VC: GR

 

6 October 2010

 

 

 

 

 

 

 

 

 

 

 

Dear Councillor/Sir/Madam

 

You are invited to attend an ORDINARY MEETING of Ashfield Council, to be held at the Haberfield Library, 78 Dalhousie Street, Haberfield, on TUESDAY  12 OCTOBER 2010 at 6:30 PM.

 

 

Yours faithfully

 

 

 

 

 

 

 

 

VANESSA CHAN

General Manager

 

SEE ATTACHED AGENDA


 

Ordinary Meeting - 12 October 2010

 

AGENDA

 

1.                      Opening

 

2.                      Acknowledgement of Local Indigenous Community

 

3.                      Apologies/Request for Leave of Absence

                   

4.                      Condolence and Sympathy Motions

 

5.                      Moment of Private Contemplation

 

6.                      Disclosures Of Interest

 

Disclosures to be made by any Councillors who have a pecuniary / non-pecuniary interest in respect of matters that are before Council at this meeting.

(12/10/2010)

 

7.                      Confirmation of Minutes of Council/Committees

 

Women in Local Government Committee of Ashfield – 24/08/2010

Ashfield Youth Committee – 20 /09/2010

Ordinary Meeting - 28/09/2010

Strategic Planning & Economic Development Committee - 28/09/2010

 

8.                      Mayoral Minutes

Nil

 

9.                      Notices of Motion

 

NM19/2010  PARKING AROUND EDWIN STREET NORTH AND ELIZABETH STREET CROYDON

 

10.                  Staff Reports

 

10.1     DEVELOPMENT APPLICATION: 10.2001.471.6
315-319 PARRAMATTA ROAD, HABERFIELD

 

10.2     DEVELOPMENT APPLICATION NO: 10.2009.193.1
164 ALT STREET, HABERFIELD

 

10.3     PLANS OF MANAGEMENT FOR HAMMOND, CENTENARY AND ALGIE PARKS

 

10.4     AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION CONFERENCE

11.                  General Business

 

12.                  Close

 

 

 

 

 

 

document77

Ashfield Council

 

Ordinary Meeting - 12 October 2010

 

 

9         Summary of  Notices Of Motion

 

9.1         PARKING AROUND EDWIN STREET NORTH AND ELIZABETH STREET CROYDON. Monica Wangmann - Councillor. Report submitted.

(05/10/10)                                                                                                 Traffic & Parking

                                                     h:\reports.bp\Council\Reports\CM121010NM_19.doc

                                                                                                         NM19/2010 Attached

 

Accordingly, I move:-

 

1/5         Where-ever possible and within the next four months, Council investigate and install additional signage, to permit parking closer than 10 metres to corners of dead end streets, main streets and alleys,  in the Croydon Village precinct.

 

2/5         That some timed parking from 9am until 6pm be provided in Edwin Street North between Elizabeth St and Anthony St, on the Eastern side, in front of existing businesses. That the signs be installed within the next two    months.

3/5         That Council identifies,
a)      existing time parking zones, that have exclusion  (no parking/no   stopping/ no standing) times during business hours,
b)      no standing zones

c)      no stopping zones and
d)      no parking zones
          in streets and alleys near Croydon Village, including Elizabeth Street.  That Council rezones them, wherever possible, to permit expanded time period/ranges of time for parking and additional customer         parking, during business hours
.

 

4/5        That these changes take effect no later than the next six months and as soon as possible, after appropriate community consultation has          occurred.

 

5/5        That the matter be brought back to Council for further consideration     should there be any concern raised by the community.

  


Ashfield Council – Report to Ordinary Meeting held on Tuesday 12 October 2010

NM19/2010

Traffic & Parking

NOTICE OF MOTION OF WHICH DUE NOTICE HAS BEEN GIVEN BY

 

COUNCILLOR Monica Wangmann

 

 

PARKING AROUND EDWIN STREET NORTH AND ELIZABETH STREET CROYDON

     

 

To move Notice of Motion No. NM19/2010

 

For at least a decade, Ashfield Council has examined ways to improve the appearance of the Croydon Village and assist businesses there.

We have investigated opportunities for and created some additional customer parking. Unsuccessfully approached State Rail for use of their land to provide angle parking on Hennessy Street.  In about 2001 we spent $200,000 to improve drainage, provided additional attractive street lighting, seating and under awning lighting in the area. More recently, we obtained significant Federal funding, in addition to our own funds, for major street works there.  Further significant street works (stage 2) will commence about March 2011. For non-residential development applications and to encourage new and existing Croydon businesses, that do not intensify their use of the land,  Council has modified its planning requirements by eliminating the need for additional off street parking. 

The steps above are some of the strategies used to help businesses survive and establish in the area, however customers still have difficulty parking in Croydon
.

 

Officers Comments

 

Director of Works & Infrastructure, Stephen Joannidis

 

The matters require thorough examination and time to assess changes to parking in the area and the implications this would have on the community and further street scape works proposed in the area. Any changes may affect the area on a wider and broader scale, and should be included under the major traffic and parking study, which is subject to funding and resources being made available.

The matter in regard to parking in Edwin Street North near Elizabeth Street will be raised for discussion at the next traffic committee meeting on the 15 October 2010, however all other matters will need time and further investigation and will be raised for discussion at the following December meeting of the Traffic Committee.

 

 

 

 

ATTACHMENTS

There are no supporting documents for this report.

 

 

 

 

Accordingly, I move:-

 

1/5    Where-ever possible and within the next four months, Council investigate           and install additional signage, to permit parking closer than 10 metres to           corners of dead end streets, main streets and alleys,  in the Croydon           Village precinct.

2/5    That some timed parking from 9am until 6pm be provided in Edwin Street           North between Elizabeth St and Anthony St, on the Eastern side, in front           of existing businesses. That the signs be installed within the next two           months.

3/5    That Council identifies,
          a)      existing time parking zones, that have exclusion  (no parking/no                      stopping/ no standing) times during business hours,
          b)      no standing zones

          c)      no stopping zones and
         
d)      no parking zones
                   in streets and alleys near Croydon Village, including Elizabeth Street.                     That Council rezones them, wherever possible, to permit expanded                              time period/ranges of time for parking and additional customer                                       parking, during business hours
.

4/5    That these changes take effect no later than the next six months and as           soon as possible, after appropriate community consultation has   occurred.

5/5    That the matter be brought back to Council for further consideration           should there be any concern raised by the community
.

 

 

 

 

Monica Wangmann  


document77

Ashfield Council

 

Ordinary Meeting - 12 October 2010

 

 

10       Summary of  Staff Reports

 

10.1       DEVELOPMENT APPLICATION: 10.2001.471.6

315-319 PARRAMATTA ROAD, HABERFIELD. Andrew Johnston - Development Assessment Officer. Report submitted with attachments 1 to 3.

(01/10/10)                                                                                                     10.2001.471.6

                                                       h:\reports.bp\Council\Reports\CM121010SR_3.doc

                                                                                                               CM 10.1 Attached

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) modify Development Consent No. 10.2001.471 for a car wash station and café on Lot A in DP: 420395, known as 315-319 Parramatta Road, Haberfield, as stated in the conditions outlined in the report

 

 

 

10.2       DEVELOPMENT APPLICATION NO: 10.2009.193.1

164 ALT STREET, HABERFIELD. Daisy Younan - Development Assessment Officer. Report submitted with attachments 1 to 3.

(01/10/10)                                                                                                     10.2010.193.1

                                                       h:\reports.bp\Council\Reports\CM121010SR_4.doc

                                                                                                               CM 10.2 Attached

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2010.193 for alterations and additions to an existing dwelling house including demolition of rear and rear side sections of the house and construction of a rear and side addition, a double garage, an under-ground rainwater tank, new concrete driveway strips, an in-ground swimming pool and front fence on Lot 14 in DP: 1756, known as 164 Alt Street, Haberfield, subject to the conditions as stated in the report

 

 

 

 

 

 

 

 

 

 

 

10.3       PLANS OF MANAGEMENT FOR HAMMOND, CENTENARY AND ALGIE PARKS . Nick de Brett - Project Officer. Report submitted with attachments 1 to 3.

(05/10/10)                                                      Parks & recreation>Plans of Management

                                                       h:\reports.bp\Council\Reports\CM121010SR_5.doc

                                                                                                               CM 10.3 Attached

 

1/2         That Council endorse the draft Plans of Management for Hammond Park, Centenary Park and Algie Park

 

              2/2        That the draft Plans of Management for Hammond Park, Centenary Park and Algie Park be placed on exhibition for 28 Days

 

 

 

10.4       AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION CONFERENCE. Vanessa Chan - General Manager. Report submitted with attachment 1.

(05/10/10)                                                                                 Governance>Conferences

                                                       h:\reports.bp\Council\Reports\CM121010SR_6.doc

                                                                                                               CM 10.4 Attached

 

RECOMMENDATION

 

1/2         That Council approve the attendance of interested Councillors at the    Australian Local Government Women’s Conference to be held at Ryde.

