Read Minutes of Manly Independent Assessment Panel - 19 November 2009 text version

Decisions Manly Independent Assessment Panel

Held at Council Chambers, 1 Belgrave St reet Manly on:

Thursday 19 November 2009

MANLY INDEPENDENT ASSESSMENT PANEL

19 NOVEMBER 2009

TABLE OF CONTENTS

Item Page No.

PRESENT .............................................................................................................................. 2 DECLARATIONS OF PECUNIARY / CONFLICT OF INTEREST ......................................... 2 MIAP...................................................................................................................................... 2 MIAP Report No. 47 94 Seaforth Crescent, Seaforth - DA141/09......................................................................... 2 MIAP Report No. 48 13 Barrabooka Street, Clontarf - DA398/07 ....................................................................... 10 MIAP Report No. 49 33 Gordon Street, Clontarf - DA81/09 ................................................................................ 19 MIAP Report No. 50 15 Mulgowrie Crescent, Balgowlah - DA156/09 ................................................................. 28 MIAP Report No. 51 16 Mulgowrie Crescent, Balgowlah Heights - DA88/09 ...................................................... 36 MIAP Report No. 52 85 West Street, Balgowlah - DA271/06 Section 96 Modification ....................................... 43

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MANLY INDEPENDENT ASSESSMENT PANEL

19 NOVEMBER 2009

TO THE MAYOR AND COUNCILLORS OF THE COUNCIL:

The Manly Independent Assessment Panel convened its hearing at 10.07am on Thursday 19 November 2009, in the Town Hall, Manly.

PRESENT

The Hon Paul Stein QC AM - Chair Gabrielle Morrish, Expert Member Nick Skelton, Expert Member Paula Morel, Community Member

ALSO PRESENT

Stephen Clements, Deputy General Manager, Executive Manager Environmental Services David Stray, Manager Development Control Liz Rich, Minute Taker

DECLARATIONS OF PECUNIARY / CONFLICT OF INTEREST

Nil

MIAP

MIAP Report No. 47 94 Seaforth Crescent, Seaforth - DA141/09 (DA141/09) Application Lodged: Applicant: Owner: Estimated Cost: Zoning: Surrounding Development: Heritage: SUMMARY: 1. DEVELOPMENT CONSENT IS SOUGHT FOR ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING HOUSE, REPLACEMENT OF CARPORT, NEW SUNSHADE OVER POOL, AND A FAMILY FLAT. THE PROPOSAL WAS NOTIFIED TO ALL NEIGHBOURING PROPERTIES AND THREE (3) LETTERS OF OBJECTION TO THE DEVELOPMENT WERE RECEIVED. AMENDED SKETCHES RECEIVED ON 2 OCTOBER 2009. THE MATTER WAS CONSIDERED AT THE COUNCILS DEVELOPMENT ASSESSMENT UNIT (DAU) MEETING ON THE 20 OCTOBER 2009 WHERE IT WAS RECOMMENDED FOR APPROVAL. A SITE INSPECTION IS RECOMMENDED. THE APPLICATION IS RECOMMENDED FOR CONDITIONAL APPROVAL. 8 May 2009 Thomas Jacobsen Architects TF & H Rowley $100,000 Manly Local Environmental Plan, 1988 - Residential The locality is residential in character consisting predominantly of one and two storey dwelling houses No

2. 3. 4.

5. 6.

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MANLY INDEPENDENT ASSESSMENT PANEL M52/09 Decision of the Panel:

19 NOVEMBER 2009

THAT Development Application 141/09 for alterations and additions to an existing dwelling, replacement of carport, new sunshade over pool and a family flat at 94 Seaforth Crescent, Seaforth, be APPROVED subject to the following conditions:DA1 This approval relates to Drawings Numbers 0241, 0242, 0243, 0244, 0251, 0253 and 0261 in Job No. 0119 and Statement of Environmental Effects by Thomas Jacobsen Architects, all received by Council on the 8 May 2009. ANS01 In order to reduce the bulk and height of the addition, the plans be amended to be in accordance with the sketches by Thomas Jacobsen Architects dated 25 September 2008 and 01 January 2009 and received by Council on 2 October 2009. The height of the building is not to exceed RL51.58. The length of the proposed two storey wall to be no more than 13.0m long. Plans to be amended prior to the issue of the Construction Certificate. Reason: To address the concerns raised within the submissions and also to reduce the bulk and height of the addition. ANS02 The "family flat" being deleted from this consent by the deletion of the kitchen in the new addition. Plans to be amended prior to the issue of the Construction Certificate. Reason: The proposed family flat does not comply with the definition, as defined under Manly Development Control Plan for the Residential Zone, 2007, Amendment 1. ANS03 The width of the carport is to be 3.0m wide with the western wall being located 900mm from the west side boundary and the carport wall is to be no higher than 3.0m above existing ground level at any one point. Plans being suitably amended prior to the issue of the Construction Certificate. Reason: To reduce the impact on the adjoining property to the west and comply with AS2890.12004 or later editions. ANS04 In order to safeguard the amenity of the adjoining property at No.92 Seaforth Crescent, the band of "Fire Engine Red" on the perimeter of the new wall on the western elevation is to be deleted. The symonite cladding and the wall on the western elevation must be in a neutral light colour. Plans to be amended prior to the issue of the Construction Certificate. Reason: To reduce the impact of the development on the amenity of the adjoining property. ANS05 Retain and protect during construction the trees that currently exist on the rear southern, eastern and western boundaries. Reason: To maintain the natural environment of the locality. ANS06 Retain and protect during construction the existing trees located on the front north eastern boundary. Reason: To maintain the natural environment of the locality. ANS07 A Tree Permit will be required for the removal of the Eucalyptus sp. on the western boundary. Reason: To comply with Councils Tree Preservation Order. ANS08 Asset Protection Zone The intent of measures is to minimize the risk of bush fire attack and provide protection for

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emergency services personnel, residents and other assisting fire fighting activities. At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ,,Planning for Bushfire Protection 2006 and the NSW Rural Fire Services document ,,Standards for asset protection zones. Reason: To comply with the requirements of NSW Rural fire Service. ANS09 Design and Construction The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. All Class 10 structures as defined per the ,,Building Code of Australia 2006 attached to or within 10 metres of the habitable building shall comply with Australian Standard AS39591999 ,,Construction of buildings in bush fire-prone areas Level 3. Structure and shade material in the inner protection area shall be non-combustible or have a Flammability Index of no greater than 5 when tested in accordance with Australian Standard AS1530.2-1993 ,,Methods for Fire Tests on building Materials, components and Structures ­ Test for Flammability of Materials. The existing dwelling is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen. Where applicable, this included any sub floor areas, openable windows, doors, vents, weep-holes and eaves. New construction on the northern elevation of the existing dwelling shall comply with Australian Standard AS3959-1999 ,,Construction of buildings in bush fire-prone areas Level 3. New construction on the southern elevation of the existing dwelling shall comply with Australian Standard As3959-1999 ,,Construction of buildings in bush fire-prone areas Level 1. Reason: To comply with the provisions of Section 79BA of the Environmental Planning & Assessment Act 1979 & Planning for Bushfire Protection 2006. ANS10 Landscaping to the site is to comply with the principles of Appendix 5 of ,,Planning for Bushfire Protection 2006. Reason: To comply with the requirements of the NSW Rural Fire Service. ANS11 The setback to the western wall from the western side boundary shall be 1.5m. Reason: To protect the amenity of the adjoining property. ANS12 The floor to ceiling height of the proposed first floor be reduced to 2.4m, to reduce the overall height to RL 53.2. Reason: to reduce the impacts on the amenity of the adjoining property DA016 Pursuant to Section 97 of the Local Government Act, 1993, Council requires, prior to issue of the Construction Certificate, or commencement of any excavation and demolition works, payment of a Trust Fund Deposit of $2,500. The deposit is required as security of compliance with Conditions of Consent, and as security against damage to Council property during works on the site. Note: Should Council property adjoining the site be defective eg, cracked footpath, broken kerb etc., this shall be reported in writing to Council, at least 7 days prior to the commencement of any work on site.

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Note: Where Council is not the principal certifying authority, refund of the trust fund deposit will also be dependent upon receipt of a final occupation certificate by the Principal Certifying Authority and infrastructure inspection by Council. DA017 No obstruction shall be caused to pedestrian use of Councils footpath or vehicular use of any public roadway during construction. DA343 Any adjustment to the public utility service is to be carried out in compliance with their standards and the full cost is to be borne by the applicant. DA018 Details of the builder's name and licence number contracted to undertake the works shall be provided to Council/Accredited Certifier prior to issue of the Construction Certificate. DA019 Insurance must be undertaken with the contracted builder in accordance with the Home Building Act, 1997. Evidence of Insurance together with the contracted builders name and licence number must be submitted to Council /Accredited Certifier prior to issue of the Construction Certificate. DA021 Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 person or part of 20 persons employed at the site, by effecting either a permanent or temporary connection to the Sydney Water's sewerage system or by approved closets. DA022 Retaining walls being constructed in conjunction with excavations with such work being in accordance with structural engineer's details. Certification of compliance with the structural detail during construction shall be submitted to the Principal Certifying Authority. DA023 No person shall use or occupy the building or alteration which is the subject of this approval without the prior issue of an Occupation Certificate. DA024 A sign must be erected on the subject site in a prominent position stating that unauthorised entry is prohibited and giving details of the name of the builder or the person responsible for the site and 24 hour contact details. The sign is to have dimensions of approximately 500mm x 400mm. Note: The sign is not required if the building on the site is to remain occupied during the course of the building works. DA026 All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans with certification being submitted to the Principal Certifying Authority during construction from a registered surveyor certifying ground and finished ridge levels. DA031 Consent given to build in close proximity to the allotment boundary is in no way to be construed as permission to build on or encroach over the allotment boundary. Your attention is directed to the provisions of the Dividing Fences Act which gives certain rights to adjoining owners, including use of the common boundary. In the absence of the structure standing well clear of the common boundary, it is recommended that you make yourself aware of your legal position which may involve a survey to identify the allotment boundary.

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DA38 A Certificate of Adequacy signed by a practising Structural Engineer is to be submitted to the Council/Accredited Certifier in respect of the load carrying capabilities of the existing structure to support the proposed additions prior to the issue of the Construction Certificate. DA039 Four (4) certified copies of the Structural Engineer's details in respect of all reinforced concrete, structural steel support construction and any proposed retaining walls shall be submitted to the Council/Accredited Certifier prior to the issue of the Construction Certificate. DA040 Where any excavation extends below the level of the base of the footing of a building on an adjoining allotment of land, the person causing the excavation shall support the neighbouring building in accordance with the requirements of the Building Code of Australia. DA044 The floor surfaces of bathrooms, shower rooms, laundries and WC compartments are to be of an approved impervious material properly graded and drained and waterproofed in accordance with AS3740. Certification is to be provided to the Principal Certifying Authority from a licenced applicator prior to the fixing of any wall or floor tiles. DA47 A suitable sub-surface drainage system being provided adjacent to all excavated areas and such drains being connected to an approved disposal system. DA048 The implementation of adequate care during demolition/ excavation/ building/ construction to ensure that no damage is caused to any adjoining properties. DA54 Prior to excavation applicants should contact the various utility providers to determine the position of any underground services. DA058 An adequate security fence is to be erected around the perimeter of the site prior to commencement of any excavation or construction works, and this fence is to be maintained in a state of good repair and condition until completion of the building project. DA74 Loading and unloading of vehicles and delivery of goods to the land shall at all times be carried out within the site. The area set aside for carparking as shown on the approved plan shall be used for the parking of vehicles and for no other purpose. Any loading or unloading of materials of potential environmental damage must be appropriately bunded with adequate spill response equipment in place to ensure nil runoff from the site. DA87 A detailed stormwater management plan shall be prepared to fully comply with Council's "Specification for on-site Stormwater Management 2003" and shall be submitted with the Construction Certificate application. The stormwater management plan shall be prepared by an experienced Chartered Civil Engineer. Council/Accredited Certifier shall ensure that the design complies with the above said specification prior to the issue of a Construction Certificate. DA357 Four (4) copies of Architectural Drawings consistent with the development consent and associated specifications are to be submitted to Council/Accredited Certifier prior to the issue of the Construction Certificate.

