Mosman Church of England Preparatory School v Warringah Council

CASES CITED: Dem Gillespies v Warringah Council [2002] NSWLEC 224 Vigor Master Pty Ltd v Warringah Shire Council [2008] NSWLEC 1128

DATES OF HEARING: 7 April 2009 and 4-5 May 2009

APPLICANT Mr P Holland (Solicitor) SOLICITOR Minter Ellison LEGAL REPRESENTATIVES:

RESPONDENT Mr S Patterson (Solicitor) SOLICITOR Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10965 of 2008 Mosman Church of England Preparatory School v Warringah Council

JUDGMENT Introduction 1 This appeal relates to a development application for various building works, earthworks and the use of Lot 139 DP 752017 being land at the southeast corner of Tooronga Road and Kallaroo Road, Terrey Hills for recreation facilities associated with the Mosman Preparatory School.

2 More particularly the proposal includes: the demolition of an existing dwelling; conversion of an existing dwelling for administration purposes and a caretaker's dwelling; construction of a facilities hall; construction of a multi-sports oval and tennis/basket ball courts; dam refurbishment; car parking facilities; and an on site effluent disposal system. Tooronga Road is to be upgraded for the length of the site by providing a 6m wide road pavement with associated shoulder, grassed swale and drainage.

3 A number of trees are to be removed for the construction of the playing fields. The entire perimeter of the site is to be landscaped with particular emphasis on the setback areas off Tooronga Road (to screen the buildings, basketball courts and car parking areas) and Kallaroo Road and around the existing dam where existing vegetation is to be supplemented by new native plantings including canopy trees and "under-planting".

4 According to the applicant's Statement of Environmental Effects: "The site will be exclusively used by Mosman Preparatory (School) to give primary school students generally aged 4-12 years old the opportunity to engage in outdoor active recreational and sporting activities. While the school is based in Mosman, it does not provide sufficient area to allow for such activities to occur on-site and accordingly, the subject site is proposed for recreational purposes." 5 The SEE also contains an Operational Management Plan that sets out the manner in which the recreation facility is to be operated. The tendered OMP (that was further amended during the hearing) particularises the activities that will take place on weekdays and Saturdays and details the noise management plan, horse awareness plan and how neighbour relations will be managed. A Facility Manager who will reside on the site will manage security.

6 Taking into account the provisions of the planning controls, the desired future character of this locality and the likely impacts on the surrounding area, this judgment concludes, that the appeal should be upheld and development consent granted. The site and the locality 7 The site has a 130 m frontage to Tooronga Road, a 200 m frontage to Kallaroo Road and an area of 2.82 ha. It has a natural fall of about 12 m toward the northwest with an average gradient of about 5%. Apart from the existing dwellings on the site there are scattered trees and vegetation mostly, but not entirely, concentrated around the dam, the northern boundary and the Kallaroo Road boundary.

8 Surrounding development comprises similar sized properties with inconspicuous fencing, that are utilised for rural residential purposes a number of which involve equestrian activities. More generally, within the locality there are a number of noteworthy activities including a gun club, riding schools, plant nurseries, a sports and tennis centre, schools, a veterinary clinic cat and dog boarding facilities and an animal pound. The Terrey Hills Village shops are located a short distance away to the east in Booralie Road. Road pavement in the area are relatively narrow. Planning controls 9 The site is subject to the provisions of the Warringah Local Environmental Plan 2000 Being situated within "Locality A2-Booralie Road", the proposal, a recreation facility, is a Category Three land use that is permissible with development consent.

10 Sub-clauses 12(2)(b) and 12(3)(b) of the LEP detail the matters that are required to be considered before consent is granted. In particular the consent authority must be satisfied that the development is consistent with any relevantly applicable general principles and state policies and that it complies with relevant requirements including development standards set out in the "Locality Statement". In addition, being a "Category Three" land use the consent authority needs to be satisfied that the development is "consistent with the desired future character" as described in the locality statement. The desired future character for the Booralie Road locality is as follows: "The Booralie Road locality will remain a non-urban area consisting of detached style housing in distinctly non-urban settings and occasionally low intensity, low impact business or community uses that are compatible with non-urban nature of the locality and predominant scale of existing development. The impact of new development on views from the adjacent National Park will be minimised by the use of articulated building forms, generous landscaped spaces around buildings and building materials that blend in with the colours and textures of the natural landscape. Emphasis will be given to protecting and where possible enhancing the natural landscape, including landforms and vegetation. The increased planting of indigenous canopy trees will be strongly encouraged." 11 In this context my attention was drawn to the note in cl 12 of the LEP that, explains: "To assist with understanding: Category One development is development that is generally consistent with the desired future character of the locality, Category Two development is development that may be consistent with the desired future character of the locality, and Category Three development is development that is generally inconsistent with the desired future character of the locality." (Emphasis added.) 12 Hence, the proposed recreation facility can, prima facie, be considered to be "generally inconsistent" with the desired future character of the locality. However, importantly, cl 12(3)(b) provides that nothing in a description on the desired future character creates a prohibition on the carrying out of development. Hence, even though it is generally inconsistent the proposal is nevertheless permissible. It is therefore plain that care needs to be taken to ensure, as required by cl 12 that the development is "consistent with the desired future character" as described in the locality statement.

13 The Built Form provisions of the desired future character statement require front, rear and side building setbacks as follows: "Development is to maintain a minimum front building set back. The minimum front building setback is 20 m. The minimum front building setback area is to be landscaped and free of any structures car parking or site facilities other than driveways, letterboxes and fences." And: "Development is to maintain minimum rear and side building setbacks. The minimum rear and side building setbacks is 10 m. The rear and side setback areas are to be landscaped and free of any structures, car parking or site facilities other than driveways and fences." 14 Also relevant are cll 43, 63 and 72 of the LEP. Clause 43 provides that "development is not to result in noise emission which would unreasonably diminish the amenity of the area..." Clause 63 requires that landscaped open space have such characteristics that the streetscape and the desired future character of the locality maintained and enhanced. Also significant site features are to be conserved.

15 Clause 72 deals with traffic access and safety and requires that vehicle access points are to be located in such a way as to minimise: traffic hazards; vehicles queuing on public roads; the number of crossings to the street; traffic and pedestrian conflict; and interference with public transport facilities. Where practical, vehicle access is to be obtained from minor streets and lanes. Having reviewed the evidence in relation to the requirements of cl 72, I am satisfied that no issue in this regard arises other than the question of the safety of horses and their riders. Advertising 16 The application was advertised and a total of 15 submissions were received (from 11 parties) who expressed general concerns that the proposal would not comply with the various requirements of the LEP. In addition concerns were expressed in relation to: o Insufficient on-site car parking and excessive traffic generation on saturdays resulting in adverse amenity impacts on this quiet rural-residential locality. o Increased traffic will also adversely affect horse-riding safety especially considering the individual characteristics of different horses and levels of ability of riders. o Removal of trees and adverse impacts associated with groundwater disturbance, stormwater run-off and effluent disposal. o Noise impacts associated with both traffic and the intensity of the proposed land use on Saturdays on especially neighbouring equestrian properties. Council officer' s report 17 The applicant submitted that the council officer's Development Application and Assessment Report should be taken into account. This report recommended that the development application be approved subject to certain conditions of consent. That report considered the requirements of the planning controls, including the "Desired Future Character Statement" for the Booralie Road Locality, particularly in relation to the requirement that development is to be "low intensity, low impact business or community uses that are compatible with [the] non urban nature of the locality".

18 The report notes that the predominant scale of existing development is characterised by rural residential land uses with generally large homes on acreage commonly with sheds and stables for horse keeping. The dominance of equestrian based development in the locality was noted. There is also a range of other horticultural or non agricultural land uses dispersed across the locality, including nurseries, schools, golf course, animal boarding, tennis and sports centre, Waratah Wildlife Park and the NSW Gun Club. In this context the report asserts that the "much larger scale existing development" should not be disregarded in describing the existing character of the locality and, in this regard "the proposal is considered to be compatible with the scale of existing development". Warringah Development Assessment Panel 19 On 27 August 2008 the Warringah Development Assessment Panel considered the recommendation of Council's Manager Development Assessment that the application be approved but decided that: "The panel does not concur with the recommendation of the Manager Development Assessment for approval at this stage. In this regard, the Panel does not feel that the applicant has satisfactorily provided information that shows that the proposed use is consistent with the low intensity, low impact use provisions of the Desired Future Character Statement for the A2 Booralie Road Locality. Accordingly the Panel recommends that the applicant be advised that the conclusions drawn above are matters that need to be overcome in the application in order for the proposed development to satisfy the provisions of the Desired Future Character in the locality statement". Council's decision 20 The application was refused by notice of determination dated 8 September 2008 for reasons mainly comprising: failure to comply with the low intensity and low impact Desired Future Character of the A2 Booralie Road Locality; and failure to comply with the general principles in the LEP in relation to noise, traffic access and safety. Contentions 21 The Statement of Facts and Contentions extends over four pages but essentially involves: o The proposed front and side setbacks of the development are inadequate and do not comply with the requirements of the LEP. As a consequence there are adverse impacts on the streetscape and the character of the area. o The additional traffic generated by the proposal will adversely affect the safety of horses and their riders. This being an area where equestrian activities are common especially on weekends. o The proposal's failure to be consistent with the desired future character statement for the A2 Booralie Road Locality that development be consistent with that of occasionally low intensity, low impact community uses that are compatible with the non-urban nature of the locality and the predominant scale of existing development, particularly in relation to the physical features of the development the number of people and vehicles generated by it and the associated amenity impacts. 22 In addition concerns were expressed that the applicant has not provided sufficient information especially in relation to traffic to enable the proper assessment of the proposal. This matter is no longer of concern given that the traffic experts have now been able to provide appropriate evidence to enable me to deal with the traffic aspects of the above issues. Landscaping and inadequate front and side setbacks? 23 The Built Form provisions of the desired future character statement as described above require front building setbacks of 20 m and side building setbacks of 10 m. The setbacks off Tooronga Road and Kallaroo Road for the basketball courts now meet the 20 m requirement. The proposed new building significantly exceeds the requirement. The existing house (proposed administration building) is set back about 16.5 m from Tooronga Road and about 9.5 m from the side boundary.

24 In relation to these setbacks I agree with Mr Brady (the applicant's town planning consultant) and find them to be satisfactory. More particularly I am satisfied that the extent to which these areas are utilised for driveways etc and the manner in which they are landscaped is an appropriate response to the desired future character's built form provisions. I certainly see no reason why the existing house that is to be retained and used for administration purposes needs to be relocated or removed.

