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[2004] NSWLEC 572
appellant. The appeal was upheld; development application No. LUA03/1338 was determined by granting conditional development consent subject to the detailed conditions set out in Annexure A (see [52] and...
Duffmore sought to demolish two houses and build 20 self-care dwellings under SEPP 5 on a deep site adjoining a golf course. Council effectively refused after community objections about trees, character, access and amenity. The Land and Environment Court applied SEPP 5 (noting clause 14 thresholds prevented refusal on height/density/landscaped area/car parking), clause 25 design principles and the Wombarra compatibility principles. The Court emphasised visibility from public domain and neighbours as central to 'character' assessments and found that the proposal, with setbacks, modulation, landscaping and conditions, did not unacceptably harm streetscape or amenity. The appeal was upheld and conditional consent granted (see [11], [34], [35], [49]-[52]).
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Duffmore Properties sought consent to demolish two existing dwellings and erect 20 self-care dwellings at 91 and 91A Kangaloon Road, Bowral under State Environmental Planning Policy No. 5 (Housing for Older People or People with a Disability) (SEPP 5) (see [1]-[2]). The site is an unusually deep, irregular allotment projecting into the Bowral Golf Course, with a watercourse about 60 m from Kangaloon Road (see [3]-[4]). The development proposed one and two-storey dwellings arranged in clusters, private courtyards, and 25 resident plus three visitor car parking spaces (see [2]). The site is zoned Residential 2(a) under the 1989 Wingecarribee LEP (see [6]).
No linked legislation citations have been extracted yet.
The application was advertised and attracted 20+ objections on grounds ranging from tree removal and character to traffic and drainage (see [15]). Council's Works and Planning Committee resolved to refuse the application on a series of technical and design grounds (see [16]). Because Council failed to determine the application, the applicant appealed to the Land and Environment Court on the basis of a deemed refusal (see [17]).
At hearing, both sides led expert evidence (planning, access, arboriculture, architecture, traffic, drainage). The Court inspected the site and heard local residents and the golf club representative (see [18]-[20]). Case management narrowed the issues to design/character and streetscape, internal arrangements for seniors, safety of shared ways, tree survival, turning/vehicle access, and residents' objections (see [21]). Some technical consultation matters (detention, disabled access, shadow diagrams, energy efficiency) were left for further evidence and modified plans; by the time of judgment the Commissioner concluded these matters had been satisfactorily resolved (see [22]-[23]).
The central live issue for decision was whether the proposal was of appropriate character in the locality and consistent with the LEP 2(a) objectives and SEPP 5 clause 25 design principles (see [29]-[33]). Applying SEPP 5, the LEP objectives and the planning principles distilled in GPC No. 5 (Wombarra), the Court held the proposal was acceptable on balance and granted conditional development consent (see [35], [43]-[52]).
The Court's reasoning follows a structured planning analysis.
Threshold compliance under SEPP 5 cl 14: The Court first observed that the proposal more than complied with SEPP 5 threshold standards (height, density/scale, landscaped area and car parking) and that, insofar as those thresholds are satisfied, they cannot be used to found a refusal ([10]-[11]). That framing constrained the scope of permissible planning objections.
Proper legal test, clause 25 and LEP objectives: The operative substantive test was whether the development had given adequate regard to the neighbourhood amenity and streetscape principles in clause 25 of SEPP 5 and did not run counter to the LEP 2(a) objectives to maintain low-density residential character and protect landscape/scenic quality and amenity ([7], [12], [32]). The Court stressed that these principles require examination of the nature and elements of character: use, bulk/scale/form, materials, setting and landscaping ([33]).
Visibility as the key yardstick: Critically, the Court emphasised that the degree to which development is visible from the public domain and neighbouring properties is more important than some abstract notion of 'character' ([34]). Visibility therefore becomes the primary lens for applying clause 25 to this site.
Application of the Wombarra principles: The Court adopted the four Wombarra planning principles (as set out in GPC No. 5) to structure the compatibility analysis: (i) two-storey buildings can be compatible outside conservation areas; (ii) large developments must be visually broken up; (iii) existing characteristics that reduce visual dominance should be preserved; and (iv) new materials/forms should generally reflect local building forms, introduced with care ([35]). The Court applied these to the proposal: it found the development would be visually broken up by articulation and landscaping; the site is not a conservation area so two-storey elements are not per se unacceptable; existing trees alone would not fully screen the proposal and new plantings would, within a reasonable time, provide a satisfactory setting; and the proposed materials were within a responsive palette though some roof forms differ ([43]-[49]).
