Land and Environment Court Approves Landscaping Modifications for Historical Site

The Land and Environment Court of New South Wales allowed modifications to the development consent for landscaping at a historical site, subject to compliance with conservation policies and plans, ensuring the preservation of the site's historical and environmental significance.

OUTCOME: Allowed

Land and [ADDRESS] of New South Wales

CITATION : [COMPANY_1] v Randwick City Council [2009] NSWLEC 1393

APPLICANT [COMPANY_1] PARTIES : RESPONDENT Randwick City Council

FILE NUMBER(S) : 10297 of 2009

CORAM: Bly C

KEY ISSUES: DEVELOPMENT MODIFICATION :- heritage, landscape, adaptive reuse.

Environmental Planning and Assessment Act 1979 Randwick Local Environmental Plan 1998. LEGISLATION CITED: Conservation Management Plan for the Prince Henry Site 2002 Specific Elements Conservation Policy for the [NAME_2]. Development Control Plan 2004 - Prince Henry Site Master Plan for the Prince Henry Site 2003

DATES OF HEARING: 8 and 23 October 2009 and 12 November 2009

DATE OF JUDGMENT: 26 November 2009

APPLICANT [NAME_3] (Solicitor) SOLICITOR [NAME_3] LEGAL REPRESENTATIVES:

RESPONDENT [NAME_4] (Solicitor) SOLICITOR [NAME_5]

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

26 November 2009

10297 of 2009 [COMPANY_1] v Randwick City Council

JUDGMENT Introduction 1 In response to the arrival of smallpox in [NAME_6] in 1881, the government of the day set up a temporary "sanitary camp" or quarantine station on a coastal bushland site at Little Bay on the La Perouse Peninsula. The camp was officially commissioned as a hospital in December of that year and was known as "the Coast Hospital". In 1934 it became the Prince Henry Hospital of [NAME_6].

2 Whilst no longer used as a hospital, remaining existing buildings and structures represent the key phases of development at the site that, together with natural, archaeological, landscape and other features; provide evidence of its use for over 120 years.

3 According to the Australian Heritage Database, the Prince Henry site has aboriginal, social, historic, architectural, scientific and aesthetic significance. The site was listed on the State Heritage Register in 2003.

Development consent 4 On 21 October 2008 the Randwick City Council granted conditional development consent (DA/207/2008) for the following lands within the Prince Henry site: 8-[ADDRESS] & 8-[ADDRESS] & 6-[ADDRESS] & 18-[ADDRESS] & 22-32 [ADDRESS] [POSTCODE]. 5 This consent is for the purposes of the: "Adaptive reuse of [NAME_2] 2, 4, 5 & 6 and Hill Theatre 2 for residential development comprising 18 residential dwellings with associated car parking for 45 vehicles, landscaping & strata subdivision …" Modification application 6 The applicant in these proceedings now seeks the modification of this consent pursuant to s 96(1A) of the Environmental Planning and Assessment Act 1979 with respect to conditions 1, 4, 14, 73 and 74. Condition 1 identifies the relevant architectural plans. Condition 4 in essence prohibits hedges, fences, shrubs, trellises, ground cover plants or other fixtures. Condition 14 requires compliance with the Heritage Council's General Terms of Approval and conditions 73 and 74 in effect require that site landscaping is to be consistent with these terms.

7 According to the Statement of Facts and Contentions the proposed modification as described in Exhibit A: "... essentially seeks to allow for additional landscaped features namely 1 m wide and 0.5 m high hedges, climbers on stainless steel trellises, trees and planting beds in the landscaped areas of the [NAME_2] as shown in the submitted landscape drawings..." 8 As shown on the applicant's landscape plan the proposed hedges are to comprise Westringia fruiticosa - Coast Rosemary planted at 600 mm centres. The landscape plan also indicates the location of a number of proposed previously approved trees (Banksia integrafolia - Coastal Banksia and Metrosideros excelsia - Christmas Tree) as well as the existing retained trees. The Coastal Banksia has a mature height of 8 m and a spread of 4 m and the Christmas Tree has a mature height of 12 m and a canopy spread of 7 m. These trees are to be planted in a "symmetrical tree planting layout" in the grassed areas between the proposed hedges and the [NAME_2] buildings.

9 The modification application has not been approved and the applicant has now appealed to this Court.

10 The appeal was initially conducted as and on-site hearing when the applicant tendered amended plans (Exhibit B) that modify the hedge design. The original hedge design in Exhibit A provides for hedging adjacent and parallel to the kerbs of the access roads beside and between [NAME_2] 2, 4, 5 and 6 with perpendicular returns at the ends of the buildings and at various locations in between. The amended plans in Exhibit B delete all of these returns other than those at the ends of the buildings.

11 The hedges are said by the applicant to merely delineate the boundary between essentially public spaces and those spaces available for the common use of the residents of the apartments that are to be created by way of the adaptive reuse of the [NAME_2]. 12 This judgment concludes that the appeal should be upheld and the consent is modified accordingly. Heritage Council of NSW 13 The council referred the modification application to the Heritage Council of NSW in November 2008. In response the Heritage Council advised that it objects to the proposal, essentially because the landscaping works fail to meet the relevantly applicable landscape provisions of the Prince Henry Site, Little Bay, [COMPANY_2] Policy (April 2006) and the Prince Henry Site, Little Bay Conservation Management Plan (February 2003) in that: "The delineating of private open spaces abutting the east and west ward buildings by using fences, ascent (sic) hedging, ground cover or any other measures will create an unacceptable impact on the integrity of the spatial setting of the buildings in the historic precinct..." 14 The Heritage Council nevertheless advised that it: "... does not object to the proposed modification of the development consent to screen the weathered brick foundations with plantings on stainless steel trellis on the eastern facade of [NAME_2] 5 and 6 as shown on drawing L105, Issue C dated 4/11/2008" Council's Planning Committee 15 In March 2009 Council's Planning Committee determined the application by granting approval only for the modifications relating to the installation of trellises and associated climbers being those matters not opposed by the Heritage Council. Planning and other controls 16 The planning and other controls that are said by the respondent to the applicable are: o The Randwick Local Environmental Plan 1998. o The Conservation Management Plan for the Prince Henry Site 2002(amended 2003). o The Specific Elements Conservation Policy for the [NAME_2]. o The Prince Henry Site - Development Control Plan 2004. o The Master Plan (Deemed Development Control Plan) for the Prince Henry Site 2003.

Randwick Local Environmental Plan 1998 17 There are a number of provisions in Randwick Local Environmental Plan 1998 that are the council says are relevantly applicable to this application. Clause 9 of the LEP provides that development consent may be granted only after consideration of: "... the extent to which the proposed development is consistent with the general aims of this plan and the specific objectives of the zone within which the development is proposed." 18 The relevantly applicable general aim of the LEP is contained in Clause 2, being: "... to ensure the conservation of the environmental heritage and aesthetic character of the city." 19 Being included in Zone 2D (Residential D - [NAME_7]) the zone objective that the respondent says would not to be complied with is: "(b) to enable development that is not inconsistent with a master plan adopted under clause 40A." 20 In this regard the above-mentioned Master Plan is said to be relevantly applicable. 21 It was not in dispute that the objectives of the Residential D zone that deal with the redevelopment of land for "... residential and open space purposes" in a "... variety of density and housing forms" are would not be infringed by the modification proposal.

22 Also applicable is cl 43(1) and (3) of the LEP that provides for the obtaining of development consent to alter heritage items subject to the consideration of the impact of the proposal on the heritage significance of the item.