25 More generally, it is plain that the setback requirements apply to buildings. Although the associated provisions require the "setback areas" to be landscaped, it cannot be argued that the setback requirements require the provision of 20 m and 10 m landscaped areas around the perimeter of the site. Hence suggestions that the boundaries of the site where there are no buildings must have 20 m or 10 m landscaped areas cannot be accepted.

26 Despite this I agree that it is not unreasonable to expect that, in the light of cl 63 of the LEP that requires landscaped open space that responds to the characteristics of the streetscape and the desired future character of the locality and the emphasis on landscaping in the locality statement, that substantial perimeter landscaping be provided in the interest of maintaining the non-urban setting. In this regard I note and agree with the applicant's proposal to increase the landscape buffer along Kallaroo Road to 10 m and along the rear/site boundaries of the site to 5 m.

27 As for landscaping generally, in addition to the above-mentioned requirements of cl 63 of the LEP the Booralie Road locality statement also requires the protection and enhancement of natural landscapes including the planting of indigenous canopy trees. In this regard I note that whilst some 66 trees are to be removed from the site 39 of these are non-native radiata pines. To compensate, more than 150 new indigenous canopy trees are to be planted and 152 trees are to be retained. Numerous other plantings are also proposed. The existence of significant roadside vegetation can also be taken into account here.

28 Mr Shiels (the respondent's traffic and town planning consultant) and Mr Brady disagreed as to whether there would be an adequate amount of landscaping around the boundaries of the site.

29 Having considered the landscape plan in the light of the now proposed setbacks, the tree replacement regime and bearing in mind that much of the site is occupied by playing fields, I find it to be satisfactory, also find it to be satisfactory in relation to the requirements of the locality statement. More particularly I accept that the landscaping will provide not only an appropriate setting for the proposed playing fields and buildings but will, as it matures, also provide a substantial and sufficient screening of the development. Traffic impacts on horses and their riders 30 As indicated above, resident's submissions include concerns that the traffic generated by the proposed recreational facility will adversely affect horse-riding safety in the locality. In this regard and as discussed below the facility could generate as a worst-case scenario 240 vehicle trips spread across and beyond the proposed hours of operation.

31 There was no dispute that there are a number of properties in the vicinity of the site that keep, raise and train horses for commercial and recreation purposes and that residents and others ride horses in the streets including on Saturdays. It was even suggested that Terrey Hills is a "major equestrian lifestyle suburb." Taking into account the nature of these streets Mr Shiels explained that there is potential for conflicts between horses and vehicles. This is of particular concern, as many of the drivers travelling to and from the site may not have an appreciation of safety while driving in an area frequented by horses.

32 Mr Shiels researched Victorian guidelines relating to horses and traffic and accidents between horses and vehicles in the United Kingdom and despite his limited expertise was able to conclude that safety is a real issue when opportunities for conflicts between horses and vehicles arise. This was supported by the evidence of a number of residents who have considerable experience with horses including concerns regarding the possible unpredictable behaviour of horses if startled by a motor vehicle.

33 In response the applicant commissioned Dr Martens (the applicant's traffic consultant) to carry out a survey of cars and horses. This was done between 8am and 4pm on Saturday 2 May 2009 at the intersection of Kallaroo Road and Tooronga Road. The survey revealed a total of 371 vehicle movements and 30 horse movements over the eight-hour period.

34 The school in recognizing the concerns raised by the residents has produced a "Horse Awareness Information Brochure" that can be provided to parents and others who might travel by car to this site to assist in avoiding dangerous situations.

35 Undoubtedly the additional 36 to 51 vehicles per hour on Saturdays as calculated by Dr Marten's or the up to 61 vehicles per hour suggested by Mr Shiels could have an effect on the safety of horses and their riders on Saturdays when horse riding on public streets is popular.

36 In this context the respondent says that the applicant's horse awareness brochure would not resolve these concerns. The applicant disagrees, contending that the management plan (including advice to use the Booralie Road vehicular traffic route) and the brochure will be successful in communicating warnings and advice in relation to the driver behaviour for parents and others who come to the site.

37 Having heard and the evidence of the residents I cannot but accept that safety is a real issue when opportunities for conflicts between horses and vehicles arise. However subject to certain constraints, the Booralie Road locality statement anticipates and permits a range of different land uses within the locality that could increase the number of vehicle trips in the locality. Also to be considered is, the fact that (based on Dr Martens' survey) there are some hundreds of vehicle movements occurring in the vicinity of the site on Saturdays. Plainly this development will, by increasing the number of vehicle movements in the area, increase opportunities for conflicts between horses and vehicles.

38 However, in my opinion this is not a reason to refuse this application that is one of a range of land uses that are permissible in the locality. In reaching this conclusion I have taken into account that these are public roads that both drivers and horse riders are entitled to use without unreasonable interference. Parents and others driving to the school can be expected to take proper care and drive according to the conditions. It is also reasonable to expect that, on public roads horses will be able to be properly controlled in the presence of motor vehicles.

39 In reaching this conclusion I also give weight to the management approach proposed by the school and expect that this will become progressively more effective especially for the drivers who will regularly attend the site. I nevertheless recognize that some people from other schools may not follow the recommended route of travel despite being advised to do so. To supplement this approach I have decided to impose a condition requiring the applicant, at the council's discretion, to pay for the installation of roadside signage to indicate the presence of horses. Occasionally low intensity, low impact business or community use? 40 Having considered the expert and non-expert evidence and the submissions of the advocates, it seems to me that the principal and most difficult issue in this case is whether these proposed recreation facilities comprise, within the meaning of the Booralie Road Locality's desired future character statement, an "occasionally low intensity, low impact business or community use"?

41 Whilst there was some question as to whether the proposed recreation facility comprises a "business or community use" I accept that what is proposed can be considered to be sufficiently consistent with the notion of a community use so as to fall within the requirement that it be "low intensity, low impact". Even if it were not a business or community use this is nevertheless a reasonable test to apply in the particular circumstances of this case. As for the "occasionally" requirement, even taking into account the existence of a number of business and community land uses in the Booralie Road locality, but not in the immediate vicinity of the subject site, I am satisfied that this requirement would not be infringed by the proposal.

42 Having concluded that the landscaping regime is appropriate and also accepting that the buildings themselves will have no adverse impacts it is necessary to understand the manner in which the school will utilise the proposed facilities in order to apply the "low intensity, low impact" test in the locality statement. According to the SEE: "It is envisaged that the site will be used during school terms (generally 38 weeks) from Monday to Friday between 8am and 5pm. This will involve active sports activities, fitness training, tennis, sports training and practical studies utilising the natural and low Court environment at the subject site for 50 students and four teachers each day. On a daily basis, the students will be transported to and from the site in a 20 seat ' Coaster' minibus or similar vehicle which will utilise the car parking area proposed to be constructed." 43 It was not in dispute, and I accept that these weekday activities meet the "occasionally low intensity, low impact" test. However, Mr Shiels and Mr Brady disagreed in relation to the activities that are proposed to take place on the 38 out of 52 Saturdays in each year.

44 According to the SEE: "The site will also be used on Saturday mornings between 8am and 1pm. This will generally involve cricket and basketball during the summer and rugby and soccer during the winter, which would include inter-school competition. This will involve a number of games per Saturday and comprise a maximum of 44 students, two umpires, 22 parents and 10 visitors. The facility may also be used outside of these times for recreational education and fitness purposes although this would not be intensive use." 45 The then proposed 8am to 1pm timeframe was extended to 8am to 4pm but towards the end of the hearing the applicant agreed to reduce this to 8am to 2pm.

46 The plans and show a parking area for 39 cars with separate access and egress off Tooronga Road. In addition are there are two overflow parking areas that will respectively accommodate 16 and 5 additional cars. Hence, depending upon demand a total of 60 car parking spaces could be utilised.

47 In the traffic engineers' joint report Dr Martens analyses the peak population likely to be in attendance on a winter Saturday and, relying on school advice that the main activity involves two consecutive rugby games. He also assumed a certain level of car sharing for the attending children. He thus calculated that traffic generation; based on assumptions from school advice and the monitoring of another existing similar sports facility would, at peak times, be between 36 and 51 vehicles per hour.

48 On the basis of each student being separately driven to the site, Mr Shiels believed that this would increase the traffic generation to up to 61 vehicles per hour. He also argued that on some occasions the total site population could be around 100 persons. Dr Martens accepted that this might be possible but was of the opinion that 61 vehicles per hour is excessive. They agreed that the surrounding streets could accommodate the additional traffic although Mr Shiels was concerned as to their narrowness.

49 As for traffic generation I prefer the evidence of Dr Martens, accepting as I do the evidence of the school in relation to car sharing. I am also satisfied that the provision of 60 on-site parking spaces will comfortably accommodate the parking demand generated by the likely attendances on Saturdays and that with appropriate management and taking into account the convenient access to the parking spaces and their proximity to the playing areas, on-street parking is unlikely.

50 Regarding the total site population the respondent seeks a condition of consent that limits the number of people on the site at any one time to 80 persons apparently relying on the SEE that refers to a total of 78 persons. The applicant says that it would accept a limit of 100 persons. Here I agree with the respondent and would impose the lower limit that is consistent with the SEE, but allow a one-year trial period for the higher number to enable an assessment of any impacts.

51 During the hearing the Court was advised that there would be three rather than two consecutive rugby games on winter Saturdays. I understand that this does not change the above analyses other than there being two rather than one change over period when peak site population and traffic generation are likely to occur. These peak traffic times can be distinguished from the peak traffic times before the first game in the morning and the last game later in the morning.

52 In this context I note that the original application was for 8 am to 1 pm on Saturdays. As submitted by the respondent there was no evidence that sport will extend to the now sought later finishing time of 2pm. In the circumstances I have decided that as with the proposed trial period for the number of people on site, the 1 p.m. finishing time should be imposed with a 2pm finishing time being available for a one-year trial period.

53 In the town planners' joint report Mr Shiels argued that the proposed development that provides 60 on-site parking spaces and where around 100 people could be in attendance would be a "major disruption" to the existing amenity of the local area. Hence this is not a land use that can be described as being "low intensity, low impact". He reached this conclusion taking into account that these circumstances will only occur at various times between 8am and 2pm on 38 Saturdays each year. In reaching his conclusions Mr Shiels also said that the character of development in the immediate locality should inform the interpretation of "low impact and low intensity".