Balancing and conditions: After weighing visibility, setbacks, modulation, materials, tree retention and proposed landscaping, and accepting expert evidence that technical access and drainage issues could be resolved, the Court concluded the development demonstrated adequate regard to clause 25 and LEP objectives and granted consent subject to a detailed schedule of conditions ([23], [25], [43], [49]-[52]).
Before this judgment, SEPP 5 was the operative instrument for housing for older people/people with disability. The Court explicitly noted that the Seniors Living SEPP (gazetted March 2004) was not applicable to this DA but that clause 31 of SEPP Seniors Living could nonetheless be considered as an environmental planning instrument under s79C ([13], [31]). The Court therefore demonstrated a readiness to consider relevant policy material even where the new SEPP did not apply to the pending application.
This decision reinforces a practical approach under SEPP 5 and s79C: where threshold standards in clause 14 are met, decision-making shifts to clause 25 design and amenity considerations, with visibility and the Wombarra compatibility principles central to analysis. The judgment applies and elaborates the Wombarra principles in the SEPP 5 context (see [35], [43]-[49]).
The decision does not alter statutory law but shows how the Court will balance modern architectural forms and two-storey elements with local character concerns outside conservation areas, provided articulation, setbacks and landscaping mitigate visual dominance.
"In these circumstances it cannot be argued that the applicable zone objective seeking a low-density residential character is critically infringed." ([11])
"the extent to which the site ... is able to be seen from the public domain or indeed from neighbouring properties is an important consideration, more so than the notion of character generally." ([34])
Wombarra first principle: "buildings in a SEPP 5 development do not have to be single-storey ... even where most existing buildings are single-storey." ([35])
"It is therefore the decision of the Court that the appeal should be upheld and conditional development consent granted." ([52])
This judgment is directly relevant where:
In summary, where a SEPP 5 application raises questions about compatibility with local character but complies with the threshold numeric standards, this judgment shows the Court will apply visibility-focused, Wombarra-style analysis and may uphold the development if articulation, setbacks, materials and landscaping produce acceptable outcomes.
The judgment itself cites and applies GPC No. 5 (Wombarra) ([35]). The Court does not record later judicial treatment of Duffmore in this decision. From the text provided, there is no discussion of subsequent appellate consideration or treatment by later courts. Therefore one cannot, on the basis of this judgment alone, state how later courts have treated Duffmore. Any such analysis would require review of subsequent case law databases or reported decisions beyond the content of this judgment.
The judgment resolves the dispute before the Court, but several topics remain open or potentially contestable in later cases:
Weight to clause 14 compliance versus clause 25 amenity concerns: the judgment reiterates that compliance with clause 14 removes those grounds for refusal (see [11]), but how far decision-makers may rely on clause 25 to refuse a scheme that technically meets clause 14 but substantially departs visually from local forms remains fact-sensitive. Future cases could test the boundary where visual impact and character concerns override clause 14 compliance.
The role of new SEPP instruments: the Court indicated that clause 31 of the Seniors Living SEPP could be taken into account even if the instrument did not formally apply to the DA (see [31]). The degree to which newer SEPPs may be consulted on transitional applications could be litigated further.
Visibility from non-public domains: Duffmore stresses visibility from adjoining private domains (the golf course and neighbours) as critical (see [34]). The appropriate balance where a development primarily presents to a semi-private domain (golf course) versus public street frontage may be refined in later decisions.
Long-term landscape outcomes: the Court accepted that removal of certain trees could be compensated by proposed plantings and retained specimens ([25], [44]). Questions remain about how courts should weigh immediate visual loss against speculative future screening, particularly where protections for retained trees are contentious.
Design innovation versus local consonance: the Court permitted new roof forms and contemporary use of traditional materials provided sensitivity and landscaping mitigated impact ([46]-[49]). Future cases may further delineate how much departure from dominant local building forms is tolerable.