 

2/2         That Councillors advise the General Manager of their interest in attending by 20 October.

  

 

 

 

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 12 October 2010

CM10.1

Subject                            DEVELOPMENT APPLICATION: 10.2001.471.6
315-319 PARRAMATTA ROAD, HABERFIELD

 

File Ref                            10.2001.471.6

 

Prepared by                   Andrew Johnston - Development Assessment Officer       

 

 

Reasons                          Application requires Council determination – Review of time-limited consent

 

Objective                         For Council to determine Application

 

Strategic Plan Link       N/A

 

Management Plan         2.11 Development & Building Control, Strategic Planning

Activity

 

 


Overview of Report

 

1.0     Description of Proposal

 

Pursuant to Clause 96(2) of the Environmental Planning and Assessment (EP&A) Act 1979 (as amended) this application seeks Council’s consent to modify Development Consent No. 10.2001.471 for a car wash station and café at 315-319 Parramatta Road, Haberfield. This Section 96 Application seeks the deletion of Condition 1A of the consent which imposed a twelve (12) month trial period for the operation of the car wash station and café twenty-four (24) hours a day, seven (7) days a week.

 

With the deletion of this trial period the Applicant seeks Council’s consent to permanently operate 24 hours a day, 7 days a week. This would also involve the modification of Condition 5 of the consent which outlines the business’ hours of operation.

 

This trial period lapsed on the 24 August 2010 and as such the approved hours of operation for the business are currently 7:00am to 10:00pm, 7 days a week.

 

The Council report prepared for the previous application and Council’s resolution of 25 August 2009 are included as Attachment 1.

 

2.0     Summary Recommendation

 

Based on security and surveillance comments received from NSW Police (Ashfield Police) a condition was imposed with the last approval requiring the installation and upgrading of CCTV cameras at the property. This condition, Condition 1B, required the installation of this system within thirty-one (31) days from the date of the amended consent and further detailed that the business’ extended hours of operation were not to take place before the CCTV system was installed.

 

As a part of the assessment of this Section 96 Application the site was inspected on 27 August 2010. At the time of this inspection the CCTV cameras had not been installed in accordance with the recommendations of the Police. Further comments received from the NSW Police, which were prepared on 24 September 2010, confirmed that the Applicant had not complied with this condition.

 

A further inspection undertaken on 29 September 2010 revealed that the CCTV system has now been installed, with the exception of a camera covering the chemical storeroom area.

 

Condition 1B only permitted the 24 hour operation of the carwash and café after the CCTV system was fully installed and Council was informed of this installation. Therefore, the operation of the business 24 hours a day during the trial period has technically breached Condition 1B of the consent.

 

Whilst it is recognised that no complaints have been received during the trial period it must also be acknowledged that the business should not have been operating 24 hours a day.  That Council were never informed that 24 trading had commenced also prevented monitoring of the business to take place.

 

For the above reasons the approval of permanent 24 hour a day, 7 day a week trading for the carwash and café is not supported. Instead it is recommended that a further six (6) month trial period be approved. This would allow the Applicant to fully comply with all conditions of the consent, including the Police conditions which, in accordance with Council’s resolution, were to be satisfied within eighteen (18) months of the previous approval. The imposition of a further 6 month trial period will also allow Council to further monitor the impact of the business.

 

Background

 

3.0     Application Details

 

Applicant                                 :         Mr W Phillips

Owner                                     :         Wymill Pty Ltd

Value of work                          :         Not applicable

Lot/DP                                    :         LOT: A DP: 420395

Date lodged                            :         11 August 2010

Date of last amendment         :         Not applicable

Building classification             :         5 and 6

Application Type                     :         Integrated*

Construction Certificate         :         No

Section 94A Levy          :         Not applicable

 

* The original proposal was defined as Integrated Development as it required approval under the Rivers and Foreshores Improvement Act 1948, which has since been superseded by the Water Management Act 2000.  However as this Section 96 Application only involves altered hours of operation a further referral to the Department of Water and Energy was not required.

 

4.0     Site and Surrounding Development

 

The subject site is located on the northern side of Parramatta Road, bounded by Dobroyd Parade to the immediate north, Wolseley Street to the south and Cove Street to the east.  The property has a site area of approximately 1255m2. This site is occupied by the Platinum Car Wash Café. A single-storey building operating as a café (refreshment room) exists to the rear of the site whilst a roofed structure and shade sails cover the car washing area to the front.

 

Car-related businesses such as car showrooms, car repair stations, service stations and car wash stations generally dominate along Parramatta Road. Indeed a car repair station and service station exist east of the subject site. Across Parramatta Road to the west is a service station and several drive-through take-away restaurants (Hungry Jacks, Kentucky Fried Chicken and McDonalds). A medium density residential development at 18-20 Knocklayde Street is located behind these restaurants to the west. North of the site, immediately to the rear (and located within a former industrial building), is a childcare centre. Further north, within the Haberfield Heritage Conservation Area, single dwelling houses dominate. Hawthorne Canal is located across Dobroyd Parade to the northeast.

 

5.0     Development History

 

Previous building and development applications submitted to Council for the subject site include:

 

NO.

DATE

PROPOSAL

DECISION

DA: 10.2001.471.1

24/05/2003

Alterations and additions to the existing building and the use of the site as a car wash station and cafe

Approved

DA: 10.2001.471.2

17/07/2003

Amdt. to DA: 10.2001.471

Withdrawn

DA: 10.2001.471.3

17/07/2003

Amdt. to DA: 10.2001.471

Withdrawn

DA: 10.2001.471.4

08/09/2003

Amdt. to DA: 10.2001.471

Approved

DA: 10.2001.471.5

25/08/2009

Amdt. to DA: 10.2001.471 (to permit the operation of the carwash and café 24 hours a day 7 days a week).

Approved (12 month trial period)

 

Previous consents were noted in the assessment of this application. Hours of operation of 8:00am to 7:00pm, 7 days a week, were initially approved for the car wash and cafe. These operating hours were then modified to 7:00am to 10:00pm, 7 days a week, with DA: 10.2001.47.4.

 

The most recent approval issued for the subject property was DA: 10.2001.471.5. This consent, which was approved on 25 August 2010 at a Council meeting, permitted a 12 month trial period for the carwash and café to operate 24 hours a day, 7 days a week. In addition to the conditions recommended in prepared report, Council resolved the following:

 

·           That the final six general design comments recommended by the NSW Police on 31/07/09 be incorporated into the conditions of consent and be required to be completed within 18 months.

·           That for condition 1C paragraph 3 include “and Cove Street” after 18-20 Knocklayde Street.

 

·           That Council Officers actively canvas residents on noise intrusion and any other adverse amenity impacts surrounding the 315 Parramatta Road site, twice during the 12 month trial period, once after 6 months and again before the application is presented to Council.

 

The current Section 96 Application (DA: 10.2001.471.6) has been submitted to allow the car wash and café to permanently operate 24 hours a day, 7 days a week.

 

Assessment

 

6.0     Zoning/Permissibility/Heritage

 

·     The site is zoned 3(b)-Special Business under the provisions of Ashfield Local Environmental Plan (LEP) 1985.

·     The property is located within the vicinity of the Haberfield Heritage Conservation Area.

·     The property is located within 40m of a water body (Hawthorne Canal)*.

 

The proposed works are permissible with Council consent.

 

* The subject property is located within 40m of Hawthorne Canal. Certain forms of building work would be defined as ‘integrated development’ and a referral to the Department of Water and Energy would be required. However, as detailed previously in this report, no such referral is required in this instance as no building work is proposed with this Section 96 Application.

 

Advice was received from the NSW Office of Water (formerly known as the Department of Land and Water Conservation and the Department of Water and Energy) during the assessment of the original development application.

 

7.0     Section 79C and 96 Assessment

 

The following is an assessment of the application with regard to the heads of consideration under the provisions of Sections 79C and 96(2) of the EP&A Act.

 

7.1     The provisions of any Environmental Planning Instrument

 

7.1.1  Local Environmental Plans

 

Ashfield Local Environmental Plan 1985 (as amended)

 

Clause 2(a) of the Ashfield LEP aims to “promote the orderly and economic development of the local government of Ashfield in a manner consistent with the need to protect the environment”. Subject to the appropriate management of the site it is considered that the proposal may satisfy the aims and objectives of the Ashfield LEP given that the site is located on Parramatta Road. However, as the proposal seeks hours outside ‘normal’ trading hours and previously imposed conditions were not fully satisfied, at this stage it is felt that Council should not agree to the permanent extension of trading hours.

 

On this basis it is recommended that Council again impose a trial period for the 24 hour operation of the car wash and café. This would enable Council to monitor the extended hours and consider any complaints before approving the permanent 24 hour, 7 day a week operation of the car wash and café.

 

7.1.2  Regional Environmental Plans

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

It is considered that the carrying out of the proposed development is generally consistent with the objectives of the Plan and would not have any adverse effect on environmental heritage, the visual environment, the natural environment and open space and recreation facilities.

 

7.1.3  State Environmental Planning Policies

 

State Environmental Planning Policy No. 1 – Development Standards

 

Not applicable.

