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


SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH'S - SECTION ONE REPORT TO THE MEETING OF THE
DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 24TH SEPTEMBER, 1997-



05:01 Ward Councillors Reports
05:02 Development Applications - Hurstville Ward
05:03 Development Applications - Penshurst Ward
05:04 Development Applications - Peakhurst Ward
05:05 Miscellaneous And Other Matters

05:05.01 Proposed Vodafone Telecommunications Base Station Atop Water Tower - 67B Lugarno Parade, Lugarno (File T/00594)

05:05.02 13-19 Macmahon Street, Hurstville (D.A. 430/96)
Multi Storey Commercial And Residential Development - Applicant : Caporale Designs Pty. Ltd.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


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
ADDENDUM


05.02.01A 313 FOREST ROAD, HURSTVILLE ( CNR FOREST ROAD AND BRIDGE STREET) (D.A. 201/97 - "FOREST RIDGE")
NINE (9) STOREY MIXED USE DEVELOPMENT
(Report by Manager, Development Services, Ms. G. Vereker and Divisional Manager, Policy, Planning and Environment, Ms. J. McCredie and Divisional Manager, Mr. D. Beaumont)




Applicant : Stanisic Turner Architects
Proposal : NINE (9) STOREY MIXED
USE DEVELOPMENT
Zoning : Zone No. 3(b) City Centre Business
Owners : Idoll Mine Pty. Ltd.
Existing Development : Single Storey Site Shed For Used Car
Sales Yard (Motor Vehicle Retail)
Cost of Development : $9,000,000

PRECIS OF REPORT

1. The development proposes the erection of a nine storey building containing one level of retail space, one level office space, seven levels of residential apartments and three levels of basement parking.

2. The development has been designed and assessed with respect to the Draft Development Control Plan for Hurstville Town Centre.

3. The development contravenes the Draft Development Control Plan with respect to height, building envelope and floor space ratio.

4. The Manager, Development Advice raises no objections to the development and comments have been received from the Divisional Manager, Engineering and the Manager, Traffic and Transport and from the Roads and Traffic Authority.

5. The Manager, Building Services and Manager, Environmental Services raise concerns regarding issues of disabled access and waste disposal.

6. During the period of public notification a total of eleven (11) objections were received.

7. It is recommended that the Development Application be approved subject to amendments to reduce the height of the building as discussed in the body of this report and compliance with conditions of consent, including any conditions imposed by the RTA.

The Site and Surrounding Area

The site is bounded by Forest Road to the north, Bridge Street to the west, the King George Gardens residential development to the south and State Rail Authority land to the east. The subject land has an area of 1,391 square metres with frontages of 33.8 metres to Forest Road and 36.6 metres to Bridge Street. The site is presently used for motor vehicle sales, with the only building on site being a single storey office.

Adjoining development consists of a mixture of land uses, however the majority of existing development is medium and high density residential. Surrounding land uses specifically include -

* residential in the form of King George Gardens and the Meriton apartments,

* State Rail Authority land and the Illawarra Rail Line,

* retail motor vehicle sales, servicing and repairs,

* commercial office use (the Otis building),

* a heritage listed museum on the opposite corner of Forest Road and Bridge Street (The Bakery).

Proposed Development

The proposed development comprises the erection of a nine storey building in "block edge" form on the corner of Forest Road and Bridge Street, Hurstville. The proposed building contains the following components :

* A three level basement carpark incorporating parking for 109 vehicles.

* A two storey base covering the entire site and including one level of retail (and parking) and 1 level of office space.

* 7 levels of residential apartments containing a total of 47 units of which 29 are three bedroom and 18 are two bedroom.

* A landscaped courtyard situated in the southeastern portion of the site on the roof of the commercial space.

In total the development proposes a floor space of 6,930 square metres giving a floor space ratio of 4.98:1.

Statutory Requirements

The proposed development has been assessed in accordance with the Heads of Consideration in Section 90 of the Environmental Planning and Assessment Act 1979 and the following comments are made :

The subject land is zoned 3(b) City Centre Business under the provisions of Hurstville LEP 1994. As such the proposed development is permissible with Council consent. LEP 1994 does not set height, density or floor space ratio controls for the 3(b) zone, however development must comply with the objectives of the zone. These provisions are covered in the Draft Development Control Plan for Hurstville Town Centre, while compliance with the zone objectives is discussed later in this report. The following table outlines the level of compliance of the proposal with relevant provisions of the Draft Development Control Plan.

