers 

Tree Assessment and Growing My Way 

July 12 

Management Report 

Tree Services 

25. The existing street tree, Podocarpus falcatus (common name: Yellowwood), growing in 

front of the development site adjacent to the roundabout on Bonds Road, must be 

retained and protected during construction. A tree protection zone (TPZ) of 2.5m radius 

from the centre of tree trunk must be observed. Minimum 1.8 meters high chain mesh 

fencing (with standard 50mm pitch on 2400mm star pickets driven 600mm into the 

ground) must be erected within the natural verge around the perimeter of the TPZ (with 

no obstacles onto the footpath), prior to the commencement of any site works. A 

600mm x 450mm prohibition sign stating ‘TREE PROTECTION ZONE – KEEP OUT’ 

should be attached to the fencing. The fencing is to be well maintained during 

construction. No building material storage or machinery activities shall be allowed to 

encroach within this TPZ. 

If pruning of existing street tree(s) is required as the site works progress, individual 


be carried out prior to the approval is obtained. Another existing street tree, Podocarpus 

falcatus (common name: Yellowwood), adjacent to the site northern boundary, may be 

removed to accommodate the proposed development. 

Page 363




26. Two (2) Podocarpus falcatus (common name: Yellowwood), are to be provided on the 

nature strip adjoining the development site in accordance with the approved Landscape 

Plan. These trees must be provided in minimum 75litre container size. The planting of 

this tree is to be carried out upon the completion of construction by contractors in 

accordance with AUS-SPEC Specification 0257-Landscape – Roadways and Street 

Trees. This document is available for purchase from Council. 

27. Twenty (20) existing property trees, as listed in the Existing Tree Schedule on approved 

Landscape Plan must be retained and protected during construction. Tree Protection 

Zones (TPZs) and Structure Root Zones (SRZs) must be observed in accordance with 

the approved Tree Assessment and Management Report. 

28. Minimum 1.8 meters high chain mesh fencing (with standard 50mm pitch on 2400mm 

star pickets driven 600mm into the ground) must be erected around the perimeter of the 

SRZs, prior to the commencement of any site works. A 600mm x 450mm prohibition 

sign stating ‘TREE PROTECTION ZONE – KEEP OUT’ should be attached to the 

fencing. The fencing is to be well maintained during construction. No building material 

storage or machinery activities shall be allowed to encroach within this TPZ. 

29. If pruning of existing tree(s) is required as the site works progress, individual 


be carried out prior to the approval is obtained. 

30. Root Pruning: If excavations are required within TPZs, this excavation must be carried 

out by hand to expose any roots. Any roots under fifty (50) millimetres in diameter may 

be pruned cleanly with a sharp saw. If roots greater than fifty (50) millimetres in 

diameter are require to be removed, the Project Arborist must be contacted and 

consulted for recommendations prior to the pruning is carried out. Arborist’s 

supervision on site may be required. 

31. The Project Arborist is required to undertake at least four (4) site inspections during the 

construction phrase. The application shall submit the four (4) certifications from the 

Project Arborist to Council or other Principal Certifying Authority once each inspection 

is completed in order to verify that retained trees have been correctly retained and 

protected as per the Conditions of Consent and Arborist’s recommendations. The 

inspections are required at such times as follows: 

31.1. At completion of the installation of tree protection measures and before the 

commencement of demolition works 

31.2. At completion of the demolition works; 

31.3. At mid point of the construction phrase; 

31.4. At completion of the construction phrase. 

32. Permeable surfacing must be implemented within the Structural Root Zones (SRZs) of 

T8, T9, T10, T10A, T14, T15, T16, T17, T18, T19, T20, T21, T22, T23, T24, and T25, 

in accordance with the approved Tree Assessment and Management Report. The 

proposed pavement material and installation detail shall be approved by the Landscape 

Architect and Project Arborist prior to the issue of Construction Certificate. No surface 

compaction shall be undertaken within these areas. 



2003). The requirements for height, calliper and branch clearance for 75L street trees 

are as below table: 




75 litre 2.2 – 2.4 metres 40 – 45mm 1.4 metres 

Page 364




34. The maintenance period for all the approved landscape works in public reserve must be 

set for minimum 52 weeks, and minimum 36 weeks for the landscape works in 

development site. The Maintenance Schedules (for 36 and 52 weeks) must be provided 

prior to the issue of Construction Certificate, including, but not limited to: 

replacement strategy for failures in plant materials and built works, 

maintenance schedule for watering, weeding and fertilizing during the establishment 

period. 

ENGINEERING 

35. Stormwater being disposed of into the Sydney Water Corporation drainage system, 

subject to the Corporation’s approval. The Corporation’s written approval shall be 

submitted with the Construction Certificate application. 

35.1. Any approved Stormwater Plan is to indicate the repositioning of Stormwater Pit 

3 out of the proposed tree protection zone as indicated on Drawing No. 1001- 

DA-01 Issue F. 



and Canterbury City Council, if Council is not the PCA. The plans must be prepared by 

a practicing Civil Engineer and include levels reduced to Australian Height Datum 





completion of the works, the plan must clearly illustrated dimensions and details of all 

pervious and impervious areas, as well as, the site drainage and the OSD system where 

applicable. The plan shall be prepared by a registered surveyor or an engineer. The plan 

shall record all the relevant design levels and dimensions of the OSD system where 

applicable. 

38. Certification from an accredited engineer must be provided to certify that all works has 

been carried out in accordance with the approved plan(s), relevant codes and standards. 

39. Where OSD is provided; an appropriate instrument must be registered on the title of the 

property, concerning the presence and ongoing operation of the OSD system as 

specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 

9. 

40. A full width heavy duty vehicular crossing shall be provided at the vehicular entrance to 

the site, with a width in accordance with the requirements of Australian Standard AS 

2890.1-2004 Off Street carparking and AS 2890.2-2002 Parking Facilities – Off Street 

Commercial Vehicle Facilities . This work to be carried out by Council or an approved 









pavements, carparks, landscaping and stormwater drainage. Evidence must be provided 

that these levels have been adopted in the design. As a site inspection and survey by 

Council is required to obtain the necessary information, payment is required at least 14 

days prior to the levels being required. 

Page 365




43. A qualified practicing Civil Engineer shall design the pavements and certify that all 

driveways, parking and service areas have been constructed in accordance with the 

approved specifications. Design to be carried out in accordance with AUS-SPEC #1 

Specification D2-Pavement Design. Construction is to be carried out in accordance 

with appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245- 

Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete 

Base; C254-Segmental Paving; C255-Bituminous Microsurfacing. 

44. The proposed structure/s to be located clear of the existing easement for drainage. A 

certificate from a Registered Surveyor is to be submitted to Council verifying the 

location of the structure/s after footings have been poured, and before the construction 

of any walls. 

45. Special footings will be required where the proposed/existing structure is adjacent to an 

easement for drainage. The footings shall be taken down to the invert level of the 

existing drainage structure or to solid rock, which ever is the lesser. The footing depth 

may decrease by 500mm for every 1000mm increment in distance the footing is from 

the easement boundary. The special footings referred to above shall be designed by a 

practising Structural Engineer and shall be located clear of the easement. Details to be 

submitted prior to lodgement of the Construction Certificate. 

46. The applicant shall provide evidence that the proposed habitable floor area of the 

proposed building is 500mm above the 1 in 100 year flood level in accordance with 

Council’s Stormwater Management Manual - Specification 10, “Floodproofing Policy 

and Floodproofing Code”. 



made good by Council or an approved contractor, at the applicant’s cost. The work is to 

be carried out in accordance with Council’s “Specification for the Construction by 

Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & 

Gutter”. 

48. The reconstruction of the kerb and gutter along all areas of the site fronting Bonds Road 

is required. Work to be carried out by Council or an approved contractor, at the 





the site fronting Bonds Road is required. Work being carried out by Council or an 

approved contractor, at the applicant’s cost. The work is to be carried out in accordance 

with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle 









with the Co-ordinator, since building of water/sewer extensions can be time consuming 

and may impact on other services and building, driveway or landscape design. 

51. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior 

to occupation of the development/release of the final plan of subdivision. 

Page 366





Certifying Authority prior to the Construction Certificate being issued.The approved 

plans shall be submitted to the appropriate Sydney Water Quick Check agent or 

Customer Centre to determine whether the development will affect Sydney Water’s 

sewer and water mains, stormwater drains and/or easements, and if further requirements 

need to be met. Plans will be appropriately stamped. For Quick Check agent details 

please refer to the web site www.sydneywater.com.au, see Your Business, then 

Building & Developing, then Building & Renovating, or telephone 13 20 92. 

TRAFFIC COMMITTEE 

52. The vehicle entrance and exit at Bonds Road must be adequately signposted and one- 

way arrows are to be installed on site to ensure that vehicles travel in the correct 

direction. 

53. Access to the site is to be restricted to ensure that vehicles accessing the site are to be no 

larger than a heavy vehicle with a maximum length of 12.5 meters. 

SUBDIVISION 

54. The granting of service easements within the properties to the satisfaction of Council or 

Private Certifier. Costs associated with the preparation and registration of easements are 

to be borne by the developer. 

55. All easements required for the subdivision being shown on and registered in 

conjunction with the subdivision plan. 

56. The submission of one final subdivision and five copies. 

57. The satisfactory completion of all conditions of this development consent prior to the 

release of the final plan of subdivision. 

ADDITIONAL INSPECTIONS 


development consent, if not carrying out the work as an owner-builder, must notify the 

principal contractor for the building work of any critical stage inspections and 

other inspections that are to be carried out in respect of the building work, as 



hours. 











• Glazing 


• Termite Treatment 

• Hydraulics 

• Work as Executed 

• Survey 

• Schedule of Fire Safety Services 

Page 367




• NatHERS completion 

62. Any works to be carried out by Council at the applicant's cost need to be applied for in 

advance. 

63. Private contractors shall submit an application and pay an inspection fee to Council 

seven days prior to commencement of any works on the footpath or roadway. No work 

shall be carried out without Council approval. 

64. The applicant is to ensure that landscaping and hydraulic plans are co-ordinated. 

Hydraulic details such as pits, stormwater lines, detention tanks and retaining walls are 

to be shown on the Landscape Plan as these can effect layout of garden beds and 

plantings. 





materials and architectural features of the building. No variation to the approved design 

and external appearance of the building (including colour of materials) will be permitted 

without our approval. 



available from the Human Rights and Equal Opportunity Commission on 1800 021 199. 







determined within 6 months of the date of this Notice of Determination. 





The Independent Hearing and Assessment Panel considered the application on 2 October 2012, 

and their recommendation is provided below. 

THAT Development Application DA-11/2011 be APPROVED in accordance with the 

recommendation of the Director City Planning subject to amendments as follows: 

1. The inclusion of Demolition conditions 

2. Condition 12 be amended as follows: 

‘12a Both driveways are able to be secured at night with security gates.’ 


‘The plans shall be modified so that the ingress and egress from the site shall be 

at the point of the existing roundabout at Martin Street. If that design change is 

not achievable then the plans shall be modified so that ingress and egress to the 

site will be by left hand turn only from and to Bonds Road.’ 


Page 368




‘The plans shall be modified so that the front facades of Unit 20 and Unit 1 shall 

contain front doors addressing the street, display windows, footpaths leading to 

the building, lighting and where appropriate signage.’ 

5. All conditions from the new condition 23 and 24 be renumbered. 

Page 369


20 16-20 ST ALBANS ROAD, KINGSGROVE: ALTERATIONS, 

ADDITIONS AND RECONSTRUCTION OF NORTHERN 

PORTION OF INDUSTRIAL/WAREHOUSE BUILDING 



WARD: WEST 


Applicant: 

Owner: 

Clempton Holdings Pty Ltd 

Mr. Spiros Magiros – Clempton Holdings Pty Ltd 

Zoning: 4(b) Light Industrial – Canterbury Planning Scheme Ordinance 

Application Date: 24 February 2012 – Additional Information received 24 May 2012, 

29 June 2012, 3 July 2012, 5 July 2012, 30 July 2012, 23 August 

2012 and 29 August 2012. 

Summary: 

• The applicant is seeking approval to reconstruct the northern portion of the existing 

industrial/warehouse building with alterations and additions, at the southern part of the 

subject site. 

• The proposal to reconstruct the remaining northern part of the damaged building is 

permissible with Council consent within the Light Industrial 4(b) zoning under the 

Canterbury Planning Scheme Ordinance. 

• The development application has been assessed against the relevant provisions contained 

within the Canterbury Planning Scheme Ordinance, DCP 20 – Car Parking Code, DCP 21 

– Industrial Development Code and DCP 29 – Crime Prevention through Environmental 

design and, as the report demonstrates, was found to be satisfactory. 

• The application was notified in accordance with our Notification Policy and a total of 59 

submissions were received, 46 of which were in the form of pro-forma letters. The 

submissions represent a total of 51 households in the locality. Issues raised in the 

submissions include concerns that the proposal will adversely impact on the amenity of 

local residents by way of increased traffic, lack of on-street parking, increased truck 

movements and associated noise, concerns about the applicant’s continued noncompliance 

with conditions of consent, concerns about handling of asbestos and general 

dissatisfaction with the information submitted by the applicant in support of the proposal. 

These matters are discussed in detail in the body of this report. 


conditions. 



amendments. 

Page 370


16-20 ST ALBANS ROAD, KINGSGROVE: ALTERATIONS, ADDITIONS AND RECONSTRUCTION OF 

NORTHERN PORTION OF INDUSTRIAL/WAREHOUSE BUILDING (CONT.) 




Report: 

Background 

The applicant provides the following information in the submitted Statement of Environment 

Effects: 

“The southern warehouse was constructed in 1961, and until recently comprised a 

13,325sqm warehouse and an attached ancillary two-level office/storage area… 

In 2004, the roof of the building was extensively damaged during a hail storm. 

Following a protracted insurance settlement, Clempton Holdings undertook to reclad 

the southern part of the warehouse (comprising an area of some 5146m 2 ), including 

removing the asbestos hazard. However, the old portal structure was found to be 

inadequate and a decision was made to rebuild the southern part of the southern 

warehouse – on the same building footprint – including a new steel portal frame and 

modern wall and roof cladding. The works to the southern part of the warehouse were 

the first stage (ie. Stage 1) of the planned refurbishment of the entire warehouse.” 

On 10 February 2011 Development Application 575/2010 was approved for internal and 

external alterations to the southern part of an existing warehouse building. An associated 

Building Certificate was issued for works which were undertaken prior to the approval of DA 

575/2010 on 11 January 2011. 

The current proposal is associated with the remainder of the building which was not 

refurbished as part of Stage 1 works. 

Site Analysis 

The subject site is located at the western end of St Albans Road, Kingsgrove, west of 

Rolestone Avenue. The site is rectangular in shape and has an L-shaped street frontage of 

20.74 metres and 24.385 metres to St Albans Road with a total area of 50,264.3 square 

metres. The subject site is informally divided into three parts, with the northern most part 

being occupied by eighteen light industrial units, the central part being occupied by a large 

warehouse building used by Frutex and the southern most part being occupied by a large 

warehouse building, part of which is the subject of this application. 

Adjoining the site to the south and west are industrial buildings which are accessed off 

Forrester Street and Garema Circuit respectively, to the north and northwest is Clemton Park, 

to the northeast are residential developments and to the east is Kingsgrove North High School. 

Page 371




The applicant states that the subject building has been used for industrial purposes since at 

least 1961, with Council records indicating approvals were issued for building alterations and 

additions on site in 1973 and 1974. The southern part of the subject building has recently 

been refurbished and occupied, and part of the northern half of the building demolished to 

provide temporary fire exits for the refurbished half. 

