HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________


SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION ONE' REPORT
TO THE MEETING OF THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 97 08 13TH AUGUST, 1997-



05:01 Ward Councillors Reports

05:02 Development Applications - Hurstville Ward
05:02.01 7 Lowana Place, Beverly Hills (D.A. 111/97)
Housing For Aged And Disabled Persons

05:02.02 14-16 The Avenue, Hurstville (D.A. 59/97)
Erection Of A Four Storey Mixed Use Building Over Basement Parking

05:03 Development Applications - Penshurst Ward
05:03.01 84 Penshurst Street, Penshurst (D.A. 454/96)
Three Storey Mixed Use Development With Basement Parking

05:04 Development Applications - Peakhurst Ward
05:04.01 1 Dame Mary Gilmore Road, Oatley And 57A Lorraine Street,
Peakhurst (D.A. 97/97)
Installation Of Drink Vending Machines

05:04.02 12-16 Short Road, Riverwood (D.A. 99/97)
14X3 Bedroom Residential Units

05:05 Miscellaneous And Other Matters

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION ONE
REPORT NO 01TO THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 97 08 13TH AUGUST, 1997-


The General Manager
Hustville City Council
The Civic Centre
HURSTVILLE

Dear Sir,

Hereunder is my report No.01 to be submitted to the DEVELOPMENT, HEALTH AND PLANNING Committee:-


05.01 WARD COUNCILLORS REPORTS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02 DEVELOPMENT APPLICATIONS - HURSTVILLE WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.01 7 LOWANA PLACE, BEVERLY HILLS (D.A. 111/97)
HOUSING FOR AGED AND DISABLED PERSONS
(Report by Town Planner, Mr. J. Brannan)




Applicant : Department of Housing
Proposal : HOUSING FOR AGED
AND DISABLED PERSONS
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area "C"
Owners : P. V. Anderson
Existing Development : Single Storey Brick Cottage
Cost of Development : $460,000

PRECIS OF REPORT

1. SEPP No. 5 requirements generally have been met.

2. Two storey building of 7 x 1 bedroom self contained units.

3. Five (5) objections received as a result of public notification.

4. Proposal is to be part of 3-5 Lowana Place with an amalgamation of sites for aged and disabled purposes.

5. Parking within the existing aged and disabled housing at 3-5 Lowana Place is sufficient for the future addition.

6. Recommendation - Approval subject to the concurrence of the Department of Housing to the attached conditions (Section 91A, Environmental Planning and Assessment Act, 1979)


Existing and Surrounding Development

The existing site currently accommodates a single storey brick cottage that adjoins along its southern boundary the existing Department of Housing 20 unit development for aged and disabled. To the north-west boundary adjoining the property is a single storey cottage with the area in general a mix of residential styles ranging from unit development to single storey residences.

The street frontage is 11.58 metres with a depth of 40.38 metres with a total area of 923.0 square metres. The site is currently zoned No. 2 Residential within Council's Local Environmental Plan 1994 and classified Development Area "C" within the IRDC 1995 for villa/townhouses. The adjoining Department of Housing site is of an area totalling 2,496 square metres with the amalgamation of the three sites equalling a total area of 3,419 square metres.

The site is in close proximity to shopping facilities along King Georges Road and public transport of railway and bus services.

History

17/6/87Approval of 3-5 Lowana Place, Beverly Hills for 20x1 bedroom units. DA 414/86
26/5/97Development Application lodged for 7x1 bedroom aged and disabled housing units to be amalgamated with 3-5 Lowana Place.
23/6/97 - 14/7/97Public notification

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2, Residential under the Hurstville Local Environmental Plan 1994, and the proposal is permissible within the zoning with Council consent. The Development Application has been assessed against the provisions of SEPP No. 5 Housing for Aged and Disabled Persons.

Proposed Development

The proposal provides an additional seven (7) one bedroom units of two storey construction with each dwelling consisting of an area of 51.6 square metres and one which is a fully disabled unit being 58.0 square metres. Each unit comprises of a living, dining, kitchen, combined laundry and bathroom and one bedroom. Under SEPP No. 5 criteria for density and landscaping six (6) of these units are categorised as "small" as they have an area under 55.0 square metres. The ground floor of the proposal consists of three (3) units and one (1) unit for disabled with the first floor providing three (3) units. Each unit has access to a balcony with the ground floor units having direct access to open space garden area.

Pedestrian and vehicular access is via Lowana Place.

A minimum setback of over 20.0 metres to Lowana Place has been provided with a setback of 5.5 metres at the rear adjoining the laneway backing onto residential properties. Side setbacks have been provided of a varying distance from 3.0 metres and over due to the irregular shape of the site.

The proposal forms an addition to the existing Department of Housing development of 3-5 Lowana Place having a total of twenty (20) units. The parking provision within the site is to be accommodated over the three (3) sites amalgamated with the existing parking providing thirteen (13) spaces which is more than the minimum criteria under SEPP No. 5 provisions. The requirements under SEPP 5 for parking are one (1) carspace per five dwellings with the combined sites consisting of 27 dwellings with the calculation equalling approximately 5.4 car parking spaces required. It can be ascertained that the proposal has more than adequately met this provision.


Tabled Information

SEPP 5 Requirements
Proposed
Permitted
Compliance
Site Area
923.0 m2
915.0 m2
Yes
Density
7
6x125 m2
1x165m2
Yes
Development Area "C"
Building Height
7.5 m approx.
8.0 m
Yes
Building Setbacks: Front
20.0 m
5.25 m
Yes
Side/rear
3.0 m+
0.9 m
Yes
Residential Parking
13
5.4
Yes
Landscaped Area / 50 m2 per 1 bedroom unit
675.0 m2
350.0 m2
Yes

Comment : The proposal easily meets the requirements of SEPP No. 5 in building height, setbacks, density and carparking.

It is understood that this housing project will assist the Department of Housing to provide accommodation for the increasing demands of low income public housing with low level car ownership.

Manager, Building Services

The matter was referred to the Hurstville Ward Building Surveyor for assessment in relation to the Building Code of Australia. No objection was raised to the proposal subject to conditions of consent and to all building work complying with the State's building laws.

Manager, Development Advice

No objections were raised from Council's drainage and subdivision engineer subject to provisions of stormwater dispersal to the rear laneway, on-site detention, construction and replacement and maintenance of kerb and guttering.

Public Notification and Comment

Adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. Five (5) submissions were registered and their concerns are outlined below :

i) Parking/Congestion

Concern was raised in each submission received in relation to the congestion from parking vehicles in the street and it was felt that the proposal did not accommodate enough vehicle parking on site.

Comment : By providing thirteen (13) carparking spaces this proposal complies with the provisions of SEPP No 5 which require a minimum of six (6) spaces. Lowana Place is in close proximity to the Beverly Hills Town Centre and railway station and opposite Beverly Hills Girls High School with parking in this busy commercial precinct limited. This has caused shoppers and commuters to look for parking in the surrounding residential areas.

On the basis of the objections received, all of which mentioned lack of on-street parking as an on-going problem, it is recommended this issue be referred to the Traffic Committee for investigation. It is considered however, that the parking issues raised by residents should be viewed independently of the proposed development. It appears that commuter and commercial parking is responsible for the perceived problem, rather than the level of residential development. It is unlikely that the existing Department of Housing development creates any substantial impact on availability of street parking, and the fact that the proposed development is to be utilised for aged and disabled persons would suggest a low level of motor vehicle ownership and usage.

ii) Shadowing/Privacy

Concern was raised by a neighbouring property on the northern side of this proposal in relation to the shadow cast on their rear yard and privacy invasion due to the two storey construction with windows facing their property.

Comment : Some level of shadowing is to be expected with a two storey development, however, on the basis that the objection was lodged by the owner of the property located on the northern side of the development it is unlikely any shadow impact will occur. Shadows from the proposed development will fall primarily across the existing Department of Housing land and onto the rear laneway.

The issue of loss of privacy is also to be expected with a two storey proposal. However, the windows of the first floor are in low traffic areas, i.e., bedrooms, toilets etc., and not main living areas and therefore it is unlikely that any overlooking will occur from these windows.

Summary

It is to be noted that under Clause 9 of SEPP No. 5 - Housing for Aged or Disabled Persons, and Section 91A of the Environmental Planning and Assessment Act, 1979, Council shall not refuse to grant its consent nor shall attach any conditions to its consent to the application except with the agreement of the Department of Housing or the approval of the Minister for Planning. The attached conditions have therefore been agreed to by the Department of Housing.

The site is considered appropriate for the development due to its close proximity to services such as transport and shopping facilities. There is provision for private open space for each dwelling and no adverse effects envisaged to the neighbouring properties by way of privacy, noise, pollution, etc.

The proposal provides an additional seven (7) dwellings within the site giving a total of twenty-seven (27) units for the total Department of Housing project.

The proposal will provide adequate landscaping of gardens for future tenants and with the criteria of this report taken into consideration, approval is recommended.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 7 LOWANA PLACE, BEVERLY HILLS (D.A. 111/97)
HOUSING FOR AGED AND DISABLED PERSONS
(Report by Town Planner, Mr. J. Brannan)


. Recommendation 7 LOWANA PLACE, BEVERLY HILLS (D.A. 111/97)
HOUSING FOR AGED AND DISABLED PERSONS
(Report by Town Planner, Mr. J. Brannan)



RECOMMENDATION


1. THAT Council as the consent authority grant development consent for the extension of aged and disabled housing development at Nos. 3-7 Lowana Place, Beverly Hills subject to the following conditions as agreed by the Department for Housing under the provisions of Section 91A of the Environmental Planning and Assessment Act, 1979.

GENERAL

1. Compliance generally with Drawing No J00873, CP2-2 tables and documentation prepared by K F Williams & Associates Pty. Ltd., dated 19-20 August, 1996 and No. 9639 prepared by Peckman Lee, dated August, 1996 and submitted with DA 111/97, except where amended by the conditions of consent.

BUILDING REQUIREMENTS

2. Any trade waste containers must be screened from public view and are not to obstruct or interfere with the use of loading and parking facilities and accessways. Such bins are to be stored within 12 metres from the front boundary. The structure housing the bins must be designed to reflect the approved building.

3. The building and construction of the seven (7) unit proposal must be in accordance with the relevant technical provisions of the State Government's building laws. (Council to be notified at Building and construction stage)

4. Stormwater drainage plans prepared by a qualified practising hydraulics engineer must be referred to Council prior to construction commencing. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

5. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials must be referred to Council prior to construction commencing.

6. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.

7. No burning of demolition or waste materials shall be carried out on the subject site.

8. All plumbing except stormwater downpipes and vent pipes shall be kept within the building and not exposed to public view.

9. The lots to which the development relates shall be consolidated into one allotment and the plan registered at the Land Titles Office prior to occupation of the development.

ENGINEERING

10. All stormwater to drain by gravity to the kerb and gutter in the laneway at the rear.

11. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 5% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

12. Applicant to pay Council to :
a) Replace the concrete crossing in Lowana Place with kerb and gutter.
b) Replace the redundant crossings in the laneway at the rear with kerb and gutter.
Quote given on request.
OR
Construction of the above work by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

LANDSCAPING

13. The submission of a detailed landscape plan. This plan is to be prepared by a qualified landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Landscaping shall be completed in accordance with the plan prior to occupation of the building.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without written Council approva unless indicated to be removed or lopped in the landscape plan, which is to be determined in consultation with Council.


14. The developer and his agents shall take all measures to prevent damage to trees and root systems during site works and construction.
ADVISORY NOTES REGARDING
COMPLIANCE WITH THE BUILDING CODE OF AUSTRALIA

a) The foyer doors shall swing in direction of egress as outlined in Part D2.20 of the Building Code of Australia.

B) The development shall comply with Part E of the Building Code of Australia with regards to Fire Hydrants, emergency lighting, fire detection/smoke alarms and exit signs.

C) Parking and access is required for disabled persons.

D) An erosion and sediment control plan is to be implemented to prevent erosion to the site and to ensure no soil and associated materials leave the site.

E) All care is to be taken to ensure the demolition of the existing building is carried out with due regard to hours of work, correct handling of materials (e.g., asbestos, lead paint) and prevention of damage to Council and private property.

2. THAT the objections received concerning parking congestion within Lowana Place and surrounding residential streets be referred to Council's Traffic committee for investigation.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.02 14-16 THE AVENUE, HURSTVILLE (D.A. 59/97)
ERECTION OF A FOUR STOREY MIXED USE BUILDING OVER BASEMENT PARKING
(Report by Manager, Development Services, Ms. G. Vereker)




Applicant : McFadyen Anlezark Pty. Ltd.
Proposal : ERECTION OF A FOUR STOREY
MIXED USE BUILDING CONTAINING
14 X 2 AND 4 X 3 BEDROOM UNITS
AND 234 SQUARE METRES OF
COMMERCIAL SPACE
Zoning : Zone No. 3(b) - City Centre Business
Owners : Mr. & Mrs. Jujkovic and Mr. & Mrs. Stojkovski
Existing Development : Two Single Storey Dwellings
Cost of Development : $1.75 million

PRECIS OF REPORT

1. The proposal is to construct a four storey building containing 14 two bedroom units, 4 three bedroom units, 234 square metres of commercial floor space and parking for twenty-five (25) vehicles.

2. The development site is situated between two (2) existing heritage sites and the design is not considered to be compatible with the heritage nature of these adjoining properties.

3. The Manager, Building Services has raised concerns with respect to the compliance of the development with aspects of the Building Code of Australia and AS 1428.1 (disabled access).

4. Two (2) objections have been received in response to the public notification of the proposal.

5. The applicant has been given numerous assistance and opportunities to produce a design in sympathy with the heritage precinct in which it is situated. On the basis that the design remains unacceptable, it is recommended that the Development Application be refused.

Existing and Surrounding Development

The site consists of two allotments of land each currently occupied by a single dwelling. The combined allotments have an area of 1,428 square metres, with a fall to the rear of between 1.0 and 2.0 metres. Adjoining the site on both sides are buildings of heritage value, one listed in Hurstville LEP 1994 and the other included in council's 1988 Heritage Study and proposed for listing in the LEP. No. 18 The Avenue contains the heritage building known as "Lorne" while No. 12 is a heritage building presently operating as the Family Planning Clinic surgeries, staff room and training rooms. No. 20-22 The Avenue contains the Uniting Church and heritage lawn and has recently been the subject of a Development Approval for a new Church Hall.

Section 90 Heads of Consideration

The site has been inspected and the proposal examined in accordance with the Heads of Consideration in Section 90 of the Environmental Planning and Assessment Act 1979 and the following comments are made:

Statutory Requirements

The subject site is zoned 3(b) City Centre Business under the provisions of Hurstville LEP 1994. As such the proposal is permissible with Council consent, subject to Council taking into account Clause 28 of the LEP which relates to development in the vicinity of a heritage item. The site is also subject to assessment in accordance with the Hurstville Town Centre Draft DCP. Discussion regarding the compliance of the proposed development with both the heritage provisions of LEP 1994 and the Draft DCP is provided in a later section of this report.

Application History

March 1997
*
Pre-Da meeting with the Divisional Manager
Policy, Planning and Environment
27/3/97
*
Development Application lodged
17/4/97
*
Application referred to Manager, Building Services, Manager, Development Advice and Divisional Manager, Policy, Planning and Environment
14/5/97
*
Meeting with applicant, owners, developer to outline areas of non-compliance and concerns regarding design.
6/6/97
*
Revised plans received and referred to Manager, Building Services and Divisional Manager, Policy, Planning and Environment
19/6/97 - 10/7/97
*
Public notification period - two (2) objections received
Mid June
*
Meeting between applicant and Divisional Manager, Policy, Planning and Environment to reiterate concerns regarding design.
7/7/97
*
Revised plans lodged and referred to Divisional Manager, Policy, Planning and Environment
18/7/97
*
Meeting with applicant and developer to again outline concerns regarding the design
22/7/97
*
Revised plans submitted and referred to Divisional Manager, Policy, Planning and Environment
31/7/97*Response received from Divisional Manager, Policy, Planning and Environment

Proposed Development

The development now before Council, the subject of three sets of revised plans, consists of the erection of a four storey building over one level of basement parking. The development proposes 234 square metres of commercial space and three residential units on the ground floor and five residential units on each of the following three floors. In total fourteen (14) two bedroom and four (4) three bedroom units are proposed. The ground floor of the development is characterised by a central arcade which leads to the stairwell access. The rear of the site which contains several substantial trees is proposed to be retained as landscaped area, with the building located toward the front of the site.

Tabled Information

Due to its location with the 3(b) City Centre Business zone, the proposed development is not subject to Council's IRDC. The following table therefore summarises the requirements of Council's Draft DCP for Hurstville Town Centre.

Draft DCP Requirement
Proposed
Compliance
Floor Space Ratio
1.2:1
1.0:1
Yes
Maximum Storeys
4
4
Yes
Parking
1 per 50m2 commercial + 1 per 100 m2 residential = 17 spaces
25
Yes
Balconies
1 per unit/min 10 m2/min 2.5m wide
< 10 m2
No

Divisional Referrals

Manager Building Services - raised no objection to the proposed development but raised concerns regarding the ability of the development to comply with certain aspects of the Building Code of Australia and AS 1428.1 (provisions regarding disabled access)

Manager, Development Advice - raised no objections to the proposed development subject to the imposition of standard conditions.

Divisional Manager, Policy, Planning and Environment - raised concerns in consecutive referrals regarding the design of the proposed building and its impact on adjoining heritage items. The comments of the Divisional Manager will be discussed in detail later in this report.

Public Notification and Comment

Adjoining residents were notified by letter and a notice was placed in the newspaper and on site advising of a notification period of twenty-one (21) days from 19 June to 10 July, 1997. Two (2) objections were received in response to the notification. Concerns raised are summarised as follows :

Objection Submitted by The Uniting Church

The proposed development will be totally out of character with the heritage building known as 'Lorne'. "If Council is serious about its local heritage it should make sure that heritage buildings are shown to their best advantage."

* The proposed development is too close to the heritage cottage "Lorne".

* The proposed development will prevent the morning sun from entering the backyard and back verandah of "Lorne".

* The proposed development will create a major threat to the structure of "Lorne".

Objection submitted by No. 12 The Avenue (Family Planning)

* The proposed development, particularly the balconies, completely overlook the Family Planning clinic surgeries, staff room and training rooms.

* The overlooking and impact on privacy will be particularly detrimental taking into account the confidential nature of the service provided by Family Planning.

* Appropriate screen planting must be provided along the property boundaries.

Planning Comments : In determining this application Council must take into account the provisions of both Hurstville LEP 1994 and the Draft DCP for Hurstville Town Centre. In addition Council must consider the provisions of Section 90 of the Environmental Planning and Assessment Act of which Section 90(S) part (e) refers to heritage items. The relevant provisions of each are reproduced here for Council's information :

* LEP 1994

"Development in the vicinity of heritage items

28. The Council may grant consent to an application to carry out development on land in the vicinity of a heritage item only if it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting."

* HURSTVILLE TOWN CENTRE DRAFT DCP -
Nos. 14-16, 24-26, 28-30 THE AVENUE, HURSTVILLE

"Design Principles for Future Development

* Develop a building toward the front of the site or on the front boundary as shown.

* Set building back from rear boundary and orient dwellings to the front and back.

* Reflect the subdivision pattern by appropriate modelling in the facade as shown on drawings with the separation of buildings into two distinct units.

* Articulate buildings to provide a scale sympathetic to the heritage buildings."

* ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 -
SECTION 90(S)(e)

"the effect of the development :

(i) on any conservation area;

(ii) on any building, work, relic, tree or place that is a heritage item of significance to the locality and the effect on its site and in its vicinity;"


With all of the above listed provisions in mind and taking into account the objections received, particularly from the Uniting Church, the comments of Council's Divisional Manager, Policy, Planning and Environment are particularly relevant. During processing of the application and prior to the Development Application being lodged, meetings were held with the Divisional Manager, the applicant and developer to explain the specific design requirements of the site.

At the initial meeting with the applicant the design criteria was outlined by the Divisional Manager, Policy, Planning and Environment as follows :

* the need for the building to "read" as two buildings in a way which respects the existing subdivision pattern.

* The need for the building to respond to the one storey adjacent heritage buildings; No 12 and No. 18 and be appropriately articulated.

* The building envelope which focused development to the front and rear of the site to enable the provision of a north-eastern rear garden.

Following receipt of the formal Development Application, assessment of the plans submitted indicated that the above design criteria had not been met. During three subsequent meetings over a period of two months the necessity for the design to respect the heritage value of adjacent properties was reiterated. At each meeting the applicant agreed with Council's concerns and accepted the need to revise the design to create a more sympathetic bulk, shape and appearance. In particular the applicant agreed, as early as May 1997 to incorporate the following design principles in the building. The comments following each principle as listed are those of the Divisional Manager, Policy, Planning and Environment and reflect the latest set of plans to be submitted to Council :

* "The building should be articulated into a base, middle and top."

