Administrative Centre

30 Frances St

Randwick 2031

Tel: 02 9399 0999

Fax 02 9319 1510

DX 4121 Maroubra Junction

general.manager@randwick.nsw.gov.au

INCORPORATED

AS A MUNICIPALITY

22 FEBRUARY 1859

PROCLAIMED AS

A CITY JULY 1990

 

 

5th February, 2002

 

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 12TH FEBRUARY, 2002 AT 6.30 P.M.

 

Committee Members:                  His Worship, the Mayor, Cr D. Sullivan, Crs Andrews (Deputy Chairperson), Backes, Bastic, Daley (Chairperson), Greenwood, Matson, Matthews, Notley-Smith, Procopiadis, Schick, Seng, Tracey, White, Whitehead.

 

Quorum:                                      Eight (8) members.

 

NOTE: AT THE ORDINARY MEETING HELD ON 5TH SEPTEMBER, 2000, THE COUNCIL RESOLVED THAT THE HEALTH, BUILDING AND PLANNING COMMITTEE BE CONSTITUTED AS A COMMITTEE WHOSE MEMBERSHIP CONSISTS OF ALL MEMBERS OF THE COUNCIL AND WITH FULL DELEGATION TO DETERMINE MATTERS ON THE AGENDA.

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING AND PLANNING COMMITTEE MEETING HELD ON TUESDAY, 4TH DECEMBER, 2001.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5          Development Applications

 

5.1            

12 POWELL STREET, COOGEE.

2

 

5.2                      

16 BARRY STREET, CLOVELLY.

20

 


 


5.3                      

72A BEACH STREET, COOGEE.

47

 

5.4                        

24 INMAN STREET, MAROUBRA.

54

 

5.5                      

15 WILLIS STREET, KINGSFORD.

85

 

5.6                      

6-8 ADDISON ST, KENSINGTON.

106

 

5.7                      

7 LEONARD AVENUE, KINGSFORD.

115

 

5.8                      

24 LAWSON STREET, MATRAVILLE.

149

 

5.9                      

8-10 GROSVENOR STREET, KENSINGTON.

154

 

 

6           General Business

 

7           Notice of Rescission Motions

 

 

 

 

 

………………………………

GENERAL MANAGER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

22 January, 2002

FILE NO:

D/0109/2001

 

PROPOSAL:

 Section 96 modification seeking deletion of requirement to setback rear garage 1m from laneway

PROPERTY:

 12 Powell Street, Coogee

WARD:

 East Ward

APPLICANT:

 Brett McKechnie

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Freda Backes, John Procopiadis, Alan White.

 

Development Application No. 109/2001 was approved under delegated authority for alterations and additions to the existing dwelling house including a new first floor, front fence and rear garage. The consent was conditional on the garage being setback 1m from the rear boundary of the subject site. The DA plans originally submitted showed the proposed garage with a nil setback to Melody Lane, while a recently demolished garage on the subject site was setback approximately 500mm from the rear boundary and adjacent garages are setback 1m.

 

Section 96 application “A” seeks deletion of Council’s requirement to setback the new masonry garage 1m from a rear laneway.

 

The recommendation is to refuse the Section 96 application.

 

2.         THE PROPOSAL

 

The subject application is seeking deletion of Condition No. 22 of Development Consent No. 109/2001, which reads as follows:-

 

“Prior to the issuing of a construction certificate the submitted plans are to be amended to show the garage setback a minimum of 1.00 metre from the rear boundary.”

 

The submitted plans showed the new rear garage with a nil setback to the Melody Lane and the applicant is seeking to maintain this location.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is located on the western side of Powell Street and is rectangular in shape with a frontage of 6.095m, a depth of 42.83m and a total area of 262.5m2. Rear access to the site is available via Melody Lane.

 

The area is characterised by a mix of residential development ranging from single and two storey dwellings to residential flat buildings. Adjoining the site to the north and rear is multi-unit housing development, and to the south is a single storey dwelling. The site is not within a heritage conservation area and is not listed as a heritage item.

 

4.         SITE HISTORY

 

a.         APPLICATION HISTORY

 

On 31 May 2001, Development Application No. 109/2001 was approved under delegated authority for alterations and additions to the existing dwelling house including a new first floor, front fence and rear garage. The consent was conditional on the garage being setback 1m from the rear boundary of the subject site.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998 and no submissions were received.

 

6.         TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1       Health and Building Comments

 

            No additional BCA conditions are required for the Section 96 application.

 

6.2       Asset and Infrastructure Services

 

            Council’s Director Assets & Infrastructure Services has commented as follows:-

 

“The AIS department has inspected the subject site (refer to attached photographs) and does not support this application.

 

It is recommended the applicant liase with the adjoining block of units to sawcut and remove the brick party wall (between No 10 and 12 Powell Street) back to the line of the garage doors (i.e. 1 metre setback from the property line), and to relocate the downpipe as required.

 

            The AIS department does not support this Section 96 application.

 

7.         ASSESSMENT CRITERIA

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may agree to a modification of an existing Development Consent if the development as modified is substantially the same development as originally approved.

 

7.1       Substantially the Same Development

The proposed modifications, both individually and cumulatively, are minor in nature and are considered consistent with S96(2)(a) of the Environmental Planning and Assessment Act as they represent substantially the same development as that approved in DA 109/2001.

 

7.2       Notification and consideration of Submissions

As noted above, the owners/occupiers of adjoining properties were notified of the proposed development on 5 December 2001. As a result, no submissions were received.

 

8.         ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

8.1       Local Environmental Planning Instrument's and State of Environmental Planning Policies (SEPP)

 

The proposal is generally consistent with the objectives and provisions of the Randwick Local Environmental Plan, 1998, and the Environmental Planning and Assessment Act 1979, as amended.

 

8.2       Development Control Plans and Council Policies

 

The proposed modifications fail to satisfy the relevant objectives, performance requirements and acceptable solutions of Section 4.7 of the DCP – Dwelling Houses and Attached Dual Occupancies.

 

Preferred Solution S1 of the DCP specifies, “Garages and carports to a rear lane are setback at least 1m to improve pedestrian visibility”. Further, Council’s Director Asset & Infrastructure Services has raised specific objection to the applicant’s request to remove the 1m setback requirement, and the garage was approved in the original DA consent on the premise that it would be setback to comply with Council’s DCP.

 

The applicant has sought to justify the nil setback by stating that: “the original plans submitted showed the original garage being on the boundary when it was actually setback 500mm from the boundary. My garage shared a party wall with the garage next door (No. 10), which has their stormwater connected to it. To change from my 500mm setback I would have to knock down part of my neighbours wall and stormwater, plus concede to losing part of my rear paved yard.” As Council’s Director Asset & Infrastructure Services has recommended earlier however, in order to overcome this problem the applicant should liase with the adjoining block of units to sawcut and remove the brick party wall (between No. 10 and 12 Powell Street) back to the line of the garage doors (i.e. 1 metre setback from the property line), and to relocate the downpipe as required. The garages to the rear of No. 10 are setback approximately 1m from their rear boundary, and in order to ensure consistency between the two properties and improve pedestrian visibility, the garage on the subject site should also be located 1m off the rear boundary. A 1m setback will also assist in the manoeuvring of vehicles in the laneway.

 

The applicant has failed to demonstrate that the proposed will comply with the performance requirements of Section 4.7 of the DCP, where garages and car parking areas are required to be located and designed to: “conveniently and safely serve users; and enable the efficient use of car spaces and accessways, including adequate manoeuvrability for vehicles between the site and the street”.

 

9.         CONCLUSION

 

The request to delete Condition No. 22 of the development consent is not supported as it is considered inconsistent with the objectives, performance requirements and preferred solutions of Section 4.7 of the DCP – Dwelling Houses and Attached Dual Occupancies.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. D/0109/2001 "A" for Section 96 modification seeking deletion of Condition No. 22 requiring the rear garage to be setback 1m from laneway at No. 12 Powell Street, Coogee for the following reasons:-

 

1.         The proposed Section 96 application is considered to be inconsistent with the objectives, performance requirements and preferred solutions of Section 4.7 of DCP – Dwelling Houses and Attached Dual Occupancies.

 

ATTACHMENT/S:

 

Copy of delegated report of 29 May 2001

 

 

 

 

 

………………………………

………………………………

 

DAVID GIBSON

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT OFFICER

 

 

 


DELEGATED REPORT

Report of the Director of Planning – 29 May 2001

 

 

PROPERTY:                    12 Powell Street, Coogee                             WARD: East

 

FILE REF:                        D109/2001

 

APPLICANT: Mr B McKechnie

 

OWNER:                          As Above

 

PROPOSAL:                    Alterations and additions to the existing dwelling house including a new first floor, front fence and rear garage.

 

VALUE OF WORK:        $185,000  

 

BCA

CLASSIFICATION:        Class 1a – dwelling; 10a – garage; 10b – fence

 

DATE SUBMITTED:      8 February 2001

 

ADVERTISING:             Clause 23 Notification – 14 days

 

AUTHOR:                        David Gibson

 

1          DESCRIPTION OF LOCALITY:

 

The site is located on the western side of Powell Street and is rectangular in shape with a frontage of 6.095m, a depth of 42.83m and a total area of 262.5m2. Rear access to the site is available via Melody Lane.

 

The area is characterised by a mix of residential development ranging from single and two storey dwellings to residential flat buildings. Adjoining the site to the north and rear is multi-unit housing development, and to the south is a single storey dwelling. The site is not within a heritage conservation area and is not listed as a heritage item.

 

2          RELEVANT HISTORY:

 

The original plans submitted with the development application were assessed and deemed to be unsatisfactory in terms of design/streetscape character and amount of proposed floor space. In response to Council’s concerns, amended plans were submitted to Council on 4 May 2001 (on the concurrence of the Manager Development Assessment) incorporating the following changes:

 

·          Reduction in FSR by reducing room sizes and overall floor space to conform to Council’s DCP requirements.

·          Redesign of roof form from flat roof with parapet to a combination pitched/skillion roof design, which when viewed from Powell Street, will present a similar roof form as the existing.

 

·          Introduction of a separate roof from over the front balcony in an attempt to provide further modulation to the front elevation of the proposed building.

 

There are no other relevant matters relating to these premises that would affect consideration of the subject development application.

 

3          DESCRIPTION OF PROPOSAL:

 

The amended application proposes alterations and additions to the existing dwelling house and site as follows:

 

·          Alterations to the internal arrangements of rooms;

·          A first floor addition under a pitched and skillion roof form comprising 3 bedrooms, 2 bathrooms and front and rear balconies;

·          Demolition of the existing rear garage and construction of a double garage off Melody Lane. 

·          Construction of a new 1.8m high masonry and metal picket front fence.

 

4          ZONING AND STATUTORY CONTROLS:

 

The site is zoned Residential 2B under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

 

The proposal has been assessed in relation to compliance with the following controls:-

 

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

-           Development Control Plan - Dwelling Houses and Attached Dual Occupancies.

 

5          POLICY CONTROLS:

 

5.1       Development Control Plan - Dwelling Houses and Attached Dual Occupancies

 

Landscaping

 

The objectives and performance requirements of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced, dwellings are provided with usable outdoor recreation area, storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

Preferred solutions include that a minimum of 25m² of useable private open space be provided, a minimum of 40% of the total site area is provided as landscape area, half of which should be soft permeable landscaping, and each dwellings private open space shall be capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level. If the private open space is proposed towards the front of the dwelling it should be located behind the required building line.

 

The proposed development is required to have a minimum landscaped area of 105m2, while the available landscaped area is 120m2 (of which approximately 80% is soft landscaping). A minimum of 90m2 of usable private open space is provided in the rear yard.

 

Floor Area

 

The objective and performance requirements of the DCP are that developments are not excessive in bulk or scale, compatible with the existing character of the locality and also minimise adverse effects of bulk on neighbours and the street.

 

The preferred solution for an allotment of this area (262.5m2) is that a maximum floor space ratio of 0.65:1 applies.

 

Assessment of the amended application indicates that the FSR for the proposal will be 0.65:1 (170.56m2 of proposed floor space, with the existing house being 112m2). This amount of floor space is considered acceptable given the context of the proposed development in the Residential 2B zone, which normally allows for medium density development. Powell Street and Melody Street is characterised by a mix of development of a much greater FSR than allowed in LEP 1998. This forms a major contribution to the character of the area, creating a diversity of scale which is complimented by the proposed development.

 

The proposed development meets the objective and performance requirement of the DCP in that it is compatible with surrounding built forms and minimises adverse effects of bulk on neighbours and the local streetscape. This is achieved through the following design features:

 

·          The house is compatible in its scale with the majority of the buildings in the immediate vicinity, and is directly bounded to the north by a 3 storey residential flat building;

·          The height of the building has been kept to a minimum by the predominant use of a skillion roof, thereby minimising the extent to which the property to the south is overshadowed.

 

Therefore, the style and size of the proposed residence cannot be said to be excessive in bulk or scale when compared with neighbouring buildings. As discussed below however, the opportunity exists however to further lower the height of the proposed building (and thereby reduce impacts of bulk and overshadowing on the adjoining property to the south) by requiring that the proposed 2.8m first floor ceiling height be reduced to 2.4m. This will still give residents acceptable headroom in the first floor bedrooms while achieving an overall reduction in building height of 400mm. By lowering the ceiling height at first floor level, the bulk of the entire building when viewed from both the street and adjoining properties will be reduced.

 

Height, Form & Materials

 

The objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality, and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

The relevant performance requirements are that the height of buildings should relate to those in the existing streetscape and buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets.

 

Preferred solutions include that the external wall height of the building not exceed 7m, the length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary, and that the second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and further, the design respect the symmetry of the adjoining semi-detached dwelling.

 

The maximum overall (wall) height of the proposed building will be 8.2m in the gable ends of the proposed first floor addition where the roof pitches towards the front of the subject residence. The wall height of the rear garage will not exceed 3.4m. The length of the second storey portion will be 17m (excluding the balcony privacy screens), at an existing side setback of 900mm.

 

The wall height non-compliance is considered minor as occurs over a length of only approximately 4m in the gable end. The majority of the side walls either side of the gable reach a height of only 6-6.5m. The opportunity exists however to further lower the height of the proposed building (and thereby reduce impacts of bulk and overshadowing on the adjoining property to the south, given the limited side boundary setbacks) by requiring that the proposed 2.6m first floor ceiling height be reduced to 2.4m. This will still give residents acceptable headroom in the first floor bedrooms while achieving an overall reduction in building height of 400mm, reducing the maximum wall height non-compliance down to 7.8m.

 

Notwithstanding the height and proposed first floor length non-compliances and subject to a reduction in the first floor ceiling height, the proposal will still achieve the objectives and performance requirements of Section 4.3 of the DCP in that: the height of the proposed building relates to those in the surrounding streetscape, with a higher 3 storey flat building located directly to the north of the subject site; and privacy and natural light access for neighbouring residents is preserved thought appropriate building design.

 

Building Setbacks

 

The objectives and performance requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours, and with respect to front boundary setbacks that the proposal generally conform with the adjoining or dominant streetscape.

 

Preferred solutions include that side setbacks be 900mm for any part of the building at ground level and 1.5m at first floor level, the front setback is to generally conform with the dominant setback along the street, and no part of the building is to be closer than 4.5m from the rear boundary.

 

The proposed additions comply with the setback requirements in relation to the western (rear) and eastern (front) boundaries. The northern and southern (side) setbacks however, are nil and only 900mm respectively, following the current ground floor setbacks of the existing residence. This non-compliance is a consequence of the relatively narrow width of the subject site and a design that has been formulated to be sympathetic with the existing dwelling house. There will be some additional shadow cast on the adjacent property to the south by the proposed first floor addition (which will be reduced by a requirement to decrease first floor ceiling height by 400mm), however the principal outdoor recreation space will continue to receive at least 3 hours of sunlight over at least part of its area between 9am and 3pm on 21 June. North facing windows of the adjoining residence (No. 14) are currently overshadowed by the existing dwelling at No. 12 Powell Street and the 3 storey flat building at No. 10. Further, the existing nil setback is located adjacent to the driveway and parking area of the flat building at No. 10, rather than ground floor windows or private open space.

 

The established setback pattern in Powell Street indicates that the majority of buildings, both single and multiple storied, have varying side setbacks up to 900mm. Therefore, the proposal is only continuing this pattern. Likewise, the established building lines of structures along Melody Lane have no side setbacks and the proposed garage building is again consistent with this pattern. The garage will be required by condition however, to be setback 1m from the rear boundary as required under the DCP to improve pedestrian visibility.

 

Visual & Acoustic Privacy

 

The objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

 

The performance requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies and where necessary, separation, screening devices and landscaping.

 

The proposed development meets the objectives and performance requirements of the DCP. Overlooking of internal living areas and private open spaces of adjoining residential development will be minimised through appropriate building layout and location of openings on the proposed second storey. A proposed first floor west-facing balcony will be appropriately screened from surrounding properties by fin walls.

 

Safety & Security

 

The objectives and performance requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance, dwellings and their entrances are readily identifiable by street numbering and design of front fences and landscaped areas allows for safe access to the dwelling.

 

Preferred solutions are that the front doors of dwellings are visible from the street, at least one habitable room window overlook the street, a Council approved street number is conspicuously displayed at the front of the dwelling or front fence, and that any front fence comply with the other relevant requirements of the DCP. 

 

The proposed development meets the objectives and performance requirements of the DCP.

 

Garages & Driveways

 

The objectives and performance requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the streetscape, and structures are compatible in scale, form, materials and finishes with the associated dwelling.

 

Preferred solutions include that car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have minimum width of 3m and are set back at least 1m from the side boundary, parking is located behind the building line and driveways, car parking spaces and structures do not occupy more than 30% of the width of the allotment. Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 there after.

 

With respect to garages and carports to rear lanes these should be set back 1m to improve    pedestrian visibility.

 

Subject to the imposition of a condition of development consent requiring the garage to be setback 1m from the rear boundary, the proposed development meets the objectives and performance requirements of the DCP.

 

Fences

 

Generally the objectives and performance requirements for fences in the DCP are to ensure that front fencing is integrated with the streetscape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

Preferred solutions include that solid fences front fences are no higher than 1200mm and other types of fences be 1800mm maximum in height and they be designed so that the upper two thirds is at least 50% open.

 

The front fence proposed will be a maximum height of 1.8m with the upper two-thirds designed to be at least 50% open, thereby complying with the requirements of the DCP. The front fence returns on the northern and southern boundaries are also designed with the upper two-thirds at least 50% open.

 

6          REFERRALS:

 

·          Health and Building Comments

 

A BCA assessment of the proposal was carried out and no objection raised to the proposal, subject to the imposition of conditions should the application be approved.

 

·          Director of Asset and Infrastructure Services

 

The Director of Asset and Infrastructure Services provided the following comments:

 

An application has been received for the remodification of the ground floor and addition of a first floor to existing residence and the replacement of the existing garage at the above site.

 

Landscape Comments

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

Drainage Comments

Onsite detention of stormwater is not required for this application.

 

Traffic Comments

The proposed garage shows it being constructed on the rear boundary alignment. The EPCD Department is advised that the proposed garage is to comply with Council’s DCP which requires garages to be setback a minimum of 1 metre from the rear boundary. The plans are to be amended showing the 1 metre setback prior to the issuing of a construction certificate.”

 

A number of conditions of development consent were recommended for inclusion in any development consent issued.

 

7          NOTIFICATION AND SUBMISSIONS:

 

The owners of adjoining properties were notified of the original proposal on the 20 September 2000.  As a result of this notification, no submissions were received. The amended plans received by Council on 4 May 201 were re-notified on 11 May 2001. As a result of this notification, no submissions were received. The owner/resident of No. 14 Powell Street (located directly to the south of the subject site and therefore most likely to be affected by the proposed development) has also signed off on the amended plans indicating that they raised no objection to the proposal.

 

8          SECTION 79C ASSESSMENT:

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

9          ENVIRONMENTAL ASSESSMENT:

 

9.1          Proposed Design in relation to Existing Building and Natural Environment

 

The proposed addition generally satisfies the relevant objectives, performance requirements and acceptable solutions of the DCP – Dwelling Houses and Attached Dual Occupancies with respect to landscaping, materials and height, side setbacks and visual privacy and it is considered that there will not be an adverse impact upon the amenity of the adjoining premises or the character of the locality.

 

9.2       Physical relationship to and impact upon adjoining development (Views, privacy and overshadowing etc)

 

The proposed works will not unreasonably impact on adjoining development in terms of privacy or overshadowing.

 

10.       CONCLUSION

 

The proposal satisfies the relevant assessment criteria and may be approved subject to appropriate conditions.

 

11.       RECOMMENDATION

 

THAT Council's Team Leader under delegated authority from the General Manager, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 109/2001 for permission to construct for alterations and additions to the existing dwelling house including a new first floor, front fence and rear garage at No. 12 Powell Street, Coogee subject to the following conditions:-      

 

1.         The development must be implemented substantially in accordance with the amended plans numbered 2016/1-4 A & L1A, dated February 2001 and received by Council on 4 May 2001, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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 colours, materials and finishes of the external surfaces to the building, including brickwork and wall and roof cladding, are to be compatible with the existing building and adjacent buildings.

 

Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

3          In order to reduce the relative height of the proposed building and the overshadowing and bulk impacts on the adjoining residence to the south of the subject site, the ceiling height of the proposed first floor is to be reduced to 2.4m. The plans submitted with the construction certificate are to be amended accordingly.

 

4          The rear swimming pool shown on the plans is not approved and a separate development application is required to be submitted to and approved by the Council, or a complying development certificate obtained from the Council or an accredited certifier (as applicable) for the proposed swimming pool before any work is carried out on the construction of the pool, as insufficient information is provided with this application to enable a full and proper evaluation of the pool.

 

5          There must be no encroachment of any part of the structure/s onto the adjoining premises or onto Council=s road reserve, footway or public place.

 

6          Metal roof sheeting is to be painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment.

 

7          Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

8          Stormwater must be drained and discharged to the street gutter and details are to be included in the construction certificate details for the development. 

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

9          All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 78A of the Environmental Planning and Assessment Regulation 1994.

 

10                In accordance with clause 78C of the Environmental Planning and Assessment Regulation 1994, building work that involves residential building work (within the meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority:

 

a.                   in the case of work to be done by a licensed contractor:

 

·          has been informed in writing of the licensee's name and contractor number; and

·          is satisfied that the licensee has complied with the requirements of Part 6 of that Act (in relation to insurance policies), or

 

b.                  in the case of work to be done by any other person;

 

·          has been informed of the person's name and owner-builder permit number, or

·          has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $3,000.

 

Details of the builder and compliance with the provisions of the Home Building Act 1989 are to be submitted to Council prior to the commencement of works, on the standard form 7 notice, a blank copy of which is available from Council.

 

11        A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that 'unauthorised entry to the site is prohibited' and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours, in accordance with clause 78H of the Environmental Planning and Assessment Regulation 1994.

 

In the case of residential building work, the sign is also required to detail the licence number of the building contractor or the permit number of the owner-builder, in accordance with the Home Building Act, 1989 and Regulations.

 

The following conditions are applied to ensure that the development satisfies the terms of Council's approval and relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

12        A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be available to the Council officers upon request.

 

13        The building works are to be inspected by the principal certifying authority (or other suitably qualified person on behalf of the applicant) to monitor compliance with Council=s approval and the relevant standards of construction.