Building works proposed to northern portion of building located at the southern end of the site. 

Proposal 

The proposal involves the re-construction of the northern part of the building with associated 

alterations and additions. The proposed works involve the reconstruction of internal and 

external walls, and alterations to the internal layout of the building to form a central freezer 

storage building linked to the existing (refurbished) warehouse to the south, and two other 

warehouse components with covered parking and storage areas along the northern end of the 

building. Each of the three components of the building will have separately allocated 

loading/unloading areas. The proposed two warehouse components will also each be provided 

with mezzanine level office areas. 

The building as re-constructed will maintain its use for warehousing purposes, with one 

component of the building now including temperature controlled storage. 

The proposal also involves some alterations to the southern half of the building, including 

enclosing the front portion of the ground floor to establish a new ‘production office’ and 

‘reception’ areas, and a new ‘small delivery vehicle dispatch dock at the rear (western) side of 

the building. 

Page 372




The proposed re-construction works will displace existing parking spaces on the site, which 

have been re-located to other areas. 







• Draft Local Environmental Plan 2012 

• Development Control Plan 20 - Car Parking Code (DCP 20) 



(DCP 29) 



Assessment 


79C(1) of the Environmental Planning and Assessment Act 1979. 


The site is zoned Light Industrial 4(b) under the CPSO and the proposed development, 

classified as a ‘light industry’ and ‘warehouse’, is permissible with the consent of 

Council under the Ordinance. 

Clause 44 of the CPSO sets out floor space ratios (FSR) for the various zones. The 

control for the 4(b) zone is set at 1.5:1. The proposed re-construction of an existing 

building with additional floor areas relative to the site provides for a FSR of 0.58:1. 

The proposed development complies with this provision. 

Clause 48 of the CPSO would restrict development in light industrial zones (as well as 

business showroom zones) to a maximum site coverage of two-thirds of the area of 

such land. The total site coverage with the proposed development relative is 61%. The 

proposed development complies with this provision. 






Zoning IN2 Light Industrial Proposed development permissible with 

consent 

Yes 

FSR 1:1 0.58:1 Yes 

Page 373






• Development Control Plan 20 - Car Parking Code (DCP 20) 

The proposed development compares to the relevant standards of DCP 20 as follows: 

As part of the application to alter and repair the southern half of the subject building 

under DA 575/2010 a total of 78 off street car parking spaces were provided in this 

part of the site to service the parking needs for all staff and visitors of the subject 

warehouse building. 

The proposed development changes the floor areas on the site such that there is: 

− An increase in warehouse space of 642sqm; and 

− A decrease in office space of 307sqm. 

DCP 20 requires 1 space per 100sqm of warehouse area, and 1 space per 40sqm of 

office area. The additional warehouse area would require an additional 6.4 parking 

spaces, while the reduction in office space decreases the required parking by 7.7 

parking spaces. Therefore the proposed works would reduce the required car parking 

on site by 1 space (77 parking spaces). 

The proposal involves increasing the car parking on site to 85 car parking spaces 

which exceeds the requirements of DCP20. 


The proposal involves the re-construction of an existing building in very much the 

same built form, with internal and external changes and minor additions. The 

additional floor area increases the site coverage of the building to 61%, where the DCP 

allows for a maximum 66% site coverage. 

The DCP requires a minimum 10m front setback. Given the location of the building 

toward the rear of the site, the setback from the street is approximately 145m. 

The DCP requires that car parking and loading/unloading facilities comply with the 

provisions of DCP 20, which is addressed under the DCP 20 – Car Parking Code 

section of this report. 

� Development Control Plan 29 – Crime Prevention Through Environmental 


The proposed re-construction of the existing building compares to Council DCP 29 as 

follows: 

Page 374





Natural Avoid blind corners. 

Clear entry areas and communal Yes 

Surveillance Provide natural surveillance for areas with surveillance from 

public/communal areas. 

adjacent units and vehicles 

Clearly visible entries. 

circulating through site. All 

Entrances, exits, service areas car communal areas are expected to be 

parks, should be well lit. adequately lit. 

Access Prevent unintended access The site is controlled by security Yes 

Control Use security hardware 

gates at the driveway before a 

vehicle can travel to the subject 

portion of the site. 

Ownership Create a 'cared for' image The proposed upgrades will create a Yes 

Use materials which reduce cared for image, and continued uses 

opportunity for vandalism. on site as a result of the works will 

Express a sense of ownership and increase the sense of ownership on 

reduce illegitimate use/entry. site. 

Additional CPTD Principles for Industrial Development 

Natural ighting to enable natural 

Information pertaining to lighting No 


not received 

Allow for natural surveillance and Natural surveillance through 

Yes 

suitable streetscape appearance vehicular circulation through site 

Provide entries that are clearly Entry visible from St Albans Road Yes 

visible from the street 

with associated signage 

Access Use building materials which Minimal glass on facades of 

Yes 

Control reduce the opportunity for building. Security gates provided 

intruder access. 

Provide adequate security to 

buildings with extended hours of 

operation. 

for complex. 

The proposed development is generally consistent with the provisions of DCP 29. If 

the development application is approved, a condition pertaining to the provision of 

adequate lighting on the site should be included to ensure compliance with DCP 29. 



Development Control Plan 45 – Landscaping. 



should the application be approved relating to the protection of trees during 

construction and the re-construction of existing retaining walls on site. 


A waste management plan was submitted as part of the Development Application 

regarding the disposal of waste materials during construction works which is 

considered to be in keeping with Council’s DCP 48. Council’s Waste Services 

Coordinator has reviewed the proposed development and requested the provision of 

suitable areas for waste storage and collection during the operation of the building. 

The plans were amended to show such areas. 

Page 375




Referrals 


The proposal has been reviewed by our Environmental Health Officer who noted that 

there has been a history concerning the hours and the number of truck deliveries to and 

from the premises which impacted on the residents in St Albans Road. However, as 

there is no change to the use of the premise no objections have been raised subject to 

the conditions relating to waste disposal and noise. 



proposal is acceptable in terms of traffic volumes, intersection safety and the capacity 

of the subject and surrounding streets to cope with any additional traffic. 

Notification 

The application was notified in accordance with our Notification Policy and a total of 59 

submissions were received, 54 of which were in the form of a pro-forma letter. The 

submissions represent a total of 51 households. The following concerns were raised in the 

submissions: 

• History of non-compliance by applicant in terms of truck movements. 

It is requested by neighbouring residents that no further consent be granted until such 

time that the existing uses at the subject site can operate in accordance with the 

conditions of their consent. 

Comment 

The proposal does not involve a new building. Rather, it involves the re-construction 

of an existing building, which has previously been utilised for industrial/warehousing 

purposes. The application does not involve a particular use to enable a specific 

assessment of likely impacts. 

Our Environmental Health Officer has reviewed the proposed development in light of 

the existing uses on the site and has raised no objections as the application is limited to 

building work only. 

• Compliance with Condition 19 of DA 575/2010 which requires the formation of a 

consultation committee. 

The local residents are not represented in the committee that has been formed. 

Comment 

Condition 19 reads as follows: 

“19. A consultation committee be created by the applicant, including representatives 

from the residents, to address any issues that may arise from the operation of 

the warehouse and report on a quarterly basis to Council.” 

Residents’ concern relating to the formation of the committee is noted, and will be 

forwarded to our Environmental Health and Compliance Officer for investigation and 

appropriate action. However, this matter does not form part of the merits of the subject 

Page 376




proposal, which is for the reconstruction of the northern part of the building, and is 

separate to DA 575/2010. 

• Information regarding number of employees 

The information pertains to this development only, and does not take into 

consideration the remainder of employees at the site, and the impact the additional 

employees will have. 

Comment 

Our Team Leader – Traffic has reviewed the proposed development in light of recent 

traffic studies that have been undertaken for the street, and the additional floor areas 

being proposed in this application and has raised no objection to the proposed 

development. The traffic assessment was based on current traffic volumes in the street 

including the subject site with all of the current employees. 

