City of Sydney ABN 22 636 550 790 GPO Box 1591 Sydney NSW 2001 Australia Town Hall

House 456 Kent Street Sydney NSW 2000 Australia

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Phone +61 29265 9333 Fax +61 292659222 cDuncil@cityolsydney.nsw. gov.au www.cityofsydney.nsw.gov.au

3 June 2011

i
GROUP PTY LTD APPLICATION FOR 22 LENTON PARADE, WATERLOO NSW 2017

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PROPERTY ACQUISTIONS 83 Chapel St ROSELANDS NSW 2196

DEVELOPMENT 0/2011/90

Dear Mr Moore I refer to the above mentioned development appJication and development granted by the City of Sydney on 12 May 2011 . Please be advised that information following conditions of consent; • Condition consent

received under email dated 1 June 2011 satisfies

the

2(a), 2(b), 2(c) ano 2(d).

In relation to Condition 2(c), the plans are unclear as to whether the gate and fence above the masonry component of the fence is solid, or 50% open. Please be mindful of the condition which states that to achieve the height of 1.2m, the fence must be partially open. The pier in the middle of the fence is also to be deleted. Please note that under Condition 3 (Design Details - Minor Development) aluminium gates and fence details will not be approved. This component of the fence should be . constructed of timber or steel. If you require any further information please contact Catherine Burke on ph. 92659040,

or by email atcburke@cityofsydney.nsw.gov.au.

SUE McMAHON Area Planning Manager

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Clty of Sydney
ABN 22 636 550 790

GPO Box 1591 Sydney NSW20[}1 Australia Town Hall House 456 Kent Street Sydney NSW 2000 Australia Phone T6t 2 9265 9333 Fax +61 292659222 rrY +61 292659276 council@cityofsydney.l1sw.gov.au wW'N.cityofsydney.nsw.gov.au

NOTICE OF DETERMINATION - APPROVAL
Issued under Section 80(1)(a) of the Environmental Development App!icant Application No. 0/2011/90 PROPERTY ACQUISTJONS GROUP PTY LTD Planning and Assessment Act 1979

83 Chapel St
ROSELANDS Land to be developed Approved development NSW 2196 NSW 2017

22 LENTON PARADE, WATERLOO

Construction of new 2 storey, three bedroom terrace house with car access to rear of site. $178.000 The application was determined under delegation of Council and was granted consent subject to the conditions in Schedules 1 and 2. Before commencing building work or subdivision work, a relevant Construction Certificate must be obtained from Council or an Accredited Certifier. Council must be appointed the Principal Certifying Authority for any subdivision work under the Act.

Cost of development Determination

Other Approvals

Consent Consent Reasons

is to operate from
will [apse on for conditions

12 May 2011
12 May2016

Unrestricted consent may affect the environmental the public interest. Right of appeal

amenity of the area and would not be in

If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act 1979 (the Act) gives you the right to appeal to the Land and Environment Court within 1 year after the date on which you received this notice. Alternatively, you may request a review of the decision by the City's Small Permits Appeals Panel, under Section 82A of the Environmental Planning and Assessment Act 1979, within 1 year of the date of this notice (N.B. Section 82A is not applicable to integrated or deslqnatsd development).

NOTICE OF DETERMINATION

-APPROVAL

0/2011/90

This applies if the matter was determined by a Council officer under delegation of Council. An application form is available at Council's One Stop Shop. A fee is payable. For further information please contact Catherine Burke on ph. 92659040.

GRAHAM JAHN Director - City Planning & Regulatory Services

Page 2

NOTICE OF DETERMINATION CONDITIONS SCHEDULE OF CONSENT 1A

-APPROVAL

012011/90

APPROVED DEVELOPMENT/DESIGN MODIFICATIONS/COVENANTS CONTRIBUTIONS/USE AND OPERATION

AND

Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction Certificate and some are to be satisfied prior to issue of Occupation Certificate, where indicated. (1) APPROVED (a) DEVELOPMENT No.

