Pam Grant v Ku-ring-gai Council

CASES CITED: GPC No 5 (Wombarra) Pty Ltd v Wollongong City Council

APPLICANT: Mr J E Hannaford, solicitor SOLICITORS: Hannaford Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Mr P Marincowitz, solicitor SOLICITORS: Phillips Fox

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of the Ku-ring-gai Council (the council) to refuse a development application to erect a multi-unit residential development for older people and those with a disability under State Environmental Planning Policy No 5, (SEPP5), at Lot C, DP 401190, being Nos 52-54 Grosvenor Street, Wahroonga. 2 I visited the land in company with the parties on the morning of the on-site hearing. 3 I have concluded that when considered under s 79C of the Environmental Planning and Assessment Act 1979 the application is successful. The land 4 The land is situated on the western side of Grosvenor Street and is rectangular in plan, with a frontage of 32.59m to Grosvenor Street, a depth of 64.3m and an area of 2,095m2. It slopes down from the street, with a fall of about 5m. 5 Erected on the land is a single-storey brick and tile dwelling located towards the eastern site frontage. Established gardens with predominantly exotic trees and shrubs within formal garden beds, terraces and lawn expanses provide a setting for the dwelling. 6 On land to the north, west and south are detached dwellings set in generous gardens. Front fences are generally low or non-existent. Relevant planning controls Ku-ring-gai Planning Scheme Ordinance 1971, (KPSO) 7 Under the provisions of the KPSO the land is zoned Residential 2(c) and the proposal would be prohibited were it not for State Environmental Planning Policy No 5, (SEPP5), under which the proposal is permissible with consent. 8 The proposal is subject to the provisions of. · Sydney Regional Environmental Plan No 20 - Hawkesbury Nepean River, (SREP20) · Development Control Plan No 31 - Access, (DCP31); · Development Control Plan No 40 - Waste Management, (DCP40); · Development Control Plan No 43 - Car Parking, (DCP43); · Development Control Code 1/99 - Housing for Older People or People with a Disability, (DO Code); and · Stormwater Management Policy, (Policy). The proposal and its history 9 Development application No 236/03 was lodged with the respondent council on 5 March 2003 to erect a multi-unit residential development for older people and those with a disability under SEPP5 involving the: · demolition of the existing dwelling; · construction of eight (2 and 3 bedroom) dwelling units; · provision of basement parking for 10 cars; · landscaping; and · stormwater drainage. 10 The following planning indices would be achieved: Site Area: 2,095m2 Gross Floor Area: 1,048.75m2 Floor Space Ratio: 0.5:1 Landscaped Area: 1,279.87m2 (61.1%) Built Upon Area: 815.13m2 (38.9%)

Notification 11 The application was notified to nearby owners and occupants between 19 March and 18 April 2003 and in accordance with cl 61J of the KPSO, a notice was placed in the North Shore Times on 19 March 2003 and 26 March 2003 and the council received sixty, (60) submissions and a petition of seventy-one (71) signatories. 12 The development application was referred to the council's development engineer on 4 April 2003, who indicated that the proposal was not satisfactory for a number of reasons, particularly in relation to vehicle access and storm water drainage. 13 The council's landscape officer indicated that the proposal would have a number of adverse impacts on the existing and proposed landscaping. 14 The council's urban design and heritage consultant indicated that the proposal is out of character with the area and of poor design. 15 The applicant was notified of the council's concerns by letter dated 22 September 2003, and on 26 November 2003, an additional landscape and an hydraulic plan were submitted by the applicant's architect. The council's decision 16 By notice dated 1 June 2004 under delegated authority the council refused the application for the following reasons: 1. The proposed development is out of character with the established streetscape. 2. The bulk and scale of the proposed development would result in significant visual impact on adjoining properties. 3. The proposed development does not adequately incorporate opportunities to maximise solar access. 4. Insufficient area has been allocated for landscape and screen planting to ensure adequate visual privacy for adjoining properties. 5. Significant impacts on the existing established vegetation would occur as a consequence of excavation and drainage works associated with the basement car parking. 6. The proposed means of site drainage and storm water management do not satisfy Council's Stormwater Management Policy. 7. Insufficient information has been provided to determine whether driveway grades comply with Australian Standard 2890.1 1993 "Off street car parking". The hearing 17 The appeal was filed on 15 July 2004. 18 Mr N R Kennan, consultant town planner is the Court-appointed expert. He was appointed 17 September 2004. 19 Mr C F Blyth, consultant town planner, advised the applicant, and Ms J Grant, consultant town planner of Woodhut Pty Limited, prepared the statement of basic facts and assisted the respondent at the on-site hearing. 20 Mrs J A Thornton, resident of No 56 Grosvenor Street, Wahroonga, whose submission was contained in Exhibit 9, p 53, dated 22 March 2003, was concerned among other things, about privacy and traffic impacts, the spoiling the ambiance and adverse impacts on flora and fauna. 21 Mr B A Pointon, resident of No 45 Braeside Street, Wahroonga, referred to his letter of objection in Exhibit 9, p 116, dated 18 April 2003. He supported some of the concerns expressed by others. 22 Mr A J Plaier, resident of No 60 Grosvenor Street, Wahroonga, referred to his letter in Exhibit 9, pp 64-5, dated 12 April 2003. 23 Mr A Papallo, the neighbour to the south at No 50 Grosvenor Street, Wahroonga, referred to his letter in Exhibit 9, pp 102-3, dated 17 April 2003. He said that he was in complete opposition to the proposal for reasons of: · Precedent. · Significant shade to northeastern side of his property. Very significant shade would affect his breakfast, and living areas. · Stormwater runoff increased by greater ground cover. · Structural impact of excavation in his dwelling, which was built around 1932 with lime mortar. · Visual privacy as the proposal would intrude being two-storeys in height. · Acoustic privacy would be a negative impact, due to more cars and garbage truck into garage. · Traffic impact on Grosvenor Street. · Fire fighting access. Main access to Ku-ring-gai National Park. Another 16 cars to clog the roads. 24 Mr A Gooch, resident of No 5 Darri Avenue, Wahroonga, referred to his letter prepared in consultation with his partner Ms C Burn, in Exhibit 9, pp 81-3 dated 16 April 2003 expressed concern, and also spoke on behalf of his neighbours who would be directly overlooked by future residents of the proposal. He strongly objected to the proposal and raised a range of points including: loss of privacy; intrusiveness of height and bulk, which would be exaggerated by the fall in the land; proximity to the boundaries that sets this apart from other homes; sight lines to his extension around 33m distant; the lack of screening vegetation in winter due to the large Liquid ambar being deciduous. He considered this proposal would be "…a psychological inhibiter as people would feel like they are being watched." He suggested that the Court should treat the application as "an ambit claim" , and preferred that it be refused. If not refused the Court should moderate the impacts and force the developer to remove Unit 8 and amend the proposal to single-storey only. Other issues cited by him included loss of amenity in the area. 25 Mr B M Bartlett, resident of No 48 Grosvenor Street, Wahroonga, referred to his letter in Exhibit 9, pp 128-9, dated 9 April 2003 and reiterated his concerns including: "…the need to relate to the character of the houses already here" ; stormwater; the top floor should not be the same size as the lower floor. He considered there to be an oversupply of SEPP5 housing in the area and as evidence of this he suggested that some are unable to be sold. He characterised these developments as "…large blocks of units." He said the plans do not show trees and there would not be enough space for planting; no visitor parking; escape route in time of bushfires; poor transport and there is a bus service in morning and afternoon. He said that depreciation in value of properties would result. 26 Mr W H Lemke, resident of No 34 Junction Road, Wahroonga, was not present, but attention was drawn to his letter in Exhibit 9, p 68, dated 14 April 2003, and that he had similar concerns to those of Mr Bartlett. He was concerned that the size of development would not be in keeping with the area and does not qualify under SEPP5. As the applicant was seeking a maximum development, it would result in a fall in property values. The issues 27 On 24 August 2004 the council filed a statement of issues: Streetscape, bulk and character 1. Whether the proposed development should be approved having regarding to its impact on the streetscape and its scale, and whether the proposed development is out of character with the area due to its size, bulk, excessive site coverage and unimaginative architectural treatment. Particulars: 4. Clause 25(a)(i) of State Environmental Planning Policy No 5 - Housing for Older People or People with a Disability (SEPP5) ('...contribute to ... attractive residential environment...'). 5. Clause 25(a)(iii) of SEPP5 ('...providing building setbacks that progressively increase...'). 6. Clause 25(a)(iv) of SEPP5 ('...maintain reasonable neighbour amenity and appropriate residential character by using building form and siting that relates to the site's land form...'). 7. Clause 25(a)(v) of SEPP5 ('...maintain reasonable neighbour amenity and appropriate residential character by adopting building heights at the street frontage that are compatible in scale with adjacent development...'). Visual privacy in relation to adjoining properties 1. Whether the proposed development should be approved having regard to its impact on the visual privacy of residents of adjoining properties and the lack of sufficient area for landscaping to screen the proposed development. Particulars: (a) Clause 25(b)(i) of SEPP5 ('...consider the visual ... privacy of neighbours in the vicinity and residents by ... appropriate site planning, the location and design of windows and balconies, the use of screening devices and landscaping...'). (b) The proposed development will have an unacceptable impact on the visual privacy of residents of adjoining properties, especially the adjoining properties to the west and north of the proposed development. Visual privacy in relation to residents 3 Whether the proposed development should be approved having regard to its impact on the visual privacy of residents of the proposed development. Particulars: (a) Clause 25(b)(i) of SEPP5. (b) The visual privacy of residents is compromised by the arrangement of units around a central corridor. (c) Many rooms have windows facing the shared covered walkway. (d) The common stairway overlooks the balcony and the windows of the lounge of Unit 1. Solar access 4. Whether the proposed development should be approved having regard to matters of solar access and energy efficiency. Particulars: (a) Clause 25(c) of SEPP5 ('...ensure adequate daylight to the main living areas of residents ... involve site planning, dwelling design ... that reduces energy use and makes the best practical use...'). (b) Few bathrooms will have windows. The units will have windowless central corridors. (c) Many rooms will have windows facing the shared covered walkway. (d) Units having northern aspects will have winter sun excluded from living rooms by deep balconies. Impacts on existing vegetation 5. Whether the proposed development will have an unacceptable impact on existing vegetation, which is indicated as being retained. Particulars: (a) The excavation for the proposed basement garage and the excavation for drainage adjacent to the wall of the basement garage will have an unacceptable impact on the existing screen planting of Camellias on the northern boundary of the site. (b) The Chinese Elm located in the front setback will be adversely affected by the excavation for the basement garage, and by the position of units 1 and 4, which will be within the dripline of the canopy of the tree. (c) The Scribbly Gum located adjacent to the southern site boundary will be adversely affected by the proposed masonry retaining wall as the wall is within the critical root zone of the tree. Site drainage and stormwater management 5 Whether the proposed means of site drainage and stormwater management is adequate. Particulars (a) Clause 25(d) of SEPP5. (b) The provisions of Council's Stormwater Management Policy. (c) The Stormwater Concept Plan submitted with the development application is unsatisfactory in that: · no provision has been made for on site retention of stormwater; · the design is inadequate in relation to the detention storage volume and the permissible site discharge; · the on-site detention storage is located in a deep soil planting zone; · the connection pit for the inter-allotment drainage is under a proposed new canopy tree; and · evidence of the downstream neighbour's consent to the proposed drainage easement has not been provided to Council. Car parking 6 Whether the proposed development complies with Australian Standard 2890.1 - Off-street car parking (Standard). Particulars: (a) Insufficient information has been provided with the development application to determine whether: · the driveway grades comply with the Standard; · the headroom for the proposed basement carparking area complies with the Standard. (b) The dimensions of the 90 degree bend at the entrance to the carpark do not comply with the Standard. Inconsistency of information in development application 7 Whether the proposed landscaping can be achieved having regard to the position of some of the proposed landscaping shown on the Landscape Concept Plan (No 03027DAl Rev B) which is inconsistent with the position of some of the proposed drainage works as shown on the Stormwater Concept Plan (No SW-01).