23 The consideration in this judgment of the planning controls, reports and expert evidence tendered during the hearing indicates compliance with the requirements of cll 9 and 43 of the LEP. Prince Henry Site-Development Control Plan 2004 24 The objectives of the Prince Henry Site-Development Control Plan 2004 relevantly include the conservation of the heritage significance of the Prince Henry site and to ensure that development reflects the principles of the adopted master plan for the site. 25 Clause 2.5 deals with landscape and notes that the Prince Henry area has: "... an open, green and uncluttered landscape quality that contributes to the setting of its heritage buildings, while retaining ocean and coastal views." 26 Clause 2.10 describes the desired future character of the Prince Henry site including the need to maintain: "... an appropriate setting for the heritage elements..." and which "... builds upon the existing character". 27 The note in Clause 4.7 that deals with landscaped area and private open space explains that: "Landscaped area requirements ensure spaces between buildings. Generous landscaped areas should be provided between buildings to retain the Prince Henry site's original character of buildings in a strong, open landscaped setting." 28 The associated objectives include the need: "To ensure that new landscaping does not visually dominate significant built and landscape heritage items, or obscure key views." 29 The note in clause 4.13 that deals with visual privacy explains that: "It is important to ensure residents have a reasonable level of privacy without compromising views, outlook, ventilation or solar access." 30 The associated objectives include the need: "To maximise outlook and views from habitable rooms and private open spaces without compromising visual privacy." 31 The note in clause 4.16 that deals with fences explains that: "It is important that the type and style of fencing on the Prince Henry site is consistent with the principle of buildings in a landscape setting, and continuing the character of the existing heritage buildings on site. 32 The associated objectives and performance criteria comprise: o "To define the edges between public and private land. o To provide privacy and security. o To contribute positively to the public domain."

And:

"Solid front fences facing the street are to be no higher than 1.2 m ... provided that this does not adversely affect the setting of the heritage buildings and the open character of the site." 33 Clause 4.17 deals with safety and security involving formal and informal measures to protect properties, residents and visitors. The associated objectives and performance criteria are: o "To encourage [NAME_8] design that provides casual surveillance of streets and open space areas. o To provide a safe and secure living environment for residents and visitors. o To promote the design of buildings and open space areas which encourage community safety and reduce the opportunity for crime."

And:

"The demarcation between public, communal and private areas in a development is to be clearly recognizable". 34 Clause 7.6 deals with the Historic Precinct that includes the [NAME_2] buildings. The precinct objectives include the need: o "To conserve significant built and landscape elements while adapting them to suitable new uses. o To ensure that new development respects the historic structure and layout of the precinct and relates sympathetically to significant built and landscape elements within the precinct." 35 Relevant landscaping and heritage performance criteria in clause 7.6 comprise: "vii landscape planting is to compliment and not compete with the highly significant plantings of Norfolk Island pine trees along Pine Ave. ix the historically open character of the landscape in the precinct should be retained. x new planting should be in accordance with the suggested species list... (this list includes Westringia fruiticosa - Coast Rosemary) xi all development must be in accordance with the Conservation Management Plan, Archaeological Management Plan and any relevant Specific Elements Conservation Policy and must demonstrate that: + historic and visual relationships of buildings and groupings of buildings are retained; + the symmetry and axial siting of the [NAME_2] and [NAME_10] buildings is respected and reinforced; + that adequate curtilages and settings are defined, protected and maintained around significant buildings, groups of buildings and spaces; + that a consistent approach to the conservation of the [NAME_2] and their settings is maintained."

Specific Elements Conservation Policy 36 The Specific Elements Conservation Policy (2006) provides a set of policies for the conservation and management of the [COMPANY_2] that I understand is to be read in conjunction with the Conservation Management Plan. It contains a number of photographs (Figures 2.1 – 2.6) that relevantly provide an understanding of the character of the landscaping around the [COMPANY_2] from the early 1920s, 1930s, 1950s, 1964 and 1976.

37 Section 4.1.2 contains the strategy for the [COMPANY_2]: "The [COMPANY_2] is one of the oldest and most prominent contributors to the heritage values of the Prince Henry site. While the individual wards are fine and relatively intact examples of early 20th century hospital buildings, the group value is much greater than the sum of the parts.

The strategy for the [COMPANY_2] primarily aims to maintain the characteristics that inter relate the buildings and reinforced the historic and aesthetic values as a group. That is, to restore the buildings to a unified presentation in an appropriate setting as close as possible to the original design.

The strategy for the setting of the group is to pare the plantings and landscape treatment back to the simplicity of the 1930s landscape character. This would retain the road grid, open lawns, symmetrically arranged feature plantings and the 'hourglass' paths associated with the central and eastern entries." 38 The landscaping conservation policies in section 4.3.4 include the need to: o "Preserve and reinstate the significant character of the early landscape layout throughout the group including the open areas of lawn and formal plantings. o Maintain the formalised layout of shrubs and trees in the open landscaped area to the north of [NAME_2] 1, in association with open lawn area, as shown in early documentation. o The former garden area, on the site of the current car park area to the north of [NAME_2] 3 should be reinstated, while the generally open character should be retained." 39 The recommended approach to plantings relevantly involves: o "Preserve, reinstate and upgrade the significant (1930s) plantings throughout the group including formal shrub plantings to each ward (particularly on the east and west elevations); and o Additional garden beds, tree or shrub plantings, hedges, trellised plantings or plants in containers are not recommended for the main lawn areas on the east and west of the wards" Conservation Management Plan 40 The Conservation Management Plan - Prince Henry Site Little Bay 2002 (amended 2003), is to be found in the Prince Henry Site Master Plan (2003) as approved by the Heritage Council.

41 Section 4.7.5 of the Management Plan deals with site curtilage and the associated Figure 4.4 establishes the relative significance of landscape elements within the site. In particular it identifies the lands surrounding and between the buildings comprising the [NAME_2] as having "exceptional significance" (the highest possible ranking). These lands comprise the "curtilage and setting of [NAME_2], including vistas and foundation stone".

42 Section 6.4.2 deals with the management and conservation of the historic precinct in relation to natural and cultural landscape elements requires: o "Retain and landscape significant open space areas within the historic precinct in accordance with the specific landscape policies. o Retain the historic open character of the historic precinct. The spaces around the [NAME_2] would remain open, unsubdivided and uncluttered by new structures such as fences, walls, carports or excessive planting." 43 Section 6.8 6 deals with spaces and provides that: o Retain significant spaces around and between buildings to conserve appropriate curtilages and retain landscape character, e.g. curtilages of [NAME_2], settings of cottages, their garages and ornamental plantings in suitable curtilage..." 44 Section 6.8.7 deals with views and vistas and provides that: o "Incorporate new plantings in the Historic Precinct in such a way that they enhance views, not detract from them." 45 Section 6.8.8 deals with layout and provides that: o Maintain significant layout and plantings of important cultural landscapes. o Conserve significant elements of landscape design, e.g. significant road layouts (historic road alignments), pathways, retaining walls and original (early) kerbing." 46 Cultural landscape is dealt with in section 6.14.1: "It is essential that the broad landscape context of the site be documented, conserved and interpreted as well as any significant site components. Many of the historical themes relevant to the site can be demonstrated by the natural and cultural landscape and particular landscape elements within them. (and) the landscape's ability to demonstrate particular themes or groups of themes must be determined for input to interpretive planning. (and) the hospital buildings and their associated landscape can demonstrate the theme of [NAME_11]." 47 The Management Plan also, in section 12.2.4, states that: "The curtilage of the [NAME_2] have always essentially been bare, with only lawn and a few shrubs or trees. Historic photographs (circa 1930s) show regularly-spaced shrubs or immature trees along the western side of the eastern wards. These may have been the Metrosideros excelsior specimens, some of which survive.

Any new planting around the [NAME_2] should be informed by historic documentary records and should be minimised to avoid uneven moisture differentials from one side of the buildings to the other. Limited ornamental planting might include hardy species such as Coprosma repens and Agave attenuata." Contentions 48 The issues said by the council to be in dispute are that the proposed modification to install new hedges into the lawn areas of the [NAME_2] buildings will detract from the historically significant open landscaped setting of these buildings. It would thus be: "... detrimental to the historically significant open landscaped setting of the [NAME_2] buildings, and, in effect, the heritage significance of these buildings." 49 This contention relies on the particularised (above) planning and other controls, especially in relation to the "... historic open landscaped setting of the [NAME_2] buildings" that have "... been recognized as a significant historic feature of the [NAME_2] buildings".