This concludes the detailed analysis and structured deep dive of the Court's decision in Duffmore Properties Pty Ltd v Wingecarribee Shire Council [2004] NSWLEC 572.
Disclaimer: This is general legal information based on the uploaded judgment, not legal advice. I can make mistakes. Before you rely on this analysis, use it in planning, or act on any draft derived from it, get a qualified Australian lawyer to check it.
The Applicant may be required to arrange for Council to peruse all other contract documentation PRIOR TO THE CONTRACTOR ARRIVING ON SITE TO COMMENCE WORK . (Schedule of Works, Specifications Bill of Quantity, traffic control plan and Soil and water management plan).
Failure to comply with the requirements as set out above will result in an immediate stop work order. 5. Hours of Construction Works
In order to minimise impacts upon the locality construction activities shall be limited to between 7.00am - 5.00pm Monday to Friday and 8.00am to 12.00 midday Saturdays with no work on Sundays and public holidays. Any variation of these hours may only occur with Council's consent. 6. Demolition The following shall be provided with the application for Construction Certificate: (a) A detailed proposed 'work plan' as mentioned in Clause 1.7.3 to Australian Standard 2601.
(b) A site plan, including details of the surrounding public and private lands, showing the location and nature of proposed protection (people and property) measures and hazard warning measures (example - lights, signs etc).
(c) A Waste Management Plan in accordance with Council's Development Control Plan No 49. Demolition shall be carried out in accordance with the above. 7. Construction Certificate
The building works are not to commence until a Construction Certificate has been issued in accordance with the Environmental Planning and Assessment Act 1979 . A Building Code of Australia assessment has not been undertaken on the proposal. For further advice you may contact Council's Building Surveyors. 8. Other Approvals
Prior to any work commencing, approval under Section 68 of the Local Government Act 1993 will need to be obtained for stormwater drainage, sanitary drainage and water plumbing. 9. Occupation Certificate Prior to Occupation Certificate being issued, an inspection by Council officers shall be undertaken to ensure that all conditions of Council's Development Consent No LUA03/1338 have been complied with. 10. Ground Levels Natural ground levels are not to be altered or adjusted other than shown on the approved plans without the prior consent of Council. 11. Floor Levels
Prior to pouring concrete for the ground floor slab a report (prepared by a registered surveyor) shall be submitted to the Principal Certifying Authority by the builder to confirm the level of the finished floor will be a minimum of 500 millimetres above the 1% AEP flood level. 12. Protection of Council's Road Reserve, Kerb and Gutter and Footpath
The building supervisor is responsible to ensure that all contractors, sub-contractors, and delivery trucks use a designated access point to prevent damage to Council's property. Repairs to damaged grass verges, concrete footpath, kerb and gutter are to be carried out by the builder to Council's specification and supervision prior to occupation of the development. Part 3A Permit
The "General Terms of Approval" Rivers and Foreshores Improvement Act 1948 Part 3A Permit pages 1 - 16 issued by Department of Infrastructure Planning and Natural Resources dated 19 April 2004 as contained in Attachment "A" to this consent, forms part of this integrated development consent. Each dwelling shall have provision of sufficient space to allow a lift or stair climber to be installed in the event a resident needs such a facility at some time in the future. Details to be submitted to the satisfaction of Council prior to release of the Construction Certificate. The bridge across the watercourse shall be 3.5m width. A footpath separated by a suitable barrier from the driveway is to be provided across the bridge on the western side. Details to be submitted to the satisfaction of Council prior to release of the Construction Certificate. The plans that accompany the application for a Construction Certificate shall carry a certificate from a recognised Access Consultant that they comply with the requirements of SEPP No 5 and the relevant Australian Standards notably AS4299 and AS1428.1 The people allowed to occupy the dwellings in the proposal are limited to:
(a) Seniors (aged over 55 years) or people who have a disability and (b) People who live within the same household with seniors or people who have a disability,
and before any Certificate of Occupancy is issued the applicant is to have in place a caveat or covenant on the title/s to restrict the occupation in accordance with the above limitation. Proof of registration to be provided to the satisfaction of Council prior to issue of an Occupation Certificate. 13. Insurance The property owner / management will be required to enter into an agreement indmenifying Council from any liability for damages incurred as a result of the site's proximity to a golf course. Proof of indemnity insurance shall be submitted to the satisfaction of Council prior to occupation of the development. 14. Golf Ball Fencing Fencing shall be provided along the southern, eastern and western fence lines to deter golf balls where appropriate. Details of fencing location, fencing height and fencing materials shall be accompanied by a report analysing likely impacts of balls / paths of travel, to justify the chosen fencing location and height. Details of fencing shall be provided to the satisfaction of Council prior to issue of Construction Certificate. Fencing shall be erected prior to occupation of the units.