The purpose of horizontal and vertical articulation is to reduce the apparent size of the building. A stripe of a different finish around the upper level and multiple stripes on the base level, does not address this.

* "That the architectural resolution should address the adjacent heritage buildings and that they should appear on the drawings to show how this has occurred."

The building pays marginal regard to heritage buildings in terms of articulation and proportioning of fenestration, etc. The adjacent buildings are not on the drawings.

* "Maximum advantage should be taken of the north eastern rear garden by at least addressing two units per floor to this aspect."

The design still has only one unit per floor with this aspect and two units which face the side boundaries. The unit on the southern side is particularly disadvantaged yet with appropriate planning, it is not necessary to locate a unit with this aspect which is not only south facing but also is adjacent to the driveway. Furthermore, if there was no unit with its main aspect on this south side, there would be less privacy issues as raised as a valid concern by the Family Planning Unit next door at 12 The Avenue.

* "The building should be formed from two discreet parts."

Whilst there is some articulation attempted to achieve this, it still has not been completely resolved. There is no clear "break" identified by materials and fenestration between the two elements and nor does the distinction manifest itself in terms of the plan layout.

* "The balustrades on the balcony should be different to the fence treatment and that the design of the fence should reflect the pattern of fences along The Avenue."

The proposal illustrates the same treatment for the fence and the first floor balustrade on the south-western elevation without making the distinction between a balustrade and a fence and the desired characteristics of the fence in this context.

In addition, despite the lengthy negotiation and discussion that has occurred with the applicant during processing of the application, the development fails to achieve basic planning and design requirements with respect to sunlight, orientation and amenity. In this respect :

* The units facing The Avenue have inadequate light to the dining room.

* The balconies do not meet the 10 square metre control in the DCP for balconies.

* The entrance hall only has natural light on the top floor.

* The units located facing the side boundaries do not have cross ventilation (8 units).

Summary

In conclusion, taking into account the significance of the site in relation to the adjoining heritage items, the location of the site within the Hurstville Town Centre and the inability of the applicant to submit an appropriate design despite lengthy and detailed consultation, it is recommended that the Development Application be refused.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 14-16 THE AVENUE, HURSTVILLE (D.A. 59/97)
ERECTION OF A FOUR STOREY MIXED USE BUILDING OVER BASEMENT PARKING
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 14-16 THE AVENUE, HURSTVILLE (D.A. 59/97)
ERECTION OF A FOUR STOREY MIXED USE BUILDING OVER BASEMENT PARKING
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council refuse consent to Development Application DA 59/97 for the erection of a four storey mixed use building at Nos. 14-16 The Avenue, Hurstville for the following reasons :

1. The development does not comply with the design principles outlined in the Hurstville Town Centre Draft Development Control Plan.

2. Council is not satisfied that the development will not adversely impact upon the adjoining heritage items, following an assessment carried out in accordance with Section 90(S)(e) of the Environmental Planning and Assessment Act and clause 28 of Hurstville Local Environmental Plan 1994.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03 DEVELOPMENT APPLICATIONS - PENSHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.01 84 PENSHURST STREET, PENSHURST (D.A. 454/96)
THREE STOREY MIXED USE DEVELOPMENT WITH BASEMENT PARKING
(Report by Town Planner, Mr. N. Harrison)




Applicant : Petersham Pool Centre Holdings Pty. Ltd.
Proposal : THREE STOREY MIXED USE
DEVELOPMENT WITH BASEMENT
PARKING
Zoning : Zone No. 3(a) - General Business
Owners : Mr. David Sharrett
Petersham Pool Centre Holdings Pty. Ltd.
Existing Development : Commercial Pool Centre
Cost of Development : $1,400,000

PRECIS OF REPORT

1. Council recommendation from the meeting held on 30 April, 1997 was for deferral.

2. Penshurst Ward Councillor/Council Officer meetings held to discuss possible development options.

3. Application referred to Roads and Traffic Authority and relevant Council Officers.

4. "Bulky Goods" floor space and carparking requirements.

5. Recommendation - Approval subject to conditions and including a monetary contribution in lieu of the physical provision of parking.


A development application for the mixed use development was lodged with Council on 30 December, 1996 following detailed discussions with Council's planning officers and a meeting with Council's Divisional Manager, Policy, Planning and Environment. A report to the Development, Health and Planning Committee on 30 April, 1997 was recommended for approval. Council resolved that the Development Application No. 454/96 be deferred and referred to Ward Councillors for an inspection and report with Council Officers. Further that Council grant delegated authority to the General Manager to determine the application but only where such a determination is in accordance with the recommendations of the majority of Ward Councillors.

Existing and Surrounding Development

Previously outlined in the report to the Development, Health and Planning Committee meeting held on 30 April, 1997.

History

30/12/96Development Application No. 454/96 submitted
11/2/97 - 4/3/97Development Application notified to affected and adjoining property owners
11/2/97Development Application publicly notified in the "St. George and Sutherland Shire Leader"
17/3/97Meeting held with the applicant to discuss the basement car parking issues, vehicular manoeuvring and to view a scale model of the proposal.

Application referred to Council's Tree Preservation Officer for comment regarding several Illawarra Flame Trees on an adjoining property in Penshurst Street, Penshurst
3/4/97Amended plans received for basement carpark
30/4/97Application reported to Development, Health and Planning Committee, recommended for approval, subject to conditions. Matter deferred and referred to Ward Councillors for an inspection and report with Council officers and further, that Council grant delegated authority to the General Manager to determine the application.
15/5/97Ward Councillors meeting held with a decision made to defer the application pending a satisfactory response from the applicant regarding parking shortfall.
16/6/97Meeting between Penshurst Ward Councillors, the applicant and relevant Council Officers, issues discussed included parking shortfall and access and egress issues.
22/7/97Relevant Council Officers and Ward Councillor meeting held to further discuss above issues. Financial levy in lieu of parking shortfall discussed. Parking standard agreed to be investigated for "bulky goods" retailing.
29/7/97Council's Manager, Development Services investigated a cross-section of Sydney Councils regarding parking provisions for "bulky goods" retailing. A meeting of Ward Councillors agreed to a provision of 1/60 square metres GFA with a recommendation to Council's Traffic Committee for conditions to be added if the development is approved.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 3(a) - General Business under the Hurstville Local Environmental Plan 1994, and the proposal is permissible within the zoning with Council consent. The proposal has been assessed against the provisions of Council's Local Environmental Plan and the aims and objectives of the General Business 3(a) zone.

No specific Development Control Plan for the Penshurst Town Centre has to date been formulated by Council. However, the 1994 Hurstville Local Environmental Plan within this zone permits a floor space of 1.5:1. The degree of variance sought is an increase of 0.74:1, therefore resulting in a floor space ratio of approximately 2.24:1. Concurrence of the Department of Urban Affairs and Planning (DUAP) under the provisions of the SEPP1 will be required should Council wish to proceed with this proposal and vary the General Business 3(a) zone floor space ratio for this application. Council's policy for commercial areas sets a maximum non-residential floor space portion of 1:1 within the commercial floor space ratio of 1.5:1. The development complies with this requirement.

Proposed Development

Details of the proposed development were previously outlined in the report to the Development, Health and Planning Committee held on 30 April, 1997.

Tabled Information

Proposed
Council Requirement
Compliance
Site Area
564.36 m2
N/A
Floor Space Ratio
2.24:1
1.5:1
No
Building Height
12.0 m (3 storeys)
12.0 m (residential)
Yes
Private Open Space:
144 m2 (min)
12.0 m2
Yes
Building Setbacks: Forest Road
Nil
Nil
Yes
Penshurst Street
Nil
Nil
Yes
Parking
15
32
No
Visitor Parking
1
Nil
Yes
Building Envelope
N/A
N/A
N/A
Frontage
30 m (approx)
N/A
Yes

Outstanding Issues

Following Council's initial resolution to defer determination of the Development Application and the first of a series of Ward Councillor meetings, it was evident that the following issues remained outstanding :

a) Vehicular access to the site and related issues of safety both vehicular and pedestrian.

b) Provision of parking and parking shortfall.

c) Consideration of floor space ratio substantially in excess of that permitted by LEP 1994.

a) Vehicular Access

Vehicular access for the proposed development is off Penshurst Street, by way of a single 4.5 metre wide entry to the basement carpark. During initial meetings with Ward Councillors concerns were raised regarding the impact of vehicles entering and leaving the site at this point upon traffic and pedestrians in Penshurst Street.

The proximity of the proposed access point to the intersection of Penshurst Street and Forest Road was considered to be detrimental to traffic movements and potentially dangerous to both vehicles and pedestrians. On this basis a request was forwarded to the RTA to permit vehicular access to the development to be relocated to Forest Road. However, this request was refused and access must therefore be accepted onto Penshurst Street. To alleviate the potential traffic and safety impacts of this access point, the following requirements have been recommended as conditions of Development Consent :

* Vehicular access be restricted to left turn in, left turn out only.

* An automatic boom gate must be installed at the vehicular exit from the property to ensure that vehicles stop before entering Penshurst Street.

* Two (2) parking spaces be set aside within the basement for delivery vehicles.

These proposed conditions and other issues relating to access to the site will be considered by Council's Traffic Committee at its Meeting to be held on 7 August, 1997. The Traffic Committee's recommendations will be reported to Council at the time this item is discussed.

b) Carparking Provision

Council's existing Parking Code requires a monetary contribution to be paid in lieu of the physical provision of parking spaces. The Code sets an amount per space for the Penshurst commercial centre of $7,700 per space. On the basis that this amount has not been the subject of review since 1989, Council's Divisional Manager, Engineering was requested to review the amount to determine an appropriate 1997 contribution per space. The Divisional Manager's response is provided in full for Council's information :

"For comparison purposes I have used the property at 19 Connelly Street purchased by Council for ultimate development of the adjacent public carpark and currently used as a temporary long day care facility.

The property has dimensions of 11.86m x 38.10m and an area of 451.86 square metres. Based on optimum carparking layout in conjunction with the adjacent carpark a yield of 21 square metres per parking space may be possible and this site could accommodate 21.5 spaces.

As a stand alone property No. 19 Connelly Street could accommodate just 15 spaces.