50 Relevantly here the Heritage Council of NSW specifically refused to include the installation of the proposed new hedges into the lawn areas of the [NAME_2] in its general terms of approval (GTA) for the original proposal primarily as these new features would have an adverse impact on the historical setting of the [NAME_2] buildings contrary to the provisions of the Conservation Policy for the [NAME_2] 2, 4, 5 and 6. This position has been reinforced in the Heritage Council's subsequent advice that it is not agreeable to any modification to the GTA to accommodate the subject s 96 amendment. 51 Having inspected the site and taking into account all of the evidence it is my opinion that the council's reasons and contentions can be condensed to the following: The proposed new hedges would detract from the historically significant open landscaped setting of the [NAME_2] buildings and would thus also detract from the heritage significance of the buildings themselves. The expert evidence 52 Expert town planning evidence was provided by [NAME_12] (respondent) and by [NAME_13] (applicant) in a joint report. Expert heritage evidence was provided by [NAME_14] and [NAME_15] (respondent) and by [NAME_16] and [NAME_17] (applicant) in four separate reports and one joint report. [NAME_12] and [NAME_13] were in disagreement as to whether the proposal was consistent with the aims and objectives of the LEP and the 2D zone and the LEP's heritage requirements and the objectives and various other provisions of the DCP. [NAME_14], [NAME_15], [NAME_16] and Mr. [NAME_17] were also in disagreement as to whether the proposal would comply with the various requirements of the planning controls.

53 In her principal report, Ms [NAME_15] concluded that the proposed landscape modifications would have an unacceptable adverse heritage impact on the setting of the [NAME_2] and in turn on the historic precinct of the Prince Henry site as a whole. Also, the landscaping would be inconsistent with the heritage policies, recommendations and management requirements of the management plan, the conservation policy and the DCP.

54 [NAME_14] concluded that the series of general and specific policies of the Management Plan and the conservation policy that require the preservation and restoration of "the spatial layout as close as possible to the original design of the period (1915-1934) " would not be met. This is because the proposed hedging would be inconsistent with the "open lawns with some ornamental formal shrub plantings" that existed during the relevant period. Also the proposed hedging would create separate spaces in front of the [NAME_2] buildings that would compromise the curtilage of these buildings.

55 In his evidence [NAME_16] concluded that the proposed landscape modifications would have a minor and acceptable effect on the heritage significance of the Prince Henry's site in general and the [NAME_2] buildings in particular. The low hedging is a reasonable and practical solution to the need for the management of the adaptive, residential use of the buildings. It will be readily reversible, unlikely to have any impact on the physical fabric of the buildings and will not block the views along the north-south road between the wards all of the east-west views between the wards. It will produce an ordered rather than a cluttered landscape.

56 [NAME_17] notes that one of the key values referred to in the Conservation Management Plan is the openness of the existing landscape and that the curtilage of the [NAME_2] buildings is essentially bare with only lawn and a few shrubs and trees. The proposed hedging will demarcate private and public spaces and would "recreate the early planting at the northern end of [NAME_2] 1". He agreed that the requirements of the Conservation Management Plan should be balanced against the needs of adapting a hospital [NAME_8] to residential use, where user and occupant needs are quite different. The hedging will delineate public and private space and avoid some privacy and security to the residents as well as providing some visual variety. The proposed landscaping will retain remnant existing plantings and the new plantings will have "historical precedents" and will retain "the sense of open space". Overall the works will comply with the Conservation Management Plan and the conservation policy. 57 The heritage experts variously make reference to a number of historic photographs of the site including the following images that were taken in 1930 and 1953 respectively.

Additional evidence 58 On 12 November 2009 the case was reopened for the purposes of considering material contained in the book titled "Nurses at Little Bay" (2nd Edition) by [NAME_18]. In particular my attention was taken to one of the images in the book comprising a photograph of what appears to be an architectural perspective titled: " THE COAST HOSPITAL AT LITTLE BAY, AS WILL APPEAR WHEN COMPLETED". This photograph appeared in the [NAME_6] in 1914 and is described in the book as "Government Architect's sketch of new Coast Hospital". An extract of this photograph showing the [NAME_2] buildings appears below.

59 This perspective was the subject of particular consideration in a further joint report between [NAME_16] and [NAME_14]. In that report [NAME_14] acknowledges that the perspective is "interesting" and represents a proposed scheme for the site although it may not represent the only proposed scheme. Whilst it is also clear that it was never fully implemented: "... the significance of the implemented scheme is not diminished or affected in any way by a proposal made at any time in the evolution of the plans for the hospital." 60 In this regard [NAME_16] was of the opinion that although the scheme depicted in the perspective was only partly realised, probably because of the "lack of funds and environmental constraints", this: "... contributes to the significance of the setting of the [NAME_2] but not to the extent that it should preclude the Section 96 Application - a sympathetic, reversible landscaping scheme that, in my opinion, is not at all at odds with the original design intent (ie low hedges parallel to the buildings and low garden beds at the ends of the buildings)." 61 [NAME_16] analysed the perspective by comparison with what was actually built and was able to conclude that: "... the overall design of the final buildings closely approximates that in the sketch... (and)... represents the [NAME_2] and their setting as was intended at the time the foundation stone for the first Ward was laid in 1914".

And:

"... is a very valuable historical record... and... suggests that there was not a conscious design intent to have lawns around the [NAME_2] but rather a complex landscaping scheme."

And:

"The landscaping appears to take the form of parterres - formal, geometric arrangements of garden beds. In my opinion these are likely to be areas of lawn bordered with low hedges, areas of lawn bordered with garden beds, or a combination of these forms." 62 [NAME_14] said that: "The scheme appears to show formal gardens to the front and rear of the proposed buildings. The gardens are quite geometric in pattern to do not appear to prevent public ingress, in fact they appear to be designed as 'pleasure grounds' for public enjoyment. It is unclear whether the gardens are edged by hedges or garden beds. 63 As for the significance of the design revealed by the perspective, [NAME_14] acknowledged its significance as a "more extensive and elaborate" scheme than that which was built. Despite this: "The drawings in no way diminish the significance of the actually built scheme and could be said to enhance it by demonstrating the vicissitudes of such projects historically.

There are many projects that were never built and they are certainly of historic interest. One example is the Old King's School, Parramatta... the original scheme is quite different to the present [NAME_8]." 64 [NAME_16] disagreed explaining that: "Sketches and plans for developments that are not completed can provide useful evidence on which to base reconstruction or recreation of buildings or landscaping. They can, in some cases, the used to guide later construction of elements that could not be realised at the time. For instance, some of [NAME_19]'s original designs for the [NAME_6] House are only now being implemented, some 35 years after the [NAME_8] was constructed." 65 [NAME_14] was also concerned that: "The use of hedges to create what in effect will be a private garden in front of the [NAME_2], would in my opinion have the potential to distort all of the historical evidence including the evidence provided by the (Government Architect's Branch) drawing. There have never been private gardens in these areas and there was never any intention to create them. 66 The essence of the dispute between [NAME_16] and [NAME_14] in relation to the question of whether the real heritage significance lies in the landscaping shown in the architectural perspective or in the landscaping of the site from time to time. In this regard [NAME_16] said: "... the design intent in the sketch and the landscaping that was actually implemented contribute to significance but the conservation of the site needs to be a balance between retention of significance and significant change to meet the needs of the adaptive reuse of four of the [NAME_2] as luxury apartments rather than 'civic buildings'." 67 [NAME_14] said: "... the uncompleted landscape 'demonstrates the historical forces at play that led to the place that we have inherited' and that the landscaping of the site should be 'the interpretation of the wards as civic buildings in an open landscape'." Court's conclusions 68 The DCP, the Conservation Policy and Management Plan contain relevant matters for consideration in the determination of this modification application. Whilst the Conservation Policy and the Management Plan predate the DCP they are nevertheless relevant and important although, to the extent of any inconsistency the more recent provisions of the DCP would be preferred.

69 In essence the DCP seeks to maintain and enhance an open, green and uncluttered landscape so as to maintain the generous spaces between and around the [NAME_2] buildings thus providing an appropriate, subordinate setting and curtilage for these buildings that have a high level of heritage significance. The Conservation Policy's strategy for the [NAME_2] involves landscaping that reflects the simplicity of the 1930's with open lawns and symmetrically arranged feature plantings including formal shrub plantings.