Issues raised by objectors/public interest 8 Whether the proposed development should be approved having regard to the issues raised by objectors. 9 Whether the proposed development is in the public interest and should be approved in the circumstances of the case.

28 The following emerged as the salient issues: · Streetscape, bulk and character; · Visual privacy in relation to adjoining properties; · Visual privacy in relation to residents; · Solar access; · Impacts on existing vegetation; · Site drainage and stormwater management; · Car parking; · Inconsistency of information in development application; and · Issues raised by objectors/public interest including: precedent, significant shade to NE, structural impact, visual and acoustic privacy, and fire fighting access. The evidence and findings 29 Mr Kennan, the Court-appointed town-planning expert, supported the proposal with a slight amendment of the landscape plan and other changes that have now been addressed in amended plans. Streetscape, bulk and character 30 In this regard, Mr Kennan, referred to the principles enunciated by Senior Commissioner Roseth, in GPC No 5 (Wombarra) Pty Ltd v Wollongong City Council, which addressed the relationship of a SEPP5 development to the streetscape and surroundings. 31 Having regard to those principles, he was of the view that the proposed development "…would not be unacceptable in the existing streetscape of Grosvenor Road". He stated that the width of the proposal would not be dissimilar to the existing dwelling on the land, and not dissimilar in length to the neighbouring dwelling at No 56 Grosvenor Road to the north. He was of the opinion that, as amended, the architectural plans indicate that the proposal would appear less bulky to the occupants of No 56 Grosvenor Road than that originally proposed. In this regard, he considered balconies at the eastern and western end of that northern facade of the proposed development, assist in articulating the building form. 32 He was satisfied that with the setback on the northern side amended to 3m for the ground and first floors, [and 2.5m for the basement], the existing Camellias could be retained and augmented to assist in screening the proposed development from the adjoining development to the north. 33 Whilst noting that an SEPP5 development is permitted to a FSR of 0.5:1 (compared with a permitted FSR of 0.3:1 for a single dwelling house), he was of the opinion that the scale of the proposal with a FSR of 0.5:1 would not be such that the Court should refuse the development. 34 With regard to setbacks, he was of the view that the northern façade as amended by the applicant with its articulated form: …has provided some architectural relief such that the development is consistent with that on the adjoining site to the north. I would preferred to see further articulation of the northern facade of the proposed development, however, I do not consider this, in isolation, to be determinative in this matter." 35 He considered the proposed setbacks would afford an area for landscaping that would soften the form of the proposed building. 36 He considered the amended design for the Grosvenor Road front fence with masonry/ brick piers and metal inserts would be appropriate. 37 I accept that evidence and would not refuse the application for reason of streetscape, bulk and character. Visual privacy in relation to adjoining properties 38 He was of the opinion that proposed planting of Camellias along the northern boundary of the land would serve to screen the windows of the neighbouring dwelling at No 56 Grosvenor Road. The windows to proposed Bedrooms 1 & 2 of Units 2 & 5, would be facing this property and vegetative screening would be required "…such that visual impact is not a matter to warrant refusal of the application." He relied on the advice of the arborists that the proposed excavation for the basement car park 2.5m distant from the northern boundary of the land would not preclude the establishment of Camellias on that boundary. 39 He was similarly content with the screening capability of the proposed landscaping to the south and west, and concluded that the visual impact of the development from the adjoining sites would be acceptable. Mrs Thornton, of No 56 Grosvenor Street, the neighbouring property to the north, indicated on the site inspection that she would prefer the Camellias to be retained and augmented rather than large trees being planted along her boundary. 40 I am satisfied that visual privacy in relation to adjoining properties would be reasonably retained and would not be a reason to refuse the application. Visual privacy in relation to residents 41 Mr Kennan was of the view that Bedroom 3 of Unit 1 of the proposal would be positioned such that there would not be "…any unreasonable impact on the visual privacy of the residents of that unit," as a result of people using the common area near the lift. 42 He was also content that the common stairway adjacent to the lift, would not cause any undue privacy concerns be reason of the combination of: · the privacy screen to the balcony, · the proposed planter box adjacent to the stairwell, and · the fact that the eye height of a person using the stairs would, for the most part, be below the finished ground floor level. 43 He considered that there would be limited potential for overlooking from the staircase to the balcony and windows of Unit 1 but this could be ameliorated further he said, by the inclusion of a planter box on the stair itself. 44 He was of the opinion that one window of Bedroom 2 of the amended Unit 3 would overlook the stairs leading to Units 7 & 8. The amended plans indicate that the landing adjacent to the window of Bedroom 2 would be at RL 187.475m AHD compared to the floor level of Bedroom 2 at RL 188.00m AHD, a differential of 0.525m. He considered this less than ideal, and window furnishings in combination with the differential in floor levels, would mitigate the potential for overlooking to an acceptable level. I accept that evidence. I would not refuse the application for this reason. Solar access 45 The internal first floor bathrooms and ensuites would be provided with skylights for access of natural light. However, the four bathrooms and ensuites on the ground floor do not have access to direct natural light. These are to be provided with artificial light and would require mechanical ventilation. Mr Kennan was of the view that this design would not be so adverse to warrant refusal of the application. 46 Mr Kennan noted that borrowed light would be available from corridors, and rooms facing the shared covered walkway would be mainly bedrooms or studies. Despite a likely deficiency of sunlight to those rooms he was of the view that sufficient natural daylight would penetrate for healthy living conditions to be maintained. 47 He was satisfied that "…acceptable solar access can be achieved to the internal living areas of the units which have a northerly aspect." 48 The rear dwelling would be most favourably located for daylight and sunlight and the other dwellings have sufficient separation to receive adequate daylight and I would not refuse the application for this reason. Impacts on existing vegetation 49 The arborists for both the applicant and the respondent council prepared a joint report that concluded that this matter as described in Issues 5(a) and 5(b) has been resolved. On the site inspection it was noted that the Camellias on the northern boundary are now apparently healthy and vigorous and would be sufficiently distant from the basement excavation that they might be retained. A condition is proposed in this regard. The amended landscape plan addressed the recommendations of the arborists and Mr Kennan was content that this issue has been resolved. I accept that evidence and I would not refuse the application for this reason. Site drainage and stormwater management 50 The engineers for both the respondent council and the applicant have met and have prepared a joint report and have agreed that Issues 6(a), (b) & (c) have been resolved. 51 The on-site detention tank has been located in the western sector of the land to avoid any impact on trees. 52 Mr Kennan explained that with regard to Issue 6(e) concerning the downstream easement for drainage, the hydraulic engineers agreed that it is possible to create such a downstream easement. I accept that an easement would be possible and could with the acquisition of an easement be carried into effect. No consent would issue until the detailed deferred commencement consent terms are met in this regard. Car parking 53 The engineers for both the respondent council and the applicant have prepared a joint report dealing with Issue 7, and Issue 7(a) has been resolved by amendments made to the development plans. Issue 7(b), is no longer pressed. 54 Mr Kennan was satisfied that there would be no need for additional car parking to cater for the traffic generation of using the dining rooms as bedroom. The amended plans have clarified this by showing those rooms previously noted as 'dining' as 'studies' with wide openings. I accept this evidence. Inconsistency of information in development application 55 There was initially a conflict between the landscaping and the stormwater drainage system. This has been resolved and the engineers have redirected the detention tanks and pipes to avoid trees. Issues raised by objectors/ public interest - precedent, significant shade to NE, structural impact, visual and acoustic privacy, and fire fighting access 56 Mr Kennan was of the view that the issues raised by objectors have been accommodated in the either the amended plans and addressed elsewhere. 57 Mrs Thornton, of No 56 Grosvenor Street the northern neighbour, was concerned to protect the ambiance of the area and to this end the applicant suggested that the Camellias growing along the northern boundary of the land might be protected and augmented by additional Camellias rather than the planting proposed in the landscaping plans. This the applicant agreed to do. 58 Mr A Papallo, of No 50 Grosvenor Street, the southern neighbour, was particularly concerned to protect his lime-mortared brick dwelling from damage during excavation for the basement car park. The applicant has agreed to stringent conditions in this regard that would reduce vibration and involve the carrying out of a dilapidation study. 59 During the site inspection, the likely overshadowing of Mr Papallo's dwelling was carefully considered by Mr Kennan, assisted by Mr Blyth, and I am satisfied that shade falling on that property would be limited during the winter months. The shading would be ameliorated by the separation between the proposal and the northern wall of Mr Papallo's dwelling and the raised sill level of windows in that wall. The experts assessed the shadow diagrams and agreed that shade might reach the bottom of the glass in the morning in midwinter but would be off the glass by 9.30am. 60 Retaining the stormwater on-site in a detention tank and discharging it in an easement to the council's system would, I am satisfied, cater for stormwater. An easement would need to be obtained over down-stream properties and this is the subject of a deferred commencement condition. 61 Mr Papallo was concerned that as many as twenty windows on the southern elevation of the proposal would facilitate future overlooking of his property. He was particularly concerned for his visual privacy from the two-storey development and in particular from Units 7 and 8 at the western end of these southern units. Mr Kennan indicated that there would be sufficient separation so that privacy impacts would be ameliorated. Also he indicated that landscaping would partially screen the view. I accept that evidence and would not refuse the application for this reason. 62 Similarly, Mr Papallo was concerned for his acoustic privacy, and in particular the noise of more cars and the garbage truck using the ramp to the garage. He suggested that it would be "…like being on a main road." He was also concerned for increased traffic on Grosvenor Street. I am satisfied that any increase in traffic due to the proposal would be slight and that the noise could be kept to a minimum by screening along the edge of the ramp. At the point of concern, the ramp would be excavated into rock and soil and this could assist in reducing noise impacts. Also, there is a driveway within Mr Papallo's property alongside the proposed ramp and the dwelling is set back. I am satisfied that acoustic privacy would not be a reason to refuse the application. 63 Although the ramp design and its grade was originally a traffic issue for the council and its officers, the traffic generation was not. Also, I consider that the additional cars on site would not unduly impede fire-fighting access to Ku-ring-gai National Park. 64 Other resident witnesses expressed similar concerns, and these have been dealt with above. 65 For the above reasons, the appeal is upheld. Conditions 66 The conditions are those in Exhibit 10 as amended including a reference to the new drawings received from the applicant after the hearing which show the proposed ridge height levels to AHD. Orders 67 My orders are: 1. The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.