Development must be in accordance with Development Application 0/2011/90 dated 25 January 2011 and the following drawings: Drawing Number Architect Date

DA-01 DA-02

Baldas and Savidis Design Solution Baldas and Savidis Design Solution Baldas and Savidis Design Solution Baldas and Savidis Design Solution

December 201 0 Received by Council 19 April 2011 December 2010 December 2010

DA-03 DA-04

and as amended by the conditions of this consent. (b) In the event of any lnconslstency between the approved supplementary documentation, the plans will prevail. plans and

(2)

DESIGN MODIFICATIONS The design of the building must be modified as follows: (a) The front balcony gutter llne of the first floor balcony is to match that of its neighbours and be lowered to RL41.59. The depth of the fin walls of the ground floor verandah/porch is to be reduced to 1.1m in width to match the fin walls of the upper level balcony. The side walls of the garden in front of the porch (which is 946mm deep at the west and 111.3mm deep at the east) are to be treated as side fences whose height is to match the front fence. Details of the front fence and rear boundary wall with garage door are to be provided. In relation to the front fence, the maximum permissible height is 900mm for a solid fence and 1.2m for a partially open fence. A palisade fence is desirable. The rear boundary wall is not to exceed 3m and is to reflect the character of the walls to Wellington Lane. The southern wall of bedroom 3 must be set back 2.5m from its proposed position so that this wall matches the upper level southern wall at No 24 Lenton Pde. The internal configuration of this level may need to be

(b)

(c)

(d)

Page::!

NOTICE OF DETERMINATION -APPROVAL

0/2011/90

redesigned and may include the loss of a bedroom or bathroom on the first floor. The modifications are to be submitted to and approved by Council's Area Planning Manager prior to a Construction Certificate being issued.
(3)

DESIGN DETAILS (MINOR DEVELOPMENT) A materials sample board detailing all proposed finishes must be submitted to and approved by Council prior to a Construction Certificate being issued.

(4)

VEHICLE FOOTWAY CROSSING A separate application is to be made to, and approved by, Council for the construction of any proposed vehicle footway crossing or for the removal of any existing crossing and replacement of the footpath formation where any such crossings are no [anger required. . All disused or redundant vehicle crossings and laybacks must be removed and footway and kerb reinstated in accordance with Council's standards, to suit the adjacent finished footway and edge treatment materials, levels and details, or as otherwise directed by Council officers. All construction and replacement works are to be completed in accordance with the approved plans prior to the issue of an Occupation Certificate. Note: In all cases the construction materials should reinforce the priority of pedestrian movement over that of the crossing vehicle.

(5)

ASSOCIATED ROADWAY COSTS AI! costs associated with the construction of any new roa,dworks including kerb and gutter, road pavement, drainage system and footway shall be borne by the developer. The new road works must be designed and constructed in accordance with the City's "Development Specification for Civil Works Design and Construction"_

(6)

ALIGNMENT LEVELS (a) Prior to a Construction Certificate being issued, footpath alignment levels for the building must be submitted to Council for approval. This submission must be accompanied by a plan prepared by a Registered Surveyor showing the existing location, size and levels (AHD) of all service covers, trees, poles and street furniture, kerb, gutter and alignment levels of 10m cross sections, alignment levels at proposed and existing vehicular and/or pedestrian entrances within the footway adjacent to and extending 20 metres past either side of the site. These alignment levels, as approved by Council, are then to be incorporated into the plans submitted with the application for a Construction Certificate, excluding a Construction Certificate for approved preparatory, demolition or shoring work.

(b)

Page 4

NOTICE OF DETERMINATION - APPROVAL (7) NOISE ~ MECHANICAL

0/2011/90

PLANT ANP EQUIPMENT

Noise associated with the use of mechanical plant and equipment must not give rise to anyone or more of the following: (a) Transmission of "otienstve noise" as defined in the Protection of the Environment Operations Act 1997 to any affected receiver. A sound pressure level at the boundary of any affected receiver that exceeds the background (lA90.15rninule5) noise level by more than 5dB. The background noise level must be measured in the absence of noise emitted from the use in accordance with Australian Standard AS1055.

(b)

Note: The method of measurement of vibration being carried out in accordance with "assessing Vibration; Technical Guidelines" - DEC (EPA) AS1055 for sound level measurements.

(8)

MECHANICAL VENTILATION
(a) The premises must be ventilated in accordance with the Building Code of Australia and AS1668.1-1998 and AS1668.2-1991. Details of any mechanical ventilation and/or air conditioning system complying with AS1668.1-1998 and AS1668.2-1991, the Building Code of Australia and relevant- Australian Standards must be prepared by a suitably qualified person certified and certified in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate. Prior to issue of an Occupation Certificate and following the completion, installation, and testing of all the mechanical ventilation systems, a Mechanical Ventilation Certificate of Completion and Performance in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, must be submitted to the Principal Certifying Authority.