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MANLY INDEPENDENT ASSESSMENT PANEL DA109 All demolition is to be carried out in accordance with AS2601-2001.

19 NOVEMBER 2009

DA111 Asbestos cement sheeting must be removed in accordance with the requirements of the WorkCover Authority. DA121 All building work must be carried out in accordance with the provisions of the Building Code of Australia. DA126 An automatic fire detection and alarm system shall be installed in the proposed dwelling in accordance with the requirements of Part 3.7.2 of the Building Code of Australia 1996 - Housing Provisions. DA230 No building materials, waste containers or skips may be stored on the road reserve or footpath without prior separate approval from Council, including payment of relevant fees. DA233 The collection of garbage from the premises is not to occur between the hours of 10.00pm and 5.00am Monday to Sunday, without the prior approval of Council, to minimise disruption to neighbouring properties. DA234 A Waste Management Plan is to be submitted with the application for a Construction Certificate in accordance with Council's Development Control Plan for Waste Minimisation and Management. DA236 Landscaping is to be carried out in accordance with the approved Landscape Plan submitted in conjunction with the Development Application. Evidence of an agreement for the maintenance of all plants for a period of 12 months from the date of practical completion of the building is to be provided to the Principal Certifying Authority prior to issue of the Final Occupation Certificate. DA238 All disturbed surfaces on the land resulting from the building works authorised by this approval shall be revegetated and stabilised so as to prevent any erosion either on or adjacent to the land. DA239 The felling, lopping, topping, ringbarking, wilful destruction or removal of any tree or trees unless in conformity with this approval or subsequent approval is prohibited. DA240 No tree other than on land identified for the construction of buildings and works as shown on the building plan shall be felled, lopped, topped, ringbarked or otherwise wilfully destroyed or removed without the approval of Council. DA348 Precautions shall be taken when working near trees to be retained including the following: do not store harmful or bulk materials or spoil under or near trees prevent damage to bark and root system do not use mechanical methods to excavate within root zones do not add or remove topsoil from under the drip line do not compact ground under the drip line. DA259 All engineering works are to be completed prior to the issue of the Subdivision Certificate.

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DA260 Detailed engineering drawings of all work shall be submitted for approval by the Council/Accredited Certifier prior to the release of the Subdivision Certificate/Construction Certificate. DA261 A sediment/erosion control plan for the site shall be submitted for approval to the Council/Accredited Certifier prior to the issue of the Construction Certificate. Implementation of the scheme shall be completed prior to commencement of any works on the site and maintained until completion of the development. DA264 All materials on site or being delivered to the site shall generally be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 shall be complied with when placing/stockpiling loose material, disposing of concrete waste, or other activities likely to pollute drains or water courses. DA269 A Construction Certificate Application is required to be submitted to and issued by the Council/Accredited Certifier prior to any building works being carried out on site. DA270 Should you appoint Council as the Principal Certifying Authority (PCA) to undertake inspections during the course of construction then the following inspection/certification are required: Silt control fences Footing inspection - trench and steel Reinforced concrete slab Framework inspection X 2 Wet area moisture barrier Drainage, pits & tanks inspection Landscaping inspection Final inspection The cost of these inspections by Council is $2,340 (being $260 per inspection inclusive of GST). Payment of the above amount is required prior to the first inspection. Inspection appointments can be made by contacting the Environmental Services Division on 9976 1414. At least 24 hours notice should be given for a request for an inspection and submission of the relevant inspection card. Any additional inspection required as a result of incomplete works will incur a fee of $110. DA271 An Occupation Certificate is to be issued by the Principal Certifying Authority prior to occupation of the development. DA279 All excavated material should be removed from the site in an approved manner and be disposed of lawfully to a tip or other authorised disposal area. DA281 All demolition and excess construction materials are to be recycled wherever practicable. DA332 The capacity and effectiveness of erosion and sediment control devices must be maintained to Council satisfaction at all times.

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DA333 A copy of the Soil and Water Management Plan must be kept on-site at all times and made available to Council officers on request. DA334 Stockpiles are not permitted to be stored on Council property (including nature strip) unless prior approval has been granted. DA335 Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage line or easement, natural watercourse, kerb or road surface. DA336 Drains, gutters, roadways and access ways shall be maintained free of sediment and to the satisfaction of Council. Where required, gutters and roadways shall be swept regularly to maintain them free from sediment. DA337 Building operations such as brickcutting, washing tools or paint brushes, and mixing mortar not be performed on the roadway or public footway or any other locations which could lead to the discharge of materials into the stormwater drainage system. DA338 All disturbed areas shall be stabilised against erosion to Council satisfaction within 14 days of completion, and prior to removal of sediment controls. DA339 Stormwater from roof areas shall be linked via a temporary downpipe to a Council approved stormwater disposal system immediately after completion of the roof area. Inspection of the building frame will not be made until this is completed to Council satisfaction. DA340 The applicant and/or builder must prior to the commencement of work, install at the periphery of the site, measures to control sedimentation and the possible erosion of the land. The measures must include:(i) siltation fencing; (ii) protection of the public stormwater system; and (iii) site entry construction to prevent vehicles that enter and leave the site from tracking loose material onto the adjoining public place. DA289 Building or construction work must be confined to the hours between 7.00am to 6.00pm, Monday to Friday and 7.00am to 1.00pm, Saturday, with a total exclusion of such work on Public Holidays and Sundays. Non-offensive works where power operated plant is not used and including setting out, surveying, plumbing, electrical installation, tiling, internal timber or fibrous plaster fixing, glazing, cleaning down brickwork, painting, building or site cleaning by hand shovel and site landscaping, is permitted between the hours of 1.00pm to 4.00pm Saturdays. Note: That the Protection of the Environment Operations Act 1997 may preclude the operation of some equipment on site during these permitted working hours. DA290 The operations of mechanical services are not to give rise to an offensive noise within the meaning of the Protection of the Environment Operations Act 1997. DA319 Details of the method of termite protection which will provide whole of building protection, inclusive of structural and nonstructural elements, shall be submitted to the Council/Accredited Certifier prior

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to issue of the Construction Certificate. Attention is drawn to the provisions of Australian Standard 3660.1 "Protection of Buildings from Subterranean Termites New Buildings" and to Council's Code for the "Protection of Buildings Against Termite Attack". DA320 Prior to issue of the Occupation Certificate, a durable termite protection notice shall be permanently fixed to the building in a prominent location detailing the form of termite protection which has been used in accordance with Council's Code for the "Protection of Buildings Against Termite Attack". DA323 This approval shall expire if the development hereby permitted is not commenced within 2 years of the date hereof or any extension of such period which Council may allow in writing on an application made before such an expiry. We need on the consent a date of determination and a date from which the consent operates as per Clause 100 of the EP&A Regulation 2000 For the Decision: Against the Decision: Stein, Morel, Morrish and Skelton Nil. *******

MIAP Report No. 48 13 Barrabooka Street, Clontarf - DA398/07 (DA398/07) Application Lodged: Applicant: Owner: Estimated Cost: Zoning: Surrounding Development: Heritage: 9 October 2007 Maija Lapins-Silvirs As Above $300,000 Manly Local Environmental Plan, 1988 - Residential Surrounding developments generally comprise multi-storey single dwellings occupying sloping sites The site is in the immediate vicinity of the Sydney Harbour National Park

SUMMARY: 1. DEVELOPMENT CONSENT IS SOUGHT TO UNDERTAKE ALTERATIONS AND ADDITIONS TO THE REAR OF THE EXISTING DWELLING AT NO. 13 BARRABOOKA STREET CLONTARF INCLUDING THE INSTALLATION OF AN ABOVE GROUND SWIMMING POOL. THE APPLICATION WAS NOTIFIED TO ALL ADJOINING AND NEARBY PROPERTY OWNERS, TWO (2) SUBMISSIONS WERE RECEIVED. THE SUBMISSIONS WERE RECEIVED FROM THE OWNERS/OCCUPIERS OF NOS. 15-17 AND NO. 11 BARRABOOKA STREET CLONTARF (ADJOINING PROPERTY OWNERS TO THE NORTH AND SOUTH RESPECTIVELY). THE APPLICATION WAS NOT REFERRED TO THE BALGOWLAH HEIGHTS PRECINCT COMMUNITY FORUM FOR COMMENT AS THE WORKS ARE CONFINED TO THE REAR OF THE DWELLING. THE PROPOSAL WAS REFERRED TO COUNCILS DEVELOPMENT ASSESSMENT UNIT MEETING OF THE 20 OCTOBER 2009 AND THE DAU RECOMMENDED A DEFERRED COMMENCEMENT APPROVAL. A SITE INSPECTION IS RECOMMENDED. THE APPLICATION IS RECOMMENDED FOR DEFERRED COMMENCEMENT APPROVAL.

2.

3.

4.

5. 6.

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MANLY INDEPENDENT ASSESSMENT PANEL PUBLIC ADDRESSES The following people addressed the meeting in relation to this item: Against the recommendation: Bill Tulloch Peter Robilliard Maija Lapins-Silvirs

19 NOVEMBER 2009

In support of the recommendation: M53/09 Decision of the Panel:

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, Development Application No. 398/07 for "Alterations and Additions to the rear of the existing dwelling and the installation of a new above ground swimming pool." at 13 Barrabooka Street Clontarf, be APPROVED but shall not operate until the applicant has submitted amended plans showing:A. The ,,pool concourse uncovered with the solid side elevation walls (along both the northern and southern elevations) be deleted. Reason: To reduce the visual bulk and scale of the building and achieve closer compliance with the objectives of Councils Development Control Plan for the Residential Zone. The footprint of the ground floor plan (including the west facing balcony) reduced from the west by 1.5 metres. The floor area removed / lost to accommodate the reduced depth is to be deducted from the proposed ,,sitting room and the proposed ,,study. Reason: To reduce the visual bulk and scale of the building and achieve closer compliance with the objectives of Councils Development Control Plan for the Residential Zone. The width of the proposed west facing balcony off the first floor level reduced by 1.5 metres. Reason: To reduce the visual bulk and scale of the building and achieve closer compliance with the objectives of Councils Development Control Plan for the Residential Zone. Provision of 1.6m high translucent privacy screens to the north and south ends of the balconies at ground floor and first floor levels. Reason: To reduce privacy impacts on adjoining properties. The external south side door to the rumpus room be deleted and replaced with a window with a sill height of approximately 1.0m. Reason: To reduce privacy impacts on the adjoining property to the south. The extension between the southern external wall of the dwelling and the south side boundary deleted and stairs provided at existing ground level. Reason: To reduce impacts on the amenity of adjoining property to the south.

B.

C.

D.

E.

F.

This consent is a "deferred commencement". Evidence of Items A to F are to be submitted within a period of three months (3) pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979. The consent will then operate for a period of two (2) years. Development Application conditions of consent upon compliance with the above matters: DA1 This approval relates to drawings/plans Nos.DA1/11 to 9/11 dated September 2007, landscape plans Job No. 2103 dated March 2008, Bushfire Risk Assessment by Fire Base Consulting dated 19 March 2008, Stormwater Design & Sedimentation / Erosion Plan 08008 Issue A dated March 2008 all received by Council on the 31 March 2008 and as modified by Deferred Commencement

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MANLY INDEPENDENT ASSESSMENT PANEL conditions.