 

State Environmental Planning Policy No. 6 – Number of Storeys in a Building

 

Not applicable.

 

State Environmental Planning Policy No. 22 – Shops and Commercial Premises

 

Not applicable.

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

Remediation of the site is not required.

 

State Environmental Planning Policy No. 64 – Advertising and Signage

 

Not applicable as no additional signage is proposed as a part of this application.

 

7.2       The provisions of any Draft Environmental Planning Instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority.

 

Not applicable.

 

7.3       The provisions of any Development Control Plan.

 

The proposal has been assessed against the provisions of the Ashfield Development Control Plan (DCP) 2007:

 

C1

ACCESS ADAPTABILITY AND MOBILITY

Not applicable. No works are proposed to modify the approved level of access for the property.

C2

ADVERTISEMENTS AND ADVERTISING STRUCTURES

Not applicable as no additional signage is proposed as a part of this application.

C7

HABERFIELD HERITAGE CONSERVATION AREA

Not applicable as the subject property is not located within the Haberfield Heritage Conservation Area.

C10

HERITAGE CONSERVATION

As no building works are proposed with this application it is considered that the development will not further impact on the character or significance of the Haberfield Heritage Conservation Area in comparison to the original consent.

 

The imposition of a further trial period will also allow Council to monitor impacts to nearby residential properties within the conservation area.

C11

PARKING

The layout of the carpark and access arrangements will not be altered by this proposal. Council’s Works and Infrastructure Department has raised no objection to the proposal.

C12

PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT

The proposal was notified in accordance with Council’s Public Notification DCP.

 

7.4       Any matters prescribed by the regulations that apply to the land to which the development application relates.

 

These matters have been considered in the assessment of this application.

 

7.5       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts on the locality.

 

These matters have been considered as part of the assessment of the development application.  Ideally, intermediary buffer zones would exist between residential zones and intensive commercial zones such as those located along Parramatta Road. However the traditional congregation of car-related businesses along Parramatta Road and the current zonings prevent the establishment of such buffers.

 

A number of commercial uses with extended hours of operation, such as service stations and drive-through restaurants, exist within the vicinity of the subject property along Parramatta Road. As such the operation of this car wash station and café 24 hours a day, 7 days a week is not considered to be completely out of context.

 

It was for this reason that a 12 month trial period was imposed with DA: 10.2001.471.5 to determine if the business could operate 24 hours a day, 7 days a week without compromising the residential amenity of neighbours. Whilst no complaints were received during the most recent notification periods detailed in Section 7.7 of this report, the conditions of the previous consent were not fully satisfied.

 

7.6       The suitability of the site for the development

 

These matters have been considered as part of the assessment of the development application. There are no natural hazards or other site constraints that are likely to have a significant adverse impact upon the proposed development. 

 

It should be noted that a number of businesses operate 24 hours a day along Parramatta Road, including service stations and a McDonald’s restaurant in close proximity to the subject property.

 

7.7       Any submissions made in accordance with this Act or the regulations

The proposal was notified to all adjoining and nearby affected property owners, occupants, the Haberfield Association and Councillors from 23 August 2010 until 15 September 2010.

 

It should also be noted that the comments from neighbours were also requested between 16 June and 9 July 2010 in response to Council’s resolution of 25 August 2009.

 

7.7.1 Summary of submissions

 

No submissions were received during the notification of the Section 96 Application or during the trial period. Three (3) submissions (Attachment 2) were received during the notification of the previous application (DA: 10.2001.471.5):   

 

Submissions

Notification of

DA: 10.2001.471.5

Notification during Trial Period

Notification of current Section 96 Application

Mrs C Ferraro

10 Cove Street

HABERFIELD  NSW  2045

ü

O

O

Mr C and Mrs T Maresso

12 Cove Street

HABERFIELD  NSW  2045

ü

O

O

Mr P and Mrs M Humphreys

17 Wolsley Street

HABERFIELD  NSW  2045

ü

O

O

 

A number of concerns were raised during the notification of DA: 10.2001.471.5, including noise, undesirable social behaviour and the possible use of the premises as a taxi change-over base.

 

However during the two most recent notification periods no submissions were received.

 

7.7.2  Mediation

 

Not applicable.

 

7.8     The public interest

 

The Applicant’s failure to satisfy all of the conditions of the previous consent relating to security and noise means that the 24 hour, 7 day a week operation of the carwash and café cannot currently be supported.

 

7.9     Section 96 Assessment

 

The proposal comprises substantially the same development as that which was previously approved. However, given the nature of the proposal – and the potential impacts – it has been considered against the provisions of Section 96(2) of the EP&A Act.

 

8.0     Referrals

 

8.1     Internal

 

Environmental Health – The Environmental Health Team Leader expressed a concern with the acoustic report submitted with the previous application in that it did not refer to noise generated by vacuum cleaners. In response to these concerns, and in response to comments received from the Applicant’s Acoustic Engineer, the following condition was imposed with the determination of this previous application:

 

1C       During the extended hours imposed by Condition 1A of this amended consent, i.e. between the hours of 10:00pm to 7:00am, no more than two (2) vacuum cleaners are to be used at any one time.

 

            In addition two (2) acoustic reports are to be prepared by a suitably qualified person and submitted to Council as a part of the ongoing monitoring of the car wash station and café during the extended operating hours imposed by Condition 1A of this amended consent, i.e. between the hours of 10:00pm to 7:00am. The first acoustic report shall be submitted to Council within three (3) months from the date of the determination of this amended consent to measure operational noise levels against the Environmental Protection Authority (EPA) Industrial Noise Code Policy (January 2000) and other relevant guidelines. The second acoustic report shall be submitted to Council within nine (9) months from the date of the determination of this amended consent.

 

            These acoustic reports shall include noise readings taken from the residential flat building development at 18-20 Knocklayde Street and at Cove Street in addition to the locations measured in the report prepared by PKA Acoustic Consulting and dated June 2009.

 

The acoustic report submitted with the current application fails to satisfy this condition in that at least two readings were to be undertaken and that they were to be submitted during the trial period (in part to advise Council that 24 hour trading had commenced).

 

Having reviewed the submitted acoustic report, the Environmental Health Team Leader maintains his concerns about the scope of the report. In this regard it is agreed that the absence of vacuums is a limitation of the submitted acoustic report. 

 

Should the recommendation of a further 6 month trial period be supported it is recommended that this condition be modified to both monitor the operation of the business and minimise potential noise impacts. In particular it is recommended that the condition be modified so that Council is notified when testing is to take place to ensure the business is operating when the readings are taken. It is further recommended that any new reports include the use of all available vacuums.

 

Engineering – Council’s Senior Infrastructure Engineer previously raised no objection to the extension in trading hours. The extended hours of operation will not result in unacceptable traffic generation through the surrounding streets as the extended hours fall outside of peak traffic times.

 

Heritage Advisor – As no building works are proposed with this application the proposal was not referred to Council’s Heritage Advisor.

 

8.2     External

 

NSW Police

 

During the assessment of the previous application the proposal was referred to NSW Police for assessment against the design principles outlined in the Crime Prevention through Environmental Design (CPTED) guidelines. In response to the comments received from the Police the following conditions were imposed on DA: 10.2001.471.5:

 

1B        The digital CCTV system for the site shall be upgraded inline with the NSW Police comments dated 31 July 2009 and to the satisfaction of Council. The existing number of CCTV cameras shall be upgraded from four (4) to eight (8) to achieve complete coverage of the site and eliminate blind spots that exist:

 

-           within the café enabling clear images of persons entering and leaving the café,

-           throughout the car washing bays, and

-           within the ‘chemical room’ storage area.

 

            The upgraded surveillance equipment shall also address the following matters:

 

-           Cameras should be installed within and around the business to maximise surveillance opportunities,

-           Cameras should monitor the Cashier’s area and areas with poor natural supervision,

-           TV monitors should enable staff to monitor activities on the camera,

-           Recording equipment should be installed away from the counter area to avoid tampering.

 

            The upgraded CCTV system must be installed within thirty-one (31) days from the date of the amended consent. Details of the CCTV system shall be provided to Council once the upgrade is completed.

 

            Failure to upgrade/install this CCTV system or provide the required details to Council will prevent the 12-month trial period listed in Condition 1A from being operational and the car wash station and café will have to operate in accordance with Condition 5 until such time that the system is upgraded.

 

            The extended hours shall only commence once the CCTV system has been upgraded.

 

1D       The development must incorporate the NSW Police comments dated 31 July 2009:

 

·             Security lighting shall be installed and maintained in and around the site, particularly over entry/exit points to create an even distribution of light with no glare e.g. sensor lighting, floodlighting.

·             Signage is to be erected restricting public access to the ‘chemical room’/storage area and rear office. These signs shall warn intruders that they will be prosecuted.

·             A maintenance policy, including a graffiti removal strategy, shall be submitted to Council.

·             Staffing levels are to be maintained to sufficiently allow for adequate local guardianship and surveillance to be maintained, particularly during late night extended trading hours.