(b)

(e)

(9)

AIR CONDITIONERS IN RESIDENTIAL
The air conolttoner/s (a) must not:

BUILDINGS

emit noise that is audible within a habitable room in any other residential property (regardless of whether any door or window to that room is open):

(i)
(ll) (b)

before a.OOam and after 10.0Gpm on any Saturday, Sunday or public holiday; or ' before 7.00am and after 10.00pm on any other day; or

emit a sound pressure level when measured at the boundary of any other residential property, at a time other than those specified in (i) and (ii) above, which exceeds the background (lMQ, 15mlnules) by more than 5d8(A). The source noise level must be measured as a lAeq 15 minute.

PageS

NOTICE OF DETERMINATION SCHEDULE1B PRIOR TO CONSTRUCTION AND BUILDING

- APPROVAL

0/2011/90

CERTIFICATE/COMMENCEMENT

OF WORK/HEALTH

Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Councilor a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate. (10) EXTERNAL COLOUR SCHEME (HOUSES)

The external colour scheme is to comprise predominantly earthy tones in keeping with the overall Victorian character of the Heritage Conservation Area. A schedule of colours is to be submitted to and approved by Council prior to the issue of the Construction Certificate. In this regards it is recommended that reference be made to the book "Colour Schemes for Old Australian Houses" by Ian Evans, Clive Lucas and Ian Stapleton. (11) ASBESTOS REMOVAL

All demolition works involving the removal and disposal of asbestos cement must only be undertaken by contractors who hold a current WorkCover Asbestos or "Demolition Licence" and a current WorkCover "Class 2 (Restricted) Asbestos Licence and removal must be carried out in accordance with National Occupational Hearth and Safety Commission (NOHSC): "Code of Practice for the Safe Removal of Asbestos" and the City of Sydney Asbestos Policy. (12) ASBESTOS REMOVAL SIGNAGE

Standard commercially manufactured signs containing the words "DANGER ASBESTOS REMOVAL IN PROGRESS" measuring not less than 400mm x 300mm are to be erected in prominent visible positions on the site. (13) CLASSIFICATION OF WASTE

Prior to the exportation of waste (including filt or soil) from the site, the waste materials must be classified in accordance with the provisions of the Protection of the 'Environment Operations Act 1997 and the NSW DECC Waste Classification Guidelines, Part1: Classifying Waste (April 2008)'. The classification of the material is essential to determine where the waste may be legally taken. The Protection of the Environment Operations Act 1997 provides for the commission of an offence for both the waste owner and the transporters if the waste is taken to a place that cannot lawfully be used as a waste facility for the particular class of waste. For the transport and disposal of industrial, hazardous or Group A fiquid waste advice should be sought from the EPA. (14) DISPOSAL OF ASBESTOS Asbestos to be disposed of must only be transported to waste facilities licensed to accept asbestos. The names and location of these facilities are listed in Part 6 of the City of Sydney's Asbestos Policy.

Page 6

NOTICE OF DETERMINATION

- APPROVAL

0/2011190

(15) NOTIFICATION

OF ASBESTOS REMOVAL

All adjoining properties and those opposite the development must be notified in writing of the dates and times when asbestos removal is to be conducted. The notification is to identify the licensed asbestos removal contractor and include a contact person for the site together with telephone and facsimile numbers and email address. (16) PROHIBITION OF ASBESTOS RE·USE

No asbestos products are to be reused on the site (i.e. packing pieces, spacers, formwork or fil[ etc). (17) SIGNAGE LOCATION (a) AND DETAILS

A site notice board must be located at the main entrance to the site In a prominent position and must have minimum dimensions of 841mm x 594mm (A1) with any text on the notice to be a minimum of 30 point type size. The site notice board must include the following: (i) (ll) contact person for the site; telephone and facsimile numbers and email address; and

(b)

(c) (18)

site activities and time frames.

SKIPS AND BINS No asbestos laden skips or bins are to be left in any public place without the approval of Council.

(19)

COMMUNITY (a)

COMPLAINT

MANAGEMENT

Before any works are commenced on site the telephone number of an appropriate and readily contactable site worker responsible for responding to community complaints must be provided to the occupiers of all neighbouring noise sensitive receivers in the immediate locality of the site likely to be most affected by intrusive noise. On receipt of any complaint the contractor must take all reasonable feasible steps to respond to, investigate and resolve that complaint. DETAilS TO BE lODGED WITH ACe and

(b)

(20)

BASIX CERTIFICATE·

A copy of the required completed BASIX certificate accepted as part of this Development Consent with respect to the proposed residential building works, must be lodged with an application for a construction certificate and the items nominated as part of the subject BASIX certificate must be specified on the plans submitted with the construction certificate application.

