Independent Hearing and Assessment Panel Meeting
6 November 2012, 5:00pm
PRESENT: Hon David Lloyd, QC (Chairman), Ms Kara Krason (Expert Planner), Mr Steve Fermio (Expert Environmentalist), Ms Sarah Balzer (Community member)
ALSO PRESENT: Mr Michael Mason (Executive Manager, Environmental Services), Mr Rajiv Shankar (Manager Development Assessment), Mr Stan Raymont (Town Planner), Mr Andrew Thomas (Town Planner).
DECLARATIONS OF INTEREST: Nil
WEBCASTING OF THE MEETING
The Chairperson advised those present that the Meeting was being webcast.
The Panel resolved to grant consent to the development application for the construction of a dwelling house as recommended in the report prepared for the Panel and subject to the following recommended conditions.
1. (20) That the development be strictly in accordance with drawing numbers BT-31-13-C-1, 3, 4, 5, 6 dated 3.8.12, BT-31-13-B-2 dated 3.8.12 and BT-31-13-C-7 dated 19.7.12 by Tullipan Homes Pty. Ltd. except as amended by the following conditions.
2. To prevent loss of privacy all the windows at first floor level of the western elevation of the proposed dwelling house being highlights with their sills at least 1.7m above the first floor level. PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
3. To help provide privacy for 7 and 9 Gamma Road, the southern end of the proposed deck at first floor level at the southeastern corner of the proposed dwelling house being set back in line with the southern wall of the family/living room and a solid 1.8m high privacy screen being provided to the southern end of the proposed deck. PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
4. To help provide privacy for 7 Gamma Road, the east side of the proposed first floor deck being provided with a 1.5m high fixed diagonal slat privacy screen with the slats fixed to prevent overlooking of 7 Gamma Road. PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
5. A dense screen of mature planting (minimum height of 2m) being planted on the southern boundary reaching a mature height of 5m to maintain privacy, minimise bulk and scale and provide an acoustic buffer for 9 Gamma Road. PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
6. (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.
7. (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.
8. (137) Lane Cove Council charges a fee of $36 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.
9. (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.
The consent authority or a private accredited certifier must:-
· Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
10. (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6. Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $20,000.
11. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.
12. No excavation or trenches are to be undertaken within six (6) metres of the trunk of the existing Blue Gum tree which is to be retained.
13. (300) Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500.00 for an individual and $3,000.00 for a corporation. The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality. All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove.
14. (302) The applicant must obtain written authority prior to pruning or removal of any trees greater than 4m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40mm in diameter.
15. (303) There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.
16. (317) The Sydney blue gum located at the rear of the allotment must be retained and protected for the duration of the development. A 1.8m high chain mesh fence shall be erected a radial distance of not less than 6m from the trunk of this tree. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.
17. A waterproof sign must be placed on the tree protection zone stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’ Minimum size of the sign is to be A4 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.
18. All tree protection measures and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR THE COMMENCEMENT OF WORKS, WHICHEVER OCCURS FIRST. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development, including construction of the driveway crossing and all landscape works.
19. The site is to be property fenced to prevent access of unauthorised persons outside of working hours.
20. (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-
Monday to Friday (inclusive) 7.00am to 5.30pm
Saturday 7.00am to 4.00pm
No work to be carried out on Sundays or any public holidays.
21. (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.
22. (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.
Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.
23. Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process. Forty eight (48) hours notice must be given prior to the inspection being required:-
a) The pier holes/pads before filling with concrete.
b) All reinforcement prior to filling with concrete.
c) The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.
d) Framework including roof and floor members when completed and prior to covering.
e) Installation of steel beams and columns prior to covering
f) Waterproofing of wet areas
i) Stormwater drainage lines prior to backfilling
24. Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-
b) retaining walls;
d) reinforced concrete work;
e) structural steelwork;
f) upper level floor framing.
(a) The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.
(b) Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-
(1) A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.
(2) The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.
(3) With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING. Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.
(4) The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.
COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.
26. (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.
This requirement is satisfied by:-
(a) Smoke alarms installed in—
(i) Class 1a buildings in accordance with 22.214.171.124 of the Building Code of Australia; and
(b) Smoke alarms complying with AS 3786.