2. Development application No 236/03 lodged with the respondent council on 5 March 2003 to erect a multi-unit residential development for older people and those with a disability under State Environmental Planning Policy No 5, SEPP5 at Lot C, DP 401190, being Nos 52-54 Grosvenor Street, Wahroonga is approved subject to Conditions 1 to 110 in Annexure A.

S J Watts Commissioner of the Court sw

Development Application No 236/03 Premises: Nos 52-54 Grosvenor St, Wahroonga

SCHEDULE A - DEFERRED COMMENCEMENT NOTE: The matters referred to in Schedule A must be completed to Council's satisfaction within THREE YEARS from the date of this Deferred Commencement Approval if the Consent is to take effect. Pursuant to the provisions of s 80(3) of the Environmental Planning & Assessment Act 1979 , the development application be granted a Deferred Commencement Consent subject to the following: 1. Registered title documents are to be submitted to Council demonstrating that the subject site is benefited by the necessary easement(s) for stormwater drainage as far as the approved point of discharge to the public drainage system. This information is to include, as a minimum, registered Title documents demonstrating the benefit and burdens, together with the instruments describing the terms of necessary drainage easement(s). The documentation is to be approved by Council prior to operation of the consent. 2. The applicant is to submit to Council full hydraulic design documentation for the required drainage system from the subject property to the approved point of discharge to the public drainage system. The plans are to be approved by Council prior to operation of the consent. Plans are to be prepared by a suitably qualified and experienced consulting civil/hydraulic engineer in accordance with Council's Storm Water Management Manual and the Plumbing and Drainage Code (AS3500). New pipes within the downstream easement drainage system must be sized to have adequate capacity to carry design flowrates, or detention system overflows where detention systems are to be provided, from the subject property. The following details must be included: (a) Plan view of the system to scale showing dimensions, location and reduced levels of all pits, grates, pipe inverts, flushing facilities and exact point of discharge, (b) The contributing catchment calculations and supporting pipe sizing information, (c) Longitudinal section showing existing ground levels and proposed pipe invert levels, grades and flow capacities, (d) Surrounding survey detail including all trees within seven (7) metres of the proposed drainage system, (e) Means to preserve the root systems of trees within seven (7) metres of the drainage system. 3. The construction of the required drainage system from the subject property to the approved point of discharge to the public drainage system must be completed in full prior to operation of the consent. The designing engineer or equivalent professional engineer must supervise the works. At the completion of works, and prior to operation of the consent, the following shall be submitted to and approved by Council: a. Certification from the supervising engineer that that the as-constructed works comply with the approved design documentation, and b. A full works-as-executed drawing of the as built drainage line (dimensions, grades, materials, invert levels) prepared by a registered surveyor, and c. Certification from the surveyor that all drainage structures are wholly contained within the drainage easement(s).