·             Locksets (complying with the Australian and New Zealand standard) shall be fitted to the café sliding doors, the café storeroom and the rear office door. Locksets shall also be fitted to the ‘chemical room’/storage facilities to allow staff to access/secure these areas when required.

 

These points are to be satisfied within eighteen (18) months from the date of the determination of this amended consent.

 

With the submission of the current application, the proposal was again referred to the Police. A formal response from the Police has been received and is included as Attachment 3.

 

These comments confirm that the required CCTV system was not fully installed in accordance with Condition 1B of the consent. As the CCTV system was not installed as required, the carwash and café should not have been operating 24 hours a day during the 12 month trial period. In addition Council was not notified the installation, or the commencement of extended trading hours, as required under this condition.

 

A further inspection of the site on 29 September 2010 revealed that the CCTV system has since been upgraded, although no coverage of the chemical room storage area has been provided as required. 

 

As a result of this non-compliance concerns remain about the ability of the development to operate without adversely impacting on the amenity of residential neighbours within the vicinity. In addition Council must question whether permanent 24 hour trading should be granted when the Applicant has demonstrated that the conditions of consent cannot be complied with.

 

With respect to Condition 1D, not all of the security matters detailed in this condition have not been complied with.  It should be noted however that the resolution requiring the imposition of this condition allowed these matters to be satisfied within eighteen (18) months, i.e. the Applicant has until 25 February 2011 to satisfy this condition.

 

The approval of a further 6 month trial period would therefore allow these Police conditions to be satisfied and allow Council to further monitor the acceptability of the business’ operations.

 

9.0     Other Relevant Matters

 

Use of site as Taxi Change-Over Base

 

Council has received a number of complaints in the past about the use of Cove Street for the change-over of taxis. In an attempt to prevent the use of the subject site as a taxi change-over base Condition 11A was imposed with the most recent consent. This condition states:

 

The site must not be used for the parking of any vehicles other than:

 

(i)         the vehicles of staff whilst they are on duty;

(ii)        customers’ vehicles in the process of being washed; and

(iii)       customers’ vehicles that are onsite whilst the customer is consuming food and beverages from the café.

 

During the two most recent notification periods relating to this development no objections were received from neighbours with respect to the use of the site as a taxi change-over base.

 

10.0   Building Code of Australia (BCA)

 

A obtainment of construction certificate would not be required for the modified development.

 

Financial Implications

 

Nil.

 

Other Staff Comments

 

See Section 8.1 of this report.

 

Public Consultation


See Section 7.7 of this report.

 

Conclusion

 

The application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act 1979 (as amended) with all matters specified under Section 79C and 96(2) having been taken into consideration. Given that the subject property is located on a major road and other developments within the vicinity operate 24-hours a day it is felt that consideration may be given to the extension of the existing car wash and café’s hours of operation.

 

However, as the development seeks to operate outside ‘normal’ trading hours and conditions of the previous consent have not been complied with, the approval of a further 6 month consent (trial period) is recommended.

 

 

 

ATTACHMENTS

Attachment 1View

Attachment 1 - Previous Report and Council Resolution

13 Pages

 

Attachment 2View

Attachment 2 - Submissions

3 Pages

 

Attachment 3View

Attachment 3 - NSW Police Comments

2 Pages

 

 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) modify Development Consent No. 10.2001.471 for a car wash station and café on Lot A in DP: 420395, known as 315-319 Parramatta Road, Haberfield, as stated in the conditions outlined in the report.

 

 

Conditions

 

Condition 1A is to be modified as follow:

 

1A        A six (6) month trial period is granted for the operation of the car wash station and café twenty-four (24) hours a day, seven (7) days a week. This trial period will lapse on 12 April 2011.

 

Upon the cessation of this 6 month trial period the hours of operation for the car wash station and café will revert back to the hours imposed under Condition 5 of the consent, i.e. the hours of operation will be 7:00am to 10:00pm, 7 days a week.

 

A further application for the consideration of Council is required to be submitted prior to the expiration of the trial period – but no sooner than five (5) months into the operation of the extended hours – should the applicant wish to continue the extended hours beyond this 6 month trial period.

                                                          

Note:    Council will not entertain further requests to extend the business’ hours of operation should Conditions 1B, 1C and 1D not be satisfied.

 

1B       The digital CCTV system for the site shall be upgraded inline with the NSW Police comments dated 24 September 2010 and to the satisfaction of Council. The existing number of CCTV cameras shall be upgraded from four (4) to eight (8) to achieve complete coverage of the site and eliminate blind spots that exist:

 

-     within the café enabling clear images of persons entering and leaving the café,

-     throughout the car washing bays, and

-     within the ‘chemical room’ storage area.

 

            The upgraded surveillance equipment shall also address the following matters:

 

-     Cameras shall be installed within and around the business to maximise surveillance opportunities,

-     Cameras shall monitor the Cashier’s area and areas with poor natural supervision,

-     TV monitors shall enable staff to monitor activities on the camera,

-     Recording equipment shall be installed away from the counter area to avoid tampering.

 

The upgraded CCTV system must be installed within thirty-one (31) days from the date of the amended consent, i.e. by the 12 November 2010. Council is to be advised when the CCTV upgrading is completed.

 

Failure to upgrade/install this CCTV system or provide the required details to Council will prevent the 6 month trial period listed in Condition 1A from being operational and the car wash station and café will have to operate in accordance with Condition 5 until such time that the system is upgraded.

 

The extended hours shall only commence once the CCTV system has been upgraded.

 

1C       An acoustic report, consisting of two (2) separate readings undertaken at least one (1) week apart, is to be prepared by a suitably qualified person as a part of the ongoing monitoring of the car wash station and café during the extended operating hours imposed by Condition 1A of this amended consent. These readings must be undertaken on a Friday or Saturday night between the hours of 10:00pm to 7:00am when the subject premises is in operation.

 

The acoustic report shall include noise readings taken from the locations measured in the report prepared by PKA Acoustic Consulting and dated July 2010 (12 Cove Street, 1A Henley Marine Drive and 18-20 Knocklayde Street). The acoustic reports must also include noise impacts resulting from the use of all vacuum cleaners within the car wash.

 

            Council is to be given a minimum of sixty-four (64) hours notice as to the date of the noise readings to ensure the premises is in operation at the time of testing.

 

            A copy of the acoustic report shall be submitted to Council within five (5) months from the date of the determination of this amended consent to measure operational noise levels against the Environmental Protection Authority (EPA) Industrial Noise Code Policy (January 2000) and other relevant guidelines.

 

1D       The development must incorporate the NSW Police comments dated 24 September 2010, including:

 

o    Signage shall be erected restricting public access to the chemical room/storage area and rear office warning intruders they will be prosecuted.

o    The metal fence restricting access to the chemical room shall be extended to prevent access between the fence and the neighbouring building.

 

These matters are to be satisfied by the 25 February 2011.

 

 

 

 

 

 


Attachment 1

 

Attachment 1 - Previous Report and Council Resolution

 














Attachment 2

 

Attachment 2 - Submissions

 




Attachment 3

 

Attachment 3 - NSW Police Comments

 



Ashfield Council – Report to Ordinary Meeting held on Tuesday 12 October 2010

CM10.2

Subject                            DEVELOPMENT APPLICATION NO: 10.2009.193.1
164 ALT STREET, HABERFIELD

 

File Ref                            10.2010.193.1

 

Prepared by                   Daisy Younan - Development Assessment Officer       

 

 

Reasons                          Council determination

 

Objective                         Determine Application

 

Strategic Plan Link       N/A

 

Management Plan         2.11 Development & Building Control, Strategic Planning

Activity

 

 


Overview of Report

 

1.0     Description of Proposal

 

Pursuant to Clause 78A(1) of the Environmental Planning and Assessment (EP&A) Act 1979 (as amended) this application seeks Council’s consent for alterations and additions to an existing dwelling house including:

 

¡ Demolition of a substantial part at the rear and side of the existing dwelling which is primarily constructed of weather board cladding.

¡ Construction of :

 

1.     A rear and side addition;

2.     An attic entirely within the roof space above the rear addition;

3.     A double garage;

4.     An under-ground rainwater tank;

5.     New concrete driveway strips;

6.     An in-ground swimming pool; and

7.     Front fence.

 

Plans of the proposal are included as Attachment 1.

 

2.0     Summary Recommendation

 

The subject site has an area of approximately 950.53m² which is larger than the traditional sites in Haberfield.  Given the permitted FSR of 50%, the proposed development, whilst substantial, complies with Council’s FSR requirements of Ashfield LEP 1985. Additionally, it complies with the minimum landscaped area requirement.

 

Although issues have been raised by Council’s Heritage advisor as to the extent of the demolition and the bulk of the proposed garage, the proposed development is considered acceptable in this instance as the area to be demolished is partly clad in weatherboard currently in poor condition, is located mainly at the rear of the dwelling and the proposed alterations can not be seen from the street, refer to section 8.1 of this report for detailed justification.

The development is recommended for conditional approval.