(c) Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.
Location – Class 1a buildings (dwellings)
Smoke alarms must be installed in a Class 1a building on or near the ceiling in—
(a) any storey containing bedrooms—
(i) between each part of the dwelling containing bedrooms and the remainder of the dwelling; and
(ii) where bedrooms are served by a hallway, in that hallway; and
(b) any other storey not containing bedrooms.
27. (130) Compliance with the Waste Management Plan submitted with this application.
28. (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.
COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.
29. (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.
General Engineering Conditions
30. (A1) Design and Construction Standards: All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.
31. (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.
32. (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.
33. (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.
34. (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.
35. (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.
36. (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.
37. (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.
38. (A9) Services: Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.
39. (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.
The following plans shall be prepared and certified by a suitably qualified engineer demonstrating:-
· Longitudinal section along the extreme wheel paths of the driveway/right of way at a scale of 1:20 demonstrating compliance with the scaping provisions of AS2890.1. It shall include all levels and grades, including those levels stipulated at boundary levels, both existing and proposed. It shall extend from the centre line of the roadway through to the parking area.
40. (F1) Overland Flow around Buildings: To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.
41. (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows:-
· Rainwater draining to the reuse tanks is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank. “On - ground” surfaces are to drain via a separate system.
· Mosquito protection & first flush device shall be fitted to the reuse tank.
· The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.
· Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.
42. (S1) Stormwater Requirement: Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism
· All roof areas are to drain to the reuse system with overflow to the street
· All other areas to drain to the street
· Environmental pollution control pit is to be installed just prior to the connection to the street system
The design and construction of the drainage system is to fully comply with, AS-3500 and Part O, Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.
Engineering conditions to be complied with prior to Construction Certificate
43. (D1) Drainage Plans New: A stormwater drainage plan prepared and certified by a suitably qualified engineer is to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management.
44. (E1) Proposed Use of a Drainage Easement: Documentation demonstrating that the inter-allotment drainage easement exists and the property benefits from the drainage easement is to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
45. (V2) Replacement of Vehicular Crossing: The vehicular crossing servicing the property shall be reconstructed prior to the issue of the Occupation Certificate as it does not meet Council’s current standards. The vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.
46. (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 metres of the proposed excavation.
The applicant shall:-
(a) seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties
(b) detail what measures are to be taken to protect those properties from undermining during construction
(c) provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties
The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.
(d) Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.
A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.
All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.
47. (T1) Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.
48. (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.
Engineering condition to be complied with prior to commencement of construction
49. (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the plan numbered 10421 E1-E3 prepared by EZE Hydraulics and dated 30-03-11. The devices shall be maintained during the construction period and replaced when necessary.
Engineering condition to be complied with prior to Occupation Certificate
50. (M2) Certificate of Satisfactory Completion: Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.
· Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management.
The Panel resolved, pursuant to S96 of the Act, to approve the application for modifications of the existing development consent, subject to the recommended conditions, with the following amendments:
Proposed Condition 12(c) is omitted and substituted with the following:
“In order to reduce the visual impact of the proposal from the adjoining property at 80A Northwood Road, the amended façade to the southern elevation is approved, but no approval is granted to any southerly extension to the living room. The only extension to this room which is permitted by this modification is on the eastern side of the room.”
Condition 73 is omitted and condition 73(a) added:
“No part of the proposed building shall be erected within 500mm of the trunk of the Canary Island Date Palm. This tree is to be protected during construction to the satisfaction of the Council’s Senior Tree Assessment Officer.”
OFFICER’S RECOMMENDED CONDITIONS
That pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent granted on 14 February 2008 for the construction of a two storey dwelling house, a detached double garage and a swimming pool, on a vacant lot being Lot 2 DP 1041458 and known as 16 Private Road, Northwood is amended in the following manner:-
A By amending conditions 1, 2, 6, 7, 10, 18, 27, 62 and sub – clause (i) to read:-
1. (20) That the development be strictly in accordance with sheets 01; 02 and 03-12, Issue 14, dated 26.03.12, by Boka-Krslovic Homes Pty Ltd except as amended by the following conditions.