SCHEDULE B GENERAL CONDITIONS The issue of this consent does not permit any construction work to commence on the site until such time as a construction certificate has been obtained. Detailed working drawings and specifications, which are consistent with the Development Consent and conditions, must be submitted for consideration before the issue of a construction certificate. Alterations, modification or variations to this consent can only be effected where Council approves an application to modify the Consent under Section 96 of the Environment Planning and Assessment Act 1979 . This consent shall lapse and be void if the building work or use to which it refers is not physically commenced prior to the date of expiry of the consent. 1 The development to be in accordance with the plans listed below and endorsed with the Land & Environment Court stamp and in accordance with the Statement of Environmental Effects by The Turnbull Group, dated February 2003, except where amended by other conditions of this consent: Drawing Nos. Date: 1 20292 / DA00 Revision A The Winter Group 18.12.04 2 20224 / DA01 Revision D The Winter Group 24.11.04 3 20224 / DA02 Revision F The Winter Group 17.11.04 4 20224 / DA03 Revision F The Winter Group 17.11.04 5 20224 / DA04 Revision B The Winter Group 22.10.04 6 20224 / DA05 Revision A The Winter Group 18.12.02 7 20224 / DA06 Revision D The Winter Group 01.12.04 8 20224 / DA07 Revision E The Winter Group 01.12.04 9 Landscape Concept Plan 0327 DA1 Revision F Vision Dynamics undated