19 NOVEMBER 2009

ANS01 The proposed balustrades are required by the Building Code of Australia Housing Provisions to not facilitate climbing where a balcony is more than 4 metres above ground level by the restriction of horizontal elements. Details are to be provided to the selected Certifying Authority with the application for the Construction Certificate. Reason: To comply with relevant safety requirements. ANS02 Landscape plan is to be amended to show 100% native species including planting to screen the above ground pool wall to a maximum height of 2m. Reason: To reduce amenity impacts on adjoining and nearby land. ANS03 The pool filter is to be located centrally on the site and in an acoustically treated enclosure such that it is not audible for the adjoining residents. Details are to be contained on the plans accompanying the Construction Certificate. Reason: The purpose of the condition is to ensure that the acoustic amenity of the adjoining property owners is retained ANS04 The air-conditioning unit is to be relocated to a suitable location within or beneath the new terrace at RL48.55 and north of the brick wall enclosing the south end of the terrace. Reason: To reduce noise impacts on adjoining property to the south. ANS05 The following trees are to be retained and protected during construction: The Eucalyptus tree located on the rear northern boundary; The group of existing Angophora costata trees below the existing pool and toward the rear boundary (except for the tree directly against the existing swimming pool.) ANS06 The building and construction specifications in the Bush Fire Risk Assessment by Fire Base Consulting, dated 19 March 2008, be complied with. Reason: To protect the property and adjacent properties from bush fire risk, so as to contain Bush Fire protection measures within the subject property. DA016 Pursuant to Section 97 of the Local Government Act, 1993, Council requires, prior to issue of the Construction Certificate, or commencement of any excavation and demolition works, payment of a Trust Fund Deposit of $5,000. The deposit is required as security of compliance with Conditions of Consent, and as security against damage to Council property during works on the site. Note: Should Council property adjoining the site be defective eg, cracked footpath, broken kerb etc., this shall be reported in writing to Council, at least 7 days prior to the commencement of any work on site. Note: Where Council is not the principal certifying authority, refund of the trust fund deposit will also be dependent upon receipt of a final occupation certificate by the Principal Certifying Authority and infrastructure inspection by Council. DA017 No obstruction shall be caused to pedestrian use of Councils footpath or vehicular use of any public roadway during construction. DA342

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Separate application shall be made to Council's Infrastructure Division for approval to complete, to Council's standards and specifications, works on Council property. This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be made a minimum of twenty-eight (28) days prior to commencement of proposed works on Council's property. Applicant to notify Council at least 48 hrs before commencement of works to allow Council to supervise/inspect works. DA343 Any adjustment to the public utility service is to be carried out in compliance with their standards and the full cost is to be borne by the applicant. DA018 Details of the builder's name and licence number contracted to undertake the works shall be provided to Council/Accredited Certifier prior to issue of the Construction Certificate. DA019 Insurance must be undertaken with the contracted builder in accordance with the Home Building Act, 1997. Evidence of Insurance together with the contracted builders name and licence number must be submitted to Council /Accredited Certifier prior to issue of the Construction Certificate. DA021 Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 person or part of 20 persons employed at the site, by effecting either a permanent or temporary connection to the Sydney Water's sewerage system or by approved closets. DA022 Retaining walls being constructed in conjunction with excavations with such work being in accordance with structural engineer's details. Certification of compliance with the structural detail during construction shall be submitted to the Principal Certifying Authority. DA023 No person shall use or occupy the building or alteration which is the subject of this approval without the prior issue of an Occupation Certificate. DA024 A sign must be erected on the subject site in a prominent position stating that unauthorised entry is prohibited and giving details of the name of the builder or the person responsible for the site and 24 hour contact details. The sign is to have dimensions of approximately 500mm x 400mm. Note: The sign is not required if the building on the site is to remain occupied during the course of the building works. DA026 All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans with certification being submitted to the Principal Certifying Authority during construction from a registered surveyor certifying ground and finished ridge levels. DA031 Consent given to build in close proximity to the allotment boundary is in no way to be construed as permission to build on or encroach over the allotment boundary. Your attention is directed to the provisions of the Dividing Fences Act which gives certain rights to adjoining owners, including use of the common boundary. In the absence of the structure standing well clear of the common boundary, it is recommended that you make yourself aware of your legal position which may involve a survey to identify the allotment boundary. DA039 Four (4) certified copies of the Structural Engineer's details in respect of all reinforced concrete,

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structural steel support construction and any proposed retaining walls shall be submitted to the Council/Accredited Certifier prior to the issue of the Construction Certificate. DA040 Where any excavation extends below the level of the base of the footing of a building on an adjoining allotment of land, the person causing the excavation shall support the neighbouring building in accordance with the requirements of the Building Code of Australia. DA044 The floor surfaces of bathrooms, shower rooms, laundries and WC compartments are to be of an approved impervious material properly graded and drained and waterproofed in accordance with AS3740. Certification is to be provided to the Principal Certifying Authority from a licenced applicator prior to the fixing of any wall or floor tiles. DA047 A suitable sub-surface drainage system being provided adjacent to all excavated areas and such drains being connected to an approved disposal system. DA048 The implementation of adequate care during demolition/ excavation/ building/ construction to ensure that no damage is caused to any adjoining properties. DA058 An adequate security fence, is to be erected around the perimeter of the site prior to commencement of any excavation or construction works, and this fence is to be maintained in a state of good repair and condition until completion of the building project. DA357 Four (4) copies of Architectural Drawings consistent with the development consent and associated specifications are to be submitted to Council/Accredited Certifier prior to the issue of the Construction Certificate. DA109 All demolition is to be carried out in accordance with AS2601-2001. DA111 Asbestos cement sheeting must be removed in accordance with the requirements of the WorkCover Authority. DA085 Roofwater and surface stormwaters from paved areas from the development shall be collected and piped to the harbour foreshore according to Council's Specifications for Stormwater Drainage and On Site Stormwater Management 2003 and shall be submitted with the Construction Certificate application. The principal Council/Accredited Certifier shall ensure that the design complies with the above said specification prior to the issue of a Construction Certificate. DA088 A system of Onsite Stormwater Detention (OSD) or Onsite Stormwater Retention (OSR) shall be provided within the property in accordance with Council's "Specification for On-site Stormwater Management 2003". The design and details shall be submitted with the Construction Certificate Application and be approved by the Council/Accredited Certifier prior to the issue of the Construction Certificate. The specification can be downloaded from Council's web site www.manly.nsw.gov.au free of charge or a hardcopy can be purchased from Council. DA095 A copy of the approved Onsite Stormwater Detention (OSD) or Onsite Stormwater Retention (OSR) plan showing Work as Executed (WAE) details shall be submitted to Council prior to the

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issue of the Occupation Certificate. The work as executed plan shall be in accordance with Council's standards and specifications for Stormwater Drainage and On-site Stormwater Management 2003. DA097 Any work shall not prohibit or divert any natural overland flow of water. DA100 A positive covenant in respect of the installation and maintenance of onsite detention works is required to be imposed over the area of the site affected by onsite detention and/or pump system prior to the issue of the Occupation Certificate for the building and prior to the release of the trust fund deposit. DA121 All building work must be carried out in accordance with the provisions of the Building Code of Australia. DA126 An automatic fire detection and alarm system shall be installed in the proposed dwelling in accordance with the requirements of Part 3.7.2 of the Building Code of Australia 1996 - Housing Provisions. DA230 No building materials, waste containers or skips may be stored on the road reserve or footpath without prior separate approval from Council, including payment of relevant fees. DA236 Landscaping is to be carried out in accordance with the approved Landscape Plan submitted in conjunction with the Development Application. Evidence of an agreement for the maintenance of all plants for a period of 12 months from the date of practical completion of the building is to be provided to the Principal Certifying Authority prior to issue of the Final Occupation Certificate. DA237 All healthy trees and shrubs identified for retention on the plan must be: (i) Suitably marked before any development starts and be suitably protected from damage during the construction process; and (ii) Retained unless their location or condition is likely to cause damage and their removal has been approved by Council. DA238 All disturbed surfaces on the land resulting from the building works authorised by this approval shall be revegetated and stabilised so as to prevent any erosion either on or adjacent to the land. DA239 The felling, lopping, topping, ringbarking, wilful destruction or removal of any tree or trees unless in conformity with this approval or subsequent approval is prohibited. DA240 No tree other than on land identified for the construction of buildings and works as shown on the building plan shall be felled, lopped, topped, ringbarked or otherwise wilfully destroyed or removed without the approval of Council. DA243 The trees to be retained are to be protected from trenching or excavation works or other construction works during the building construction stage. A security bond for $3000 is required to ensure that the Angophora costata tree in the rear yard is protected during the construction stage. The security bond may be in the form of a bank guarantee which must be lodged with Council prior

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DA348 Precautions shall be taken when working near trees to be retained including the following: do not store harmful or bulk materials or spoil under or near trees prevent damage to bark and root system do not use mechanical methods to excavate within root zones do not add or remove topsoil from under the drip line do not compact ground under the drip line. DA261 A sediment/erosion control plan for the site shall be submitted for approval to the Council/Accredited Certifier prior to the issue of the Construction Certificate. Implementation of the scheme shall be completed prior to commencement of any works on the site and maintained until completion of the development. DA269 A Construction Certificate Application is required to be submitted to and issued by the Council/Accredited Certifier prior to any building works being carried out on site. DA270 Should you appoint Council as the Principal Certifying Authority (PCA) to undertake inspections during the course of construction then the following inspection/certification are required: Silt control fences Footing / pier holes inspection - trench and steel Reinforced concrete slab X 3 Framework inspection Drainage inspection Swimming pool reinforcing steel inspection Swimming pool safety fence inspection prior to filling Final inspection The cost of these inspections by Council is $2,600 (being $260 per inspection inclusive of GST). Payment of the above amount is required prior to the first inspection. Inspection appointments can be made by contacting the Environmental Services Division on 9976 1414. At least 24 hours notice should be given for a request for an inspection and submission of the relevant inspection card. Any additional inspection required as a result of incomplete works will incur a fee of $110. DA271 An Occupation Certificate is to be issued by the Principal Certifying Authority prior to occupation of the development. DA332 The capacity and effectiveness of erosion and sediment control devices must be maintained to Council satisfaction at all times. DA333 A copy of the Soil and Water Management Plan must be kept on-site at all times and made available to Council officers on request. DA334 Stockpiles are not permitted to be stored on Council property (including nature strip) unless prior approval has been granted.