70 Importantly the Conservation Policy does not recommend additional garden beds, hedges (of any size) and the like for the main lawn areas to the east and west of the buildings. Similarly the Management Plan requires the retention of the historic open and uncluttered character of the precinct by avoiding excessive plantings whilst recognizing that minimised new plantings can occur. Also important is the need to use historic documentary records to inform any new plantings around the [NAME_2] in conjunction with the restoration of the buildings in a setting that is as close as possible to the original design.

71 Any proposed landscaping of the [NAME_2] curtilage must therefore respect the simplicity of the landscape character by maintaining open lawns and symmetrically arranged feature and formal plantings including ornamental trees and shrubs. New plantings are permissible but the spaces around the buildings must remain open un-subdivided and uncluttered by excessive planting.

72 In my opinion these landscape objectives and requirements should nevertheless be interpreted and applied taking into account the provisions of the DCP that acknowledge residential development opportunities where residents can have privacy, security, private open spaces and an outlook as well as the demarcation of public, communal and private areas. In some circumstances fences can be utilised. Of particular relevance are the DCP provisions that recognize the adaptive reuse of significant built and landscape elements provided of course that heritage significance is respected.

73 As referred to above, historic documentary records should be taken into account in determining any landscaping for the curtilage of the [NAME_2] buildings. Such records in this instance comprise photographs taken in the 1930s, 1950s, 1960s and more recently that indicate the nature of the landscaping over time. Such records must also include the architectural perspective that describes the Government Architect's 1914 design for the [NAME_2] and their surroundings. In my opinion this must be so notwithstanding that the DCP, the Conservation Policy and the Management Plan make no specific reference to it.

74 [NAME_14] recognized the importance of the architectural perspective however because it was never fully implemented the actually implemented landscape scheme (that is not diminished by the perspective) should be given greater weight. I do not accept this approach. Instead I believe that the approach contended by [NAME_16], that the design intent in the perspective and the actually implemented landscaping both contribute to an understanding of the heritage significance the [NAME_2] and their landscaping to be correct. Indeed it attracts weight on the basis that as explained by [NAME_16] the overall design of the final buildings closely approximates that shown in the perspective. Of course the perspective and the other photographic evidence must be considered in the light of the relevantly applicable provisions of the DCP, the Conservation Policy and the Management Plan.

75 As regards the architectural perspective I agree with [NAME_16] that this reveals an absence of design intent to simply have lawns around the buildings. Instead a complex, integrated landscape scheme to complement the [NAME_2] buildings was proposed. More particularly, as he suggests, the perspective is indicative of areas of lawn bordered with low hedges or garden beds. In this regard I accept that the subject proposed landscaped layout exhibits spatial similarities with the formal layout depicted by the perspective. Hence if this were the only test I would have no difficulty in accepting that the proposed low, formal hedges being consistent with the original design intent would be appropriate. But as I have already indicated there are other matters to be considered.

76 Apparently, for financial and/or political reasons the scheme depicted in the architectural perspective was not proceed with in its entirety and the actually implemented landscaping should also be taken into account. The photographic evidence from the 1930s through to the present day reveals the open lawn areas referred to in the controls. Around the 1930s some of these grassed areas were partially utilised as rectangular garden beds. Between the 1950s and the 1960s the photographs reveal single rows of regularly spaced trees in these lawn areas. Some of these trees had substantial canopies and many no longer exist. Relevantly here the additional approved trees in the lawn areas will also have substantial canopies and will be unaffected by the proposed hedges. I also note that the arrangement of these trees is not dissimilar to the arrangement shown in the architectural perspective. The proposed hedges will introduce a different form of landscaping into these areas but whilst future landscaping can be informed by the past I do not accept that slavish reproduction of it is imperative.

77 Clearly, the landscaping of the lands surrounding the [NAME_2] has, beginning with the architectural perspective and considering what has happened since, changed over time. Hence the question that arises is whether the now proposed further change is, in all of the circumstances, appropriate. As I have already indicated, as a response to the perspective the proposed hedges would be acceptable but they clearly have quite a different character to the existing open lawn areas with the occasional trees. However the effect of this character difference will, be significantly lessened as the approved and existing trees grow towards maturity.

78 The proposed hedges will nevertheless be contrary to the Conservation Policy recommendation that there be no hedges in the main lawn areas adjacent to the [NAME_2] buildings. But of course this is not a prohibition. Instead if this policy recommendation is not to be complied with then it is necessary to understand its purpose and to consider whether that purpose would be significantly affected. Relevantly here that purpose includes the maintenance of a simple landscape character that includes symmetrically arranged feature plantings including the formalised layout of shrubs and trees in an open landscaped area. In this context I accept the ordered and uncluttered characteristics of the proposed hedging. I can also understand how conventional height hedges of say 2 m or more would dominate and would significantly detract from an open landscaped area. However being only 0.5 m high the proposed hedges will not be dominant, will not unreasonably interfere with the intended openness of the landscaped area and will not block views along the corridors between the buildings.

79 I have already described the essential provisions of the DCP that anticipate adaptive reuse of heritage buildings, landscapes and residential development including associated aspects of privacy, security, and private open space. The conversion of the [NAME_2] to residential apartments has been approved and this conversion will be apparent as a consequence of for example the beneath [NAME_8] car parking and the associated driveways, new pedestrian accesses and the partitioning of the long verandas into separate private verandas. It is also important to recognize in this context the change of use from the original hospital wards, being a community or civic use to a private residential use. These physical changes together with the change of use will result in a significant change to the character of the [NAME_2] buildings. Plainly these changes are acceptable in the context of the high level of heritage significance of the [NAME_2] buildings and their curtilage. Also, it is not unreasonable given the change of use to residential purposes to provide the future occupants with some sense of privacy and security and the proposed hedges will, as explained by [NAME_16], provide a reasonable and practical response to this need. This is, in my opinion an important contextual consideration in dealing with the effect of the proposed hedges that leads me to conclude that there can be changes to the landscaped areas surrounding the [NAME_2] buildings.

80 The proposed hedges will, as explained by [NAME_14], nevertheless create separate spaces in front of the buildings. This is inappropriate because have never been any private gardens in these areas nor has there ever been any intention to create them. However I agree with [NAME_17] and [NAME_16] that, taking into account that an adaptive reuse of the buildings is involved, this is an acceptable outcome because heritage significance and the necessary sense of open space will be retained.

81 For these reasons I have decided that on balance, taking into account that it is associated with the adaptive reuse of the [NAME_2], the landscape proposal warrants approval because it will sufficiently retain a sense of open space and will not unreasonably interfere with any perception of this group of buildings as a whole or detract from their heritage significance. I have also given some weight to [NAME_16]'s explanation that, if for some reason it became necessary in the future, the proposed hedges would be readily reversible. It is appropriately responsive to the requirements of the LEP, the DCP, the Conservation Policy and Management Plan. The appeal is therefore upheld and the development consent amended accordingly. Orders 1. The appeal is upheld.

2. Conditions 1, 4, 14, 73 and 74 of the development consent (DA/207/2008) for the adaptive reuse of the [NAME_2] and the Hill Theatre for residential development at 8-[ADDRESS] & 8-[ADDRESS] & 6-[ADDRESS] & 18-[ADDRESS] & 22-32 [ADDRESS] [POSTCODE] is amended in accordance with Annexure A hereto.

3. Exhibit B is retained.

___________________ T A Bly Commissioner of the Court ljr

Annexure A Conditions of [COMPANY_1] v Randwick City Council

Prior to the commencement of any [NAME_8], construction, 'fit-out' or subdivision works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with Section 81A (2) (a) of the Environmental Planning and Assessment Act 1979.