Tabled Information

Draft Development Control Plan Hurstville
Town Centre Provision
Proposed Development
Compliance
Floor Space Ratio
4.3:1
4.98:1
No
Height
7/8 Levels
9 Levels
No
Building Envelope
No
Building Form
"L" shape /
"Block Edge"
"L" shape
"Block Edge"
Yes
Parking Requirements
1/25 m2 retail; 1/50 m2 commercial; 1/100 m2 residential;
1/4 units visitor
Total = 88 spaces
109 spaces
Yes

The proposed development does not comply with the current DCP No. 4 for the Hurstville Town Centre as it exceeds the maximum floor space ratio of 2.5:1 allowable under this plan. However all weight in consideration of this matter has been given to the Draft DCP as it is a comprehensive review of future development for Hurstville, it designs an outcome and selects controls to achieve that outcome, and is expected shortly to be placed before Council for final approval.

A more detailed discussion of the compliance of the development with the Draft Development Control Plan and the design, appearance and orientation of the proposal is provided in a later section of this report.

Public Notification and Comment

The proposed development was placed on public notification for a period of twenty-one (21) days from 19 August to 9 September, 1997. A total eleven (11) objections were received. The majority of objections were submitted by residents of existing residential apartment buildings in the vicinity, in particular the Meriton Apartments and King George Gardens. A summary of the issues raised in the objections follows :

i) Overshadowing

As the proposed development is situated generally to the north of King George Gardens, many objections were raised regarding the impact of the development in terms of overshadowing and loss of sunlight particularly during winter months.

ii) Loss of Views

Residents of both the Meriton development and King George Gardens objected on the basis that the proposed development would adversely impact on the views they currently enjoy in a northerly direction across the city skyline.

iii) Non-compliance with the Draft Development Control Plan for Hurstville Town Centre

Nearly all objections received commented on the time and funds expended in the preparation of the draft Development Control Plan. On this basis it was argued that the development should be made to comply with the Development Control Plan. Otherwise the expenditure of time, effort and funds has been a wasted exercise. In addition objectors argued that the provisions of the Development Control Plan have been devised with sound reasoning and should be respected.

Discussion of the issues raised in these objections is incorporated in a later section of this report.

Divisional Referrals

Manager, Development Advice

No objections were raised to the development subject to the imposition of standard conditions of consent.

Manager, Building Services

The Manager Building Services undertook a detailed assessment of the development in relation to its compliance with the Building Code of Australia. While the development generally complies, additional detailed information will be required to be submitted with the Building Application. The Manager, Building Services and Manager, Environmental Services have raised specific concerns regarding arrangements for the storage and disposal of waste and recyclable materials on-site. Some redesign of the basement levels may be required to adequately address this issue.

The Manager, Building Services also raised concerns regarding the provision of disabled access to the Forest Road frontage of the site. Advice from the applicant indicates that access can be adequately provided in accordance with Council's Access Policy. Details of amendments to the levels proposed for the Forest Road frontage will be required to be submitted with the Building application, should the development be approved.

Manager, Traffic and Transport
1) Assessment by R.T.A.

In accordance with the requirements of the E.P.& A. Act for traffic generating developments in close proximity to State Roads, this Development Application has been referred to the R.T.A. for assessment and comment.

The R.T.A.'s comments, though not received at the time of preparation of this report are expected to be provided for Councillors' consideration prior to Council's meeting.

2) Vehicular Access

As indicated in the report accompanying the Development Application:

The location and design of the access driveway is considered to be satisfactory. Although there is very limited sight distance of pedestrians for vehicles exiting the building due to its block edge design, the internal ramp grade at this location is 1:22 giving a relatively flat pavement on which to stand a vehicle and the entry exit is controlled by a remote roller door mechanism.

Requirements:

* A detailed long section of the entry/circulation ramps should be provided.

3) Car Parking

The application exceeds Council's requirement for car parking as set out in the Draft D.C.P. (CBD Fringe) as indicated in the following table.

Use ProvidedHCC raterequiredprovided
Commercial:
(814 sqm)
1 space / 50 sq m17 spaces14 spaces
Retail:
357 sqm
(476 sqm x 0.75)
1 space / 25 sqm15 spaces16 spaces
Residential:
(5,595 sqm)
1 space / 100 sqm + 1 per 4 units56 spaces

12 spaces
77 spaces

2 spaces
Total Provision100 spaces109 spaces
As indicated in the report accompanying the application it is proposed that:

"A proportion of the required residential parking spaces are stack parking. This is considered acceptable as the parking spaces will be allocated to individual 3 bedroom units, where such parking arrangements can be easily accommodated."