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DA335 Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage line or easement, natural watercourse, kerb or road surface. DA336 Drains, gutters, roadways and access ways shall be maintained free of sediment and to the satisfaction of Council. Where required, gutters and roadways shall be swept regularly to maintain them free from sediment. DA337 Building operations such as brickcutting, washing tools or paint brushes, and mixing mortar not be performed on the roadway or public footway or any other locations which could lead to the discharge of materials into the stormwater drainage system. DA338 All disturbed areas shall be stabilised against erosion to Council satisfaction within 14 days of completion, and prior to removal of sediment controls. DA339 Stormwater from roof areas shall be linked via a temporary downpipe to a Council approved stormwater disposal system immediately after completion of the roof area. Inspection of the building frame will not be made until this is completed to Council satisfaction. DA340 The applicant and/or builder must prior to the commencement of work, install at the periphery of the site, measures to control sedimentation and the possible erosion of the land. The measures must include:(i) siltation fencing; (ii) protection of the public stormwater system; and (iii) site entry construction to prevent vehicles that enter and leave the site from tracking loose material onto the adjoining public place. DA289 Building or construction work must be confined to the hours between 7.00am to 6.00pm, Monday to Friday and 7.00am to 1.00pm, Saturday, with a total exclusion of such work on Public Holidays and Sundays. Non-offensive works where power operated plant is not used and including setting out, surveying, plumbing, electrical installation, tiling, internal timber or fibrous plaster fixing, glazing, cleaning down brickwork, painting, building or site cleaning by hand shovel and site landscaping, is permitted between the hours of 1.00pm to 4.00pm Saturdays. Note: That the Protection of the Environment Operations Act 1997 may preclude the operation of some equipment on site during these permitted working hours. DA300 All waste waters and overflow waters from any swimming pool shall be disposed of to the sewer in accordance with the requirements of Sydney Water. DA301 The filter pump and motor shall be suitably housed and located as to reduce the possibility of noise nuisance to adjoining or nearby residents. DA302 An approved Resuscitation Notice is to be erected in a prominent position in the immediate vicinity of the swimming pool and kept current at all times. DA303 The swimming pool is to be surrounded by a child-resistant barrier in accordance with the

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swimming Pools Act and Regulations 1992 which: (a) separates the swimming pool from any residential building situated on the property and from any place adjoining the property; and (b) is designed, constructed, installed and maintained in accordance with the standards prescribed by the Regulations and appropriate Australian Standard. DA306 All surface waters from areas surrounding the swimming pool shall be collected and disposed of to the stormwater system. DA307 An approved safety railing shall be provided around the outer elevated extremities of the swimming pool walkways, details of which shall be submitted to the Council/Accredited Certifier prior to issue of the Construction Certificate. DA313 A railing or other safety measures or devices are to be erected around the sides of the pool surround structure where height above natural ground level exceeds 900mm. All details of the necessary device are to be submitted to and approved by the Council/Accredited Certifier prior to issue of the Construction Certificate. Note: If it is proposed that the railing or other safety measures will form part of the childproof fence or enclosure, the railing or other safety measures shall comply with Council's requirements for childproof fencing or enclosure which must have a minimum height of 1200mm. DA314 All protective fencing and gates are to be in accordance with Australian Standard 1926 prior to the pool being filled with water. The fence is to be a minimum of 1200mm in height and posts and/or supports are to be firmly fixed or encased in such a way that the posts/support are unable to be removed easily. The fence is not to be removed or altered at any time without the express approval of Council having been obtained beforehand. DA315 The proposed pool gates are to be mounted so that:- (i) They are clear of any obstruction that could hold the gate open; (ii) When lifted upward or pulled downward, movement of the gate does not release the latching device, unhinge the gate or provide a ground clearance greater than 100mm; and (iii) They open outwards from the pool. DA316 Where the latching device release, or the latch itself, on a pool gate is located at a height less than 1500mm above the finished ground level, the latch and its release shall be shielded in accordance with Australian Standard 1926. DA318 There is to be no noise emitted from any process carried on within the premises that will register more than 5 decibels above the background noise at any point more than 3m outside the premises. DA319 Details of the method of termite protection which will provide whole of building protection, inclusive of structural and nonstructural elements, shall be submitted to the Council/Accredited Certifier prior to issue of the Construction Certificate. Attention is drawn to the provisions of Australian Standard 3660.1 "Protection of Buildings from Subterranean Termites New Buildings" and to Council's Code for the "Protection of Buildings Against Termite Attack". DA320 Prior to issue of the Occupation Certificate, a durable termite protection notice shall be permanently fixed to the building in a prominent location detailing the form of termite protection which has been used in accordance with Council's Code for the "Protection of Buildings Against Termite Attack".

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DA274 Payment of contributions in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, may be required for this development. If required the amount will be in accordance with Councils Section 94 Policy applicable at the time of payment prior to the issue of the Construction Certificate. DA323 This approval shall expire if the development hereby permitted is not commenced within 2 years of the date hereof or any extension of such period which Council may allow in writing on an application made before such an expiry. For the Decision: Against the Decision: Stein, Morel, Morrish and Skelton Nil. *******

MIAP Report No. 49 33 Gordon Street, Clontarf - DA81/09 (DA81/09) Application Lodged: Applicant: Owner: Estimated Cost: Zoning: Surrounding Development: Heritage: SUMMARY: 1. DEVELOPMENT CONSENT IS SOUGHT FOR THE DEMOLITION OF THE EXISTING BUILDING AND CONSTRUCTION OF A TWO (2) STOREY DWELLING HOUSE WITH DOUBLE GARAGE, DECK, FRONT FENCE AND LANDSCAPING. THE APPLICATION WAS NOTIFIED TO ALL ADJOINING AND NEARBY PROPERTY OWNERS AND THREE (3) SUBMISSIONS RECEIVED. THE APPLICATION WAS REFERRED TO THE CLONTARF PRECINCT COMMUNITY FORUM FOR COMMENTS. THE PROPOSAL WAS REFERRED TO COUNCILS DEVELOPMENT ASSESSMENT UNIT MEETING ON THE 27 OCTOBER 2009 AND THE DAU RECOMMENDED A DEFERRED COMMENCEMENT APPROVAL. A SITE INSPECTION IS RECOMMENDED. THE APPLICATION IS RECOMMENDED FOR DEFERRED COMMENCEMENT APPROVAL. 19 March 2009. Amended plans 19 August 2009 Ms Alena Malakhova As Above $838,000 Manly Local Environmental Plan, 1988 - Residential Single and double storey dwellings Not applicable

2. 3. 4.

5. 6.

PUBLIC ADDRESSES The following person addressed the meeting in relation to this item: In support of the recommendation: Robert Ignjatic, on behalf of the Applicant

M54/09

Decision of the Panel:

THAT pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, Development Application No. No. 81/09 for "Demolition of existing building and construction of a two (2) storey dwelling house with double garage, deck, front fence and landscaping.." at 33

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Gordon Street, Clontarf, be APPROVED but shall not operate until the applicant has complied with the following:A1. The northern wall of the garage to be setback to align with the wall of the living room, approximately 1.1m from the boundary. Submitted revised plans showing a 500mm wide planting strip between the north side boundary and the proposed driveway.

A2.

This consent is a "deferred commencement". Evidence of Items A1 & A2 are to be submitted within a period of three (3) months pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979. The consent will then operate for a period of two (2) years. Development Application conditions of consent upon compliance with the above matters: DA1 This approval relates to Working Drawing (Dwg. No. 07145-1), Working Drawing (Dwg. No. 071452), Shadow Diagrams Siteworks Plan (Dwg. No. 07145-3), Shadow Diagrams (Dwg. No. 07145-5) prepared by All Walls Pty. Ltd. dated 14 July 2009 and received by Council on the 19 August 2009; Site Analysis (Dwg No. 07145-4) prepared by All Walls Pty. Ltd. dated 3 January 2008 and received by Council on 19 March 2009; Stormwater Management Plan (Dwg. No. DO1) prepared by Northern Beaches Consulting Engineers Pty. Ltd., dated January 2008 and received by Council on 19 August 2009 and Stormwater Details (Dwg. No. DO2) prepared by Northern Beaches Consulting Engineers Pty. Ltd., dated February 2008 and received by Council on 19 March 2009; Proposed Landscape Plan (Dwg. No. 1/3) prepared by A Total Concept Landscape Architects, dated February 2008 and received by Council on 19 March 2009), and as modified by deferred commencement conditions. Statement of Environmental Effects, prepared by All Walls Pty. Ltd., dated 31 January 2008 and received by Council on the 19 March 2009. Stability Report, prepared by Jack Hodgson Consultants Pty Limited and received by Council on 19 August 2009. BASIX Certificate No. 180188S, issued on Tuesday 11 March 2008 and received by Council on the 19 March 2009. ANS01 The transparency of the proposed front fence is to be at least 30% as required by Councils Development Control Plan for the Residential Zone 2007, Amendment 1. Plans are to be notated accordingly prior to the issue of Construction Certificate. Reason: To ensure the fence does not significantly alter the streetscape and to encourage the maintenance of sight lines which will facilitate casual street surveillance. ANS02 The garage is to maintain a clear 5.5m internal width. Plans are to be notated accordingly prior to the issue of Construction Certificate. Reason: To ensure there is adequate room for the garage to house two (2) vehicles. ANS03 The west facing side of the terrace is not to be enclosed, except for balustrades, without the prior consent of Council. Reason: To ensure the size and bulk of the building is not increased without the prior approval of Council, as it may have a detrimental effect on the amenity of adjoining properties. ANS04 All bathroom windows are to be provided with translucent glass.

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ANS05 The proposed development is to comply with all the requirements and commitments of BASIX Certificate No. 180188S, issued on Tuesday 11 March 2008 and received by Council on the 19 March 2009. Reason: To ensure the proposed development meets the requirements set out in the BASIX Certificate. ANS06 All plans are to be drawn to scale. The measurements indicated on the plans are not to be altered. Amended plans are to be submitted prior to the issue of a construction certificate. Reason: To ensure the plans accurately represent the scale and bulk of the proposed building.

ANS07 The proposed western elevation is to be located in accordance with Site Plan (Dwg. No. 07145-2). Amended plans are to be submitted prior to the issue of a construction certificate. Reason: To ensure the proposed development is approximately in line with the adjoining dwelling at No. 31 Gordon Street. This will provide a reduction in shadowing and overlooking into the private open spaces of adjoining dwellings. ANS08 The fireplace / appliance and chimney are to comply with Part 3.7.3 of the Building Code of Australia Housing Provisions and the chimney is to be designed by a Structural Engineer to resist earthquake loads. Details are to be provided to the selected Certifying Authority with the application for the Construction Certificate. Reason: To comply with the provisions of the Building Code of Australia. ANS09 Any excavation or fill for this development must be carried out in accordance with the requirements and recommendations set out in the submitted geotechnical report prepared by Jack Hodgson Consultants Pty. Ltd., dated 20 July 2009 and received by Council on 19 August 2009. Reason: To maintain the stability of the land. ANS10 Air Quality: The construction and ongoing use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to air pollution. All works shall ensure air quality controls are in place and all activity is in accordance with the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Clean Air) Regulation 2002. Reason: To ensure compliance with legislation and to protect public health and amenity. ANS11 Air Quality ­ Wood Fire Smoke: The construction and ongoing use of the domestic solid fuel heaters shall be constructed and operated in a manner so as not to cause air pollution, air quality nuisance and/or a health hazard to neighbouring properties. All wood fires shall be installed and operated in accordance with the: Protection of the Environment Operations Act 1997 Part 2 of the Protection of the Environment Operations (Clean Air) Regulation 2002.

Australian and New Zealand Standard flue gas emission AS/NZS 4013:1999 Domestic solid fuel burning appliances ­ Method for determination of flue gas emission Australian and New Zealand Standard for Installation AS/NZS 2918:2001 Domestic solid fuel burning appliances ­ Installation Wood-Smoke Handbook: Woodheaters, Firewood and Operator Practice published by Environment Australia and NSW Environment Protection Authority 2003

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Reason: To ensure compliance with legislation and to protect public health and amenity ANS12 Doors are to be provided between the foyer and stair void and the ground floor kitchen/dining space. Reason: to allow the downstairs living areas to be heated in winter without loss of heat to the upper floors. DA009 The construction of a vehicular footpath crossing is required. The design and construction including allowable width shall be in accordance with the current Policy of Council and Specification for the Construction of Vehicle Crossings. All works shall be carried our prior to the issue of Occupation Certificate. DA010 Separate application to Council for the construction of a Vehicular Crossing for the design, specification and inspection by Council. The design and construction including allowable width shall be in accordance with the current Policy of Council and Specification for the Construction of Vehicle Crossings. Applications shall be made a minimum of twenty-eight (28) days prior to commencement of proposed works on Council's property. DA011 All surplus vehicular crossings and/or kerb laybacks shall be removed and the kerb and nature strip reinstated prior to issue of the Occupation Certificate. DA012 The driveway/access ramp grades, access and car parking facilities shall comply with the Australian Standard for Off-Street Parking AS2890.1-2004 or later editions. DA013 A long section of the driveway shall be submitted with the Construction Certificate Application. The long section is to be drawn at a scale of 1:20 and shall include measured lengths and Relative Levels (RL) of the road centreline, kerb, road reserve, pavement within property and garage floor. The RLs shall include the existing levels and the designed levels. DA016 Pursuant to Section 97 of the Local Government Act, 1993, Council requires, prior to issue of the Construction Certificate, or commencement of any excavation and demolition works, payment of a Trust Fund Deposit of $10,000. The deposit is required as security of compliance with Conditions of Consent, and as security against damage to Council property during works on the site. Note: Should Council property adjoining the site be defective eg, cracked footpath, broken kerb etc., this shall be reported in writing to Council, at least 7 days prior to the commencement of any work on site. Note: Where Council is not the principal certifying authority, refund of the trust fund deposit will also be dependent upon receipt of a final occupation certificate by the Principal Certifying Authority and infrastructure inspection by Council. DA017 No obstruction shall be caused to pedestrian use of Councils footpath or vehicular use of any public roadway during construction. DA343 Any adjustment to the public utility service is to be carried out in compliance with their standards and the full cost is to be borne by the applicant.