Conditions of Consent:

1. The development must be implemented substantially in accordance with the plans numbered AR-DA-1-002, AR-DA-2-200, AR-DA-2-400, AR-DA-2-500, AR-DA-2-600, AR-DA-2-700, AR-DA-5-210, AR-DA-5-410, AR-DA-5-510, AR-DA-5-610, AR-DA-5-710, AR-DA-6-001, all Revision 1, stamped received by Council on 3 April 2008, the application, as amended by the landscape drawings: (i) L-100, Issue C dated 4 November 2008; (ii) L-101, Issue C dated 4 November 2008; (iii) L-102, Issue F dated 8 October 2009; (iv) L-103, Issue E dated 23 July 2009; (v) L-104, Issue C dated 4 November 2008; and (vi) L- 105, revision E dated 4 November 2008, all prepared by [NAME_20] (but deleting elements of the proposed hedge which run perpendicular to the [NAME_2], except for a 2 metre return from the street boundaries on each side of each driveway) Section 96(1A) plan L-105, Issue C, dated 4/11/2008 received by council on the 20 November 2008, and plan L-102 and L-103, Issue E, date4d 23/7/2009 received by Council on the 13 August 2009 only in so far as they relate to the modifications highlighted on the Section 96 plan and detailed in the Section 96 application, except as may be amended by the following conditions and the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached architectural plans. (Amended 26 November 2009

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

2. The external colours, materials and finishes of the proposed development and the landscaping shall be in accordance with the details submitted to Council on 3 April 2008.

3. There shall be no fixed shutters and doors constructed on the concrete column verandah facades of [NAME_2] 2, 4 5 and 6. Details shall be submitted to and approved by Council's Director City Planning, in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979 prior to construction certificate being issued for the development.

4. Deleted (Deleted 26 November 2009)

5. The open space areas abutting the east and west facades of the [NAME_2] that are designated as "CY" (that is, "Courtyard") on the draft strata plans shall be deleted and replaced as "CP" (that is, "Common Property") and denoted as such in any final subdivision plans and subsequent title deeds. Details shall be submitted to and approved by Council's Director City Planning, in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979 prior to construction certificate being issued for the development.

6. Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council.

In this regard, prior to occupation of the [NAME_8], an application must be submitted to and approved by Council's Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

7. The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details shall be submitted to and approved by Council's Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

8. Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

9. In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a 'Design Verification Certificate' must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

10. There must be no encroachment of the structure/s onto Council's road reserve, footway or public place, unless written permission has been obtained from the Council beforehand.

11. [NAME_8], plumbing and drainage work must be carried out in accordance with the requirements of the [NAME_22].

The approved Construction Certificate plans must be submitted to a [NAME_21] [NAME_23] [NAME_23] agent or Customer Centre prior to commencing any [NAME_8] or excavation works, to determine whether the development will affect [NAME_21]'s sewer and [NAME_21] mains, stormwater drains and/or easements, and if any further requirements need to be met.

If suitable, the plans will be appropriately stamped. For [NAME_23] [NAME_23] agent details please refer to [NAME_21]'s web site at www.sydneywater.com.au and go to the [NAME_8], Developing and Plumbing, then [NAME_23] [NAME_23] or [NAME_8] or telephone 13 20 92.

The principal certifying authority must ensure that a [NAME_23] [NAME_23]/[NAME_21] has appropriately stamped the plans before commencing any works.

12. Power supply and telecommunications cabling to the development shall be underground.

13. The finished ground levels external to the [NAME_8] are to be consistent with the development consent No 763/2004 and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

The following conditions are applied to meet the requirements of the Heritage Council of NSW:

14. Except as authorised by this consent, the development must be implemented substantially in accordance with the General Terms of Approval issued by the Heritage Council of NSW as detailed in the letter from the Council dated 1 August 2008. (Amended 26 November 2009

The following conditions are applied to ensure the protection of heritage and archaeological significance of the site:

15. All work undertaken in the adaptation works should generally be carried out in accordance with the principles contained in the policies of the various Conservation Management Plans for the former Prince Henry Hospital site, including all relevant Specific Elements Conservation Policies.

16. All contractors and subcontractors involved in the construction works should be briefed on the heritage significance of the buildings prior to work commencing.

17. A photographic archival record of both exteriors and interiors should be carried out in accordance with NSW Heritage Office guidelines prior to any work being commenced. Photographs should be taken progressively during the construction process to enable a record of exposed fabric which may be removed, reinstated or covered again as part of the works.

18. Any heritage fabric removed as part of the adaptation [NAME_8] works should be examined by a heritage consultant and if it si determined appropriate, be tagged and stored in a weather-tight repository on site.

19. All significant elements not necessarily affected by the works are to be retained.

20. Careful conservation and repair of all fragile external fabric is to be carried out in conjunction with the proposed works. In particular, advice from a qualified and experienced materials conservator is to be sought in relation to the sand-lime brickwork.

21. [NAME_8] works to [NAME_8] elements identified in the SECPs as being significant are to be carried out by appropriately skilled and experienced tradespeople.

22. An architect suitably qualified and experienced in heritage conservation shall be engaged to monitor the works during construction to ensure minimum disturbance to original fabric, and to ensure the use of suitable construction methods, especially for demolition.

23. A Conservation Management Strategy should be developed with Action Plans which covers the following: o Demolition/deconstruction methodology. o Removal and storage of fabric during the demolition process for later reinstatement, or removal from buildings. o Repair and conservation of original/early joinery including timber doors, windows, highlights, cupboards, verandah soffits as well as timber floors where relevant. o Repair and conservation of all metalwork items both internal and external. o A face brick repair and replacement strategy for the external facades.

24. Detail design resolution and contract documentation for the proposed adaptation works should be prepared in consultation with a heritage consultant so the original elements which are to remain are integrated into the new works in a meaningful way and interpreted so the cultural significance is not lost.

25. Careful design of the details of the proposed works is to be carried out, to ensure that original fabric is distinguished from reconstructed and new elements, in accordance with the principals of the CMP and SECPs. Original components are to be reused in reconstruction where possible.

26. Generally new [COMPANY_24] and fixtures should not be foxed to the original walls and ceilings. Fixings to heritage fabric should be minimal and should be made to floors, and to new elements in preference to the original walls and ceilings.

27. The Draft Maintenance Plan is to be finalised and submitted to Council prior to commencement of works. A positive covenant shall be created under Section 88E of the Conveyancing Act to ensure that a specific sinking fund is established and allocated for ongoing repair and maintenance works to the heritage buildings. These works are to be in accordance with the Maintenance Plan. Such covenant shall not be revoked or modified without prior approval of Council. The covenant shall be submitted for Council's approval prior to commencement of works.

28. Interpretative elements are to be installed in conjunction with the proposed works. Details of the interpretation proposal for the site are to be submitted. The interpretation proposal should be prepared in accordance with the SECPs for the [COMPANY_2], for [NAME_2] 6, and for [NAME_8] 2 prepared by [NAME_25] in March 2006, and with the Interpretation Strategy by [NAME_26] (November 2004) and address the 'rationale for interpretation' in section 12.11 of the Interpretation for the relevant sites where appropriate.

The following conditions are applied to maintain reasonable levels of environmental amenity and public [NAME_11] safety.

29. A Site Audit Statement (SAS) and Summary Site Audit Report (SSAR) have been issued for the site. An "Unexpected Finds Protocol" forms part of these documents and shall be complied with as part of this consent. Copies of the SAS and Unexpected Finds Protocol shall be included in all leases and sales contracts.

30. The builders, site workers and the Principal Certifying Authority for this development are to be made aware of this unexpected finds protocol and it requirements prior to any works commencing.

31. Details of any unexpected finds, including the details of any investigation procedures, remedial actions and validation undertaken shall be forwarded to the Council accordingly.

32. Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only 'Virgin Excavated Natural Material' (VENM) is to be imported to the site, as defined within the NSW EPA 'Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999'.

33. Any new information which comes to light during construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council and the Principal Certifying Authority immediately.

34. The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or [NAME_11] & Safety Act (2000) & Regulations (2001).

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

35. The proposed use of the premises and the operation of all plant and equipment shall not give rise to an 'offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations.

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A). The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority' s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

36. The residential units are to achieve the following internal acoustic amenity criteria:

a) In naturally ventilated residential units; the repeatable maximum LAeq (1 hour) shall not exceed:

35 dB(A) between 10pm and 7am in sleeping areas when the windows are closed; 45 dB(A) in sleeping areas when windows are open; 45 dB(A) in living areas (24 hours) when the windows are closed, and 55 dB(A) in living areas when the windows are open.

b) In residential units provided with mechanical ventilation, air conditioning or other complying means of ventilation, when doors and windows are shut, the repeatable maximum LAeq (1 hour) shall not exceed:

38 dB(A) between 10pm and 7am in sleeping areas; 46 dB(A) in living areas (24 hours).