2. The approved building shall not be occupied unless the development has been completed in accordance with all conditions of consent and the approved plans and an Occupation Certificate has been issued. 3. The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a Road Opening Permit being obtained from the Council (upon payment of the required fee) beforehand. 4. For the purpose of ensuring the compliance with the terms of the approval, an approved copy of the plan and this Consent and Construction Certificate shall be kept on site at all times. 5. For the purpose of safety and amenity of the area, no building materials, plant or the like are to be stored on the road or footpath without the written approval being obtained from the Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be. 6. HOURS OF WORK: For the purpose of residential amenity, noise generating work carried out in connection with building and construction operation, including deliveries of building materials and equipment, is restricted to the following hours: Mondays to Fridays inclusive: 7.00am to 5.30pm. Saturdays: 8.00am to 12.00 noon. Sundays and Public Holidays: Not Permitted. The use of the following items of plant on the site is also restricted to the abovementioned hours: compressors, bulldozers, power operated woodworking machines, excavators and loaders, jackhammers, Ramset guns, concrete mixers and concrete delivery wagons, hoists, winches, welding and riveting plant. Whilst work on Saturdays may be performed until 5.30pm, such work or any associated activities shall not involve the use of any noise generating processes or equipment. 7. Deleted. 8. A sign shall be erected in a prominent position on the site, which states the name and contact details of the Principal Certifying Authority. 9. All excavations shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property. 10. Any excavation of rock involving hydraulic or compressed air rock hammers or other excavation equipment shall comply with the requirements of Council's Code for the Control and Regulation of Noise on Building Sites. 11. A dilapidation survey of the property and infrastructure must be conducted prior to any site work. The lateral extent of the survey must cover the likely "zone of influence" of any dewatering and/or construction induced vibration. A practicing structural engineer must prepare a full dilapidation report on the structural condition of all existing structures at the following locations: o No. 56 Grosvenor Street; o No. 50 Grosvenor Street; and o No 5 Darri Avenue. The Report must be completed and submitted to Council and copies provided to the owners at Nos 50 and 56 Grosvenor Street, and No 5 Darri Avenue, prior to the commencement of any demolition, excavation or construction works. A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out by a practicing structural engineer at the completion of the works and be submitted to Council and copies provided to the owners at 50 and 56 Grosvenor Street, and 5 Darri Avenue. 12. No rock breaking or other machinery for the excavation, drilling or removal of rock shall be used on the site without the prior approval of the Principal Certifying Authority. Should rock breaking or associated machinery be required, the following details are to be submitted to the Principal Certifying Authority for consideration: (b) The type and size of machinery proposed. (c) The routes of all trucks to convey material to and from the site. (d) A report by a Geotechnical Engineer detailing the measures recommended in undertaking the work so as to prevent any damage to any adjoining or nearby buildings. 13. Construction of the basement garage may affect the stability of surrounding property and structures during its construction. Due to this, the excavation and retention works must be overseen by an engineer. This is to ensure the stability of surrounding property / infrastructure is not adversely affected by such works. Excavation and retention works must be undertaken on-site by an excavation contractor with specialist excavation experience. A suitably qualified geotechnical or structural engineer, specialising in excavation, must supervise the excavation procedure. This engineer is to provide certification to the Principal Certifying Authority, prior to issue of the Final Building Certificate, that the excavation and retention works stated above has been conducted: (a) According to the relevant Australian Standards and Codes of Practice, and (b) In a manner that does not compromise the structural integrity of all adjacent structures and property. 14. Vibration resulting from the excavation and retention works can adversely affect surrounding property and infrastructure. To ensure that vibration created by the excavation and retention works does not adversely impact on the surrounding property and infrastructure, a Vibration Monitoring Program must be implemented. Prior to the issue of the Construction Certificate, details of the proposed Vibration Monitoring Program must be submitted to the Principal Certifying Authority. A qualified and practising geotechnical and/or hydrogeological engineer must prepare the Vibration Monitoring Program and undertake all associated investigations. Details to be included in Vibration Monitoring Program are to include: (a) pre-set acceptable limits for the variation of: · settlement; · deflection or movement of retaining mechanisms such as shoring and bracing; and · vibration in accordance with AS 2187.2 1993; Appendix J, including acceptable velocity of vibration. (b) the location and type of monitoring systems to be used; (c) recommended hold points to allow for inspection and certification by a geotechnical engineer; and (d) a contingency plan should the pre-set acceptable limits be exceeded. 15. A record of inspections and monitoring of vibration in accordance with the Vibration Monitoring Program must be submitted in a report form to the Principal Certifying Authority prior to release of the Certificate of Occupancy or final building inspection as appropriate. A qualified and practising geotechnical and/or hydro-geological engineer must prepare certification. 16. The applicant is advised that the Construction Certificate plans and specifications must comply with the provisions of the Building Code of Australia. 17. All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards. 18. If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: a. must preserve and protect the building from damage, and b. if necessary, must underpin and support the building in an approved manner, and c. must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished. The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. In this clause, allotment of land includes a public road and any other public place. 19. Toilet facilities are to be provided, within 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. 20. Any fencing and associated footings shall be constructed entirely within the boundaries of the property. 21. The demolition is to be carried out in accordance with the guidelines contained in Australian Standard 2601-1991: The Demolition of Structures. 22. Access to demolition sites shall be protected as directed by the Principal Certifying Authority by the use of suitable fences or hoardings. 23. Demolition work, including removal of material or debris from the site, on any building in a residential area shall only be carried out during the following hours: Mondays to Fridays inclusive: 7.00am to 5.30pm. Saturdays: 8.00am to 12.00 noon. Sundays and Public Holidays: Not Permitted. 24. A person taking down or demolishing or causing to be taken down or demolished any building or part thereof shall, upon identifying or suspecting that asbestos is present in the building, immediately notify the Workcover Authority. The Authority is the controlling body for the safe removal, handling and disposal of asbestos. The Authority supervises and monitors contractors engaged in asbestos removal. The requirements and standards imposed by the Authority, its consultants or contractors shall be complied with. 25. Erosion control measures shall be provided on demolition sites to prevent the siltation of watercourses and drainage systems. 26. Dust control measures shall be taken on all demolition sites so as to avoid a nuisance to adjoining properties and harm to the environment. (a) A person taking down or demolishing or causing to be taken down or demolished any building or portion of any building shall: i. cause the windows or other openings in the external walls to be close boarded or otherwise covered; ii. cause screens of canvas, hessian, boards, mats or other suitable material to be fitted in appropriate locations; iii. cause areas, components and debris to be wetted down; in such a manner as to minimise, as far as practicable, the nuisance arising from the escape of dust during such taking down or demolition. (b) Such person shall not chute, throw or let fall or cause to chute, throw or let fall from the floor to floor or into any basement of such building any building materials or any other matter so as to cause dust to escape from the building or cause any such material to fall or cast upon a public way to the annoyance, inconvenience, or danger of persons using such public way. 27. A temporary construction exit and sediment trap to reduce the transport of sediment from the site onto public roads shall be provided before demolition commences. 28. Existing stormwater lines on the site are to be blocked and made inoperable after buildings are demolished so as to prevent the conveyance of silt or sediments into the gutter or street drainage system. 29. All combustible material shall be removed from the site on a daily basis. Material shall not be burnt on the site. 30. Materials salvaged from a demolition may be stored on site provided they are non-combustible, neatly and safety stockpiled and not likely to become a harbourage for vermin. 31. Trees and vegetation on a site shall not be disturbed except as permitted by this consent or with the approval of the Council. 32. Adequate precautions shall be taken to ensure the protection of adjoining premises and persons therein from damage and injury during the process of demolition. 33. Buildings built prior to the 1970's may contain lead based paint. Lead dust is a hazardous substance. You are advised to follow the attached WorkCover guidelines to prevent personal and environmental contamination. 34. The applicant or builder/developer is responsible for the cost of making good any damage that may be caused to any Council property as a result of work associated with the demolition. 35. A photo record of the buildings to be demolished and vegetation on site is to be submitted to Council for archival purposes. 36. 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, and (b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours. Any such sign is to be removed when the work has been completed. This clause does not apply to: (c) building work carried out inside an existing building, or (d) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out. 37. All demolition materials of value for re-use either on-site or elsewhere, shall be separated and made available for re-cycling. 38. "Peep holes" being provided to the entrance doors of all units for personal security. 39. A Tree Preservation Order exists within the Ku-ring-gai Council area whereby the removal, lopping or destruction of any tree exceeding 5.0 metres in height or 4.0 metres in canopy spread (except where exempt as defined under Council's Tree Preservation Order) without prior written consent of Council is prohibited. Release of the Construction Certificate gives automatic approval to the removal ONLY of those trees located on the subject property within the footprint of a proposed new building/structure or within 3.0 metres of a proposed new dwelling. Where this application is for a building/structure other than a dwelling then ONLY trees within the area to be occupied by this building/structure may be removed. Other trees SHALL NOT be REMOVED or DAMAGED without an application being made under Council's Tree Preservation Order. 40. The landscape works shall be completed prior to issue of the occupation certificate and maintained in a satisfactory condition at all times. 41. Canopy and/or root pruning of the following tree/s which is necessary to accommodate the approved building works shall be undertaken by an experienced Arborist/Horticulturist, with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate: Tree/Location Ulmus parvifolia (Chinese Elm) Centrally located within front setback 42. Tree roots between 10mm and 50mm diameter, severed during excavation, shall be cut cleanly by hand and the tree subsequently treated with a root growth hormone and wetting agent, by an experienced Arborist/Horticulturist with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate. 43. No tree roots of 50mm or greater in diameter located within the specified radius of the trunk/s of the following, tree/s shall be severed or injured in the process of any site works during the construction period. Tree/Location Radius From Trunk Eucalyptus racemosa (Scribbly Gum) 3.0m Adjacent to southern site boundary in rear garden Ulmus parvifolia (Chinese elm) 4.0m Centrally located within front setback 44. The applicant shall ensure that at all times during the construction period no activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order. 45. On completion of the LANDSCAPE WORKS/TREE PLANTING OR SCREEN PLANTING, a Landscape Architect or qualified Landscape Designer shall submit a report certifying correct installation, faithful to the landscape plan to the Principal Certifying Authority with a copy to Council, prior to issue of the Occupation Certificate. 46. All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works. 47. Stormwater runoff from all hard surfaces generating runoff or landscaped areas which are not at natural ground level shall be piped to the interallotment stormwater drainage line benefiting the subject site. The interallotment line is to be covered by the necessary easement for drainage which may exist or need to be created under this consent. 48. The relocation or adjustment of any utility service facilities are to be carried out by the Applicant in accordance with the requirements of the utility authority at no cost to Council. 49. All public footways and roadways fronting and adjacent to the site are to be maintained in a safe condition at all times during the course of the development works. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to the public access ways fronting the construction site. Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where circulation is diverted on to the roadway, clear directional signage and protective barricades must be installed in accordance with AS1742-3 1996 "Traffic Control Devices for Work on Roads" . If pedestrian circulation is not satisfactorily maintained, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work. 50. The provision of a convex mirror on the bend at the entrance to the proposed basement carpark. 51. For stormwater control, an On-site Stormwater Detention System is to be provided in accordance with Council's Stormwater Management Manual. An overflow is to be incorporated that will direct any excess flow to the downstream drainage system and subsoil drainage is to be provided from the underside of the sediment control sump to the outlet line or other approved location. The system is to be cleaned regularly and maintained to the satisfaction of Council. NOTE 1 : The on-site stormwater detention system and property drainage system is not to require excavation or fill underneath the canopy areas of any trees to be retained unless as approved by a qualified arborist's certification that such excavation will not affect the longevity of the subject tree(s). NOTE 2 : If the applicant wishes to vary the prescribed storage and outflow volumes contained in Council's Stormwater Management Manual, a detailed analysis must be provided following the guidelines set out in Council's requirements for on-site detention with full computations accompanying the submission including a flood routing analysis. NOTE 3 : All roof, driveway and other hard-surface runoff water is to be intercepted and directed to the on-site stormwater detention system. If some areas of hard-surface are unable to be directed to the detention system an adjustment to the rate of discharge is to be made to attain the required site discharge. NOTE 4: If a landscaped surface type detention system is used the storage volume required is to be increased by 20%. NOTE 5: The standard Council On-site Stormwater Detention Calculation Sheet is to be completed and included on design drawings. 52. Provision of suitable oil separator units in the drainage system of the basement carparking area which are designed to remove oils and sediment from any water runoff from this areas prior to discharge to the stormwater system. 53. In order to provide for carwashing, a section of the basement carpark, which may include one of the visitor spaces, is to be designed as a carwashing bay. This bay is to provide a water tap and runoff collection which is to be directed to the sewer system. Suitable signposting advising of the carwashing bay, to encourage use by residents, is to be provided. Approval from Sydney Water to the proposed facility is to be obtained. 54. The proposed driveway exit to Grosvenor Street is to meet the pedestrian sight distance requirements of Section 3.2.4 of AS2890.1. 55. A 1.8 metre high privacy screen is to be erected on the western side of the family room balcony of Unit 8. 56. There is to be no change to the existing ground levels for a 4 metre radius around the scribbly gum which is located adjacent to the southern boundary, except where the radius includes any part of the approved building. CONDITIONS TO BE COMPLIED WITH PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE 57. The Long Service Levy is to be paid to Council in accordance with the provisions of Section 34 of the Building and Construction Industry Payments Act 1986 prior to the issue of the Construction Certificate. Note: Required if cost of works exceed $25,000.00. 58. It is a condition of consent that the applicant, builder or developer or person who does the work on this residential building project arrange the Builders Indemnity Insurance and submit the Certificate of Insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Council or other Principal Certifying Authority for endorsement of the plans accompanying the Construction Certificate. It is the responsibility of the applicant, builder or developer to arrange the Builder's Indemnity Insurance for residential building work over the value of $12,000 and to satisfy the Council or other Principal Certifying Authority by the presentation of the necessary Certificate of Insurance so as to comply with the applicable requirements of Part 6 of the Home Building Act 1989. The requirements for the Builder's Indemnity Insurance does not apply to commercial or industrial building work or for residential work less than $12,000, nor to work undertaken by persons holding an Owner/Builder's Permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work). 