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DA018 Details of the builder's name and licence number contracted to undertake the works shall be provided to Council/Accredited Certifier prior to issue of the Construction Certificate. DA019 Insurance must be undertaken with the contracted builder in accordance with the Home Building Act, 1997. Evidence of Insurance together with the contracted builders name and licence number must be submitted to Council /Accredited Certifier prior to issue of the Construction Certificate. DA021 Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 person or part of 20 persons employed at the site, by effecting either a permanent or temporary connection to the Sydney Water's sewerage system or by approved closets. DA022 Retaining walls being constructed in conjunction with excavations with such work being in accordance with structural engineer's details. Certification of compliance with the structural detail during construction shall be submitted to the Principal Certifying Authority. DA023 No person shall use or occupy the building or alteration which is the subject of this approval without the prior issue of an Occupation Certificate. DA024 A sign must be erected on the subject site in a prominent position stating that unauthorised entry is prohibited and giving details of the name of the builder or the person responsible for the site and 24 hour contact details. The sign is to have dimensions of approximately 500mm x 400mm. Note: The sign is not required if the building on the site is to remain occupied during the course of the building works. DA026 All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans with certification being submitted to the Principal Certifying Authority during construction from a registered surveyor certifying ground and finished ridge levels. DA031 Consent given to build in close proximity to the allotment boundary is in no way to be construed as permission to build on or encroach over the allotment boundary. Your attention is directed to the provisions of the Dividing Fences Act which gives certain rights to adjoining owners, including use of the common boundary. In the absence of the structure standing well clear of the common boundary, it is recommended that you make yourself aware of your legal position which may involve a survey to identify the allotment boundary. DA039 Four (4) certified copies of the Structural Engineer's details in respect of all reinforced concrete, structural steel support construction and any proposed retaining walls shall be submitted to the Council/Accredited Certifier prior to the issue of the Construction Certificate. DA040 Where any excavation extends below the level of the base of the footing of a building on an adjoining allotment of land, the person causing the excavation shall support the neighbouring building in accordance with the requirements of the Building Code of Australia. DA044 The floor surfaces of bathrooms, shower rooms, laundries and WC compartments are to be of an approved impervious material properly graded and drained and waterproofed in accordance with

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AS3740. Certification is to be provided to the Principal Certifying Authority from a licenced applicator prior to the fixing of any wall or floor tiles. DA47 A suitable sub-surface drainage system being provided adjacent to all excavated areas and such drains being connected to an approved disposal system. DA048 The implementation of adequate care during demolition/ excavation/ building/ construction to ensure that no damage is caused to any adjoining properties. DA54 Prior to excavation applicants should contact the various utility providers to determine the position of any underground services. DA058 An adequate security fence is to be erected around the perimeter of the site prior to commencement of any excavation or construction works, and this fence is to be maintained in a state of good repair and condition until completion of the building project. DA059 Building work shall not progress beyond first floor level until such time as Registered Surveyors details of levels are submitted to the Principal Certifying Authority. These levels shall confirm that the works are in accordance with the levels shown and approved in the development approval. DA060 On completion of the building structure a report from a Registered Surveyor is to be submitted to the Principal Certifying Authority confirming that the building has been completed in accordance with the levels as shown on the approved plan. DA74 Loading and unloading of vehicles and delivery of goods to the land shall at all times be carried out within the site. The area set aside for carparking as shown on the approved plan shall be used for the parking of vehicles and for no other purpose. Any loading or unloading of materials of potential environmental damage must be appropriately bunded with adequate spill response equipment in place to ensure nil runoff from the site. DA81 Any discharge to the atmosphere from the subject development shall comply with the requirements of the Protection of the Environment Operations Act 1997. DA87 A detailed stormwater management plan shall be prepared to fully comply with Council's "Specification for on-site Stormwater Management 2003" and shall be submitted with the Construction Certificate application. The stormwater management plan shall be prepared by an experienced Chartered Civil Engineer. Council/Accredited Certifier shall ensure that the design complies with the above said specification prior to the issue of a Construction Certificate. DA088 A system of Onsite Stormwater Detention (OSD) or Onsite Stormwater Retention (OSR) shall be provided within the property in accordance with Council's "Specification for On-site Stormwater Management 2003". The design and details shall be submitted with the Construction Certificate Application and be approved by the Council/Accredited Certifier prior to the issue of the Construction Certificate. The specification can be downloaded from Council's web site www.manly.nsw.gov.au free of charge or a hardcopy can be purchased from Council. DA357

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Four (4) copies of Architectural Drawings consistent with the development consent and associated specifications are to be submitted to Council/Accredited Certifier prior to the issue of the Construction Certificate. DA109 All demolition is to be carried out in accordance with AS2601-2001. DA111 Asbestos cement sheeting must be removed in accordance with the requirements of the WorkCover Authority. DA121 All building work must be carried out in accordance with the provisions of the Building Code of Australia. DA126 An automatic fire detection and alarm system shall be installed in the proposed dwelling in accordance with the requirements of Part 3.7.2 of the Building Code of Australia 1996 - Housing Provisions. DA230 No building materials, waste containers or skips may be stored on the road reserve or footpath without prior separate approval from Council, including payment of relevant fees. DA236 Landscaping is to be carried out in accordance with the approved Landscape Plan submitted in conjunction with the Development Application. Evidence of an agreement for the maintenance of all plants for a period of 12 months from the date of practical completion of the building is to be provided to the Principal Certifying Authority prior to issue of the Final Occupation Certificate. DA239 The felling, lopping, topping, ringbarking, wilful destruction or removal of any tree or trees unless in conformity with this approval or subsequent approval is prohibited. DA240 No tree other than on land identified for the construction of buildings and works as shown on the building plan shall be felled, lopped, topped, ringbarked or otherwise wilfully destroyed or removed without the approval of Council. DA348 Precautions shall be taken when working near trees to be retained including the following: do not store harmful or bulk materials or spoil under or near trees prevent damage to bark and root system do not use mechanical methods to excavate within root zones do not add or remove topsoil from under the drip line do not compact ground under the drip line. DA358 Details are to be provided of at least two (2) existing or proposed endemic trees for the site that are typically expected to reach a height at maturity of 10 metres. A list of appropriate endemic trees for the Manly area may be obtained at Councils Customer Service desk. Details of new planting are to include appropriate siting and pot size (minimum of 25 litres) in accordance with section 3.2 of the Residential Development Control Plan 2001. Details are to be submitted with the Construction Certificate to the satisfaction of the Council/Accredited Certifier. DA260

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Detailed engineering drawings of all work shall be submitted for approval by the Council/Accredited Certifier prior to the release of the Subdivision Certificate/Construction Certificate. DA261 A sediment/erosion control plan for the site shall be submitted for approval to the Council/Accredited Certifier prior to the issue of the Construction Certificate. Implementation of the scheme shall be completed prior to commencement of any works on the site and maintained until completion of the development. DA269 A Construction Certificate Application is required to be submitted to and issued by the Council/Accredited Certifier prior to any building works being carried out on site. DA270 Should you appoint Council as the Principal Certifying Authority (PCA) to undertake inspections during the course of construction then the following inspection/certification are required: Silt control fences Footing inspection - trench and steel Reinforced concrete slab X 3 Wet area moisture barrier Drainage, pits & tanks inspection Landscaping inspection Swimming pool safety fence inspection prior to filling Final inspection The cost of these inspections by Council is $2,600 (being $260 per inspection inclusive of GST). Payment of the above amount is required prior to the first inspection. Inspection appointments can be made by contacting the Environmental Services Division on 9976 1414. At least 24 hours notice should be given for a request for an inspection and submission of the relevant inspection card. Any additional inspection required as a result of incomplete works will incur a fee of $110. DA271 An Occupation Certificate is to be issued by the Principal Certifying Authority prior to occupation of the development. DA283 De-watering from the excavation or construction site must comply with the Protection of the Environment Operations Act 1997 and the following: a) Ground water or other water to be pumped from the site into councils stormwater system must by sampled and analysed by a NATA certified laboratory or Manly council for compliance with ANZECC Water Quality Guidelines If tested by NATA certified laboratory, the certificate of analysis issed by the laboratory must be forwarded to Manly Council as the appropriate regulatory authority under the Protection of the Environment Operations Act 1997, prior to the commencement of de-watering activities. Council will grant approval to commence site de-watering to the stormwater based on the water quality results received. It is the responsibility of the applicant to ensure that during de-watering activities, the capacity of the stormwater system is not exceeded, that there are no issues associated with erosion or scouring due to the volume of water pumped. Turbidity readings must not at any time exceed the ANZECC recommended 50ppm (parts

b)

c)

d)

e)

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Also the developer must contact the Department of Infrastructure, Planning and Natural Resources and comply with any of their requirements.

DA332 The capacity and effectiveness of erosion and sediment control devices must be maintained to Council satisfaction at all times. DA333 A copy of the Soil and Water Management Plan must be kept on-site at all times and made available to Council officers on request. DA334 Stockpiles are not permitted to be stored on Council property (including nature strip) unless prior approval has been granted. DA335 Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage line or easement, natural watercourse, kerb or road surface. DA336 Drains, gutters, roadways and access ways shall be maintained free of sediment and to the satisfaction of Council. Where required, gutters and roadways shall be swept regularly to maintain them free from sediment. DA337 Building operations such as brickcutting, washing tools or paint brushes, and mixing mortar not be performed on the roadway or public footway or any other locations which could lead to the discharge of materials into the stormwater drainage system. DA338 All disturbed areas shall be stabilised against erosion to Council satisfaction within 14 days of completion, and prior to removal of sediment controls. DA339 Stormwater from roof areas shall be linked via a temporary downpipe to a Council approved stormwater disposal system immediately after completion of the roof area. Inspection of the building frame will not be made until this is completed to Council satisfaction. DA340 The applicant and/or builder must prior to the commencement of work, install at the periphery of the site, measures to control sedimentation and the possible erosion of the land. The measures must include:(i) siltation fencing; (ii) protection of the public stormwater system; and (iii) site entry construction to prevent vehicles that enter and leave the site from tracking loose material onto the adjoining public place. DA289 Building or construction work must be confined to the hours between 7.00am to 6.00pm, Monday to Friday and 7.00am to 1.00pm, Saturday, with a total exclusion of such work on Public Holidays and Sundays. Non-offensive works where power operated plant is not used and including setting out, surveying, plumbing, electrical installation, tiling, internal timber or fibrous plaster fixing, glazing, cleaning down brickwork, painting, building or site cleaning by hand shovel and site landscaping, is permitted between the hours of 1.00pm to 4.00pm Saturdays. Note: That the Protection of the Environment Operations Act 1997 may preclude the operation of some equipment

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DA290 The operations of mechanical services are not to give rise to an offensive noise within the meaning of the Protection of the Environment Operations Act 1997. DA302 An approved Resuscitation Notice is to be erected in a prominent position in the immediate vicinity of the swimming pool and kept current at all times. DA303 The swimming pool is to be surrounded by a child-resistant barrier in accordance with the swimming Pools Act and Regulations 1992 which: (a) (b) separates the swimming pool from any residential building situated on the property and from any place adjoining the property; and is designed, constructed, installed and maintained in accordance with the standards prescribed by the Regulations and appropriate Australian Standard.