Details of compliance with the relevant criteria is to be included in the construction certificate application and written confirmation of compliance is to be provided to the Certifying Authority, by the Acoustic consultant.

37. The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

38. A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to a Occupation Certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council's approval, to the satisfaction of Council' s Manager [NAME_11] & [NAME_8] [COMPANY_24].

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of [NAME_11], safety and amenity to the locality:

39. The applicant is to engage the [COMPANY_24] of a suitably qualified environmental consultant (or similar) to respond to enquiries and complaints made by the community, the general public or Council in relation to Noise, Contamination, remediation, excavation and construction site management matters.

A specific contact number is to be made available for such enquiries and complaints (including an after hours emergency contact number). A complaints register is to be maintained to record all such enquiries, complaints and actions taken in response to these enquiries and complaints. This register shall be made available to council officers upon a reasonable request.

40. The use and operation of the plant and equipment within the [NAME_8] shall not give rise to an environmental [NAME_11] or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations and to provide for reasonable levels of safety and amenity:

[NAME_27]

41. The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

42. All new [NAME_8] work must be carried out in accordance with the provisions of the [NAME_28] ([NAME_28]), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 and the existing buildings are required to be upgraded to comply with all relevant provisions of the [NAME_28] for Class 2 and 7a buildings.

43. Prior to the commencement of any [NAME_8] or fire safety works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

A copy of the construction certificate, the approved plans and development consent conditions must be kept on the site at all times and be made available to the Council officers and all [NAME_8] contractors for assessment

44. Prior to the commencement of any [NAME_8] or fire safety works, the person having the benefit of the development consent must:- i) appoint a Principal Certifying Authority for the [NAME_8] work, and

ii) appoint a principal contractor for the [NAME_8] work, or in relation to residential [NAME_8] work, obtain an owner-builder permit in accordance with the requirements of the Home [NAME_8] Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

iii) unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder ), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority , and

iv) give at least two days notice to the Council, in writing, of the person's intention to commence [NAME_8] works.

In relation to residential [NAME_8] work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home [NAME_8] Act 1989.

45. The [NAME_8] works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council's development consent and the construction certificate.

The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

Documentary evidence of the [NAME_8] inspections carried out and details of compliance with Council's consent is to be maintained by the Principal Certifying Authority. Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority's "Notice of Critical Stage Inspections", are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

46. A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details: o name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable) o name, address and telephone number of the Principal Certifying Authority, o a statement stating that "unauthorised entry to the work site is prohibited".

47. An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the [NAME_8] work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent. The requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

48. Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

Details of critical stage inspections carried out by the principal certifying authority together with any other certification relied upon and must also be provided to Council with the occupation certificate.

49. A Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

A single and complete Fire Safety Certificate must be provided which includes details of all of the fire safety measures contained in the [NAME_8] and as detailed in the fire safety schedule attached to the Construction Certificate.

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire safety Certificate.

A copy of the fire safety certificate must be displayed in the [NAME_8] near the entrance and a copy must be forwarded to the NSW Fire Brigades.

50. The required Long Service Levy payment, under the [NAME_8] Service Payments Act 1986, is to be forwarded to the Long Service Levy Corporation or the Council, prior to the issuing of a Construction Certificate, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

At the time of this development consent, Long Service Levy payment is applicable on [NAME_8] work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

51. [NAME_8], plumbing and drainage work must be carried out in accordance with the requirements of the [NAME_22].

Structural adequacy

52. A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate or strata subdivision certificate, which certifies that the structural adequacy of the [NAME_8], including balustrades to external balconies/verandahs and stairways.

Construction site management

53. Demolition work and the removal, storage, handling and disposal of [NAME_8] materials must be carried out in accordance with the following requirements (as applicable): o Australian Standard 2601 (2001) – Demolition of Structures o [NAME_11] Act 2000 o [NAME_11] (Hazardous Substances) Regulation 2001 o [NAME_11] (Asbestos Removal Work) Regulation 2001 o Randwick City Council Asbestos Policy (adopted 13 September 2005) o [NAME_29] of Practice and Guidelines o The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

54. In accordance with Council's Asbestos Policy, the following requirements are to be satisfied if any materials containing asbestos are present in the [NAME_8]:

a) Compliance with Randwick City Council's Asbestos Policy (adopted 13 September 2005).

A copy of Council's Asbestos Policy is available on Council's web site at www.randwick.nsw.gov.au in the [NAME_8] & Development section or a copy can be obtained from Council's Customer Service Centre.

b) A Demolition Work Plan must be developed and implemented in accordance wi th Australian Standard AS2601-2001, Demolition of Structures.

c) A [NAME_29] licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by [NAME_29] or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

d) Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

e) Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

f) On demolition sites involving the removal of asbestos, a professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words 'DANGER ASBESTOS REMOVAL IN PROGRESS" and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

g) A certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, [NAME_8] consultant, architect or experienced licensed [NAME_8] contractor), must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

55. All excavations and backfilling associated with the erection or demolition of a [NAME_8] must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a [NAME_8], to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it. Adequate provisions are also to be made for drainage.

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the [NAME_28]. Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

56. The adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

If an excavation associated with the erection or demolition of a [NAME_8] extends below the level of the base of the footings of any [NAME_8] located on an adjoining allotment of land, the person causing the excavation must: o preserve and protect the [NAME_8] /s on the adjoining land from damage; and o effectively support the excavation and [NAME_8]; and o at least seven (7) days before excavating below the level of the base of the footings of a [NAME_8] on an adjoining allotment of land (including a public road or public place), give notice of the intention and particulars of the works to the owner of the adjoining land.

Notes

This consent and condition does not authorise any trespass or encroachment upon any adjoining or supported land or [NAME_8] whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the principal contractor or owner-builder must obtain: a) the consent of the owners of such adjoining or supported land to trespass or encroach, or b) an access order under the Access to Neighbouring Land Act 2000, or c) an easement under section 88K of the Conveyancing Act 1919, or d) an easement under section 40 of the Land & [ADDRESS] 1979, as appropriate.

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

57. Except with the written approval of Council's Manager of [NAME_11], [NAME_8] & [NAME_27] [COMPANY_24], all [NAME_8], demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

[NAME_8], demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

In addition, the use of any rock excavation machinery or any mechanical pile drivers or the like is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only, to minimise the noise levels during construction and loss of amenity to nearby residents.

58. Noise and vibration emissions during the construction of the [NAME_8] and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

59. Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

a) The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times. Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

b) A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for [COMPANY_24] or the like.

c) [NAME_8] materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

d) Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council. Applications to place a waste container in a public place can be made to Council's [NAME_11], [NAME_8] & [NAME_27] [COMPANY_24] department.

e) During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.

f) Public access to demolition/[NAME_8] works, materials and equipment on the site is to be restricted and a temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres). Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

g) Temporary fences or hoardings or the like are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

h) The public safety provisions and temporary fences or hoardings must be in place prior to the commencement of any demolition, excavation or [NAME_8] works and be maintained throughout construction.

i) If it is proposed to locate any hoardings, site fencing or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council's [NAME_8] [COMPANY_24] section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council's adopted fees and charges.

j) Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

k) [NAME_8] operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

l) A local approval application must be submitted to and be approved by Council's [NAME_8] [COMPANY_24] section prior to commencing any of the following activities upon any part of the footpath, road, nature strip or in any public place:-

Install or erect any site fencing, hoardings or site structures Operate a crane or hoist goods or materials over a footpath or road Placement of a waste skip or any other container or article.

m) All new [NAME_8] works (including the proposed alterations/additions) must satisfy the relevant performance or deemed-to-satisfy provisions of the [NAME_28].

n) All of the fire safety upgrading works and new [NAME_8] work must be detailed in the Construction Certificate for the development.