Costs associated with the development of the site as an at grade carpark are :

Purchase (1985) $205,000

Inflation 5% / year $21,012

Construction @ $100 / square metre $45,186

Total $271,1989

Accordingly the costs per space for provision of carparking could be assessed as :

Optimum return : $271,198 / 21.5 = $12,614 / space

Standalone return : $271,198 / 15 - $18,080 / space

Accordingly I suggest that a contribution rate of between $12,600 and $13,000 per space would be an acceptable if not generous concession to the developer should Councillors be prepared to accept such contribution in principle to permit the development in its current form to proceed."

On the basis of Council accepting a contribution of $12,614 per space the proposed development would be subject to a monetary contribution of $214,438. This is based on a calculation of a total of 32 spaces being required for the development, with only 15 being able to be provided on-site. The total of 32 spaces is achieved on the basis of assuming that the ground floor showroom of the development will consist of retail shops, therefore requiring one (1) parking space for every 28 square metres of floor space. The applicant has argued that the ground floor will operate as a 'bulky goods' showroom and as such will require less parking than retail uses.

As a consequence of this perceived discrepancy in parking calculation a survey of other Councils was undertaken to determine a reasonable parking rate for showrooms.

Survey of Parking Requirements for Bulky Goods Showrooms

South Sydney

- Warehousing = 1/100 m2 GFA
- Retailing = 1/50 m2 GFA
- Commercial/Offices = 1/25 m2 GFA

i.e., Supacentre, South Dowling Street, approved by the Land and Environment Court at 1/65 m2 for bulky goods.

Sutherland

- Industrial = 1/100 m2 GFA
- Retail/Commercial
Ground Floor = 1/30 m2
Above Ground = 1/40 m2
- Bulky Goods = 1/50 m2

i.e., Taren Point Supacentre = 22,000 m2 GFA
= 583 spaces
= 1/40 m2

Wollongong

- Industrial = 1 per 60 m2
- Bulky Goods = 1 per 60 m2
- Retail = 1 per 25 m2

Auburn

- Bulky Goods = 1/50 m2

On the basis of the above survey it is considered reasonable for Council to accept a rate of parking for showrooms in commercial areas being calculated at one (1) space per 60 square metres. However, if Council is to accept that the ground floor of the development is to be utilised for showroom purposes only, it is recommended the consent be conditioned such that the use of the ground floor must comply with the definition of 'bulky goods' showroom. In this case should the developer or any future owner wish to change the use of the ground floor to retail shops at any time in the future, Development Consent would be required. Council could then recalculate the parking requirements and a further parking contribution would be payable.

In the present instance should Council accept one (1) per 60 square metres for the ground floor, the total parking requirement for the site is twenty-four (24) spaces, the shortfall is nine (9) spaces, and the contribution required is $113,526. This is considered a reasonable, equitable amount, and upon the recommendation of the Divisional Manager, Engineering should be used for the partial recovery of the funds expended by Council on the purchase of No. 19 Connelly Street.

Floor Space Ratio

Variance is sought to the FSR control by the applicant on the basis that as the subject site is a key corner urban site which, in its proposed form, will provide a mix of uses without excessive height, completes the built edge along Penshurst Street, responds to the areas topography and does not impinge on the amenity of the immediate environment.

A formal SEPP1 objection application has been lodged by the applicant to vary the floor space ratio. The basis of the objection is to enable the development of this site as a quality mixed use building which will improve the amenity of the existing site and contribute to the street amenity of Penshurst Street, towards Penshurst Station.

The Divisional Manager, Policy, Planning and Environment supports some variation of the floor space ratio as corner sites have particular merits which can sustain a greater building size.

If Council resolves to support the SEPP1 objection for variance to the FSR control from 1.5:1 to 2.24:1 the matter must then be forwarded to DUAP for concurrence.

Building Height

No specific building envelope or Development Control Plan for the Penshurst Town Centre is yet to be formulated. The proposal is however, three (3) storeys in height and is considered acceptable given the location, existing use and surrounding development west along Penshurst Street. It should however, be highlighted that generally, the predominant height of buildings along Penshurst Street are one and two storey.

Manager, Building Services

The proposal was referred to the Manager for assessment against the provisions of the Building Code of Australia. It was advised that a number of areas be addressed at the Building Application stage. These included garbage storage, loading dock, direct access from carpark to retail/commercial areas, vehicle manoeuvrability and building projection.

Manager, Development Advice

The proposal was referred to the Manager for assessment. Standard conditions relating to stormwater, on site detention, paving blocks for the footpath in Penshurst Street and kerb and gutter replacement were highlighted.

Manager, Traffic and Transportation

The proposal was referred to the Manager for assessment. A number of concerns were identified for further investigation and these include inadequate carparking, ramp grades, driveway safety and on-site service facilities (loading dock).

Public Notification and Comment

The proposal was advertised in the "St. George and Sutherland Shire Leader" and adjoining residents were notified by letter and given twenty-one (21) days in which to view the plans and submit any comments on the proposal. Three (3) submissions were registered and their concerns are outlined below :

i) Floor Space Ratio

"The proposed floor space ratio for this development is 2.24:1 which substantially exceeds Council's stated floor space ratio for the area."

Comment : The applicant has submitted a SEPP1 objection to this control to which Council has the discretion to seek concurrence from the Department of Urban Affairs and Planning should it consider it worthy of approval.

ii) Lack of Neighbourhood Character

"It was not so long ago that I read with great joy that Council had committed itself to retaining the village atmosphere of Penshurst and I feel that a development of three storeys would totally destroy any village atmosphere. Further retail development is surely not needed in Penshurst as Hurstville is only one station away and very well served by bus and train services. There have been empty shops in Penshurst for many months and indeed, the closure of the Westpac Bank in Penshurst spelt the death knell for several small outlets struggling for patronage and there is certainly no demand for a development of this kind.

Hurstville retail and business district is fast becoming immense and, whilst one is able to enjoy shopping in all its forms there, it is most necessary to one's quality of life to be able to return to the village atmosphere of Penshurst where one can certainly purchase all one's necessities in foodstuffs as we are well served by two supermarkets, venturing only into the hurly-burly of Hurstville for any other requirements.

Penshurst shopping area is comprised of two-storey buildings interspersed with the occasional one-storey building and the additional height of a three-storey building would severely alter the profile of the area. I sincerely hope that in considering this application Council will not forgo its commitment to retaining the status quo in Penshurst and I shall await your comments and decision with concern."

Comment : The proposal has been forwarded to Council's Divisional Manager, Policy, Planning and Environment for comment, who advised that the proposed site would be acceptable for this form of development and future direction of the Penshurst town centre. The above comment is subjective and based upon one individual's personal opinion. It does, however, provide some areas that need careful consideration at Council level.

iii) Building Works

"Construction works will damage the adjoining property."

Comment : Builders are required to protect adjoining lands.

iv) Trees on Adjacent Land

"We would also draw Council's attention to the fact that several mature Illawarra Flame Trees (Brachychiton Acerifolium) which are close to our boundary, could very well die as a result of excavations for the basement of the proposed building, and we would point out that these trees have formed an important part of the Penshurst streetscape for the last thirty years."

Comment : Council's Tree Preservation Officer has inspected the neighbouring site where the trees exist and advises that the proposed building can be constructed without causing any problems to these trees.

Summary

Two major issues require consideration in determining this application, one being parking and the other, floorspace. It is considered that both have been resolved satisfactorily.

The proposed redevelopment of 84 Penshurst Street, Penshurst is considered to be of an appropriate scale and mix of use for the Penshurst locality and surrounds. It is acknowledged that the predominant building height within Penshurst is a mix of one and two storey development. The development, however, will increase the edge definition of Forest Road and Penshurst Street being a prominent corner site.

The proposal is reasonably removed from the main focus of the Penshurst commercial strip and will therefore not adversely affect the amenity of the surrounding local area. The development will, however, generate pedestrian activity towards Forest Road and provide a good opportunity to redevelop an under-utilised site in Penshurst Street.

It is for these reasons that Council is recommended to support the SEPP1 objection submitted by the applicant with respect to the proposed floor space ratio increases with it being noted that the concurrence of the Department of Urban Affairs and Planning will be required to endorse this increase.

In addition, the shortfall in parking provision based upon a requirement of one (1) space per 60 square metres for the "bulky goods" floor area is nine (9) spaces, and should be met by the applicant. Based on the contribution rate of $12,614 per space, a contribution levy of $113,526 is to be included as a condition of consent.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 84 PENSHURST STREET, PENSHURST (D.A. 454/96)
THREE STOREY MIXED USE DEVELOPMENT WITH BASEMENT PARKING
(Report by Town Planner, Mr. N. Harrison)


. Recommendation 84 PENSHURST STREET, PENSHURST (D.A. 454/96)
THREE STOREY MIXED USE DEVELOPMENT WITH BASEMENT PARKING
(Report by Town Planner, Mr. N. Harrison)



RECOMMENDATION


THAT Council as the consent authority grant development consent for the establishment of a mixed use development and associated basement parking at No. 84 Penshurst Street, Penshurst, subject to the following :

A. Payment by the applicant of a monetary contribution to the value of $113,526 in lieu of the physical provision of nine (9) parking spaces, such contribution to be lodged prior to the issue of a Building Approval.

B. Conditions of consent as outlined below.

GENERAL

1. Compliance generally with Drawing No da01-08 tables and documentation prepared by Nicholas Turner and submitted with DA 454/96, except where amended by the conditions of consent.

2. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993, accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

3. Advertising signs shall not be erected without prior application to and approval by Council. All advertising signs shall comply with the provisions of Council's Code for the erection of advertisements.

4. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

5. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

6. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

7. The area and/or work being the subject of the development consent, shall not be occupied or the use commence until a final inspection has been made by Council and a Certificate of Classification has been issued.

8. The developer shall comply with any and all requirements of WorkCover Authority of N.S.W.

9. No burning of demolition or waste materials shall be carried out on the subject site.

10. A street number shall be clearly displayed in a prominent location at the front of the premises at all times, and shall be affixed to the building before occupation.

11. All plumbing except stormwater downpipes and vent pipes shall be kept within the building and not exposed to public view.

12. Compliance with the requirements of Energy Australia in relation to the provision of a site within the subject land for the establishment of an electricity kiosk type substation, if required for the locality. Prior to submission of building plans, the developer shall present details of the development in writing to Energy Australia and obtain confirmation of that authority's requirements. The kiosk site shall be dedicated at the applicant's expense for use of Energy Australia.