54 Mr Brady disagreed; pointing out that in applying the "low intensity, low impact" test, consideration of the totality of the proposed land use, not just on Saturdays from just before 8am until just after 2pm is required. Relevantly, the site is not used at nights or on Sundays and weekday use is low impact. He also explained that, taking into account the existing and proposed landscaping that there would be few opportunities for views into the site and (as confirmed by the acoustic experts Mr S. Cooper and Mr B Clarke), noise levels will be consistent with the relevantly applicable Environment Protection Authority criteria (subject to the agreed controls in relation to the use of sirens, starting guns and the like).

55 In order to assist my understanding of the LEP requirement that the development be consistent with the desired future character of the broadly locality and comprise a low intensity, low impact community use, I was referred to several relevant decisions of the Court. In Dem Gillespies v Warringah Council [2002] NSWLEC 224 Bignold J. held (at 61-90) that cl 12(3)(b) of the LEP, being a condition precedent to the granting of development consent, requires that the consent authority be satisfied that the development "is consistent with the desired future character". He further held that the meaning of the word "consistent" in cl 12 of the LEP has its ordinary and natural meaning as for example referred to in the Macquarie dictionary: "agreeing or accordance; compatible; not so opposed or self contradictory; consistently adhering to the same principles; course etc". His honour. also concluded that the true meaning of "desired future character" in the Booralie Road locality statement is reasonably clear and that it refers to both the existing character of the locality and its future character "will remain a non-urban area consisting of houses in distinctly non-urban settings…"

56 In Vigor Master Pty Ltd v Warringah Shire Council [2008] NSWLEC 1128 an appeal involving land subject to the desired future character statement for Locality C8 - Belrose, Hussey C (at 17-29) acknowledged the approach of the council town planning witness in relation to the terms "intensity" and "impact": "Intensity - is commonly used to identify the nature of the proposal in terms of its size and scale and the extent of the activities associated with the proposal. Therefore "low intensity" would constitute a development which has a low level of activities associated with it Impact - is commonly used in planning assessment to identify the likely future consequences of proposed development in terms of its surroundings and can relate to visual, noise, traffic, vegetation, streetscape privacy, solar access etc. Therefore ' low impact' would constitute a magnitude of impacts such that was minimal, minor or negligible level and unlikely to significantly change the amenity of the locality." 57 The likely highest-level intensity of this development, taking into account the extent of activities described above will undoubtedly occur on Saturdays. This intensity manifests itself in two ways: the number of people and vehicles on the site; and the amount of traffic in the locality. Plainly, taking into account the nature of surrounding development, being predominantly rural-residential, what is proposed on Saturdays is not low intensity. The impacts associated with these activities will variously impact on the surrounding area. I have already referred to the satisfactory landscaping proposal and the extent to which on-site activities will be screened from the public domain and from neighbouring properties and have no concerns in this regard. Also relevant here is the fact that the acoustic experts have agreed that there will be no external noise impacts. I have also described the traffic that will be generated by this development on Saturdays and this traffic (which according to the respondent the number of vehicle trips could be as many as 240) will be apparent and will undoubtedly affect the amenity of the locality as well as (as discussed below) affecting the use of some local roads by riders of horses. These impacts are certainly not minor or negligible and the respondent submits that these impacts are unacceptable and are not consistent with the desired future character of the Booralie Road Locality.

58 In response the applicant submits that the intensity and impact considerations need to occur in the light of the fact that the site will be used for "generally 38 weeks" each year. The now proposed maximum of 41 Saturdays out of 365 days each year does not equate to an exceedence of the low intensity, low impact requirement. This is especially so considering that this is not a homogenous locality taking into account the various other existing land uses and the numerous recently approved non-residential developments in the locality. More generally it is reasonable to assume that, subject to the desired future character test that the whole range of permissible land uses could occur in the Booralie Road Locality and that some form of change can be anticipated.

59 In my opinion the applicant's approach to this question is correct. Whilst I accept that, for the purposes of the low intensity, low impact requirement, on Saturdays until 1 pm or 2 pm the proposal may not meet this requirement, such an approach would constitute an unreasonable and unnecessarily restricted interpretation of the test. A more balanced approach is required taking into account that on weekdays during school terms the proposal meets the requirement and there will be no activity (except perhaps for the maintenance of the grounds etc) at all during school holidays, public holidays, at night or on Sundays.

60 In this same context it is important to remember that the Booralie Road Locality contains a number of other non-residential traffic generating developments some of which operate over much longer periods of time. This is one element of the existing character that is relevant to the assessment of compatibility. Moreover as already recognized the Booralie Road Locality Statement anticipates by reference to compatible business or community uses and listing a number of non-residential land uses that are permissible with development consent, some change can be anticipated. Whilst the future character will consist of houses in a non-urban setting, that setting does and will continue to include such non-residential land uses. Conclusion 61 Whilst the proposed recreation facilities will undoubtedly have some impacts I am satisfied that the requirements of the LEP are met. In particular I have been persuaded that the development is relevantly consistent with the Booralie Road character statement. Similarly, having reviewed the application more generally I am also satisfied that on its merits the proposal warrants approval. I have therefore decided to uphold the appeal and grant conditional development consent. Conditions 62 Following the hearing the court was provided with a revised set of conditions and operation management plan. The conditions are annotated so as to indicate those conditions in dispute together with each party's explanations for the disagreement. 63 Deferred commencement condition 2a requires a 12 month trial period for the entire use on the basis of an uncertainty as to the impact of the development. I have decided not to impose this condition because I agree with the applicant that it would not be financially viable to do so but more importantly I have decided, taking into account likely impacts, that consent should be granted. Despite this I have decided that the component of the condition that requires a complaints register should be retained on an ongoing basis and this is to be incorporated into the operation management plan.

64 Condition 2 contains various requirements for the modification of the operation management plan. Condition 2a Section 7 is to be modified as discussed above to restrict use on Saturdays between 8 am and 1 pm with a 12-month trial period for between 8 am and 2 pm. Similarly a trial period is provided to allow the maximum of 80 people to be extended to a maximum of 100 people on site. I agree with the applicant that the typical daily timetables do not need to be amended in these circumstances.

65 Condition 2b Section 9.5 and Condition 2c Section 9.6 require a time period of 30 minutes between games so as to spread the associated traffic impact and to limit to two the number of football games on Saturdays. I agree that the changeover time period is a reasonable requirement but see no reason why there should be a limit on the number of football games.

66 Condition 2d Appendix E requires the provision of details of permanent equipment on the site and the rugby field layout is being amended to reflect the maximum size rugby field that a primary school rugby match would require. I agree with these changes.

67 Condition 5 Landscape Screen Planting requires the provision of 10 m wide landscaping buffers along the east west and south boundaries of the site. The applicant proposes a 10 m wide buffer along the western side (Kallaroo Road) but not along the eastern and southern boundaries. For reasons discussed above I find the applicant's proposal to be sufficient.

68 Condition 75 deals with the use of the hall building as a wet weather area and for indoor recreation sports and the like. The applicant seeks to amend the condition to allow informal activities such as art and craft to take place during wet weather. This is a reasonable request. The applicant also seeks to be able to be use the hall for social events private functions meetings and the like with the prior approval of the council. This is an entirely different use and requires a different consideration than has occurred during the hearing. It is thus not included.

69 Condition 82 Maximum number of people on site, limits the number of people on site to no more than 80 people. This condition is unnecessary because it is covered in the OMP that is part of the consent and is therefore deleted.

70 Finally, the OMP is amended to require the communication of the horse management plan to persons who might drive to the facility. Orders 71 The orders of the Court are therefore: 1. The appeal is upheld. 2. The development application for various building works, earthworks and the use of Lot 139 DP 752017 being land at the southeast corner of Tooronga Road and Kallaroo Road, Terrey Hills for recreation facilities associated with the Mosman Preparatory School is approved subject to the conditions in Annexure A and the Operation Management Plan in Annexure B. 3. Exhibits N, Q (final operation management plan) and 14 (annotated conditions) are retained.

      T A Bly
      Commissioner of the Court
      ljr

Annexure 'A' Conditions of Consent MOSMAN CHURCH OF ENGLAND PREPARATORY SCHOOL -v- WARRINGAH COUNCIL

This consent shall not operate until the following deferred commencement conditions have been satisfied:

1. Stormwater Drainage Design (Deferred Commencement Condition) a) Plans indicating all engineering details relevant to the site regarding the collection and disposal of stormwater from the site, buildings, and adjacent areas including on-site detention, shall be submitted to Council for written approval. Stormwater shall be conveyed by gravity from the site via a level spreader below the existing dam to the unconstructed crown road. All proposals shall be in accordance with Warringah Council's Stormwater Drainage Design Guidelines for Minor Developments.

b) Evidence required to satisfy these conditions must be submitted to Council within 12 (twelve) months of the date of this consent, or the consent will lapse in accordance with Section 95 of the Environmental Planning and Assessment Regulation.

Reason: To ensure adequate provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties.

1. Approved Plans And Supporting Documentation The development is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council's stamp, except where amended by other conditions of consent:

Drawing Reference Dated Prepared By Drawing No. DA1200, Site and Ground Floor Plan, revision L 8 April 2008 Gardner Wetherill & Associations Drawing No. DA1500, Elevations and Sections, revision F 8 April 2007 Gardner Wetherill & Associations Landscape Masterplan, revision N April 2009 McGregor & Partners

Document Reference Dated Prepared By Landscape Architecture Development Application Report, Revision G 12 December 2007 Mcgregor + Partners Vegetation Management Plan December 2007 Conacher Travers Traffic and Parking Assessment, Version 3 April 2008 Martens Consulting Engineers Construction Management Plan 19 December 2007 Connell Wagner Operation Management Plan 11 May 2009 Mosman Church of England Preparatory School Acoustic Report, Version C November 2008 Wilkinson Murray Pty Limited

No construction works (including excavation) shall be undertaken prior to the release of the Construction Certificate.

Note: Further information on Construction Certificates can be obtained by contacting Council's Call Centre on 9942 2111, Council's website or at the Planning and Assessment Counter.

Reason: To ensure the work is carried out in accordance with the determination of Council and approved plans. (DACGBapasd)

Conditions to be satisfied prior to the issue of the construction certificate

The use of the site on Saturdays is limited to a trial period of 12 months commencing from the date of the issue of the Occupation Certificate.

Prior to the expiry of the 12 month period, a s96 modification application is to be lodged for the continuation the Saturday use of the site should the applicant wish to continue using the site on Saturdays.

If the modification application is lodged prior to the expiration of the 12 months, the Saturday use may continue to operate until the modification application is determined by the consent authority.

Throughout the 12 month trial period, a complaints register is to be maintained by Mosman Preparatory School and should include the following information:

a) name of complainant b) address of complainant c) date and time of complaint d) nature of complaint e) response by school to the complaint

The complaints register is to be provided to the consent authority upon request and is to accompany any modification application.