4) Circulation:

Circulation within the parking levels appears adequate. Comments made in relation to access regarding the need to review long sections of all gradients apply.5) Traffic Generation:


Divisional Manager, Policy, Planning and Environment

The comments provided by the Divisional Manager, Policy, Planning and Environment are reproduced in full for Council's information :
Consideration of Issues

Before discussing the issues raised by objectors and in Divisional Referrals, the applicant's written submission, requesting Council's favourable consideration of the proposed variations to the Draft Development Control Plan is reproduced for Council's information :

"Further to the Development Application for the above site we wish to submit additional information to Hurstville City Council in support of the application.

In accordance with subsection 1.6 Variations volume 2, DCP No. 5, variations are sought to the building envelope on the basis of detailed design considerations, and as shown on the Architectural Drawings, model and described in the Statement of Environmental Effects.

The proposed variations support the aims and objectives of DCP No. 5 and arise out of special circumstances relating to very specific design considerations at an urban, site and building scale. They should not be seen as establishing a precedent applicable for other sites.

The development varies the built form controls of DCP no. 5, Block 5, Site 5A in two areas:

* The height varies from the height prescribed for residential storeys. Heights for the development are proposed as 7 storeys for Residential (of 6 and 5 storeys, DCP No. 5).

* The floor space ratios vary for commercial, residential and combined. FSRs for the development are proposed as 4.95:1 (Note - in the SEE the floor space ratio is given as 4.98:1) (cf 4.8:1, DCP No. 5) for the combined uses, comprising 4.0:1 residential use and 0.95:1 commercial use.

The variations to the related Floor Space Ratios are a direct consequence of the variations in envelope and hence are not addressed directly.

The environmental impact of additional storeys such as overshadowing, wind, noise and overshadowing have been considered in Subsection 5.2.1: Impact on the Environment.

Specifically, the variations and related considerations are as follows :

Variation 1

Increase in height of 1 and half storey over the built form envelope.

* to create a more effective gateway on either side of Forest Road at this high point of the Hurstville Town Centre, in accordance with the Guiding principles of Future Development for Block 5, Site 2A.

* the additional storey at level 9 has been set back with a continuous terrace along the Bridge Street and Forest Road elevations and will not be visible from the street adjacent to the building. It is at the same height as the top floor at the southern end of King George Gardens (also level 9) and assists in defining the street wall. It also emphasises Bridge Street as a high point of the Hurstville topography. Refer to attached street level perspective.

* the half level extension on level 8, along Bridge Street, is proposed to improve the response of the roof at the corner and improve the planning of apartments by utilising the second lift core on Bridge Street.

The increase in the Gross Floor Area generated by this variation is 0.15:1, i.e, an increase from 4.8 to 4.95 (DCP No. 5) and is considered a minor adjustment."

Discussion of Issues

It is recommended that Council should determine the subject application only after considering what appear to be the three major issues relevant to the development :

the validity or otherwise of the objections lodged;

the need for consistency in adhering to the Draft DCP;

the merit and public benefit of the proposed development.

Each of these issues are directly linked by those aspects of the development which do not comply with the Draft DCP, namely floor space ratio, height and building envelope. Each of the major issues will now be discussed in detail :

Validity of Objections

Taking into account the significant nature of the development proposed, it is considered that the total number of objections received (11) could be seen to represent a low level of community concern. Of the eleven (11) letters lodged, all raised concerns regarding the height of the building and its impact on adjoining properties by way of overshadowing, overlooking, impact on privacy, and restriction of views. The location of the subject development in relation to the properties from which the objections originated suggest that not all of the objections can be considered valid. Certain objections relating to impact on views stemmed from occupants of properties which would clearly not be adversely affected by the development. In addition the majority of objections were lodged by existing unit dwellers. It would be expected that occupants of medium and high density development would be aware that adjoining land would be likely to be developed to a similar density.

Valid objections were received however from occupants of King George Gardens, on the basis that the development is proposed to exceed the height limit in the Draft DCP. These objections should be given serious consideration for the reason that additional impact is placed upon the King George Gardens building in terms of overshadowing and potential loss of amenity due to the 1.5 additional floors proposed.