• Traffic 

It is stated that the traffic data used as part of the application is outdated and existing 

residential, school, open space, and industrial uses in the street cause traffic, noise and 

pedestrian safety issues, and increase in traffic volumes and truck movements as a 

result of this application will exacerbate this. Also, increased traffic from Oatley Street 

and Rolestone Avenue is adding to the existing traffic in St. Albans Road to turn right 

onto Kingsgrove Road at the traffic lights during peak times. 

Comment 

The proposed development does not involve a new building. Rather, it is the 

reconstruction of an existing building which has been non-operational for some time. 

However, given the substantial changes to the form of the building, it was considered 

necessary to undertake an updated traffic study, which our Traffic Section carried out. 

The study showed that the additional traffic volumes that will be generated as a result 

of this development, in addition to existing traffic volumes will be within the capacity 

for local roads as required by the Roads and Maritime Services and AMCORD 

Guidelines. 

The study analysed the intersections of Kingsgrove Road and St Albans Road, and 

Kingsgrove Road and Oatley Street and found that there will be no change to the 

performance of the intersections. 

Accidents reported in the surrounding area were also considered as part of the study. It 

was found that no reported midblock accidents occurred in Rolestone Avenue, Oatley 

Street or St Albans Road. Reported accidents occurred at intersections, particularly at 

Kingsgrove Road which is a regional road. These accidents were deemed not to be 

related to the existing or proposed development at the subject site. 

• Removal of hazardous materials. 

It is requested that Council provide that this work will be undertaken in accordance 

with necessary regulations, and provide a statement that “at no time residents, students 

at KNHS or other people in the area will be exposed to hazardous materials being 

removed from the site.” 

Page 377




Comment 

Conditions of consent have been included to ensure that any hazardous materials will 

be removed from the site in accordance with relevant standards. Any complaints 

regarding the removal of hazardous materials from the site will be handled by 

WorkCover. 

• Parking 

On street parking is limited during weekdays and the proposed development will 

increase pressure on on-street parking. No concessions should be granted in terms of 

parking. 

Comment 

The proposed development complies with the requirements of Council’s DCP 20 – Car 

Parking in terms of number of parking spaces and loading/unloading facilities. 

• Kingsgrove North High School now silent on Clemton Holdings DAs as Frutex 

has made donations to the school and now appears in its newsletters and annual 

reports as contributing to the school community. 

Comment 

This matter is outside of the assessment of this application. 

• Damage to houses and roads from truck movements and associated vibration. 

Comment 

It is acknowledged that larger trucks can cause damage to roads, and some vibration 

depending on the condition of the roads. However, a truck travelling at normal speed 

through a street is not expected to cause any damage to the road or to buildings in the 

street. Our City Works Section has advised that they have not recorded any 

unreasonable damage in St Albans Road to date, and given that the development is for 

the reconstruction of an existing industrial building, no unreasonable impact on the 

roads is expected to occur. 

Conclusion 



plans, codes and policies. The proposal is to reconstruct the second part of a hale damaged 

building, which has not been in operation for some time. However, the fact that it has not been 

in operation for some does not change that it was once a fully operational part of an industrial 

building with office areas and employees. As such, the application has been assessed in light 

of the existing developments on the site, and any additional floor areas being subjected to 

current car parking provisions. Council’s Team Leader Traffic has undertaken an assessment 

of the proposed development, and has obtained current traffic data pertaining to the site with 

existing floor areas, comparing them to the proposed. Based on the finding of this assessment 

the application is recommended for approval. 

Page 378





THAT the development application DA-46/2012 be APPROVED subject to the following 

conditions: 
























Note 1: Long Service Leave Levy is payable where the value is $25,000 or more 

under Part 5 Section 36 of the Building and Construction Industry Long Service 

Payments Act 1986). 







to payment. 












Page 379







the work. 

INSURANCE 








SITE SIGNAGE 








DEMOLITION 





























Page 380













hours). 



work and any relevant requirements of the NCC. 







www.lead.org.au. 









GENERAL 


details prepared by Axis Architectural, dated June 2011 and marked Drawing Plan 

No.:110605 FA-KG Issue J as received by Council on 30 August 2012, Drawing Plan 

No. DA – A 102 (Issue D), DA-A202 (Issue G), DA-A203 (Issue H), DA-A204 (Issue 

D), DA-A301 (Issue I), DA –A 401 (Issue G), and DA-A 801 (Issue E) as received by 

Council on 24 February 2012 except where amended by the conditions specified in 

this Notice. 

7. 85 off-street parking spaces being provided in accordance with the submitted plans to 

the satisfaction of the Principal Certifying Authority. Such spaces to be sealed, 

linemarked, numbered and made freely available at all times during business hours for 

staff and customers. 

8. The minimum carpark floor to ceiling height, clear of obstruction, shall be 2.2m. 


the carparks. 

10. In addition to Council’s street sweeping and cleansing operations, the owner/manager 

of the building shall ensure that the forecourt and the surrounds of the building are to 

be kept clean and free of litter during normal working hours. 

11. Adequate lighting (to AS 1158.3.1:1999 standards) being provided and maintained in 

the carparks. 

Page 381




12. Prior to the demolition, alterations and additions or renovation work to any building 

constructed before 1987, the person responsible for such work must ensure that the 

building is assessed for hazardous materials, especially asbestos. This assessment 

should be prepared by a qualified person. A Waste Management Statement for a 

building constructed before 1987 and prepared in accordance with DCP 48 – Waste 

Management, must verify the type and amount of asbestos present and the work 

method proposed for its removal and disposal. 

13. On sites that contain asbestos material, one sign containing the words “DANGER 

ASBESTOS REMOVAL IN PROGRESS” or similar, measuring not less than 400mm 

x 300mm is to be erected in a prominent visible position from the street. The sign is to 

be erected prior to work commencing and is to remain in place until such time that all 

asbestos has been removed from the site to an approved waste facility. 

14. Bonded asbestos which covers an area greater than 200 square metres and all friable 

asbestos must be removed by contractors with an appropriate licence issued by 

WorkCover. Removal must be carried out strictly in accordance with The Code of 

Practice for the Safe Removal of Asbestos (National Occupational Health and Safety 

Committee 2002 [1988]). 

15. All asbestos laden waste, including flat, corrugated or profiled asbestos cement sheets 

must be disposed of at a waste facility recommended by the NSW Department of 

Environment and Conservation. 



17. The specific use of the premises being the subject of a separate development 

application to Council. 

18. Any imported fill not being contaminated. 











performance requirements of the National Construction Code Volume One National 

Construction Code 

22.1. Compliance is required with C 2.3 , C2.4 and Specification C1.1 of the 

National Construction Code Volume One of the National Construction Code. 

22.2. Compliance is required with Section D of the National Construction Code 

Volume One National Construction Code. 

22.3. Install a fire hydrant system to NCC Clause E1.3. Full hydraulic plans, details 

and a hydraulic design certificate (documenting compliance with Clause E1.3 

and Australian Standard 2419.1 from a hydraulic engineer) must be submitted 

to the Principal Certifying Authority and approval obtained prior to installation 

of the system. A blank hydraulic design certificate is attached for this purpose. 

Existing street hydrants may be utilised where factors including location, 

coverage, water pressure and flow rates are adequate. Further information can 

be obtained by your hydraulic engineer from Sydney Water on telephone 13 20 

Page 382




92. Street hydrants utilised to comply with this condition must be detailed on 

the hydraulic design certificate. This item is an essential fire or other safety 

measure. A hydraulic design certificate (SC1100b) is attached. 

22.4. Install a hose reel system to NCC Clause E1.4. Full hydraulic plans, details 

and a hydraulic design certificate (SC1100b attached) (documenting 

compliance with Clause E1.4 and Australian Standard 2441 from a hydraulic 

engineer) must be submitted to the Principal Certifying Authority and approval 

obtained prior to installation of the system. A blank hydraulic design 

certificate is attached for this purpose. 