(21) SeA· NEW BUILDING WORKS CLASS 1 AND 10 BUILDINGS
(a) Pursuant to Clause 98 of the Environmental Planning and Assessment Regulation 2000, the proposed building work must comply with the Building Code of Australia (BCA) including:
Page 7

NOTICE OF DETERMINATION -APPROVAL. 0/2011/90
(i)

Site Preparation - Part 3.1; Footings and Slabs - Part 3.2; Masonry - Part 3.3; Framing - Part 3.4; Roof and Walt Cladding - Part 3.5; Glazing - Part 3.6; Fire Safety - Part 3.7; Health and Amenity - Part 3.8; Safe Movement and Access (Access and Egress) - Part 3.9;

(if) (iii) (iv) (v) (vi) (vii) (viii) (ix)

Prior to a construction certificate being issued, the certifying authority must ensure that the building complied with the Building Code of Australia by achieving compliance with Clause 1.0.4 of the BCA. (22) CLASS 1A (DWEL.LING HOUSES) - BCA CONDITIONS (a) (b) Smoke alarms complying with the requirements of the Building Code of Australia - Vol. 2 - Housing Provisions must be installed in the dwelling. Clothes washing, drying and cooking facilities complying with the requirements of the Building Code of Australia - Vol. 2 - Housing Provisions must be provided. All damp and weatherproof provisions must comply with the requirements of the Building Code of Australia - Vol. 2 - Housing Provisions. Minimum ceiling heights of rooms or spaces in buildings must comply with the requirements of the Building Code of Australia - Vol. 2 - Housing Provisions, in particular any attic room addition or conversions. Natural light and ventilation must comply with the requirements of the Building Code of Australia - Vol. 2 - Housing Provisions. The stairls and balustrades including external stairls must comply with the requirements of the Building Code of Australia - Vol. 2 - Housing Provisions.

(c) (d)

(e) (f)

(23) COMPLIANCE WITH BUILDING CODE OF AUSTRALIA The proposed work must comply with the Building Code of Australia (BeA). (24) EXTERNAL WALLS RESISTANCE & WINDOWS OF DWELLING HOUSES • FIRE

Walls and openings in external walls located within 900mm of the side property boundaries must be protected in accordance with the requirements of the Butrding Code of Australia (Housing Provisions).

pageS

NOTICE OF DETERMINATION (25)

- APPROVAL

0/2011/90

FLASHINGS TO BOUNDARY

WALLS

A flashing must be provided to prevent water entering between the proposed and sxlstlnq external boundary walls of the adjoining properties. Note: Attachments or connections to party walls may require the consent of the adjoining property owner/so .

(26) GUTTERING
Any proposed new guttering or replacement of existing roof guttering material or installation is to comply with Clause 3.5.2.1 and 3.5.2.4 of the Housing Provisions of the Building Code of Australia (Note 'high front' guttering must comply with this provision).

(27) STRUCTURAL
CLASSES)

CERTIFICATION

FOR

DESIGN

- BeA

(ALL

BUILDING

Prior to the issue of a Construction Certificate, structural details and a Structural Certificate for Design by a qualified practising structural engineer and in accordance with Clause A2.2(a)(iil) of the Building Code of Australia (applicable to class 2-9 burtding) and Clause 1.2.2(iii) of Volume 2 of the BCA (applicable to Class 1 and 10 buildings) must be submitted to the satisfaction of Council (where Council is the Certifying Authority). (28) WINDOWS OF DWELLING HOUSES - FIRE RESISTANCE

Window openings in external walls located within 900mm of the side property boundaries must be protected in accordance with the requirements of Clauses 3.7.1.3 and 3.7.1.5(b) of the BCA (Housing Provisions), and details of the method of protection are to be submitted to the certifying authority prior to the issue of a Construction Certificate. (29) DJLAPIDATION REPORT - MINOR by an for the

Dilapidation reportls of adjoining buildings are to be prepared appropriately qualified practising structural engineer and submitted approval of the Principal Certifying Authority: (a) (b) (30) prior to the commencement of demolition/excavation works; and works.

on completion of construction demolition/excavation PRIOR TO A CONSTRUCTION must not commence

NO DEMOLITION

CERTIFICATE until a Construction Certificate

Demolition or excavation has been issued.