Consistency in Respect to the Draft DCP
Summary

Taking into account the objections received, the importance of ensuring consistency in adhering to the provisions of the Draft DCP and the imbalance in building form which would result from Option 4, it is recommended that Council adopt Option 3.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 313 FOREST ROAD, HURSTVILLE ( CNR FOREST ROAD AND BRIDGE STREET) (D.A. 202/97 - "FOREST RIDGE")
NINE (9) STOREY MIXED USE DEVELOPMENT
(Report by Manager, Development Services, Ms. G. Vereker and Divisional Manager, Policy, Planning and Environment, Ms. J. McCredie)


. Recommendation 313 FOREST ROAD, HURSTVILLE ( CNR FOREST ROAD AND BRIDGE STREET) (D.A. 202/97 - "FOREST RIDGE")
NINE (9) STOREY MIXED USE DEVELOPMENT
(Report by Manager, Development Services, Ms. G. Vereker and Divisional Manager, Policy, Planning and Environment, Ms. J. McCredie)



RECOMMENDATION


THAT Council as the consent authority approve Development Application D.A 202/97 for the erection of a residential development on Lot 2 DP 553138 Cnr. Forest Road and Bridge Street, Hurstville, subject to the following conditions, and incorporating any additional conditions required by the RTA :

COMPLIANCE WITH DRAFT DEVELOPMENT CONTROL PLAN FOR
HURSTVILLE TOWN CENTRE

1. The development must comply in all respects with the provisions of the Draft Development Control Plan for the Hurstville Town Centre. To achieve this compliance the development must be redesigned to provide a maximum eight (8) storeys to Forest Road and seven (7) storeys to Bridge Street.

2. The treatment of the roof line/roof structure must be reviewed to take into account the requirements of condition No. 1 above.

3. The redesign must provide an additional entrance to the development from the splayed corner into a retail shop.

4. Revised plans indicating compliance with Conditions 1, 2 and 3 above must be submitted with the Building Application for the approval of the Divisional Manager, Policy, Planning and Environment prior to the issue of the Building Permit.

5. Final details of materials, finishes and colours must be submitted with the Building Application for the approval of the Divisional Manager, Policy, Planning and Environment prior to the issue of the Building Permit.

GENERAL

6. Compliance generally with Drawing No DA1.01 - DA1.16 and documentation prepared by Stanisic Turner Pty. Ltd., dated August, 1997 and submitted with DA 202/97, except where amended by the conditions of consent.

SECTION 94 CONTRIBUTIONS

7. 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 $197,493 and payable prior to the release of the approved building plans.

8. 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 $22,282 and payable prior to the release of the approved building plans.

9. 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 traffic management facilities within the Hurstville CBD.

The contribution is based on the following criteria as a direct consequence of the proposed development.

* The increased traffic volume, raise the potentiality of conditions accelerating the deterioration of road pavement and/or traffic system operational conditions.

* Where provision of the scheduled facilities is essential to the traffic system operation due to the proposed development.

* Where the provision of a facility is a direct requirement as a result of the proposed development.

The contribution rate for Residential/Retail is $1.40/$22.80 per square metre respectively of nett increase in floor space. The amount is $135,391.80 and payable prior to the release of the approved building plans.

PARKING AND VEHICULAR ACCESS

10. The provision of 109 car spaces 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. Of the total number of spaces required two (2) must be designed and located to be accessible for disabled persons.

11. Of the total number of parking spaces the minimum allocation of spaces relative to retail, commercial, residential and visitor purposes must be as follows :
Revised plans indicating this allocation must be submitted with the Building Application for the approval of the Manager, Traffic and Transport prior to the issue of the Building Permit.

12. Of the total number of parking spaces allocated to residential purposes, a minimum of one (1) space must be provided for each residential unit.

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

14. All loading and unloading of vehicles, containers, etc. in relation to the use of the premises shall take place wholly within the subject premises and not in adjacent forecourts, yards, accessways, landscaped or parking areas or Council's footpath or in or upon any part of a road reserve.

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

16. All vehicular access to the subject site must be via Bridge Street.

17. Applicant to pay Council to :
a) Replace the redundant crossing 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.

18. 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.

19. Each proposed single garage shall have a minimum clear door jamb width of 2.7 metres. Details shall be submitted with the building application.

20. 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.

21. 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.

22. The developer must ensure that the visitor parking spaces are accessible at all times. Any security gates or doors must be located to permit sufficient manoeuvring area for visitor vehicles to enter and leave the site in a forward motion.

23. The loading and/or unloading of all goods and materials used in conjunction with the development must take place only on the site. In this respect details of the size and location of the loading dock/servicing facility must be submitted with the Building Application for the approval of the Manager, Traffic and Transport prior to the issue of the Building Permit.