 

Documentary evidence of compliance with Council=s approval and relevant standards of construction, is to be maintained by the principal certifying authority.

 

14        Building and demolition works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and public holidays, except with the specific written authorisation of Council=s Manager of Environmental Health & Building Services.

 

15        Building materials, sand, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time.

 

16        Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written consent of the Council, unless exempt under Councils Local Approvals Policy.      

 

The following conditions are applied to ensure that reasonable levels of fire safety are provided in the building:

 

17        Smoke alarms are required to be installed in each Class 1 building or dwelling in accordance with the relevant provisions of Part 3.7.2 of the B.C.A. - Housing Provisions.

 

Smoke alarms must comply with AS 3786 - Smoke alarms and be connected to the  consumer mains electric power supply and provided with a battery back-up.

 

The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the remainder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority.

 

Smoke alarms are not be located in >dead-air spaces=, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex of raked ceilings, as detailed in Part 3.7.2 of the B.C.A. - Housing Provisions.

 

Details of compliance with the provisions of the Building Code of Australia must be included in the plans / specification for the construction certificate.

 

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

18        The following security deposits requirements are to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)         $450.00           -           Vehicular crossing deposit

 

The vehicular crossing deposit may be provided by way of cash or cheque with the Council and is refundable upon the completion of the Council vehicular crossing.

 

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 building/demolition works.

 

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

 

19        The applicant shall meet the full cost for Council or a Council approved contractor to:-

 

a.         Construct a new residential vehicular crossing and layback at kerb in Melody Lane opposite the proposed vehicular entry/exit point.

 

b.         Construct new kerb and gutter for the full Melody Lane site frontage except opposite the vehicular entry/exit point.

 

c.         Carry out a full depth, minimum 1.0 metre wide, road reconstruction in front of the kerb and gutter along the full Melody Lane site frontage.

 

20        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 building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

21        The applicant shall note that all external work carried out shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". A non-refundable fee of $110 shall be payable for the quotation of the required work which will be deductible from the cost of the works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a 22% design and supervision fee on the lowest quotation from Council's nominated contractor will be required to be paid.

 

22        Prior to the issuing of a construction certificate the submitted plans are to be amended to show the garage setback a minimum of 1.00 metre from the rear property boundary.

 

The following conditions are applied to provide adequate provisions for future civil works in the road reserve:

 

23        The design alignment level at the street boundary for driveways, access ramps and pathways or the like, must be 75 mm above the road centreline level in Melody Lane at all points opposite the road centreline along the full site frontage. Note this will give the concrete slab at the rear boundary alignment a similar grade as the roadway.

 

24        The design alignment levels issued by Council and their relationship to the road centerline must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

25        The above alignment levels have been issued by the Council's Department of Asset & Infrastructure Services at a prescribed fee of $63.80 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

26        The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular access.  This condition has been attached to accommodate future footpath construction at this location.

 

The following conditions are applied to ensure adequate consideration of service authority assets:

 

27        A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

28        The applicant must meet the full cost for Telstra, Energy Australia, Sydney Water or Natural Gas Company to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

 

 

...................................................                                

DAVID GIBSON

ASSESSMENT OFFICER

 

DATE: .........................................                              

 

 

Having considered the report of the Assessment Officer and after having taken into account Council's Local Environmental Policies and Codes I determine that the application subject of this assessment report should be approved with conditions of approval.

 

I have exercised my delegation of authority, in accordance with the instrument of delegation dated 15 October 1998, to determine this application.

 

 

 

................................................

EAMON EGAN

TEAM LEADER

 

DATE:....................................

 

G:\TOWN\WP\DEV\DEV2001\powellst12.doc

 



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

10 January, 2002

FILE NO:

D/0873/2001

 

PROPOSAL:

 Alterations, ground and first floor additions to the existing dwelling house - Heritage Item

PROPERTY:

 16 Barry Street, Clovelly

WARD:

 North Ward

APPLICANT:

 Mr M and Mrs C Gerard

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Judy Greenwood, Bruce Notley-Smith and Ted Seng .

 

Two submissions have been received objecting to the proposal. The concerns raised relate to the proposed construction of the rear ground floor addition to the northern boundary, overlooking/loss of privacy, and overshadowing. These are considered to be the main issues regarding the proposal.

 

Amended plans were submitted to Council on 28 December 2001, proposing a reduction in the height of the proposed rear ground floor addition on the northern boundary with No.14 Barry Street by approximately 600mm and the provision of obscure glazing to the two proposed first floor, north-facing attic room windows. The amended plans are the subject of this report.

 

The recommendation is for approval subject to conditions addressing privacy concerns.

 

2.         THE PROPOSAL

 

It is proposed to carry out alterations and ground and first floor additions to the existing dwelling house to provide a new open-plan family, dining, breakfast and kitchen area, laundry and store at the existing ground floor level and three bedrooms a study and bathroom at a new first floor level. A rear verandah adjoining the proposed open plan living area at the ground floor level and a rear balcony adjoining the main Bedroom 1 at the first floor level is also proposed.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Barry Street, two properties removed from its intersection with Susan Lane. The site contains a freestanding, single storey dwelling house with front verandah and a separate, rear double garage, and is identified as a heritage item under Randwick Local Environmental Plan 1998. The site has a frontage to Barry Street of 9.615m a depth of 42.67m and an area of 406sq.m. The site has rear access from Fern Lane

 

Adjoining to the north is a freestanding, single storey dwelling house with first floor attic rooms, a rear swimming pool and single car, fibro garage at No.14 Barry Street. Adjoining to the south is a freestanding single storey dwelling house at No.18 Barry Street.

 

On the opposite side of the rear lane are the rear yards of dwellings fronting Fern Street.

 

Development in Barry Street comprises a mix of two and three storey residential flat buildings and single and two storey dwellings.

 

4.         SITE HISTORY

 

a.         APPLICATION HISTORY

                

97/00635/BG      Erect a new rear double garage. Approved 23 July 1997. 

 

00/01159/GA     Ground and first floor additions to existing dwelling house. Withdrawn 16 February 2001.

 

01/00323/GL    Boundary adjustment between the properties Nos.14 and 16      Barry Street. Approved 21 May 2001.

 

01/00020/SL      Carry out a boundary adjustment between the properties Nos.14 and 16 Barry Street Approved 31 May 2001.

 

On the 24 December 2001, the applicant served notice to Council of a Class 1 appeal in the Land and Environment Court on the basis of a deemed refusal of the application. The matter was set down for call over on 28 January 2001. The appeal date was not available at the time of reporting on this application.   

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

5.1       Objections

 

Mr B and Mrs M Giles

14 Barry Street

CLOVELLY 2032

 

Concerns:

 

-           amenity impact resulting from the construction of the rear ground floor addition to the   common boundary with No.14 Barry Street and the non-compliance. with preferred 900mm side boundary setback solution.

-           overlooking/loss of privacy from proposed first floor window openings and rear balcony.

 

C M Willcox (part-owner of property No.18 Barry Street)

11 Smalls Road

ARCADIA NSW 2159 

 

Concerns:

 

-           overlooking/loss of privacy from proposed first floor window openings and rear balcony.

-                     overshadowing/loss of sunlight. 

 

6.         TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1       Heritage Issues

 

The subject site is identified as a heritage item under Randwick LEP1998. In this regard, Council’s Heritage Planner has advised the following:

 

The subject site is occupied by a single storey Federation style dwelling listed as a heritage item under Randwick LEP 1998.  The Randwick Heritage Study Inventory Sheet for the property describes it as a “Federation style house c.1910, free standing with original slate roof with terracotta ridge capping, simple bargeboard with roughcast.  Decorative timber work to verandah, original windows, generally appears as built (similar to no.18).”  There are several other heritage listed properties in the vicinity of the subject site, including nos.6 and 18 Barry Street.

 

A previous development application for the property was withdrawn after significant concerns were raised in relation to heritage and amenity impacts.  In relation to heritage, there were concerns in relation to the extent of removal of existing fabric, including the roof, the rear section of the building and internal walls.  A number of informal meetings have been held to discuss these concerns and to develop an amended proposal.

 

The current application proposes an upper level addition comprising three bedrooms, an attic area with reduced ceiling height, bathroom, and rear balcony.  It is also proposed to make ground floor alterations including removal of the wall between the lounge room and bedroom 2, and rebuilding of the rear section of the dwelling.

 

The application has been accompanied by a Heritage Impact Assessment (HIA) carried out by Habitat Architects.  In terms of significance, the HIA considers that the dwelling is an example of a substantially intact Federation style cottage.  The HIA notes that the cottage has been somewhat modified by the partial enclosure of the front verandah and replacement of original slate roofing with unglazed terracotta tiles.  The HIA considers that the proposal “maintains the existing single storey scale of the building in its presentation to the street.  The proposed addition is designed in a manner consistent with the original character of the existing building.”

 

As compared to the original application, the current application sets the upper level addition further to the rear of the existing dwelling, and is set in from both of the existing side walls.  The current proposal will therefore retain more of the original roof of the dwelling and will better maintain the single storey character of the existing dwelling and its neighbours, including no.18 Barry Street.  The floor level of the rear addition has also been lowered in relation to the floor level of the original dwelling, so that the addition has a much reduced scale and bulk.  The roof of the proposed upper level addition has also been redesigned to delete a side gable, considerably reducing the apparent height of the south elevation.  Although the proposed rear addition will be wider than the original front section of the dwelling, it is considered that the scale and bulk of the addition will allow it to be reasonably well integrated with the existing fabric.

 

The removal of the wall between the bedroom and lounge room will somewhat detract from the integrity of the original spaces in the dwelling and may result in significant alteration to internal fabric, including plasterwork and joinery.  It is suggested that the proposal incorporate either beams or nib walls as evidence of the original layout of the dwelling.  The use of beams and nib walls will also assist in retaining clear distinctions between existing ceilings, skirtings and picture rails.

 

The existing enclosure of the front verandah is not original, but is of fairly early construction.  The reduction in the dimensions of the verandah enclosure will restore the front façade to a more original state, but will result in the removal of early fabric of the building.  It is suggested that if possible, the existing enclosure be modified to reduce its size, rather than being totally rebuilt in new materials.

 

The following conditions should be included in any consent:

 

-           Existing internal woodwork to the front section of the dwelling, including skirtings, architraves and picture rails, should be reused as much as possible, and only replaced as necessary.

 

-           The proposed living area is to incorporate either a beam or nib walls as evidence of the original layout of the dwelling, and to assist in retaining clear distinctions between existing ceilings.

 

-           The existing front verandah should if possible, be reduced in size by modifying existing fabric, rather than being totally rebuilt in new materials.  Original materials are to be reused where possible and the Construction Certificate drawings are to indicate the extent to which original materials are to be reused.

 

-           The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building/existing buildings in the heritage conservation area. Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

-           Details of the proposed paint scheme are to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Unpainted surfaces, eg- brickwork/stonework are to remain unpainted.

 

7.         MASTER PLANNING REQUIREMENTS

 

A master plan is not required as the site is less than 4000sq.m in area.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

(a)        Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

No

 

43

Heritage Item or Conservation Area

Yes

The site is identified as a heritage item under Randwick LEP1998.

46

Vicinity of Heritage Item

Yes

The adjoining property at No.18 Barry Street is also identified as a heritage item under Randwick LEP1998.

 

8.1       Policy Controls

(a)        Development Control Plan- Dwelling Houses and Attached Dual Occupancies

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(How applicant has

Achieved performance requirements of

performance solutions).

SOLAR ACCESS

P1  New dwellings must achieve (Nathers) rating of 3.5 stars.

·      Design minimise energy for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

·      Hot water tanks and heaters close to rooms where hot water used.

·      Cooking tops located away from windows, fridges and freezers.

·      Task lights.

·      Maximised natural lighting.

·      Ceiling and wall insulation to AS2627.1-1993.

S1  New dwellings provide certificate complying with a minimum (Nathers) rating of 3.5 stars or equivalent.

 

N/A-alterations only.

 

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

P2  Orientation and design maximises solar access to living areas and open space.

 

P3  Design minimises use of mechanical appliances.

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise  energy requirements.

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

P8  Windows sized to reduce summer heat and permit winter sun.

 

P9  Design and siting of buildings, alterations minimises loss of solar access to neighbours.

 

P9  Neighbour’s north-facing living area windows receive at least 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June. If less is already available the amount is not reduced.

 

 

 

 

P9  Neighbour’s principal outdoor area receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If less is already available the amount is not reduced. 

 

P10  Construction materials are energy efficient and recyclable.

 

 

 

 

 

S2.8  North-facing windows to living areas received at least 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June.

 

 

S2  Private open space

receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S9  Solar access to solar collectors on adjacent buildings maintained between 9.00am and 3.00pm each day.

 

 

S9  North-facing windows to living areas of neighbours receive 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June. If less available the amount is not reduced.

 

S9  Neighbour’s principal outdoor receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If less available the amount is not reduced.

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

N/A

 

 

 

 

 

Does not comply. Refer to Section 9.2.4 of report

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

S1  Stormwater is graded and drained via a gravity system to Council’s street gutter; or to a suitable absorption system.

 

S1  Rainwater tanks or other storage systems collect roof run-off.

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

 

S3  Landscaped area: contain low water demand plant species and design.

 

Complies via condition of consent and to be in accordance with BCA for water management.

 

 

 

 

 

 

 

 

 

 

Complies via condition of consent.

 

 

 

 

 

 

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

 

P3  Local indigenous plant species used.

 

P4  Existing trees and shrubs retained.

 

P5  Planting will not obscure or obstruct dwelling entities or personal safety.

 

P6  Unpaved or unsealed landscaped areas are maximised.

S1  40% of the total site area is landscaped.

 

 

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

174.48sq.m – 43.0%. Complies.

 

 

Complies.

 

 

Complies.

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies.

 

FLOOR AREA

P1  Building bulk must be compatible with surrounding built forms, minimise effects on neighbours and streets.

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

Preferred FSR solution is 0.6:1.

 

Proposed FSR is 0.60:1including area of existing rear garage in excess of 40sq.m.

 

Complies.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

P3  Design relates to the topography with minimal cut and fill.

 

 

 

 

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

P5  Second storey of a semi detached dwelling integrates with streetscape and adjoining dwelling.

 

P6  Design allows view sharing.

S1  Maximum 7m external wall height for house or attached dual occupancy.

 

S1  Maximum 3.5m external wall height of buildings or additions to the rear.

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

S3  No excavation within 900mm of side boundary.

 

 

 

 

 

S3  No excavation within 3m of rear boundary.

 

S4  Length of second storey portion is not greater than 12m at less than 1.5m from a southern boundary.

 

S5  Second storey potion of a semi is confined within a existing roof space or setback from the front elevation and respects the symmetry of the adjoining semi.

 

Maximum proposed wall height is 6.7m.

Complies.

 

 

 

 

 

 

 

Complies.

 

 

Does not comply with preferred solution, but satisfies performance requirements and objectives

Complies.

 

 

Complies.

 

 

 

 

N/A – not a semi detached dwelling.

 

 

 

N/A

 

BUILDING SETBACKS

Front Setback

 

P1  Generally conforms with adjoining development or dominant setback along street.

 

Rear Setback

 

P2  Allow neighbours adequate access to natural light, view sharing and retains trees and vegetation.

 

Side Setback

 

P3  Allow occupants and neighbours adequate access to natural light, daylight and fresh air.

 

Side setbacks on corner allotments must integrate with established setbacks of both streets and maintain the streetscape.

Front Setback

 

S1  The average of adjoining dwelling or 6m setback where no adjoining dwelling.

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

S3  900mm for any part over 1m above ground level up to one level in height.

 

1.5m for any part of a building, two levels at that point.

 

3.0m for any part of a building more than two levels at that point.

 

 

N/A-first floor addition set back behind existing front roof ridge.

 

 

 

 

Complies.

 

 

 

 

 

 

 

Ground floor-nil setback to northern side boundary-Does not comply with preferred solution, but satisfies performance requirements and objectives. 

 

First floor-1500mm to northern and southern side boundaries. Complies.

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

P1  Overlooking neighbouring internal living areas and private open spaces is minimised.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

P3  Dwellings close to noise sources such as busy roads or industry designed to provide comfortable living and sleeping environment.

 

 

P1  Buildings provide comfortable living and sleeping environment.

 

 

 

 

P2  Entries are readily identifiable.

 

P3  Front fences, landscape areas and driveways promote safety and security.

S1  Habitable room windows with direct outlook to others windows within 9m are offset by more than 45 degrees or have fixed obscure glazing or sill height to 1.5m.

 

S1  Direct view into the private open space of adjoining dwelling is obscured or screened within 9m.

 

S1  Windows have sill heights of 1.5m or more above floor level or fixed obscure glazing to any part of the window less than 1.5m above floor level.

 

 

 

 

 

 

 

 

S3  Buildings comply with

•AS-2107: Acoustics – recommended design sound levels and reverberation times for building interiors.

 

 

 

S1,2,3  Front doors visible from street.

 

S1,.3  At least one habitable room window overlooks the street.

 

S2  Street number displayed.

 

S3  Fences comply with fencing requirements.

 

 

Complies via conditions of consent..

 

 

 

 

 

 

Complies.

 

 

 

 

 

Does not comply with preferred solution, but satisfies performance requirements and objectives. Refer to section 9.2.3 of report.

 

Complies.

 

 

 

N/A.

 

 

 

 

 

 

 

Complies-as existing.

 

Complies-as existing.

 

 

Complies.

 

N/A-No alterations to existing front fencing proposed.

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

·      enable the efficient use of car spaces.

·      safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

P3  Do not detract from the streetscape and are compatible with the dwelling.

 

P4  Car parking areas and accessways facilitate stormwater infiltration on site.

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

 

S1  Car parking spaces have minimum dimensions of 5.5 metres x 2.5 metres.

 

·      Driveways have a minimum width of three metres and are set back at least one metre from the side boundary (max width 3m at boundary).

·      Driveway gradients have a maximum of 1 in 6. The gradient for the first 5m from street not more than 1 in 8.

 

·      Garages and carport to a rear lane are 1m setback.

 

 

S2  Carports and garages located behind the building where rear access available, or behind building line where front access available.

 

S3  Driveways, car parking facilities <35% of frontage.

 

N/A

 

 

 

 

 

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

Solid front fences in front of the building line no higher than 1.2m.

 

Fences in front of the building line no higher than 1.8m with upper two thirds at least 50% open. (Not applicable in Heritage Conservation Areas).

 

N/A-No alterations to existing front fencing are proposed.

 

9.         ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

9.1       Local Environmental Planning Instrument's and State of Environmental Planning Policies (SEPP)

 

The proposal is permissible in the Residential 2A zone, and complies with the objectives and provisions of Randwick Local Environmental Plan 1998.

 

9.2       Development Control Plans and Council Policies

 

Whilst the assessment indicates that the proposed development does not satisfy all of the preferred solutions of Development Control Plan – Dwelling Houses and Attached Dual Occupancies in relation to side boundary setbacks, visual privacy and overshadowing, the relevant performance requirements and objectives will be satisfactorly met as detailed below.  

 

9.2.1    Side Boundary Setbacks

 

The objectives and performance requirements of the DCP Dwelling Houses and Attached Dual Occupancies seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours, and with respect to front boundary setbacks that the proposal generally conform with the adjoining or dominant streetscape.

 

Preferred solutions include that side setbacks be 900mm for any part of the building at ground level and 1.5m at first floor level, and that no part of the building is closer than 4.5m from the rear boundary.

 

  The area of non-compliance relates to the proposed nil setback of the ground floor family /dining room from the northern side boundary with No.14 Barry Street.  In regard to the northern setback, due to the orientation of the site, the proposed setbacks will not result in any adverse overshadowing impact on No.14 Barry Street.

 

The applicant has submitted amended plans which propose a reduction in the height of the northern boundary wall to the proposed ground floor family /dining room by 600mm to 2.8m which will effectively present an average wall height of approximately 2.1m to the adjoining property at No.14 Barry Street due to the differences in site levels. As the ground floor extension is sited to the south of the property at No.14 Barry Street, adopts a low profile (the proposed boundary wall height being approximately 300mm higher than a standard 1800mm high boundary fence), and the floor level of the dwelling house at No.14 Barry Street is elevated approximately 1000mm above the adjacent ground level within the existing southern 2.5m setback of that dwelling, no significant adverse amenity impact on No.14 Barry Street is considered to arise from the proposal. The objectives and performance requirements of the DCP in relation to side boundary setbacks will be met with the nil setback.

 

9.2.2    Height, form and materials

 

The objectives of the DCP are that developments should not be excessive in height and scale and are compatible with the existing character of the locality, and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

The relevant performance requirements are that the height of buildings should relate to those in the existing streetscape and buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets.

 

Preferred solutions include that the external wall height of the building not exceed 7m, the length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary, cut or fill does not exceed 1.0m and that excavation does not occur within 900mm of a side boundary or 3.0m of a rear boundary.

 

The area of non-compliance relates to the preferred solution that states that the excavation should not occur within 900mm of a side boundary.

 

The rear ground floor part of the additions is to be constructed to the northern side boundary of the site. The rear ground floor level of the additions is set down 900mm below the existing ground floor level of the dwelling to minimise the height of the additions and to provide level entry to the rear yard area of the property from the proposed ground floor family/dining/breakfast area. The proposed excavation is to a maximum depth of approximately 700mm for a distance of approximately 10.3m along the northern side boundary, which is considered to be minimal.

 

The proposed development satisfies the performance requirements and objectives of the DCP in relation to height, form and materials

 

9.2.3    Visual & Acoustic Privacy

 

The objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

 

The performance requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies and where necessary, separation, screening devices and landscaping.

 

No significant adverse overlooking of adjoining properties will be occasioned by the proposal. The first floor north-facing windows to the proposed attic study are to be obscurely glazed to restrict interlooking between those window openings and the first floor attic room window openings in the adjacent wall of the dwelling at No.14 Barry Street. Privacy screens are proposed to the sides of the proposed rear first floor balcony off ‘Bedroom 1”, which will satisfactorily address overlooking of the adjoining properties from the balcony. The proposed first floor, south facing Bedrooms 1 and 3 windows face onto the roof area of the dwelling at No.18 Barry street and do not provide any significant opportunity for adverse overlooking of that property. The objectives and performance requirements of the DCP in relation to visual and acoustic privacy will be met.

 

9.2.4    Solar Access and Energy Efficiency

 

 

The overall objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction, the use of appropriate resources, encourage the use of passive solar design, and protect solar access enjoyed by the adjoining premises.

 

As a general guide new dwelling houses and attached dual occupancies must demonstrate that they have been designed to achieve an energy efficiency, Nat HERS, rating of 3.5 stars and buildings are orientated and internally configured to take advantage of and maximise solar access.

 

The preferred solutions of the DCP include that private open spaces, outdoor recreation areas and north facing windows to the subject and adjoining premises receive at least 3 hours of sunlight over at least part of their surface between 9.00am and 3.00pm during the winter equinox. If less than the preferred solution is currently available access to sunlight should not be reduced.  

           

The shadow diagrams submitted with the application demonstrate that the rear yard of the adjoining dwelling house to the south at No.18 Barry Street will receive at least 3 hours of sunlight over at least part of their surface between 9.00am and 3.00pm during the winter equinox.