2. In order to reduce overlooking into the adjoining rear yards of 76 and 78 Northwood Road, the applicant shall provide a privacy screen in toughened obscure glass and to a height of 1.7m above the finished floor level along the western side of the rear ground floor level balcony. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
6. In order to reduce the visual impact and to improve views from 12 Private Road, the applicant shall limit the maximum height of the garage to RL 44.41.
7. In order to ensure any potential adverse effect on the root system of the Brushbox tree required to be retained is kept to a minimum, any reduction of the garage floor level below RL 41.52 is to be subject to the agreement of Council’s Manager, Open Space.
10. A Construction Management Traffic Report (CMTR) must be submitted to the Manger, Traffic for the approval of the Open Space & Urban Services Division PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE. It must detail the traffic impact of the construction works on the local area and the means proposed to manage construction works to minimise such impacts. In particular, the Report must consider the impact on the on-street parking during construction, the movement of trucks to and from the site, the location of any site sheds and the use of any cranes and concrete pumps. The applicant is to note that the use of cranes and concrete pumps on the public reserve requires a ‘Permit to Stand Plant’ from Council. All materials and plant are to be stored on-site unless prior permission is received from Council to use the footpath. The CMTR must also detail a proposed method for neighbour communication.
18. (17) An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the dwelling house; swimming pool and garage.
27. (52) The swimming pool being surrounded by a fence:-
a) That forms a barrier between the swimming pool; and
i) any residential building or movable dwelling situated on the premises; and
ii) any place (whether public or private) adjacent to or adjoining the premises; and
b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pools Act, 1992, and the Australian Standard 1926.1 – 2007 Swimming Pool Safety, Part 1: Safety barriers for swimming pools.
SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.
62. There must be no soil excavation for the garage other than that required to achieve a floor level of RL 41.52.
(i) Tree protection for the Lophostemon confertus (Brush Box) located within the proposed driveway (i.e. conditions 54 – 65 inclusive).
B By inserting the following additional conditions 12a, 12b and 12c to read:-
“12a. In order to reduce the potential of the adjoining properties at 14 Private Road; 53 Cliff Road; and/or 80A Northwood Road from being overlooked, the following privacy measures are required:
· unless the owners of 14 Private Road confirm in writing to the contrary to the Principal Certifying Authority, a physical privacy screen with a height of at least 1.7m above the FFL of the ground floor living room (i.e. a height of at least RL 43) is to be constructed along the common boundary to 14 Private Road independent of the dividing fence on the north side of the living room balcony, prior to the issue of an Occupation Certificate; and
· a privacy screen 1.7m in height above the FFL of this same room is to be attached to the east side of the adjoining balcony for a distance of 1.5m north from its southeast corner and along its south side.
PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
12b. In order to reduce the potential of the adjoining property at 80A Northwood Road from being overlooked, the following privacy measures are required:
· a privacy screen 1.7m above the FFL of the landing and each riser of the approved exterior stairs leading to the approved lower ground floor level TV room, is to be attached on its south side, and all three of its approved windows on the south side are to be finished in obscure glass, and fixed, up to this same height or, alternatively, the sill height of all three approved windows is to be raised to this same level; and
· both windows of bedroom 2 on the south side of the lower ground floor level are to be finished in obscure glass, and fixed, up to a height of 1.7m above the FFL or, alternatively, the sill height of both windows is to be raised to this same level.
A. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF CONSTRUCTION CERTIFICATE.
12c. In order to reduce the visual impact of the proposal from the adjoining property at 80A Northwood Road, no approval is granted, or implied, for either the additions to the south side of the lower ground floor level TV room, or the relocation of the attached exterior stairs to this room, in other than the approved location. Only the additions on the west side of this room are permitted. PLANS ARE TO BE AMENDED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.”
C By deleting conditions 3, 4, 98 and 99 to read:-
D By retaining all of the other conditions of the original development consent i.e. conditions 5, 8, 9, 11, 12, 13 – 17, 19 – 26, 28 – 61, and 63 – 97 inclusive.
E That the applicant be advised that the development consent dated 14 February 2008 will lapse on 14 February 2013 unless the approved works are substantially commenced.
The meeting closed at 7pm.
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