13. Should the subject site be unoccupied or vacant the applicant or owner shall erect or install 1.8 metre high cyclone fencing to enclose the site. Such work is to be completed to within twenty-eight (28) days of the date of the development consent and to the satisfaction of the Manager, Building Services

14. That the proposed development provide for access for people with disabilities in accordance with the provision of AS 1428.1 as set out in the Building Code of Australia - Building.

15. In accordance with the survey plan and levels submitted by Degotardi, Smith & Partners, the proposed dwellings shall not exceed RL 111.85 at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

CARPARKING

16. Visitor spaces to be identified on any proposed strata plan and spaces to be suitably signposted on site using metal screw-on or rivet-on type signs.

17. The provision on site of fifteen (15) car spaces in accordance with plans submitted with D.A. 454/96.

18. All entry and exit points and one or two way circulation movements are to be clearly signposted to the satisfaction of Council.

19. Car parking space numbered 13 on submitted plans shall be deleted.

20. All car spaces shall have minimum dimensions of 2.5m X 5.5m, except for disabled spaces which shall have minimum dimensions of 3.0m X 5.5m.

21. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

22. All access driveways, queuing areas, ramps, gradients and the like for basement and ground level parking areas are to conform with the provisions of Australian Standard AS 2890-1-1993 - Parking Facilities except where otherwise required by Council. Details are to be submitted with the Building Application for approval.

23. Driveway access/egress is to be increased to a uniform width of 4.5 metres.

24. Access to the development is to be restricted to left turn in, left turn out only via Penshurst Street.

25. An automatic boom gate must be installed at the vehicular exit from the property to ensure that vehicles stop before entering Penshurst Street.

26. A loading dock is to be provided and clearly marked for such purposes over carparking spaces indicated on the submitted plans as Nos. 13 and 14, details to be submitted with the Building Application

ENGINEERING

27. All stormwater to drain by gravity to the kerb and gutter in Forest Road and the underground garage area to be pumped to the same kerb and gutter.

28. Applicant to pay Council to construct a 150mm thick concrete crossing reinforced with F72 mesh and to replace the layback with kerb and gutter.
Quote given on request.
OR
Construction of the above work by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

29. The asphalt footpath in Penshurst Street to be replaced with paving blocks to match those already laid in Penshurst Street both in colour and pattern.

30. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.
NOTE : The engineer must also detail the method of subsoil drainage including the disposal of stormwater from the basement level to the street level to the street gutter.

31. The applicant to provide an on site detention (OSD) facility designed by a professional hydrological/hydraulic engineer, showing computations of the inlet and outlet hydrographs and stage/storage relationships of the proposed OSD using the following design parameters:

* For events up to a 5% annual exceedance probability (AEP) design event as defined by Australian Rainfall and Runoff (May 1987), maximum peak site discharge resulting from the development shall not be greater than peak site discharge under existing conditions for all durations up to the time of concentration with OSD included and of the same AEP.

* Where the stormwater discharge points are connected to the street gutter system, the peak flow from the site shall not increase the width of gutter flow by more than 200mm at the design storm.

* The OSD facility shall be designed to meet all safety requirements and childproof safety fencing around the facility must be provided where the OSD facility is open or above ground when the design peak storage depth is greater than 300mm.

32. Submission to Council of a report prepared by a qualified Geotechnical Engineer practising in the field of geotechnical investigations, detailing the stability of the site and specifying any design constraints to be placed on the proposed foundations, earthworks, excavations and constructions for the proposed building.

33. Structural details being submitted with the Building application detailing the proposed method of supporting and retaining the excavation.

ENVIRONMENTAL MATTERS

34. During excavation and construction of the proposed development adequate environmental controls must be undertaken, as outlined in Council's "Guidelines on Sediment and Silt Control" to ensure there are no sediments, spillages or contaminated water which leaves the building site. Details to be submitted with the Building Application.

35. Maximum noise levels from any mechanical ventilation system or equipment must not exceed the background noise level when measured at the boundary and within any adjoining residential premises. Details of the mechanical ventilation system or equipment and details of the location and discharge points must be submitted with the Building Application. An acoustical engineer's report detailing the noise levels must be submitted on completion of the installation.

HEALTH

36. A garbage storage area being suitably located and designed to the satisfaction of the Council. The location, size and method of construction is to be indicated on the Building Application. The storage area is to be suitable for the storage of litre mobile garbage carts.

37. The builder shall maintain the footpath in a clean and safe condition at all times during construction of the building and associated site works. Failure to observe this requirement may result in Council itself taking action for the purpose of making temporary repairs or providing temporary protection for the purpose of establishing public safety adjacent to the building site. The cost of carrying out these works shall be charged against the cash bond in the sum of $1,500, payable to Council prior to the release of this approval.

SECTION 94 CONTRIBUTIONS

38. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $5,085 and payable prior to the release of the approved building plans.

39. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $566 and payable prior to the release of the approved building plans.

LANDSCAPING

40. The developer and his agents shall take all measures to prevent damage to trees and root systems of the trees on the adjoining property during site works and construction.

41. Where a sub-station kiosk is required, such shall be suitably located and screened, and details of screening and location shall be submitted with the landscape plans and shall be to the satisfaction of Council.

RESTRICTIONS ON USE

42. The use of the ground floor showroom must at all times comply with the definition of 'bulky goods salesroom or showroom' as outlined in LEP 1994. Any proposed change of use to retail must be the subject of a separate Development Application.

ADVISORY NOTES REGARDING THE
SUBMISSION OF A BUILDING APPLICATION


A) Ventilation to the basement carpark must be carried out in accordance with clause F4.11 of the Building Code of Australia. Details to be submitted for approval. Should a system of mechanical ventilation be proposed, details must be prepared by a mechanical engineer and comply with AS 1668 .

B) Hydrants and hose reels must be provided in the building in accordance with Part E1 of the Building Code of Australia. Details prepared by an hydraulic engineer must be submitted for approval and comply with AS 2419 and 2441 respectively.

C) The building must be provided with a system of Smoke Hazard Management in accordance with Part E2 of the Building Code of Australia. Details prepared by a suitably qualified person to be submitted to Council for approval.

D) Emergency lighting and exit signs must be installed in the building in accordance with Part E4 of the Building Code of Australia. Details complying with AS 2293.1 must be submitted to Council for approval.

E) The building is required to be in Type A construction details of each building element must be specified to comply with Specification C1.1 of the Building Code of Australia.

F) The travel distance at basement level, first floor and second floor level requires to be amended to comply with Clause D1.4 of the Building Code of Australia.

G) The residential stair must be designed and constructed as a fire isolated stair with a connecting fire isolated passage way at second floor level.

H) All required exit doors must swing in the direction of egress.

I) Window openings in the top floor units which adjoin the path of travel between the exit door from the furthest unit to the required stairway/passageway must be protected in accordance with C3.4 of the Building Code of Australia.

J) Noise transmission and insulation between walls of adjoining units must comply with Part F5 of the Building Code of Australia.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04 DEVELOPMENT APPLICATIONS - PEAKHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.01 1 DAME MARY GILMORE ROAD, OATLEY AND 57A LORRAINE STREET, PEAKHURST (D.A. 97/97)
INSTALLATION OF DRINK VENDING MACHINES
(Report by Town Planner, Mr. J. Brannan)




Applicant : David Crane & Associates
Proposal : INSTALLATION OF DRINK
VENDING MACHINES
Zoning : Zone No. 6(a) - Open Space
Owners : Hurstville City Council
Existing Development : Tennis Courts and Golf Course / Parkland
Cost of Development : $3,000

PRECIS OF REPORT

1. Divisional Manager, Engineering Report No. 1 to the Works Committee on 26 February, 1997 requested Development Application submission for the use.

2. Notification of the proposal to the public via an advertisement in the "St. George and Sutherland Shire Leader" of 24 June, 1997. Three (3) submissions were received.

3. No objections received from Development and Health or Engineering Divisions.

4. Recommendation - Approval subject to conditions.



Existing and Surrounding Development

The sites chosen for this proposal are currently well utilised sporting and recreational facilities within the municipality, used by the public for a variety of purposes such as golf, tennis, bushwalking, and various outdoor activities. The sites are owned by Council and are regularly maintained by Council's Parks and Gardens Officers. The tennis court site in Roberts Avenue is located opposite Council's Work Depot. The "Castle" is located at the southern extremity of Oatley Park near the tidal baths.

History

26/2/97Report to the Works Committee from the Divisional Manager, Engineering, giving details of the proposal prior to lodgement of the Development Application by the applicant
12/5/97Lodgement of the Development Application
24/6/97 - 15/7/97Notification to the public via an advertisement in the "St. George and Sutherland Shire Leader"

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 6(a) - Open Space under the Hurstville Local Environmental Plan 1994, and the proposal is permissible within the zoning with Council consent.

Proposed Development

The vending machines to be installed are provided by Coca Cola Amatil with a new style of machine which has been developed to be more attractive, user friendly and vandal resistant than its predecessor. The machines will be painted in Council's Heritage Green with the front of the machines having a picture depicting a golfer or tennis player. The style and appearance of these vending machines is such that they do not stand out but blend in with the surrounding environment as if they had always been there. It is proposed to locate one drink machine at the rear of the existing brick shelter adjoining court No. 5 at Roberts Avenue tennis courts and to locate one drink machine in close proximity to the store room on the western side of the northern wall of the building at the "Castle" at Oatley Park. Neither of the locations proposed have existing facilities for refreshment within close proximity.

The drink vending machines will be maintained regularly by servicing, restocking and location cleanliness to be carried out by technicians and managers.

Manager, Building Services

A referral was made to the appropriate building surveyor for comment in relation to the proposal. No objections were made.

Public Notification and Comment

The proposal was advertised in the "St. George and Sutherland Shire Leader" and adjoining residents were notified by letter inviting them to view the plans and submit comments on the proposal within twenty-one (21) days. Three (3) submissions were registered and their concerns are outlined below.

i) Out of Character

Concern has been raised that the proposal was out of character with the park and its existing facilities and was not required as families on outings and picnics usually make their own arrangements for food and refreshments.

Comment : The applicant has provided details that indicate the vending machine to be located in a suitable region of Oatley Park and is designed to blend in with the park's environment via colours and style, unlike the design of the original machines. Demand for these types of self serve machines has increased over the years with it now becoming the norm within society as a whole. Parks and locations of recreation and leisure are providing such facilities due to convenience and public demand.

ii) Rubbish/Litter

The issue of further rubbish being dumped at such sites.

Comment : Rubbish bins will be located in the vicinity of the vending machines. The machines will be restocked and serviced regularly and the surrounding area cleared of rubbish associated with the machines by the technicians in line with Amatil's policy.

iii) Vandalism

The machines may be subject to vandalism after hours and may attract students from surrounding schools due to their isolation.