           

At present, at 9.00am and 3.00pm in mid-winter, the north facing windows of the dwelling at No.18 Barry Street would be currently overshadowed by the existing dwelling and boundary fencing, due to the differences in levels between the two properties and dwellings. During the midday period, however, the upper parts of the window openings in the northern wall of No.18 Barry Street would receive some sunlight. The proposed first floor addition would result in the loss of this sunlight. However, it is considered that the loss of midday sunlight would be unavoidable with any first floor addition to the dwelling, due to the orientation of the properties and the differences in levels between the two properties and dwellings.  The proposed first floor addition adopts a low profile (made possible by the reduced floor level to the proposed rear ground floor living area) and is setback 1500mm from the side boundary in accordance with the preferred side boundary setback solution of the DCP. Therefore, notwithstanding the proposal’s apparent departure from the solar access standards of the DCP in relation to the north facing windows of the adjoining dwelling at No.18 Barry Street, the proposal is supported on these and equity grounds. Due to the 3.0m separation distance between the two buildings, adequate natural light and ventilation will be maintained to No.18.

 

9.3       Resident Submissions

 

The concerns/issues raised in local resident submissions are previously addressed under Section 9.2 of the report.

 

10.       CONCLUSION

 

The amended proposal is considered to adequately address the concerns raised in local resident submissions, and the relevant objectives and performance requirements of the DCP-Dwelling Houses and Attached Dual Occupancies will be satisfactorily met.

 

The application is recommended for approval subject to those conditions contained below.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 873/2001 for Alterations, ground and first floor additions to the existing dwelling house - Heritage Item at 16 Barry Street, Clovelly subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans with Drawing Nos.DA08A to DA11A dated 20 December 2001 and received by Council on 28 December 2001, the application form and on any supporting information received with the application, except as may be amended by the following conditions:

 

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 wall height of the proposed rear ground floor extension on the northern boundary with No.18 Barry Street shall not exceed an average of 2.1m above the adjacent ground level of No.18 for the length of the construction along that boundary. Details of compliance are to be provided in the construction certificate plans.

 

3.         The north facing windows to the first floor attic study room are to be of a hopper type, with a maximum outward deflection angle of 45 degrees. Details of compliance are to be provided in the construction certificate plans. 

 

4.         Existing internal woodwork to the front section of the dwelling, including skirtings, architraves and picture rails, should be reused as much as possible, and only replaced as necessary.

 

5.         The proposed living area is to incorporate either a beam or nib walls as evidence of the original layout of the dwelling, and to assist in retaining clear distinctions between existing ceilings.

 

6.         The existing front verandah should if possible, be reduced in size by modifying existing fabric, rather than being totally rebuilt in new materials.  Original materials are to be reused where possible and the Construction Certificate drawings are to indicate the extent to which original materials are to be reused.

 

7.         The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building/existing buildings in the heritage conservation area. Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Environment, 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.         Details of the proposed paint scheme are to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Unpainted surfaces, eg- brickwork/stonework are to remain unpainted.

 

9.         The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.  Details of compliance are to be provided in the construction certificate plans or specifications.

 

10.       All plumbing and drainage pipes, other than rain water heads, gutters and downpipes, must be concealed within the building.

 

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

 

12.       There must be no encroachment of any part of the structure/s onto the adjoining premises or onto Council’s road reserve, footway or public place.

 

13.       Where access is required to adjoining premises for construction purposes, the written consent of the owner/s of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

14.       Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit and details are to be included in the construction certificate details for the development.

 

Absorption pits or soaker wells must be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council’s Director of Planning and Environment prior to commencement of works.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

15.       All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

16.       In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the requirements of the Home Building Act 1989.

 

Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

 

·          has been informed in writing of the licensee’s name and contractor number; and

·          is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

Where the work to be done by any other person (i.e. an owner builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

·          has been informed of the person’s name and owner-builder permit number, or

·          has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $3,000.

 

Details of the builder and compliance with the provisions of the Home Building Act 1989 are to be submitted to Council prior to the commencement of works, on the notice of appointment of the PCA / Intention to commence building work.

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

17.       A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey.

 

The following conditions are applied to ensure that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

18.       All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July, 1993.

 

19.       Prior to the commencement of any building 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.

 

20.       Prior to the commencement of any building work, a principal certifying authority must be appointed and Council is to be notified accordingly and, at least 2 days notice of the intention to commence building work must be given to Council, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

21.       A copy of the construction certificate, the approved plans & specifications and envelopment consent conditions must be kept on the site at all times and be available to the Council officers upon request.

 

22.       The building works are to be inspected by the principal certifying authority (or other suitably qualified person on behalf of the applicant) to monitor compliance with Council’s approval and the relevant standards of construction.

 

Documentary evidence of compliance with Council’s approval and relevant building inspections, is to be maintained by the principal certifying authority.

 

23.       Retaining walls or shoring must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land, if the soil conditions require it, and adequate provisions are to be made for drainage.

 

Retaining walls and shoring are to be designed and installed in accordance with the relevant requirements of the Building Code of Australia and Australian Standards and details of any proposed retaining walls are to be submitted to the Principal Certifying Authority for consideration prior to installation.

 

24.              If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation must:

 

·          preserve and protect the building /s on the adjoining land from damage; and

·          if necessary, underpin and support the building in an approved manner; and

·          at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention to do so to the owner of the adjoining land. Particulars of the excavation are to be provided to the owner of the adjoining land and also the owner of the land where the building is being erected or demolished.

 

 

25.       A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

(a)        Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being constructed at the approved levels.

 

(b)        On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

26.       Building and demolition works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and public holidays, except with the specific written authorisation of Council’s Manager of Environmental Health and Building Services.

 

27.       A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that ‘unauthorised entry to the site is prohibited’ and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours.

 

In the case of residential building work, the sign is also required to detail the licence number of the building contractor or the permit number of the owner-builder, in accordance with the Home Building Act 1989 and Regulations

 

28.       Noise emissions during the construction of the building and associated site works must comply with the relevant provisions of the Protection of the Environment Operations Act 1997 & the Noise Control Manual published by the Environment Protection Authority, except as may be amended by the conditions of this approval.

 

29.       Building 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 at all times.

 

30.       Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written consent of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Council’s Local Approvals Policy.

 

31.       Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

32.       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

 

Details of the proposed sediment control measures must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and a copy of the approved details must be made available to Council officers upon request.

 

Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment.

 

33.       Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

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.

 

Hoarding or fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

The following conditions are applied to ensure that reasonable levels of fire safety        are provided in the building:

 

34.       Smoke alarms are required to be installed in each Class 1 building or dwelling in accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.

 

The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the remainder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority.

 

Smoke alarms are not to be located in ‘dead-air-spaces’, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex of raked ceilings, as detailed in Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Details of compliance with the provisions of the Building Code of Australia must be included in the plans / specification for the construction certificate.

 

ATTACHMENT/S:

 

A4 configurations

 

 

 

 

 

 

………………………………

………………………………

BILL O’BRIEN

STEVEN HUGHES

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 

 






 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

15 January, 2002

FILE NO:

01/01133/GB

 

PROPOSAL:

 New carport to front of existing dwelling.

PROPERTY:

 72A Beach Street, Coogee

WARD:

 East Ward

APPLICANT:

 Acerose P/L

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillor Dominic Sullivan, Chris Bastic and John Procopiadis.

 

An application was refused in October 2001, Development Application No. 804/2001 to construct a new carport forward of the building line. The proposal did not satisfy the objectives, performance requirements and preferred solutions of the Development Control Plan – Dwelling Houses and Attached Dual Occupancies and will detract from the appearance of the dwelling and the streetscape.

 

The current application proposes the exact same works, and there have been no changes to the proposal plans or site conditions. In this regard, the proposal is recommended for refusal as it does not satisfy the relevant requirements of the Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

2.         THE PROPOSAL

 

The applicant is seeking approval to erect a new carport to the front of the existing building.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Beach Street, Coogee and is occupied by an existing single storey semi-detached dwelling. The site is a regular shaped allotment, having a frontage of 6.1m to the front of the street, depth of 47.24m and a total site area of 288.164m2. The locality is residential in nature with a mixture of semi-detached and free standing dwellings. There is currently an existing carport forward of the building line at the adjoining property to the north and a carport forward of the building line at a property further south of the subject site. The streetscape is generally open, with the exception of the adjoining carports forward of the building line.

 

4.    SITE HISTORY

 

a.         APPLICATION HISTORY

 

An application was refused in October 2001 for a carport forward of the building line. The application was refused for the following reasons:

 

·                    The proposed carport does not satisfy the objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies in that the structure being sited at the front of the building will detract from the appearance of the dwelling and the streetscape.

·                    The proposed carport does not comply with the preferred solutions of the DCP for Dwellings and Attached Dual Occupancies in that the structure will occupy more than 35% of the width of the allotment and is sited closer than 1m from the side boundary.

·                    Approval of the carport will not be in the public interest.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. In response to this notification, no submissions were received.

 

6.         TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1       Building and Construction Issues

 

-       BCA Classification

 

Under the Building Code of Australia, the classification of the building is:

 

Carport – Class 10a

 

-       General Comment

 

No objection is raised with respect to compliance with the

 

·       Environmental health and building provisions of the Environmental Planning and Assessment Act 1979

·       Provisions of the Building Code of Australia

·       Provisions of the Local Government Act 1993 & regulations

 

6.2       Engineering Issues

 

Landscape Comments

 

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.

 

Alignment Level Comments

 

The applicant is to be advised that Council will need the existing Council footpath to be lowered by approximately 150mm so as to provide satisfactory vehicular access to the site. It is essential that the applicant meet Council’s issued levels for the carport slab.

 

7.         MASTER PLANNING REQUIREMENTS

 

N/A

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

(a)        Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2B under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

No

N/A

43

Heritage Item of Conservation Area

No

N/A

46

Vicinity of Heritage Item

Yes

Vicinity of 370 Alison Road, Edwardian Style Mansion & 75 Beach Street, Federation House late 1920’s.

 

8.1       Policy Controls

a.         Development Control Plan - Dwelling Houses and Attached Dual Occupancies

b.         Development Control Plan – Parking

 

9.         ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

9.1       Development Control Plans and Council Policies

 

Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

Garages & Driveways

 

The objectives and performance requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of dwelling and streetscape, and structures are compatible in scale, form, materials and finishes with the associated dwelling.

 

Preferred solutions include that car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have minimum width of 3m and are set back at least 1m from the side boundary, parking is located behind the building line and driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment. Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 there after.

 

It is proposed to erect a new carport at the front of the property at No. 72A Beach Street, Coogee. The proposed carport has dimensions 5.5m x 4m and occupies approx 66% of the width of the site. The proposal fails to meet the relevant preferred solutions as the carport breaches the predominant building alignment and exceeds the 35% maximum site width and is sited less than 1m from the side boundary.

 

The proposal fails to satisfy the objectives and performance requirements of the Development Control Plan – Dwelling Houses and Attached Dual Occupancies as the proposed carport breaches the predominant building alignment, being sited to the front of the dwelling detracts from the appearance of the dwelling and also the streetscape. Although it is acknowledged that there is an existing carport located at the adjoining property to the north, No 72 Beach Street and further south, No 76 Beach Street it is considered that the streetscape has not been compromised sufficiently enough to permit the erection of this structure with minimal impact. Council’s current controls seek to discourage this type of poor streetscape precedent, and as such it should not be repeated. In this regard, approval of the carport will not be in the public interest.

 

9.2       Proposed Design in relation to Existing Building and Natural Environment

 

The proposed carport being sited to the front of the dwelling breaches the predominant building alignment and as a result, detracts from the appearance of the dwelling and also the streetscape. The proposed structure is significantly wider in width than the existing carport located at the adjoining property to the north, No 72 Beach Street and further south, No 76 Beach Street, and as a result will become a dominant and visually obtrusive element in the streetscape. It is considered that the poor streetscape precedent at the adjoining properties should not be repeated. The surrounding streetscape has not been compromised sufficiently enough to permit the erection of this structure with minimal impact.

 

An application to erect a carport at the front of the property was refused in October 2001. There have been no changes to the plans which were previously refused, and there have been no changes to the existing site conditions. Given that there has been no attempt to satisfy Councils requirements, the application has been recommended for refusal.

 

10.       CONCLUSION

 

The applicant is seeking permission to erect a new carport to the front of the property. The carport does not satisfy the relevant preferred solutions, performance requirements and objectives of the Development Control Plan – Dwelling Houses and Attached Dual Occupancies and will detract from the appearance of the dwelling and will create a poor streetscape precedent. It is recommended that the application be refused.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 1133/2001 for New carport to front of existing dwelling. at 72A Beach Street, Coogee for the following reasons:-

 

1.         The proposal fails to meet the relevant preferred solutions as the carport breaches the predominant building alignment and exceeds the 35% maximum site width and is sited less than 1m from the side boundary.

 

2.         The proposal fails to satisfy the objectives and performance requirements of the Development Control Plan – Dwelling Houses and Attached Dual Occupancies as the proposed carport breaches the predominant building alignment, being sited to the front of the dwelling detracts from the appearance of the dwelling and also the streetscape.

 

3.         The surrounding streetscape has not been compromised sufficiently enough to permit the erection of this structure with minimal impact.

 

4.         Approval of the carport will not be in the public interest.

 

5.         There have been no changes to the plans which were previously refused, there have been no changes to the existing site conditions and there has been no attempt to satisfy Councils requirements.

 

ATTACHMENT/S:

 

A4 Reductions

 

 

 

 

 

 

 

 

………………………………

………………………………

 

NADIA ELBOTATY

DIRECTOR OF PLANNING & ENVIRONMENT

DEVELOPMENT ASSESSMENT PLANNER

 

 

 

 

 



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

7 January, 2002

FILE NO:

738/01/GA

 

PROPOSAL:

 Demolition of the existing dwelling house and to erect a new two storey dwelling house with double garage under

PROPERTY:

 24 Inman Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 Archivision Design

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Anthony Andrews, Dominic Sullivan and Alan White .

 

Two submissions by way of objection to the proposal were received. The concerns raised with the proposal are overshadowing/loss of light, loss of views, floor space ratio, building setbacks and wall height.

 

The main issues regarding the proposal are considered to be overshadowing, loss of view and building setbacks.

 

The recommendation is for approval, subject to conditions to reduce the impact of the development on the streetscape and on neighbouring properties in terms of overshadowing/loss of light, privacy and view loss.

 

2.         THE PROPOSAL

 

It is proposed to demolish the existing brick dwelling house and metal carport on the site and to erect a new, two storey, 4-bedroom dwelling house with double garage under. The proposed ground floor level will accommodate three bedrooms, a rumpus room, games room, bathroom and laundry with shower and toilet facilities. The proposed first floor level accommodates a family/ lounge room, dining room, kitchen, the master bedroom with ensuite bathroom and walk in robe, and a toilet room. Front balconies are proposed to each of the ground and first floor levels, and a rear first floor terrace is proposed over the ground floor rumpus room below. At the basement/ garage level, a double garage and adjacent storeroom is proposed. Internal stair access is proposed from the rear of the double garage to the ground floor level.   

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the western side of Inman Street. It contains a freestanding, single storey, brick dwelling house with a northern side driveway to a metal carport.

 

Adjoining to the north at No.22 Inman Street is a freestanding, rendered and painted, two storey dwelling house with garaging under. To the south at No.26 Inman Street is a freestanding, two storey, brick and weatherboard dwelling house with mansard roof to the first floor level and single-car garage under. Further to the south are residential properties fronting Torrington Road.

 

Adjoining to the west (i.e. rear) are the rear yards of dwellings fronting Lurline Street.  

 

The site falls approximately 3.0m from the rear to front boundary.

 

 

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

           

            90/00001/DZ               Erect a 2 storey dwelling house. Approved 23/02/90.

 

90/00316/BZ               New dwelling. Approved 08/05/90

 

90/00001/DZA            Modify consent of 23/2/90 by altering conditions 1, 4, 5 & 6. Approved 19/03/90.  

 

            68/00426/BZ               Erect metal carport. Approved 1968.

 

            01/00007/XA               Pre-lodgement meeting. Proposed new two storey dwelling house with double garage under. Advice issued 06/02/01.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

5.1       Objections

 

            1.         Mr. R Bobbitt

                        26 Inman Street

 

            Concerns:

 

-     Overshadowing/loss of light

-     Loss of views

-     FSR

-     Setbacks from front, side and rear boundaries

-     Wall height

 

            2.         Ms L Black

                        36 Torrington Road

 

            Concerns:

 

                 -      loss of view

 

These concerns/issues are addressed under Section 9 of the report.

 

6.         TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1         Landscape Issues

 

There are two trees that will be affected by the proposed works, including:

 

1.         One street tree specimen of Banksia integrifolia (Coast Banksia) located along the front of the site along Council’s nature strip. This tree is in the order of approximately 1m in height appears in good condition and is not covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree on the condition a suitable replacement tree (not palm) is planted on Council’s nature strip.

 

2.         One street tree specimen of Metrosideros excelsa (New Zealand Christmas Bush) located along the eastern part of the site on Council’s nature strip. This tree is in the order of 6-7m in height appears in good condition and is covered by Council’s Tree Preservation Order. This tree should be retained as part of this application and tree protection measures will required during construction.

 

7.           MASTER PLANNING REQUIREMENTS

 

A Master Plan is not required as the site is less than 4000sq.m.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

(a)        Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Clause No.

Requirement

Provided

Compliance

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

Yes

Proposal satisfactory.

43

Heritage Item of Conservation Area

No

N/A

46

Vicinity of Heritage Item

No

N/A

 

8.1       Policy Controls

a.         Development Control Plan-Dwelling Houses and Attached Dual Occupancies

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

P1  New dwellings must achieve (Nathers) rating of 3.5 stars.

 

·      Design minimise  energy  for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

·      Hot water tanks and heaters close to rooms where hot water used.

·      Cooking tops located away from windows, fridges and freezers.

·      Task lights.

·      Maximised natural lighting.

·      Ceiling and wall insulation to AS2627.1-1993.

 

P2  Orientation and design maximises solar access to living areas and open space.

 

 

 

 

 

 

 

 

 

P3  Design minimises use of mechanical appliances.

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise  energy requirements.

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

P8  Windows sized to reduce summer heat and permit winter sun.

 

P9  Design and siting of buildings, alterations minimises loss of solar access to neighbours.

 

 

P9  Neighbour’s north-facing living area windows receive at least 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June. If less is already available the amount is not reduced.

 

P9  Neighbour’s principal outdoor area receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If less is already available the amount is not reduced. 

 

P10  Construction materials are energy efficient and recyclable.

S1  New dwellings provide certificate complying with a minimum (Nathers) rating of 3.5 stars or equivalent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S2.8  North-facing windows to living areas received at least 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June.

 

S2  Private open space

receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S9  Solar access to solar collectors on adjacent buildings maintained between 9.00am and 3.00pm each day.

 

 

S9  North-facing windows to living areas of neighbours receive 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June. If less available the amount is not reduced.

 

 

 

 

S9  Neighbour’s principal outdoor open space receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If less available the amount is not reduced.

 

 

No Nat HERS Certificate submitted with application however, this may be lodged at Construction Certificate stage.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

See Section 9.9 of report.

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

 

 

S1  Stormwater is graded and drained via a gravity system to Council’s street gutter; or to a suitable absorption system.

 

S1  Rainwater tanks or other storage systems collect roof run-off.

 

 

 

 

 

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

S3  Landscaped area: contain low water demand plant species and design.

 

 

 

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

 

P3  Local indigenous plant species used.

 

P4  Existing trees and shrubs retained.

 

P5  Planting will not obscure or obstruct dwelling entities or personal safety.

 

P6  Unpaved or unsealed landscaped areas are maximised.

S1  40% of the total site area is landscaped.

 

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

 

Approximately213.0sq.m or 49.8%-complies.

 

Complies

 

 

 

Complies

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approximately 140.2 sq.m or 32.8% of site area-complies.

FLOOR AREA

P1  Building bulk must be compatible with surrounding built forms, minimise effects on neighbours and streets.

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

Preferred solution is 0.60:1.

 

Proposed is

0.785:1. Refer to Section 9.2 of report.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

P3  Design relates to the topography with minimal cut and fill.

 

 

 

 

 

 

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

 

 

 

 

P5  Second storey of a semi detached dwelling integrates with streetscape and adjoining dwelling.

 

 

P6  Design allows view sharing.

S1  Maximum 7m external wall height for house or attached dual occupancy.

 

 

 

 

S1  Maximum 3.5m external wall height of buildings or additions to the rear.

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

 

 

 

 

 

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

S4  Length of second storey portion is not greater than 12m at less than 1.5m from a southern boundary.

 

 

 

 

 

S5  Second storey potion of a semi is confined within a existing roof space or setback from the front elevation and respects the symmetry of the adjoining semi.

 

Proposed maximum 7.8m at south-eastern corner. See Section 9.3 of report.

 

N/A

 

 

 

 

 

 

 

Maximum cut 1.3m at south eastern corner of site. Complies via condition of consent. See Section 9.1 of report.

 

Complies.

 

 

Complies.

 

 

Does not comply with preferred solution, but will satisfy performance requirements and objectives subject to condition.

 

N/A

 

 

 

 

 

 

See Section 9.10 of Report.

BUILDING

SETBACKS etbacksSETBACKS

Front Setback

 

P1  Generally conforms with adjoining development or dominant setback along street.

 

Rear Setback

 

P2  Allow neighbours adequate access to natural light, view sharing and retains trees and vegetation.

 

Side Setback

 

P3  Allow occupants and neighbours adequate access to natural light, daylight and fresh air.

 

Side setbacks on corner allotments must integrate with established setbacks of both streets and maintain the streetscape.

Front Setback

 

S1  The average of adjoining dwelling or 6m setback where no adjoining dwelling.

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

S3  900mm for any part over 1m above ground level up to one level in height.

 

1.5m for any part of a building, two levels at that point.

 

3.0m for any part of a building more than two levels at that point.

 

 

 

Complies via condition of consent. See Section 9.4 of report.

 

 

 

Proposed 8.65m. Complies.

 

 

 

 

 

 

 

 

 

Proposed 1340mm generally. See Section 9.4 of report.

 

 

 

 

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

P1  Overlooking neighbouring internal living areas and private open spaces is minimised.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

P3  Dwellings close to noise sources such as busy roads or industry designed to provide comfortable living and sleeping environment.

 

 

 

 P1  Buildings provide comfortable living and sleeping environment.

 

P2  Entries are readily identifiable.

 

P3  Front fences, landscape areas and driveways promote safety and security.

S1  Habitable room windows with direct outlook to others windows within 9m are offset by more than 45 degrees or have fixed obscure glazing or sill height to 1.5m.

 

S1  Direct view into the private open space of adjoining dwelling is obscured or screened within 9m.

 

S1  Windows have sill heights of 1.5m or more above floor level or fixed obscure glazing to any part of the window less than 1.5m above floor level.

 

 

 

 

 

S3  Buildings comply with

•AS-2107: Acoustics – recommended design sound levels and reverberation times for building interiors.

 

S1,2,3  Front doors visible from street.

 

S1,.3  At least one habitable room window overlooks the street.

 

S2  Street number displayed.

 

 

S3  Fences comply with fencing requirements.

 

 

 

 

 

 

 

 

Complies via condition of consent. See Section 9.5 of report.

 

 

 

 

 

 

 

 

Complies.

 

 

 

N/A

 

 

 

 

 

Complies.