DA319 Details of the method of termite protection which will provide whole of building protection, inclusive of structural and non-structural elements, shall be submitted to the Council/Accredited Certifier prior to issue of the Construction Certificate. Attention is drawn to the provisions of Australian Standard 3660.1 "Protection of Buildings from Subterranean Termites - New Buildings" and to Council's Code for the "Protection of Buildings Against Termite Attack". DA320 Prior to issue of the Occupation Certificate, a durable termite protection notice shall be permanently fixed to the building in a prominent location detailing the form of termite protection which has been used in accordance with Council's Code for the "Protection of Buildings Against Termite Attack". DA274 Payment of contributions in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, may be required for this development. If required the amount will be in accordance with Councils Section 94 Policy applicable at the time of payment prior to the issue of the Construction Certificate. DA323 This approval shall expire if the development hereby permitted is not commenced within 2 years of the date hereof or any extension of such period which Council may allow in writing on an application made before such an expiry. For the Decision: Against the Decision: Stein, Morel, Morrish and Skelton Nil. *******

MIAP Report No. 50 15 Mulgowrie Crescent, Balgowlah - DA156/09 (DA156/09) Application Lodged: Applicant: Owner: Estimated Cost: Zoning: 26 May 2009 Colco Consulting Pty Ltd Brian & Corina Ward $250,000 Manly Local Environmental Plan, 1988 - Residential

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MANLY INDEPENDENT ASSESSMENT PANEL Surrounding Development: Heritage: SUMMARY: 1. 2. 3. 4. Residential dwellings Not applicable

19 NOVEMBER 2009

5. 6.

DEVELOPMENT CONSENT IS SOUGHT FOR ALTERATIONS AND ADDITIONS TO AN EXISTING RESIDENTIAL DWELLING INCLUDING AN UPPER STOREY ADDITION. THE APPLICATION WAS NOTIFIED TO ALL ADJOINING AND NEARBY PROPERTY OWNERS AND FOUR (4) SUBMISSIONS RECEIVED. THE APPLICATION WAS REFERRED TO THE BALGOWLAH HEIGHTS PRECINCT COMMUNITY FORUM FOR COMMENTS. THE PROPOSAL WAS REFERRED TO COUNCILS DEVELOPMENT ASSESSMENT UNIT MEETING ON THE 3 NOVEMBER 2009 AND THE DAU RECOMMENDED APPROVAL. A SITE INSPECTION IS RECOMMENDED. THE APPLICATION IS RECOMMENDED FOR CONDITIONAL APPROVAL.

PUBLIC ADDRESSES The following people addressed the meeting in relation to this item: Against the recommendation: Danny Yang Kenneth Campbell Wayne Collins, Colco Consulting, on behalf of the Applicant

In support of the recommendation:

M55/09

Decision of the Panel:

THAT Development Application No. 156/09 for partial demolition, alterations and additions to the existing dwelling including a new upper storey at 15 Mulgowrie Crescent, Balgowlah Heights be APPROVED subject to the recommended conditions:DA01 This approval relates to drawings/plans Nos. A001-A004, A010-A012, A020, C001 dated 22 May 2009 and received by Council on the 26 May 2009. Statement of Environmental Effects by Colco Consulting Pty Ltd dated 22 May 2009; Additional Information letter dated 20 October 2009. ANS01 The eastern side of the proposed first floor is to be reduced in size as follows: All works are to be set back to a distance of 4m from the eastern side boundary for a distance of 8m from the southern edge of the rear terrace. In addition, works are to be set back by 3m from the eastern side boundary for a further distance of 3.1m beyond the 8m required above. No works at first floor level including roof structures are to breach these additional side setbacks. Plans are to be suitably amended prior to the issue of the Construction Certificate. Reason: View sharing across subject property for neighbouring properties and compliance with Manly Development Control Plan for the Residential Zone 2007. This ,,stepping of the side setback for the building works will effectively create a view corridor along the eastern side of the building. ANS02 Translucent privacy screening to a height of 1.65m is to be provided along the western side of the first floor rear balcony from the finished floor level of R.L.77.69. This screening is to be fixed to the balcony and permanent in style and of a standard that will provide effective screening and may

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form part of the balustrade. Plans are to be amended accordingly prior to the issue of the Construction Certificate. Reason: Privacy for neighbours and residents.

ANS04 Windows located to the first floor level of the western façade (side) of the proposed addition are to include translucent glazing to a height of 1.5m from finished floor level of R.L.77.69 or include a sill height of 1.65m. Plans are to be amended accordingly prior to the issue of the Construction Certificate. Reason: Privacy for neighbours and residents ANS05 Three (3) endemic trees are to be planted on the property of an appropriate size and scale and type. These are to be maintained on a permanent basis and in good health and vigour. Should any of these trees die or become diseased, they must be replaced with healthy specimens. The trees must not be planted in locations that would cause excessive overshadowing or view loss for neighbouring properties due to their size and type. Reason: To maintain the amenity of the area and the quality of the environment and to maintain views. ANS06 Rainwater Tanks The design, construction and ongoing use of rainwater tanks installed on residential properties must comply with: Sydney water guidelines for Rainwater Tanks on Residential Properties, 2003. Australian Government EnHealth Council publication "Guidance on the use of Rainwater Tanks, 2004. The installation of the rainwater tank shall be undertaken by a licensed plumber and installed in accordance with AS/ANZ 3500:2006 National Plumbing and Drainage Code. To ensure no adverse amenity impacts arise from the rainwater tank, the tank shall be located at ground level, be of a non-reflective colour which is in keeping with surrounding development and have overflow waters piped to Councils street gutter or other approved stormwater disposal. Household waste waters must not be directed to the rainwater tank. Reason: To ensure public health and amenity. ANS07 Noise The construction and ongoing use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to "offensive noise" as defined under the provision of the provisions of the Protection of the Environment Operations act 1997. Reason: To ensure compliance with legislation and to protect public health and amenity. DA016 Pursuant to Section 97 of the Local Government Act, 1993, Council requires, prior to issue of the Construction Certificate, or commencement of any excavation and demolition works, payment of a Trust Fund Deposit of $5,000. The deposit is required as security of compliance with Conditions of Consent, and as security against damage to Council property during works on the site. Note: Should Council property adjoining the site be defective eg, cracked footpath, broken kerb etc., this shall be reported in writing to Council, at least 7 days prior to the commencement of any work on site. Note: Where Council is not the principal certifying authority, refund of the trust fund deposit will also be dependent upon receipt of a final occupation certificate by the Principal Certifying Authority and infrastructure inspection by Council.

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DA017 No obstruction shall be caused to pedestrian use of Councils footpath or vehicular use of any public roadway during construction. DA342 Separate application shall be made to Council's Infrastructure Division for approval to complete, to Council's standards and specifications, works on Council property. This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be made a minimum of twenty-eight (28) days prior to commencement of proposed works on Council's property. Applicant to notify Council at least 48 hrs before commencement of works to allow Council to supervise/inspect works. DA343 Any adjustment to the public utility service is to be carried out in compliance with their standards and the full cost is to be borne by the applicant. DA018 Details of the builder's name and licence number contracted to undertake the works shall be provided to Council/Accredited Certifier prior to issue of the Construction Certificate. DA019 Insurance must be undertaken with the contracted builder in accordance with the Home Building Act, 1997. Evidence of Insurance together with the contracted builders name and licence number must be submitted to Council /Accredited Certifier prior to issue of the Construction Certificate. DA021 Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 person or part of 20 persons employed at the site, by effecting either a permanent or temporary connection to the Sydney Water's sewerage system or by approved closets. DA023 No person shall use or occupy the building or alteration which is the subject of this approval without the prior issue of an Occupation Certificate. DA024 A sign must be erected on the subject site in a prominent position stating that unauthorised entry is prohibited and giving details of the name of the builder or the person responsible for the site and 24 hour contact details. The sign is to have dimensions of approximately 500mm x 400mm. Note: The sign is not required if the building on the site is to remain occupied during the course of the building works. DA026 All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans with certification being submitted to the Principal Certifying Authority during construction from a registered surveyor certifying ground and finished ridge levels. DA031 Consent given to build in close proximity to the allotment boundary is in no way to be construed as permission to build on or encroach over the allotment boundary. Your attention is directed to the provisions of the Dividing Fences Act which gives certain rights to adjoining owners, including use of the common boundary. In the absence of the structure standing well clear of the common boundary, it is recommended that you make yourself aware of your legal position which may involve a survey to identify the allotment boundary. DA038

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A Certificate of Adequacy signed by a practising Structural Engineer is to be submitted to the Council/Accredited Certifier in respect of the load carrying capabilities of the existing structure to support the proposed additions prior to the issue of the Construction Certificate. DA039 Four (4) certified copies of the Structural Engineer's details in respect of all reinforced concrete, structural steel support construction and any proposed retaining walls shall be submitted to the Council/Accredited Certifier prior to the issue of the Construction Certificate. DA040 Where any excavation extends below the level of the base of the footing of a building on an adjoining allotment of land, the person causing the excavation shall support the neighbouring building in accordance with the requirements of the Building Code of Australia. DA044 The floor surfaces of bathrooms, shower rooms, laundries and WC compartments are to be of an approved impervious material properly graded and drained and waterproofed in accordance with AS3740. Certification is to be provided to the Principal Certifying Authority from a licenced applicator prior to the fixing of any wall or floor tiles. DA047 A suitable sub-surface drainage system being provided adjacent to all excavated areas and such drains being connected to an approved disposal system. DA048 The implementation of adequate care during demolition/ excavation/ building/ construction to ensure that no damage is caused to any adjoining properties. DA054 Prior to excavation applicants should contact the various utility providers to determine the position of any underground services. DA058 An adequate security fence is to be erected around the perimeter of the site prior to commencement of any excavation or construction works, and this fence is to be maintained in a state of good repair and condition until completion of the building project.

DA087

A detailed stormwater management plan shall be prepared to fully comply with Council's "Specification for on-site Stormwater Management 2003" and shall be submitted with the Construction Certificate application. The stormwater management plan shall be prepared by an experienced Chartered Civil Engineer. Council/Accredited Certifier shall ensure that the design complies with the above said specification prior to the issue of a Construction Certificate. DA357 Four (4) copies of Architectural Drawings consistent with the development consent and associated specifications are to be submitted to Council/Accredited Certifier prior to the issue of the Construction Certificate. DA109 All demolition is to be carried out in accordance with AS2601-2001. DA111 Asbestos cement sheeting must be removed in accordance with the requirements of the WorkCover Authority. DA121

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All building work must be carried out in accordance with the provisions of the Building Code of Australia. DA126 An automatic fire detection and alarm system shall be installed in the proposed dwelling in accordance with the requirements of Part 3.7.2 of the Building Code of Australia 1996 - Housing Provisions. DA230 No building materials, waste containers or skips may be stored on the road reserve or footpath without prior separate approval from Council, including payment of relevant fees. DA234 A Waste Management Plan is to be submitted with the application for a Construction Certificate in accordance with Council's Development Control Plan for Waste Minimisation and Management. DA239 The felling, lopping, topping, ringbarking, wilful destruction or removal of any tree or trees unless in conformity with this approval or subsequent approval is prohibited. DA240 No tree other than on land identified for the construction of buildings and works as shown on the building plan shall be felled, lopped, topped, ringbarked or otherwise wilfully destroyed or removed without the approval of Council. DA348 Precautions shall be taken when working near trees to be retained including the following: do not store harmful or bulk materials or spoil under or near trees prevent damage to bark and root system do not use mechanical methods to excavate within root zones do not add or remove topsoil from under the drip line do not compact ground under the drip line. DA260 Detailed engineering drawings of all work shall be submitted for approval by the Council/Accredited Certifier prior to the release of the Subdivision Certificate/Construction Certificate. DA261 A sediment/erosion control plan for the site shall be submitted for approval to the Council/Accredited Certifier prior to the issue of the Construction Certificate. Implementation of the scheme shall be completed prior to commencement of any works on the site and maintained until completion of the development. DA264 All materials on site or being delivered to the site shall generally be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 shall be complied with when placing/stockpiling loose material, disposing of concrete waste, or other activities likely to pollute drains or water courses. DA269 A Construction Certificate Application is required to be submitted to and issued by the Council/Accredited Certifier prior to any building works being carried out on site. DA270 Should you appoint Council as the Principal Certifying Authority (PCA) to undertake inspections during the course of construction then the following inspection/certification are required:

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MANLY INDEPENDENT ASSESSMENT PANEL Silt control fences Framework inspection X 2 Wet area moisture barrier Drainage inspection Final inspection

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The cost of these inspections by Council is $1,560 (being $260 per inspection inclusive of GST). Payment of the above amount is required prior to the first inspection. Inspection appointments can be made by contacting the Environmental Services Division on 9976 1414. At least 24 hours notice should be given for a request for an inspection and submission of the relevant inspection card. Any additional inspection required as a result of incomplete works will incur a fee of $110. DA271 An Occupation Certificate is to be issued by the Principal Certifying Authority prior to occupation of the development. DA279 All excavated material should be removed from the site in an approved manner and be disposed of lawfully to a tip or other authorised disposal area. DA281 All demolition and excess construction materials are to be recycled wherever practicable. DA285 Roof and framing including provision for tie downs, bracing and fixings are to be designed by a practising Structural Engineer. The Engineer is to specify appropriate wind category relating to the site terrain, house design and height of the structure, with details being submitted to the Principal Certifying Authority prior to the commencement of framework. DA332 The capacity and effectiveness of erosion and sediment control devices must be maintained to Council satisfaction at all times. DA333 A copy of the Soil and Water Management Plan must be kept on-site at all times and made available to Council officers on request. DA334 Stockpiles are not permitted to be stored on Council property (including nature strip) unless prior approval has been granted. DA335 Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage line or easement, natural watercourse, kerb or road surface. DA336 Drains, gutters, roadways and access ways shall be maintained free of sediment and to the satisfaction of Council. Where required, gutters and roadways shall be swept regularly to maintain them free from sediment. DA337 Building operations such as brickcutting, washing tools or paint brushes, and mixing mortar not be performed on the roadway or public footway or any other locations which could lead to the discharge of materials into the stormwater drainage system.

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DA338 All disturbed areas shall be stabilised against erosion to Council satisfaction within 14 days of completion, and prior to removal of sediment controls. DA339 Stormwater from roof areas shall be linked via a temporary downpipe to a Council approved stormwater disposal system immediately after completion of the roof area. Inspection of the building frame will not be made until this is completed to Council satisfaction. DA340 The applicant and/or builder must prior to the commencement of work, install at the periphery of the site, measures to control sedimentation and the possible erosion of the land. The measures must include:(i) siltation fencing; (ii) protection of the public stormwater system; and (iii) site entry construction to prevent vehicles that enter and leave the site from tracking loose material onto the adjoining public place. DA289 Building or construction work must be confined to the hours between 7.00am to 6.00pm, Monday to Friday and 7.00am to 1.00pm, Saturday, with a total exclusion of such work on Public Holidays and Sundays. Non-offensive works where power operated plant is not used and including setting out, surveying, plumbing, electrical installation, tiling, internal timber or fibrous plaster fixing, glazing, cleaning down brickwork, painting, building or site cleaning by hand shovel and site landscaping, is permitted between the hours of 1.00pm to 4.00pm Saturdays. Note: That the Protection of the Environment Operations Act 1997 may preclude the operation of some equipment on site during these permitted working hours. DA290 The operations of mechanical services are not to give rise to an offensive noise within the meaning of the Protection of the Environment Operations Act 1997. DA302 An approved Resuscitation Notice is to be erected in a prominent position in the immediate vicinity of the swimming pool and kept current at all times. DA303 The swimming pool is to be surrounded by a child-resistant barrier in accordance with the swimming Pools Act and Regulations 1992 which: (a) separates the swimming pool from any residential building situated on the property and from any place adjoining the property; and (b) is designed, constructed, installed and maintained in accordance with the standards prescribed by the Regulations and appropriate Australian Standard. DA314 All protective fencing and gates are to be in accordance with Australian Standard 1926 prior to the pool being filled with water. The fence is to be a minimum of 1200mm in height and posts and/or supports are to be firmly fixed or encased in such a way that the posts/support are unable to be removed easily. The fence is not to be removed or altered at any time without the express approval of Council having been obtained beforehand. DA319 Details of the method of termite protection which will provide whole of building protection, inclusive of structural and nonstructural elements, shall be submitted to the Council/Accredited Certifier prior to issue of the Construction Certificate. Attention is drawn to the provisions of Australian Standard 3660.1 "Protection of Buildings from Subterranean Termites New Buildings" and to Council's Code

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MANLY INDEPENDENT ASSESSMENT PANEL for the "Protection of Buildings Against Termite Attack".

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DA320 Prior to issue of the Occupation Certificate, a durable termite protection notice shall be permanently fixed to the building in a prominent location detailing the form of termite protection which has been used in accordance with Council's Code for the "Protection of Buildings Against Termite Attack". DA274 Payment of contributions in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, may be required for this development. If required the amount will be in accordance with Councils Section 94 Policy applicable at the time of payment prior to the issue of the Construction Certificate. DA323 This approval shall expire if the development hereby permitted is not commenced within 2 years of the date hereof or any extension of such period which Council may allow in writing on an application made before such an expiry. For the Decision: Against the Decision: Stein, Morel, Morrish and Skelton Nil. *******

MIAP Report No. 51 16 Mulgowrie Crescent, Balgowlah Heights - DA88/09 (DA88/09) Application Lodged: Applicant: Owner: Estimated Cost: Zoning: Surrounding Development: Heritage: SUMMARY: 1. DEVELOPMENT CONSENT IS SOUGHT FOR ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING INCLUDING A SECOND FLOOR ADDITION, EXTENSIONS, DECK, PERGOLA AND NEW ROOF. THE APPLICATION WAS NOTIFIED TO ALL ADJOINING AND NEARBY PROPERTY OWNERS AND FOUR (4) SUBMISSIONS RECEIVED. THE APPLICATION WAS REFERRED TO THE BALGOWLAH HEIGHTS PRECINCT COMMUNITY FORUM FOR COMMENTS. THE PROPOSAL WAS REFERRED TO COUNCILS DEVELOPMENT ASSESSMENT UNIT MEETING ON THE 27 OCTOBER 2009 AND THE DAU RECOMMENDED APPROVAL. A SITE INSPECTION IS RECOMMENDED. THE APPLICATION IS RECOMMENDED FOR CONDITIONAL APPROVAL. 25 March 2009 Simon Rosewell Pty Ltd AJ & EM Nagel $150,000 Manly Local Environmental Plan, 1988 ­ Residential and within the Foreshore Scenic Protection Area Predominantly residential Not applicable

2. 3. 4. 5. 6.

PUBLIC ADDRESSES The following people addressed the meeting in relation to this item: Against the recommendation: Danny Yang

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MANLY INDEPENDENT ASSESSMENT PANEL Doug and Sue Robinson In support of the recommendation: Simon Rosewell, architect Anthony Nagel, Applicant

19 NOVEMBER 2009

M56/09

Decision of the Panel:

THAT Development Application No. 88/09 for Alterations and additions to an existing dwelling including a second floor addition, extensions, deck, pergola and new roof at 16 Mulgowrie Crescent, Balgowlah Heights be APPROVED subject to the following conditions: DA1 This approval relates to the following drawings/plans: Drawing Number DA 01 DA 02 DA 03 DA 04 DA05 DA 09 Revision Number B B B B B B Dated March 09 July 09 July 09 January 09 July 09 July 09 Received by Council Dated 04/08/2009 04/08/2009 04/08/2009 04/08/2009 04/08/2009 04/08/2009

Statement of Environmental Effects undated 4 August 2009 prepared by Simon Rosewell received by the Council on 4 August 2009

ANS02 The following changes are to be included in the proposed development: (i) The proposed planter box and pergola above is to be setback to the proposed building line of Ensuite 2 along the eastern side on the proposed first floor. (ii) The pergola located on the front deck adjoining the master bedroom located on the first floor is to be setback along the eastern side in line with the external face of the eastern wall. Plans are to be amended accordingly prior to the issue of the Construction Certificate Reason: To provide increased viewing corridor for adjoining properties and reduce bulk when viewed from rear northern side. ANS03 The proposed shed located along the western lower ground floor level is to be offset 300mm from the side boundary, and the maximum height of the shed roof is to be limited to 1.8m on the western boundary side. Reason: To reduce the impact of the shed on the neighbouring property and to allow access for maintenance. ANS04 The trees located on the rear northern boundary are to be retained and protected during construction. Reason: To protect the amenity of the environment. DA016 Pursuant to Section 97 of the Local Government Act, 1993, Council requires, prior to issue of the Construction Certificate, or commencement of any excavation and demolition works, payment of a Trust Fund Deposit of $5,000. The deposit is required as security of compliance with Conditions of Consent, and as security against damage to Council property during works on the site.

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Note: Should Council property adjoining the site be defective eg, cracked footpath, broken kerb etc., this shall be reported in writing to Council, at least 7 days prior to the commencement of any work on site. Note: Where Council is not the principal certifying authority, refund of the trust fund deposit will also be dependent upon receipt of a final occupation certificate by the Principal Certifying Authority and infrastructure inspection by Council. DA017 No obstruction shall be caused to pedestrian use of Councils footpath or vehicular use of any public roadway during construction. DA342 Separate application shall be made to Council's Infrastructure Division for approval to complete, to Council's standards and specifications, works on Council property. This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be made a minimum of twenty-eight (28) days prior to commencement of proposed works on Council's property. Applicant to notify Council at least 48 hrs before commencement of works to allow Council to supervise/inspect works. DA343 Any adjustment to the public utility service is to be carried out in compliance with their standards and the full cost is to be borne by the applicant. DA018 Details of the builder's name and licence number contracted to undertake the works shall be provided to Council/Accredited Certifier prior to issue of the Construction Certificate. DA019 Insurance must be undertaken with the contracted builder in accordance with the Home Building Act, 1997. Evidence of Insurance together with the contracted builders name and licence number must be submitted to Council /Accredited Certifier prior to issue of the Construction Certificate. DA021 Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 person or part of 20 persons employed at the site, by effecting either a permanent or temporary connection to the Sydney Water's sewerage system or by approved closets. DA022 Retaining walls being constructed in conjunction with excavations with such work being in accordance with structural engineer's details. Certification of compliance with the structural detail during construction shall be submitted to the Principal Certifying Authority. DA023 No person shall use or occupy the building or alteration which is the subject of this approval without the prior issue of an Occupation Certificate. DA024 A sign must be erected on the subject site in a prominent position stating that unauthorised entry is prohibited and giving details of the name of the builder or the person responsible for the site and 24 hour contact details. The sign is to have dimensions of approximately 500mm x 400mm. Note: The sign is not required if the building on the site is to remain occupied during the course of the building works. DA026

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All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans with certification being submitted to the Principal Certifying Authority during construction from a registered surveyor certifying ground and finished ridge levels. DA38 A Certificate of Adequacy signed by a practising Structural Engineer is to be submitted to the Council/Accredited Certifier in respect of the load carrying capabilities of the existing structure to support the proposed additions prior to the issue of the Construction Certificate. DA039 Four (4) certified copies of the Structural Engineer's details in respect of all reinforced concrete, structural steel support construction and any proposed retaining walls shall be submitted to the Council/Accredited Certifier prior to the issue of the Construction Certificate. DA040 Where any excavation extends below the level of the base of the footing of a building on an adjoining allotment of land, the person causing the excavation shall support the neighbouring building in accordance with the requirements of the Building Code of Australia. DA044 The floor surfaces of bathrooms, shower rooms, laundries and WC compartments are to be of an approved impervious material properly graded and drained and waterproofed in accordance with AS3740. Certification is to be provided to the Principal Certifying Authority from a licenced applicator prior to the fixing of any wall or floor tiles. DA47 A suitable sub-surface drainage system being provided adjacent to all excavated areas and such drains being connected to an approved disposal system. DA048 The implementation of adequate care during demolition/ excavation/ building/ construction to ensure that no damage is caused to any adjoining properties. DA058 An adequate security fence is to be erected around the perimeter of the site prior to commencement of any excavation or construction works, and this fence is to be maintained in a state of good repair and condition until completion of the building project. DA94 Stormwater drainage from the proposed addition/extension shall be disposed of to the existing drainage system. All work shall be carried out in accordance with Councils standards and specifications for stormwater drainage. Work shall be completed prior to the issue of the Occupation Certificate. DA097 Any work shall not prohibit or divert any natural overland flow of water. DA357 Four (4) copies of Architectural Drawings consistent with the development consent and associated specifications are to be submitted to Council/Accredited Certifier prior to the issue of the Construction Certificate. DA109 All demolition is to be carried out in accordance with AS2601-2001. DA111 Asbestos cement sheeting must be removed in accordance with the requirements of the

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MANLY INDEPENDENT ASSESSMENT PANEL WorkCover Authority.