60. The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

The following conditions are applied to provide adequate provisions for access, transport and infrastructure:

61. The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to [NAME_8] works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

62. Prior to the issuing of a Construction Certificate turning manoeuvre diagrams are to be submitted to and approved by the Certifying Authority showing compliance with AS/NZS 2890.1:2004 - B85 Car Template for those spaces marked as P1, P2 & Ps for OT Apt 01 & 02 Parking ([NAME_2] 5) on submitted plan Drwg No AR Da 2 No 500 Rev 1 dated March 31, 2008 by [NAME_30].

The following conditions are applied to provide adequate consideration for service authority assets:

63. The applicant must meet the full cost for telecommunication companies, gas providers, [NAME_31] and [NAME_21] to adjust/repair/relocate their [COMPANY_24] as required. The applicant must make the necessary arrangements with the service authority.

64. A Road / Asset Opening Permit must be obtained from Council prior to carrying out any public utility service works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate for the development.

For further information, please contact Council's Road / Asset Opening Officer on 9399 0691 or 9399 0999.

The following conditions are applied to provide adequate provisions for drainage and associated infrastructure:

65. Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

66. As the above site may encounter groundwater/seepage [NAME_21] within the depth of the basement excavation, the basement carparks or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

Notes:

a) Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council's kerb & gutter and/or underground drainage system.

b) Adequate provision is to be made for the ground [NAME_21] to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the ground [NAME_21] through the development site).

67. Any seepage [NAME_21] must be drained directly into an absorption pit within the site. [NAME_21] must not be drained from the site.

The following conditions are applied to provide adequate provisions for waste management:

68. The garbage room areas will have to be designed so as to be able to contain a total of 18 x 240 litre bins (9 garbage bins & 9 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

69. Prior to the credited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council's Manager of Waste in regards to meeting Council's requirements for waste [COMPANY_24] to the development.

The following conditions are applied to satisfy the provisions of Council's environmental plans, policies and codes for subdivision works:

70. The applicant shall provide Council with a survey plan of the property prior to endorsement of the subdivision plans.

Note: Strata Plans may have to be amended depending whether turning paths for CS 51 & 52 ([NAME_2] 5) are compliant with AS/NZS 2890.1:2004 - B85 Car Template

71. A Section 73 Compliance Certificate under the [NAME_21] Act 1994 must be obtained from [NAME_22].

Application must be made through an authorised [NAME_21]. Please refer to the [NAME_8] section of the website then refer to "[NAME_21]" under Developing Your Land" or telephone 13 20 92 for assistance.

Following application a "Notice of Requirements" will advise of [NAME_21] and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, since [NAME_8] of [NAME_21]/sewer infrastructure can be time consuming and may impact on other [COMPANY_24] and [NAME_8], driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the plan of subdivision.

72. All the conditions of development consent DA 187/2006 & DA 207/2008 must be satisfied and their compliance verified by the Principal Certifying Authority prior to endorsement of the subdivision plans. This includes restoration of all public roads and reserves and creation of suitable rights of carriageway, easements for access, [COMPANY_24] and internal stormwater lines, as required.

The following conditions are applied to provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

73. Deleted (Deleted 26 November 2009)

74. Except as authorised by this consent, all landscape works shall be installed in accordance with the approved documentation, and consistent with the GTA, prior to the issue of a final occupation certificate, and shall be maintained in accordance with those plans. (Amended 26 November 2009)

75. Upon completion of all landscape works, and prior to the issue of a final occupation certificate, documentary evidence is to be obtained from a qualified Landscape Architect (member of AILA), or Landscape Designer/Manager (member of AILDM), which shall be submitted to the [NAME_32] (and Council, if not the [NAME_32]), which confirms that the landscaping has been completed in accordance with the approved landscaping plans and relevant conditions of development consent.

76. That part of the nature-strip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with '[ADDRESS]' as supplied by Australian Native Landscapes, and re-turfed with Soft Leafed Buffalo (Sir Walter or approved alternative) Kikuyu turf or similar. Such works shall be completed at the applicant's expense prior to the issue of a final Occupation Certificate.

Tree Management

77. Other than the Metrosideros excelsa (NZ Xmas Tree/Pohutukawa), located about halfway along the length of the western edge of the [NAME_2] 2 [NAME_8], fronting [ADDRESS], which is to be retained as an 'existing heritage tree' (refer Tree Protection Measures below), approval is granted for the removal of all other existing vegetation within the site in order to accommodate the proposed works as shown, but is subject to the full implementation of the approved landscape plans.

78. The applicant shall be required to ensure the retention and long term [NAME_11] of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the driplines of the subject trees.

79. Permission is granted for the selective and minimal pruning of only those branches from the Metrosideros excelsa (NZ Xmas Tree/Pohutukawa), which is located about halfway along the length of the western edge of the [NAME_2] 2 [NAME_8], fronting [ADDRESS], which need to be specifically pruned in order to avoid damage/conflict with site machinery or similar during the course of the works.

80. All pruning must be undertaken by an Arborist who holds a minimum of AQF Level III in Arboriculture, and who is also a registered member of a nationally recognised organisation/association, with all pruning to be performed to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.'

Tree Protection Measures

81. In order to ensure the retention of the 'heritage' Metrosideros excelsa (NZ Xmas Tree/Pohutukawa), located about halfway along the length of the western edge of the [NAME_2] 2 [NAME_8], fronting [ADDRESS] in good [NAME_11], the following measures are to be undertaken:

a. All detailed architectural, [NAME_8], demolition, engineering (structural, stormwater & drainage, [COMPANY_24]), and landscape documentation submitted for the construction certificate application shall show the retention of this 'heritage tree', with the position of its trunk and full diameter of canopy clearly shown on all drawings.

b. All detailed documentation submitted for the construction certificate application shall show no alteration in the existing soil levels or the location of any [COMPANY_24], detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile within a radius of 5 metres from the outside edge of its trunk, with all plans to be designed accordingly to reflect this requirement.

c. Only excavations specifically associated with the installation of approved landscaping (including fencing or footpaths) are permitted to be performed within the zone specified in point 'b' above, and are to undertaken by hand, with any roots encountered to be cut cleanly by hand and the affected area backfilled with clean site soil as soon as practically possible.

d. This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located along the edge of the existing [NAME_2] [NAME_8], along the back of the pedestrian footpaths to its west and south, as well as a distance of 5 metres to its north, in order to completely enclose this tree for the duration of the proposed works.

e. This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: "TREE PROTECTION ZONE, DO NOT ENTER".

f. Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area and no stockpiling of soil or rubble.

Advisory Conditions

1. The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any [NAME_8]/demolition works.

Yours faithfully,

…………………………………………… [NAME_33] Manager Development Assessment

Rights of Appeal and Review of Determination:

If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and [ADDRESS] within 12 months after the date on which you receive this notice.

Section 82A of the Environmental Planning and Assessment Act 1979 provides that the applicant may request the Council to Review the determination. The request must be made in writing (or on the review application form) within twelve (12) months after the 21 October 2008, as specified in this notice of determination, together with payment of the appropriate fee.

General Advisory Notes & Requirements:

Compliance with development consent

Please note that the development and all [NAME_8] work must be carried out fully in accordance with the development consent and conditions of consent.

It is an offence to carry out any unauthorised development or [NAME_8] work or to carry out any development or [NAME_8] work that is not in accordance with Council's development consent.

An offence under Environmental Planning and Assessment Act 1979 and Regulations is subject to a penalty up to $1,100,000 and $110,000 respectively. Alternatively, Council may issue a $600 on-the-spot penalty infringement notice for each offence.

Council may also serve a notice and an order to require the demolition/removal of unauthorised [NAME_8] work or to require full compliance with Council's development consent.

Prior to commencement of any variations from the approved plans and conditions of approval, an amended development application must be submitted to and approved by Council. Also, a (new or amended) Construction Certificate must be obtained from the Council or an Accredited Certifier.

Failure to obtain the required prior written development consent from council for any variations to the consent (and failure to obtain a new/amended construction certificate) is an offence, which may result in the above penalties or infringements.