(31) CONTAMINATION
(a) The exportation of waste (including fill or soil) from the site must be in accordance with the provisions of the Protection of the Environment Operations Act '1997 and the Department of Environment and ConserVation's (DEC) Environmental Guidelines Assessment, Classifioation and Management of Non-LiquId Wastes Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions
Page 9

(b)

NOTICE OF DETERMINATION

- APPROVAL

0/2011190

about site contamination must be immediately notified to the Council and the Principal Certifying Authority. (32) ARCHAEOLOGICAL (a) DISCOVERY DURING EXCAVATION

Should any historical relics be unexpectedly discovered on the site during excavation, all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with section 146 of the Heritage Act 1977. Should any Aboriginal relics be unexpectedly discovered then all excavation or disturbance of the area is to stop immediately and the Department of Environment and Climate Change is to be informed in accordance with Section 91 of the National Parks and Wildlife Act, 1974. OF THE SITE

(b)

(33)

LANDSCAPING (a)

A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submiHed to and approved by Council prior to the issue of a Construction Certificate. The plan must include: (i) Location of existing and proposed existing trees (if applicable); Details of earthworks including planter boxes (if applicable); structures on the site including

(ii)

mounding

and retaining

walls and

(iii) (iv) (v) (b)

Location, numbers and type of plant species; Details of planting procedure and maintenance; Details of drainage and watering systems,

Prior to the issue of a Construction Certificate, a maintenance plan is to be submitted and approved by the Principal Certifying Authority. The maintenance plan is to be complied with during occupation of the property. All landscaping in the approved plan is to be completed Occupation Certificate being issued. DAMAGE BANK GUARANTEE prior to an

(c)

(34)

FOOTPATH

A Footpath Damage Bank Guarantee calculated on the basts of an area of 9 sqm of concrete/bitumen site frontage must be lodged with Council in accordance with the City of Sydney'S adopted Schedule of Fees and Charges. The Footpath Damage Bank Guarantee must be submitted as an unconditional bank guarantee in favour of Council as secLirity for repairing any damage to the public domain in the vicinity afthe site. The guarantee must be lodged with Council prior to issue of a Construction Certificate. (35) ALIGNMENT (a) LEVELS

Prior to a Construction Certificate being issued, footpath alignment levels for the building must be submitted to Council for approval. The submission
Page 10

NOTICE OF DETERMINATION - APPROVAL D/2011/90 must be prepared by a Registered Surveyor and must be in accordance with the City of Sydney's Public Domain Manual. (b) These alignment levels, as approved by Council, are then to be incorporated into the plans submitted with the application for a Construction Certificate, excluding a Construction Certificate for approved preparatory, demolition or shoring work.

(36) STORMWATER AND DRAINAGE - MINOR DEVELOPMENT The drainage system is to be constructed in accordance with Council's standard requirements as detailed in Council's 'Stonnwater Drainage Connection Information' document dated July 2006. This information is available on Council's website - www.cityofsydney.nsw.gov.au. (37) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE (a) A separate application under Section 138 of the Roads Act 1993 is to be made to Council to erect a hoarding and/or scaffolding in a public place and such application is to lnclude.(i) Architectural, construction and structural details of the design in accordance with the Policy for the Design and Construction of Hoarding (September 1997) and the Guidelines for Temporary Protective Struotures (April 2001). Structural certification prepared and signed by an appropriately qualified practising structural engineer.

(ii)

Evidence of the issue of a Structural Works Inspection Certificate and structural certification will be required prior to the commencement of demolition or construction works on site. Assessment of the impacts of construction and final design upon the City 'of Sydney's street furniture such as bus shelters, phone booths, bollards and litter bins and JCDecaux street furniture i~cluding kiosks, bus shelters, phones, poster bollards, bench seats and littler bins. The applicant is responsible for the cost of removal, storage and reinstallation of any of the above as a ·result of the erection of the hoarding. In addition, the applicant is responsible for meeting any revenue loss experienced by Council as a result of the removal of street furniture. Costing details will be provided by Council. The applicant must also seek permission from the telecommunications carrier (e.g. Telstra) tor the removal of any public telephone. . (b) Should the hoarding obstruct the operation of Council's CCTV Cameras, the applicant must relocate or replace the CCTV camera within the hoarding or to an alternative position as determined by Council's Contracts and Asset Management Unit for the duration of the .consnuctlon of the development. The cost of relocating or replacing the CCTV camera is to be borne by the applicant. Further information and a map of the CCTV cameras is available by contacting Council's CCTV Unit on 9265 9232.

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NOTICE OF DETERMINATION -APPROVAL (0)

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The hoarding must comply with the Councils policies for hoardings and temporary structures on the public way. Graffiti must be removed from the hoarding within one working day.