Hose reels must be provided so that the nozzle end of a fully extended hose 

fitted to the reel and laid to avoid partitions or other physical barriers will reach 

every part of the floor of the storey; and be located: 

(a) externally; or 

(b) internally within 4 metres of an exit; or 

(c) internally adjacent to a hydrant (except in a fire isolated exit); or 

(d) in any combination of (a), (b) or (c), 

so that the hose will not need to pass through doorways fitted with fire or 

smoke doors (except doorways to electrical supply/class 2-4 

units/shafts/equipment). Any system valve capable of isolating flow in the 

hose reel water supply main must: 

(a) be secured in the open position by a padlocked metal strap; and 

(b) be labelled with an engraved non-ferrous metal tag with 8mm upper 

case wording: 

FIRE SERVICE VALVE- 

CLOSE ONLY TO SERVICE FIRE HOSE REELS 

This item is an essential fire or other safety measure. A hydraulic design 

certificate (SC1100b) is attached. 

22.5. Install portable fire extinguishers selected, located and distributed to NCC 

Clause E1.6/Table E1.6 and AS 2444. This item is an essential fire or other 

safety measure. 

22.6. Emergency lighting complying with AS/NZS 2293.1 being installed 

throughout the building where required under NCC Clause E4.2. This item is 

an essential fire or other safety measure. 

22.7. Exit signs being provided in accordance with NCC Clause E4.5. This item is 

an essential fire or other safety measure. 

22.8. Compliance is required with Section f and J of the National Construction Code 

Volume One. 




24. The proposed use of the premises and/or machinery equipment installed, must not 







Page 383




25. Suitable site storage, handling and disposal of waste material arising upon the 

premises. Disposal options may include recycling, removal by private contractor, or 

by Council Trade Waste Services. Further information is available on 9789-9392. 




For help either visit Sydney Water’s web site at 

www.sydneywater.com.au/BuildingDeveloping/DevelopingYourLand , Water Servicing 

Coordinators, or telephone 13 20 92. Following application, a “Notice of 

Requirements” will be forwarded detailing water and sewage extensions to be built 

and charges to be paid. Please make early contact with the Co-ordinator, since 

building of water/sewer extensions can be time consuming and may impact on other 

services and building, driveway or landscape design. 



ENGINEERING 


specifications and details received by Council on 24 th February 2012; drawing 

numbers 10020, 02-0, C10, prepared by Buckton Lysenko and as amended by the 

following condition. 















LANDSCAPE 

32. The timber retaining wall located at the vehicle entrance of the proposed new 

warehouse building appears to be in unstable condition and must be repaired/reconstructed 

in accordance with the recommendations of a suitable qualified structural 

engineer. 

33. Any construction works near existing trees must comply with AS 4970-2009- 

Protection of Trees on Development Sites. The construction details of the concrete 

parking bays must be provided to the PCA prior to the issue of a CC 


34. Class 5, 6, 7, 8 or 9 Buildings 





Page 384










hours. 










• Fire safety (Alternative solutions ) 


• Drainage 

• Energy Efficiency 

• Glazing 

• Survey 


advance. 











199. 







determined within 6 months of the date of this Notice of Determination and be 





Page 385









The current Recommendation be Part A and a new Part B be added as follows: 

‘B. The Community Consultation Committee, as established by condition 19 of the 

previous development consent for DA-575/2010, be replaced by a new 

committee to be formed and chaired using the services of a facilitator who is a 

member of the Institute of Arbitrators and Mediators Australia, at the 

applicant’s cost. 

The Community Consultation Committee is to have five members with 

community representation by two community members, a representative from 

the school, a representative from the applicant and a representative from 

Council. The community members will be self appointed by the community. 

The first meeting of the new Committee is to be a mediation session and is to 

be run by a trained and qualified mediator(s) over one or two days. The 

mediation is to address and resolve traffic and parking issues in St Albans 

Road and nearby streets and any other issues identified by the Committee. 

The outcome of the mediation session is to draw up a mediated agreement that 

is signed by all parties. 

Meetings to be appropriately documented with agendas and minutes provided 

to Council.’ 

Page 386


21 82 BELMORE ROAD RIVERWOOD: FITOUT AND CHANGE OF 

USE OF INDUSTRIAL BUILDING FOR VEHICLE BODY REPAIR 

WORKSHOP. 



WARD: WEST 


Applicant: 

Owner: 

Zoning: 

Caverstock Group Pty Ltd 

Custodian Two Pty Ltd 

General Industrial 4(a) under the Canterbury Planning Scheme 

Ordinance (CPSO) 

Application Date: 14 May 2012, Additional information received on 22 August 2012 

and 29 August 2012 

Summary: 

• The proposal involves minor external works and the internal fit out and use of the 

existing industrial premises as a vehicle body repair station, and installation of one 

flush wall sign. 

• The application has been assessed against the relevant provisions of State 

Environmental Planning Policy (Infrastructure) 2007, the Canterbury Planning 

Scheme Ordinance, Draft Canterbury Local Environmental Plan 2012 and other codes 

and policy controls. The proposal is consistent with these requirements. 

• The application was notified in accordance with the requirements of our Notification 

Policy (DCP 32). One petition comprising a total of 86 signatures was received in 

objection to the proposal. Matters of concern related primarily to the proposed hours 

of operation, noise generation, disturbance and operation of deliveries. 


conditions. 



amendments. 




Report: 

Background 

The subject site was previously used as a warehouse for the distribution of paper products. 

Development application 8489/ 1996 was approved by Council on 4 September 1996 which 

approved the current the configuration of the subject site. 

Page 387


82 BELMORE ROAD RIVERWOOD: FITOUT AND CHANGE OF USE OF INDUSTRIAL BUILDING FOR VEHICLE 

BODY REPAIR WORKSHOP. (CONT.) 

Site Details 

The subject site is a battle axe lot located on the eastern side of Belmore Road, Riverwood at 

the intersection with Wiggs Road. The site is approximately 25,330m² and is currently 

occupied by an industrial building which has a total floor area of 16,168m² and includes 

14,683 m² of warehouse floorspace and 1,009.1 m² of office floor space. The existing 

building is setback approximately 100 metres from Belmore Road and is accessed by a 36 

metre wide access handle. 

The site is currently zoned General Industrial 4(a). It is surrounded by industrial development 

to the north, south and east. There is residential development located to the west and is 

separated from the subject site by Belmore Road. 

Proposal 

The proposal relates to minor external alterations and the internal fit out and use of the 

existing industrial premises as a vehicle body repair station and the installation of associated 

signage. 

The external alterations proposed as part of this application involves the installation of two 

new doorways along the north and south elevations of the building and a flush wall business 

identification sign on the front western elevation which meets the exempt criteria as outlined 

in Development Control Plan 24 Advertising Signage (DCP 24). It is also proposed to install 

exhaust ducts in the ceiling. 

As part of the internal fit out it is proposed to install seven work areas for the assessment and 

repair of damaged cars. These work areas include spaces for the removal, repair and 

replacement of damaged car parts. A number of storerooms and three paint rooms are also 

proposed. 

The proposed use will operate between 4am and 11pm Monday to Friday and 6am and 3pm 

on Saturday. Two shifts of workers are proposed per day between Monday and Friday, the 

first shift will involve a maximum of 90 staff and will finish at or before 1.30 p.m. The second 

shift will commence at 2.00p.m and will involve a maximum of 61 staff. 

Page 388













• Development Control Plan 21– Industrial Development Code (DCP 21) 


(DCP 29) 




Assessment 




The subject site is zoned General Industrial 4(a) under the Canterbury Planning 

Scheme Ordinance (CPSO). The proposed development involves the fit out and use of 

an existing industrial premises as a vehicle body repair station. Under the provisions of 

the CPSO a vehicle body repair station is not a defined use and therefore is not listed 

as either a permissible or prohibited use in General Industrial 4(a) zone. 