 

Background

 

3.0     Application Details

 

Applicant                                 :         Interplan Design

Owner                                     :         Mr J B & Mrs A A Neale

Value of work                          :         $480,000

Lot/DP                                    :         LOT: 14 SEC: A DP: 1756

Date lodged                            :         25/08/2010

Date of last amendment         :         N/A

Building classification             :         1A

Application Type                     :         Local

Construction Certificate         :         No

Section 94A Levy          :         Yes

 

4.0     Site and Surrounding Development

 

The subject site is located on the northern side of Alt Street, bounded by Allum Street to the east and Parramatta Road to the west.  The site area is approximately 950.53m².  An existing single storey brick house is located on the site.  Surrounding development comprises residential development. Locality map is included as Attachment 2

 

5.0     Development History

 

Previous building and development applications submitted to Council for the subject site include:

 

NO.

DATE

PROPOSAL

DECISION

6.1941.9457

17/09/2010

Change of use to residential flat building comprising two units.

Approved

6.1972.8704

06/12/1972

Alts and adds to existing building.

Approved

05.1996.184

16/09/1996

Re-instatement of footpaths at rear of property.

Approved

10.2004.300

08/02/2005

Torrens title subdivisions of existing semi-detached dwelling.

Refused

 

Council’s records indicating that the premises has been approved to be used as flat building comprising two flats in 1946. Currently the property is being used as a single dwelling and the proposed development is seeks Council’s approval for alterations and additions to the existing building including demolition of an enclosed side verandah which formed part of a secondary dwelling.

 

Assessment

 

6.0     Zoning/Permissibility/Heritage

 

·     The site is zoned 2(a) - Residential under the provisions of Ashfield LEP 1985.

·     The property is located within the Haberfield Conservation Area.

·     The property is a heritage item.

 

The proposed works are permissible with Council consent.

 

7.0     Section 79C Assessment

 

The following is an assessment of the application with regard to the heads of consideration under the provisions of Section 79C of the EP&A Act.

 

7.1     The provisions of any Environmental Planning Instrument

 

7.1.1  Local Environmental Plans

 

Ashfield Local Environmental Plan 1985 (as amended)

 

The proposed development includes a rear addition with a pitched roof, incorporates an attic, set lower than the existing roof ridge of the front section of the property proposed to be retained. The proposed development, given the proposed height of the rear addition, will not be visible from the street and therefore will not have an adverse impact on the streetscape, the heritage significance or the setting of the house or of the locality.

 

The proposed Gross Floor Area is approximately 300.88m² resulting in a Floor space Ratio of 31.52%. The proposal complies with the maximum FSR permitted by Clause 35 of Ashfield LEP being 50%.

 

The proposed Landscaped area is approximately 481.49m² (50.66%) of the total site area which complies with the minimum landscaped area requirements of clause 35 of Ashfield LEP 1985 being 50%.

 

It is considered that the proposal complies with the provisions of the Ashfield LEP 1985.

 

7.1.2  Regional Environmental Plans

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

It is considered that the carrying out of the proposed development is generally consistent with the objectives of the Plan and would not have any adverse effect on environmental heritage, the visual environment, the natural environment and open space and recreation facilities.

 

7.1.3  State Environmental Planning Policies

 

State Environmental Planning Policy No. 55 – Remediation of land

 

Remediation of the site is not required prior to the carrying out of the proposed development.

 

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

 

A certificate in accordance with Clause No. 3(1)(a) of the SEPP (BASIX) 2004 has been submitted as part of this application. A condition will be imposed on development consent requiring the proposed building works to comply with the commitments undertaken within a Basix Certificate obtained from the Department of Planning in accordance with the requirements of Part 1 of schedule1 of the Environmental Planning and Assessment Regulation 2000.

 

7.2       The provisions of any Draft Environmental Planning Instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority.

 

N/A

 

7.3       The provisions of any Development Control Plan.

 

The proposal has been considered against the provisions of the Ashfield Development Control Plan (DCP) 2007:

 

C7

HABERFIELD HERITAGE CONSERVATION AREA

 

The proposed development, given the site coverage, the size of the rear addition, the generous size of the front and rear garden, is considered to be similar to the traditional pattern of development established by the original development of the suburb. It does not dominate or compete with the original shape, height, proportion and scale of the existing building. It respects the heritage significance of the property and its contribution to the heritage significance of the area by maintaining the front façade unaltered.

 

Being not visible from the street, the proposed development will not diminish the heritage significance or the setting of the house or of the area as a whole.

C11

PARKING

The proposed development involves the construction of a brick double garage at the rear of the property which comprises a storage area. The proposed development complies with part C11 of the Ashfield Development Control Plan 2007.

C12

PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT

See Clause No. 7.7

C15

HOUSES & DUAL OCCUPANCIES

Due to the orientation of the existing dwelling, the morning, midday and afternoon shadows cast by the proposed rear addition will fall towards Alt street resulting in no adverse impact on any adjoining rear yard. Further, the proposed rear addition will not result in any adverse impact on any north facing window of any adjoining property. The Proposed rear addition complies with the solar access requirement for adjoining property.

 

From morning till slightly after midday, the proposed double garage will result in some shadows cast on the rear yard of the adjoining property at 162A Alt Street. However, the shadow cast by the proposed garage will occur within the shadow cast by an existing mature tree located on that adjoining property.

 

The proposed development will therefore not have any adverse impact on the solar access of any adjoining property.

 

The proposed development complies with the provisions of part C15 of Ashfield Development Control Plan 2007.

 

It is considered the application complies with the Parts as indicated above and ultimately achieves the aims and objectives of the Ashfield DCP.

 

7.4       Any matters prescribed by the regulations that apply to the land to which the development application relates.

 

These matters have been considered in the assessment of this application. Necessary fire safety measures have been incorporated into the recommendation of this report as conditions.

 

7.5       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts on the locality.

 

These matters have been considered as part of the assessment of the development application. 

 

The height of the proposed double garage is considered excessively bulky in the context of the area and is inconsistent in scale to similar structures/outbuildings in Haberfield. A condition has been incorporated into the consent requiring the height of the external walls of the proposed garage to be reduced by 500mm.

 

7.6       The suitability of the site for the development

 

These matters have been considered as part of the assessment of the development application. There are no natural hazards or other site constraints that are likely to have a significant adverse impact upon the proposed development.  The proposed development is considered suitable in the context of the locality.

 

7.7       Any submissions made in accordance with this Act or the regulations

The proposal was notified to all adjoining and nearby affected property owners and occupants, the Haberfield Association and Councillors from 30 August 2010 until 15 September 2010.

 

7.7.1 Summary of submissions

 

No submissions were received during the notification of the development application:   

 

7.7.2  Mediation

 

Not required

 

7.8     The public interest

 

The proposal, as conditioned, satisfies amenity considerations with respect to both site and the neighbouring properties and will have no adverse impact on the streetscape. Given the above and the proposals compliance with the aims and objectives of ALEP 1985 and ADCP 2007, it is not considered that the proposal is contrary to the public interest.

 

8.0     Referrals

 

8.1     Internal

 

Heritage Advisor

 

The application has been reviewed by Council’s heritage advisor; issues have been raised to the extent of the demolition proposed to be carried out at the rear and side of the dwelling, the bulk of the proposed garage. The proposal has been modified and the extent of the demolition has been reduced, however, Council’s heritage advisor is of the view that the extent of demolition is still excessive and it is appropriate if the design is further modified so that less demolition is carried out.

 

Despite the view expressed by Council’s Heritage advisor, the proposed development is considered acceptable in this instance for the following reasons:

 

¡ The sections of the existing dwelling proposed to be demolished is mainly for an addition that was added to the main dwelling and a side verandah which has been enclosed at some stage;

¡ The proposed development retains the main (original) front section of the building;

¡ Council’s heritage advisor has confirmed that whilst the proposed rear addition is large it is in broad conformity with the DCP controls for Haberfield;

¡ A condition has been incorporated into the consent requiring the height of the external walls of the proposed garage to be reduced by 500mm;

¡ Given that the proposed development will not be visible from the street, it will not diminish the heritage significance or the setting of the house or of the locality.

 

Heritage Advisor’s comments are included as Attachment 3

 

Building

 

The application has been referred to Council Building surveyor; issues have been raised in relation with non compliance with the relevant BCA and Australian Standards provisions. This will be dealt with at the Construction Certificate Stage although might require the submission of an application under S96 of the EPA Act 1979.

 

Tree Management Officer

 

The application has been discussed with Council tree management officer as the new garage is proposed to be constructed in close proximity to an existing tree located on the adjoining property at 162A Alt Street abutting the south-west property boundary. It was agreed that to prevent any substantial damage to the root system of the tree, the garage slab is to be constructed using the pier and beam method.

 

8.2     External

 

Not required

9.0     Other Relevant Matters

 

Council’s stormwater map does not indicate that the subject property is burdened by any Council or Sydney Water stormwater pipes.

 

10.0   Building Code of Australia (BCA)

 

A Construction Certificate will be required to be applied for by condition of consent.