(38) BARRICADE PERMIT Where construction/building works require the use of a public place including a road or footpath, approval under Section 138 of the Roads Act 1993 for a Barricade Permit is to be obtained from Council prior to the commencement of work. Details of the barricade construction, area of enclosure and period of work are required to be submitted to the satisfaction of Council. (39) ADVANCE TREE PLANTING (a) Tree planting within the property must be undertaken in accordance with the following conditions, and to Council's satisfaction, prior to the issuing of the Occupancy Certificate. One (1) tree is to be plant within the rear yard at the completion of all construction works. The tree species, when mature, must attain a minimum height of no less than eight (8) metres. The tree must be grown to NATSPEC Guidelines for Specifying Trees to ensure quality trees and more successful establishment. At the time of planting, the container size is to be a minimum of 100 litres of litres and a minimum height of 2.5metres metres. The tree must be planted by a qualified Hortlculturallst or Arborist of Level 2 under the Australian Qualifications Framework (AQF). The replacement planting/s must be planted in such a manner as to promote good health during the establishment period, and must be rnalntalned, as far as practicable to ensure tree growth into maturity. Written confirmation is to be obtained from Council that all tree planting{s have been completed to Council's satisfaction (excluding tree maintenance) prior to the issue of an Occupation Certificate. Any newly planted tree that fails to establish within 12 months of the initial planting date must be replaced with a tree of comparable qualities.

(b) (c) (d) (e)
(f)

(g)

(h)

(i)
(40)

SYDNEY WATER CERTIFICATE (QUICK CHECK) (a) The approved plans must be submitted to a 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 WWVoJ.sydneywater.com.au, see Building Developing and ( Plumbing then Quick Check) or telephone 13 20 92. The consent authority or a Certifying Authority must ensure that a Quick Cbeck agent/Sydney Water has appropriately stamped the plans before the commencement of work.
Page 12

(b)

NOTICE OF DETERMINATION {41)

-APPROVAL

0/2011/90
- MINOR

WASTE AND RECYCLING

MANAGEMENT

The proposal must comply with the relevant provisions of Council's Policy for Waste Minimisation in New Developments 2005 which requires facilities to minimise and manage waste and recycling generated by the proposal. SCHEDULE1C DURING CONSTRUCTION/PRIOR (42) BASI X All commitments listed in each relevant BASIX Certificate for the development must be fulfilled prior to an Occupation Certificate being issued. (43) HOURS OF WORK AND NOISE - OUTSIDE CSD The hours of construction (a) and work on the development must be as follows: TO OCCUPATlONfCOMPLETION

All work, including buHding/demolition and excavation work, and activities in the vicinity of the site generating noise associated with preparation for the commencement of work (eg. loading and unloading of goods, transferring of tools etc) in connection with the proposed development must only be carried out between the hours of 7.30am and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm on Saturdays, with safety inspections being permitted at 7.00am on work days, and no work must be carried out on Sundays or public holidays. All work, including demolition, excavation and building work must comply with the City of Sydney Building Sites Noise Code and Australian Standard 2436 1981 "Guide to Noise Control on Construction, Maintenance and Demolition Sites".
ft

(b)

(44)

USE OF APPLIANCE

OF A HIGHLY INTRUSIVE

NATURE

This development consent does not extend to the use of appliances which emit noise of a highly intrusive nature (such as pile - drivers and hydraulic hammers) or are not listed in Groups 8, C, 0, E or F of Schedule 1 of the City of Sydney Code of Practice for Construction Hours/Noise 1992 and Australian Standard 2436-1981 "Guide to Noise Control on Construction, Maintenance and Demolition Sites". A separate application for approval to use any of these appliances must be made to Council. A separate approval must be granted from the Principal Certifying Authority prior to the operation on site of any Category A appliances (such as pile-drivers and hydraulic hammers). or equipment not listed in Groups 8, C, D, E or F of Schedule 1 of the City of Sydney Code of Practice for Construction' Hours/Noise 1992 and Australian Standard 2436-1981 "Guide to Noise Control on Construction, Maintenance and Demolition Sites". Note: Form 0 in the appendix of the Code of Practice for construction hours/noise (1992) must be completed by a suitable qualified person who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic consultants and submitted with supporting information concerning justification of the use of such equipment with consideration of