24. the developer must provide long sections of all ramps within and giving access to the basement carpark indicating compliance with Council's maximum permitted gradient.

STORMWATER MANAGEMENT

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. 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 1% 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.

27. Stormwater to drain by gravity to the kerb and gutter in Bridge Street and the underground car parking levels to be pumped to the same kerb and gutter.

BUILDING REQUIREMENTS

28. 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.

29. 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 Certificate of Classification. 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.

30. 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.

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

32. 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.

33. Arrangements are to be made for the collection, storage and disposal of all waste materials in an approved container, to the satisfaction of the Divisional Manager, Development and Health. Details of the means of disposal of waste and size and location of storage area for waste and recyclable materials must be submitted to Council with the Building Application for the approval of the Manager, Environmental Services prior to the issue of the Building Permit.

34. The developer must pay the full cost of undergrounding all low voltage cables adjacent to the development and provide conduits for the future undergrounding of all high voltage cables.

35. The development shall be constructed to a standard of construction which will result in noise levels within habitable rooms from external noise sources not exceeding 50 dB(A) with the windows and doors shut. A report from a qualified and practising Acoustical Engineer and the recommended construction details to comply with the above shall be submitted with the Building Application.

36. The display or storage of goods outside the confines of the building is prohibited.

37. 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.

38. 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

39. 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.

ADVERTISING SIGNS

40. A separate development application will be required for any advertising signs and/or structures including temporary advertisements within the Hurstville Town Centre, that are proposed to be erected or placed on any property.

41. The use, display or affixing of any flashing, animated, moving or revolving illumination or lighting is expressly prohibited in, upon or attached to any part of the subject premises.

LANDSCAPING

42. The submission of a detailed landscape plan 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. 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.

43. The landscape plan must incorporate street tree planting for both the Forest Road and Bridge Street frontages of the site.

44. The landscape plan must provide for deep soil planting within the courtyard.

ENVIRONMENTAL ISSUES

45. The developer must provide details of the proposed means of clearing the windows within the development with the Building Application for the approval of the Manager, Building Services prior to the issue of the Building Permit.

46. No site clearing, site preparation or excavation, (whether for the purposes of the commencement of construction, undertaking site survey or creation of an access road) is permitted to take place prior tothe issue of the Building Permit.

47. The developer must ensure that apropriate dust suppression measures are installed/utilised during the period of excavation/placement of fill/construction. Details of the means of dust suppression must be submitted with the Building Application for the approval of the Manager, Building Services prior to the issue of the Building Permit.

48. The developer must take all measures available to control the emission of dust from the site and in this regard adequate watering equipment acceptable to Council shall be used on the site at all times other than in wet weather. The developer must ensure that the contractor is able to control emission of dust from the site on weekends when windy conditions prevail.

49. The developer must obtain written evidence from the owners of adjoining properties acknowledging that they have been notified of any proposed excavation and that they understand the nature of the works proposed to be carried out. This evidence must be submitted to Council prior to the issue of the Building Permit.

50. The developer must submit a report to Council in relation to the level of contamination existing on site from its previous use. In this regard, the report must be prepared by a suitable consultant experienced in contamination matters to the satisfaction of Council. The report must detail recommendations on any measures necessary to remove or contain any contaminated materials plus information on where the soil material will be disposed of if removed from the site.

ADVISORY NOTES REGARDING THE
SUBMISSION OF A BUILDING APPLICATION

A) Provision must be made for a fixed on-site hydrant pumpset and sprinkler valves to be located in rooms at ground level which have direct egress to the road.

B) disabled access must be provided to Retail Units 1-4 and Lobby "A" from forest Road in accordance with Clause D 3.2 of the Building Code of Australia.
(Disabled access to the above areas from Bridge Street via Lobby "B" and adjacent carparking area will not be permitted.)

C) Openings in external walls that are required to have a fire-resistance rating and are radially within 3.0 metres of the allotment boundaries must be protected in accordance with Clause C 3.2 of the Building Code of Australia. Details of such protection must be submitted with the building application.

NOTE : In the event that such protection is provided by means of sprinklered or fire windows permanently fixed in the closed position, and the rooms that are served by those openings are provided with mechanical ventilation or air conditioning systems in accordance with AS 1668.2, provision must be made for the cleaning of the fixed windows located three or more storeys above ground level in accordance with NSW Clause G 1.101 of the Building Code of Australia.