59. The Infrastructure Restorations Fee calculated in accordance with the Council's adopted schedule of Fees and Charges is to be paid to the Council prior to any earthworks or construction commencing. The applicant or builder/developer will be held responsible for and liable for the cost any damage caused to any Council property or for the removal of any waste bin, building materials, sediment, silt, or any other article as a consequence of doing or not doing anything to which this consent relates. "Council Property" includes footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, litter bins, trees, shrubs, lawns mounds, bushland, and similar structures or features on road reserves or any adjacent public place. Council will undertake minor restoration work as a consequence of the work at this site in consideration of the "Infrastructure Restorations Fee" lodged with the Council prior to the release of the Construction Certificate. This undertaking by the Council does not absolve the applicant or Builder/developer of responsibility for ensuring that work or activity at this site does not jeopardise the safety or public using adjacent public areas or of making good or maintaining "Council property" (as defined) during the course of this project. 60. Prior to commencing any construction or subdivision work, the following provisions of the Environmental Planning & Assessment Act, 1979 (the 'Act') are to be complied with: (a) A Construction Certificate is to be obtained in accordance with Section 81A(2)(a) of the Act. (b) A Principal Certifying Authority is to be appointed and Council is to be notified of the appointment in accordance with Section 81A(2)(b) of the Act. (c) Council is to be notified in writing, at least two (2) days prior to the intention of commencing buildings works, in accordance with Section 81A(2)(c) of the Act. (d) Should the development be certified by a Principal Certifying Authority other than Council, a fee for each Part 4A Certificate is to be paid to Council on lodgement of those Certificates with Council. 61. A contribution is to be paid for the provision, extension or augmentation of community facilities, recreation facilities, open space and administration that will, or are likely to be, required as a consequence of development in the area. TOTAL CONTRIBUTION FOR THIS DEVELOPMENT OF ADDITIONAL SEVEN (7) DWELLINGS IS CURRENTLY $84828.1. The amount of the payment shall be in accordance with the Section 94 charges as at the date of payment. The charges may vary at the time of payment in accordance with Council's Section 94 Contributions Plan to reflect changes in land values, construction costs and the consumer price index. This contribution shall be paid to Council prior to the release of the Construction Certificate and the amount payable shall be in accordance with the Council's adopted Section 94 Contributions Plan for Residential Development, effective from 20 December 2000, calculated for additional person as follows: 1. Preparation of New Residents Kit $10.98 2. New Resident Survey $9.87 3. New Library bookstock $17.95 4. New Public Art $2.93 5. Acquisition of Open Space - Roseville $3,931.00 - Lindfield $7,851.00 - Killara $7,851.00 - Gordon $7,851.00 - St Ives $7,851.00 - Pymble $1,966.00 - Turramurra/Warrawee $1,966.00 - Wahroonga $7,851.00 6. Koola Park upgrade and reconfiguration $143.09 7. North Turramurra Sportsfield development $986.80 8. Section 94 2000-2003 Study and Interim Plan preparation cost $49.34 9. Section 94 Officer for period of Plan 2000-2003 $118.42 10. Preparation of New SEPP 5 Residents Kit $22.44 11. SEPP 5 S94 Study and Interim Plan, 2000-2003 $108.95 To obtain the total contribution figure the occupancy rate for all SEPP 5 developments is 1.3 persons 62. The Construction Certificate shall not be released until a Site Management Plan is submitted to the Principal Certifying Authority and approved by a suitably qualified professional. The plan shall indicate the planned phases of the construction work, erosion and drainage management, tree protection measures, areas nominated for storing materials, site access and where vehicle parking is proposed, during construction. 63. The submitted landscape plan is not approved. An amended plan and specification of the proposed landscape works for the site shall be prepared in accordance with Council's Development Control Plan No 38, by a Landscape Designer to enhance the amenity of the built environment and protect the Ku-ring-gai landscape character. The plan must be submitted to and approved by the principal certifying authority prior to the release of the Construction Certificate. 64. A plan detailing screen planting of the northern, western and southern site boundaries shall be submitted to and approved by the principal certifying authority prior to the release of the Construction Certificate. The plan shall incorporate species capable of attaining a height of 3.0, 4.0 and 3.0 metres respectively. 65. The property shall support a minimum number of fourteen (14) trees that will attain 13.0 metres in height on the site, to preserve the tree canopy of Ku-ring-gai, in accordance with Council's policy of Tree Retention/Replenishment on Residential Allotments adopted 26 April 1988. The existing tree/s, and additional tree/s to be planted, shall be shown on the Landscape Plan/Site Plan. The plan shall be submitted to and approved by the principal certifying authority prior to release of Construction Certificate. 66. The twelve (12) trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 5.0 metres whereby they will be protected by Council's Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species. 67. A cash bond/bank guarantee of $16 000.00 shall be lodged with Council as a Landscape Establishment Bond prior to the release of the Construction Certificate to ensure that the landscape works are installed and maintained in accordance with the approved landscape plan or other landscape conditions. Fifty percent (50%) of this bond will be refunded upon issue of the final Certificate of Compliance, where landscape works as approved have been satisfactorily installed. The balance of the bond will be refunded 3 years after issue of the building certificate, where landscape works has been satisfactorily established and maintained. It is the responsibility of the applicant to notify Council in relation to the refunding of the bond at the end of the 3-year period. Where a change of ownership occurs during this period it is the responsibility of the applicant to make all arrangements regarding transference of the bond and to notify Council of such. 68. A cash bond/bank guarantee of $5 000.00 shall be lodged with Council prior to the release of the Construction Certificate to ensure that the following trees are maintained in the same condition as found prior to commencement site development work. The bond will be returned following issue of the final Certificate of Compliance, provided the trees are undamaged. In the event that any specified trees are found damaged, dying or dead as a result of any negligence by the applicant or its agent, or as a result of the construction works at any time during the construction period, Council will have the option to demand the whole or part therefore of the bond. Tree/Location Ulmus parvifolia (Chinese Elm) ($4,000.00) Centrally located within front setback Eucalyptus racemosa (Scribbly Gum) ($1,000.00) Adjacent to southern site boundary in rear garden 69. The applicant will use its best endeavours to ensure that no underground services (ie water, sewerage, drainage and gas) shall be laid beneath the canopy of any tree protected under Council's Tree Preservation Order, located on the subject allotment and adjoining allotments. Where it is necessary to place any such services in these locations, that work will be done under the direct supervision of a qualified arborist and proper methods employed to protect and preserve any such trees. A written report from the consulting arborist is to be submitted to the principal certifying authority, with a copy to Council, detailing the works and methods undertaken to ensure the ongoing health and viability of the trees to be retained, immediately after the installation of underground services. A plan detailing the routes of these services shall be submitted to the Principal Certifying Authority for approval prior to the release of the Construction Certificate. 70. Prior to issue of the Construction Certificate footpath and driveway levels for any fully new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Council. Such levels are only able to be issued by Council under the Roads Act 1993 . All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings" or as specified by Council. These are issued with alignment levels after completing the necessary application form at Customer Services and payment of the adopted fee. The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements. The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the alignment levels fixed by Council may affect these. Approval of this Development Application is for works wholly within the property. DA consent does not imply approval of footpath or driveway levels, materials or location within the road reserve regardless of whether this information is shown on the application documents. Note 1: The construction of footpaths and driveways outside the property, in materials other than those approved by Council, is not permitted and Council may require immediate removal of unauthorised installations. Note 2: When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant Development Application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment. Failure to submit this information may delay processing. 71. Prior to the issue of the Construction Certificate, longitudinal driveway sections are to be prepared by a qualified civil/traffic engineer and be submitted for approval by the Principal Certifying Authority (PCA). These profiles are to be at 1:100 scale along both edges of the proposed driveway, starting from the centreline of the frontage street carriageway to the proposed basement parking slab. The driveway profiles must demonstrate the following: (a) That vehicular access can be obtained using grades of 25% (1 in 4) maximum and (b) That all changes in grade (transitions) comply with Australian Standard 2890.1 -"Off-street car parking" (refer clause 2.5.3) to prevent the scraping of the underside of vehicles. If a new driveway crossing is proposed then the longitudinal sections must incorporate the driveway crossing levels as issued by Council upon prior application. 72. The Applicant must carry out the following infrastructure works in the Public Road: (a) Relocate Council's surface inlet pit which is in the centre of the proposed vehicular crossing. Development Consent under the EP&A Act does NOT give approval to these works on Council property. THE APPLICANT MUST OBTAIN A SEPARATE APPROVAL UNDER SECTION 138 AND 139 OF THE ROADS ACT 1993 for the works in the Public Road, required by this condition. The Construction Certificate must not be issued, and these works must not proceed, until Council has issued a formal written consent under the Roads Act 1993 . To obtain consent under the Roads Act 1993 for the infrastructure works on Council property, full engineering drawings (plans, sections and elevations) and specifications for the infrastructure works are to be prepared by a suitably qualified and experienced consulting civil engineer. These must be submitted and approved by Council prior to issue of the Construction Certificate. Construction of the works must proceed in accordance with any conditions attached to the Council Roads Act 1993 approval. All works are to be designed in accordance with Council's "Specification for Road and Drainage Works". In addition, the drawings must detail existing services and trees affected by the works, erosion control requirements and traffic management requirements during the course of works. Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 - 1996 - Field Guide for Traffic Control at Works on Roads - Part 1 and RTA Traffic Control at Work Sites (1998). NOTE 1: A minimum of three (3) weeks will be required for assessment of Roads Act submissions. Early submission is highly recommended to avoid delays in obtaining a Construction Certificate. NOTE 2: An engineering assessment fee (set out in Council's adopted fees and charges) is payable and Council will withhold any consent and approved plans until full payment of the correct fees. NOTE 3: Plans and specifications must be marked to the attention of Council's Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number. 73. Submission for approval with the Construction Certificate of a Soil and Erosion Control Plan prepared in accordance with the NSW Department of Housing document "Managing Urban Stormwater - Soils and Construction" (1998) by a suitably qualified and experienced civil engineer or surveyor. Such controls should include but not be limited to appropriately sized sediment basins, diversion systems, appropriate controls for each stage of works identified and barrier fencing which maximises and protects areas which are not to be disturbed. The plan must also specify inspection and maintenance regimes and responsibilities and rehabilitation measures. 74. Submission for approval with the Construction Certificate of certification by a qualified Chartered Civil Engineer that: (a) The dimensions of all as-constructed private carparking spaces meet the requirements of SEPP 5 (as amended December 2000). (b) That the vehicular headroom requirements of SEPP 5 (as amended December 2000) for parking spaces and AS2890.1 are met especially at the entrance and exit thresholds. This is to specifically include certification that headroom requirements are met beneath all suspended service lines in the basement carpark including stormwater lines. (c) The vehicular headroom requirement of 2.44 metres height clearance for waste collection trucks (DCP 40) is met from the public road into and within the applicable areas of the basement carpark. (d) All driveway access grades including transitions meet the requirements of AS2890.1 and will not result in scraping of the underside of cars. (e) The driveway exit to Grosvenor Street meets the pedestrian sight distance requirements of Section 3.2.4 of AS2890.1. (f) The first 6m of the driveway into the property is 5.5m wide as required by AS2890.1. (g) No doors or gates have been shown in the access driveway to the basement car park, which would prevent unrestricted access for internal garbage collection from the basement garbage storage area. 75. Provision to Council prior to the issue of a Construction Certificate of a $10,000.00 bond to cover the restoration by Council of any damage to Council's infrastructure in the public road along the frontage or within close proximity to the subject development, or for any incomplete works, caused as a result of construction works relating to the subject development. The bond shall be refundable following completion of all works relating to the proposed development or completion of any maintenance period stipulated in this consent for works in the public road upon approval by Council's Development Engineer. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in the following circumstances: (h) Where the damage constitutes a hazard in which case Council may make use of the bond immediately. (i) The damage has not been repaired, or incomplete works have not been completed, by the Applicant within 48 hours of the issue by Council in writing of instructions to undertake such repairs or works. 76. Provision of a 5 000 litre rainwater tank, located to be readily used for landscaping watering purposes. Details to be submitted for approval with the Construction Certificate. NOTE 1: If abutting a wall of the dwelling, rainwater tanks must be below the eaves line. NOTE 2: Rainwater tanks must not be located on the front façade of a dwelling. NOTE 3: If rainwater tanks are to be attached to a structure then a structural engineer is to certify the adequacy of the design of the structure to carry the tank. NOTE 4: Maximum height of a rainwater tank is 1.8 metres above natural ground level where installed along the side boundary setback of a dwelling. NOTE 5: Rainwater tanks to be commercially manufactured tanks designed for the use of water supply and to be installed in accordance with manufacturers specifications. NOTE 6: Rainwater tanks to be fitted with a standard garden tap or similar which is to be clearly marked as not to be used for drinking purposes. NOTE 7: Rainwater tanks to be fitted with measures to prevent mosquito breeding. 77. The property drainage system shall be designed and prepared by a suitably qualified and experienced engineer or surveyor based upon 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence) for impervious surfaces and in accordance with Council's Stormwater Management Manual. Design drawings shall be submitted and approved by the Principal Certifying Authority with the Construction Certificate. NOTE 1: The property drainage system is not to require excavation or fill underneath the canopy areas of any trees to be retained unless as approved by a qualified arborist's certification that such excavation will not affect the longevity of the subject tree(s). NOTE 2: If the proposed drainage system involves piping underneath or within the building then the designer is to certify that the design is in accordance with AS3500.3.2:1998 and the BCA. NOTE 3: To avoid the potential for continual surface water flows, groundwater seepage or subsoil drainage discharges are to be directed to drainage systems which connect to downstream public piped drainage systems without the need for surface flow. 78. The provision of permanent stormwater pollution control measures. Such measures are to capture suspended solids and nutrient runoff from the whole as-constructed development and be readily maintainable. Details are to be provided for approval with the Construction Certificate. 79. Full design drawings of the proposed method of achieving the requirements for on-site stormwater detention and supporting calculations are to be prepared by a suitably qualified and experienced consulting engineer or surveyor and submitted to and approved by the Principal Certifying Authority with the Construction Certificate. 80. Provision of certification with the Construction Certificate by a suitably qualified and experienced hydraulic engineer that: (j) All habitable and garage floor areas are safeguarded from stormwater inundation during times of overland flow during rainfall events that lead to runoff rates exceeding the sub-surface drainage collection and conveyance capacity, in which case the design overland flow rate to be adopted is the maximum100 year runoff rate less the capacity of the subsurface drainage system, or during rainfall events when the sub-surface system is fully blocked in which case the design overland flow rate to be adopted is the maximum 5 year runoff rate with no reduction for the (fully blocked) sub-surface drainage system. (k) Such overland flows are appropriately managed on-site and are conveyed to the downstream drainage system without impact on adjoining private property(s). 81. Prior to the issue of the Construction Certificate, a suitably qualified and experienced geotechnical engineer is to investigate and certify that the proposed excavations required by the subject development will not affect the footings of structures on neighbouring properties by any means including consideration of zones of influence and watertable drawdown and that subsurface aquifers/ ground waters will not be redirected to cause nuisance to any neighbouring properties.