2. Operations Management Plan The draft Operations Management Plan ("OMP") dated 11 May 2009 is to be amended to include the following: a. Section 7 The following is to be added: The Saturday hours of 8am to 1pm are extended to 8am to 3pm for a trial period of 12 months only. Any proposal to permanently extend these hours will require the approval of the Council.

The reference to "Saturdays 8am to 2pm" is deleted and replaced with "Saturdays 8am to 1pm."

A further paragraph shall be added as follows after the third paragraph:

"At any one time, there shall never be more than 80 people on the site including students, parents, spectators, staff and any other person".

This number can be increased to 100 for a trial period of 12 months only from the date of the Occupation Certificate. Any proposal to permanently increase the number to 100 will require the approval of the Council.

b. Section 9.5 Basketball A further dot point shall be added as follows: - Time between end of one game and commencement of next: 30 mins

c. Section 9.6 Football A further dot point shall be added as follows: - Time between end of one game and commencement of next: 30 mins Rugby A further dot point shall be added as follows: - Time between end of one game and commencement of next: 30 mins d. Appendix E These plans shall be amended to include details of the location of any permanent equipment/exercise bars/picnic tables/spectator seats and the like. The indicative Rugby field layout shall be amended to reflect the maximum size rugby field that a primary school rugby match would require.

3. Submission of Detailed Landscape Plans Prior to the issue of the Construction Certificate, detailed revised Landscape Plans are to be submitted to the Certifying Authority for approval incorporating the requirements of the other landscape conditions of this consent. The plans are to include only the use of local native species in screen planting and garden planted areas. The planting buffer indicated along the Tooronga Road and Kallaroo frontages of the site is to be planted generally in accordance with the following rates: - Canopy Trees = 12.5 per 25 m2 (0.5/m2) - (27 litre pots) - Shrubs = 25 per 25 m2 (1/m2) - (20 litre pots) - Grasses, groundcovers, etc = 100/25 m2 (4/m2) - (tube stock) Any plants that do not survive or are badly disease damaged during the first 24 months after planting are to be replaced.

Reason: To ensure compliance with Council's Local Habitat Strategy

4. Landscaping Plants All plants used in the landscaping for this development must be from native seed and cuttings collected from the locality. No Grevillea or Banksia hybrids are to be used in the landscaping for this development. Silvertop Ash and Brown Stringybark are to be included in a balanced proportion with the selection of other local native canopy trees used for tree planting.

An appointed and qualified project ecologist is to certify in writing to the PCA that this condition has been complied with and provide a copy of the certification to Warringah Council prior to completion of landscaping works. Reason: To ensure compliance with Council's Local Habitat Strategy 5. Landscape Screen Planting The plans listed in condition 1 are to be amended to provided: a) A 5 metre wide landscaping buffer (as wide as practicable) along the eastern side boundary to provide a dense vegetation screen to Lot 47 DP 752047 b) A 10.0 metre wide landscaping buffer (as wide as practicable) along the western side boundary to provide a dense vegetation screen to Kallaroo Rd c) A 5 metre wide landscaping buffer (as wide as practicable) along the southern side boundary to provide a dense vegetation screen to the adjoining property Lot 103 DP 752017. All plants are to be native species and to include tree and shrubs endemic to the area. Trees are to be planted in a double width and offset pattern to ensure an interlocking canopy. Details are to be included on the Landscape plans to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate in accordance with the following rates: - Canopy Trees = 12.5 per 25 m2 (0.5/m2) - (27 litre pots) - Shrubs = 25 per 25 m2 (1/m2) - (20 litre pots) - Grasses, groundcovers, etc = 100/25 m2 (4/m2) - (tube stock) Any plants that do not survive or are badly disease damaged during the first 24 months after planting are to be replaced.

Reason: To screen the site activity and from neighbouring rural residential land use and provide a landscaped buffer to protect and enhance amenity to adjoining private property and the public road . 6. Building Code of Australia

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Dwelling Demolition The dwelling in the north western corner of the site adjacent Kallaroo Road is to be demolished and this area replaced with dense screen native tree planting in accordance with the approved landscaping plan. Details to be included on the landscape plans to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate. Reason: To remove the dwelling in accordance with the approved plans.

Fencing The section of the eastern boundary of the site from Tooronga Road along the road reserve boundary adjacent to the Nalbandian property (Lot 47 DP 752047) up to the southern boundary of the overflow carpark is to be 1.8m capped and lapped timber fencing as shown on the landscaping plan. Only rural style fencing is to be used for the remainder of the perimeter of the site and this should be post and rail (ranch style) or post and wire mesh not higher than 1.5 metres. Any wire netting on the perimeter fence shall have a 15cm gap at ground level to allow wildlife to migrate under the fenceline and utilise the landscape buffer. Details to be included on the plans to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate. Reason: To maintain the rural appearance of the streetscape and border fencing and to facilitate the free movement of wildlife.

Sydney Water Approval The land is not on the Sydney sewer system however the approved consent plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's rural water mains or easements, and if further requirements need to be met. Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for: - Quick Check agents details - see Building Developing and Plumbing then Quick Check; and - Guidelines for Building/over Adjacent to Sydney Water Assets - see Building Developing and Plumbing then Building and Renovating

The Certifying Authority must ensure that a Quick Check agent/ Sydney Water has appropriately stamped the plans prior to the issue of any Construction Certificate.

Reason : To ensure compliance with the statutory requirements of Sydney Water. (DACECswa)

Acceptable form of Security Bonds Council will accept a bank guarantee in lieu of cash for the purpose of any security bond imposed by these conditions of consent. Such bank guarantee shall be in a form acceptable to Council and shall not have an expiry date. The bank guarantee shall be in place prior to the issuing of any Construction Certificate and shall remain in place until the submission of the Final Occupation certificate or termination of any maintenance period.

Reason: Information, Protection of infrastructure and the environment.

Sediment Control Where construction or excavation activity requires the disturbance of the soil surface and existing vegetation, details including plans and specifications shall be submitted to Council / Accredited Certifier accompanying the Construction Certificate, which provide adequate measures for erosion and sediment control. As a minimum, control techniques are to be in accordance with Soils and Construction Manual Volume 1 - Managing Urban Stormwater, or a suitable and effective alternative method. The Control Plan shall incorporate and disclose: (a) All details of drainage to protect and drain the site during the construction processes; (b) All sediment control devices, barriers and the like; (c) Sedimentation tanks, ponds or the like; (d) Covering materials and methods; (e) A schedule and programme of the sequence of the sediment and erosion control works or devices to be installed and maintained. Details from an appropriately qualified person showing that these design requirements have been met shall be submitted with the Construction Certificate and approved by the Council / Accredited Certifier prior to issuing of the Construction Certificate.

Reason: To protect the environment from the effects of sedimentation and erosion from development sites.

Vehicle Crossings Application - Formwork Inspection An application for street levels and payment of the associated fee shall be made with Council. This application includes the approval and all Council inspections relating to the driveway construction and the associated fee must be paid prior to the issue of the Construction Certificate.

Reason: To facilitate suitable vehicular access to private property.

Bond for Construction, Excavation and Associated Works A bond of $10,000 shall be deposited with Council prior to the issue of the Construction Certificate as security against damage to Council's road(s) fronting the site caused by the transport and disposal of materials and equipment to and from the site.

Reason: To ensure adequate protection to Council infrastructure.

Bond for Engineering Construction Works - Road Pavement A Bond of $40,000 shall be deposited with Council prior to the issue of the Construction Certificate against any damage or failure to complete the construction of road pavement/shoulder reconstruction works as part of this consent.

Reason: To ensure appropriate security for works on public land and an appropriate quality for new public infrastructure. 15. Submission of Engineering Plans for Civil Works in the Public Road Reserve Prior to the issue of the Construction Certificate, engineering plans are to be submitted to Council for approval under the provisions of Section 138 of the Roads Act 1993. The submission is to include four (4) copies of Civil Engineering plans for the design of road construction and associated drainage works in Tooronga Road from Kallaroo Road to the eastern boundary of subject site. The works are to be generally in accordance the concept road layout plans by Martens & Associates No.P0601498JD05_V7_S12 submitted with the Development Application and Council's specification for engineering works - AUS-SPEC #1 and or Council's Minor Works Specification. The fee associated with the assessment and approval of the plans is to be in accordance with Council's Fees and Charges.

Reason: To ensure compliance with Council's specification for engineering works . 16. Bond for Silt and Sediment Control The payment of $10,000 shall be deposited with Council prior to the issue of the Construction Certificate as security to ensure that there is no transmission of material, soil etc off the site and onto the public road and/or drainage systems.

Reason: To ensure appropriate security against environmental damage.

Development/Construction Security Bond A bond (determined from cost of works) of $2000 must be deposited with Council and an inspection fee paid of $200 prior to the issue of any Construction Certificate. This bond is to ensure the rectification of any damage that may occur to the Council infrastructure contained within the road reserve adjoining the site as a result of construction or the transportation of materials and equipment to and from the development site.

Reason: To ensure adequate protection to Council infrastructure.

Design for Access & Mobility The development must be designed to comply with the requirements of the Disability Discrimination Act 1992 and Australian Standard AS1428.2-1992 Design for Access and Mobility - Enhanced and additional requirements - Buildings and facilities. Details demonstrating compliance are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason: To ensure equitable access to members of the community to all public facilities.

Long Service Levy Payment of the Long Service Levy is required prior to the release of the Construction Certificate. This payment can be made at Council or to the Long Services Payments Corporation. Payment is not required where the value of the works is less than $25,000. The Long Service Levy is calculated on 0.35% of the building and construction work.

The levy rate and level in which it applies is subject to legislative change. The applicable fee at the time of payment of the Long Service Levy will apply. Reason: Prescribed - Statutory.

Parking for People with Disabilities Of the required number of car parking spaces at least one car-parking space must be provided for use by persons with a disability.

The car parking spaces and access from the car parking spaces to other areas within the building are to comply with the Disability Discrimination Act 1992 and Australian/New Zealand Standard AS/NZS 2890.1:2004 Parking facilities Part 1: Off-street car parking and the relevant provisions of Australian Standard AS 1428.2-1992 Design for Access and Mobility - Enhanced and additional requirements - Buildings and facilities. Details demonstrating compliance with these requirements are to be submitted prior to the issue of the Construction Certificate.

Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation

Section 94A Contribution $6,875.00 is to be paid to Warringah Council as a Section 94A levy prior to the issue of the Construction Certificate. This amount has been calculated using the Warringah Section 94A Development Contributions Plan. The amount will be adjusted at the time of payment according to the quarterly CPI (Sydney - All Groups Index). Please ensure that you provide details of this Consent when paying contributions so that they can be easily recalculated.

Warringah Section 94A Development Contributions Plan

Contribution based on total development cost of $687,500.00

Contribution - all parts Warringah Levy Rate Contribution PayableCouncil Code Total S94A Levy 0.95% $6,531.006923 S94A Planning and Administration 0.05% $344.006924 Total 1.0% $6,875.00

Reason: To retain a level of service for the existing population and to provide the same level of service for the population resulting from new development.

High Quality Lighting External lighting is to be provided for security that complies with the relevant Australian Standard. Details are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Note: The following Australian Standard at the time of determination: - Australian Standard AS4282 - 1997 Control of the obtrusive effects of outdoor lighting.

Reason: To ensure lighting provides security and amenity.

Driveway widths The widths of the proposed driveways/bridges on Tooronga Road are to be suitable to accommodate the proposed 16 seat mini bus. Details to be included on the Construction Certificate plans to the satisfaction of the Certifying Authority prior to the issue of the Construction Certificate. Reason: Vehicle access

Design, construction and fit out The design construction and fit out of the kitchen shall comply with the NSW Food Act 2003, Food Regulation 2004 , Food Standards Code and Australian Standard AS 4674 - 2004 - 'Design, Construction and fit-out of food premises". Such details are to be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate.

Reason: To ensure compliance with the Australian Food Standards Code.

Approval of the On-site Sewage Management System This approval does not authorise the installation or operation of an on-site wastewater management system. The applicant must complete an 'Approval to Install an On Site Sewage Management System' form which can be obtained by contacting Council's Customer Service and submit the required information detailed within the form. If approval to install is granted by Council, the occupier must then complete an 'Approval to Operate an On Site Sewage Management System' prior to use of the system, which can be obtained on Council's website at: http://www.warringah.nsw.gov.au/paas_online_forms.htm or by contacting Council's Customer Service. Reason: To protect public health and the environment from pollution from sewage .

Approval to Operate the On-site Sewage Management System Once approval to install has been granted by Council, the owner must complete and submit an 'Approval to Operate an On Site Sewage Management System' form, which can be obtained on Council's website at: http://www.warringah.nsw.gov.au/paas_online_forms.htm or by contacting Council's Customer Service. Reason: Requirement under Section 68 of the Local Government Act 1993.

Conditions that must be addressed prior to any commencement

Public Liability Insurance - Works on Public Land Any person or contractor undertaking works on public land must take out Public Risk Insurance with a minimum cover of $10 million in relation to the occupation of, and approved works within Council's road reserve or public land, as approved in this consent. The Policy is to note, and provide protection for Warringah Council, as an interested party and a copy of the Policy must be submitted to Council prior to commencement of the works. The Policy must be valid for the entire period that the works are being undertaken on public land.

Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land

Road Opening Permit The developer/applicant is to obtain a "Road Opening Permit" from Council and pay all appropriate charges prior to commencement of any work on Council property. The developer/applicant shall be responsible for all public utilities and services in the area of the work, and as such shall notify all relevant Authorities, and bear all costs associated with any repairs and/or adjustments as those Authorities may deem necessary.

Notice of Commencement At least 2 days prior to work commencing on site Council must be informed, by the submission of a Notice of Commencement in Accordance with Section 81A of the Environmental Planning and Assessment Act 1979 of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence.

Reason: Legislative requirement for the naming of the PCA.

Project Ecologist Prior to any work being undertaken on site a Project Ecologist is to be employed for the duration of the construction work to ensure all bushland protection measures are carried out according to the conditions of consent. The Project Ecologist will provide certification that conditions relating to the Vegetation Management Plan prepared by Conacher Travers and dated December 2007 are carried out. The Project Ecologist will provide this certification to the PCA and copies to Warringah Council. The Project Ecologist is to be vegetation management specialist and to have at least 4 years experience in the management of native bushland in the Sydney region and have at least a TAFE Certificate III in Bush Regeneration or Conservation and Land Management - Natural Area restoration.

Site Sign (1) A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out: (a) stating that unauthorised entry to the work site is prohibited;

(b) showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

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

(2) Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.

(3) This condition does not apply to building works being carried out inside an existing building.

Toilets Toilet facilities are to be provided, satisfactory to NSW health regulations at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Reason: To ensure adequate facilities are provided for workers on the site

Protection of Trees During Works All trees that are to be specifically nominated to be retained by notation or condition as a requirement of development consent shall be maintained and protected during demolition, excavation and construction on the site. Details of required protection methods shall be provided to the Certifying Authority by an appropriately qualified person prior to commencement of any works on the site.

Reason : To ensure compliance with the requirement to retain significant planting on the site.

Conditions that must be complied with during demolition and building work

Construction Management Construction work is to be carried out in accordance with submitted Construction Management Plan by Connell Wagner dated 19 December 2007 subject to the conditions of this consent. Reason : To maintain best practice environmental and site management of the site during building and demolition work.

Applicant's response: The Applicant agrees with the proposed condition.

Vegetation Management Vegetation management and pest control is to be carried out in accordance with the submitted Vegetation Management Plan by Conacher Travers dated December 2007 subject to the conditions of this consent.

Reason : To ensure vegetation is managed in a sustainable manner for rural amenity.

Civil Works This consent does not authorise any access or civil works to be carried out on adjacent private land. Any works activity within the adjacent unmade road reserve (along the eastern boundary) will require consent from the NSW Department of Lands.

Reason: To ensure works do not inadvertently encroach onto neighbouring land.

External Finishes External finishes and colours are to be in accordance with the submitted Colours and Materials Schedule by Gardner Wetherill dated 23/11/07.

Reason: To ensure minimum impacts from glare and reflection in accordance with desired future character of the Locality.

Imported Fill All fill imported onto the site shall be validated to ensure the imported fill is suitable for the proposed land use. Fill imported onto the site shall also be compatible with the existing soil characteristic for site drainage purposes.

Council may require details of appropriate validation of imported fill material at any time. All fill imported onto the site shall be validated by either one or both of the following methods: - Imported fill should be accompanied by documentation from the supplier which certifies that the material is not contaminated based upon analyses of the material for the known past history of the site where the material is obtained; and/or - Sampling and analysis of the fill material should be conducted in accordance with the Environment Protection Authority's Contaminated Sites: Sampling Design Guidelines (1995) to ensure that the material is not contaminated.

Reason : To ensure that imported fill is of an acceptable standard. 39. Deleted

Dam Reconstruction Dam reconstruction work and repairs are to be carried out in accordance with the work method statement prepared by Martens Consulting Engineers dated 17/8/08 Reason : To ensure dam works are carried out in a controlled manner with minimal impact to adjoining land.

Applicant's Cost of Work on Council Property The applicant shall bear the cost of all works associated with the development that occurs on Council's property.

Reason: To ensure the proper management of public land.

Civil Works Supervision All civil works approved in the Construction Certificate are to be supervised by an appropriately qualified and practising Civil Engineer.

Reason: To ensure compliance of civil works with Council's specification for engineering works.

Installation and Maintenance of Sediment Control Techniques used for erosion and sediment control on building sites are to be adequately maintained at all times and must be installed in accordance with Soils and Construction Manual Volume 1 - Managing Urban Stormwater. All techniques shall remain in proper operation until all development activities have been completed and the site fully stabilised.

Reason: To protect the environment from the effects of sedimentation and erosion from development sites.

Maintenance of Road Reserve The public footways and roadways adjacent to the site shall be maintained in a safe condition at all times during the course of the work.

Silt & Sediment Control Provision shall be made throughout the period of demolition / Excavation & Construction to prevent transmission of soil to the public road and drainage system by vehicles leaving the site.

Reason: To avoid siltation to adjoining properties and waterways.

Traffic Control During Road Works Lighting, fencing, traffic control and advanced warning signs shall be provided for the protection of the works and for the safety and convenience of the public and others in accordance with Council's Minor Works Specification and to the satisfaction of the Principal Certifying Authority. Traffic movement in both directions on public roads, and vehicular access to private properties is to be maintained at all times during the works.

Vehicle Crossings The provision of 4 piped vehicle crossings, 3 of 6 metres wide and 1 of 4 metres wide in accordance with Warringah Council Drawing No A4-3330/ Normal and specifications. An Authorised Vehicle Crossing Contractor shall construct the vehicle crossing and associated works within the road reserve in plain concrete. All redundant laybacks and crossings are to be restored to footpath/grass. Prior to the pouring of concrete, the vehicle crossing is to be inspected by Council and a satisfactory "Vehicle Crossing Inspection" card issued.

For details see Warringah Council's website or phone (02) 9942 2111.

Reason: To facilitate suitable vehicular access to private property.

Aboriginal Heritage If in undertaking excavations or works, any Aboriginal site or object is, or is thought to have been found, all works are to cease immediately and the applicant is to contact the Aboriginal Heritage Officer for Warringah Council, and the Cultural Heritage Division of the Department of Environment and Climate Change (DECC).

Any work to a site that is discovered to be the location of an Aboriginal object, within the meaning of the National Parks and Wildlife Act 1974, requires a permit from the Director of the DECC.

Fauna and Tree Hollow re-location During vegetation clearance for Asset Protection Zones and construction operations the Project ecologist is to be present to re-locate any displaced fauna that may be disturbed during this activity.

Tree hollows are to be salvaged from trees within the development area and placed within the Conservation Areas within the Lots. This is to be done by a qualified and experienced arborist, under the direction of the Project Ecologist.

The Project ecologist is to certify in writing to the PCA that this condition has been complied with and provide a copy immediately to Warringah Council.

Weeds No noxious or environmental weeds, as listed on Warringah Councils website are to be imported on to the site.

Any noxious weeds or environmental weeds on the site are to be managed continuously, in accordance with the Vegetation Management Plan prepared by Conacher Travers dated December 2007 for this development.

Health and Safety The work undertaken must satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements. Reason: To ensure the health and safety of the community and workers on the site.

Removing, Handling and Disposing of Asbestos Any works involving asbestos based products in relation to removal, handling and disposing of material must be undertaken in accordance with all relevant Acts, Regulations, Guides and Codes.

Note: The following standards applied at the time of determination: * Code of Practice for the Safe Removal of Asbestos [NOHSC:2002 (1998)] and * Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1998)] Reason : To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily. 53. Requirement to notify about new contamination evidence Any new information revealed during demolition works that has the potential to alter previous conclusions about site contamination or hazardous materials shall be immediately notified to the Council and the Principal Certifying Authority. Reason: To protect human health and the environment.