 

 

Complies.

 

 

 

Complies via condition of consent.

 

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

·     enable the efficient use of car spaces.

·     safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

P3  Do not detract from the streetscape and are compatible with the dwelling.

 

P4  Car parking areas and accessways facilitate stormwater infiltration on site.

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

 

 

 

S1  Car parking spaces have minimum dimensions of 5.5 metres x 2.5 metres.

 

·      Driveways have a minimum width of three metres and are set back at least one metre from the side boundary (max width 3m at boundary).

·      Driveway gradients have a maximum of 1 in 6. The gradient for the first 5m from street not more than 1 in 8.

 

·      Garages and carport to a rear lane are 1m setback.

 

 

S2  Carports and garages located behind the building where rear access available, or behind building line where front access available.

 

S3  Driveways, car parking facilities <35% of frontage.

 

 

 

 

 

 

2 spaces required. Double garage proposed-complies.

 

Dimensions, gradients and setbacks comply.

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

 

Complies.

 

 

 

Proposed garage spans approx. 44.3% of site frontage-does not comply with preferred solution; however performance requirements and objectives will be satisfactorily met.

 

 

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

Solid front fences in front of the building line no higher than 1.2m.

 

Fences in front of the building line no higher than 1.8m with upper two thirds at least 50% open. (Not applicable in Heritage Conservation Areas).

 

 

 

Complies.

 

9.         ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

9.1       Landscaping

 

            The objectives and performance requirements of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced, dwellings are provided with usable outdoor recreation area, storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

            Preferred solutions include that a minimum of 25m² of useable private open space be provided, a minimum of 40% of the total site area is provided as landscape area, half of which should be soft permeable landscaping, and each dwellings private open space shall be capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

 

            If the private open space is proposed towards the front of the dwelling it should be located behind the required building line.

 

            The proposal will meet the preferred solutions of the DCP in relation to landscaping. In order to improve the appearance of the development from the street, and to maintain natural topography and reduce unnecessary excavation within the front setback of the building, it is recommended that the proposed retaining wall along the southern side boundary be relocated to the southern edge of the driveway and that the existing ground levels in this area of the front yard be retained and suitably landscaped.

 

9.2       Floor Area

 

            The objective and performance requirements of the DCP are that developments are not excessive in bulk or scale, compatible with the existing character of the locality and also minimise adverse effects of bulk on neighbours and the street.

 

            The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies. The proposed FSR including the proposed storeroom at the garage level and the proposed terraces/balconies (being in excess of 40sq.m in total area) is 0.785:1. Excluding the storeroom at garage level and the terraces/balconies, the FSR would be 0.615:1- a departure of 6.57sq.m from the preferred FSR solution of 0.6:1. The proposed storeroom does not contribute additional building bulk to the proposed building. The total proposed terrace/balcony area is 50sq.m.

 

            The proposed FSR may be acceptable subject to a satisfactory amenity performance in relation to the proposal’s impacts upon neighbouring properties.    

 

9.3       Height, Form & Materials

 

            The objectives of the DCP are that developments should not be excessive in height and scale and are compatible with the existing character of the locality, and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

            The relevant performance requirements are that the height of buildings should relate to those in the existing streetscape and buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets.

 

            Preferred solutions include that the external wall height of the building not exceed 7m, and the length of a second storey portion is no greater than 12m at less than 1.5m from a side boundary.

 

            The proposed building has a maximum wall height of 7.8m at its lowest north-eastern corner, but otherwise meets the preferred solution of 7.0m. The average two storey wall height on the south elevation is 6.2m and on the north elevation, 7.0m.

 

            The second storey portion of the proposed building extends a length of 15.4m set back 1340mm from the southern side boundary. It is considered that the southern side setback should comply with the preferred 1500mm setback solution of the DCP and the proposal can be conditioned accordingly.

 

            The proposed building is compatible in bulk and scale with existing development in the streetscape. The building is to be of double brick cavity construction with a rendered and painted finish, aluminum framed windows and concrete tile roofing, and timber pergola to the front, first floor balcony area. These materials and finishes are compatible with those existing in the streetscape and the foreshore scenic protection area generally.

 

9.4       Building Setbacks

 

            The objectives and performance requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours, and with respect to front boundary setbacks that the proposal generally conform with the adjoining or dominant streetscape.

 

            Preferred solutions include that side setbacks be 900mm for any part of the building at ground level and 1.5m at first floor level, and that no part of the building is closer than 4.5m from the rear boundary.

 

            The proposed building has a front setback in excess of the front setbacks of the neighbouring dwellings, which are about 4.7m. It is recommended in this regard that the proposed building be repositioned 1.9m closer to the street alignment. This will render the proposal with a front setback that is more consistent with the existing adjoining dwellings while at the same time reducing the rear projection of the building beyond the rear alignments of the adjoining dwellings.   

 

            The first floor level is setback 1340mm from the northern and southern side boundaries, with the exception of a reduced setback of 890mm to the proposed ensuite on the south elevation. Due to the proposed 15.4m length of the first floor level, it is considered that the setback of the proposed building from the southern side boundary should be increased to 1500mm generally, so as to ensure adequate light access to windows of the neighbouring southern dwelling at No.26 Inman Street.

 

9.5       Visual & Acoustic Privacy

 

            The objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbour’s requirements for visual and acoustic privacy.

 

            The performance requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies and where necessary, separation, screening devices and landscaping.

 

            No significant adverse overlooking will be afforded from the proposed front ground and first floor balcony areas of the development.

 

            The proposed rear first floor terrace off the family/lounge room is elevated and quite large and will afford significant potential for adverse overlooking of the rear yards of the adjoining dwellings. It is recommended that the terrace be reduced in depth to 2.0m, similar to the rear first floor terrace of the adjoining dwelling to the north at No.22 Inman Street. Furthermore, it is recommended that a privacy screen of height 1.6m be provided along the northern edge of the terrace so as to reduce the privacy/overlooking impact on No.22.   

 

            It is also recommended that frosted glass or similar be provided to the proposed bathroom, ensuite, laundry and powder room windows in the southern side elevation of the building, so as to restrict interlooking between these window openings and those in the adjacent side wall of No.26 Inman Street.

 

9.6       Safety & Security

 

The objectives and performance requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance, dwellings and their entrances are readily identifiable by street numbering and design of front fences and landscaped areas allows for safe access to the dwelling.

 

Preferred solutions are that the front doors of dwellings are visible from the street, at least one habitable room window overlook the street, a Council approved street number is conspicuously displayed at the front of the dwelling or front fence, and that any front fence comply with the other relevant requirements of the DCP. 

 

The proposal provides for a front entry, balconies and adjacent bedroom window openings to overlook the street frontage. 1200mm high front fencing comprising 1200mm high piers and 700mm high base walls with metal infill panelling is proposed. The proposed front fencing is of an acceptable design and height in the streetscape.

 

9.7       Garages & Driveways

 

The objectives and performance requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the street scape, and structures are compatible in scale, form, materials and finishes with the associated dwelling.

 

Preferred solutions include that car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have a minimum width of 3m and are set back at least 1m from the side boundary, parking is located behind the building line and driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment. Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from the street alignment and 1 in 6 there after.

 

The proposed double garage and associated driveway area is set back 1.5m from the nearest side boundary and spans approximately 44.3% of the site’s width. The garage however is integrated into the design of the building and is contained beneath the proposed front ground and first floor balcony areas. The proposal will satisfactorily meet the performance requirements of the DCP in this regard.

 

9.8       Front Fencing

 

Generally the objectives and performance requirements for fences in the DCP are to ensure that front fencing is integrated with the street scape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

Preferred solutions include that solid fences front fences are no higher than 1200mm and other types of fences be 1800mm maximum in height and they be designed so that the upper two thirds is at least 50% open.

 

1200mm high front fencing comprising 1200mm high piers and 700mm high base walls with metal infill panelling is proposed. The proposed front fencing is of an acceptable design and height in the streetscape.

 

9.9       Solar Access and Energy Efficiency

 

The overall objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction, the use of appropriate resources, encourage the use of passive solar design, and protect solar access enjoyed by the adjoining premises.

 

As a general guide new dwelling houses and attached dual occupancies must demonstrate that they have been designed to achieve an energy efficiency, Nat HERS, rating of 3.5 stars and buildings are orientated and internally configured to take advantage of and maximise solar access.

 

The preferred solutions of the DCP include that private open spaces, outdoor recreation areas and north facing windows to the subject and adjoining premises receive at least 3 hours of sunlight over at least part of their surface between 9.00am and 3.00pm during the winter equinox. If less than the preferred solution is currently available access to sunlight should not be reduced.  

 

A shadow analysis of the proposal indicates that the rear courtyard area and ground floor living area windows of the adjoining dwelling house to the south at No.26 Inman Street will receive less than 3 hours of sunlight between 9.00am and 3.00pm in mid winter. This is due to the proposed projection of the building beyond the established rear setbacks of the existing and adjoining dwellings at both the ground and first floor levels.

 

The front setback of the proposed building is approximately 6.5m, whereas the adjoining and other nearby dwellings in the streetscape are set back approximately 4.7m from their front boundary alignments. In order to maintain reasonable levels of solar access to the rear courtyard and ground floor living area windows of No.26 Inman Street, it is recommended that the proposed building be repositioned 1.9m closer to the front alignment of the property. This will bring the rear setback of the two storey portion of the proposed building into line with the two storey, rear setback of No.22 Inman Street, and to a point approximately 0.5m beyond the rear single storey alignment of No.26 Inman Street. Furthermore, and as previously discussed, the rear, ground floor rumpus room (and terrace over) will be required to be reduced in length to 2.0m which should further reduce the overshadowing effect on the property No.26 Inman Street      

 

A Nat HERS certificate has not been provided with the application. However, compliance with the minimum 3.5star rating is expected and the certificate may be submitted with the Construction Certificate. 

 

9.10     Views

 

The proposal will adversely impact on distant northerly ocean and headland views currently enjoyed from the rear yard area and at an acute angle from the rear first floor bathroom and bedroom windows of No.26 Inman Street. 

 

The repositioning of the proposed building 1.9m closer to the street alignment will improve the northerly aspect from the rear yard area of No. 26. However, it is considered that the projection of the proposed ground floor rumpus room and first floor terrace beyond the rear ground floor and terrace projection of No.22 Inman Street will unreasonably impact upon the amenity of neighbouring properties, in terms of view loss from No.26 and privacy impact on No.22 Inman Street.  It is therefore recommended that the projection of the ground floor rumpus and terrace over, beyond the rear two storey portion of the building be reduced to 2.0m so as to be consistent with the rear setback of No.22 Inman Street. These measures will also ensure that the proposal does not adversely impact on views from residential properties further south fronting Torrington Road, including No.36 Torrington Road.

 

10.       CONCLUSION

The application is recommended for approval by Council subject to conditions to reduce the impact of the development on the streetscape and on neighbouring properties in terms of overshadowing/loss of light, privacy and view loss.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 738/2001 for Demolition of the existing dwelling house and to erect a new two storey dwelling house with double garage under at 24 Inman Street, Maroubra subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans comprising 2 sheets prepared by Archivision Design-Sheets 1 and 2, dated 3 July 2001 and received by Council on 17 August 2001, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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.         In order to reduce the impact of the development on the streetscape and adjoining properties:

 

a.         The proposed building is to be repositioned 1.9m closer to the front boundary of the property so as to be consistent with the front setbacks of adjoining buildings;

 

b.         The ground floor rumpus room and first floor terrace over is to be reduced in depth by 2.4m and a 1.6m high privacy screen is to be provided along the northern edge of the terrace;

 

c.         The proposed retaining wall along the southern side boundary within the front yard area is to be relocated to the southern edge of the driveway, and the existing ground levels within this part of the front yard area are to be retained and the area suitably landscaped;

 

d.         Frosted or obscure glass or similar is to be provided to the proposed bathroom, ensuite, laundry and powder room windows in the southern side elevation of the proposed building;

 

e.         Privacy screening of minimum height 1.6m is to be provided to the north eastern corner of the proposed front, first floor balcony area so as to restrict overlooking to the adjacent first floor balcony area of the adjoining dwelling to the north at No.22 Inman Street; and

 

f.          The southern side setback of the building is to be increased to 1500mm. 

 

Details of compliance are to be provided in the construction certificate plans

 

3.         The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning & Environment, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to commencement of any building works.

 

4.         The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.  Details of compliance are to be provided in the construction certificate plans or specifications.

 

5.         There must be no encroachment of any part of the structure/s onto the adjoining premises or onto Council’s road reserve, footway or public place.

 

6.         Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

7.         All plumbing and drainage pipes, other than rain water heads, gutters and downpipes, must be concealed within the building.

 

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

 

9.         The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes without obtaining the prior written development consent from the Council.

 

10.       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.

 

11.       The development must be designed and constructed to achieve a minimum energy efficiency Nat HERS rating of 3.5 stars or equivalent and a Nat HERS certificate or equivalent, prepared by a suitably qualified person, is to be submitted to the certifying authority with the construction certificate application.

 

            The design of the building must be consistent with the development consent and any proposed variations to the building to achieve the energy efficiency rating may necessitate a new or amendment to the development consent prior to the issuing of a construction certificate.

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

12.       Surface water/stormwater must be drained and discharged to the street gutter and details are to be included in the construction certificate details for the development.

 

            Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council’s Director of Planning and Environment prior to commencement of works.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

13.       All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

14.       In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the requirements of the Home Building Act 1989.

 

Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

 

·          has been informed in writing of the licensee’s name and contractor number; and

·          is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

Where the work to be done by any other person (i.e. an owner builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

·          has been informed of the person’s name and owner-builder permit number, or

·          has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $3,000.

 

Details of the builder and compliance with the provisions of the Home Building Act 1989 are to be submitted to Council prior to the commencement of works, on the notice of appointment of the PCA / Intention to commence building work.

 

The following conditions are applied to ensure that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

15.       All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July, 1993.

 

16.       Prior to the commencement of any building 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.

 

17.       Prior to the commencement of any building work, a principal certifying authority must be appointed and Council is to be notified accordingly and, at least 2 days notice of the intention to commence building work must be given to Council, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

18.       A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be available to the Council officers upon request.

 

19.       The building works are to be inspected by the principal certifying authority (or other suitably qualified person on behalf of the applicant) to monitor compliance with Council’s approval and the relevant standards of construction.

 

Documentary evidence of compliance with Council’s approval and relevant building inspections, is to be maintained by the principal certifying authority.

 

20.       A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

(a)        Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being constructed at the approved levels.

           

(b)        On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

21.       Building and demolition works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and public holidays, except with the specific written authorisation of Council’s Manager of Environmental Health and Building Services.

 

22.       A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that ‘unauthorised entry to the site is prohibited’ and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours.

 

In the case of residential building work, the sign is also required to detail the licence number of the building contractor or the permit number of the owner-builder, in accordance with the Home Building Act 1989 and Regulations

 

23.       Noise emissions during the construction of the building and associated site works must comply with the relevant provisions of the Protection of the Environment Operations Act 1997 & the Noise Control Manual published by the Environment Protection Authority, except as may be amended by the conditions of this approval.

 

24.       Building 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 at all times.

 

25.       Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written consent of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Council’s Local Approvals Policy.

 

26.       Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

27.       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

 

Details of the proposed sediment control measures must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and a copy of the approved details must be made available to Council officers upon request.

 

Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment.

 

28.       Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

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.

 

Hoarding or fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

The following conditions are applied to ensure that reasonable levels of fire safety are provided in the building:

 

29.       Smoke alarms are required to be installed in each Class 1 building or dwelling in accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.

 

The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the remainder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority.

 

Smoke alarms are not to be located in ‘dead-air-spaces’, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex of raked ceilings, as detailed in Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Details of compliance with the provisions of the Building Code of Australia must be included in the plans / specification for the construction certificate.

 

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

30.       The following security deposits requirements are to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)         $1000.00         -           Vehicular crossing deposit

 

            The vehicular crossing deposit may be provided by way of cash or cheque with the Council and is refundable upon the completion of the Council vehicular crossing.

 

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

 

31.       The applicant must meet the full cost for Council or a Council approved contractor to:

 

a.   Construct a concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

b.   Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

32.       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 building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

33.       The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

The following conditions are applied to provide adequate provisions for future civil works in the road reserve:

 

34.       The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be 50mm above the top of the kerb at all points opposite the kerb, along the full site frontage. Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department. The design alignment level at the property boundary must be strictly adhered to.

 

35.       The above alignment levels have been issued by the Council's Department of Asset & Infrastructure Services at a prescribed fee of $201.00 calculated at $16.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

36.       The design alignment levels issued by Council and their relationship to the kerb must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

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

 

37.       A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

38.       The applicant must meet the full cost for Telstra, Energy Australia, Sydney Water or Natural Gas Company to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

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

 

39.       A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system/absorption system. The sediment/silt arrestor pit shall be constructed with:-

 

·          The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

 

·          The pit must be constructed from cast in-situ concrete, precast concrete or double brick.

 

·          The grate is to be a galvanised heavy-duty grate that has a provision for a child proof fastening system.

 

·          A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

 

·          A galvanised heavy-duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipe. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

·          A child proof and corrosion resistant fastening system for the access grate (e.g. similar to a Weldlock spring loaded jay-bolt).

 

·          The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

 

·          A sign adjacent to this pit stating that:

 

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

Note:   Sketch details of a standard sediment/silt arrester pit can be obtained from Council’s Drainage Engineer.

 

40.       As the above site may be affected by the movement of seepage water the basement garage and storeroom or similar structures may need to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofed has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

Notes:-

 

a)   Any subsoil drainage is to be disposed of within the site and is not to be charged to Council’s kerb & gutter and/or underground drainage system.

 

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

 

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

 

41.       That part of the naturestrip 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 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf. Such works shall be completed at the applicants expense prior to the issue of the Occupation Certificate.

 

42.       The naturestrip upon Council's footway shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds.

 

43.       In order to visually 'soften' the expanses of hard pavement, brick unit pavers or similar shall be used throughout the driveway and carpark areas on the site. Such details shall be shown on the detailed engineering documentation and shall include all structural design details including pavement/subgrade thickness.

 

Such details shall be in accordance with the relevant Australian Standard and shall be submitted to, and approved by, an Accredited Principal Certifying Authority, prior to the issue of the Construction Certificate.

 

44.       Any substation required shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

45.       All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

Tree Management

 

46.       The applicant shall submit payment of $145 to Council,

 

a.         Being the cost for Council to supply and install 1 x 45 litre street tree at the completion of all works, and

 

The contribution shall be paid into Account Number 43450030 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for the works to be undertaken.

 

47.       The applicant shall be required to ensure the retention and long term health 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.

 

Tree Protection Measures

 

48.       In order to ensure the retention of the Metrosideros excelsa (New Zealand Christmas Bush) located along the eastern part of the site on Council’s nature strip in good health, the following measures are to be undertaken:

 

a.         All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the existing tree specimen with the position of the tree trunk and full diameter of the tree canopy clearly shown on all drawings.

 

b.         All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show no alteration in the existing soil levels or the location of any structures, services, footings, paving, detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile, or any excavations within a radius of 3 metres from the outside edge of the tree trunk.

 

c.         Any excavations required for footings, structures, retaining walls, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 4 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

ADVISORY MATTERS:

 

A1.      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 building/demolition works.

 

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 building works being carried out at the above site. This includes the removal of cement slurry from Council’s footpath and roadway.

 

ATTACHMENT/S:

 

A4 configurations

 

 

………………………………

………………………………

 

STEVEN HUGHES

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 

 

 



 




 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

21 January, 2002

FILE NO:

01/01037/GJ

 

PROPOSAL:

 Alterations and additions including first floor additions to the existing dwelling house for the use as a child care centre

PROPERTY:

 15 Willis Street, Kingsford

WARD:

 West Ward

APPLICANT:

 Mark Gerstl & Associates Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Anthony Andrews, John Procopiadis, Peter Schick, Margery Whitehead.

 

The applicant is seeking approval to carry out alterations and additions to the existing semi-detached dwelling including a new first floor and to use the subject property as a child care centre.

 

The subject property is located within a residential 2A zone and child care centres are permissible within the zone. Council supports in principle the provision of additional child care facilities within the Randwick Area to meet the demand for child care. The subject proposal, however fails to satisfy Council’s requirements for child care facilities as well as the design requirements for alterations and additions to dwelling houses.

 

In particular, the application proposes to use Council’s nature strip in front of Numbers 15 and 17 Willis Street for short term parking. Council approval for the parking arrangement, including its consent to lodge the application as landowner,  was not obtained by the applicant prior to submitting the development application. Notwithstanding this, a merit assessment was carried out on the proposed parking arrangements. They cannot be supported in their current form.

 

Multiple stairs are proposed along the northern side of the site to the main access to the centre. This is considered inadequate given that parents/carers with strollers and small children will require access to the site. Stair access is considered inappropriate for a child –care centre and would result in a development that does not provide necessary disabled or mobility impaired access.

 

The development is also a potential noise nuisance to the adjoining semi-detached property and acoustic privacy will be compromised to other adjoining properties given the proposed elevated outdoor play areas at first floor level.

 

The proposed alterations and additions exceed Council’s floor space ratio requirements and external wall height requirements. Landscaping and the design and siting of the first floor addition also compromises the Development Control Plan (DCP) requirements beyond a reasonable level. The application is recommended for refusal.

 

2.         THE PROPOSAL

 

The applicant is seeking approval to carry out alterations and additions to the existing semi-detached dwelling including a new first floor addition to use the property for the purpose of a 30 place child care centre.

 

The proposal entails the provision of 5 car parking spaces on Council’s nature strip in front of properties no 15 & No 17 Willis Street, Kingsford. At ground level the application proposes to provide a new masonry and metal front fence  and landscaped front yard. Internally the application proposes a meeting/interview room, staff room, reception, food prep area, play space, store, WC, nappy change room, toilets. At first floor level, the proposal entails a play space and toilets and an external play area.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Willis Street, Kingsford. It is occupied by an existing single storey semi-detached dwelling with existing garages at the rear of the property with access from Kennedy Lane.

 

The site is generally rectangular in shape, with a 6.905m frontage to Willis Street, 6.975m frontage to Kennedy Lane, a depth of 53.645m and a total site area of 373m2. The property slopes quite markedly up from west to east, from the front of the property towards the rear.

 

Development in the surrounding locality is predominantly residential. The subject site is attached to the south by an existing single storey semi detached dwelling, and along the northern side is backed on to by numbers 1, 3, 5, 7 & 9 Norton Street, Kingsford.

 

4.         SITE HISTORY

 

a.         APPLICATION HISTORY

 

A preliminary assessment was carried out on the subject application and a meeting was held with the applicant/architect, the property owners and Council officers. The applicants were advised of the following issues relating to the application:

 

§   The proposed development exceeds the Floor Space Ratio Requirements in Council’s Local Environmental Plan. The FSR is calculated at 0.55:1, which exceeds the 0.5:1 requirement. The external play area at ground level has 3 enclosing walls and is roofed and is considered to be a further addition to floor area. When the external play area is included, the floor space ratio calculation becomes 0.68:1. No SEPP 1 objection to the FSR development standard has been provided with the application.

§   The proposal exceeds the 7m external wall height requirements in Council’s Local Environmental Plan, with a proposed wall height of 8.6m and up to 9.1m at one point. No SEPP 1 objection to the wall height development standard has been provided with the application.