 

Financial Implications

 

The proposed development will attract contribution levies under S94A of the Environmental Planning and Assessment Act, relevant condition will be imposed on development consent.

 

Other Staff Comments

 

See Section 8.1 of this report.

 

Public Consultation


See Section 7.7 of this report.

 

Conclusion

 

The application has been assessed in accordance with the provisions of the EP&A Act 1979 with all matters specified under Section 79C (1) Clauses (a) to (e) having been taken into consideration.

 

The proposal is acceptable and is recommended for conditional approval.

 

 

ATTACHMENTS

Attachment 1View

Attachment 1 - Plans of the Proposal

3 Pages

 

Attachment 2View

Attachment 2 - Locality Map

1 Page

 

Attachment 3View

Attachment 3 - Heritage Advisor Comments

5 Pages

 

 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2010.193 for alterations and additions to an existing dwelling house including demolition of rear and rear side sections of the house and construction of a rear and side addition, a double garage, an under-ground rainwater tank, new concrete driveway strips, an in-ground swimming pool and front fence on Lot 14 in DP: 1756, known as 164 Alt Street, Haberfield, subject to the following conditions:

 

 

 

 

 

A         General Conditions

 

(1)        Approved plans stamped by Council

 

The development must be carried out only in accordance with the plans and specifications set out on drawing numbers

 

¡ A01- Issue A- Site & Floor Plans and Front Fence details;

¡ A02- Issue A- Elevations and Sections;

¡ SP2- Issue A- Swimming pool Details.

 

prepared by Interplan Design and date stamped by Council 25 August 2010  and any supporting documentation received with the application, except as amended by the conditions specified hereunder.

 

(2)        Compliance with BCA

 

All works are to comply with the relevant Building Codes of Australia and/or Australian Standard requirements.

 

(3)        Encroachments

This approval is not to be construed as approving any encroachment on any adjoining private or public property including Council’s own land, all works are to be carried out entirely within the subject site.

 

(4)        Section 94A Contributions

 

Pursuant to Section 94A of the Environmental Planning and Assessment Act 1979 and Ashfield Council’s Section 94A Development Contribution Plan 2009, a contribution of $ 4,800 shall be paid to Ashfield Council prior to the release of the Construction Certificate. Copies of receipts confirming the contribution has been paid are to be provided to the Principal Certifying Authority.

 

The amount to be paid is to be adjusted at the time of the actual payment, in accordance with the provisions of Ashfield Council’s Section 94A Development Contribution Plan 2009.

 

(5)        Garage

 

The garage is not to be used a separate dwelling or for habitable purposes and the attic area above garage is to be used for storage only.

 

B         Design Changes

 

(6)        Amended plans to be submitted

 

Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate:

 

(a)  To prevent any substantial damage to the root system of the tree located on the adjoining property at 162A Alt Street abutting the south-west property boundary in close proximity of proposed garage, the garage slab is to be constructed using the pier and beam method.

 

(b)  The height of the external walls of the proposed garage is to be reduced by 500mm while maintaining the roof pitch at a maximum of 32°.

 

C         Conditions that must be satisfied prior to issuing/releasing a Construction Certificate

 

(7)        Erosion & sedimentation control-management plan

 

Prior to issue of a construction certificate the applicant shall prepare an erosion and sedimentation control plan in accordance with Part 4 of the guidelines titled “Pollution Control Manual for Urban Stormwater”, as recommended by the Environmental Protection Authority.

 

Any stormwater runoff collected from the site must be treated in accordance with the Guidelines, before discharge off the site to comply with the Protection of the Environment Operations Act 1997 or other subsequent Acts.

 

Where sedimentation control basins are provided discharge shall be to the requirements of the Environment Protection Authority.

 

Applicants are further advised to refer to the following publications for additional information:

 

(a)        “Sedimentation and Erosion Control” - Department of Conservation and Land Management.

 

(b)        “Soil and Water Management for Urban Development” - Department of Housing.

 

The plan must be submitted with the application for a construction certificate.

 

(8)        Home Building Act 1989 Insurance

 

Compliance with Part 6 of Home Building Act 1989 is required. A copy of either the Builder’s Indemnity Insurance OR a copy of the Owner-Builder’s Permit shall be submitted to Council.

 

(9)        Long service levy

 

Compliance with Section 109F of the Environmental Planning and Assessment Act 1979 – payment of the long service levy under Section 34 of the Building and Construction Industry Long Service Payments Acts 1986 – is required. All building works in excess of $25,000.00 are subject to the payment of a Long Service Levy fee. A copy of the receipt for the payment of the Long Service Levy shall be provided to the Principal Certifying Authority (PCA) prior to the issue of a Construction Certificate.  Payments can be made at Long Service Payments Corporation offices or most Councils.

 

(10)      Damage deposit/footpath, road, kerb and gutter

 

A Damage Deposit of $3,000 is to be submitted prior to the release of the Construction Certificate covering repair and/or replacement of adjoining footpath, road shoulder, road pavement, kerbing and guttering both outside the subject site and the surrounding area. This is to be paid to Council and may be refunded subject to satisfactory completion of construction or demolition.

 

This Damage Deposit covers unforeseen damage to the above property by construction vehicles, skip bins, construction methods etc.  Note:  Should repair works or maintenance be required on Council land, a Road Opening Permit must be obtained before those works take place.

 

Bank Guarantees are accepted in lieu of any Council security deposit/bond subject to the following:

 

w A charge equal to the value multiplied by the current “overdue rates interest charge” be levied, per month or part thereof, with a minimum charge of three months is to be paid upon lodgement.

w Any remaining charge is to be calculated at the prevailing "overdue rates interest rate" for each month or part thereof beyond the original three months that the Bank Guarantee was held, and paid prior to its release.

w Any costs incurred in the acceptance, administration or release of such Bank Guarantees be on-charged to the entity claiming the release of such Bank Guarantee, and that these amounts be paid prior to its release.

w At the time of lodgement, Council will seek verification of the Bank Guarantee.  Please provide contact details for the branch (phone number and officer) to assist with verification of the bona fides of the Bank Guarantee.

 

Until all items above are completed, no documents or usage sought from Council by the party lodging the Bank Guarantee can be issued.  Please allow a minimum of 2 business days for this process.

 

(11)      Footpath/laneway – photographs to be submitted

 

Prior to the release of the Construction Certificate, the applicant shall lodge with Council photographs of the roadway, footpath and/or laneway at the property indicating the state of the relevant pavements. At the completion of construction, again at the expense of the applicant, a new set of photographs is to be taken to determine the extent, if any, of any damage which has occurred to the relevant pavements. If any damage has occurred, the applicant shall meet the full cost to repair or reconstruct these damaged areas to Council’s relevant standard.

 

D         Conditions that must be complied with before work commences

 

(12)      Requirement for a Construction Certificate

 

In accordance with the provisions of Section 81A of the Environmental Planning and Assessment Act 1979 the erection of a building and/or construction works must not commence until:

 

(a)        detailed plans and specifications of the building have been endorsed with a Construction Certificate by:

 

         (i)      Council; or

         (ii)      an accredited certifier; and

 

(b)        a principal certifying authority (PCA) has been appointed and the Council has been notified in writing of the appointment, and

 

(c)        at least two days notice, in writing, has been given to Council of the intention to commence work.

 

The documentation required under this condition shall show that the proposal complies with all development consent conditions and the Building Code of Australia.

 

Note:  If the principal certifying authority is the Council, the appointment will be subject to the payment of a fee for the service to cover the cost of undertaking building work and / or civil engineering inspections.

 

WARNING:  Failure to obtain a Construction Certificate prior to the commencement of any building work is a serious breach of Section 81A(2) of the Environmental Planning & Assessment Act 1979.  It is a criminal offence that attracts substantial penalties and may also result in action in the Land and Environment Court and orders for demolition.

 

(13)      Inspections required by Principal Certifying Authority

 

Inspections shall be carried out at different stages of construction by Council or an accredited certifier.  If Council is selected as the Principal Certifying Authority (PCA) the inspection fees must be paid for in advance which will be calculated at the rate applicable at the time of payment.

 

(14)      Site Controls

 

Sediment and erosion controls must be in place before work is commenced on the site.  The control strategies must be consistent with the technical requirements set out in the Sydney Coastal Councils’ Stormwater Pollution Control Code for Local Government.

 

Material from the site is not to be tracked onto the road by vehicles entering or leaving the site.  At the end of each working day any dust/dirt or other sediment shall be swept off the road and contained on the site and not washed down any stormwater pit or gutter.

 

The sediment and erosion control measures are to be inspected daily and defects or system failures are to be repaired as soon as they are detected.

 

(15)      Building location - check survey certificate

 

To ensure that the location of the building satisfies the provision of the approval, a check survey certificate shall be submitted to the Principal Certifying Authority either prior to the pouring of the ground floor slab or at dampcourse level, whichever is applicable or occurs first, indicating the: -

 

            (i)    location of the building with respect to the boundaries of the site;

 

(ii)    level of the floor in relation to the levels on the site (all levels are to be shown relative to Australian Height Datum);

 

            (iii)   site coverage of the buildings on the site.