Protection of Trees The following tree/trees are required to be retained as part of the development consent.

All trees which are not listed as exempt or noxious in Warringah that are not indicated for removal on Site & Ground Plan Drawing No. DA1200 Rev K prepared by Gardener Wetherill & Associates dated 23.11.07 are to be protected. Reason : Protection of existing environmental infrastructure and community assets.

Tree Pruning Any tree pruning necessary for construction shall be carried out under the supervision of an appropriately qualified Arborist and be in accordance with the relevant Australian Standards.

Note: The following Australian Standard applied at the time of determination: - Australian Standard AS 4373.2007 - Pruning of Amenity Trees. Reason : To ensure protection and longevity of existing trees.

Trees (1) Tree roots of 50mm or greater in diameter encountered during excavation, shall only be cut following consultation with a qualified Arborist. Tree roots between 10mm and 50mm in diameter, severed during excavation, shall be cut cleanly by hand.

(2) Underground services should use common trenches as far away from tree roots as possible. If the services need to be run within the protection zone, all utility pipes are to be laid using appropriate directional boring techniques. Directional Boring shall be carried out at least 600mm beneath natural ground to avoid damage to tree/trees root system. Entry and exit points are to be located outside the protected area. No tree roots are to be severed, or damaged during this work. Should problems arise, work is to cease until those problems are resolved and confirmed in writing by Council's Tree Management Officer.

(3) All new overhead utility services are to be located outside the canopies of existing trees.

(4) The following guidelines are to be complied with at all times: 1. The applicant shall ensure that at all times during the development period no activities, storage or disposal of materials shall take place beneath the canopy of any tree covered under Council's Tree Preservation Order unless specifically approved by Council. 2. Trees marked for retention are not to be damaged or used to display signage, or as fence or cable supports for any reason. 3. Siting of sheds, stockpiles and vehicle parking should be sited so that they are remote from trees. 4. Site personnel are to be made aware of tree requirements and protective measures. Paving materials placed within the dripline of any tree should be of a porous material.

(5) During the construction period the applicant is responsible for ensuring all protected trees are maintained in a healthy and vigorous condition. This is to be done by ensuring that all identified tree protection measures are adhered to. In this regard all protected plants on this site shall not exhibit: 5. A general decline in health and vigour. 6. Damaged, crushed or dying roots due to poor pruning techniques. 7. More than 10% loss or dieback of roots, branches and foliage. 8. Mechanical damage or bruising of bark and timber of roots, trunk and branches. 9. Yellowing of foliage or a thinning of the canopy untypical of its species. 10. An increase in the amount of deadwood not associated with normal growth. 11. An increase in kino or gum exudation. 12. Inappropriate increases in epicormic growth that may indicate that the plants are in a stressed condition. 13. Branch drop, torn branches and stripped bark not associated with natural climatic conditions.

The presence of any of these symptoms or signs may be considered by Council as a breach of the Conditions of Development Approval.

(6) All trees on neighbouring properties are to be protected from adverse impacts caused by the works. Any excavations or changes of level occurring within the canopy of trees on neighbouring properties shall only be undertaken following consultation by a suitably qualified Arborist. Any mitigating measures and recommendations required by the Arborist are to be implemented. The owner of the adjoining allotment of land is not liable for the cost of work carried out for the purpose of this clause.

Plant & Equipment Kept Within Site All plant and equipment used in the erection of the building, including concrete pumps, wagons, lifts, mobile cranes, etc, shall be situated within the boundaries of the site and so placed that all concrete slurry, water, debris and the like shall be discharged onto the building site, and is to be contained within the site boundaries. This condition shall be complied with during demolition and building work.

Reason: To ensure public safety and amenity on public land.

Plans on Site A copy of all stamped approved plans, specifications and documents (including the Construction Certificate if required for the work incorporating certification of conditions of approval) shall be kept on site at all times so as to be readily available for perusal by any officer of Council or the Certifying Authority.

Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information and to ensure ongoing compliance. (DACGEpos)

Dust emission and air quality Materials must not be burnt on site.

Vehicles entering and leaving the site with soil or fill material must be covered.

Dust suppression measures must be carried out to minimise wind-borne emissions in accordance with the Landcom's Managing Urban Stormwater: Soils and Construction (The 'Blue Book'). Odour suppression measures must be carried out so as to prevent nuisance occurring at neighbouring properties.

Reason : To ensure residential amenity is maintained in the immediate vicinity. (DACHEdeaq)

Conditions which must be complied with prior to issue of Occupation Certificate

Traffic Safety Sign A standard RTA road safety sign (yellow and black diamond - horse rider symbol) shall be erected on Tooronga Road 20 metres from the intersection with Kallaroo Road in front of the site.

Reason : Safety to remind drivers to be aware of recreational horse riding on the local roads.

Basketball backboards The basketball backboard shall be acoustically and vibration treated

Reason: To minimise the noise impact on surrounding properties

Authorisation of Legal Documentation Required for On-site Stormwater Detention The original completed request forms (Department of Lands standard forms 13PC and/or 13RPA) must be submitted to Council for authorisation prior to the issue of the Interim/Final Occupation Certificate. A copy of the work-as-executed plan (details overdrawn on a copy of the approved drainage plan) and hydraulic engineer's certification must be included with the above submission. Additionally a copy of the Component/Compliance Certificate issued by Council or an Accredited Certifier in Civil Works stating that the works are in accordance with the approved plans shall also be provided in the submission to Council.

If Council is to issue the Compliance Certificate for these works, the fee is to be in accordance with Council's Fees and Charges.

Creation of Positive Covenant and Restriction as to User Where any conditions of this Consent require the creation of a positive covenant and/or restriction as to user, the original completed request forms, (Department of Lands standard forms 13PC and/or 13RPA), shall to be submitted to Warringah Council for authorisation. A certified copy of the documents shall be provided to Warringah Council after final approval and registration has been affected by the "Department of Lands" prior to issue of the Interim/Final Occupation Certificate.

On-Site Stormwater Detention Compliance Certification Upon completion of the on-site stormwater detention (OSD) system, certification from a consulting engineer and a "work as executed" (WAE) drawing certified by a registered surveyor and overdrawn in red on a copy of the approved OSD system plans are to be provided to Council. Additionally a Compliance/Component Certificate shall be issued by Council or an Accredited Certifier in Civil Works stating that the works are in accordance with the approved plans prior to the issue of an Interim/Final Occupation Certificate.

If Council is to issue the Compliance Certificate for these works, the fee is to be in accordance with Council's Fees and Charges.

Reason: To ensure stormwater disposal is constructed to Council's satisfaction.

Positive Covenant for On-site Stormwater Detention A positive covenant shall be created on the title of the land requiring the proprietor of the land to maintain the on-site stormwater detention structure in accordance with the standard requirements of Council prior to the issue of an Interim/Final Occupation Certificate. The terms of the positive covenant are to be prepared to Council's standard requirements, (available from Warringah Council), at the applicant's expense and endorsed by Council prior to lodgment with the Department of Lands. Warringah Council shall be nominated as the party to release, vary or modify such covenant.

Reason: To ensure ongoing maintenance of the on-site stormwater detention system.

Restriction as to User for On-site Stormwater Detention A restriction as to user shall be created on the title over the on-site stormwater detention system, restricting any alteration to the levels and/or any construction on the land prior to the issue of an Interim/Final Occupation Certificate. The terms of such restriction are to be prepared to Council's standard requirements, (available from Warringah Council), at the applicant's expense and endorsed by Council prior to lodgment with the Department of Lands. Warringah Council shall be nominated as the party to release, vary or modify such restriction.

Reason: To ensure no modification to the on-site stormwater detention structure without Council's approval.

Fire Safety Matters At the completion of all works, a Fire Safety Certificate will need to be compiled which references all the Essential Fire Safety Measures applicable and the relative standards of Performance (as per Schedule of Fire Safety Measures). This certificate must be prominently displayed in the building and copies must be sent to Council and the NSW Fire Brigade.

Each year the Owners must send to the Council and the NSW Fire Brigade an annual Fire Safety Statement which confirms that all the Essential Fire Safety Measures continue to perform to the original design standard.

Reason: Statutory requirement under Part 9 Division 4 & 5 of the Environmental Planning and Assessment Regulation 2000

Stormwater Management The applicant is to provide to Warringah Council a detailed maintenance program for the stormwater treatment device that demonstrates the long-term effectiveness of the device prior to the issue of a construction certificate. Day to day and long-term management of these devices and those responsible for their management should be detailed in the program.

Removal of all Temporary Structures/Material and Construction Rubbish Once construction has been completed all silt and sediment fences, silt, rubbish, building debris, straw bales and temporary fences are to be removed from site prior to final occupation.

Notification of a Food Premises The proprietor of a food business must notify the NSW Food Authority of the details of the business prior to the issue of the Interim/Final Occupation Certificate. Notification may be done either online at www.foodnotify.nsw.gov.au or by lodging a completed NSW Food Authority notification form to the NSW Food Authority or Council.

The proprietor of a food business must also inform an Environmental Health Officer of Council in writing of their notification number and business details prior to trading. Reason : To ensure compliance with the Australian Food Standards Code

Garbage and Recycling Facilities Prior to the issue of an Interim/Final Occupation Certificate, garbage facilities are to be constructed in accordance with Warringah Council's Code for Waste Handling in Residential Buildings.

Reason: To ensure the provision of appropriate waste facilities for residents and protect community health, and to ensure efficient collection of waste by collection contractors.

Cooking on the Premises Cooking of food requiring the use of a stove, oven, hot plate, grill, fryers or the like within the recreation building is permitted on the premises subject to the applicant providing suitable mechanical ventilation in accordance with the Building Code of Australia requirements. Reason : The application has provided no provision for mechanical ventilation 73. Horse Safety Awareness The applicant shall prepare and carry out a horse safety awareness program on an annual basis to inform all parents, bus drivers, school students and regular visitors of safety issues regarding drivers and recreational horse riding along the local roads in the vicinity of the site. The safety awareness program is to be carried out on an annual basis. A copy of the instructions to be prepared shall be submitted to the Certifying Authority and one copy to Warringah Council for record keeping purposes prior to the issue of the occupation certificate.

On-going conditions that must be complied with at all times

74. Overflow parking Overflow parking is to be signposted and a staff member/site manager is to direct persons to use these extra spaces once all permanent parking is occupied

Reason: To minimise on street parking along Tooronga Road

75. Hall use The hall is permitted to be used as a wet weather area, and for indoor recreation sports instruction, indoor games and the like. Informal activities such as art and craft may take place when the hall is being used during such periods . Academic classes are not to be held within the hall.