Page 389




The proposed use is therefore covered by the definition of ‘Industry’ which means the 

“manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, 

cleaning, washing, dismantling, processing or adapting of any goods or articles for 

commercial purposes, but does not include development (except light industry) 

elsewhere defined in this clause”. As outlined above, the proposed use involves the 

dismantling, repairing and assembling of damaged car parts. It is therefore considered 

that the proposed development meets the definition of ‘Industry’ and therefore is 

considered to be a permissible use at the site with Council consent. 


The application was referred to the Roads and Maritime Services (RMS). No 

objections were raise to the proposed development and conditions were recommended 

should the application be approved. 

• Draft Canterbury Local Environmental Plan 2012 (Draft LEP 2012) 





Zoning In1- General Industrial The proposed use is permissible Yes 

FSR 1:1 No changes are proposed to the FSR of the 

existing development 

Yes 




The proposed development involves the use of an existing industrial unit to repair 

heavily damaged and non-drivable cars. In terms of uses outlined in Table 3 (a) of 

DCP 20, the proposed development can be best defined as a vehicle body repair 

workshop. A vehicle body repair workshop requires a total of six off street parking 

spaces per work bay with one space allocated for staff, one space for visitor use and 

four spaces allocated for vehicles awaiting assessment. 

The proposed operation involves several key differences from the operation of a 

typical vehicle body repair workshop. Such distinguishing features relate to the 

operation only involving repair of non- driveable cars, all vehicles being repaired will 

be delivered via a truck to the site and it will not be possible for members of the public 

to deliver vehicles directly to the site for repair or visit the site to make enquires about 

repairs. 

In addition to this, the proposed use involves a production line style layout which is 

substantially different to the layout of a typical vehicle body repair workshop. It is not 

reasonable to assess the proposal against the numerical parking requirements 

contained within DCP20 for a vehicle body repair workshop use. 

Page 390




Under the provisions of Clause 3.3 of DCP 20, where a proposed development is not 

covered in Table 3(a) which outlines defined land uses, a separate parking assessment 

is required to determine the specific off street parking requirements for a proposed use. 

As part of the application a Traffic Report was prepared by McLaren Traffic 

Engineering and submitted to Council. This report provided a car occupancy rate for 

the workers at the site of 1.2 persons per car. The maximum number of staff on site at 

any one time will be 90 persons. This gives a maximum off street parking demand for 

workers of 75 car paces. 

Further to this, given that the site will be access controlled via the use of security gates 

and considering there will not be any visitors or unscheduled drop-ins, there is 

unlikely to be any additional demand for street parking generated by visitors to the 

subject site. Conditions have been recommended to ensure the use operates in 

accordance with the details provided and restricting customer access to the site. 

A total of 90 off street parking spaces will be provided at the site, 58 in an existing 

underground car park and 32 hardstand spaces at the front of the existing building. 

There is sufficient off street parking to accommodate the proposed use and the 

application complies with the requirements of DCP 20. 

• Development Control Plan 21– Industrial Development Code (DCP 21) 

DCP 21 predominantly relates to the construction of new industrial development. The 

subject application relates to the fit out and use of an existing industrial unit, most of 

the requirements of DCP 21 are not relevant to this application. The clauses relevant to 

this application are outlined in the compliance table below: 


Car Parking Refer to the assessment provided Refer to the assessment provided Yes 

against the provisions contained against the provisions contained 

in DCP 20 

in DCP 20 

Loading / Refer to the assessment provided Adequate delivery vehicular Yes 

Unloading against the provisions contained access and on-site loading areas 

in DCP 20 

proposed. 

Waste Storage Refer to the assessment against The proposal was referred to Yes 

and Disposal the provisions contained within Council’s Waste services co- 

DCP 48 

ordinator who has not raised any 

objection to the proposed 

development. 

Air, Water and Hours of operation near The proposed use involves hours No- see 

Noise 

residential properties to be of operation between 4.00a.m and discussion 

restricted between 7.30 a.m. and 11.00p.m. Monday to Friday and below 

5.30 p.m. Monday to Friday and between 6.00a.m. and 3.00p.m on 

7.30 a.m and 1.00 p.m Saturday Saturday. No work is proposed on 

Sunday 

Retailing from Ancillary activity. Display and 

Industrial zones sales limited to 15% of 

floorspace or 100m 2 No ancillary retail use is proposed Yes 

whichever is 

lesser 

as part of this application 

Page 391




Proposed hours of operation 

Clause 13.2.2 of DCP 21 states that the hours of operation for development near 

residential properties be restricted 7.30 a.m. and 5.30 p.m. Monday to Friday and 

between 7.30 a.m and 1.00 p.m on Saturdays. As outlined in the table above, the 

proposal is seeking to operate between 4.00a.m and 11.00p.m. Monday to Friday and 

between 6.00a.m. and 3.00p.m on Saturday, which is outside the standard hours 

outlined in DCP 21 in accordance with Cl. 13.2.2 of DCP 21. The application was 

accompanied by an acoustic engineers report demonstrating that operation outside of 

the specified hours will be acceptable. 

As a result of the noise assessment report carried out by Reverb Acoustics and 

received by Council on 22 August 2012 several recommendations have been made to 

reduce noise via a three stage approach of construction, operation and education. 

As part of the construction process it is recommended that specific noise reducing 

materials be used in the workshops walls and ceiling. In addition to this, gaps at the 

wall ceiling junction are to be sealed to reduce overall noise transmission. 

Recommendations have also been made to reduce noise transmission from vent 

openings on the walls and ceiling through the use of noise barriers. 

In regard to the operation phase of the proposed use, recommendations have been 

made to reduce noise via work practices. These recommendations involve the closing 

of doors along the western elevation during the hours of operation, the location of 

noise creating compressors along the eastern or north and south sides of the building, 

ensuring all loading and unloading of vehicles taking place inside the workshop, and 

the restriction of waste collection between the hours of 7.00am and 6.00p.m. 

Finally, a recommendation has been made that an educational campaign be run for 

staff and contractors at the subject site to ensure noise emissions are satisfactory by 

nearby residences. These recommendations are proposed to be included as conditions 

of consent. 

Further to this, the acoustic report has been reviewed by Council’s Environmental 

Health Officer who found the report supporting the proposed hours of operation to be 

acceptable. In addition to this a limited 12 month consent on the hours of operation is 

recommended to be included as a condition of any consent should the application be 

supported. 

It is therefore considered that the subject application satisfies the requirements of DCP 

21. 



The application was referred to Council’s Crime Prevention Officer who raised 

concerns in relation to the proposed location of the office. It was recommended that an 

office be located on the ground floor to increase the natural surveillance of the front 

car park area. The applicant has provided details of CCTV systems, access control and 

lighting which are to be installed as part of the proposed use. In addition to this the site 

Page 392




will not be accessible by members of the public. It is therefore considered that these 

security measures are sufficient to satisfy the provisions of DCP 29. In addition to this 

Council’s Crime Prevention Officer also recommended conditions regarding signage 

which will be included on any consent should the application be supported. 

The proposed development is generally consistent with the provisions of DCP 29. 


The application was reviewed by Council’s Landscape Architect. No objections were 

raised to the proposed development and no conditions have been deemed necessary. 


The application has been reviewed by Council’s Waste Services Contracts 

Coordinator, who found that the application to be satisfactory. The requirements of 

DCP 48 – Waste Management have been satisfied. 


The application has been referred to Council’s Disability Access Committee. No 

objections have been raised to the proposed development and conditions have been 

recommended should the application be supported. 


• Demolition 

The development includes demolishing an existing building/ structure or part of, to 

accommodate the proposed development. The provisions of AS2601-1991 The 

Demolition of Structures have been considered as required by Clause 92 of the. 

Standard conditions regarding demolition are included to the development consent. 

• Health, Safety and Amenity during Construction Phase 

During the construction of the development, the health and amenity of workers, the 

public and adjoining properties alike needs consideration under Section 79C of the 

EPAA. Accordingly, all works associated with the development will be restricted to 

daytime hours to ensure the works will not be a nuisance to adjoining occupiers and 

property owners (by way of standard condition). 