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DA121 All building work must be carried out in accordance with the provisions of the Building Code of Australia. DA126 An automatic fire detection and alarm system shall be installed in the proposed dwelling in accordance with the requirements of Part 3.7.2 of the Building Code of Australia 1996 - Housing Provisions. DA230 No building materials, waste containers or skips may be stored on the road reserve or footpath without prior separate approval from Council, including payment of relevant fees. DA239 The felling, lopping, topping, ringbarking, wilful destruction or removal of any tree or trees unless in conformity with this approval or subsequent approval is prohibited. DA240 No tree other than on land identified for the construction of buildings and works as shown on the building plan shall be felled, lopped, topped, ringbarked or otherwise wilfully destroyed or removed without the approval of Council. DA348 Precautions shall be taken when working near trees to be retained including the following: do not store harmful or bulk materials or spoil under or near trees prevent damage to bark and root system do not use mechanical methods to excavate within root zones do not add or remove topsoil from under the drip line do not compact ground under the drip line. DA261 A sediment/erosion control plan for the site shall be submitted for approval to the Council/Accredited Certifier prior to the issue of the Construction Certificate. Implementation of the scheme shall be completed prior to commencement of any works on the site and maintained until completion of the development. DA269 A Construction Certificate Application is required to be submitted to and issued by the Council/Accredited Certifier prior to any building works being carried out on site. DA270 Should you appoint Council as the Principal Certifying Authority (PCA) to undertake inspections during the course of construction then the following inspection/certification are required: Silt control fences Footing inspection - trench and steel Reinforced concrete slab Framework inspection Final inspection The cost of these inspections by Council is $1,300 (being $260 per inspection inclusive of GST). Payment of the above amount is required prior to the first inspection. Inspection appointments can be made by contacting the Environmental Services Division on 9976 1414.

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At least 24 hours notice should be given for a request for an inspection and submission of the relevant inspection card. Any additional inspection required as a result of incomplete works will incur a fee of $110. DA271 An Occupation Certificate is to be issued by the Principal Certifying Authority prior to occupation of the development. DA285 Roof and framing including provision for tie downs, bracing and fixings are to be designed by a practising Structural Engineer. The Engineer is to specify appropriate wind category relating to the site terrain, house design and height of the structure, with details being submitted to the Principal Certifying Authority prior to the commencement of framework. DA332 The capacity and effectiveness of erosion and sediment control devices must be maintained to Council satisfaction at all times. DA333 A copy of the Soil and Water Management Plan must be kept on-site at all times and made available to Council officers on request. DA334 Stockpiles are not permitted to be stored on Council property (including nature strip) unless prior approval has been granted. DA335 Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage line or easement, natural watercourse, kerb or road surface. DA336 Drains, gutters, roadways and access ways shall be maintained free of sediment and to the satisfaction of Council. Where required, gutters and roadways shall be swept regularly to maintain them free from sediment. DA337 Building operations such as brickcutting, washing tools or paint brushes, and mixing mortar not be performed on the roadway or public footway or any other locations which could lead to the discharge of materials into the stormwater drainage system. DA338 All disturbed areas shall be stabilised against erosion to Council satisfaction within 14 days of completion, and prior to removal of sediment controls. DA339 Stormwater from roof areas shall be linked via a temporary downpipe to a Council approved stormwater disposal system immediately after completion of the roof area. Inspection of the building frame will not be made until this is completed to Council satisfaction. DA340 The applicant and/or builder must prior to the commencement of work, install at the periphery of the site, measures to control sedimentation and the possible erosion of the land. The measures must include:(i) siltation fencing; (ii) protection of the public stormwater system; and (iii) site entry construction to prevent vehicles that enter and leave the site from tracking loose material onto the adjoining public place.

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DA289 Building or construction work must be confined to the hours between 7.00am to 6.00pm, Monday to Friday and 7.00am to 1.00pm, Saturday, with a total exclusion of such work on Public Holidays and Sundays. Non-offensive works where power operated plant is not used and including setting out, surveying, plumbing, electrical installation, tiling, internal timber or fibrous plaster fixing, glazing, cleaning down brickwork, painting, building or site cleaning by hand shovel and site landscaping, is permitted between the hours of 1.00pm to 4.00pm Saturdays. Note: That the Protection of the Environment Operations Act 1997 may preclude the operation of some equipment on site during these permitted working hours. DA302 An approved Resuscitation Notice is to be erected in a prominent position in the immediate vicinity of the swimming pool and kept current at all times. DA303 The swimming pool is to be surrounded by a child-resistant barrier in accordance with the swimming Pools Act and Regulations 1992 which: (a) (b) separates the swimming pool from any residential building situated on the property and from any place adjoining the property; and is designed, constructed, installed and maintained in accordance with the standards prescribed by the Regulations and appropriate Australian Standard.

DA314 All protective fencing and gates are to be in accordance with Australian Standard 1926. The fence is to be a minimum of 1200mm in height and posts and/or supports are to be firmly fixed or encased in such a way that the posts/support are unable to be removed easily. The fence is not to be removed or altered at any time without the express approval of Council having been obtained beforehand. DA315 The proposed pool gates are to be mounted so that:(i) (ii) (iii) They are clear of any obstruction that could hold the gate open; When lifted upward or pulled downward, movement of the gate does not release the latching device, unhinge the gate or provide a ground clearance greater than 100mm; and They open outwards from the pool.

DA316 Where the latching device release, or the latch itself, on a pool gate is located at a height less than 1500mm above the finished ground level, the latch and its release shall be shielded in accordance with Australian Standard 1926. DA319 Details of the method of termite protection which will provide whole of building protection, inclusive of structural and nonstructural elements, shall be submitted to the Council/Accredited Certifier prior to issue of the Construction Certificate. Attention is drawn to the provisions of Australian Standard 3660.1 "Protection of Buildings from Subterranean Termites New Buildings" and to Council's Code for the "Protection of Buildings Against Termite Attack". DA320 Prior to issue of the Occupation Certificate, a durable termite protection notice shall be permanently fixed to the building in a prominent location detailing the form of termite protection which has been used in accordance with Council's Code for the "Protection of Buildings Against Termite Attack".

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DA274 Payment of contributions in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, may be required for this development. If required the amount will be in accordance with Councils Section 94 Policy applicable at the time of payment prior to the issue of the Construction Certificate. DA323 This approval shall expire if the development hereby permitted is not commenced within 2 years of the date hereof or any extension of such period which Council may allow in writing on an application made before such an expiry. For the Decision: Against the Decision: Stein, Morel, Morrish and Skelton Nil. *******

MIAP Report No. 52 85 West Street, Balgowlah - DA271/06 Section 96 Modification (DA271/06) Application Lodged: Applicant: Owner: Estimated Cost: Zoning: Surrounding Development: Section 96(2) lodged 12 December 2008 (Amended plans received 25 May 2009 & 30 September 2009) Stephen Mallinger As Above $1.2m Manly Local Environmental Plan, 1988 - Residential The locality is residential in character consisting of a mixture of one and two storey dwelling houses, two storey townhouses and three storey residential flat buildings Not applicable

Heritage: SUMMARY:

1. COUNCIL APPROVED THE ORIGINAL DEVELOPMENT APPLICATION 271/06 ON 13 OCTOBER 2006. 2. A SECTION 96 CONSENT WAS GRANTED TO EXTEND THE CONSENT PERIOD FOR ANOTHER YEAR TO LAPSE ON 13 OCTOBER 2009. 3. A SECTION 96 APPLICATION WAS LODGED ON THE 10 DECEMBER 2008 AND AMENDED PLANS WERE RECEIVED ON 25 MAY 2009 AND 30 SEPTEMBER 2009. 4. THE APPLICATION WAS NOTIFICATION BETWEEN 10 JUNE 2009 TO 24 JUNE 2009 AND SIX (6) SUBMISSIONS RECEIVED. 5. THE PROPOSAL WAS REFERRED TO COUNCILS DEVELOPMENT ASSESSMENT UNIT MEETING ON THE 27 OCTOBER 2009 AND THE DAU RECOMMENDED APPROVAL. 6. A SITE INSPECTION IS RECOMMENDED. 7. THE S96 APPLICATION IS RECOMMENDED FOR APPROVAL.

M57/09

Decision of the Panel:

THAT Development Consent No. 271/06 for demolition of existing dwelling and construction of a four (4) unit residential flat building and basement parking at 85 West Street Balgowlah be Approved, subject to the original conditions of consent with condition DA1 and ANS03 modified, and Condition Nos. ANS06, ANS07, ANS08 and DA267A added as follows;

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DA1 This approval relates to drawings/plans Nos. A:01, A:11 ­ A:15, A:21, A:22, A:23, A:31, A:32 and A95 in Job No. 0527 Issue A dated 16 June 2006 and received by Council on the 26 June 2006 and Landscape Plan 85W/L/A dated 23 June 2006 and received by Council on the 26 June 2006. Except as amended by drawings/plans Nos. A01 (Issue I), A11 (Issue I), A12, A13, & A14 (Issue J), A15 (Issue I), A21 (Issue J), A22 (Issue I), and A23 (Issue H) dated 16 September 2009 and received by Council on the 30 September 2009. ANS03 No excavation is to take place within 500mm from all boundaries. Plans to be amended prior to the issue of the Construction Certificate. ANS06 The Kashmir Cypress Pine located at the front of the site must be replaced by a suitable species selected from the Manly Area Endemic Plant Species List. The tree species must be able to reach a height of at least 12.0m at maturity and to be in at least a 300L container at time of planting. ANS07 In order to maintain the privacy of No.83 West Street, the window sill of the kitchen window of Unit 3 on the first floor must be at least 1500mm above the finished floor level. Further, the window off the landing on the top of the stairs on the second floor of Unit 3 be translucent glass. Plans to be amended prior to the issue of the Construction Certificate. ANS08 Unless suitable agreement is reached with the owners of No.87 West Street, the existing paling fence along the northern side boundary must be retained and suitably protected during the demolition and construction phase. Plans to be amended prior to the issue of the Construction Certificate. DA267A Works in connection with this Section 96 modification are not to be commenced/carried out until a new Construction Certificate is issued. For the Decision: Against the Decision: Stein, Morel, Morrish and Skelton Nil. *******

CLOSE

The meeting closed at 1.36pm. The above decisions were confirmed at an Manly Independent Assessment Panel of Manly Council held on 19 November 2009.

********* END OF DECISIONS *********

Manly Independent Assessment Panel Decisions

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Minutes of Manly Independent Assessment Panel - 19 November 2009