Please Note: Council has previously required 8 metre high fencing on residential sites adjoining golf courses to deter golf balls.
The site being consolidated BEFORE RELEASE OF OCCUPATION CERTIFICATE to ensure the use of the land as one allotment is legally recognised and to prevent separate dealings in the existing allotments after the use commences.
Protection of Council Assets 16. Guarantee for Civil Works Prior to allowing occupation of the building a cash bond or irrevocable bank guarantee is to be lodged for a period of twelve (12) months for a sum equal to five (5) % of the engineering works or a minimum of $1,000 that are to become the property of Council to ensure the effective performance of these works.
LAND AFFECTATION Geotechnical 17. Placement of Fill on the Development Site All fill placed on the site shall be placed in a controlled manner in accordance with the requirements of Development Control Plan No 41. Land Contamination 18. Imported Fill Material Fill material shall not be obtained from contaminated land (as defined in Part 7A of the Environmental Planning & Assessment Act 1979). All imported fill shall be validated in accordance with NSW Environment Protection Authority guidelines prior to it being brought onto the site.
Sediment and Erosion Control 19. Erosion and Sediment Control Plan Compliance
All site works shall be carried out in accordance with the Erosion and Sediment Control Plan. Implementation of the Erosion and Sediment Control Plan shall be supervised by personnel with appropriate training or demonstrated knowledge or experience in erosion and sediment control.
In the event of non-compliance with the approved plan, Council Officers have the ability to issue Penalty Notices, being an on the spot fine. 20. Erosion Control
To minimise soil erosion and sediment movement during construction, the following measures shall be implemented:- (a) Removal and/or disturbance of vegetation shall be confined to within two metres of the site of required works and the site(s) of permanent accessways.
(b) Topsoil stripped from the construction site shall be stockpiled and protected from erosion until re-use during landscaping. Soil is to be retained within the property.
(c) Stockpiles of construction and landscaping materials, and of site debris shall be located clear of drainage lines and in such a position that they are protected from erosion and do not encroach upon any footpath, nature strip or roadway.
(d) Final site spoil shall be disposed of to conform to the specifications and standards quoted and to any conditions of approval of those measures and must comply with any relevant EPA requirements.
(e) Trenches shall be backfilled, capped with topsoil and compacted to a level at least 75mm above adjoining ground level.
(f) Vehicular access shall be controlled so as to prevent tracking of sediment onto adjoining roadways, particularly during wet weather or when the site is muddy. Where sediment is deposited on adjoining roadways the same shall be removed by means other than washing. All material is to be removed as soon as possible and the collected material is to be disposed of in a manner which will prevent its mobilisation.
(g) All disturbed areas shall be progressively stabilised and/or revegetated so that no areas remain exposed to potential erosion damage for more than 14 days or such other period as may be approved after earthworks cease. All driveways and parking areas shall be stabilised with compacted sub-grade as soon as possible after their formation. Landscaping and Vegetation 21. Large Development Landscaping Landscaping details to be submitted for approval by the Director Environment and Planning PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE , as follows: (a) A detailed landscape plan is to be lodged with the Construction Certificate application generally in accordance with Plan LDA-01 dated September 2004 prepared by Anton James Design.
Please note, not all species indicated in Plan LDA-01 dated September 2004 prepared by Anton James Design are suitable species considering local climatic conditions. The landscape plan shall include species more suited to Southern Highlands climate.
(b) The landscaping shall be established and maintained in accordance with the approved landscaping plan.
(c) The detailed landscape plan shall include the proposed species to be used, height and spread at maturity, and a specification for soil preparation, drainage, weed control, watering, fertilising and general maintenance during establishment.