Comment : The vending machines are constructed to be vandal-proof and as mentioned in the information provided by Amatil are connected to an electronic paging system for security and servicing.

The problem of delinquency and truancy by students from surrounding schools is not related to this proposal from an planning perspective and is controlled and monitored by the school system and the community as a whole.

Summary

The proposal for the installation of drink vending machines at Roberts Avenue tennis courts and the "Castle" in Oatley Park is in character with public demand for such facilities and is being constructed as a common-place facility at most parks and recreation/leisure facilities throughout New South Wales. With the above details of this report taken into consideration, approval is recommended subject to a temporary approval for twelve (12) months, after which it will be re-evaluated as to its impact during this time.


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 1 DAME MARY GILMORE ROAD, OATLEY AND 57A LORRAINE STREET, PEAKHURST (D.A. 97/97)
INSTALLATION OF DRINK VENDING MACHINES
(Report by Town Planner, Mr. J. Brannan)


. Recommendation 1 DAME MARY GILMORE ROAD, OATLEY AND 57A LORRAINE STREET, PEAKHURST (D.A. 97/97)
INSTALLATION OF DRINK VENDING MACHINES
(Report by Town Planner, Mr. J. Brannan)



RECOMMENDATION


THAT Council as the consent authority grant development consent for the installation of drink vending machines at Roberts Avenue tennis courts and the "Castle" at Oatley Park, subject to the following conditions :

GENERAL

1. Compliance generally with Drawing No DD.01-02 and documentation prepared by Sam Girgis, Architects and David Crane & Associates dated 12 March and 21 April, 1997 and submitted with DA 97/97, except where amended by the conditions of consent.

RESTRICTIONS ON USE

2. This consent is valid only for a period of twelve (12) months from the date of Council's letter of consent. Further notification is required prior to the expiry of twelve (12) months from the date of this notice for any extension of time of this approval.

3. All litter and rubbish in the vicinity of the machines arising from the use of the vending machines is to be cleared regularly by Coca Cola Amatil and to the satisfaction of Council.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
ADDENDUM

SECTION 1


05.04.02A 12-16 SHORT ROAD, RIVERWOOD (D.A. 99/97)
14X3 BEDROOM RESIDENTIAL UNITS
(Report by Town Planner, Ms. W. Wong)




Applicant : H. & J. Sakr Investment Pty. Ltd.
Proposal : 14 x 3 BEDROOM RESIDENTIAL
UNITS
Zoning : Zone No. 2 - Residential
Residential Development
Control Plan 1994 : Development Area "D"
Owners : Henry Hajjar, Antoinette Hajjar, Robert Anthony
Robinson, Frances Jean Robinson, Hazel Joan
Walter
Existing Development : Three Cottages
Cost of Development : $1,120,000

PRECIS OF REPORT

1. Proposal to construct a three storey residential flat building containing 14 x 3 bedroom units with basement carparking.

2. No objection is raised by Council's Building Surveyor or Engineer.

3. Proposal does not satisfy the density requirement under Council's Code.

4. The building projects the building envelope at the rear boundary.

5. Five (5) submissions received from public notification.

6. Recommendation - Approval with conditions, to be delegated to the General Manager upon satisfactory resolution of drainage issues.



Existing and Surrounding Development

The site is currently three separate allotments each occupied by a single storey residence. The area is designated as Development Area "D" and the subject development is the first of its kind to be proposed in the area.

The site is located north of Short Road which is off Belmore Road. The site is in close proximity to the railway station and the main retail and commercial area of Riverwood. The surrounding area is predominantly residential with one or two storey detached dwellings.

History

13/5/97Development Application submitted to Council
18/6/97Supplementary plan including shadow diagram and landscape calculation plan submitted to Council
26/6/97 - 17/7/97Advertisement placed in local press and adjacent owners notified
1/8/97Amended plans submitted by the applicant

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 2, Residential under the Hurstville Local Environmental Plan 1994, and the proposal is permissible within the zoning with Council consent. The proposal has been assessed against the provisions of Council's Interim Residential Development Code and its relevant amendments.

Proposed Development

The applicant proposes to demolish the existing dwellings on site and construct a three level flat building over one level of basement carpark. The proposal comprises 14 x 3 bedroom residential units. Each unit contains the usual amenities including living, dining, bedrooms, bathroom, laundry, kitchen and balconies. Driveway access is from Short Road leading to the basement carpark which is provided with adequate turning and manoeuvrability for vehicles. Eighteen (18) residential carparking spaces including ten (10 single garage and four (4) double garages and four (4) visitor carparking spaces are provided. The proposal provides approximately 750 square metres (51.1%) of open space on the ground floor. Although the applicant has included the hard paved area in this calculation of open space when the hard paved area is excluded, the proposed landscaped open space is approximately 670 square metres which is in compliance with the requirements under Council's Code. The units are also provided with balconies of 12.0 square metres to 20.0 square metres in size, most being 2.5 metres in width.


Tabled Information

IRDC Requirement
(Development Area "D")
Proposed
Compliance
Site Area
1463.2 m2
Density (105 m2 / unit)
13.9
14
No
Landscaped Open Space
658.44 m2
(45%)
748.69 m2
(including 77 m2 of the hard paved area)
Yes
Private Open Space
12.0 m2
12.0m2 - 30.0m2
in the form of balconies and terraces
Yes
Dimension of open space
12.0 m2 (with minimum width of 2.5m)
1.0 - 2.5 m
Partial
Building Setbacks:
Front
Rear
Side
6.0 m
6.0 m
4.0-7.0 m
6.0 m
6.0 m
4.0-7.0 m
Yes
Yes
Yes
Height of Building
3 storeys



12.0 m
3 storeys over one basement carparking

approx. 10.0 m
Yes



Yes
Carparking :
Residential
Visitor Parking
17.5
3.5
18
4
Yes
Yes
Building Envelope :
Front
Rear
1.5m/45o
1.5m/45o
1.5m/45o
1.5m/45o
Yes
Partial
Part of the roof of rear wall protrudes out of the building envelope
Frontage
24.0 m
38.4 m
Yes

Comment :

Density - The size of the land does not satisfy the density requirement for 14 units in Development Area "D". The applicant has applied for a variation in density. Since the variation is very small being 6.8 square metres out of the total area, this is considered acceptable.

Dimension of Open Space - All the balconies to the living rooms meet the minimum requirement. However, the proposed balconies to the bedrooms for Units 10 and 12 do not meet the minimum width of 2.5 metres making them unusable. As a result, the balconies which are not in compliance shall be deleted.

Building Envelope - The proposed building does not meet the building envelope requirement. The area affected is only a 4.5 metre length of wall at the rear (i.e. kitchen to Unit 9) which will make no difference to the privacy or overshadowing of adjoining lands. On this basis, the variation is considered reasonable.

Manager, Building Services

The proposal was referred to the appropriate building surveyor who raised no objection with incorporation of standard conditions regarding the building application.

Manager, Development Advice

No objection was raised to the proposed development. However, a registered 1.0 metre wide easement is to be created to allow all stormwater to flow by gravity to the kerb and gutter in Webb Street.

Public Notification and Comment

The proposal was advertised in the "St. George and Sutherland Shire Leader" and adjoining residents were notified by letter inviting them to view the plans and submit comments on the proposal within twenty-one (21) days. Five (5) submissions were registered and their concerns are outlined below.

i) Traffic

Concerns were raised in regard to the additional traffic generated as a result of the development. Short Road is already a very narrow road with cars heavily parked on both sides. The street is now inaccessible to cars. The development will also aggravate the traffic congestion in the Riverwood area. There is also noise and air pollution from motor vehicles.

Comment : The proposed development has provided sufficient off-street residential and visitor carparking spaces which is in compliance with the Code. As such, the development is unlikely to generate the additional carparking demand on the street. Moreover, due to the site's proximity to the railway station, new residents would also be expected to use public transport. Although the development may generate additional traffic flow along Short Road and in the area, the capacity of Short Road would have been assessed to adequately cope with the additional traffic when the area was designated for Development Area "D" where unit development is permissible.

ii) Loss of Privacy/Viewing Amenity

The privacy of the adjoining properties would be destroyed and the access to views would be affected.

Comment : Some overlooking is to be expected with the scale of development permitted within "D" areas. However, to reduce the impact of visual intrusion into the adjoining properties, no living room balconies are proposed for the side elevations. Furthermore, brick parapet balconies are specified for the top floor, i.e., solid rather than transparent to minimise overlooking. Effective deep planting along the boundaries will also help to reduce privacy loss.

iii) Overshadowing

The enjoyment of the sunlight by the adjacent property will be greatly affected.

Comment : The cast of shadow to the adjacent property is at its worst case at 3.00 pm on 22 June. While some overshadowing is to be expected, the shadow effect of the proposed development will still allow the open spaces of adjacent properties to receive at least four hours of sunshine in accordance with Council's Code.

iv) Devaluation of the Property

The market value of the adjacent property will be reduced as no one will purchase a property adjacent to a three storey building.

Comment : The market value of a property depends on various issues. It is only speculation to assess the value of a property based solely on a development proposed next door.

v) Integrity of the Area Will Be Ruined

There are concerns that since the adjacent buildings in the area are all single or two storey dwellings/commercial buildings, the proposed structure would loom above the general landscape, sticking out like the proverbial sore thumb.

Comment : The whole of Short Road is designated as Development Area "D" where the planning intention is for three storey residential unit development. Although the current three storey unit development is the first of its kind along the street, there may be more development proposals which are in compliance with those permitted in Development Area "D" in the future and the streetscape would be substantially changed.

vi) Increase in Population Density

The emergence of a series of high-rise developments in the Riverwood area since 1995 has resulted in an increased population in the area. With the downgrading of Riverwood Police Station and the inaction of Council in dealing with Riverwood's traffic problems, now is not the time to stretch the population to this extent.

Comment : The proposed development is in line with State Government's policy of in-fill development and will assist the housing demand in the area.

vii) Interference with Wireless Reception

The development of medium density housing has forced residents to raise their antennae even higher.

Comment : The effectiveness of wireless reception is not solely dependent upon the height of the surrounding building.

viii) Inadequate Open Space

There are insufficient parklands for children in the Riverwood area.

Comment : The subject site is zoned for residential and there are existing dwellings on site. The proposed development would not hinder the provision of parks within the area. Moreover, Section 94 contributions will be imposed for the requirement for additional open space and embellishment of existing open space as a consequence of the development.