§   Council approval was not obtained prior lodging the Development Application to use the Council nature strip in the front of the subject property and the adjoining property for a pick up and drop off area for users of the centre. The application seeks to use public open space for a commercial purpose without the consent of the owner, i.e. the Council. Without Council’s consent the application cannot be supported.

§   The proposed first floor addition to the semi has not been setback behind substantial portion of the existing roof as detailed in Council’s Development Control plan – Dwelling Houses and Attached Dual Occupancies. The proposed additions do not meet the design and siting requirements of the DCP.

§   Accessibility/mobility issues have not been addressed. The proposed stairs running along the northern site of the site at the main entry combined with the proposed stairs from the drop off area creates difficulty in entry for parent/carers and prevents disabled and mobility impaired access.

§   Acoustic privacy issues have not been addressed. The property shares a common wall with the adjoining semi. The proposed use of the first floor external play areas will create noise nuisance to adjoining properties.

§   General design issues. Although the existing frontage of the semi has been significantly altered the forward nature of the proposed addition will compromise the architectural integrity of the pair of semis and create an asymmetrical design. This will detract from the building character and the streetscape. 

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

5.1       Objections

 

Gavin Ward – 5 Norton Street, Kingsford

J & K Gale – 7 Norton Street, Kingsford

Reginald Chee – 9 Norton Street, Kingsford

Emma Thornett & Tara Thornley – Tenants at 17 Willis Street, Kingsford

Caroll & O’Dea Solicitors on Behalf of Margaret Jex – 17 Willis Street, Kingsford

Tony Hall & Neil Tenni – 5 Norton Street, Kingsford

Kathy Gallop – 11 Norton Street, Kingsford

Darryl Sherer – 11A Willis Street, Kingsford

Belinda Russon & Vin Nayanar – 3 Norton Street, Kingsford

Angela, George, Helen Zavras & Brett Butler – 89 Barker Street, Kingsford

Mr & Mrs Zavras – 87 Barker Street, Kingsford

Judith A Mills – 21 Willis Street, Kingsford

Mr Louis Tullis – 9 Willis Street, Kingsford

Craig Sewell Estate Agents on behalf of Margaret Jex – 17 Willis Street, Kingsford

Colin and Jean Campbell – 1 Norton Street, Kingsford

Michael & Lyn Guilhaus – 11 Willis Street, Kingsford

 

The issues raised in the submissions are submitted below;

 

-           Proposal will increase traffic congestion already in the area, with heavy traffic received from people attending the University of NSW.

-           Site is incapable of meeting parking requirements

-           No provisions for staff parking

-           Proposed parking arrangement on nature strip will compromise landscaping and streetscape

-           Proposed parking arrangement on nature strip will privatise public open space for private business

-           Property No. 17 Willis Street was not consulted to use nature strip in front of property for subject development

-           Site is incapable of meeting parking requirements.

-           Proposal will set an undesirable precedent

-           Outdoor terrace will result in loss of privacy

-           Proposal will compromise privacy to properties along the northern side of the site fronting Norton Street with people using main access path to the north for dropping off and picking up of children.

-           Paling fence on southern side boundary is falling and will not protect privacy of adjoining property

-           Lack of disabled access

-           Proposal will increase noise levels and result in loss of acoustic privacy

-           Noise and disturbance will result in loss of tenants to adjoining property

-           Adjoining properties work from home, noise impacts will affect their work

-           No sound proofing has been proposed

-           Personal lives may need to be readjusted so as to not impact on children on the subject property, intrusion on personal lives.

-           Day care centre not appropriate for residential area

-           Several centres already existing in the area, the proposal will result in an oversupply of child care centres.

-           Sewerage system is old and commercial development will put a strain on the existing system.

-           Design of dwelling does not integrate with the streetscape and will result in visual disparity

-           The proposal exceeds the floor space ratio requirements

-           The proposal is an overdevelopment of the site

-           Overshadowing effect and loss of sunlight to adjoining property no 17 Willis Street.

-           Location and orientation of site not suitable for child care

-           No 17 Willis Street has no intention of selling property to developers, claims statement on Page 9 Paragraph 9 of Statement of Environmental Effects is incorrect.

 

In addition a petition from the residents of Norton Street has been received against the proposal. The grounds for objections are:

 

-           Inappropriate use of the area

-           Current lifestyle will be severely impacted

-           Traffic from the development will clash with university traffic, roads are already narrow and congested

-           Privacy of adjoining properties will be severely impacted

-           Impact on the amenity of the adjoining residents

-           The development is inappropriate in terms of its siting, design, location and response to site constraints

-           Adverse environmental impact on locality.

 

5.2       Support

 

Professor Arun Sharma

Head School Computer Science & Engineering – University of NSW

 

Crystal Condous

Registrar and Deputy Principle – University of NSW

 

-           University strongly support initiatives to develop child care to meet the growing demands for childcare.

 

Maria Vaccarella – 91 Barker Street, Kingsford

 

-    Support application as it will provide a community benefit

 

6.         TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1       Building and Construction Issues

 

-           BCA Classification

 

Under the building Code of Australia, the classification of the building is:

 

Assembly building – Class 9b

 

-           General Comments

 

No objection is raised with respect to compliance with the

 

·          Environmental health and building provisions of the Environmental Planning and Assessment Act 1979, as amended

·          Provisions of the Building Code of Australia

·          Provisions of the Local Government Act 1993 & regulations

 

-           Other comments

 

The development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)     Part C3                    -           Protection of openings

b)     Part E2                     -           Smoke Hazard Management

c)     Part E4                     -           Emergency lighting, exit signs and warning systems

        d)     Part F5                     -           Sound Transmission and Insulation

 

6.2       Engineering Issues

 

Landscape Issues

 

1.                  There are several trees covered by Council’s Tree Preservation Order that will be affected by the proposed works, including:

 

a)         One (1) Eucalyptus species (Gum Tree) located within the front yard of the adjoining property to the south. This tree is approximately 15 metres tall and in good health and as such, should be retained as part of this application. The proposed construction of the first floor may encroach slightly on the canopy of the tree. As such permission should be granted for the selective pruning of this tree.

b)         One (1) Arecastrum romanzoffianum (Cocos Palm) located within the front yard of the site, close to the northern property boundary. This palm is approximately 12 metres tall and good health, however it is located very close to the proposed retaining wall and would probably die during construction. Given that it is not a significant species within the Randwick area, permission should be granted for its removal, subject to the planting of one replacement tree within the site.

c)         Two (2) Arecastrum romanzoffianum (Cocos Palms) located within the front yard of the site, close to the existing retaining wall. Both of these palms are approximately 12 metres tall and in good health. As such these palms should be retained and protected as part of this application.

d)         One Archontophoenix alexandrae (Alexandra Palm) located within the front yard of the site. This palm is approximately 6 metres tall and in good health. As such this palm should be retained and protected as part of this application.

e)         One Melaleuca quinquenervia (Paperbark) located along the front property boundary of the site, adjacent to the existing concrete footpath. This tree is a multi-trunked specimen, approximately 6 metres tall and in reasonable health. Given that it is proposed to construct a retaining wall and backfill around this tree, permission should be granted for its removal.

f)          One Fraxinus species (Ash) located along the front property boundary of the site, adjacent to the existing concrete footpath. This tree is a multi-trunked specimen, approximately 6 metres tall and in reasonable health. Given that it is proposed to construct a retaining wall and backfill around this tree, permission should be granted for its removal.        

g)         One Melaleuca quinquenervia (Paperbark) located along the northern boundary of the rear of the site. This tree is in average condition and is the order of approximately 5-6 metres in height. The plans show the retention of this tree and as such it should be retained as part of this application.

h)         One Cotoneaster sp. (Cotoneaster) located along the northern boundary of the rear of the site. This tree is in the order of 6 metres in height in good condition and provides suitable screening from the adjoining property. This tree is listed as an environmental weed within the Randwick City Council area. Permission is granted for the removal of this tree subject to one replacement tree (not palm) planted along the northern boundary of the rear of the site.

i)          One Chamaecyparis sp. (False Cypress) located towards the southern boundary of the rear of the site. This tree is the order of approximately 5-6 metres in height with a considerable amount of deadwood. The plans show the retention of this tree and as such it should be retained as part of this application.

j)          One Chamaecyparis sp. (False Cypress) located within the rear yard of the adjoining property to the south (no. 17 Willis Street). This tree is in the order of approximately 7-8 metres in height appears to be in average condition with a notable amount of deadwood. This tree is to be retained and tree protection measures will be required during construction.

k)         One Eucalyptus sp. (Gum Tree) located within the rear yard of the adjoining property to the south (no. 17 Willis Street). This tree is in the order of approximately 15 metres in height appears to be in very good condition and is covered by Council’s Tree Preservation Order.

            The plans indicate that the proposed ‘external play space’ area is to be excavated within approximately 2-3 metres of the Gum Tree, which may, given the age and size of the tree, have a detrimental effect on the health of the tree.

 

Traffic/Parking Issues

 

“The Manager of Design has viewed the submitted plans and wishes to advise that the proposed short term parking area located on Council’s nature strip in front of above development site and the adjoining neighbours will not be approved for construction.

 

The Department (referring to Development Assessments) is to determine whether the refusal of the short term parking spaces will affect any proposed development consent for the Child Care Centre.”

 

7.         MASTER PLANNING REQUIREMENTS

 

Not Applicable.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

(a)        Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Clause No.

Requirement

Provided

Compliance

30 - Min. Lot Size

N/A

N/A

N/A

31 - Landscape Area

Min 40% of total site area as landscaped area

45%

Yes

32 - FSR

0.5:1

0.68:1

No

33 - Building Height

7m External wall height

 

9.5m Overall building height

9.1m

 

9.4m

 

No

 

Yes

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

No

N/A

43

Heritage Item of Conservation Area

No

N/A

46

Vicinity of Heritage Item

No

N/A

 

8.1         Policy Controls

a.         Development Control Plan – Dwelling Houses and Attached Dual Occupancies

b.         Development Control Plan - Parking

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(How applicant has

Achieved performance requirements of

performance solutions).

SOLAR ACCESS

P1  New dwellings must achieve (Nathers) rating of 3.5 stars.

 

·      Design minimise  energy  for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

·      Hot water tanks and heaters close to rooms where hot water used.

·      Cooking tops located away from windows, fridges and freezers.

·      Task lights.

·      Maximised natural lighting.

·      Ceiling and wall insulation to AS2627.1-1993.

 

P2  Orientation and design maximises solar access to living areas and open space.

S1  New dwellings provide certificate complying with a minimum (Nathers) rating of 3.5 stars or equivalent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S2.8  North-facing windows to living areas received at least 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June.

 

N/A existing dwelling.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shadow diagrams not submitted. Insufficient information provided to assess solar access.

 

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

(Cont.)

 

 

 

P3  Design minimises use of mechanical appliances.

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise  energy requirements.

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

P8  Windows sized to reduce summer heat and permit winter sun.

 

P9  Design and siting of buildings, alterations minimises loss of solar access to neighbours.

 

 

P9  Neighbour’s north-facing living area windows receive at least 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June. If less is already available the amount is not reduced.

 

P9  Neighbour’s principal outdoor area receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If less is already available the amount is not reduced. 

 

P10  Construction materials are energy efficient and recyclable.

S2  Private open space

receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S9  Solar access to solar collectors on adjacent buildings maintained between 9.00am and 3.00pm each day.

 

S9  North-facing windows to living areas of neighbours receive 3 hours of sunlight over part of their surface between 9.00am and 3.00pm on 21 June. If less available the amount is not reduced.

 

 

 

S9  Neighbour’s principal outdoor receives 3 hours of sunlight over part of its area between 9.00am and 3.00pm on 21 June. If less available the amount is not reduced.

 

 

Insufficient information provided to assess solar access.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

Insufficient information provided to assess solar access.

 

 

 

 

 

 

 

Insufficient information provided to assess solar access.

 

 

 

 

 

 

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

 

S1  Stormwater is graded and drained via a gravity system to Council’s street gutter; or to a suitable absorption system.

 

S1  Rainwater tanks or other storage systems collect roof run-off.

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

S3  Landscaped area: contain low water demand plant species and design.

 

 

Appropriate conditions to be imposed should approval be granted.

 

 

 

 

 

 

 

 

 

 

 

 

Appropriate conditions to be imposed should approval be granted.

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

P3  Local indigenous plant species used.

 

P4  Existing trees and shrubs retained.

 

P5  Planting will not obscure or obstruct dwelling entities or personal safety.

 

P6  Unpaved or unsealed landscaped areas are maximised.

 

S1  40% of the total site area is landscaped.

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

 

45%, Complies

 

 

 

26%, Complies

 

 

6.8m x 6.975m

 

Private open space located in rear yard. Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18%, Does not comply

 

FLOOR AREA

P1  Building bulk must be compatible with surrounding built forms, minimise effects on neighbours and streets.

FSR

0.5:1 for buildings other than for the purpose of dwelling houses

0.68:1, Does not comply

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

P3  Design relates to the topography with minimal cut and fill.

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

P5  Second storey of a semi-detached dwelling integrates with streetscape and adjoining dwelling.

 

 

 

P6  Design allows view sharing.

S1  Maximum 7m external wall height for house or attached dual occupancy.

 

S1  Maximum 3.5m external wall height of buildings or additions to the rear.

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

S4  Length of second storey portion is not greater than 12m at less than 1.5m from a southern boundary.

 

S5  Second storey potion of a semi is confined within an existing roof space or setback from the front elevation and respects the symmetry of the adjoining semi.

 

External wall height 8.8m/9.1m to top of balustrade of external play area. Does not comply

 

 

 

 

 

 

N/A

 

 

N/A

 

 

N/A

 

 

N/A Second storey at northern boundary.

 

 

 

Does not comply, first floor addition extends from front of building

 

 

 

 

 

 

 

 

BUILDING SETBACKS

Front Setback

 

P1  Generally conforms with adjoining development or dominant setback along street.

 

Rear Setback

 

P2  Allow neighbours adequate access to natural light, view sharing and retains trees and vegetation.

 

Side Setback

 

P3  Allow occupants and neighbours adequate access to natural light, daylight and fresh air.

 

Side setbacks on corner allotments must integrate with established setbacks of both streets and maintain the streetscape.

Front Setback

 

S1  The average of adjoining dwelling or 6m setback where no adjoining dwelling.

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

S3  900mm for any part over 1m above ground level up to one level in height.

 

 

 

 

1.5m for any part of a building, two levels at that point.

 

3.0m for any part of a building more than two levels at that point.

 

 

 

No proposed changes to front setback of building.

 

 

 

 

Complies setback >14.6m from rear boundary.

 

 

 

 

 

Does not comply, 200mm setback from store room to northern boundary

 

 

Does not comply  1.4m

 

 

N/A

 

 

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

P1  Overlooking neighbouring internal living areas and private open spaces is minimised.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

P3  Dwellings close to noise sources such as busy roads or industry designed to provide comfortable living and sleeping environment.

 P1  Buildings provide comfortable living and sleeping environment.

 

 

 

 

P2  Entries are readily identifiable.

 

P3  Front fences, landscape areas and driveways promote safety and security.

S1  Habitable room windows with direct outlook to others windows within 9m are offset by more than 45 degrees or have fixed obscure glazing or sill height to 1.5m.

 

S1  Direct view into the private open space of adjoining dwelling is obscured or screened within 9m.

 

S1  Windows have sill heights of 1.5m or more above floor level or fixed obscure glazing to any part of the window less than 1.5m above floor level.

 

 

 

 

 

S3  Buildings comply with

•AS-2107: Acoustics – recommended design sound levels and reverberation times for building interiors.

 

S1,2,3  Front doors visible from street.

 

S1,.3  At least one habitable room window overlooks the street.

 

S2  Street number displayed.

 

 

S3  Fences comply with fencing requirements.

 

N/A windows do not directly overlook windows on adjoining properties

 

 

Does not comply, overlooking from stairs/path at northern side of property.

 

N/A

 

 

 

 

 

 

 

 

 

Does not comply, no sound insulation provided

 

 

Does not comply, entrance at side of property

 

 

Complies

 

 

 

Complies

 

 

Does not comply, not integrated with local fence form.

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

·      enable the efficient use of car spaces.

·      safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

P3  Do not detract from the streetscape and are compatible with the dwelling.

 

P4  Car parking areas and accessways facilitate stormwater infiltration on site.

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

 

 

 

 

S1  Car parking spaces have minimum dimensions of 5.5 metres x 2.5 metres.

·      Driveways have a minimum width of three metres and are set back at least one metre from the side boundary (max width 3m at boundary).

·      Driveway gradients have a maximum of 1 in 6. The gradient for the first 5m from street not more than 1 in 8.

·      Garages and carport to a rear lane are 1m setbacks.

 

S2  Carports and garages located behind the building where rear access available, or behind building line where front access available.

 

S3  Driveways, car parking facilities <35% of frontage.

 

 

 

 

 

 

 

 

 

 

 

 

Does not comply, parking spaces have length (depth) of 5.4m

 

 

Does not comply, on Council’s land therefore no side boundary.

 

 

 

N/A

 

 

 

 

 

 

N/A Garage existing

 

 

 

 

Does not comply, parking proposed on Council’s nature strip.

 

 

 

 

Does not comply, proposed parking occupies entire front including the frontage of the adjoining property

 

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

Solid front fences in front of the building line no higher than 1.2m.

Fences in front of the building line no higher than 1.8m with upper two thirds at least 50% open. (Not applicable in Heritage Conservation Areas).

N/A

 

 

 

 

Does not comply, 1.5m high solid front fence with 600mm balustrade to front play area.

 

1.2m high, 600mm solid base with glazed metal balustrade in front of footpath.

 

 

9.         ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

9.1       Floor space ratio and landscaped area

 

9.1.1    FSR

 

The proposal exceeds the FSR limit (Clause 32(1) of Randwick LEP 1998) applying to development (other than for the purpose of a dwelling house) on the site.

 

The proposed FSR is calculated in the statement of environmental effects at being 0.53:1, Council officers have calculated the FSR at being 0.55:1, however the external play space at ground level is enclosed along 3 sides and is roofed. This is not considered ‘external’ as it forms part of the primary bulk and form of the building and as such must be included in the floor area calculations. The FSR for the site consequently corresponds to 0.68:1.

 

The proposal exceeds the FSR requirements under Clause 32(1) of Randwick LEP 1998 and no SEPP 1 objection has been lodged with the application. In these circumstances, Council cannot approve the application.

 

9.1.2    Landscaping

 

Clause 31(1) requires a minimum 40% of the total site area to be provided as landscaped area. The proposed development satisfies the landscaped area requirement, however fails to satisfy the minimum permeable area preferred solution of the DCP, which requires a minimum 20% of the total site area to have a soft landscaping treatment.

 

9.2       Car parking and traffic

 

Under Randwick DCP – Parking, the proposal generates a demand for 2 on-site parking spaces (2 staff parking spaces) and requires adequate space for drop off/ pick up of children attending the centre.

 

While the 2 staff spaces are adequately supplied in the rear garage, the applicant proposes to use the nature strip out the front of the property and the adjoining property No 17 Willis Street for a drop off/pick up area. The proposed parking layout, however, is unsatisfactory. Council approval has not been obtained for the proposed parking arrangement or use of public land for a private commercial purpose. A merit assessment was carried out however, the proposed parking layout has been refused by Council’s Assets and Infrastructure Services Department.

 

Approval of a child care centre cannot be granted without a suitable pick up/drop off area for children.

 

In addition to the parking layout and land use issues above, the subject site and surrounding area has a high traffic demand with the University of NSW across the road, and student parking in the vicinity. time restricted parking at the front of the property for pick up and drop off would create traffic congestion, parked cars in front of the property and possible double parking at drop-off /pick up peak times. It is generally considered that the applicant needs to liase closely with Council regarding drop off/parking arrangements prior to lodging any development application to use 15 Willis Street for a commercial purpose.

 

9.3       Amenity Impacts

 

9.3.1    Noise Impacts

 

The child care centre is proposed to operate from an existing semi-detached dwelling. The property shares a common wall with the adjoining semi. No measures have been proposed to mitigate likely noise impacts on the adjoining property. The proposal also involves elevated outdoor play areas at first floor level, which provide opportunities for noise to travel unchecked to surrounding residences. Five (5) properties adjoin the subject property along the northern boundary and no measures have been implemented to mitigate noise impacts to these properties.

 

9.3.2    Visual Impacts

 

The applicant has maintained that given the relative heights of children at child care age, a 1.8m high boundary fence is suffice to provide protection from overlooking. There may however, be an overlooking impact from the main entry to the centre along the northern boundary with stairs leading up towards the rear of the property. Overlooking may transpire at pick up and drop off with parents/carers walking along the northern side of the site to the main entry. No measures have been proposed to mitigate likely overlooking on adjoining rear yards of properties facing Norton Street.

 

9.3.3    Overshadowing

 

Overshadowing arising from the proposal will affect No 17 Willis Street to the south, however no shadow diagrams have been submitted with the application. The applicant was advised upon lodgement of the application to provide shadow diagrams, to date no shadow plans have been submitted. There is insufficient information submitted with the application to carry out a proper assessment of the likely impacts of solar access to the adjoining properties.

 

9.4       Streetscape Impact

 

The proposed first floor addition fails to meet Council’s siting and design requirements for first floor additions to semis. Although it is acknowledged that the front façade of the  semis has been significantly altered, it is considered that the first floor addition will unreasonably further compromise the integrity of the pair of semis primarily because of the forward alignment of the proposed first floor. The DCP preferred solution is to setback first floor additions to semis. The corresponding performance requirements require that first floor additions to semis integrate with the existing building and the surrounding streetscape. It is considered that the proposed first floor addition to the semi does not respect the symmetry of the existing building, is out of character with the building and will detract from the streetscape.

 

Although the plans indicate the main outdoor recreation area is oriented at the rear of the property, the plans (which are somewhat misleading) indicate in the elevations that the front yard is additional external play area. A new fence is proposed at the front of the property. The fence will have a height of 2.3m from footpath level and 1.6m from ground level with a 500mm high glass balustrade. The proposal also includes a fence in front of the footpath. This is considered to be unacceptable as the proposed fence will alienate public land without gaining first Council’s consent.

 

It is considered that the proposed solid fencing together with the unsympathetic addition fail to meet the objectives for development in the Residential 2A zone as identified under Clause 10(1) of the LEP. The proposal does not maintain the character of the established residential area as the proposed additions detracts from the appearance of the existing building and the streetscape. In addition, the proposed facility will obstruct the current use and enjoyment of the residents in the surrounding properties.

 

9.5       Social Impacts

 

The applicant advises there is a demand for child care in the area and the majority of places will cater for University staff and students.

 

Child care centres are permissible within the residential 2A zone and Council generally supports in principle the provision of additional child care facilities to meet the demand. However, all developments are required to satisfy the relevant standards and requirements, immaterial of their social or community value. In this instance, it is also considered that the multiple stair access to the centre would result in a development that has appreciable negative social impacts as the stairs impair access for prams/small children and discriminate against any potential user who is mobility impaired. The Disability Discrimination Act (1992) provides that providors of services make whatever adjustments are necessary and reasonable to allow people with a disability to access and use services in the same way as those persons who do not have a disability. It is considered that the proposed child care centre has not taken disabled or mobility impaired access issues into consideration in the design process.