(d) Additional screen planting shall be provided along the eastern and western boundaries. 22. Landscape Bond
The developer and/or owner at no cost to Council entering into an agreement secured by cash or irrevocable bank guarantee for the sum of $10,000, to ensure that the landscaped area is maintained to the satisfaction of Council for a period of not less than one year from the date of completion of the development. Failing this, Council would have the right to enter the property and to carry out the work by day labour or contract at the expense of the owner and/or developer.
The amount of security required is to be returned to Council PRIOR TO RELEASE OF THE CONSTRUCTION CERTIFICATE .
Securities which are no longer required will be returned to the guarantor. 23. Tree Removal/Tree Preservation (a) All trees identified on Drawing DA 06X to be retained shall be retained. (b) Tree removal and tree preservation works shall be carried out in accordance with the Site Tree Management Plan prepared by TLC Solutions (Appendix One attached to joint statement prepared by Paul D'Hondt and Tony Lyndon with the following additions:
· The appointed Site Arborist to approve specifications for structural soil with a view to following the following essential steps: 1. Choice of aggregate for size and known stability to weathering. 2. Precise measurement of total pore volume in compacted material. 3. Choice and design of filler soil using highest quality materials available. 4. Addition of the calculated filler soil volume ration. 5. Submission of samples for Proctor compaction and CBR testing for certification by an engineer as acceptable in the design situation. 6. Careful specification to suppliers with a requirement to show proof of meeting the engineers requirements. 7. Careful supervision of installation to ensure correct mixing ratios and achievement of compaction requirements. In any case where the proposed use of structural soil fails the above steps the engineering alternative of installing piered and suspended slabs to provide the desired roadway strength with minimum impact on existing soil profiles and tree roots may be applied under the supervision of the Site Arborist. · Stormwater Management Plans (Figures A, B and C) will be amended to indicate no excavation or other works within the nominated Tree Protection Zones of retained trees, other than works specifically approved by the appointed Site Arborist. (c) No tree which is to be retained shall be lopped, removed, damaged or destroyed without prior written consent from Council.
NOTE : No vegetation shall be burnt except with an approval issued by Council under Clause 9 (2) of the Protection of the Environment (Control of Burning) Regulation 2000 .
Waste Management 25. Waste Management Plan Section 2 of Council's standard Waste Management Plan is to be completed in accordance with Development Control Plan 49 to the satisfaction of Council's Director Environment and Planning, prior to the issue of the Construction Certificate for the development .
CIVIL ENGINEERING WORKS AND SERVICES 26. Provision of Works and Services The provision, by the Applicant, at their expense, of the following works and services to be documented and constructed in accordance with Council's Development Control Plan Nos 12 and 41, to the satisfaction of the Development Control Engineer. PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE the Developer must obtain approval for the works to be undertaken by submitting adequate documentation including plans, calculations and specifications, to Council which justify that the proposed works are in accordance with all Council's standards and all other relevant Codes and guidelines. 27. Water and Sewer Authority Conditions Prior to issue of a Construction Certificate, the Applicant must obtain approval from Council (as the Water Supply Authority and/or as required under Section 68 of the Local Government Act ) for the works to be undertaken by submitting adequate documentation including plans, calculations and specifications which justify that the required works are in accordance with all Council's standards and all other relevant codes and guidelines.
Stormwater Drainage 28. Construction of Stormwater Stormwater is to be constructed generally in accordance with the Patterson & Britton Plan outlined in Condition No 1 with the following modification being the stormwater detention basins be modified by means of detailed design to provide a minimum grade of 1% from the invert of the detention tanks to the outlet of the watercourse.
Additional detailed design is to include options to minimise the possibility of outlet blockage and backflow.
Parking, Loading, Access and Roadworks 29. Driveways and Parking Internal driveways, turning areas and four (4) off street vehicular line marked parking spaces are to be constructed with a permeable surface as shown on plan LDA01.
Along each side of the roadway, and at the crossing point, footpaths shall have a distinctive and continuous colour.
A minimum of seven (7) days prior to the commencement of work, the developer shall submit to Council a Certified Traffic Management Plan for each activity of work in accordance with the current version of Roads and Traffic Authority document " Traffic Control at Work Sites" . This plan must include each construction activity that involves works on or adjacent to public land. If the work site alters, further plans are to be submitted to Council. A copy of the plan(s) is to be kept on site at all times. 31. Turning Circle
Clear signposting shall be provided at the truck manoeuvring / turning area identifying it as a turning area with no parking. Details to be provided to the satisfaction of Council prior to the issue of Construction Certificate. i. Sewer Mains
Construction of Sewer Mains Sewerage mains to serve the development.