D) In order to comply with Clause 3.7.3 of AS 1668.2 and to avoid a noise nuisance being caused to the occupants of the units on the subject land as well as the occupants of buildings on surrounding properties, the exhaust air from the basement carpark levels must be discharged above the main roof via a ventilation shaft provided within the building. Details of this form of construction must be submitted with the building application.

E) Where natural ventilation in accordance with Clause F 4.6 of the Building Code of Australia cannot be provided to the wet rooms, those rooms must be provided with mechanical exhaust ventilation systems. Details of the mechanical exhaust ventilation systems must be submitted with the building application and include details of whether the mechanical ventilation ductwork will be discharged above the roof surface via common shafts or will be discharged to the sky at each floor level.
NOTE : the STC of 30 in respect of the ceilings in the wet rooms must not be reduced by the penetration of any mechanical exhaust grills.

F) Under Clause F 4.11 of the Building Code of Australia the basement carpark levels are required to be provided with a system of ventilation complying with AS 1668.2. In accordance with Clause E 2.2 of the Building Code of Australia such system will be required to be dedicated for smoke control purposes and in this regard the system will be required to operate continuously.

G) Structural details relating to the method of supporting Council's footpath and public utility services under the footpath in forest Road and Bridge Street as well as the buildings on the adjoining allotments during excavation of the basement carpark levels must be submitted with the building application.
NOTE : Building approval will not be granted until such details have been received and evidence of the required notice to adjoining owners regarding excavation and shoring support is lodged with Council.

H) Details of the method of complying with Council's Guidelines on Sediment and Silt Control together with details of the measures to prevent mud being taken onto the road from trucks leaving the site during and after excavation works must be submitted with the building application.

I) Details of site fencing (or restriction of public access to the site in accordance with Clause 37A of the Local Government Approvals) Regulation, 1993), together with the means of storing site sheds, building materials on the property, particularly at the early stages of construction, must be submitted with the building application.

J) A minimum of two carspaces must be provided for disabled persons in accordance with Clause D3.5 of the Building Code of Australia. Such spaces must be available to the general public at the times when the retail and office levels are open to the public.

K) The garbage storage room adjacent to Lobby "B" must be increased in size to cater for the storage of 3 x 1100 litre mobile bins together with an area for the recycling of materials, i.e., bales for cardboard, drums for glass etc. In addition the slope of the driveway between the garbage storage room (off the main driveway) and Bridge Street must be reduced to permit the 1100 litre mobile garbage bins to be wheeled to this street in order to allow such bins to be emptied by Council's garbage contractors from the aforesaid street.


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.01B 313 FOREST ROAD, HURSTVILLE (D.A. 202/97)



313 FOREST ROAD, HURSTVILLE (D.A. 202/97)

DCP NO. 4
PROPOSED DEVELOPMENT
COMPLIANCE
Floor Space Ratio
2:1
4.98:1
No
Parking
100% on site
100% on site
Yes
Retail - 1/25
Commercial - 1/50
Residential - 1/unit
Visitor - 1/4 units
= 91
109 spaces
Yes

over-provision

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.01B
DEVELOPMENT & HEALTH

HEADING: Recommendation 313 FOREST ROAD, HURSTVILLE (D.A. 202/97)

. Recommendation 313 FOREST ROAD, HURSTVILLE (D.A. 202/97)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.02A 458-460 FOREST ROAD (CNR. PEARL STREET), HURSTVILLE (D.A. 201/97)
8-14 STOREY MIXED USE DEVELOPMENT WITH BASEMENT CARPARKING
(Report by Manager, Development Services, Ms. G. Vereker and Divisional Manager, Policy, Planning and Environment, Ms. J. McCredie and Divisional Manager, Mr.D. Beaumont)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.02A
DEVELOPMENT & HEALTH

HEADING: Recommendation 458-460 FOREST ROAD (CNR. PEARL STREET), HURSTVILLE (D.A. 201/97)
8-14 STOREY MIXED USE DEVELOPMENT WITH BASEMENT CARPARKING
(Report by Manager, Development Services, Ms. G. Vereker and Divisional Manager, Policy, Planning and Environment, Ms. J. McCredie and Divisional Manager, Mr.D. Beaumont)


. Recommendation 458-460 FOREST ROAD (CNR. PEARL STREET), HURSTVILLE (D.A. 201/97)
8-14 STOREY MIXED USE DEVELOPMENT WITH BASEMENT CARPARKING
(Report by Manager, Development Services, Ms. G. Vereker and Divisional Manager, Policy, Planning and Environment, Ms. J. McCredie and Divisional Manager, Mr.D. Beaumont)



RECOMMENDATION


THAT Council as the consent authority defer consideration of the requested Stage 1 of the development pending receipt of the following :


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03 DEVELOPMENT APPLICATIONS - PENSHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04 DEVELOPMENT APPLICATIONS - PEAKHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05 MISCELLANEOUS AND OTHER MATTERS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


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




Council at the meeting held on 13 August, 1997, considered the legal position regarding the continuance of the approval of the above base station.