 

9.6       Residents Submissions

 

The majority of the issues raised in local resident submissions have been previously addressed. The outstanding concerns requiring further comment are identifies below:

 

-       Current lifestyle will be severely impacted

 

Comment:

The proposal does not require change to the lifestyle of surrounding properties. Child care centres, which are permissible within a residential zone will operate on Mondays to Fridays from 7.00am to 7.00pm.

 

-       No 17 Willis Street has no intention of selling property to developers, claims statement on Page 9 Paragraph 9 of Statement of Environmental Effects is incorrect.

 

Comments:

Although Council has been advised by the applicant of the intension to acquire the adjoining property, development cannot be granted on the basis of a potential sale of an adjoining property. Owner’s consent is required for all properties prior to lodging of a Development application.

 

-     Sewerage system is old and commercial development will put a strain on the existing system.

 

Comments:

This is a matter to be addressed by Sydney Water.

 

-       Personal lives may need to be readjusted so as to not impact on children on the subject property, intrusion on personal lives.

 

Comments:

As mentioned above, the proposal does not require change to the lifestyle of surrounding properties although noise impacts could impair quiet enjoyment of properties. Child care centres, which are permissible within a residential zone will operate on Mondays to Fridays from 7.00am to 7.00pm.

 

-     Site is incapable of meeting parking requirements.

 

Comment:

Given the proposed number of children, the car parking requirements and the constraints of the site to provide parking it can be considered that the subject property is not appropriate for the proposed use.

 

-     Proposal will set an undesirable precedent

 

Comment:

Should it be approved, the proposal could set a benchmark for varying development standards below an acceptable level. This is not in the public interest.

 

10.       CONCLUSION

 

The proposal is unsatisfactory in relation to the provision of car parking drop off/pick up area, streetscape and amenity impacts, FSR, height and landscaping.

 

The application is recommended for refusal.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 1037/2001 for Alterations and additions including first floor additions to the existing dwelling house for the use as a child care centre at 15 Willis Street, Kingsford for the following reasons:-

 

1.         The proposal does not comply with the 0.5:1 floor space ratio limitation applying under Clause 32(1) of Randwick Local Environmental Plan 1998.

 

2.         The proposal does not comply with the 7m external wall height limitation applying under Clause 33(3) of Randwick Local Environmental Plan 1998.

 

3.         An objection pursuant to State Environmental Planning Policy No. 1 was not lodged with the application in respect to the departures identified in 1 and 2 above.

 

4.         The proposal makes inadequate provisions for on-site car parking drop off/pick up and does not comply with the provisions of Randwick Development Control Plan – Parking.

 

5.         The proposal will adversely affect the amenity of the neighbouring residential properties by way of noise impacts.

 

6.         The proposal will adversely affect the appearance and residential character of the streetscape due to the proposed siting and design of the first floor addition at the front of the existing building.

 

7.         The proposal fails to satisfy the relevant preferred solution to setback first floor additions to semis and the corresponding performance requirements to integrate additions with the existing building and the surrounding streetscape as required by the Development Control plan – Dwelling Houses and Attached Dual Occupancies.

 

8.         The proposal will create an undesirable precedent and is not in the public interest.

 

9.         The proposal is inconsistent with the aims of Randwick Local Environmental Plan 1998 as identified under Clause 2 of the LEP, and the objectives for development in the Residential 2A zone as identified under Clause 10(1) of the LEP.

 

ATTACHMENT/S:

 

A4 Plan Configuration

 

 

 

 

 

 

………………………………

………………………………

 

NADIA ELBOTATY

DIRECTOR OF PLANNING & ENVIRONMENT

DEVELOPMENT ASSESSMENT PLANNER

 

 

 

 

 



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

17 January, 2002

FILE NO:

D/0425/2001

 

PROPOSAL:

 Section 96 application to amend condition 2 and delete condition 3 to allow for the addition of lofts within the roof space to units 9, 10, 11 & 12 of the approved multi-unit housing development.

PROPERTY:

 6-8 Addison St, Kensington

WARD:

 North Ward

APPLICANT:

 Gelder Architect Group

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.         EXECUTIVE SUMMARY

 

This application is brought before the Committee at the request of Mayor Sullivan and Councillors Matthews and Andrews.

 

It is a section 96 application relating to a development consent issued under delegated authority on 25 October 2001 for demolition of two existing dwelling houses and erection of a multi-unit housing development comprising 12 dwelling units, plus basement parking. The approved building comprised 3 storeys of units above a single storey of basement parking.

 

The s.96 application seeks to modify the conditions of the development consent to allow for the addition of a loft level within the roof space of the units on the upper storey.  The proposed lofts raise issues related to floor space limits, density, parking and amenity for future residents of the units.  The s.96 application is recommended for refusal.

 

2.         THE PROPOSAL

 

The consent approval issued on 25 October 2001 included the following conditions:-

 

 

2.        The maximum height of the external walls of the unit levels of the building shall not exceed 10 metres above natural ground level and the maximum height of outer support walls of the roof structure (the height to the underside of the eaves to the east and west sides of the roof) shall not exceed 11metres above natural ground level (or RL36.05) as measured vertically at any point of the building. Details of compliance with the maximum building height are to be provided in the construction certificate plans. Compliance with this condition will be achieved by lowering the roof structure by approximately 0.5m. The curved shape of the roof structure should be generally in accordance with that shown on the referenced plans.

 

3.     The building is not to include an attic level or any additional habitable floor space over the three levels proposed.

 

The proposal is to amend condition 2 and delete condition 3 to allow for the addition of lofts over the four units on the upper storey of the building. The proposed lofts will form a fourth storey to the building. The lofts are to be accessed by internal stairs from the units below and will have skylights through the roof above.  No windows are proposed in the walls to the lofts. 

 

The revisions to the building design to accommodate the proposed loft level include reducing the floor to floor heights of the ground and first floor levels from 2.8m to 2.6m.  This reduction, allowing for a slab of 150mm, provides a floor to ceiling height of 2.45m for the ground and first floor levels.  These reductions provide for a corresponding increase in the height of the roof structure above the upper level of the building in order to accommodate the loft rooms, whilst still complying with the maximum heights referred to in condition 2. The overall height of the proposed roof structure is RL36.38m which is approximately 0.5m less than the previous proposal submitted to Council and is in accordance with condition 2 which required the height of the roof structure to be lowered by approximately 0.5m.

 

The floorspace of the approved building was 661.2 m2 (0.95 floor space ratio).    The additional floor space associated with the lofts is 96 m2, which brings the total floor space of the building to 757.2 m2 (1.09 floor space ratio).

 

Although not explicit in the application material, the lofts will have the potential to be used as bedrooms.  This assessment takes into account the potential for bedroom and other uses

 

3.         COMMUNITY CONSULTATION:

 

The section 96 application has been notified and advertised in accordance with the Randwick Local Environmental Plan 1998. 

 

3.1       Objections

 

Six objections were received from local residents as follows:

 

1.  R. Mackenzie          1 / 7 Addison St, Kensington

                                        (opposite side of Addison St from site)

2.  J. O’Leary               6 / 7 Addison St, Kensington

3.  C. Handoyo            4 / 7 Addison St, Kensington

4.  T. Fammit                2 / 7 Addison St, Kensington

5.  J. Ironside               7 Villiers St, Kensington

6.  Petition                    – 8 signatures

 

The main concerns raised in the submissions are that:

 

·          the proposal seeks to re-instate the excessive height and bulk proposed in the original application and would add 96m2 of floorspace to a building which already exceeds the applicable floor space ratio for the site (0.65:1);

·          the attic level was specifically opposed in the planning report on the previous application;

·          the proposal will result in over-development of a narrow site;

·          it will result in poor solar access both for the occupants of the proposed building and those of adjoining properties;

·          reduced floor to ceiling heights will result in poor amenity for future occupants;

·          the proposed 150mm slabs are sub-standard construction; and

·          the proposed building has potential to impact on underground water (would the Council consider imposing a standard condition for the applicant to hold public liability insurance?).

 

The issues raised in the submissions are discussed in section 6.0 below.

 

4.         TECHNICAL OFFICERS COMMENTS

 

It was not necessary to refer the application to any technical officers within Council.

 

5.         MASTER PLANNING REQUIREMENTS

 

A Master Plan is not required as the site is less than 4,000m2.

 

6.         ENVIRONMENTAL ASSESSMENT

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the development as modified is substantially the same development as originally approved, if the proposed modification is of minimal environmental impact, and if the modification has been notified in accordance with the regulations and any submissions received have been considered.

 

Whilst the proposed modifications do not result in any increase to the bulk and scale of the building as previously approved, it is arguable whether adding another habitable storey to a building can be considered to be substantially the same development.  In addition, there are a number of adverse impacts associated with the modifications, which must be taken into account.  Notwithstanding the above, however, the application has been assessed as a modification to the current approval according to the requirements of applicable statute and policies.

 

6.1       Floor Space Ratio

 

The approved multi-unit building exceeds the maximum floor space ratio applicable to the site under the Council’s planning controls.

 

Council’s determination of the development consent involved agreement to a SEPP1 objection in relation to non-compliance with the standard maximum floor space ratio (FSR) allowed on the site under the Local Environmental Plan (LEP).  As the site is less than 700m2, the standard maximum FSR is 0.65:1.  (If the site were 700m2 or more, the standard maximum FSR would be 0.9:1). The approved building has an FSR of 0.95:1 (38.4m2 over the maximum allowed for a site over 700m2 and 211.4m2 over the maximum allowed for a site less than 700m2).

 

The requirements of Condition 2 of the development consent in relation to maximum heights and lowering of the roof structure were intended to preclude the incorporation of any additional floor space in an attic level (i.e. lofts).  This was because the approved building was already in excess of the floor space ratio standard for the site and any additional floor space could result in additional impacts and an over-development of the site.

 

The potential impacts of the additional floor space proposed relate principally to the increase in the apparent density of development on the site, in changing the building from 3 to 4 storeys, and the increase in the resident population.  The increase to a four storey building is contrary to reasonable expectations having regard to the site’s zoning and the applicable building height limits (i.e. the 10m external wall height limit of the zone typically provides for a three storey building).  The fourth storey would be apparent owing to the height of the roof structure and the incorporation of skylights in the sloping face of the roof. As the proposed lofts could very likely be used as bedrooms, the potential residential population could correspondingly increase.   It is noted that as the proposed loft spaces are accessed by full size fixed stairs, the intention is to use the spaces as habitable room.

 

The impacts arising from the increase in development density and likely increase in site population, although difficult to quantify, would detract from the amenity of adjoining properties in terms of perceptions of excessive numbers of people living within a relatively small site.  The generation of additional noise and disturbance as residents go to and from the site and carry out normal residential activities within the building and the open space areas around it exacerbate detrimental amenity impacts.

 

There are other potential impacts in relation to provision of on-site car parking and the amenity of the proposed residential units. These are discussed in sections 4.2 and 4.3 below.

 

The LEP floor space limits are intended to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.   The development consent issued for the site provides for a reasonable level of development, which can be assumed to be viable as the applicant was prepared to submit plans for a three storey building without the lofts previously.  It is not appropriate to allow any further increase in floor space over and above the standard applicable to the site while the potential exists for increased impacts on adjoining properties and a reduction in the amenity of the proposed units.

 

The applicant has referred to the SEPP1 objection submitted for the previous application to justify the additional floor space sought in this modification.  That objection does not address the building design put forward in the current application (i.e. including the reduced floor to ceiling heights) and therefore fails to demonstrate that the floor space ratio development standard is unreasonable or unnecessary in this particular case.

 

6.2       Parking

 

The proposed lofts effectively increase the size of the four upper level units (units 9, 10, 11 & 12) from single bedroom units to potentially 2 bedroom units, as there is no security that the loft spaces won’t be used as additional bedrooms.  This generates an additional parking requirement under the Council’s DCP of 0.8 spaces (equivalent to 1 car space).  No additional on-site parking is proposed to meet the DCP requirement.  As there is limited spare capacity in the parking available in Addison Street it is not desirable to approve a development which does not provide adequate on-site parking in accordance with the DCP.

 

6.3       Amenity for Occupants

 

The proposed reduction in the floor to ceiling heights of the ground and first floor level will detract from the amenity of the proposed units for occupants.  Floor to ceiling heights have a direct effect on the internal amenity or ‘liveability’ of dwellings, particularly in respect of their spaciousness, ambience, natural light and ventilation, and outlook to the sky.  The lower the heights the less amenity they offer.

 

The State Government’s Urban Design Advisory Service recommends minimum floor to ceiling heights of 2.7m for residential units.  Whilst the Council’s Multi-unit Housing DCP does not specify minimum floor to ceiling heights, it is a relevant matter for consideration in determining a development application.  Council’s recent planning initiatives for the Maroubra and Kensington town centres foresee the introduction of minimum 2.7m floor to ceiling heights as standard development requirements.

 

The proposed floor to ceiling heights of 2.45m at ground and first floor level are well below the desirable minimum of 2.7m, especially for living areas.  The new lofts will have heights of only 1.9-2.2m with no windows and only skylights for natural light and ventilation.  This is well below the minimum usual height even for passive spaces such as bedrooms or studies where 2.4m is considered the minimum

 

The floor to ceiling heights of the proposed building as approved are already below the desirable minimum. The approved building is limited in the level of amenity it offers for occupants mainly as a result of the relatively close proximity to adjoining multi-unit buildings and the need to limit windows in side walls and provide screening to sides of balconies to reduce privacy impacts. 

 

To reduce the floor to ceiling heights further to allow for the addition of lofts will result in more cramped internal spaces with less outlook to the sky and natural light and ventilation.  Given these potential adverse impacts on the amenity of the units, it is not acceptable to allow the addition of another storey and floor space in excess of the standard for the site.

 

6.4       Notification and Consideration of Submissions:

 

The concerns raised in the submissions confirm that the proposal is contrary to the expectations of the local community in respect of the appropriate density of development on the site and the level of amenity for residents.

 

In respect of the proposed 150mm slabs, Council’s building surveyor has confirmed that such construction should be adequate for the scale and dimensions of the building proposed.

 

In respect of the impact on underground water, this issue was addressed in the assessment of the previous application and does not require further consideration.

 

7.         CONCLUSION

 

The proposed modification to the original consent would result development that allows an increase in development density and site population beyond the reasonable expectation for the site and its zone.  It would also result in a development that represents significant departures from applicable development standards.  The departures are detrimental and the development would result in adverse impacts on adjoining properties and a lowering of the level of amenity for occupants of the new units.  Consequently, refusal is warranted.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to vary condition 2 and delete condition 3 to allow for the addition of lofts within the roof space to units 9, 10, 11 & 12 of the multi-unit housing development approved pursuant to Development Consent No. 425 of 2001 on the following grounds:-

 

1.         The proposal exceeds the floor space ratio development standard applicable to the site under the Randwick Local Environmental Plan, and the applicant has not demonstrated that the development standard is unreasonable or unnecessary in this particular case.

 

2.         The proposal is likely to result in a development density and site population that is contrary to reasonable expectations having regard to the planning controls and will result in increased impacts on the amenity of adjoining properties.

 

3.         The proposal fails to provide adequate on-site parking having regard to the requirements of the Development Control Plan for Parking.

 

4.         The proposal would lower the level of amenity for future occupants of the units due to the reduction in floor to ceiling heights.

 

B.        THAT the applicant be advised for the purpose of clarification that the development approval pursuant to the Notice of Determination issued on 25 October 2001 is for erection of a three storey multi-unit building, containing 12 units, plus basement parking (as per the approved plans) and does not include strata subdivision. 

 

            Note: This advice clarifies aspects of p.1 of the Notice of Determination, which may be ambiguous.

 

ATTACHMENT/S:

 

A4 plans

 

………………………………

………………………………

 

PAULA MORETTI

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR PLANNER - DEVELOPMENT ASSESSMENT

 




 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

22 January, 2002

FILE NO:

D/1028/2001

 

PROPOSAL:

 Demolition of the existing rear garage and to carry out alterations, ground and first floor additions to the existing dwelling house including new double garage and a rear garden shed

PROPERTY:

 7 Leonard Avenue

WARD:

 West Ward

APPLICANT:

 Mr M Milic

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Anthony Andrews, Chris Bastic and John Procopiadis .

 

The main concerns raised in the one submission received from the owner of the southern property at No.9 Leonard Avenue relate to overshadowing of window openings in the southern wall of the dwelling.

 

The main issues regarding the proposal are overshadowing/loss of light to the adjoining southern property at No.9 Leonard Avenue, and the proximity of the proposed double garage structure to the northern boundary with No.5 Leonard Avenue.

 

The recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

            It is proposed to demolish the existing rear garage and to carry out alterations, ground and first floor additions to the existing single storey dwelling house to provide lounge, dining and kitchen/meals rooms, a study, laundry and bathroom, and an attached double garage at the ground floor level; and 4 bedrooms (Bedroom 1 with ensuite bathroom and walk-in robe) and a separate bathroom at a proposed first floor level. 

 

            It is also proposed to erect a new garden shed building in the north-eastern corner of the rear yard.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Leonard Avenue between its intersections with Edward Avenue and Borrodale Road. It has a frontage to Leonard Avenue of 12.19m, a depth of 36.575m and a site area of 445.8sq.m. The site contains a freestanding, single storey, Federation- style dwelling house with a rear, fibro, single-car garage. The site has a slight fall from the street frontage to the rear boundary.

 

Adjoining to the north at No.5 Leonard Avenue is a freestanding part one/part two storey dwelling house and to the south at No.9Leonard Avenue is a freestanding, single storey dwelling house.

 

Residential development along Leonard Avenue comprises predominantly single storey dwelling houses with some two-storey dwelling houses interspersed.

 

Adjoining the rear of the site and neighbouring properties is a tennis court complex having frontage to Court Avenue.

 

4.         SITE HISTORY

 

DA 820/2000 to carry out alterations, ground and first floor additions to the existing single storey dwelling house was refused under delegated authority for the following reasons:

           

1......... The proposal is inconsistent and contrary to objective No 1(c) of the Residential 2A Zone under the Randwick Local Environmental Plan 1998.

 

2......... The proposal does not comply with the objectives and Performance Requirements     contained in the Development Control Plan – Dwelling Houses and Attached Dual Occupancies in relation to building height, setback and solar access.

 

3.         The proposal has not provided adequate details to allow a proper assessment of the proposal's compliance with relevant controls and the extent to which it will overshadow adjoining properties.

 

4......... The proposal has not provided adequate details relating to proposed material, texture colour and type of finish to be used in the exterior of the proposed building in relation to the existing building and streetscape.

 

5......... The proposed development is likely to have an adverse impact on the amenity of the adjoining southern property through loss of sunlight.

 

6......... The design and siting of the proposal is inappropriate in relation to the adjoining southern property.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

5.1       Objections

 

            K Willcox

            9 Leonard Avenue

 

            Concerns:

-     Overshadowing of the family and dining room windows

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1       Landscape Issues

 

1.         There is one street tree specimen of Lophostemon confertus (Brushbox) which appears to be in good condition, is covered by the Tree Preservation Order, and should thus be retained. The plans seem to indicate that a clearance of less than 1 metre will be provided from the outside edge of the tree trunk to the edge of the concrete driveway. For a tree of this size, this is considered insufficient to avoid significant damage to the existing root system and which would in all probability lead to the death of the tree.

 

In order to ensure the retention of this tree in good health a condition should be included on the consent requiring a minimum clearance of 2.2 metres from the outside edge of the tree trunk to the nearest edge of the driveway.

 

2.         There is one specimen of Liquidambar styraciflua (Liquidambar) located within the front yard of the adjoining property to the north that will require minor pruning to accommodate the proposed works. Permission for such pruning should be granted as part of this development consent.

 

7.         MASTER PLANNING REQUIREMENTS

 

A master plan is not required as the site is less than 4000m2 in area.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

(a)        Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Clause No.

Requirement

Provided

Compliance

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

No

N/A

43

Heritage Item of Conservation Area

No

N/A

46

Vicinity of Heritage Item

No

N/A

 

8.1       Policy Controls

a.         Development Control Plan –Dwelling Houses and Attached Dual Occupancies

 

9.         ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

9.1       Development Control Plan –Dwelling Houses and Attached Dual Occupancies

 

9.1.1    Landscaping

 

The objectives and performance requirements of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced, dwellings are provided with usable outdoor recreation area, storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

Preferred solutions include that a minimum of 25m² of useable private open space be provided, a minimum of 40% of the total site area is provided as landscape area, half of which should be soft permeable landscaping, and each dwellings private open space shall be capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

 

If the private open space is proposed towards the front of the dwelling it should be located behind the required building line.

 

Approximately 47.6% of the site is provided as landscaped areas. Approximately 45.6% of the site area will be provided as soft landscaped area.

 

            The preferred solutions in relation to landscaping will be met.    

 

9.1.2    Floor Area

 

The objective and performance requirements of the DCP are that developments are not excessive in bulk or scale, compatible with the existing character of the locality and also minimise adverse effects of bulk on neighbours and the street.

 

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.60:1 applies. The proposed FSR is 0.577:1 including the rear garden shed building. The proposal meets the preferred solution in this regard. 

 

The proposal is compatible in bulk and scale with existing two storey buildings in the streetscape.

 

9.1.3    Height, Form & Materials

 

The objectives of the DCP are that developments should not be excessive in height and scale and are compatible with the existing character of the locality, and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

 

The relevant performance requirements are that the height of buildings should relate to those in the existing streetscape and buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets.

 

Preferred solutions include that the external wall height of the building not exceed 7m and that the length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

 

          The proposed building is to be rendered and painted. Terra cotta roof tiling and aluminum framed windows with Federation-style glazing bars are proposed. The proposed materials and finishes are compatible with existing development in the streetscape. 

           

          The proposed design incorporates hipped and gable roof forms which are compatible with existing adjoining and nearby buildings in the streetscape. The proposed column supports to the front of the garage and to the portico entry also provide a streetscape design link to the column supports of the front verandahs of the existing and neighbouring buildings.

 

          The bulk, height and form of the proposed additions are compatible with existing two storey dwelling forms in the streetscape. 

 

The maximum proposed wall height is 6.0m, which meets the preferred wall height solution.

 

The length of the second storey is 12.18m set back 900mm (in line with the existing ground floor level) from the northern side boundary, which does not meet the preferred solution. Subject to a satisfactory privacy and overshadowing assessment, the performance requirements and objectives of the DCP in this regard would be met.

 

9.1.4    Building Setbacks

 

The objectives and performance requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours, and with respect to front boundary setbacks that the proposal generally conform with the adjoining or dominant streetscape.

 

Preferred solutions include that side setbacks be 900mm for any part of the building at ground level and 1.5m at first floor level, and that no part of the building is closer than 4.5m from the rear boundary.

 

          The ground floor level is generally set back 1300mm from the northern side boundary. The proposed double garage however adopts a 200mm set back from this boundary. The proposed garage does not cause any shadowing to the adjoining northern property and there are no immediately adjacent window openings that would be adversely affected by the garage. There is however a window opening sited immediately to the east of the side pedestrian entry to the garage. In order to minimise any adverse impact on this window opening it is recommended that the eastern return wall of the garage maintain a minimum 500mm clearance from the window opening.

The proposed rear ground floor addition is setback 900mm from the southern side boundary in line with the 900mm setback of the existing dwelling.