(a) A new sewer main shall be constructed of 225mm diameter across the site generally in the location shown on option 4 conceptual layout of Patterson Britton & Partners Pty Ltd as proposed alignment and located a minimum of 600mm clear of all buildings. Manholes to be a minimum 1200mm clear of all buildings.
(b) The sewer main is to be constructed to enable future connection of the properties to the east and west.
(c) Upon construction of the relocated sewer main and its connection to the relevant sewage treatment facility the development shall be connect to the relocated main.
(d) Upon connection to the relocated main the existing sewerage pipes shall be capped at the eastern and western boundaries of the site. Setback from Sewer Manhole The building shall not be erected within 1.2m of the sewer manhole. a) Water Mains Supply
Construction of Water Service Water service installation to the development by Council at the Applicant's cost. Application form to be completed and fee to be paid in the case of developments.
The provision of underground electricity to service the development in accordance with the requirements of Integral Energy. The Applicant prior to release of a Construction Certificate will be required to submit to Council documentary evidence qualifying that the requirements of Integral energy have been obtained. The requirements of the supply authority will need to be met prior to occupation of the development. 33. Telstra / AGL - Where Applicable
The Applicant is to contact Telstra / AGL to ascertain the requirements of the organisations for the development. The objective of this condition is to minimise the cost of providing such a service at the construction stage. Written advice is to be submitted to Council PRIOR TO THE RELEASE OF THE CONSTRUCTION CERTIFICATE . 34. Works as Executed Plans
Following the completion of the work, one full set of work-as-executed drawings shall be submitted to and retained by Council. Sufficient details including locations and levels of the below ground infrastructure are required in order to enable a complete check of the work as executed as compared to the original approved design. Any deviation from the approved engineering plans shall be shown on the work-as-executed drawings. Each sheet of the drawings shall carry the certification of the developers supervising engineer. 35. Relocation of Existing Services
Where existing services including drainage, sewerage and water may be required to be relocated as a result of the development, a plumber's permit is required from Council prior to commencing work. Inspection of these works by Council's Building Surveyor is required. 36. Certification of Internal Civil Works
On completion of works and prior to occupation, certification from a practising appropriately qualified Engineer shall be submitted to Council detailing that all internal civil works are in accordance with the approved plans and specifications.
CONTRIBUTIONS AND DEDICATIONS 37. Section 94 Contributions
Payment to Council of contributions levied in respect of Sec 94 of the Environmental Planning & Assessment Act subject of this development consent to be made PRIOR TO THE RELEASE OF THE OCCUPATION CERTIFICATE , or as elsewhere specified.
NOTE: This clause does not override the provisions of the condition relating to supervisory charges and those connected with engineering works listed elsewhere on this consent. This clause has been applied in accordance with Council's adopted policy. 38. Contributions The contribution by the Applicant of monies for the following designated purposes PRIOR TO THE RELEASE OF THE OCCUPATION CERTIFICATE. The exact amount of contribution will be calculated at the rate applicable at the time of payment and will reflect the current contribution rates, which are reviewed annually. Copies of the Contributions Plans are available at Wingecarribee Shire Council's Administration Building in Moss Vale. The current contribution rate is noted below.
Open Space and Recreation Facilities and Community Facilities Contributions Plan (Effective 01/07/93) Public Recreation/Reserves The payment of a monetary contribution to be applied against the acquisition of land for the purposes of public recreation and/or the improvement and embellishment of public reserves under the care, control and management of Council. No LOTs/ETs Rate $ Total $ Account No. 15 1,498 22,470 109010.1404.OS01
The payment of a monetary contribution to be applied against the cost of providing a Family Day Care Centre to service the Shire.
No LOTs/ETs Rate $ Total $ Account No. 15 16 240 109010.1402.FDC01
The payment of a monetary contribution towards the provision of a Youth Centre.