It was resolved :

"Council obtain further legal advice from both Deacons Graham & James and Abbott Tout as to whether the work undertaken by Vodafone constitutes a commencement under the new Telecommunications Act to assist in their assessment, the solicitors requested to undertake a site inspection; the solicitors be asked to advise what options under the law are available to council to prevent the installation proceeding."

Arising from this resolution the Council wrote to both solicitors and was advised that this very issue was set down for hearing at the Land and Environment Court on 1 September, 1997 in a matter of Ashfield Council vs Vodafone Pty. Ltd.

Ashfield Council was seeking an order to restrain the construction of a mobile base station on a Sydney Water property on the basis that an equipment cabin placed on the site just prior to 30 June, 1997 did not constitute "commencement" and that the approval for the mobile phone tower had thus lapsed. The matter was heard before Judge A. J. Cowdroy who found that the Council's case failed and then dismissed the Council's application and ordered the Council to pay Vodafone Pty. Ltd.'s
costs.
A hard copy of the full text of the Ashfield Council decision has been forward to each Councillor prior to this meeting.

Consequent to this decision this Council would not succeed in an action against Vodafone Pty. Ltd. to overturn the approval for the Lugarno site.

Council's solicitor, Deacons Graham and James have given written confirmation of the above details and their letter states as follows :

"We refer to your letter of 27 August last and to our Mr. Rigg's telephone advice in relation to the above matter.

We wish to confirm our verbal advice that judgement was given in the Land and Environment court on 5 September last in the matter of Ashfield Council v Vodafone Pty. Limited. this judgement confirms our earlier advice to Council that the Vodafone installation at 67B Lugarno Parade was protected by the transitional provisions of the Telecommunications Act 1997.

as you will recall, our previous advice to council was that Council's prospects of succeeding in obtaining a restraining order against Vodafone were extremely poor. The recent Ashfield council v Vodafone decision is relevant to the 67B Lugarno Parade installation. we note that the facts in both matters are almost identical, in that, according to the evidence in the Ashfield case an equipment cabinet was delivered to the site on 27 June this year and little other site work was evident. council will recall that the equipment cabinet was delivered to the Lugarno Parade property a day or so prior to the lapsing of the "exempt activity" in provisions under the Telecommunications Regulations. In the Ashfield case the Court held that the activity was in progress as at 30 June 1997 and that therefore Vodafone was entitled to the benefit of the transitional provisions of the 1997 Act and its work could continue to completion.

In view of our previous advice and now with the benefit of a confirming judgement in the Ashfield case we would recommend that Council resolve not to take any legal proceedings. If such legal proceedings were taken they would need to be commenced in the Land and Environment Court and the Ashfield Council decision would be followed, thus requiring a further appeal to the New south Wales Court of Appeal. We have considered the Ashfield judgement and consider that the reasoning is sound and consistent with our understanding of the present legal authorities in this area."


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01
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


THAT the information be noted.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05.02 13-19 MACMAHON STREET, HURSTVILLE (D.A. 430/96)
MULTI STOREY COMMERCIAL AND RESIDENTIAL DEVELOPMENT - APPLICANT : CAPORALE DESIGNS PTY. LTD.




This application has been the subject of appeals in the Land and Environment Court. The matter has now been decided and the applicant has discontinued all further proceedings.

Approval has been granted by the Court for an 8 storey building on the north side of the site and an 11 storey building on the southern side. The consent is subject to street setbacks and is a "staged approval" with a further development application to be submitted to Council for the architectural detail.

A letter has been received from Council's solicitor, Deacons Graham & James setting out the Court decisions and is quoted as follows :

"We refer to Council's appeal against the decision of Assessor Watts of the Land and Environment Court in these proceedings and provide our report on the hearing.

Background to the Appeal

On 15 July 1997 Caporale Designs Pty Ltd ("the applicant") appealed against Council's deemed refusal of a development application for a commercial/residential development (DA 430/96). The appeal was heard before Assessor Watts on 16-19 June 1997. Prior to the hearing, the applicant indicated an intention to seek staged development consent from the Court.