CONDITIONS TO BE COMPLIED WITH PRIOR TO WORK COMMENCING 82. Prior to the commencement of any work, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder who intends to carry out the approved works. 83. External finishes and colours are to be sympathetic to the surrounding environment. Samples of materials and finishes are to be submitted to and approved by Council prior to the commencement of work. 84. To preserve the following tree/s, no work shall commence until the area beneath the canopy of the following tree/s is fenced off at the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site. Tree/Location Radius in Metres Ulmus parvifolia (Chinese Elm) 3.0m Centrally located in front setback Eucalyptus racemosa (Scribbly Gum) 2.0m Adjacent to southern site boundary in rear garden. 85. The tree protection fence shall be constructed of galvanised pipe at 2.4 metre spacings and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres prior to work commencing. 86. Upon completion of the installation of the required tree protection measures you are required to contact Council on telephone 9424 0888 or facsimile 9418 1117 to arrange an inspection of the site, in this regard a minimum of 24 hours notice is required. Following the carrying out of a satisfactory inspection and subject to the payment of all relevant monies and compliance with any other conditions of approval, work may commence.

CONDITIONS TO BE COMPLIED WITH PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE 87. The applicant shall create a Positive Covenant and Restriction on the Use of Land under Section 88B of the Conveyancing Act 1919, burdening the property with the requirement to maintain the site on-site stormwater detention and stormwater pollution control facilities. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" (available from Council on request) and to the satisfaction of Council. The location of the on-site detention facilities for all dwellings is to be denoted on the final plan of subdivision. 88. Prior to release of the linen plan/issue of the subdivision certificate the applicant must submit to Council (attention Development Engineers) a copy of the approved stormwater detention design, the works-as-executed drawings and the Engineer's certification of the as-constructed drainage system. This only applies where Council is not appointed the Principal Certifying Authority (PCA). These details are required to maintain Council's database of as-constructed on-site stormwater detention systems. 89. Prior to release of the linen plan/issue of the subdivision certificate, all necessary road, footpath and/or drainage works in the public road must be completed in full. All works in the public road are to be fully supervised by a suitably qualified and experienced consulting civil engineer or by such other person approved by Council's Development Engineer. On completion of all works and prior to release of the linen plan/issue of the subdivision certificate, the supervising engineer is to supply Council with certification that all of the works have been constructed in accordance with Council's specification. 90. Prior to release of the linen plan/issue of the subdivision certificate, the following works must be completed: (l) Construction of the new driveway crossing and layback in accordance with the levels and specifications issued by Council, (m) Removal of all redundant driveway crossings, pipe crossing and/or kerb laybacks. Full reinstatement of these sections to footway, and/or turfed verge and/or kerb and gutter to the satisfaction of Council. Reinstatement works shall match surrounding adjacent infrastructure with respect to marrying of levels and materials. (n) Any sections of damaged grass verge are to be replaced with a non-friable turf of native variety to match existing. Any damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired to the satisfaction of Council - at no cost to Council. 91. An easement for waste collection is to be created. This is to permit legal access for Council, Council's contractors and their vehicles over the subject property for the purpose of collecting waste from the property. The terms of the easement are to indemnify Council and Council's contractors against damages to private land or property whilst in the course of carrying out waste collection services. The terms of the easement are to be generally in accordance with Council's draft terms for an easement for waste collection. 92. For endorsement of the linen plan/issue of the subdivision certificate, the Applicant shall submit an original plan of subdivision plus six (6) copies, suitable for endorsement by the consent authority. The following details must be submitted with the plan of Subdivision and its (5) copies, where Council is the consent authority: (o) The endorsement fee current at the time of lodgement. (p) The 88B Instruments plus six (6) copies. (q) A copy of the Occupation Certificate. (r) The Consulting Engineer's certification of the on-site stormwater detention facility. This must be on the standard Council on-site detention certification sheet, available from Councils customer services. (s) A copy of all works-as-executed plans required under the consent. (t) All Surveyor's and/or Consulting Engineer's certification(s) required under this consent. (u) The Section 73 (Sydney Water) Compliance Certificate. Council officers will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan, and may require payment of rechecking fees. Note 1: Plans of subdivision and copies must not be folded. Note 2: Council will not accept bonds in lieu of completing subdivision works. Note 3: If the certifying authority is not Council, then a copy of all of the above must be provided to Council 93. For endorsement of the linen plan / subdivision certificate issue, the Applicant shall submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies. This is to create any required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the same. 94. The applicant shall create all burdens including but not limited to drainage easements, easements for services and rights-of-carriageway, as required. A registered surveyor is to certify, prior to release of the linen plan/issue of the subdivision certificate, that all existing interallotment drainage lines, services and/or driveways are fully contained within the proposed burdens and/or that future provision of such are fully covered by the proposed burdens. Alternatively, where the surveyor is of the opinion that no interallotment easements or rights-of-carriageway are required, then certification to this effect must be submitted to the Principal Certifying Authority (PCA). 95. The creation of a Restriction-on-Use under the Conveyancing Act, restricting the occupation of the premises to: (v) People aged 55 years or over, or people with a disability as defined by the provisions of the State Environmental Planning Policy for Seniors Living. (w) People who live with such people as defined in (a) above. (x) Staff employed to assist in the administration of and provision of services to housing provided in this development. 96. All parking spaces and all areas of common property, including visitor car parking spaces and on-site detention facilities, which are to be common property, must be included on the final plans of strata subdivision.