No LOTs/ETs Rate $ Total $ Account No. 15 41 615 109010.1402.YC01
Central Library Facility Contributions Plan (Effective 23/07/97)
The payment of a monetary contribution to be applied towards the cost of construction of a Central Library to service the Shire.
No LOTs/ETs Rate $ Total $ Account No. 15 303 4,545 109010.1402.CLC01
Roads and Traffic Management Facilities Contributions Plan (Effective 01/07/93) The payment of a monetary contribution towards the improvement of local roads to which the development has an impact due to the vehicular movements generated by the development.
Road Sub Plan 1 No LOTs/ETs Rate $ Total $ Account No. 15 820 12,300 109010.1406.SP101
Road Sub Plan 2 No LOTs/ETs Rate $ Total $ Account No. 15 1,008 15,120 109010.1406.SP201
Stormwater Drainage Contributions Plan (Effective 21/06/93) The payment of a monetary contribution towards the augmentation of the stormwater drainage systems within the catchment, of which the development is a part of and has an impact on.
No LOTs/ETs Rate $ Total $ Account No. 15 3,647 54,705 109010.1403.BO1
Administration Contributions Plan (Effective 23/05/01) The payment of a monetary contribution to be applied against the cost of Contribution Plan Administration.
No LOTs/ETs Rate $ Total $ Account No. 15 336 5,040 109010.1401.CPA01
Resource Recovery Centre (Effective 10/04/02) The payment of a monetary contribution to be applied against the recoupment of funds for the cost of providing the Resource Recovery Centre.
No LOTs/ETs Rate $ Total $ Account No. 15 73 1,095 109010.1410.RRC01
Animal Shelter (Effective 10/04/02) The payment of a monetary contribution to be applied against the recoupment of funds for the cost of providing the Shire's Animal Shelter.
No LOTs/ETs Rate $ Total $ Account No. 15 11 165 109010.1411.AS01
NOTE: Payment of the above contributions is to be by BANK CHEQUE OR CASH and is to be accompanied by the attached sheet entitled " Record of Payment of Contribution" . Should the Applicant pay by personal or company cheque the plans subject to this approval will not be available for collection until such time as the cheque has been honoured (ie. a minimum of 10 days). 39. Water Supply Authority Contributions
Contribution Towards (Water and Sewer Facilities) - You are advised that Council as the supply authority shall require the payment of a developer contribution towards the provision of (Water and Sewer Facilities) required to serve the development in accordance with Division 5 Part 2 Chapter 6 of the Water Management Act 2000 as amended . The current rates of contribution applicable are as follows:
Water Supply Contributions Plan (Effective 23/07/97) The payment of a monetary contribution towards the augmentation of the headworks water supply system that services the development.
Contributions to Existing Infrastructure (Assets) No LOTs/ETs Rate $ Total $ Account No. 15 1,754 26,310 2-75000.1409.WEA01.C131
Contributions to Proposed Infrastructure (Works) No LOTs/ETs Rate $ Total $ Account No. 15 73 1,095 2-75000.1409.WPW01.C131
Sewerage Contributions Plan (Effective 23/07/97) The payment of a monetary contribution for headworks sewerage system that serves the development.
Contributions to Proposed Infrastructure (Works) No LOTs/ETs Rate $ Total $ Account No. 15 3,876 58,140 3-65000.1407.SPW01.C141
Compliance Certificate fees are as follows and shall be paid concurrently with developer contributions:-
Water - 141901-1536 $90.00 - Sewer - 141901-1536 $90.00 = $180.00
NOTE : Prior to the final release, you will need to contact Council's Technical Services Division for an inspection to ensure that Council will accept the infrastructure constructed. In response the Manager of Water and Sewer will specify requirements which will have to be met.
In the case of subdivision, the title plan of subdivision will not be certified and released by Council until the Water Management Act contributions have been paid and/or secured and the approval of the Manager of Water & Sewer has been gained for all works related to this infrastructure.
In the case of other forms of development, the Construction Certificate will not be issued until the Water Management Act contributions have been paid and/or secured and the approval of the Manager of Water & Sewer has been gained. BUILDINGS
Prescribed Conditions 40. Compliance with Building Code of Australia
All building work must be carried out in accordance with the provisions of the Building Code of Australia.