Summary

The applicant has endeavoured to provide a development proposal for a residential flat building that is within an acceptable design and criteria to the satisfaction of Council's IRDC 1995. The proposal indicates general compliance with all provisions of the Code and provides sufficient parking spaces and landscaping. Although the development does not satisfy the density requirement, the shortfall of 7.0 square metres is considered acceptable and the building envelope protrusion will not cause any prejudice to adjoining development. Therefore, it is recommended that the proposed development be approved with conditions.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.02A
DEVELOPMENT & HEALTH

HEADING: Recommendation 12-16 SHORT ROAD, RIVERWOOD (D.A. 99/97)
14X3 BEDROOM RESIDENTIAL UNITS
(Report by Town Planner, Ms. W. Wong)


. Recommendation 12-16 SHORT ROAD, RIVERWOOD (D.A. 99/97)
14X3 BEDROOM RESIDENTIAL UNITS
(Report by Town Planner, Ms. W. Wong)



RECOMMENDATION


THAT Council as the consent authority grant development consent for establishment of a three storey residential flat building consisting of 14 x 3 bedroom units with basement carparking at Nos. 12-16 Short Road, Riverwood (Lots 17, 18 and 19 DP 19859), subject to the following conditions :

GENERAL

1. Compliance generally with Drawing Nos 1, 2, 3 and 4 and documentation prepared by T S Wun dated 9 May, 12 May, 1 August and 6 August, 1997 and submitted with DA 99/97, except where amended by the conditions of consent.

2. In accordance with the survey plan and levels submitted by T S Wun the proposed dwellings shall not exceed RL 26.9 at the main ridge line as measured vertically from any nominated point from natural ground level to the roof line directly above that point.

SECTION 94 CONTRIBUTIONS

3. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for open space/ community recreation facilities.

The contribution is based on the criteria of any development that results in a nett increase in the City's population which will create extra demand on open space and community recreation facilities. Therefore the requirement for additional open space and embellishment of existing open space is a direct measurable consequence of the approved development.

The contribution is $46,197 and payable prior to the release of the approved building plans.

4. Payment to Council of a contribution pursuant to Section 94(1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for community services and facilities.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on community services and facilities.

The contribution is $5,153 and payable prior to the release of the approved building plans.

5. Payment to Council of a contribution pursuant to Section 94 (1) of the Environmental Planning and Assessment Act, 1979. The purpose of the contribution is for the provision of drainage services.

The contribution is based on the criteria of any development that results in a nett gain of people living in the City or a change in the population structure which will create extra demand on drainage services.

The contribution rate for Georges River catchment is $1.77 per square metre of gross land area of the subject site. The amount is $2,590 and payable prior to the release of the approved building plans.

BUILDING CODE OF AUSTRALIA

6. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993, accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

7. All building materials shall be compatible in colour and texture throughout the whole project. Details and colour of building materials shall be submitted with the Building Application.

8. The ground levels of the site shall not be raised/lowered or retaining walls constructed on the boundaries unless specific details are submitted to and approved by Council at Building Application stage.

9. The side and rear boundaries of the site shall be fenced with either 1.8 metre high lapped and capped paling fences (suitably stained) or 1.8 metre high colour bond metal fencing, to Council's satisfaction. This work is to be completed prior to the issue of a Building Certificate. It is to be the responsibility of the developer to pay for the construction of the fence and to ascertain which type of fence is preferred by the adjoining property owners.

10. Permanent power poles are to be either painted or stained with a suitable colour to the satisfaction of Council, prior to the issue of Building Certificate.

11. The building and or work being the subject of the development consent shall not be occupied until a final inspection has been carried out by Council and a Building Certificate issued.

12. The balconies located at the southern side of Units 10 and 12 are to be deleted.

RESTRICTIONS ON USE

13. The hours of work on the site during demolition of the existing building or excavation of the site and construction of the proposed building shall be limited to the hours of 7 am to 5 pm Monday to Saturday inclusive with no work on Sundays, Good Friday, Christmas Day or Public Holidays.
PLEASE NOTE : A separate application for demolition work is required to be lodged with Council for approval prior to the commencement of the work.

14. No burning of demolition or waste materials shall be carried out on the subject site.

CARPARKING AND VEHICULAR ACCESS

15. Applicant to pay Council to :
a) Replace all redundant concrete crossings and laybacks with kerb and gutter.
b) Construct a 150mm thick concrete crossing reinforced with F72 mesh.
Quote given on request.
OR
Construction of the above work by the applicant subject to:
a) This work being carried out in accordance with Council's conditions and specifications.
b) Payment of Council's administration fee.

16. The provision of four (4) visitor car spaces (garages) and ten (10) single garages and four (4) double garages in accordance with the submitted plans. Such spaces, manoeuvring areas, driveways and vehicular crossings are to be suitably constructed, sealed to provide a surface of concrete or bitumen, signposted, clearly linemarked, and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

17. The vehicular driveway and visitor car parking spaces shall be suitably constructed and sealed in material other than natural coloured concrete or bitumen and drained to Council's specifications. Footpath and crossing levels are to be obtained from the Engineering Division at a fee set by Council.

18. All vehicles shall enter or leave the site in a forward direction at all times.

19. All existing vehicular crossings adjacent to the subject property that have become redundant are to be reinstated with kerb and guttering at the applicant's expense prior to issue of a Building Certificate.

20. All car spaces shall have minimum dimensions of 2.5m X 5.5m, except for disabled spaces which shall have minimum dimensions of 2.9m X 5.5m in accordance with Drawing No. 1 prepared by T. S. Wun submitted on 1 August, 1997, all single garages shall have a minimum dimension of 2.9m x 5.5m with minimum clear door jamb width of 2.7m. All double garages shall have a minimum dimension of 5.9m x 5.5m with minimum clear door jamb width of 5.4m. Details shall be submitted with the Building Application.

21. A minimum height between the floor surface and the lowest overhead obstruction shall be 2.1 metres for all areas traversed by cars. A minimum of 3.6 metres headroom shall be provided over all areas traversed by service vehicles.

22. All access driveways, queuing areas, ramps, gradients and the like for basement and ground level parking areas are to conform with the provisions of Australian Standard AS 2890-1-1993 - Parking Facilities except where otherwise required by Council. Details are to be submitted with the Building Application for approval.

23. The vehicular driveway and car parking spaces for each dwelling are to be constructed to Council's specifications in an approved manner. Footpath and crossing levels are to be obtained from the Engineers Department at a fee set by Council.

SUBDIVISION

24. No approval is expressed or implied to the subdivision of the subject land or dwelling/s. For any future Torrens/Strata subdivision, a separate Development Application is required to be submitted to and approved by Council.

DRAINAGE

25. Stormwater drainage plans prepared by a qualified practising hydraulics engineer being submitted to Council with the Building Application. The layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of drainage pits are to be shown.

26. All stormwater to flow by gravity to the kerb and gutter in Webb Street via a registered 1.0 metre wide easement.

LANDSCAPING

27. The submission of a detailed landscape plan, with at least 45% of site area to be landscaped open space, to the satisfaction of the Manager, Development Services, with the building application. This plan is to be prepared by an approved landscape consultant. The plan is to include details of the species, size and number of all plant material, together with the surface treatment of all areas. Moreover, several larger type canopy (native) trees are to be incorporated into the landscape plans. Landscaping shall be completed to the satisfaction of the Manager, Development Services in accordance with the approved plan prior to occupation of the building. All landscaping shall be maintained to the satisfaction of the Manager, Development Services.

Note: In addition the Landscape Plan is to identify all existing trees by Botanical and Common names, having a height which exceeds 3 metres or a girth greater than 300mm at 450 mm above ground level, and their relationship, by scale to the proposed development. NO trees are to be removed or lopped without written Council approval.

28. Perimeter planting along boundaries shall be such as to provide a dense-foliaged plant screen of trees and shrubs over a broad height range to minimise the effect of the development upon adjoining development. Details are to be submitted on the landscape plan to Council for approval.

29. Where a sub-station kiosk is required, such shall be suitably located and screened, and details of screening and location shall be submitted with the landscape plans and shall be to the satisfaction of Council.

PUBLIC UTILITY

30. Compliance with the requirements of Energy Australia in relation to the provision of a site within the subject land for the establishment of an electricity kiosk type substation, if required for the locality. Prior to submission of building plans, the developer shall present details of the development in writing to Energy Australia and obtain confirmation of that authority's requirements. The kiosk site shall be dedicated at the applicant's expense for use of Energy Australia.

TREE PROTECTION

31. The trees to be retained, namely, Podecarpus species situated near the boundary side fence, must be protected during the period of demolition, excavation, site preparation and construction, by the erection of a suitable barrier around the perimeter of each tree. The barrier must be such to prevent damage to the trees and their root system by the movement of vehicles, handling or storage of building materials, excavation, filling or the like. Details of the means of protection must be submitted to Council with the Building Application, and be erected prior to any works commencing on-site.

32. No excavation, filling or compaction, no buildings or structures, and no services may be placed within a 2.0 metre radius of the trunk of the tree.

ADVISORY NOTES REGARDING THE
SUBMISSION OF A BUILDING APPLICATION

A) Details of retaining and/or piling along the side boundaries for basement excavation prepared by a structural engineer to be submitted with the Building Application. Excavation is not to commence unless permanent shoring is in place.

B) Details of RL's and natural ground together with any proposed fill shall be submitted with the Building Application.

C) Hydraulics engineers details to be submitted with the Building Application. A stormwater drainage easement shall be obtained over land at the rear and registered to benefit the subject site.

D) Mechanical ventilation details for basement carpark to be submitted with the Building Application.

E) Details of ventilation and exhaust system to internal bathrooms and laundries to be submitted with the Building Application.

F) Confirmation from NSW Fire Brigade as to the necessity or not of a fire hydrant.

G) A plan of the positioning of site sheds, fencing, truck unloading areas and sedimentation control to be submitted with the Building Application or prior to excavation of the proposed basement.

H) A construction zone should be applied for and relevant fee paid for the length of excavation and construction of the building prior to approval of a building application.