Reason: To ensure the site is retained as a recreation facility as proposed and not used as a defacto School campus. Council's response: Council maintains its position that it is inappropriate to allow any activities other than sporting activities to take place on the site, thus objects to the Applicant's proposed amendments. 76. Delivery Hours No deliveries, loading or unloading associated with the premises are to take place between the hours of 10pm and 6am on any day.

Reason: To ensure the acoustic amenity of surrounding properties.

77. Noise Management Plan A noise management plan shall be prepared by an appropriately qualified acoustic consultant and submitted to the Principle Council / Accredited Certifier, demonstrating that the proposed use of the premises, including the use of all sporting and recreation areas, and the operation of equipment at the premises, including all plant and equipment, does not give rise to an 'offensive noise' as defined in the Protection of the Environment Operations Act 1997 and will meet the requirements of the Department of Environment and Climate Change's (formerly known as Environment Protection Authority) Industrial Noise Policy. This plan should incorporate the recommendations contained in section 5 of the Noise Assessment Report prepared by Wilkinson Murray dated November 2008.

A copy of this plan is to be kept onsite at all times under the care of the Site Manager. Reason : Health and Amenity

78. Use of recreation areas No amplification systems are to be used at the recreation facility.

Reason: To prevent loss of amenity to the area. 79. Cleanliness and Maintenance of Food Preparation Areas All food preparation areas in the recreation building shall be kept clean and maintained in accordance with the requirements of:

(a) the NSW Food Act 2003, Food Regulation 2004 and Foods Standards Code; (b) AS 4674 - 2004 - 'Design, Construction and fit-out of food premises'; (c) AS 1668 Part 1 and Part 2; (d) the Protection of the Environment Operations Act 1997; and (e) the Building Code of Australia.

The relevant matters to be taken into account under this approval relate to:

(i) food handling and premises construction; (ii) hand washing facilities, fixtures and fittings; and (iii) mechanical ventilation and exhaust discharges.

Reason: To ensure compliance with acceptable standards for the construction of food premises established under environmental health and safety legislation.

Fertilizer use The site is to use certified bio-organic fertilizers within the recommended application rates for the oval area as required and not artificial chemical fertilizers.

Reason: To protect ground water and stream water quality.

Flood lighting No flood lighting of the car park, oval and tennis/basketball courts is permitted and the site is not to be used for any sporting activities at night times or after the permitted hours of operation. Reason: To maintain existing rural amenity.

Maximum number of people on site At any one time, there shall never be more than 80 people on the site including students, parents, spectators, staff and any other person. This number can be increased to 100 for a trial period of 12 months only from the date of the Occupation Certificate. Any proposal to permanently increase the number to 100 will require the approval of the Council.

Maximum number of games There shall be a maximum of one rugby, football or cricket game taking place at any one time on Saturdays, apart from special events and games, which can only occur with the prior approval of Council. Reason: To maintain existing rural amenity

Hours of Operation To be in accordance with the operations Management Plan.

In the event that the Court requires the above condition to be included in the consent, the Applicant objects to the hours of operation proposed by the Respondent. The Applicant proposes the following hours of operation: - Monday - Friday - 8am to 4pm - Saturday - 8am to 2pm (Use of the facility from 8:00am to 4:00pm is permitted for a maximum of 6 Saturdays per calendar year to allow for wet weather postponement.) - Sunday - No permitted use - Private School Holidays - Monday-Friday use permitted from 8:00am to 4:00pm. No permitted use on Saturdays. - Setup and arrival time is permitted from 8 am in the morning Monday to Saturdays. - Packing up equipment and 'end of game' departures are to be completed before 4 pm Monday to Fridays and 2 pm on Saturday. 85. Operational Management Plan The operational management and use of the facility shall be maintained strictly in accordance the Operational Management Plan compiled by the Mosman Church of England Preparatory School dated 11 May 2009 as amended by condition 2 and any other conditions of consent. The Operational Management Plan shall not be amended without the written approval of the Director of Planning and Development Services at Warringah Council except as outlined below.

Amendments involving correction of typographical or grammatical errors, changes to names of staff members or staff members' roles or responsibilities or any other amendment consistent with the conditions of consent can be made without the prior approval of the Director of Planning and Development Services at Warringah Council "

Reason: To ensure the use remains consistent with the desired future character, and operates in accordance with the approved plans and conditions.

86. Traffic management The Traffic management and use of the facility shall be conducted to comply with the requirements of Section 4.1of the Traffic and Parking Assessment compiled by Martens Consulting Engineers and dated November 2007.

Reason: To ensure the traffic management of the site is maintained strictly in accordance with the proposed intensity of use and is consistent with the approved Operational Management Plan. 87. Permitted Use The site is approved as a 'recreation facility' in accordance with the definition under the Warringah LEP 2000 limited to primary school age students, enrolled at, or in an associated sport competition program with, the Mosman Church of England Preparatory School. The site is not permitted to be used for academic school classes.. Sports classes and instruction for games and the like is permitted within the facility in an indoor or outdoor classroom environment. Reason: To maintain the land use as a recreation facility. 88. Intensity of Use Any intensification of the use of the site including new facilities and increased concurrent outdoor field games, or changes to the operating hours, and the like shall be subject to the submission of an application under the Environmental Planning & Assessment Act 1979 to Warringah Council and approval prior to those changes being permitted.

Reason: To ensure the proposal maintain low intensity low impact activity on the site in accordance with the Desired Future Character.

89. Horse safety The applicant is at its cost and at council's discretion, to install appropriate warning signs in the vicinity of the site to indicate the presence of horses.

          T A Bly
          Commissioner of the Court
          ljr

Outdoor Recreation Facility Terrey Hills

Revision Details: Revision Date Reason for Issue Controlled Recipients 1 11/05/2009 Draft MPS

1 PURPOSE OF MANAGEMENT PLAN 1 2 Background 1 3 Document Control 1 4 Administration of Management Plan 2 5 Review of Management Plan 2 6 General Arrangement of Facility 2 7 Uses OF THE FACILITIES 3 8 Indicative Timetable 4 9 PROGRAMME AND LOCATION INFORMATION 6 10 Wet Weather Plan 8 11 Special Events 8 12 Traffic & Parking Control 8 13 Noise Management Plan 9 14 Horse Awareness PLAN 10 15 Property Maintenance 10 16 SECURITY MANAGEMENT 10 17 Neighbour Relations 10

Mosman Preparatory School Outdoor Recreational Facility Operation Management PlanAppeal No. 10965 of 2008 1 PURPOSE OF MANAGEMENT PLAN The purpose of this Operational Management Plan (OMP) is to describe how the Mosman Church of England Preparatory School, Terrey Hills Recreation Facility will be managed. 2 Background Mosman Church of England Preparatory School (the 'School'), 75 Shadforth St Mosman, NSW owns the site located at Lot 139, Tooronga Road, Terrey Hills, NSW (the 'Site'). The School has obtained approval of Development Application 2007/1270 to develop and use the Site as a Recreation Facility (the 'Facility'). The conditions attached to Development Consent No. [ ] ('Consent') require the School to prepare and implement an operational management plan that sets out how the School will manage the Facility. This document serves for this purpose. This OPM details each of the following matters, as set out in the condition of the Consent:

(a) Seasonal and maximum intensity of use of the Site in accordance with the proposal; (b) Restriction on usage of the Site; (c) Limitation of usage of the Site for social events, school functions, sports carnivals, private functions and parties; (d) Crowd control for noise management; (e) Site security; (f) Traffic and parking control for daily usage and peak parking periods; and (g) Annual review process of the operaional management plan. 3 Document Control The School will distribute controlled versions of this OMP within the School and to Warringah Council ('Council'), when it is revised in accordance with Section 5 Review of Management Plan. As a minimum the OMP is to be distributed to: i) Warringah Council ii) The school administrators iii) The Headmaster iv) The facilities manager (2 copies) 4 Administration of Management Plan This OMP will be administered on a day-to-day basis by an employee of the School (Facility Manager) who will live on the Site to fulfill the functions of a caretaker. This OMP will be administered under the overall supervision of the Headmaster of the School (Headmaster). 5 Review of Management Plan This OMP will be formally reviewed by the School at least every six months from the date of implementation. Issues identified in the Complaints Register (described later in this OMP) and any feedback from Council and residents of neighboring properties will be considered and addressed in future revisions. The OMP shall not be amended without the written approval of the Director of Planning and Development Services at Warringah Council except as outlined below. Amendments involving correction of typographical or grammatical errors, changes to names of staff members or staff members' roles or responsibilities or any other amendment consistent with the conditions of consent can be made without the prior approval of the Director of Planning and Development Services at Warringah Council 6 General Arrangement of Facility The Facility consists of: o Carpark o Overflow Carpark o On-site Facility Manager's Accommodation o Indoor Recreational Building o Basketball Court/Tennis Court o Sports Field

The Site is to be landscaped in accordance with the Approved Landscape Plan and includes extensive native planting to Tooronga Road street frontage and the Kallaroo Road boundary.

Boundary fencing will be generally rural style post and rail and black wire mesh fencing selected for its non intrusive appearance.

The existing two bedroom residence will house the Facility Manager and includes a carport and garden shed. The garden shed will provide secure and tidy store for general tools and equipment.

External lighting will be discrete and limited to fittings which assist safety and security at night.

The playing field will cater for a variety of recreational activities which are detailed in this OMP. General and indicative field layouts are included as appendices to this OMP. The Indoor Recreation Building consists of toilets, a change area, storage for recreational resources, and space for activities described in this OMP. Loose furniture and equipment will be arranged in the Indoor Recreation Building to suit. Verandahs will provide undercover areas for lunch and for passive recreational activities. The verandahs will also be an all-weather viewing platform over the Sports Field. 7 Uses OF THE FACILITIES The Facility will be available for use by the School during NSW public private school term dates as follows; o Mondays to Fridays 8:00 am to 4:00 pm o Saturdays 8:00 am to 42:00 pm

These dates are, generally, Term 1 late January to early April, Term 2 late April to early July, Term 3 late July to late September, Term 4 early October to late December.

The Facility will not be available for use by the School outside these times or on Sundays.