Design and Components 41. Sample Materials Details of all samples of all new external building materials and finishes, including their proposed colours, to be submitted to the satisfaction of Council prior to issue of Construction Certificate.
The development shall be completed in accordance with the Council approved detail for all external claddings and finishes. 42. Energy Efficient Housing Development shall take place in accordance with the requirements of Development Control Plan No 39. In this regard, plans, specifications and a NatHERS Certificate showing compliance with the Development Control Plan shall be submitted to the Principal Certifying Authority prior to the release of the Construction Certificate. The hot water system shall achieve at least a 3½ star rating under Development Control Plan No 39. All work shall be completed prior to occupation of the building. 43. Letter Boxes and Street Numbers - Units
Separate letter boxes and street numbers for each unit being provided adjacent to the street frontage, to meet the specification of Australia Post and Council. 44. Television Aerials - Units and Motels etc
Only one common television aerial shall be installed, to minimise visual "clutter" and maintain the amenity of the locality. 45. Fencing - Medium Density
Provision and maintenance thereafter at the developer's expense of permanent and effective screen fencing of 1.8m height timber lapped and capped fencing along the boundaries of the site as shown on Plan LDA01, to maintain the privacy of residents of the site and other properties.
T A Bly
Commissioner of the Court
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ADVISING: Council will accept a variation to this condition to reduce the height of fencing to a minimum of 1.5m subject to written agreement between affected property owners.
Fencing need not project beyond the front building line. 46. Access
The following details shall be provided to the satisfaction of Council prior to the issue of Construction Certificate. (i) Private open space - that details of wheelchair access from doorways onto private open space at decks and courtyards be provided at Construction Certificate stage to show that no step or change in level is created at thresholds.
(ii) Private open space - that no private open spaces in the courtyards for dwellings 6, 7 and 8 be increased to a minimum width of 3000mm adjoining the living areas.
(iii) Bathrooms - that the bath tub in the ground floor bathroom in dwellings 14 and 16 will be deleted and a shower provided in this location to comply with AS4299.
(iv) Pathways - that a luminescence contrast of 30% be achieved on all pathways to assist in delineation of footpath as separate from the driveway and that appropriate lighting be provided along pathways.
(v) Dish drain - that details of a continuous accessible path of travel at transition between pathway and driveway, in particular, over the dish drain be provided.
To ensure noise generated from the water pump on the adjoining western property is not a nuisance or offensive to occupants, the western windows of dwellings along the western boundary shall be double glazed. Details to be submitted to the satisfaction of Council prior to release of Construction Certificate.
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Duffmore Properties Pty Ltd
Wingecarribee Shire Council
CITATION : Duffmore Properties Pty Ltd v Wingecarribee Shire Council [2004] NSWLEC 572 APPLICANT Duffmore Properties Pty Ltd PARTIES : RESPONDENT Wingecarribee Shire Council FILE NUMBER(S) : 10237 of 2004 CORAM: Bly C KEY ISSUES: Development Application :- Demolition of existing dwelling and erection of 20 self-care dwellings - dwelling design - tree loss - neighbour impact - character of development. State Environmental Planning Policy No. 5 LEGISLATION CITED: Wingecarribee Local Environmental Plan 1989 State Environmental Planning Policy (Senior Living) CASES CITED: GPC No. 5 (Wombarra) Pty Ltd v Wollongong City Council [2003] NSWLEC 268 DATES OF HEARING: 15-16/09/2004 DATE OF JUDGMENT: 10/19/2004
35 In GPC No. 5 (Wombarra) Pty Ltd v Wollongong City Council [2003] NSWLEC 268, Roseth SC set out the planning principles for considering the issue of compatibility between a SEPP 5 development and surrounding low-density residential areas. Whilst these principles were not raised in the Statement of Issues they are nevertheless relevant and should be applied. It is also relevant to note that the proposal will have a density no greater than some of the existing nearby residential developments. Relevantly, the judgement identifies the following principles: The first principle is that buildings in a SEPP 5 development do not have to be single-storey to be compatible with the streetscape even where most existing buildings are single-storey. The principle does not apply to conservation areas where single-storey dwellings are likely to be the major reason for conservation.
The appeal was upheld; development application No. LUA03/1338 was determined by granting conditional development consent subject to the detailed conditions set out in Annexure A (see [52] and Annexure A).