Page 13

NOTICE OF DETERMINATION

-APPROVAL

0/2011190

alternative equipment. Further Compliance Team if required. (45) SITE NOTICE OF PROJECTS

advice

should

be sought

from

the

Health

DETAILS AND APPROVALS

A site notice is to be prominently displayed at the boundary to each frontage of the site for the purposes of informing the public of appropriate project details and relevant approvals. The notice(s) is to satisfy all of the following requirements: (a) Minimum dimensions of the notice are to measure 841mm x 594mm (A1) with any text on the notice to be a minimum of 30 point type size; The notice is to be durable and weatherproof throughout the construction period; and is to be displayed

(b)

(c)

A copy of the first page of the development approval, building approval (including any modifications to those approvals) and any civic works approvals is to be posted alongside the notice in weatherproof casing; The approved hours of work, the Principal Certifying Authority including contact address and certification details, the name of the site manager, the responsible managing company, its address and 24 hour contact phone number for any enquiries, including construction/noise complaint, are to be displayed on the site notice;

Cd)

(e)

The notice(s) is to be mounted at eye level on the perimeter hoardings and is also to state that unauthorised entry to the site is not permitted.
- NEIGHBOURING proposed structure PROPERTIES shall encroach onto the adjoining

(46)

ENCROACHMENTS No portion properties. of the

(47~ ENCROACHMENTS

- PUBLIC WAY

No portion of the proposed structure, including gates and doors during opening and closing operations, shall encroach upon Council's footpath area. (48) SURVEY All footings and walls adjacent to a boundary must be set out by a registered surveyor. On commencement of brickwork or wall construction a survey and report must be submitted to the Principal Certifying Authority indicating the position of external walls in relation to the boundaries of the allotment.

(49) SURVEY CERTIFICATE

AT COMPLETION

A Survey Certificate prepared by a Registered Surveyor must be submitted at the completion of the building work certifying the location of the building in relation to the boundaries of the allotment.

(50)

COVERING OF LOADS All vehicles involved in the excavation and/or demolition process and departing the property with demolition materials, spoil or loose matter must have their loads fully covered before entering the public roadway.
Page 14

NOTICE OF DETERMINATION

- APPROVAL

0/2011/90

{51} PROTECTION OF STREET TREES DURING CONSTRUCTION All street trees adjacent to the site not approved for removal must be protected at all times during demolition and construction, in accordance with Council's Tree Preservation Order. Details of the methods of protection must be submitted to and be approved by Council prior to the issue of the Construction Certificate and such approval should be forwarded to the Principal Certifying Authority. All approved protection measures must be maintained for the duration of construction and any tree on the footpath which is damaged or removed during construction must be replaced.
(52) VEHICLE CLEANSING

Prior to the commencement of work, suitable measures are to be implemented to ensure that sediment and other materials are not tracked onto the roadway by vehicles leaving the site. It is an offence to allow, permit or cause materials to pollute or be placed in a position from which they may pollute waters.
(53) STREET NUMBERING ~ SINGLE DWELLINGS/MINOR DEVELOPMENT

Prior to an Occupation Certificate being issued, a street number must be clearly displayed at in accordance with the Policy on Numbering of Premises within the City of Sydney. If new street numbers or a change to street numbers is required, a separate application must be made to Council. (54) OCCUPATION
CERTIFICATE TO BE SUBMITTED

An Occupation Certificate must be obtained from the Principal Certifying Authority and a copy submitted to Council prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of. or an extension to an existing building.
(55) LOADING AND UNLOAD1NG DURING CONSTRUCTION .

The following requirements apply; (a) (b) (c) All loading and unloading associated with construction activity must be accommodated on site. If, during excavation, it is not feasible for loading and unloading to take place on site, a Works Zone on the street may be considered by Council. A Works Zone may be required if loading and unloading is not possible on site. If a Works Zone is warranted an application must be made to Council at least 8 weeks prior to commencement of work on the site. An approval for a Works Zone may be given for a specific period and certain hours of the days to meet the particular need for the site for such facilities at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities. In addition to any approved construction zone, provision must be made for loading and unloading to be accommodated on site once the development has reached ground level.