Mondays to Fridays On Mondays to Fridays the Facility will be the venue for a different group of Year 3, 4, 5, and 6 children each day. There will be a maximum of 48 students and 3 staff members on any given day transported to and from the Facility via the two School minibuses. One member of Staff will be on Site. In the mornings students will depart the School by minibus arriving at the Facility by approximately 9:00am. While at the Facility, they will undertake a variety of recreational activities appropriate to their age and stage of development. Students will depart the Facility by minibus at approximately 4.00pm each day. A typical daily timetable of activities is provided at Item 8 of this OMP. Saturdays On Saturdays the Facility will be the venue for the summer or winter sports programme, set out later in this OMP. In summer there will be a maximum of 52 students, 5 staff and officials, and spectators. In winter there will be a maximum of 56 students, 5 staff and officials, and spectators. Students, their parents and their visitors will arrive at the Site by private motor vehicle and park in the Carpark. A typical Saturday timetable is provided at Item 8 of this OMP. 8 Indicative Timetable Typical Daily Timetable, Mondays - Fridays

s 8:00 am Setup of Facility s 8:35 am Children and Staff depart Mosman Prep School by Minibus s 9:10 am Arrive at Facility, Terrey Hills s 9:15 am Change Clothing s 9:20 am Fitness / Circuit Training s 10:30 am Various Small Group Recreational Activities s 11:00 am Morning Tea / Outdoor or Indoor Play s 11:30 am Various Small Group Recreational Activities s 12:30 pm Lunch and Indoor / Outdoor Play s 1:30 pm Group 1 Team Sports Practice and Game Group 2 Group Recreational Activities s 2:30 pm Group 1 Group Recreational Activities Group 2 Team Sports Practice and Game s 3:30 pm Pack up / Change Clothing s 3:50 pm Depart by Minibus for Mosman s 4:30 pm Arrive Mosman Prep School

Typical Daily Timetable, Saturday - Summer s 8:00 am Arrive and setup of Facility s 8:30 am Basketball (game1) s 8:30 am Cricket or T-Ball s 9:30 am Basketball (game 2) s 3:302:00 pm Pack-up and departure

s 8:00 am Arrive and setup of Facility s 8:30 am Rugby or Football (game1) s 9:45 am Rugby or Football (game 2) s 3:302:00 pm Pack-up and departure

9 PROGRAMME AND LOCATION INFORMATION 9.1 Fitness/Circuit Training - Outdoor Activity Involves individual students completing one of several circuits, depending on their Year Group. Records of times and fitness levels i.e. individual performance targets will be kept for comparison the following week. 9.2 Morning Tea; Lunch; Indoor or Outdoor Play The Indoor Recreation Building including verandahs will provide covered areas for morning tea and lunch, although open outdoor areas can be used for this purpose. Outside playtime games will be unstructured, though tennis will be available during these times. 9.3 Team Sport Practice and Game - Outdoor Activity Basketball, Cricket, T-Ball, Football, and Rugby will all be played on a seasonal basis. These are the games to be played competitively on Saturday mornings. On a week day half of the students (up to 24) will spend one hour involved in team practice and a game while the other half are involved in small group recreational activities. 9.4 Substitute Activities Horse Riding, Orienteering, and Swimming will be substituted for either the morning or afternoon session times during one term each year, subject to access to local facilities. 9.5 Saturday Summer Sports Programme Basketball o No of players per team: 5 o No of reserves in each team: 2 o No of games per Saturday: 2 o Total number of players: 14 per game o Duration of each Game: 45 minutes + 15 minutes warm up o Dimension of Court (markings): 28m x 15m

Cricket o No of players per team: 8 to 11 (depends on age group) o No of reserves in each team: 1 o No of games per Saturday: 1 o Duration of each Game: 1.5 hours (modified) to 3.5 hours (traditional) o Total number of players: 18 - 24 per game depending on age of players. o Dimension of Field: boundary - 60 metre radius with centre pitch

Tee-ball or Softball o No of players per team: 9 to 12 (max) depending on opposition o No of reserves in each team: 0 o No of games per Saturday: 1 o Duration of game: 2 hours o Total number of players: 18 - 24 per game depending on age of players. o Dimension of Diamond: 15.2m x 15.2m (tee ball), 16.7m x 16.7m (softball). Additional outfield of 50-60 metres required form the pitcher's plate.

Refer to Appendix E - Indicative Playing Field Layouts 9.6 Saturday Winter Sports Programme Football o No of players per team: 7 to 11 boys (depends on age group) o No of reserves in each team: 1 o Number of Games on Saturday: 2 or 3 consecutively o Duration of each game: 45 minutes + 20-30 minutes warm up o Total number of players: 16 - 22 per game depending on age of players. o Dimension of Field: 3/4 size 80m x 50m (minimum)

Rugby o No of players per team: 10 to 12 (depends on age group) o No of reserves in each team: 2 o No of Games on Saturday: 2 or 3 consecutively o Duration of each game: 45 minutes + 20-30 minutes warm up o Total number of players: 24 - 28 per game depending on age of players. o Dimension of Field: 110m x 70m

Refer to Appendix E - Indicative Playing Field Layouts 10 Wet Weather Plan In the event of wet weather, a decision may be made to stay at the School or return earlier than 4:00pm. When at the Facility inclement weather will generally be managed by locating activities indoors or on verandahs of the Indoor Recreation Building. 11 Special Events It is anticipated that there will be occasions each year in which the Facility will be used for special events such as: o Sports carnival or fun day. o Sports day. Note: Facility is not of sufficient in size to conduct a full athletics carnival. o Parent- teacher cricket match

The School will only conduct such events after providing Council one month written notification. The School will only conduct a maximum of 4 "Special Events" in any calendar year. 12 Traffic & Parking Control During the course of the Development Application the School commissioned Martens Associates, traffic and parking consultants, to undertake a review and analysis of the Facility and make recommendations in relation to traffic and parking issues. The Traffic and Parking Plan is a response to Martens Associates review. The School will distribute a map to all parents and organisations identified in a register held by the school which will require all parents, staff and other visitors (including referees) to access and depart the recreation facility only via: (i) Booralie Road; (ii) Kallaroo Road; and (iii) Tooronga Road. This map will also be published on the School's website. The School will also distribute this map during games/events held at the facility every Saturday. The School will ensure that prior to any games where there are to be visiting schools, the visiting school is notified of the above access arrangements and is provided with a copy of the map for distribution to parents. Overflow Parking Control o One or two Parking Monitors (as necessary) will be allocated by the School to supervise the Overflow Carpark during peak periods. o Parking Monitors will be supplied with appropriate identification. o Parking monitors will be equipped with a safety vest and identification tag o Parking monitors shall be giving parking management instructions o Parking Monitors will: - Direct traffic in and out of the Overflow Carpark when necessary - Spot drivers attempting to park on the street and directing them to park in the Overflow Carpark. - Spot vehicles parked on the street note the registration number and direct the driver to park in the Overflow Carpark. - Report uncooperative drivers to the School to be registered and dealt with as a Complaint.

13 Noise Management Plan During the course of the Development Application the school commissioned Wilkinson Murray, acoustic consultants, to undertake an acoustic review and analysis of the Facility and make recommendations in relation to noise. This Noise Management Plan is a response to Wilkinson Murray's review. Refer to Appendix A - Noise Management Plan. 14 Horse Awareness PLAN During the course of the Development Application the school commissioned Nevada Jack, a highly experienced equine expert, to undertake a review and analysis of the Facility and make recommendations in relation to horse and rider safety. The Horse Awareness Plan is a response to this review. Refer to Appendix B - Horse Awareness Plan Refer to Appendix C - Horse Awareness Information Brochure The School will use its best endeavors to ensure that Horse Awareness Information Brochure is provided/communicated to all persons likely to drive motor vehicles to the facility. 15 Property Maintenance Property maintenance will be managed by the Facility Manager who will reside on Site. The School will develop and implement a Property Maintenance Plan which will address fencing, landscaping, rubbish removal, rabbit control, wastewater management system, on-site stormwater detention, and the dam, set-up and pack-up for sports and recreational activities, amongst other things. 16 SECURITY MANAGEMENT Security will be managed by the Facility Manager who will reside on the Site. The School will develop and implement a Security Management Plan which will control access control to the approved hours and general Site security, amongst other things. 17 Neighbour Relations A notice board in the Central Carpark of the Facility will advertise telephone numbers of the Facility Manager and the School. Complaints will be recorded by the School in a Complaints Register that will be maintained in the School Office. The Complaints Register will record the source of the complaint, the date and time of the complaint, the corrective action to close out the complaint. The Complaints Register will be available for Council viewing as and when requested, during normal School Office hours. Refer to Appendix D - Complaints Register Complaints will be followed up by the School as soon as practicable after receiving a complaint. This OMP will be reviewed in consideration of the complaints in an effort to avoid further incidents and maintain good neighbour relations.

Garry Brown Headmaster

Mosman Preparatory School Outdoor Recreational Facility Operation Management Plan Appeal No. 10965 of 2008

Mosman Church of England Preparatory School Outdoor Recreation Facility Terrey Hills Horse Awareness Information Brochure Revision: A Dated: 2/12/08

1. Purpose of Brochure This Horse Awareness Information Brochure is a resource to assist drivers understand the things that they can do to minimize the impact on horses and riders when travelling to and from the Mosman Church of England Preparatory School Terry Hills Recreation Facility. 2. Document Control The School will distribute controlled versions of this document and all revisions to those people and organizations set out in a distribution register held by the school. The School will ensure that prior to any games where there are to be visiting schools, the visiting school are provided with a copy of this document. 3. Horse awareness - THINGS TO DO 3.1 On approaching a horse and rider: o Slow down o Do not drive too close to a horse and rider o Be prepared to stop. 3.2 Stop if: o The horse looks jittery, or is prancing or jumping sideways o The rider looks nervous or off balance. o There is an obstacle in front of the horse and the rider is trying to negotiate around it. o The horse and rider is on the opposite side of the road when there is an on coming vehicle (the on coming may have to slow down or swerve to avoid the horse and rider). 3.3 Be aware horses may shy at something that cannot be seen and have been known to jump sideways into the path of an approaching vehicle. 4. Horse awareness - THINGS NOT TO DO 4.1 Do not: o Use the vehicle horn or exhaust brakes on approach or near a horse and rider o Travel fast on approach or while passing a horse and rider o Accelerate while passing a horse and rider o Make loud noises within the vehicle or waive out the windows when passing the horse and rider. o Drive too close to a horse and rider either from behind or the side 4.2 BE PREPARED TO STOP AND TURN OFF THE ENGINE (when it is safe to do so) IF THE HORSE OR RIDER IS VISIBLY AGITATED OR IN DIFFICULTY. TURN ON HAZARD LIGHTS AND STAY IN VEHICLE UNTIL THE SITUATION IS UNDER CONTROL. 4.1 DISTRIBUTION REGISTER

Organisation Name Date Rev Signed Lakeside Primary K Smith 01/01/09 A

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.