CONDITIONS TO BE COMPLIED WITH PRIOR TO OCCUPATION 97. Construction of any proposed works in the public road in accordance with the Council approved drawings and to the satisfaction of Council's Development Engineer prior to the issue of an Occupation Certificate. The works are to be supervised by the Applicant's designing engineer or surveyor who is to provide certification upon completion that the works were constructed in accordance with the approved drawings. The works are also to be subject to inspection by Council as noted on the approved drawings. Any conditions attached to the approved drawings for these works are also to be satisfied to the satisfaction of Council's Development Engineer. The completed works are to be approved by Council's Development Engineer prior to the issue of an Occupation Certificate. 98. Submission of certification to the Principal Certifying Authority prior to the issue of the Occupation Certificate from a suitably qualified and experienced civil/traffic engineer that: (y) The dimensions of all as-constructed private carparking spaces meet the requirements of SEPP 5 (as amended December 2000). (z) The as-constructed carpark complies with the approved Construction Certificate plans. (aa) That the vehicular headroom requirements of SEPP5 (as amended December 2000) for parking spaces and AS2890.1 are met especially at the entrance and exit thresholds. This is to specifically include certification that headroom requirements are met beneath all suspended service lines in the basement carpark including stormwater lines. (bb) The vehicular headroom requirement of 2.44 metres height clearance for waste collection trucks (DCP 40) is met from the public road into and within the applicable areas of the basement carpark. (cc) All driveway access grades including transitions meet the requirements of AS2890.1 and will not result in scraping of the underside of cars. (dd) The driveway exit to Grosvenor Street meets the pedestrian sight distance requirements of Section 3.2.4 of AS2890.1. (ee) The first 6m of the driveway into the property is 5.5m wide as required by AS2890.1. (ff) No doors or gates have been provided in the access driveway to the basement carpark which would prevent unrestricted access for internal garbage collection from the basement garbage storage area. 99. Prior to occupation, issue of an Occupation Certificate or issue of the Final Compliance Certificate (and at the completion of works), the applicant shall submit certification from a consulting civil/hydraulic engineer to the Principal Certifying Authority (PCA), that: (gg) Construction of the stormwater drainage system (including but not limited to gutters, downpipes, pits, joints, flushing facilities and all ancillary plumbing) has been carried out by a licensed plumbing contractor, and (hh) The works have been completed in accordance with the approved Construction Certificate drainage plans and the Plumbing and Drainage Code AS3500,.3.2, and (ii) All enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices. A Works-as-Executed (WAE) drawing of the property stormwater drainage system is to be prepared by a registered surveyor and submitted to the Principal Certifying Authority (PCA) prior to occupation, issue of an Occupation Certificate or issue of the Final Compliance Certificate. The WAE plan shall show the following as built details, marked in red on the approved construction certificate stormwater drawings: (d) As built reduced surface and invert levels for all drainage pits and connection points. (e) As built reduced level(s) at the approved point of discharge to the public drainage system. (f) Gradients of drainage lines, materials and dimensions. 100. Construction of the On-site Stormwater Detention System is to be supervised and upon completion a Certificate and Works-as-Executed drawing issued by a suitably qualified and experienced engineer or surveyor is to be submitted to the Principal Certifying Authority prior to occupation or issue of an Occupation Certificate. NOTE 1 : The Certificate is to be with respect to compliance with: (a) The soundness of the structure. (b) The adequacy of the outlet control mechanism to achieve the discharge as specified. (c) The capacity of the detention storage as specified. (d) The size of the orifice or pipe control fitted. (e) The maximum depth of storage over the outlet control. (f) The adequate provision of a debris screen. (g) The inclusion of weepholes in the base of the outlet control pit. (h) The provision of an emergency overflow path. NOTE 2: The certifying engineer and surveyor is to also complete and submit Council's standard On-site Stormwater Detention Certification sheet. NOTE 3: The Works-as-Executed drawing(s) are to include all relevant levels including: o invert levels, o surface or pavement levels, o floor levels including adjacent property floor levels, o maximum water surface level to be achieved in the storage zone, o dimensions of basin(s), tank(s), pit(s), etc., o location(s) of basin(s), tank(s) and distances from buildings, boundaries, and easements, etc., o storage volume(s) provided and supporting calculations, and o size of orifice(s). 101. In order to maintain Council's database of as-constructed on-site stormwater detention systems, if the Principal Certifying Authority is not Council then a copy of the approved stormwater detention design, the works-as-executed drawings and the Engineer's certification of the as-constructed system is to be provided to Council, attention Development Engineer, prior to occupation, the issue of the Occupation Certificate or the issue of a subdivision certificate. 102. Prior to occupation, the issue of an Occupation Certificate or the issue of a Subdivision Certificate, all disused driveway crossings, pipe crossing and/or kerb laybacks are to be reinstated as footway and kerb and/or gutter to the satisfaction of Council's Development Engineer. Any infrastructure within the road reserve along the frontage of the subject site or within close proximity which has been damaged as a result of construction works on the subject site is to be repaired to the satisfaction of Council's Development Engineer. 103. A maintenance period of six (6) months shall apply to any work in the public road after it has been completed to Council's satisfaction. In that period, the applicant shall be liable for any section of the work which fails to perform in the manner outlined in Council's specifications, or as would reasonably be expected under the designed conditions. 104. Prior to occupation, issue of an Occupation Certificate or issue of the Final Compliance Certificate, the Section 73 Sydney Water compliance certificate must be obtained and submitted to the Principal Certifying Authority (PCA).

BUILDING CONDITIONS 105. The following are required details and must be submitted to the Principal Certifying Authority prior to issue of the Construction Certificate. Any matter listed below must have a Certificate attached from a suitably qualified person to the effect that the design or matter complies with the relevant design Standard or Code which the Certificate must identify. (a) Details prepared by a practicing structural engineer for all or any reinforced concrete, structural steel or timber framing. (b) Wind bracing details complying with AS 1684-1992 National Timber Framing Code, AS 1170.2-1989 Wind Load Code or AS 4055-1992 Wind Loads for Housing Code. (c) Retaining walls and associated drainage. (d) Wet area waterproofing details complying with the Building Code of Australia. (e) Mechanical ventilation details complying with Australian Standard 1668-1993 Mechanical Ventilation & Airconditioning. (f) Glazing details complying with AS 1288-1989 Glass in Buildings and Installation Code. (g) Stormwater disposal details complying with Council's Stormwater Management Manual and/or other conditions of this consent. 106. To ensure compliance with this determination the building shall be set out by a Registered Surveyor and the Survey Report shall be lodged with the Principal Certifying Authority prior to the external wall construction proceeding above floor level. 107. For the purpose of safety and convenience a balustrade of 1.0 metre minimum height shall be provided to any landing, verandah, balcony or stairway of a height exceeding 1.0 metre above finished ground level. The design may consist of vertical or horizontal bars but shall not have any opening exceeding 125mm. For floors more than 4.0 metres above the ground, any horizontal elements within the balustrade or other barrier between 150mm and 760mm above the floor must not facilitate climbing. 108. For the purpose of safe ingress and egress the stairs are to be constructed within the following dimensions: Risers: Maximum 190mm Minimum 115mm Going (Treads): Maximum 355mm Minimum 240mm Note: Dimensions must also comply with limitations of two (2) Risers and one (1) going equalling a maximum 700mm or minimum 550mm. The Risers and Goings shall be uniform throughout the length of the stairway. 109. Termite protection which will provide whole of building protection in accordance with Australian Standard 3660 - "Protection of Buildings from Subterranean Termites" is to be provided. Council has a non chemical policy for termite control but will consider proposals involving physical barriers in combination with approved chemical systems. Handspraying is prohibited. Where a monolithic slab is used as part of a termite barrier system, the slab shall be constructed in accordance with Australian Standard 2870.1 or as designed by a structural engineer but in either case shall be vibrated to achieve maximum compaction. To ensure compliance with this condition, a Compliance Certificate or documentary evidence from a suitably qualified person is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate. 110. The following are required details and must be submitted to the Council on completion of the works. Any matter listed below must have a Certificate attached from a suitably qualified person to the effect that the design or matter complies with the relevant design Standard or Code which the Certificate must identify. a. Wet area waterproofing details complying with the Building Code of Australia. b. Mechanical ventilation details complying with Australian Standard 1684 Mechanical Ventilation & Air conditioning. c. Glazing details complying with AS 1288-1989 Glass in Buildings and Installation Code. d. Stormwater disposal details complying with Council's Stormwater Management Manual and/or other conditions of this consent. e. Waterproofing of walls/floors below ground level to prevent the entry of water into the building. f. A Registered Surveyor's Report on completion of footings but before external walls are above floor level verifying compliance with this consent. g. A Compliance Certificate that the development complies with the relevant design standards of Clause 13A State Environmental Planning Policy No 5.

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.