Assessor Watts delivered judgement in the proceedings on 20 June 1997 upholding the appeal and granting staged approval to building envelopes for a commercial/residential /retail development comprising an 8 storey building including a 3 storey podium and an 11 storey building including a 3 storey podium, subject to 23 conditions.

Relevantly, condition 1 provided that approval was granted subject to :

"1. (a) a nil setback of the podium from the street alignment in front of Building "B";

(b) the northernmost section of Building "A", nil setback, the balance set back 6m;

Grounds of Appeal

The grounds of appeal relied upon by Council were as follows :

1. The Assessor had no power to grant approval to the development application subject to :

(a) a nil setback of the podium from the street alignment in front of Building "B"; and

(b) a nil setback from MacMahon Street of the northernmost section of Building "A",

as that was not the development application before the Court. the draft conditions sought by the applicant provided for setbacks from the MacMahon Street alignment of 2 and 4 metres for Buildings "B" and "A" respectively.

2. The Assessor had no power to grant approval to the development application subject to the nil setbacks as outlined in (a) and (b) above as it was not available to him to do so on the evidence before the Court. All expert evidence in the proceedings was given on the basis of the setbacks sought by the applicant in its draft conditions of consent.

3. The assessor erred in granting approval when clause 28 and clause 31 of Hurstville Local Environmental Plan 1994 had not been satisfied.

The Hearing

The section 56A appeal was heard before Justice Talbot on 25 August 1997. Our Peter Rigg appeared on behalf of Council, assisted by Heather Irish. the applicant was represented by John Maston, barrister.

As the conclusion of the hearing, Justice Talbot reserved his judgement

Settlement of Section 56A Appeal

On 28 August 1997, John Maston and Peter Rigg sought an audience with Justice Talbot in chambers for the purpose of determining the Judge's attitude to the parties entering into consent orders whereby conditions 1(a) and 1(b) imposed by assessor Watts be deleted and the following conditions inserted :

"1. (a) a 2.0 metre setback of the front building alignment of the podium of Building "B" to the front boundary of MacMahon Street;

(b) the northernmost section of the four facades sections of the southern podium must have a setback of 6.0m from MacMahon Street. The balance of the facade shall be set back 4.0m;".

In view of the matters raised with the judge the matter was relisted before His Honour on 29 August.

On 29 August 1997, Justice Talbot made orders by consent that Council's appeal be upheld and that conditions in the above terms be substituted for those made by Assessor Watts on 20 June, 1997. The Court made no order as to costs. A copy of the Orders is enclosed.

Costs of Notice of Motion

We are pursuing Council's costs from the applicant in respect of the applicant's Notice of Motion seeking orders that Council file its section 56A appeal forthwith. This Notice of Motion was dismissed with costs in favour of Council by Justice Lloyd on 25 June, 1997."

The Court Order stated as follows :
Arising from these proceedings the final decision in this matter is now as follows :

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 13-19 MACMAHON STREET, HURSTVILLE (D.A. 430/96)
MULTI STOREY COMMERCIAL AND RESIDENTIAL DEVELOPMENT - APPLICANT : CAPORALE DESIGNS PTY. LTD.


. Recommendation 13-19 MACMAHON STREET, HURSTVILLE (D.A. 430/96)
MULTI STOREY COMMERCIAL AND RESIDENTIAL DEVELOPMENT - APPLICANT : CAPORALE DESIGNS PTY. LTD.



RECOMMENDATION


THAT the information be noted.

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 09 24TH SEPTEMBER, 1997-


06:01 Ward Councillors' Reports

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 Cooks River Catchment Management Committee - Minutes Of Meeting 18Th August, 1997 (Report By Manager - Environmental Services, Mr P Chrystal)

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


06.01 WARD COUNCILLORS' REPORTS

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 COOKS RIVER CATCHMENT MANAGEMENT COMMITTEE - MINUTES OF MEETING 18TH AUGUST, 1997 (Report by Manager - Environmental Services, Mr P Chrystal)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01
DEVELOPMENT & HEALTH

HEADING: Recommendation COOKS RIVER CATCHMENT MANAGEMENT COMMITTEE - MINUTES OF MEETING 18TH AUGUST, 1997 (Report by Manager - Environmental Services, Mr P Chrystal)

. Recommendation COOKS RIVER CATCHMENT MANAGEMENT COMMITTEE - MINUTES OF MEETING 18TH AUGUST, 1997 (Report by Manager - Environmental Services, Mr P Chrystal)


RECOMMENDATION