Referrals 


The proposed development has been assessed by Council’s Environmental Health 

Officer. No objections were raised and conditions have been recommended should the 

application be supported. 

• Traffic Committee 

The application was referred to the Team Leader of Council’s Traffic section. No 

objections were raised. However concerns were raised with regard to out of hours of 

loading and unloading at the subject site. Conditions have been recommended to be 

included on any consent to limit loading and unloading between the hours of 7.00 a.m 

and 7.00 p.m Monday to Friday and between 7.00a.m and 3.00 p.m on Saturday. 

Page 393




• Building: 

The application was reviewed by Council’s Building Officer. No objections to the 

proposal were raised and conditions have been recommended should the application be 

supported. 

Notifications 

The application was notified in accordance with Council’s Notification Policy (DCP 32). One 

petition was received containing a total of 86 signatures from 58 Households. All issues raised 

in the submission have been addressed below. 

• Approval of the proposed hours of operation will set a precedence for other 

businesses operating on Belmore Road 

Concern was raised that should the application be supported a precedence would be 

created which may enable other business to gain approval for similar hours of 

operation. 

Comment 

Clause 13. 2 of Council’s Industrial Code (DCP 21) states that: 

“industrial development operating near residential areas should be generally 

restricted to between 7.30a.m. and 5.30 p.m. Monday to Friday and 7.30 a.m. 

and 1.00 p.m. Saturday. Proposals to operate outside these hours will be 

considered on their merits and may be required to be supported by an Acoustic 

Engineer’s Report.” 

As previously discussed the application was accompanied by an Acoustic Report 

prepared by Reverb Acoustics to support the proposed hours of operation for the 

subject use. The acoustic report was referred to Council’s Environmental Health 

Officer who reviewed the report and found it to be acceptable. 

In addition to this a condition imposing a 12 month limited consent on the hours of 

operation has also been included should the application be supported. The limited 

consent for the hours of operation is considered suitable in order to enable Council to 

ensure that the proposed hours of operation will not result in any negative impact on 

the amenity of the neighbouring residential properties. 

In accordance with the provisions of DCP 21, any future application for the alteration 

of the hours of operation for industrial premises outside of the hours stated in Clause 

13.2 of DCP 13 will be assessed upon their merits. 

• Noise generation and disturbance of residential amenity 

Concern was raised that the operation of the proposed use would result in negative 

impacts on the amenity of the adjacent residential properties particularly late at night 

and early in the morning. 

Comment 

As previously discussed an acoustic report was submitted and reviewed by Council’s 

Environmental Health Officer. As part of the report a series of recommendations were 

Page 394




made and conditions relating to the reduction of noise generation have been included 

should the application be supported. 

• Operation of deliveries to the subject site 

Concern was raised with regard to the hours of operation of service vehicles to and 

from the subject site. 

Comment 

The proposed hours of operation for service vehicles to and from the subject site are 

between 7.00 a.m. and 7.00 p.m. Monday to Friday and between 7.00 a.m. and 3.00 

p.m. on Saturday, these hours of operation will also be subject to a 12 month limited 

consent. 

• Limited Consent 

As part of the submission it was requested that a 3- 6 month limited consent on the 

hours of operation be conditioned so as to assess any potential impact on the amenity 

of the adjoining residential area. 

Comment 

As previously discussed, a condition has been recommended should the application be 

supported which would limit the consent for the hours of operation for 12 months in 

order to assess the impact of the proposed use. It is considered that a 12 month trial 

period is more suitable as it would allow sufficient time to assess any potential impacts 

from the operation of the proposed use. 

Conclusion 

This application has been assessed pursuant to the provisions of Section 79C of the 

Environmental Planning and Assessment Act 1979 and all relevant development control 

plans, codes and policies. Having regard to the applications assessment against the relevant 

Environmental Planning Instruments, DCP’s and the issues raised in this report the proposed 

development meets the requirements of all relevant Development Control Plans and policies. 

As demonstrated throughout this report the proposed works at the premises as a vehicle body 

repair station can be accommodated at the subject site without giving rise to detrimental 

parking, traffic or amenity impacts on nearby residential development. In this regard it is 

recommended that the proposed development be approved. 



conditions: 




1.1. A Construction Traffic Management Plan detailing construction vehicle routes, 

number of trucks, hours of operation, access arrangements and traffic control 

should be submitted to council prior to the issue of a construction certificate. 



Page 395














• Compliance with the Disability (Access to the premises- Building) – 

Standards 2012 




Demolition Damage Deposit $3075.00 














to payment. 










INSURANCE 








Page 396




SITE SIGNAGE 








DEMOLITION 






































hours). 



Page 397




















GENERAL 


details as follows: 

Drawn Title: Drawing No: Date: Received By Council on: 

Typical Plans A101-B 14 Aug 12 22 August 2012 

Section AA A301-B 14 Aug 12 22 August 2012 

7. The hours of operation being restricted to 7:30am and 5:30pm Mondays to Fridays and 

7:30am to 1:00pm Saturdays. 

7.1. Notwithstanding condition 7, for a trial period of twelve (12) months from the 

date of the notice of determination, the hours of operation being confined to 

4:00am and 11:00pm Mondays to Friday and between 6:00am and 3:00pm on 

Saturdays. In the event that you wish to continue these hours of operation 

beyond the12 month trial period, you are advised to make an Application to 

Modify the Consent under Section 96(1A) of the Environmental Planning and 

Assessment Act 1979 within nine (9) months of the date of this consent. 

7.2. If at the end of the twelve (12) month period referred to in condition 7.1 a 

further Application to Modify the Consent under Section 96(1A) of the 

Environmental Planning and Assessment Act 1979 has not been approved to 

extend the 12 month trial period, or to make this condition permanent, then this 

condition ceases to have effect and condition 7 becomes operative. 

8. All deliveries to and from the site being restricted to 7:30am and 5:30pm Mondays to 

Fridays and 7:30am to 1:00pm Saturdays. 

8.1. Notwithstanding condition 8, for a trial period of twelve (12) months from the 

date of the notice of determination, deliveries to and from the site are permitted 

to occur between 7:00am and 6:00pm Mondays to Friday and between 7:00am 

and 3:00pm on Saturdays. In the event that you wish to continue these hours 

of operation beyond the 12 month trial period, you are advised to make an 

Application to Modify the Consent under Section 96(1A) of the Environmental 

Planning and Assessment Act 1979 within nine (9) months of the date of this 

consent. 

8.2. If at the end of the twelve (12) month period referred to in condition 8.1 a 

further Application to Modify the Consent under Section 96(1A) of the 

Environmental Planning and Assessment Act 1979 has not been approved to 

Page 398




extend the 12 month trial period, or to make this condition permanent, then this 

condition ceases to have effect and condition 8 becomes operative. 

9. All vehicles being repaired are to be non-drivable. 

10. No third party drive-in business is to be conducted on the site. 

11. Only staff of the premises, delivery and service vehicles are to access the site. Entry 

Gates are to be locked at all time with entry for authorised personnel only to be via 

pass code or security intercom. 

12. The operation of the premises must not involve off the street drive in quotations to 

members of the public. . 

13. No Vehicles are to be standing on Belmore Road prior to the approved hours of 

operation. 

14. Staff arriving for the first early morning shift are to park their vehicles in the basement 

carpark. Use of the hardstand parking spaces are to be utilised only if no spaces are 

available in the basement carpark. 











ENVIRONMENTAL HEALTH OFFICER 


amenity of the adjoining occupations and the neighbourhood in general by the 

emission of noise, smoke, dust, fumes, grit, vibration, smell, vapour, steam, soot, ash, 

waste water, waste products, oil, electrical interference or otherwise. 

20. The proposed use of the premises and/or machinery equipment installed, must not 







21. Any discharge to the atmosphere must not result in any odour or other air impurity 

detectable outside the boundaries of the property. 