 

(16)      Sydney Water approval

 

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: www.sydneywater.com.au, see Your Business then Building & Developing then Building & Renovating or telephone Sydney Water 13 20 92.

 

(17)      Structural Engineering Details

 

Structural engineer’s details prepared and certified by a practising structural engineer for all reinforced concrete and structural members is to be submitted to the Principal Certifying Authority for approval.

 

(18)      Support for neighbouring buildings and notice to adjoining owners

 

(1)        If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

 

          (a)     must preserve and protect the building from damage, and

 

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

 

(c)        must at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

 

(2)        The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

 

Notes: 

 

(i)         Details of underpinning works, prepared and certified by a practicing structural engineer shall be submitted to and approved by the Principal Certifying Authority prior to the commencement of  any works.

 

(ii)        allotment of land includes a public road and any other public place.

 

(19)      Notice of Commencement – Notification of Works

 

Work must not commence until the Principal Certifying Authority or the person having the benefit of the development consent has given Notification in Writing to Council no later than two days before the building work commences.

(20)      Sanitary facilities - demolition/construction sites

 

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

 

The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced.

 

(21)      Site fencing/security

 

The site must be appropriately secured and fenced to the satisfaction of Council during demolition, excavation and construction work to ensure there are no unacceptable impacts on the amenity of adjoining properties.  Permits for hoardings and or scaffolding on Council land must be obtained and clearly displayed on site.

 

(22)      Garbage skips on Council land - Council approval

 

Bulk refuse bins or garbage skips shall not be placed on grass verge, footpath or roadway without Council permission.  Application forms and details of applicable fees are available from Council’s Customer Service on telephone 9716 1800.

 

E          Conditions that must be complied with during construction or demolition

 

(23)      Signs to be erected on building and demolition sites

 

(1)        A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

 

          (a)     stating that unauthorised entry to the work site is prohibited; and

 

(b)        showing the name and address of the contractor for the building work and the person in charge of the work site and a telephone number at which the person may be contacted outside working hours; and

 

(c)        showing the name, address and telephone number of the Principal Certifying Authority appointed for the building works.

         

(2)     Any-sign shall be maintained and not removed until work has been finished.

 

(24)      Demolition/excavation/construction – hours of work

 

Demolition, excavation and construction work, including loading and unloading of materials and machinery, shall be restricted to between the hours of 7.00 am to 6.00 pm, Monday to Friday and from 7:00 am to 1 pm on Saturday.  Work is prohibited on Sundays, and on public holidays.

 

(25)      Excavations and backfilling - safety/standards

 

(1)       All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

 

(2)       All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

 

(26)      Demolition requirements/standards

 

Demolition is to be carried out in accordance with the following:

 

¡ The property is to be secured to prohibit unauthorised entry.

 

¡ Any demolition on the site is to be conducted in strict accordance with, but not limited to, sections 1.5, 1.6, 1.7, 3.1 and 3.9 of the AS 2601 - 1991, demolition of structures, and any requirements of the Workcover Authority. The following measures must be undertaken for hazardous dust control:

 

¡ Hazardous dust must not be allowed to escape from the site or contaminate the immediate environment.  The use of fine mesh dust proof screens, wet-lead safe work practices, or other measures is required.

 

¡ All contractors and employees directly involved in the removal of hazardous dusts and substances shall wear protective equipment conforming to AS 1716 Respiratory Protective Devices and shall adopt work practices in accordance with WorkSafe Requirements (in particular the WorkSafe standard for the Control of Inorganic Lead At Work (NOHSC: 1012, 1994) and AS 2641, 1998).

 

¡ 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 and disposed of appropriately.

 

¡ All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Unclean water from the suppressant spray is not to be allowed to enter the street gutter and stormwater systems.

 

¡ Demolition is not to be performed during high winds that may cause dust to spread beyond the site boundaries without adequate containment.

 

¡ All lead contaminated material, if any, is to be disposed of in accordance with the NSW Environment Protection Authorities requirements.

 

¡ Construction and demolition waste, particularly timber, bricks and tiles, concrete and other materials need not be disposed of- they can be recycled and resold if segregated properly from any hazardous waste contamination.

 

(27)      Prior notice - pool inspections - PCA

 

Forty eight (48) hours notice must be given to the Principal Certifying Authority to permit the inspections of:-

 

(i)         The steelwork when in position and before concrete is placed.

(ii)        The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

(iii)       The foundation before the swimming pool is installed.

(iv)       Reinforcing for the coping.

(v)        The swimming pool when completed.

 

(28)      Pools - water depth markers - display

 

Permanently fixed water depth markers are to be clearly and prominently displayed on the internal surface above the water line at the deep and shallow ends of in-ground swimming pools and on the outside of aboveground swimming pools.

 

(29)      Pool overflow/filter backwash - connection to sewer - Sydney Water

 

Pool overflow drain where provided and filter back wash drain to be connected to the sewer of Sydney Water in accordance with requirements of Sydney Water.

 

(30)      Pool gates - self-locking

 

Gates shall be fitted with self-locking/latching device that will automatically operate on the closing of the gate and prevent the gate from being re-opened without manually releasing the mechanism.

 

(31)      Pool latching device - Australian Standards

 

The latching device shall be located and shielded in accordance with Australian Standard Specification (AS 1926) for Fences and Gates for swimming pools.

 

(32)      Pool gates - automatic closing device

 

Gates shall be fitted with an automatic closing device that will shut the gate and operate the latching mechanism from any position, even with the striker resting on the latching mechanism.

 

Gates shall be mounted so that they swing only in a direction away from the pool.

 

(33)      Roof guttering and drainage system/disposal of stormwater

 

The roof shall be provided with a guttering system in accordance with the provisions of Part 3.5.2 “Gutters and Downpipes” of the BCA and AS/NZS3500.5 – 2000. 

 

We advise that the Dept of Planning has advised in circular BS 08-001 that the use of high-front guttering has been associated with water penetration into the building and non compliance with the standard.

 

On completion of the works, a qualified plumber shall furnish the Principal Certifying Authority a certificate certifying that the guttering system complies with Part 3.5.2 of the BCA and AS/NZS3500.5 – 2000. 

 

Roofwater shall be disposed of by approved drainage lines discharging into the street gutter.

 

(34)      Termite treatment

 

Treatment for the protection of the building from subterranean termites shall be carried out in accordance with AS 3660.1:2000 ‘Protection of Buildings from Subterranean Termites’.

 

On completion of the installation of the barrier the Principal Certifying Authority shall be furnished with a certificate from the person responsible, stating that the barrier complies with AS 3660.1.

 

A durable notice shall be permanently fixed to the building in a prominent location, such as the meter box or the like indicating:

 

            -      the method of protection;

            -      the date of installation;

-           where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label; and

            -      the need to maintain and inspect the system on a regular basis.

 

Due to the present limited effective life of soil chemical treatments, Council does not permit hand spraying as a stand alone method of termite protection.  It is recommended that any soil chemical treatment should embrace a reticulation system.

 

(35)      Waterproofing materials/installation – BCA/Australian Standards

 

Approved products that are impervious to water shall only be used as a substrate or as a lining and as a finish to floors and walls of wet areas (i.e. bathroom/shower room, WC compartment and laundry). Floors and cubicles shall be properly graded and drained to approved outlets.

 

The wet areas in the building shall be impervious to water as required by Part 3.8.1 of the Building Code of Australia (BCA). The junction between the floor and wall and the construction of the bath shower recess, basin, sink or the like shall be in accordance with the BCA & AS 3740:2004 ‘Waterproofing of wet areas within residential buildings’.

 

On completion of the waterproofing of the wet areas, the Principal Certifying Authority shall be furnished with a certificate from the person responsible.  This is to state that the materials are suitable for the situation and that the application and/or installation has been carried out in accordance with the manufacturer’s instructions, the BCA and AS 3740.

 

(36)      Safety Glazing - BCA

 

Safety glazing complying with B1 of the Building Code of Australia (BCA) is to be used in every glazed door or panel that is capable of being mistaken for a doorway or unimpeded path of travel.  The glazing must comply with AS 1288:2006 ‘Glass in Buildings – Selection and Installation’.

 

Framed panels or doors enclosing or partially enclosing a shower or bath shall be glazed with "A" or "B" grade safety glazing material in accordance with AS 1288 and Part 3.6.4 of the BCA.

 

(37)      Fire Detection/Alarm System installation and certification

 

Smoke alarms must be installed in dwellings in accordance with Clause 3.7.2.3 of the Building Code of Australia (BCA) and AS 3786 on or near the ceiling in -

 

            (a)     any storey containing bedrooms -

 

                     -        between each area containing bedrooms and the remainder of the dwelling, including any hallway associated with the bedrooms

 

            (b)     any storey not containing bedrooms.

 

Smoke alarms must be connected to the consumer mains power and have a stand-by power supply.

 

The licensed Electrical Contractor shall on completion of the installation of the smoke alarm system, submit to the Principal Certifying Authority a certificate certifying compliance with AS 3000 and AS 3786:1993.