(d)

Page 15

NOTICE OF DETERMINATION

-APPROVAL

D/2011/90

(e)

The structural design of the building must allow the basement and/or the ground floor to be used as a loading and unloading area for the construction of the remainder of the development. OF PUBLIC WAY

(56)

NO OBSTRUCTION

The public way must not be obstructed by any materials. vehicles, refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of a notice by Council to stop all work on site. (57) RAINWATER TANKS

The installation and use of the rainwater tank(s) must comply with the following: (a) be constructed of a non-reflective, structurally material with a leaching resistant capability; sound and non-corrosive

(b)

have all plumbing work carried out by a licensed plumber in accordance with the New South Wales Code of Practice- Plumbing and Drainage and AS35QO and Guidelines for rainwater tanks on residential propartlssPlumbing requirements, be installed by suitably qualified persons and be fixed to structurally adequate base or wall in accordance with manufacturer's specifications or engineer's details; not be fixed to, or otherwise supported by a bounding common fence, wall or the like, without the prior approval being obtained from the adjoining land ownerls; . be fitted with a first flush device; have openings suitably sealed to prevent access by children and be fitted with a fine mesh screen to prevent penetration of contaminants and insects such as mosquitoes; have an overflow device fitted to the rainwater tank which directs water to a complying stormwater drainage system; have a suitable drainage plug/tap fitted and positioned flushing and cleaning of the tankls; to allow for easy

(c)

(d)

(e) (f)

(g)

(h)

(i)

where water pumps are installed, be located so as to not cause an offensive noise as defined by the Protection of the Environment Operations Act 1997; have all taps, outlets and pipes coloured 'mauve' and marked potable water - not for drinking" in accordance with the AS 1345. "non-

U)

Page 16

NOTICE OF DETERMINATION SCHEDULE 2 PRESCRIBED The prescribed CONDITIONS conditions

- APPROVAL

0/2011/90

in accordance

with Division

SA of the Environmental

Planning and Assessment Regulation 2000 apply:
Clause 98 Compliance with Building Code of Australia and insurance requirements underthe Home Building Act 1989 Erection of signs Notification of Horns Building Act Conditions relating

Clause

9SA

Clause 98B Clause 98C Clause 9BD

1989 requirements

to entertainment venues

Conditions relating to maximum capacity signage

Clause 98E

Conditions relating to shoring and adequacy of adjoining property

Refer to the NSW state legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at: http://www.legislation.nsw.gov.au

Page 17

IMPORTANT ADDITIONAL

INFORMATION

A Review of this determination by the Small Permits Appeal Panel must be made in writing. An application form is available at the One Stop Shop. A maximum fee of $500 applies.
The Environmental Planning and Assessment Act 1979 requires you to:

1.

Obtain a Construction Certificate prior to the commencement of any works. An application may be lodged with Council, or you may apply to a private accredited certifier for a Construction Certificate. An accredited certifier must obtain Council's approval to certain conditions of this development consent, where indicated before issuing the Construction Certificate. Nominate a Principal Certifying Authority (PCA) which may be either Council or an accredited certifier and notify Council ofthat appointment. You cannot lawful[y commence works without complying with this requirement. Give Council at least two days notice of your intention to commence the erection of a building before commencing construction works. You cannot lawfully commence works without complying with this requirement.

2.

3.

4.

Obtain an to use the sign. You complying

Occupation Ceriificate before commencing occupation or commencing
building Or on the completion of other works including the erection of a cannot lawfully commence occupation or the use of a building without with this requirement.

You may also need to:

5. 6.

Lodge an Application for Approval under Section 68 of the Local Government Act 1993 for an activity under that Act, including the erection of a hoarding. Lodge an Application for SubdIvision to obtain a Subdivision Certificate if a land (including stratum) subdivision is proposed and an Application for Subdivision to obtain Strata Title Subdivision under the relevant Strata TItles Act, if strata title of the development is proposed. Comply with the Food Act 2003, the Australia New Zealand Food Standards Code, Australian Standard 4674 - 2004, and register the business with Council if the premises is used for the manufacture, preparation, packing, storing, conveying or delivering of food or beverage for sale. Contact Sydney Water, Rockdale (Urban Development water and sewerage services to this development. Section) regarding the

7.

8.
9.

r, ·Appficatlo·ns'i-ncfs"iibmissiQ-ii-s-refer·red ·to In·this-co-n-s·enTm-a:Y·be··io·'i"ged i CBO Level 2, Town Hall House, 456 Kent St, Sydney.
!

Carry out critical stage inspections in accordance with Section 109E of the EP&A Act 1979 and clauses 162A, 1628 and 1630fthe EP&A Regulation 2000.

·at:-·_·_·_-··_·j

'

;

KINGS CROSS 50-52 Darlinghurst Rd, Kings Cross. I GLEBE Customer Service Centre, 186 Glebe Point Rd, Glebe. you have any enquiries on any aspect of this consent, contact Catherine Burke

llf

I ph. 92659040, L..._...__._.,. _._... ., ,. _

email cburke@cityofsydney.nsw.gov.au.

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