22. All cleaning wastes and spillage from the workshop and covered forecourt areas must 

be collected and disposed of in a way that does not pollute waters, that is waste waters 

must be directed to the Sydney Water Corporation’s sewer in accordance with that 

Authority’s requirements. 

23. All drainage systems, sumps and traps must be regularly maintained so that they are 

kept clean and remain effective. 

24. Areas used to store liquids and liquid containers must be adequately bunded and fitted 

with a drain which leads to a dead sump constructed of concrete or other impervious 

material. The bunded area must be constructed to hold 10% of the total volume of 

containers or 110% of the largest container, whichever is the greater. Full 

construction details must be submitted before the Construction Certificate is released. 

Page 399




25. All drains must be properly graded and connected to the Sydney Water Corporation’s 

sewer in accordance with that Authority’s requirements. 

26. Engine oils, fuels and other fluids must be removed from vehicles and under no 

circumstances must this material be discharged to the stormwater system. 

27. All vehicles washed on the premises must be washed in a wash bay that complies with 

Specification S6 of Council’s Stormwater Management Manual and is connected to 

the Sydney Water Corporation’s sewer in accordance with that Authority’s 

requirements. 

28. Servicing, detailing and repairs of vehicles or vehicle parts shall be conducted in a 

covered, bunded area. Vehicles awaiting repair, under repair or awaiting delivery, 

shall not be stored, parked, or otherwise permitted to stand in a public street. All such 

vehicles shall be accommodated within the premises. 

29. Automotive parts in contact with any automotive fluid shall be stored in a covered, 

bunded area. 

30. The design, installation and operation of air venting systems for spray booths must 

conform with Australian Standard 1668.2-1991. The Use of Mechanical Ventilation 

and Air-conditioning in Buildings and the Environment Protection Authority 

Environment Protection Manual - Spray Painting and Surface Coating, WorkCover 

requirements and The Clean Air Act Regulations. A copy of the Environment 

Protection Authority guideline, Spray Painting and Surface Coating must be located on 

site. 

31. Disposal of waste water from wet scrubbing must be discharged in accordance with 

Sydney Water’s Trade Waste Policy and Management Plan (1996). 

32. The operation of the premises shall be conducted in a manner which does not pollute 

waters as defined by the Protection of the Environment Operations Act 1997. 

NOISE CONTROL 

33. The loading and unloading of vehicles is to take place inside the workshop at all times. 

34. All works are to be carried out within the workshop at all times. 

35. All doors along the western elevation are to be closed outside the normal industrial 

hours of operation as specified in Condition 7. 

36. All compressors are to be located at the east end of the building or along the north and 

south sides towards the eastern end of the building. If impractical then a partial barrier 

must be constructed to shield the plant from the residences to the west. Construction 

may be of masonry, stud wall lined with Fiber Cement sheeting or Herbal power 

panel. 

37. The contractor responsible for supplying and installing mechanical plant must provide 

evidence that installed plant meets noise emission limits, or that noise control limits 

included with the plant is effective in reducing the sound level to the specified limit. 

Once the plant layout and selection has been finalised, details should be forwarded to 

the acoustic consultant for approval. 

38. Gaps at all wall ceiling joints are to be sealed with materials of equivalent mass to roof 

construction, while smaller penetrations are to be sealed with a non-setting sealant, 

bituminous compound or eaves filler strips or similar. 

39. Any mechanically driven roof mounted exhaust outlet that produces an SPL above 

72dB(A) at a distance of 1 metre must be acoustically treated. Available options 

include erecting an acoustic barrier around the fan discharge. Any such barriers must 

enclose all four sides and extend at least 500mm above and below the fan and/or 

highest point of the discharge outlet. The barrier must be no further away than 

1200mm from the edges of the exhaust. The barriers must consist of an outer layer of 

Page 400




one sheet of 9mm Fiber Cement sheeting or 15mm marine plywood. 

40. Any vents that are located in the walls must be designed to minimise noise leakage 

and should be positioned where other parts of the structure interrupt the line of sight 

between the source and the receiver. A total vent area up to 1.5m² is permitted on the 

western elevation. 

41. An educational campaign is to be run for staff and contractors as part of an induction 

programme to ensure satisfactory noise levels by nearby residences. 

42. All noise control measures for the workshop as outlined on page 10 and 11 of the 

Noise Impact Assessment (prepared by Reverb Acoustics- report number 12-1628-R2 

dated 15 August 2012be implemented, except where amended by the conditions of this 

consent. 

ROADS AND MARITIME SERVICES 

43. The layout of the proposed car park areas associated with subject development 

(including driveways, grades, turn paths, sight distance requirements, aisle widths, 

aisle lengths and parking bay dimensions ) should be in accordance with AS 2890.1- 

2004 and S 2890.2- 2002. 

44. Disabled car parking spaces are to conform to Australian Standard 2890.6: 2009. 

45. All new pedestrian accesses are to comply with AS 1428.1: 2001 Design for Access 

and Mobility. 

46. All vehicles are to enter and leave the site in a forward direction. 

47. A road occupancy license should be obtained from the Transport Management Centre 

for any works that may impact on traffic flows on Belmore Road during construction 

activities. 

48. All construction vehicles are to be contained wholly within the site and must enter the 

site before stopping. A construction zone will not be permitted on Belmore Road. 

49. All traffic control during construction must be carried out by accredited RMS 

approved traffic controllers. 

50. The developer shall be responsible for all public utility adjustment/ relocation works 

necessitated by the above work and as required by the various public utility authorities 

and/or their agents. 

51. All works/ regulatory signposting associated with the proposed development are to be 

at no cost to the RMS. 


52. A continuous accessible path of travel is to be provided from the street alignment and 

from the car park to all of the building entries, and to and within all common areas of 

the buildings. It shall not contain a step or other impediment, and shall have an 

unobstructed width of at least 1000mm, and vertical clearance of 2000mm. 

53. The front and inner doorways should provide clear openings of at least 850mm, when 

the doors are fully open. 

54. If the doors are glazed, they are to have a 75mm wide contrast strip, or transom, across 

the full width of the door, at a height between 900mm and 1100mm above the floor 

level. The strip is to provide a luminance contrast of at least 30% with its 

surroundings, when viewed from the inside and outside of the door, under daytime and 

night time conditions. 

55. Sensors for self-opening doors are to provide sufficient time for slow-moving persons 

to fully enter and exit the building before the door closes. 

56. Paving and flooring in public areas is to be non-slip, in the wet and dry conditions. 

57. Both of the Accessible Parking spaces should be 2.4 m wide and 5.4 m long, and 

clearly marked to comply with AS 2890.6 (2009). The crossfall of the parking spaces 

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(from left to right and from front to back) is to be 1:33 for an asphalt surface, or 1:40 

for a concrete surface. 

58. A Unisex Accessible Toilet is to be provided to comply with AS1428.1 (2009), 

Section 15. 

59. One cubicle in each of the Male and Female blocks is to be designed as an Ambulant 

Cubicle, and comply with AS1428.1 (2009), Section 15. 


60. Police contact numbers are to be clearly displayed and accessible for staff. 


61. The Section 73 Certificate must be submitted to the Principal Certifying Authority 



Certifying Authority prior to the Construction Certificate being issued.The approved 

plans shall be submitted to the appropriate Sydney Water Quick Check agent or 

Customer Centre to determine whether the development will affect Sydney Water’s 

sewer and water mains, stormwater drains and/or easements, and if further 














• Smoke alarms 


advance. 











199. 





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determined within 6 months the date of receipt this Notice of Determination; or 









1. A new condition 43 be added as follows: 

‘The applicant shall pay to the Council the cost of a noise consultant to carry 

out a noise audit on two separate occasions during the trial period. The noise 

consultant shall simultaneously submit the results of the noise audit to the 

applicant and to Council.’ 

2. All conditions from current condition 43 be renumbered. 

Page 403

11 October 2012 - Canterbury City Council

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