Legal requirements prior to commencing any [NAME_8] or subdivision works:

Prior to commencing any [NAME_8], subdivision or associated works (including any shop or office 'fit-out' work), the following provisions of the Environmental Planning and Assessment Act 1979 (the 'Act') and the Environmental Planning & Assessment Regulation 2000 (the 'Regulation') are to be complied with:

(i) A Construction Certificate is to be obtained in accordance with Section 81A (2) (a) of the Act. (ii) A Principal Certifying Authority is to be appointed and Council is to be notified of the appointment in accordance with Section 81A of the Act and clause 103 of the Regulation. (iii) Council is to be notified at least two (2) days of the intention to commence [NAME_8] works, in accordance with Section 81A of the Act and clause 104 of the Regulation.

Construction Certificate and Principal Certifying Authority

The applicant may apply to the Council or an Accredited Certifier to issue a Construction Certificate and to be the Principal Certifying Authority to monitor compliance with the approval and to issue the occupation certificate.

Council's [NAME_8] [COMPANY_24] Business Unit can provide these [COMPANY_24] and further information, including a copy of the service agreement and details of certification and inspection fees can be obtained by telephoning Council's [NAME_8] [COMPANY_24] Business Unit on 9399 0944.

Applications for a Construction Certificate are to be made in the standard form and in relation to an application made to Council's [NAME_8] [COMPANY_24], submission requirements include:

a completed Construction Certificate application form and payment of the appropriate fee. 4 copies of detailed architectural [NAME_8] plans and [NAME_8] specifications. 4 copies of structural engineering plans, detailing; all reinforced concrete floor slabs, footings, beams, columns and other structures; retaining walls; piers; underpinning; shoring systems; structural steelwork and framing details (as applicabl e). 4 copies of other technical details (i.e. details of mechanical ventilation systems, stormwater drainage, timber framing and roof trusses, termite protection, sediment control, boundary/party wall construction, masonry construction, acoustic and sound transmission, glazing, wet areas, smoke alarm systems and other fire safety provisions), where applicable. full details of compliance with the provisions of the [NAME_28], including details of the standards of construction that are to be complied with (i.e. Australian Standards). a list of existing and proposed fire safety measures (ie. fire doors, hose reels, fire hydrants, fire extinguishers, sprinkler systems, fire and smoke detection systems, smoke hazard management systems, exit signs and emergency lighting etc), except in relation to dwellings and associated structures. any compliance certificates relied upon. details of payment of the [NAME_8] Service Levy, in relation to [NAME_8] work which costs $25,000 or more details of compliance with the Home [NAME_8] Act Insurance Provisions, in relation to residential [NAME_8] work. details of existing and proposed swimming pool fencing and barriers showing compliance with the Swimming Pools Act 1992 and AS1926 and details of acoustic enclosures for pool equipment. [NAME_28] The Construction Certificate plans and associated specifications must comply with the relevant provisions of the [NAME_28] ([NAME_28]) and the [NAME_8] work must be carried out in accordance with development consent and Construction Certificate. Details of compliance with the relevant provisions of the [NAME_28] and conditions of development consent are to be provided in the plans, specifications and documentation for the Construction Certificate. Inspection of [NAME_8] works

The Principal Certifying Authority is required to specify the stages of construction which are to be inspected (including relevant 'critical stage' inspections), to ensure that the development complies with the relevant requirements of the development consent, [NAME_28].

Critical stage inspections may include the following stages of construction (as specified by the appointed principal certifying authority):-

Footings, after placement of steel reinforcement and before pouring concrete. Reinforced concrete floor slabs, columns and beams, after placement of steel reinforcement and before pouring concrete. Timber or metal floor, wall and roof framing (including columns and beams), before installing floor, wall or roof cladding. Waterproofing of 'wet areas', after installation, before tiling or covering over. Fire resisting construction (e.g. party / separating walls, fire resisting coverings / plasterboard). Sound transmission work including separating walls or ceilings. Immediately after the [NAME_8] (or alterations and additions to a [NAME_8]) have been completed and before an Occupation Certificate is issued.

Reference should be made to clause 162A of the Environmental Planning & Assessment Regulation 2000 for details relating to the critical stage inspections.

Occupation Certificate requirements

An occupation certificate must be obtained from the principal certifying authority, prior to occupation of the new [NAME_8] work or part of a [NAME_8] (including alterations and additions) or, a change of [NAME_8] use, as required by sections 109M and 109N of the Environmental Planning & Assessment Act 1979.

Failure to obtain the required occupation certificate is an offence and is subject to a maximum penalty of up to $110,000 or the issue of a penalty infringement notice.

Fire safety requirements

Under the provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 (except in relation to class 1a dwellings and class 10 non-habitable buildings or structures):

A 'Fire S afety Certificate' is required to be submitted to the Council and the New South Wales Fire Brigades prior to occupation of the [NAME_8] and a fire safety statement is to be provided on an annual basis thereafter, in relation to all of the essential fire safety measures within the [NAME_8] premises.

All of the Fire Safety measures within the premises must be included in a single and complete Fire Safety Certificate, which must be the same measures as those contained in the relevant 'Fire Safety Schedule' for the development. Any variations or amendments to the Fire Safety Schedule must be approved by the Principal Certifying Authority and written details must be provided to Council accordingly.

Following the issue of a Fire Safety Certificate, a Fire Safety Statement must be submitted to Council on an annual basis, which certifies that all of the essential fire safety measures are present and operational in accordance with the relevant standards of performance.

A copy of the current Fire Safety Schedule and Fire Safety Certificate/Statement must also be displayed in a conspicuous position within the [NAME_8] at all times.

Failure to submit a Fire Safety Statement by the due date annually is an offence which may result in the issuing of a penalty infringement notice of up to $2000.

[NAME_21] [NAME_8], plumbing and drainage work must be carried out in accordance with the requirements of the [NAME_22].

If suitable, the plans will be appropriately stamped. For [NAME_23] [NAME_23] agent details please refer to [NAME_21]'s web site at www.sydneywater.com.au and go to the [NAME_8], Developing and Plumbing, then [NAME_23] [NAME_23] or [NAME_8] or telephone 13 20 92. The principal certifying authority is required to ensure that a [NAME_23] [NAME_23]/[NAME_21] has appropriately stamped the plans before commencing works.

[NAME_29] requirements

The applicant, owner and builder is advised to ensure that the relevant requirements of [NAME_29] are complied with, in relation to occupational [NAME_11] and safety, including the handling of hazardous materials (i.e. materials containing asbestos). Further information can be obtained from the [NAME_29] [ADDRESS], [NAME_6], NSW, 2000 or telephone 9370 5000 or 13 10 50.

Disability Discrimination Act

The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act. In this regard, the applicant is advised that compliance with the requirements of the [NAME_28] 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

Dividing Fences

Any approval for fences on side boundaries common to other private properties is independent of any consent or agreement which may be required of any adjoining owner under the provisions of the Dividing Fences Act and if applicable, you are advised to consult with the owners of the adjoining premises in this regard. Access to adjoining land, encroachments and work affecting other premises This consent does not authorise any trespass, encroachment or carrying out of any works upon any adjoining land or [NAME_8] whether private or public. Where any access, underpinning, shoring or any other works are proposed to be carried out upon any adjoining land (including work affecting party walls, common roof construction or any other [NAME_8] works on or adjacent to the site boundaries), the owner/builder must obtain: a) the consent of the owners of the adjoining land to access, carry out works or encroach upon their land, or otherwise affect an easement, right-of-way or other restriction on the certificate of title, or b) an access order under the Access to Neighbouring Land Act 2000, or c) an easement under section 88K of the Conveyancing Act 1919, or d) an easement under section 40 of the Land & [ADDRESS] 1979 as appropriate. Local Government Act requirements

A separate Local Approval application is required to be submitted to and approved by Council if it is proposed to place any articles, materials or waste containers in a public place and to hoist or use a crane over a footway, in accordance with Section 68 of the Local Government Act 1993.

Further Information

Should you require further information on the determination of this development application, please contact [NAME_12] on 9399 0793 between 9.00am to 12 noon Monday to Friday or by appointment.

_______________________ T A Bly Commissioner of the Court ljr

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.