 

The proposed first floor addition is setback 1300mm from the northern side boundary and 900mm from the southern side boundary of the property. Both proposed setbacks do not meet the preferred side setback solution.

 

The proposed northern side setback of the first floor addition does not result in any adverse impact on the adjoining property in terms of overshadowing/loss of natural light or loss of privacy. The performance requirements and objectives in this regard will be met.

 

            The existing 900mm set back combined with the 2.4m wide driveway on the adjoining southern property at No.9 Leonard Avenue ensures that adequate natural light and ventilation is maintained to the existing windows opening in the northern side wall of the dwelling at No.9. The performance requirements and objectives in this regard will be met.

 

9.1.5    Visual & Acoustic Privacy

 

The objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

 

The performance requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies and where necessary, separation, screening devices and landscaping.

 

No significant adverse overlooking of adjoining properties will be occasioned by the proposal. Most of the window openings of the first floor addition are orientated to the front and rear elevations with only a stairwell and two bathroom window openings being proposed to the side elevations and the proposed southern bathroom window being obscurely glazed.

 

9.1.6    Solar Access and Energy Efficiency

 

The overall objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction, the use of appropriate resources, encourage the use of passive solar design, and protect solar access enjoyed by the adjoining premises.

 

As a general guide new dwelling houses and attached dual occupancies must demonstrate that they have been designed to achieve an energy efficiency, Nat HERS, rating of 3.5 stars and buildings are orientated and internally configured to take advantage of and maximise solar access.

 

The preferred solutions of the DCP include that private open spaces, outdoor recreation areas and north facing windows to the subject and adjoining premises receive at least 3 hours of sunlight over at least part of their surface between 9.00am and 3.00pm during the winter equinox. If less than the preferred solution is currently available access to sunlight should not be reduced.  

 

The shadow diagrams submitted with the application demonstrate that the solar access standards of the DCP in relation to solar access to adjoining properties will generally be met. It should be noted that the north point indicated in the shadow diagrams is approximately 10 degrees left of true north and therefore appropriate adjustments have been made in the assessment below.

 

At 9.00am on June 21, the two western-most window openings and the lower portion of the eastern-most, window opening in the southern side wall of No.9 Leonard Avenue are currently in shadow. The proposal would result in minimal if any increase in shadowing to the eastern most window opening.

 

Currently at 12.00pm on June 21, all of the south facing window openings of No.9 Leonard Avenue would receive sunlight and the proposed first floor addition would overshadow these window openings. However, due to the east-west orientation of the site and adjoining properties, any substantial two-storey addition to the building will overshadow these window openings.

 

At 3.00pm on June 21, no additional overshadowing of the window openings in the side wall of No.9 Leonard Avenue will be occasioned by the proposal as the existing dwelling already overshadows those windows affected. 

 

Although the proposed first floor addition is setback only 900mm from the southern boundary with No.9 Leonard Avenue, its maximum proposed wall height is only 6.0m and the proposed low hipped roof form minimises the potential for overshadowing of that property. Furthermore, the first floor addition is contained behind the rear alignments of the adjoining dwellings on either side. The shadow impact on No.9, however, could be further minimised by reducing the proposed floor to ceiling heights of 2.7m to achieve a minimum 200mm reduction in the overall height of the building. This shall be required by condition of consent.

 

The 3.3m separation between the proposed dwelling and the adjoining dwelling at No.9 Leonard Avenue also reduces the potential overshadowing impact of a first floor addition to the dwelling.    

 

It should be noted that any first floor addition to the building which proposed a wall height of 7.0m and setback 1500mm from the southern boundary in accordance with the preferred solutions of the DCP would have a greater overshadowing impact on No.9 Leonard Avenue than the proposal.

 

The principal outdoor recreation space (being the rear yard area) of the adjoining dwelling at No.9 Leonard Avenue will receive more than the 3 hours of sunlight required under the DCP, and the proposal is satisfactory in this regard. The proposal has far less shadow impact on the rear yard of No.9 Leonard Avenue than the previous proposal refused under DA820/2000 which involved a two storey addition at the rear of the existing dwelling. 

 

On balance and having regard to the proposal’s compliance with the preferred 0.6:1 FSR solution of the DCP and equity issues, it is considered that the objectives of the DCP in relation to solar access to neighbouring properties will be satisfactorily and reasonably met.

 

9.1.7    Garages & Driveways

 

The objectives and performance requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the street scape, and structures are compatible in scale, form, materials and finishes with the associated dwelling.

 

Preferred solutions include that car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have minimum width of 3m and are set back at least 1m from the side boundary, parking is located behind the building line and driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment. Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 there after.

 

The proposed double garage will occupy approximately 48.8% of the site width. However, the garage is integrated into the design of the dwelling and is set back in line with the front verandahs of the adjoining dwellings on either side.

 

The proposed driveway will be required to be redesigned to ensure a minimum 2.2m clearance from the existing street tree located immediately to the south of the driveway entry. This may be required by condition of development consent.

 

The preferred solutions in this regard will be satisfactorily met.

 

9.2       Resident Submissions

 

            K Willcox

            9 Leonard Avenue

 

            Concern:

-     Overshadowing of the family and dining room windows

 

            Comment:             This issue has been addressed under Section 9.1.6 of the report.

 

10.       CONCLUSION

 

The proposal satisfactorily addresses the reasons for refusal of the previous application DA820 2000 for this property.

 

The proposal satisfactorily addresses the relevant assessment criteria and is recommended for approval.

           

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 1028/2001 for Demolition of the existing rear garage and to carry out alterations, ground and first floor additions to the existing dwelling house including new double garage and a rear garden shed at 7 Leonard Avenue subject to the following conditions:-

           

1.         The development must be implemented substantially in accordance with the plans with Drawing Nos.1-7 dated June 2001 and received by Council on 1 November 2001, the application form and on any supporting information received with the application, except as may be amended by the following conditions:

 

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 wall and ridge heights of the proposed building are to be reduced by a minimum 200mm and details of compliance are to be provided in the construction certificate plans.

 

3.         The eastern wall of the pedestrian entry at the north-eastern corner of the garage is to maintain a minimum clearance of 500mm from the western edge of the adjacent window opening in the side wall of the adjoining dwelling at No.5 Leonard Avenue. 

 

Details demonstrating compliance are to be provided in the construction certificate plans.

 

4.         The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the street scape.

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning & Environment, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to commencement of any building works.

 

5.         The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.  Details of compliance are to be provided in the construction certificate plans or specifications.

 

6.         All plumbing and drainage pipes, other than rain water heads, gutters and downpipes, must be concealed within the building.

 

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

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

8.         Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit and details are to be included in the construction certificate details for the development.

 

Absorption pits or soaker wells must be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council’s Director of Planning and Environment prior to commencement of works.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

9.         All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

10.       In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the requirements of the Home Building Act 1989.

 

Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

 

·          has been informed in writing of the licensee’s name and contractor number; and

·          is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

Where the work to be done by any other person (i.e. an owner builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

·          has been informed of the person’s name and owner-builder permit number, or

·          has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $3,000.

 

Details of the builder and compliance with the provisions of the Home Building Act 1989 are to be submitted to Council prior to the commencement of works, on the notice of appointment of the PCA / Intention to commence building work.

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

11.       A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey.

 

The following conditions are applied to ensure that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

12.       All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July, 1993.

 

13.       Prior to the commencement of any building 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.

 

14.       Prior to the commencement of any building work, a principal certifying authority must be appointed and Council is to be notified accordingly and, at least 2 days notice of the intention to commence building work must be given to Council, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

15.       A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be available to the Council officers upon request.

 

16.       The building works are to be inspected by the principal certifying authority (or other suitably qualified person on behalf of the applicant) to monitor compliance with Council’s approval and the relevant standards of construction.

 

Documentary evidence of compliance with Council’s approval and relevant building inspections, is to be maintained by the principal certifying authority.

 

17.       Building and demolition works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and public holidays, except with the specific written authorisation of Council’s Manager of Environmental Health and Building Services.

 

18.       A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that ‘unauthorised entry to the site is prohibited’ and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours.

 

In the case of residential building work, the sign is also required to detail the licence number of the building contractor or the permit number of the owner-builder, in accordance with the Home Building Act 1989 and Regulations

 

19.       Noise emissions during the construction of the building and associated site works must comply with the relevant provisions of the Protection of the Environment Operations Act 1997 & the Noise Control Manual published by the Environment Protection Authority, except as may be amended by the conditions of this approval.

 

20.       Building 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 at all times.

 

21.       Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written consent of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Council’s Local Approvals Policy.

 

22.       A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

a.         Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being constructed at the approved levels.

 

b.         On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

23.       Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

24.       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

 

Details of the proposed sediment control measures must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and a copy of the approved details must be made available to Council officers upon request.

 

Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment.

 

25.       Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

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.

 

Hoarding or fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

The following conditions are applied to ensure that reasonable levels of fire safety are provided in the building:

                                     

26.       Smoke alarms are required to be installed in each Class 1 building or dwelling in accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.

 

The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the remainder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority.

 

Smoke alarms are not to be located in ‘dead-air-spaces’, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex of raked ceilings, as detailed in Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Details of compliance with the provisions of the Building Code of Australia must be included in the plans / specification for the construction certificate.

 

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

 

27.       The applicant must meet the full cost for Council or a Council approved contractor to remove the existing vehicular crossing and to construct a new concrete vehicular crossing and layback opposite the vehicular entrance to the site.

 

Note: The vehicular crossing is to be constructed a minimum distance of 2.20m from the outside edge of the trunk of the existing street tree.

 

28.       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 building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

29.       The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

30.       The following vehicular crossing deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for Council or a Council approved subcontractor to construct the vehicular crossing.

 

a)         $700.00           -           Vehicular crossing deposit

 

            The vehicular crossing deposit may be provided by way of cash or cheque with the Council and is refundable upon the completion of the Council vehicular crossing by Council or a Council approved subcontractor.

 

The following conditions are applied to provide adequate provisions for future civil works in the road reserve:

 

31.       The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

32.       The design alignment levels issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

33.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $66.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

34.       The applicant must meet the full cost for Telstra, Energy Australia, Sydney Water or Natural Gas Company to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

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

 

35.       That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be re-turfed with Kikuyu turf. Such works shall be completed at the applicants expense prior to the issue of the Occupation Certificate.

 

36.       The naturestrip upon Council's footway shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds

 

37.       Permission is granted for the selective pruning of overhanging branches from the specimen of Liquidambar styraciflua (Liquidambar) tree located within the front yard of the adjoining property to the north. This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary. However, where such measures are desirable in the best interests of correct pruning procedures, it shall be necessary for the applicant to negotiate with the tree owner. All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 ‘Pruning of Amenity Trees’.

 

38.       The external vehicular crossing and the internal vehicular driveway shall be constructed at a minimum distance of 2.2 metres from the outside edge of the street tree specimen of Lophostemon confertus (Brushbox).

 

39.       In order to ensure the retention of the street tree specimen of Lophostemon confertus (Brushbox) located on the naturestrip in good health, the following measures are to be undertaken:

 

a.         All detailed architectural, building, demolition, and engineering (structural, stormwater & drainage, services), documentation submitted for the construction certificate application shall show the retention of the existing tree specimen with the position of the tree trunk and full diameter of the tree canopy clearly shown on all drawings.

 

b.         All detailed architectural, building, demolition, and engineering (structural, stormwater & drainage, services), documentation submitted for the construction certificate application shall show a minimum distance of 2.2 metres from the outside edge of the tree trunk to the nearest edge of the vehicular crossing and internal driveway.

 

c.         All detailed architectural, building, demolition, and engineering (structural, stormwater & drainage, services) documentation submitted for the construction certificate application shall show the erection of 1.8 metre high steel mesh/chainwire fencing around the tree. This fencing shall be located to a minimum radius of 2.2 metres from the outside edge of the tree trunk exclusive of the roadway and footpath where it shall be located along the kerb line and pedestrian footpath.

 

The fencing shall be installed prior to the commencement of any demolition and/or construction works and shall remain until the completion of all works.

 

d.         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, no alteration in soil levels or excavations undertaken, no location of services or stockpiling of soil or rubble.

 

e.         Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point g.

 

f.          The erection of signage on the fence with the following words clearly displayed: "TREE PROTECTION ZONE", "DO NOT ENTER".

 

g.         A refundable deposit in the form of cash or cheque of $1150.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

The refundable deposit is placed to ensure that the tree protection measures as described in this condition are undertaken throughout the demolition and construction period. The refundable deposit will be released at the time of issue of a final occupation certificate by the certifying authority providing the tree protection measures (including amendments to the plans) have been undertaken throughout the demolition and construction period.

 

Any contravention of Council's conditions relating to the tree at any time during the demolition and construction period or prior to the issue of a final occupation certificate will result in the Council claiming all of the lodged security.

 

ADVISORY MATTERS:

 

A1.      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 building/demolition works.

 

ATTACHMENT/S:

A4 CONFIGURATIONS

 

………………………………

………………………………

 

STEVEN HUGHES

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER
















 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

24 January, 2002

FILE NO:

D/0936/2001

 

PROPOSAL:

 Section 96 Modification - To increase the height of the fence between 22 and 24 Lawson Street to 1.8m above the pool decking.

PROPERTY:

 24 Lawson Street, Matraville.

WARD:

 North Ward

APPLICANT:

 A and S Sidhu

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Michael Daley, Paul Tracey and Alan White.

 

Development consent D/936/2001 approved fences and gates to front, rear and side of an existing dwelling, however condition 2 deleted the portions of the development application relating to reducing the side fence on top of the pool decking from a proposed 2.1 metres to 1.6 metres.

 

This Section 96 Modification proposes to modify Condition 2 of the consent and change the condition from a fence 1.6 metres in height above the pool decking, to a fence 1.8 metres in height above the pool decking.  The assessment of the Section 96 Application indicates that the proposed modification of the fence height will result in a structure excessive and inappropriate in height and will cause unnecessary additional overshadowing to the rear yard of number 22 Lawson Street 

 

The recommendation is for refusal.

 

2.         THE PROPOSAL

 

It is proposed to modify Condition 2 of consent to increase the height of the fence above the pool decking from 1.6m to 1.8m

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Lawson Street on the intersection of Lawson Street and Hillary Parade.  A north south facing block, which slopes from the eastern boundary to the western boundary, the site contains a large two-storey dwelling with garage underneath, swimming pool and large brick outbuilding at the rear. The locality contains a mixture of one and two storey dwelling houses.

 

4.         SITE HISTORY

 

a.   APPLICATION HISTORY

 

On the 8 October 2001, the applicant sought consent to construct new fences and gates to the front, side and rear of a dwelling house.  Development consent was granted on the 14 November 2001 to construct subject to construct new fences and gates to the front, side and rear of the dwelling subject to Condition No. 2 which states:

 

‘2.    The proposed side fence between numbers 22 and 24 Lawson Street along the pool area shall be no higher than 1.6m above the pool decking and must be the same colour as that already existing along the boundary. Details of compliance are to be provided in the construction certificate plans.’

Prior to this development application several Building Applications have been lodged for the site:

 

95/00138/BZ - New two storey dwelling - Rejected 17/03/95

 

95/00519/BZ - New two storey dwelling - Approved 30/05/95

 

95/00519/BZ  - ‘A’ New tow storey dwelling -  Approved 29/08/95 

 

95/00519/BZ  - ‘B’ Proposed Swimming Pool - Approved 04/03/97 

 

95/00519/BZ - ‘C’ Alterations to the layout and windows plus changes to the     internal and external stairs - Rejected 10/06/98 

 

95/00519/BZ - ‘D’ Alterations to the layout and windows plus changes to the  internal and external stairs - Approved 13/07/98

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998 on the 13 December 2001. The following submissions were received:

 

5.1       Objections

 

Bryan E Finnnimore, 22 Lawson Street Matraville.

 

The objector has mentioned that they are unhappy with the outcome of the development proposal.  With relation to this specific Section 96 Modification the objector is Objecting to any increase in the height of the fence on the grounds that:

 

‘i)         The screening effect on the garden and cloths drying space that would be in the shadow of the fence- keeping in mind that the fence will be the same length as our back yard.

 

ii)         The maintenance of the fence, including painting and alignment will, our side of the property be non existent or fall to our responsibility and expense, as witnessed by the condition of the existing fence.’ 

 

            Comment:

 

            It is agreed that raising the height of the fence will cause additional overshadowing to the rear yard of the objectors property.  The approved fence has to be built on the applicant’s property and in doing so it is the sole responsibility for the applicant to maintain the fence. 

 

6.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

(a)      Randwick Local Environmental Plan 1998

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

7.         SECTION 96 AMENDMENT

 

7.1       Substantially the same

The proposed amendment is consistent with the original approval and the development is considered substantially the same.

 

7.2       Consideration of submissions

 

The proposal was notified to the adjoining owners and one submission was received.  See section 5.1 of this report. 

 

8.         ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

8.1       Impact on adjoining development

 

The original side fence proposed between number 22 and 24 Lawson Street was to be 2.1 metres high.  This included a 1.8 metre high colour bond fence with 300mm of lattice on top, this coupled with the height of the existing pool decking will result in a new fence approximately 3.1 metres high above the ground level of 22 Lawson Street. 

 

Given that the pool decking runs the full length of the rear yard of number 22 Lawson Street, a 3.1 metre high fence was considered too high and the fence was restricted to 1.6 metres above the pool decking to provide some level of privacy to the residents at number 22 Lawson Street whilst reducing the bulk of the structure and potential overshadowing to the rear yard.

 

Increasing the fence height from 1.6 metres above the pool decking to 1.8 metres will create additional overshadowing to the rear yard of number 22 Lawson Street and will be overbearing to the residents of number 22 Lawson Street.

 

Having regard to the above, it is considered that the proposed increase to the height of the side fence is not appropriate and it is therefore recommended that the proposal is not supported.

 

8.2       Additional Information provided by the applicant.

 

The applicant has provided the following arguments in support of increasing the height of the side fence:

 

‘As the rest of the fence is 1.8 m and by bringing the 22-24 fence down to 1.6m is going to look out of place.  It is better for the neighbour to have 1.8m and not 1.6m as he will have more privacy on the lower side.’

 

Comment:

 

Increasing the height of the fence above the pool decking will mean that the fence will be the same height as the approved rear fence and may provide more privacy however, the impacts that the increased height of the fence will cause on the rear yard of number 22 Lawson Street with regard to the bulk of the structure, its overbearing nature and potential increase to overshadowing outweigh the benefits outlined by the applicant. 

 

9.         CONCLUSION

 

The applicant is seeking to modify Condition no.2 of Development Consent No. D/936/2001, which relates to modified the portions of the development application relating to reducing the side fence on top of the pool decking from a proposed 2.1 metres to 1.6 metres.  As discussed previously in this report, the proposal to increase the hight of the side fence from 1.6 metres above the pool decking to 1.8 metres will be overbearing and will create additional overshadowing to the rear yard of number 22 Lawson Street and will set an undesirable precedent for future similar development.  It is therefore recommended that the application be refused.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. D/936/2001 on property No. 24 Lawson Street Matraville for the following reasons:

 

1.         The proposed increase in the height of the fence will result in a structure excessive and inappropriate in height and will result in increased overshadowing to the rear yard of number 22 Lawson Street.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

 

SHAUN HEHIR

DIRECTOR OF PLANNING & ENVIRONMENT

STUDENT PLANNER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

17 January, 2002

FILE NO:

D/0933/2001

 

PROPOSAL:

 Demolition of the two existing dwelling houses and the construction of a three storey (4 level) multi unit housing development comprising 14 x one bedroom dwellings with associated basement car parking

PROPERTY:

 8-10 Grosvenor Street, Kensington

WARD:

 Central Ward

APPLICANT:

 Eastern Projects Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors John Procopiadis, Peter Schick and Dominic Sullivan .

 

The application was notified/advertised to adjoining and nearby property owners and a number of submissions by way of objection to the proposal were received. The main concerns/issues raised in submissions relate to proposed non-compliances with site area/ FSR, side and rear boundary setback, and parking standards, privacy and overlooking, overshadowing/loss of light, visual bulk and scale, and design compatibility with existing development in the streetscape.

 

Amended plans and supporting additional documentation were submitted to Council on 11 January. The amended plans are the subject of this report.

 

The main issues regarding the proposed development relate to floor space ratio, on-site car parking provision, streetscape design and compatibility, visual bulk and scale as viewed from neighbouring residential properties, the proposed removal of an existing significant tree within the rear of the site which is covered by Council’s Tree Preservation Order, and provision for soft landscaping. 

 

Approval of the application requires Council’s support of objections under State Environmental Planning Policy No.1 in relation to the proposal’s departure from the FSR, landscape area and wall height standards of Randwick LEP1998.

 

The recommendation is for refusal.

 

2.         THE PROPOSAL

 

The application seeks approval to demolish the 2 existing single storey, Federation-style dwelling houses on the site and to erect a three storey (4 level) multi unit housing development comprising 14 x one bedroom dwellings over three levels, with associated basement car parking for 14 vehicles, associated fencing and landscaping works.

 

Each proposed dwelling would contain open-plan living, dining and kitchen areas, a bathroom, laundry and separate bedroom. A balcony or courtyard terrace area and one car parking space are to be provided for each dwelling.

 

A centrally positioned driveway will provide access to the basement car park of the development from Grosvenor Street. A pedestrian entry and access way is proposed along the western side boundary of the site.

 

As it is proposed that the basement car park extend the width of the site, the majority of the soft landscaping for the site along its side boundaries is proposed in the form of 1.0 m deep planter boxes. More significant in-ground planting is proposed to the front and rear of the proposed building.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the northern side of Grosvenor Street, Kensington. The site comprises two regular shaped allotments, Nos.8 and 10 Grosvenor Street, each occupied by a single storey Federation-style dwelling house and with a combined frontage to Grosvenor Street of 15.24m, a depth of 45.265m and site area 689.8m2 The site has a fall from front to rear of about 900mm.

 

Adjoining to the east is a two- storey brick residential flat building with undercroft car parking at No.12 Grosvenor Street, and to the west a pair of single storey, Federation-style dwellings at Nos.4 and 6 Grosvenor Street. Adjoining to the north (i.e. rear) are three storey brick residential flat buildings fronting Addison Street.

 

Development in Grosvenor Street comprises predominantly single storey, Federation style dwellings, both free-standing and semi-detached, with some two and three storey residential flat buildings interspersed along the northern side of the street.

 

To the west, on Kensington Road are the Lady of the Rosary Church and School buildings.

 

4.         SITE HISTORY

 

a.     APPLICATION HISTORY

 

8 Grosvenor Street:

66/00015/BZ      Addition. Approved 1966.    

 

10 Grosvenor Street:

01/00285/GA       Demolition of rear timber frame addition and construct new family room addition and deck. Approved 27/04/01. 

 

01/00331/TA       Application to remove existing tree in rear yard. Refused 09/05/01    

 

01/00383/JA        Rear family room addition & deck.   Approved 31/05/01. 

 

Following a preliminary assessment of the application, the applicant was advised by letter dated 6 December 2001 of a number of issues/concerns identified with the proposal, relating to FSR, building bulk, wall height, landscaping provision, building setbacks, car parking, the removal of a significant tree covered by Council’s Tree Preservation Order, and urban design. On 13 December 2001, a meeting was held between Council officers and the applicant to discuss the issues/concerns raised.