I) Details of the method of construction of the eaves soffit (i.e., fire rated eaves) to the lower level roof areas to be submitted with the Building Application. Roof areas over cantilevered or formed slabs are exempt from this requirement.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05 MISCELLANEOUS AND OTHER MATTERS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
ADDENDUM 2

SECTION 1


05.05.01A PROPOSED VODAFONE TELECOMMUNICATIONS BASE STATION ATOP WATER TOWER - 67B LUGARNO PARADE, LUGARNO (File T/00594)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01A
DEVELOPMENT & HEALTH

HEADING: Recommendation PROPOSED VODAFONE TELECOMMUNICATIONS BASE STATION ATOP WATER TOWER - 67B LUGARNO PARADE, LUGARNO (File T/00594)

. Recommendation PROPOSED VODAFONE TELECOMMUNICATIONS BASE STATION ATOP WATER TOWER - 67B LUGARNO PARADE, LUGARNO (File T/00594)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________


SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION TWO' REPORT
TO THE MEETING OF THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 97 08 13TH AUGUST, 1997-


06:01 Ward Councillors' Report

06:02 Building Applications - Hurstville Ward

06:03 Building Applications - Penshurst Ward

06:04 Building Applications - Peakhurst Ward

06:05 Miscellaneous And Other Matters

06:05.01 458 King Georges Road, Beverly Hills - Application Under S.68(E2) Local Government Act 1993 - Proposed Variation To Code For Commercial Use Of Public Footways (Report By Manager - Divisional Administration, Mr B Daintry)

06:05.02 Georges River Catchment Management Committee - Minutes Of Meeting 26Th June, 1997 (Report By Manager - Environmental Services, Mr P Chrystal)

06:05.03 Attendance At Annual State Conference Of Australian Institute Of Environmental Health And Australian Institute Of Building Surveyors - 25Th August, 1997 To 28Th August, 1997 (Report By Manager - Divisional Administration, Mr B Daintry)

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
SECTION 2


06.01 WARD COUNCILLORS' REPORT

THERE ARE NO WARD COUNCILLORS' REPORTS IN RESPECT OF BUILDING APPLICATIONS FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.02 BUILDING APPLICATIONS - HURSTVILLE WARD

THERE ARE NO BUILDING APPLICATIONS IN RESPECT OF HURSTVILLE WARD FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.03 BUILDING APPLICATIONS - PENSHURST WARD

THERE ARE NO BUILDING APPLICATIONS IN RESPECT OF PENSHURST WARD FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.04 BUILDING APPLICATIONS - PEAKHURST WARD

THERE ARE NO BUILDING APPLICATIONS IN RESPECT OF PEAKHURST WARD FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05 MISCELLANEOUS AND OTHER MATTERS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.01 458 KING GEORGES ROAD, BEVERLY HILLS - APPLICATION UNDER S.68(E2) LOCAL GOVERNMENT ACT 1993 - PROPOSED VARIATION TO CODE FOR COMMERCIAL USE OF PUBLIC FOOTWAYS (Report by Manager - Divisional Administration, Mr B Daintry)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 458 KING GEORGES ROAD, BEVERLY HILLS - APPLICATION UNDER S.68(E2) LOCAL GOVERNMENT ACT 1993 - PROPOSED VARIATION TO CODE FOR COMMERCIAL USE OF PUBLIC FOOTWAY (Report by Manager - Divisional Administration, Mr B Daintry)

. Recommendation 458 KING GEORGES ROAD, BEVERLY HILLS - APPLICATION UNDER S.68(E2) LOCAL GOVERNMENT ACT 1993 - PROPOSED VARIATION TO CODE FOR COMMERCIAL USE OF PUBLIC FOOTWAY (Report by Manager - Divisional Administration, Mr B Daintry)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.02 GEORGES RIVER CATCHMENT MANAGEMENT COMMITTEE - MINUTES OF MEETING 26TH JUNE, 1997 (Report by Manager - Environmental Services, Mr P Chrystal)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.02
DEVELOPMENT & HEALTH

HEADING: Recommendation GEORGES RIVER CATCHMENT MANAGEMENT COMMITTEE - MINUTES OF MEETING 26TH JUNE, 1997 (Report by Manager - Environmental Services, Mr P Chrystal)

. Recommendation GEORGES RIVER CATCHMENT MANAGEMENT COMMITTEE - MINUTES OF MEETING 26TH JUNE, 1997 (Report by Manager - Environmental Services, Mr P Chrystal)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.03 ATTENDANCE AT ANNUAL STATE CONFERENCE OF AUSTRALIAN INSTITUTE OF ENVIRONMENTAL HEALTH AND AUSTRALIAN INSTITUTE OF BUILDING SURVEYORS - 25TH AUGUST, 1997 TO 28TH AUGUST, 1997 (Report by Manager - Divisional Administration, Mr B Daintry)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.03
DEVELOPMENT & HEALTH

HEADING: Recommendation ATTENDANCE AT ANNUAL STATE CONFERENCE OF AUSTRALIAN INSTITUTE OF ENVIRONMENTAL HEALTH AND AUSTRALIAN INSTITUTE OF BUILDING SURVEYORS - 25TH AUGUST, 1997 TO 28TH AUGUST, 1997 (Report by Manager - Divisional Administration, Mr B Daintry)

. Recommendation ATTENDANCE AT ANNUAL STATE CONFERENCE OF AUSTRALIAN INSTITUTE OF ENVIRONMENTAL HEALTH AND AUSTRALIAN INSTITUTE OF BUILDING SURVEYORS - 25TH AUGUST, 1997 TO 28TH AUGUST, 1997 (Report by Manager - Divisional Administration, Mr B Daintry)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
ADDENDUM

SECTION 2


06.05.04A DRAFT POSITION PROFILE - LAW ENFORCEMENT OFFICERS FOR LITTER CONTROL (File C/00148)



"At Council's meeting held on 11th June, 1997, it was resolved:
HURSTVILLE CITY COUNCIL

DEVELOPMENT AND HEALTH

DRAFT JOB DESCRIPTION


POSITION NAME: TEMPORARY LAW ENFORCEMENT
OFFICER

GRADING: < TO BE DETERMINED >

RESPONSIBLE TO: MANAGER - DIVISIONAL
ADMINISTRATION, DEVELOPMENT &
HEALTH

OBJECTIVES:

The objectives of the position of Law Enforcement Officer are to:

* Provide a local government law enforcement service in the City which enforces the provisions of local government and environmental laws, Council's adopted policies and codes in a just and equitable manner.

* Establish and maintain the highest standard of relations with the community at large and promote the service as a helpful and courteous service to residents and business people.

FUNCTIONS AND RESPONSIBILITIES:

(1) Broad Functions
1.1 To enforce the provisions of local government and environmental laws, Council's adopted policies and codes in a just and equitable manner and report any breach to the Manager - Divisional Administration or Police Patrol Commanders as appropriate.
1.2 Develop and maintain a close relationship with local police.
1.3 To present evidence to Court in any legal actions instructed by Council.
1.4 To ensure the security of Council property assets.
1.5 To report any matter affecting Council's risk management, public liability, insurance claims immediately to the Manager - Divisional Administration or responsible line managers of Council.
1.6 Through a programme of regular surveillance and pro-active attention, ensure the regular policing of the following specific duties.

(2) Specific Functions
2.1 Enforcement of Council's Commercial Use of Public Footways Code.
2.2 Enforcement of littering laws.
2.3 Prepare statements of evidence, information and summons.
2.4 Lay information with the approval of the Divisional Manager
2.5 Represent Council in legal proceedings at Court when required.
2.6 Patrol and warn offenders in public places.
2.7 Maintain a presence within business zones at those times identified as being periods in which anti-social behaviour is known to be prevalent to deal with matters within Council's jurisdiction and reporting all other matters immediately to appropriate NSW Police Patrol Commanders.
2.8 Any additional duties as directed by the Manager - Divisional Administration.

3. Conditions of Employment (in part)
3.1 Seven day 38 hour week roster cycle.
3.2 Adherence to Council's Code of Conduct.
3.3 Alteration to commencing and finishing times as is appropriate and
reasonable to facilitate work flow.
3.4 Satisfy police requirements to be sworn in as a Special Constable.
3.5 Wear uniform as supplied by Council

4. Skills Required
4.1 Interviewing complainants and alleged offenders to determine facts.
4.2 Conflict resolution.
4.3 Provide information, advice and assistance to the public.
4.4 Present evidence in Court.
4.5 Write letters and reports.
4.6 Persuade and convince people regarding Council's policies and procedures.
4.7 Customer service.
4.8 Assess information and recommend action.
4.9 Interpret Regulations, Acts and Ordinances.
4.10 Observe and inspect breaches of regulations.
4.11 Issue infringement notices to offenders breaching laws within Council's jurisdiction.

5. Knowledge Required
5.1 Council procedures.
5.2 Local Government Act and Ordinances.
5.3 Legal Procedures.
5.4 Council Policy and Codes.
5.5 Clean Waters Act.
5.6 Counselling techniques.
5.7 Local geography.
5.8 Safe working practices.
5.9 First aid.
5.10 Environmental Offences and Penalties Act.
5.11 Vehicle Laws - Impounding Act, Regulations and Procedures.

6. Training Required
6.1 Ordinance Inspector Training Modules 1-3 ITC.
6.2 Customer service skills training.
6.3 Communication skills.
6.4 Effective report writing.
6.5 Police Academy Law Enforcement Officers Course (Goulburn).
6.6 First Aid (Senior) Certificate.
6.7 Noise Control Certificate (School of Applied Science) TAFE.

7. Performance Standards
7.1 All Action Requests to be dealt with within three (3) days from date of receipt, including reply (in writing or by phone) to the complainant.
7.2 All correspondence to be dealt with within three (3) days from the date of receipt.
7.3 Number of complaints against individual officers to be minimal.
7.4 All investigations and inspections shall be recorded in a personal diary each day and a work report shall be submitted at the end of each month.
7.5 Regular patrol of Council's area. Weekly kilometre usage to be recorded.
7.6 Number of Parking infringement notices issued.
7.7 Number of General infringement notices issued.
7.8 Minimal errors in advice or output when compared to throughput.
7.9 Compliments received from clients/residents/ratepayers.

Note: The original draft was prepared for a meeting of Hurstville City Council's Safety & Anti-Litter Committee on 22nd May, 1997. This is the second draft prepared in accordance with resolution 179 of Council's meeting on 11th June, 1997. The duties are limited to a narrow range of functions specific to safety and anti-litter duties."

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.04A
DEVELOPMENT & HEALTH

HEADING: Recommendation DRAFT POSITION PROFILE - LAW ENFORCEMENT OFFICERS FOR LITTER CONTROL (File C/00148)

. Recommendation DRAFT POSITION PROFILE - LAW ENFORCEMENT OFFICERS FOR LITTER CONTROL (File C/00148)


RECOMMENDATION