 

(38)      Plans to be available on site

 

The Council stamped approved plans, Development Consent and Construction Certificate shall be held on site to be produced unobliterated to Council’s officer at any time when required.

 

(39)      Building materials - storage/placement on footpath/roadway  - Council approval

 

All building materials shall be stored wholly within the property boundaries and shall not be placed on the footpath, grass verge or roadway without prior written approval of Council.

 

Bulk refuse bins shall not be placed on the grass verge, footpath or roadway without Council permission.  Application forms and details of applicable fees are available from Council’s Customer Service, telephone 9716 1800.

 

(40)      Road opening permit – Council controlled lands

 

A road opening permit shall be obtained for all works carried out in public or Council controlled lands. Contact Council’s Engineering Services for details.

 

(41)      BASIX Requirements

 

The proposed building works shall be constructed in accordance with, and comply with the undertakings given on a BASIX (Building Sustainability Index) Certificate as obtained from the Department of Infrastructure, Planning and Natural Resources in accordance with the requirements of Part 1 of schedule1 of the Environmental Planning and Assessment Regulation 2000.  For more information visit www.basix.nsw.gov.au .

 

F          Conditions that must be complied with prior to installation of services

 

nil

 

G         Conditions that must be complied with before the building is occupied

 

(42)      Pool fencing inspection prior to use of pool

 

The pool shall be installed and fenced around its perimeter in accordance with AS 1926.  The pool shall not be filled with water nor be permitted to retain water until all required safety fencing has been erected and approved by the Principal Certifying Authority.

 

(43)      Approval to use/occupy building

 

The building or any part thereof must not be used or occupied until an Occupation Certificate has been obtained from the Principal Certifying Authority.

 

Note: If Council is chosen as the Principal Certifying Authority a fee is applicable prior to the release of the Construction Certificate.

 

H         Conditions that are ongoing requirements of development consents

 

(44)      Pool resuscitation poster display

 

A CPR Information Resuscitation poster authorised by the Life Saving Association is to be displayed within the pool area.  Such poster is obtainable from Council for a prescribed fee.

 

I           Advisory Notes

 

(45)      Modifications to your consent - prior approval required

 

Works or activities other than those authorised by the approval including changes to building configuration or use will require the submission and approval of an application to modify the consent under Section 96 of the Environmental Planning & Assessment Act 1979. You are advised to contact Council immediately if you wish to alter your approved plans or if you cannot comply with other requirements of your consent to confirm whether a Section 96 modification is required.

 

Warning:  There are substantial penalties prescribed under the Environmental Planning and Assessment Act 1979 for breaches involving unauthorised works or activities.

 

(46)      Occupational health and safety

 

All site works must comply with the occupational health and safety requirements of the NSW Work Cover Authority.

 

(47)      Structure

 

It should be noted that the structural design and the calculations have not been checked by Council; It is to be clearly understood by the applicant and any person concerned that the applicant and the engineer undertaking the design in the approved plans herewith/Construction Certificate Plan, are fully responsible for the structural adequacy of the structural design.

 

 

 

Phil Sarin

Director Planning and Environment

 

 

 


Attachment 1

 

Attachment 1 - Plans of the Proposal

 




Attachment 2

 

Attachment 2 - Locality Map

 


Attachment 3

 

Attachment 3 - Heritage Advisor Comments

 






Ashfield Council – Report to Ordinary Meeting held on Tuesday 12 October 2010

CM10.3

Subject                            PLANS OF MANAGEMENT FOR HAMMOND, CENTENARY AND ALGIE PARKS

 

File Ref                            Parks & recreation>Plans of Management

 

Prepared by                   Nick de Brett - Project Officer       

 

 

Reasons                          To provide a guide for the planning and management of Hammond Park, Centenary Park and Algie Park

 

Objective                         To have in place Plans of Management that will guide Council in the future planning, design and management of Hammond Park, Centenary Park and Algie Park, including how they are to be used, managed, developed and conserved.

 

 


Overview of Report

The report addresses the draft Plans of Management for Hammond Park, Centenary Park and Algie Park, which have been developed through a process of extensive consultation.

 

 

Background

 

A Plan of Management for a park is the principle document that is Council’s main guide for the planning and management of that park now and into the future. The Plan reflects both the values and vision of the community and Council and sets out how a park can be used, managed, developed and conserved and specific improvements that maintain and enhance the recreational needs of users.

 

The draft Plans of Management for Hammond Park, Centenary Park and Algie Park are guided by the Local Government Act 1993 as the Parks are community land under the Act.

 

During formulation of the draft Plans, Council engaged Grace Leotta of Affirm Organizational Development and Training, to assist with the consultation phase. Consultations were held with stakeholders who represented the sporting clubs using the Parks and with residents, including those who surround each of the Parks.

 

The draft Plans of Management set out to be reader friendly Plans. They also aim to be practical documents that address current and likely future issues. They offer a guide to Council in determining various questions that may arise from time to time regarding Park usage.

 

The draft Plans include a number of broad objectives that form the basis for detailed management strategies with associated actions for achieving them. The actions have been developed to:

·    Improve the Parks

·    Repair past damage

·    Prevent further degradation

·    Maintain and enhance the amenity of the area

·    Continuously improve and maintain the facilities

·    Manage the planned sharing of the Parks by organisations involved in active recreation including sporting clubs

·    Preserve the Parks also as places for passive recreation.

 

Financial Implications

 

No additional funding is proposed in this report beyond existing budget allocations

 

Other Staff Comments

 

Relevant staff have been consulted in the development of these Plans.

 

Public Consultation

 

Detailed report on outcomes of the community consultation are contained in the Appendix to each plan.

 

Conclusion

 

The draft Plans of Management for Hammond Park, Centenary Park and Algie Park provide Council with a clear guide for managing the Parks now and into the future. Their broad objectives, strategies and detailed actions reflect community and stakeholder input that was gained through the consultations and through consultations with relevant Council staff. Council may now determine to have the Plans [placed on exhibition.

 

 

 

 

ATTACHMENTS

Attachment 1View

Draft Plan of Management - Hammond Park

 

42 Pages

 

Attachment 2View

Draft Plan of Management Plan - Centenary Park

41 Pages

 

Attachment 3View

Draft Plan of Management - Algie park

41 Pages

 

 

 

RECOMMENDATION

 

1/2    That Council endorse the draft Plans of Management for Hammond Park,           Centenary Park and Algie Park

 

2/2    That the draft Plans of Management for Hammond Park, Centenary Park           and Algie Park be placed on exhibition for 28 Days

 

 

 

Frances Riva

Acting Director Corporate and Community Services


Attachment 1

 

Draft Plan of Management - Hammond Park

 











































Attachment 2

 

Draft Plan of Management Plan - Centenary Park

 










































Attachment 3

 

Draft Plan of Management - Algie park

 










































Ashfield Council – Report to Ordinary Meeting held on Tuesday 12 October 2010

CM10.4

Subject                            AUSTRALIAN LOCAL GOVERNMENT WOMEN'S ASSOCIATION CONFERENCE

 

File Ref                            Governance>Conferences

 

Prepared by                   Vanessa Chan - General Manager       

 

 

Reasons                          Request from Australian Local Government Women’s Association Conference.

 

Objective                         Attendance by Councillors at the ‘Women Going Places’ Conference.

 


Overview of Report

 

The Australian Local Government Women’s Association advising Conference will be held at Ryde on 25-27 November 2010.

 

 

Background

 

2010 is the Year of Women in Local Government. Council has an active program of activities and policy development led by the joint staff and councillors’ Women’s Committee, chaired by Councillor McKenna.

 

The Women’s Committee has been advised by the Australian Locla Government Women’s Association of the program for the upcoming Conference, to be held in Ryde 25-27 November 2010. Guest speakers include Anne Summers, Eva Cox and Pru Goward MP, Shadow Minister for Community Services and Shadow Minister for Women.

 

This report recommends that Council approve the attendance of any/all interested councillors at the Conference and calls for EOI by 20 October to enable us to take advantage of the early bird prices.

 

 

Financial Implications

 

Registration is $495 per person for the early bird registration by 25 October for members.

 

Non members are $545 per person for early bird registration.

 

I am investigating the feasibility of sending a staff delegation to the Conference. The location of this year’s national conference in neighbouring Ryde, makes it particularly convenient and cost-effective for Council.

 

Other Staff Comments

 

Nil

 

 

 

Public Consultation

 

Nil

 

Conclusion

 

That interested Councillors be registered to attend the Australian Local Government Women’s Association Conference to be held on 25-27 November 2010 at Ryde.

 

 

ATTACHMENTS

Attachment 1View

Key Theme, Events and  Speakers

1 Page

 

 

 

RECOMMENDATION

 

1/2    That Council approve the attendance of interested Councillors at the           Australian Local Government Women’s Conference to be held at Ryde.

 

2/2    That Councillors advise the General Manager of their interest in attending           by 20 October.

 

 

 

Vanessa Chan

General Manager


Attachment 1

 

Key Theme, Events and  Speakers