 

On 11 January 2002 the applicant submitted amended plans incorporating amendments to the size and treatments of the proposed balcony areas at the front and rear of the building resulting in increased setbacks from the western side and rear boundaries.  The amended plans also included extensions to the floor plan footprints of Units 7 and 8 on the first floor level, together with supporting documentation seeking to address issues raised at the meeting. The amended plans are the subject of this report.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised and referred to Precinct Committee in accordance with the Local Environmental Plan 1998. The amended plans were not notified as they represented only minor variations to the original application. The following submissions were received:

 

5.1       Objections

 

5.1.1    Individual Submissions

 

E Hanley

13 Grosvenor Street

KENSINGTON 2033

 

Concerns:

-       provision for on-site car parking.

 

Mrs M Ackerman

7/12 Grosvenor Street

 

Concerns:

-       loss of light/sunlight

-       design and appearance

-       building height

-       size of driveway opening

-       on-street parking impact

 

Mrs B Hodge

16 Grosvenor Street

 

Concerns:

-     on-street parking impact

 

R Greenwell

7 Grosvenor Street

 

Concerns:

-     on-street parking impact

 

Mr M and Mrs M Mifsud

C/- Craig Sewell Estate Agents

75 Belmore Road

RANDWICK 2031

(owners 1/12 Grosvenor Street)

 

Concerns:

-       density/number of units

-     on-street parking impact

-     potential damage to building, noise, dust and general inconvenience during construction

-     non-compliances with minimum site area, floor space ratio and car parking standards

 

B and G Compton

14 Grosvenor Street

 

Concerns:

-           design and appearance

-           density

-           floor space ratio

-           on-street parking impact

-           potential for increased dumping of rubbish in street

-           overdevelopment of the street

 

            J Murphy

            6/12 Grosvenor Street

 

            Concerns:

-     inadequate provision for on site car parking/impact on on-street parking

-     loss of afternoon sunlight

-     loss of privacy from proposed balconies

-     increased noise

 

S Gillen

6 Grosvenor Street

 

Concerns:

-     non- compliances with site area, FSR, setback and car parking standards

-     amenity impacts including visual bulk and scale, overlooking/loss of privacy, and overshadowing.

-     overdevelopment of the site

-     effect of proposed excavation for basement car park on the structural integrity of the dwelling/dilapidation report requested

-     provision for deep planting and landscaping, including common open space

-     solar access to the six units facing Grosvenor Street

-     building design and streetscape appearance

-     additional bulk resulting from masonry panel surrounds to the proposed balconies, and the massing and proportioning of the proposed building

-     building design articulation/does not meet design standards of DCP-Multi Unit Housing eg. pitched gable roof forms addressing the street

-     lack of dwelling mix 

-     impact on living areas due to noise from future occupants using pedestrian access way along common boundary and lighting to the access way at night

-     proposed 1.8m high solid masonry, front fencing does not meet preferred solution of the DCP

-     loss of outlook from east facing, living area windows

-     impact of smoke from No.6’s chimney on nearby units of the proposed building

-     increased traffic and on-street parking congestion

 

D Malanos

4 Grosvenor Street

 

Concerns:

-     non-compliances with FSR and setback requirements

-     building bulk

-     impacts on adjoining properties Nos.4 and 6 Grosvenor Street in terms of overlooking/loss of privacy, increased noise, traffic and overshadowing

-     height and design of proposed front fencing not compatible with existing front fencing.

-     impact of smoke from No.4 and 6’s chimney on nearby units of the proposed building

 

S C Clark

5 Grosvenor Street

 

            Concerns:

-     non-compliances with site area/ FSR, side and rear boundary setback, and parking standards

-     on-site parking provision/non-compliance with Parking DCP

-     no provision for bicycle parking indicated in the plans

-     height and design of proposed front fencing not compatible with existing front fencing.

-     density

-     impact on-street car parking

-     building design and appearance/ out of character with the locality and inconsistent with DCP for multi-unit housing.

-     removal of existing tree

     

5.1.2    Petition

 

One petition containing 57 signatures, mainly from residents of Grosvenor Street has been received objecting to the proposal on the following grounds:

 

-     impact of proposal on the residential character, heritage value and ambience of Grosvenor Street due to the proposed density of development

-     impact on on-street parking space

-     non-compliances with FSR/site area, side and rear boundary setback, and on-site car parking standards.

 

6.         TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1       Landscape Issues

 

There are a number of trees, covered by Council’s Tree Preservation Order, that may be affected by the proposed works, including:

 

a)         One Eucalyptus species (Gum Tree) located within the rear yard of No.10 Grosvenor Street. This tree is a significant species, approximately 15 metres tall and in good health. The tree provides valuable screening to the surrounding properties. As such this tree should be retained and protected as part of this application. A valuation of the tree has been undertaken finding the tree to have an amenity value of $30,000.00. Should the removal of this tree be approved by Council or Court Order then a minimum number of six (6) 200 litre replacement trees are required.

 

b)         One Jacaranda mimosifolia (Jacaranda) located within the front yard of No.10 Grosvenor Street. This tree is approximately 10 metres tall with a broad canopy and in good health. As such this tree should be retained and protected as part of this application.

 

c)   One Lagerstroemia indica (Crepe Myrtle) located within the rear yard of No.10 Grosvenor Street. This tree is approximately 6 metres tall and in good health, however it is not a significant species within the Randwick area and as such permission should be granted for the removal of this tree.

 

d)         Two Lophostemon confertus (Brush Box) located within Council’s nature strip. Both of these trees are approximately 8 metres tall, with broad canopies and in good health. As such they should be retained and protected as part of this application.

 

e)         One Hibiscus tiliaceus (Norfolk Island Hibiscus) located within the rear yard of No.8 Grosvenor Street. This tree is an immature specimen, approximately 6 metres tall and leaning over the existing shed. Permission should be granted for the removal of this tree.

 

f)                    One Eucalyptus species (Gum Tree) located within the rear yard of No.8 Grosvenor Street, close to the rear boundary. This tree is approximately 7 metres tall and in good health. As such this tree should be retained and protected as part of this application.

 

 

       Attached is a report prepared by Council’s Tree Preservation and Maintenance Co-ordinators, which provides an assessment of the existing significant Gum Tree located in the rear yard of the property No.10 Grosvenor Street. The proposed development would require the removal of this tree. The report makes reference to an arborist’s report prepared by Andrew Burnett of Burnett Trees for the applicant and submitted in support of the application on 11 January 2002.

 

In the report submitted by the applicant’s arborist, the species of the tree has been identified as Eucalyptus nicholii (Narrow-leaf Peppermint Gum).

 

Council’s Tree Preservation and Maintenance Co-ordinators do not concur with the findings, conclusions and recommendations contained in the applicant’s arborist report and recommend that the tree should be retained.

 

In order for this tree to be retained in good health, the design of the proposed development will need to be amended to show a minimum clearance of six (6) metres from the trunk of the tree to any construction, including basement car park. Any re-design would be required to be supported by an arborist's report.

 

6.2       Drainage Issues

 

            Onsite detention of stormwater is required for this application.

 

6.3       Traffic/Parking Issues

 

Under Council’s DCP-Parking, 18 car parking spaces comprising 14 residential and 4 visitor spaces are required for the proposed development. 14 spaces are proposed, comprising 13 residential and 1 visitor car space within a basement level car park. A Traffic and Parking Report prepared by Traffix –Traffic and Transport Planners has been submitted in support of the application.

 

As the number of car parking spaces provided in the development does not comply with the requirements of DCP-Parking, a copy of the application and accompanying traffic/parking report and a subsequent supplementary traffic/parking report lodged on 11 January 2001 was referred to Council’s Traffic Engineer for assessment and comments. The Traffic Engineer’s advice is provided below:

 

I refer to your Department’s request of 15 January 2002 for parking comments on the Traffic Impact Assessment report prepared by Traffix dated September 2001 and Supplementary Report by Traffix dated December 2001 for the above development.

 

I understand that the applicant is seeking a relaxation of Council’s requirement for parking as specified in Council’s current DCP-Parking.

 

An analysis and review of the parking generation of the proposed development was calculated and is shown below:

 

Council’s DCP

1 space per 1 bedroom dwelling or bed sitter unit over 40m2 = 14 units x 1            = 14 cars paces

Visitor parking:  1 space per 4 dwellings or part thereof = 0.25 x 14 = 3.5          =  

                                                                                                                4 car spaces

TOTAL                                                                                             =18 carspaces

 

RTA – Sect 5.4.2

 

The RTA’s recommended minimum number of off-street resident parking spaces for medium density residential flat buildings is 1 space for each unit and an additional one space per each five units for visitor parking or part thereof.

 

14 units x 1 = 14 car spaces + 1 space per each 5 units (visitor) = 3      = 17 car spaces.

Comment:

 

It is noted that Traffix has also compared the parking rate for studio dwellings in Council’s DCP and using this lower parking ratio of 1 space per two studio dwellings, only 11 car spaces (7 resident car spaces + 4 visitor car spaces) are required.

 

The proposed 14 car spaces equates to a ratio of approximately 0.7 car spaces per unit which is somewhere between Council’s requirements for each type of one bedroom unit.

 

The attached supplementary report is noted that included the results of parking surveys conducted on Saturday 15th, Sunday 16th and Monday 17th December 2001 between 10.00am and 8.00pm.

 

The survey results did not indicate the breakdown of vacant parking for each of the streets and indicated that on a weekend there is significantly less on-street parking available on the Saturday and Sunday evenings and Sunday morning during Church services.

 

The site was inspected at 7.00pm on Thursday, 17 January 2002 and it was noted that Masses are also held on Wednesday evenings at 7pm (not shown in Traffix report).  There were only 3 vacant car spaces in Grosvenor Street near the subject site and Kensington Road was generally vacant.

 

Also, kerbside parking in the vicinity of the development is subject to parking restrictions for the primary school that abuts both sides of Grosvenor Street and Kensington Road.  

 

Properties in Grosvenor Street are a mix of medium density residential flat buildings and residential dwellings with some semidetached dwellings.  A number of semidetached dwellings have no off-street parking i.e. Nos 6, 16 and 18.

 

The eastern end of Grosvenor Street intersects with Lorne Avenue with similar properties and a motel on the corner of Anzac Parade is the subject of redevelopment.  Some properties in Lorne Avenue including an old apartment block do not contain off-street parking.  This street is also subject to some commuter parking.

 

Conclusion:

 

Comments are made to those conclusions supplied by Traffix as shown below:

 

Ø  A threshold has been set in the DCP and although the proposed unit area is only marginally above this, the 1 space per unit ratio should be adopted for this area and is similar to the RTA recommended figure.

 

Ø  Whilst, it is recognised that there are excellent public bus services in Anzac Parade and Todman Avenue which could be used Monday – Friday, there would still be a need for adequate parking on weekends and for visitor parking.

 

Ø  Any new development should improve parking conditions in the residential street. When the older dwellings were built there was not the same demand for parking.

 

Ø  The reported 40 parking spaces within 50m of the site is excessive and more likely to be 10 – 16 spaces depending on driveways etc.  The visitor parking from the development should not be transferred onto the local residential streets as there is already demand generated for on-street parking in the affected streets by the existing land uses.

 

Ø  The on-street parking generated by evening Masses on weekends and midweek will have an effect on visitor parking demands.  This weekend demand was shown in the Traffix report.

 

Ø  There is no substantial on-street parking vacancies in Grosvenor Street and vacant on-street parking in Kensington Road is reduced on weekends as mentioned above.

 

Ø  On-street parking in Kensington Road would not be considered to be attractive to visitors as it is in a generally isolated location with probable security concerns and is subject to parking by parishioners and parents of school children.

 

Ø  The Church and associated uses have occupied the site for a long time and were not subject to the same traffic generation that occurs at present.

 

It should also be noted from Council’s Planning Scheme maps that Grosvenor Street (northern side) and Lorne Avenue are zoned Residential C and are subject to future medium density developments.  Parking and traffic generation should be carefully considered in these areas.

 

On the basis of the above comments, the proposed development is not supported as the on-site parking is deficient by 4 car spaces and the visitor parking from the development should not be transferred onto the local residential streets as there is already demand generated for on-street parking in the affected streets by the existing land uses.

 

6.5       Urban Form and Desired Future Character

 

The proposed development is located in the ‘Grosvenor Street Area’ which is recommended as a Conservation Area in the Randwick Heritage and Visual Character Study by Godden Mackay Logan (G.M.L.), June 2001. Photos of Nos 8 and 10 Grosvenor Street are included as examples in the report which describes the Grosvenor Street Area as ‘…a small street terminating in the garden of the Convent. It contains a group of Federation period houses that have a high degree of physical and stylistic cohesiveness…’ The report goes on to say that the Grosvenor Street Area has the potential to demonstrate the development of Kensington as an early, detached, middle class suburb and that it provides good examples of Federation houses.

 

Section 2.1 of the Randwick Development Control Plan for Multi Unit Housing-Vision for Randwick-Desired Future Character identifies a number of main building types that are characteristic of the residential environments of Randwick. Appropriate design criteria is identified for each building type in relation to massing, and roof, verandah/balcony and window design.

 

As the application was prepared on the basis of a Type 6 Streetscape-1960’s-1980’s Walk Up Flats which differed from the Department’s view that a Type 3 streetscape-Federation or Californian Bungalows should apply, independent advice was sought from City Plan Services-Planning and Building Heritage Consultants to determine which building type profile should be used to assess the proposal. Advice was also sought as to whether the consultants concurred with the recommendations of the Randwick Heritage and Visual Character Study regarding the character and significance of the Grosvenor Street Conservation Area and the need for statutory heritage conservation planning controls.

 

In their advice, City Plan Services concluded that Grosvenor Street is divided between a Type 2 and Type 3 streetscape in accordance with the guidelines of the DCP, and that they concur with the recommendations of the G.M.L Study. Furthermore, the consultants conclude that infill buildings in Grosvenor Street should ideally be single storey detached or semi detached dwellings, and the G.M.L Study’s recommendation that the existing 2C zoning of the north side of Grosvenor Street should be amended due to its inconsistency with a Conservation Area listing is also concurred with. Due to the existing step down in building heights generally, from 3 storeys in Addison Street to single storey on the south side of Grosvenor Street, the advice suggests that there is some limited potential for Type 3-style infill development to a maximum of two storeys on the northern side of Grosvenor Street.

 

A copy of the advice is attached.

 

7.         MASTER PLANNING REQUIREMENTS

 

A master plan is not required as the site is less than 4000sq.m in area.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The Development application has been assessed in accordance with the provision  of the following relevant planning documents:

-     Environmental Planning and Assessment Act 1979 (as amended)

-     State Environmental Planning Policy No.1-Development Standards

-     Randwick Local Environmental Plan 1998

-     Building Code of Australia.

 

(a)        Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2C under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Clause No.

Requirement

Provided

Compliance

30 - Min. Lot Size

No minimum lot size

689.8sq.m.

N/A

31 - Landscape Area

Min. 50% of site area to be provided as landscaped area

 

Not more than 50% of the required landscaped area to be provided over podiums or excavated basement

areas

359.08m2 = 52.05%

 

 

Approximately 62% over excavated basement car park area.

Yes

 

 

No. SEPP 1 objection submitted. Refer to section 9.1.1 of report.

32 – FSR

0.65:1 for sites less than 700sq.m in area 

1.03:1 as calculated (0.95:1 applicant’s figure)

No. SEPP No.1 objection lodged. Refer to section 9.1 of report.

33 - Building Height

Wall height=10.0m

 

 

 

Max.height=12m

 

Max.wall height =10.4m

 

 Max.Height =10.4m

 

No

 

 

Yes

 

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

No

N/A

43

Heritage Item or Conservation Area

No

Refer to Sections 6.5 and 9.4 of report

46

Vicinity of Heritage Item

No (Note: Nearest Heritage Item at No.16 Grosvenor Street)

N/A

 

8.1       Policy Controls

a.         Development Control Plan Multi Unit Housing

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (how applicant has achieved performance requirements of performance solutions)

 

BUILDING SETBACKS

Front  boundary setbacks

P1 The front setback consistent  with streetscape/adjoining dwelling.

 

Side boundary setbacks

P2 Ensure that:

·     solar access is maintained and overshadowing minimised.

·      privacy between neighbouring dwellings and their own spaces provided.

·      Landscaping and private open space provided.

·      Streetscape amenity is maintained.

 

 

 

 

 

 

 

 

S2  Zone 2C

Minimum average setback 5 metres.

 

 

 

 

 

 

 

 

 

No part closer than 3.5 metres. 

 

 

 

 

Maximum length of wall section is 10 metres.

 

Minimum length of any step is 3 metres.

 

 

Proposed front setbacks range from 3.2m up to 6.5m, which are consistent with adjoining and nearby buildings in the streetscape.

 

 

 

Minimum average setbacks:

 

East side boundary = 3.0m overall (3.0m at second floor level) - Does not comply.

.

West side boundary = 3.5m overall (3.9m at second floor level) - Does not comply.

 

 

East side boundary = min. 1.5m - Does not comply.

 

West side boundary = min.1.5m - Does not comply.

 

Complies.

 

 

Does not meet preferred solution but satisfies relevant objectives and performance requirements.

 

Rear Boundary Setback

P3 Ensure that:

·     solar access and overshadowing minimised.

·      Privacy between neighbouring dwellings and their open spaces provided.

·      Landscaping, communal recreation facilities and outdoor clothes drying spaces provided.

·      Building built across site.

S3 Zone 2C

Minimum average setback 8 metres.

 

 

 

No part closer than 6 metres.

 

 

Maximum length any wall section 10 metres. Minimum length of any step is 3 metres.

Average setback = approx.6.4m to rear balcony planter edges. Does not comply.

 

 

 

Complies.

 

 

 

Complies.

 

General

P4 Eaves, window hoods and other sun-shading or weather protection pose no significant adverse impact on adjoining properties.

 

S4  No device may encroach no more than 25% of the Preferred Solution.

 

 

Complies.

 

DENSITY

 

P1 Building bulk compatible with surrounding built forms

 

 

 

Proposed building is three storeys and is generally compatible in height with other three storey residential flat buildings further east on this side of Grosvenor Street and to the rear addressing Addison Street. Proposed building exceeds the height and bulk of the immediately adjoining residential flat building to the east at No.12 Grosvenor Street and the immediately adjoining single storey semi-detached dwellings to the west at Nos 4 and 6 Grosvenor Street. The reduced setbacks of the proposed building from the side boundaries and the proposed balcony and parapet treatments also add to the visual bulk of the building as viewed from the street and neighbouring properties.

 

FENCES

P1

·     Front fences consistent with streetscape.

·     Entrances highlighted.

·      Planting used to soften and provide privacy.

S1   Solid front fences no higher than 1.2 metres. May increase to 1.8 metres when 50 % transparent.

 

1.8m high solid masonry fencing is proposed to the front of the building. The proposed front fencing does not meet the preferred solution, performance requirements or objectives of the DCP. Compliance may be achieved by conditions of consent.

LANDSCAPING AND PRIVATE OPEN SPACE

Landscaped Areas

P1 Sufficient size allow recreational activities and substantial vegetation.

 

S1  Minimum for landscaped area 2 metres.

 

See Section 9.1.1 of report.

 

P2 Landscaped areas around flat buildings be undivided communal open space.

 

Private recreational open space  around building allocated for use by ground floor units only. Does not comply.

 

 

Private Open Space

General

P3   

·      Provides privacy.

·      is accessible from main living areas.

 

P4 In front of the building only where setback and fence design sympathetic.

 

 

 

Proposal complies with preferred solution.

 

 

Private courtyards for Units 1 and 2 proposed to front of building.  Front fence height and design incompatible with the dominant character of the streetscape. Does not comply.

 

Townhouses, row housing, villa housing etc

P5  Dwellings provided with useable private open space at ground or podium level.

 

 

 

S5  Minimum area of 25 m2 of private open space with minimum dimensions of 3m x 4m.

 

 

 

N/A

 

Flats and apartments

 

P6 Dwellings have direct access to courtyard, balcony,  deck or roof garden.

 

 

S6    Minimum area of 8 m2 and a minimum dimen-sion of 2 metres.

 

 

Proposal satisfactorily meets the preferred solution and performance requirement.

 

PRIVACY

Visual Privacy

 

P1 Windows and balconies of main living areas avoid overlooking windows in adjoining dwellings and private open space.

 

 

 

 

 

 

 

 

 

 

P2 Private open space design and location ensure privacy.

 

Acoustic Privacy

 

P3 Building layout and design minimises noise transmission. of noise.

“Quiet areas” separate noise generating activities.

 

P4 Building construction minimises transmission of noise.

 

 

S1 Offset, angle or screen windows with less than 10m separation . Sill level of 1.6 metres above floor level.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S4 Walls and floors insulation and sound consistent with

Building Code of Australia.

 

 

Window opening to main living areas are generally orientated to the front and rear of the building with openings to bedrooms and bathrooms orientated to the side boundaries, the proposed bathroom windows openings having 1.6m sill heights. Planter boxes proposed to the sides of balconies to restrict overlooking of adjoining properties. Preferred solution and performance requirement is satisfactorily met.

 

Proposal satisfactorily meets preferred solution.

 

 

 

 

Proposal complies with performance requirement.

 

 

 

As per BCA requirements.

VIEW SHARING

 

P2 Development minimises effects on views and shows how view loss is minimised.

 

P3 Buildings and dwellings are aligned to maximise view corridors between buildings

 

 

 

 

 

 

 

 

 

No significant views available.

 

SOLAR ACCESS AND ENERGY EFFICIENCY

 

Solar Access to Neighbouring Properties

P1 Design, orientation, siting and landscaping minimises loss of solar access.

P1.1 Solar access to existing solar collectors maintained between 9am and 3pm.

 

P1.2 Living areas of neighbours do not have access to sunlight reduced to less than 3 hours per day.

 

P1.3 At least 50% of the principal landscaped areas of neighbours does not have access to sunlight reduced to less than 3 hours per day.

* If less than this is available the new development is not to reduce this further.

 

 

 

 

 

See Section 9.3.2 of report.

 

 

 

N/A

 

 

 

 

Performance requirement and adjectives will not be satisfactorily met. See Section 9.3.2 of report

 

 

Assessment indicates performance requirement will be satisfactorily met. See Section 9.3.2 of report.

 

 

Building Layout, Design and Construction

 

P4 Protect from prevailing strong winds and adverse weather.

·     Living areas are orientated to         the north.

·     Larger windows are located on the north.

 

 

 

 

 

 

S4 75% of dwellings achieve 3.5 star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars.

The Nat HERS rating for each dwelling (on a typical unit basis) is provided with the application.

 

Note:

Central ducted heating/cooling system requires a  minimum of 4.5 stars Nat HERS rating.

 

 

 

 

 

Nat HERS Certificate provided. Proposal complies with preferred solution.

 

P5   Roof design and orientation suitable for solar collectors.

S5  Solar collector roof area to face 45 degrees east and 45 degrees west of north, and slope between 15 and 55 degrees to the horizontal.

Proposal does not comply with preferred solution as a flat roof behind a roof parapet is proposed.

 

P6 Heat loss is minimised in plumbing and services.

 

Compliance can be achieved by condition of consent.

 

P7 Outdoor space for clothes drying provided. 

 

No fixed external clothes drying facilities are indicated as being proposed, although the courtyard terrace and private open space areas serving the ground floor units and the balcony areas serving each of the first and second floor units could be used for external clothes drying. 

 

P8 No rainforest timbers or old growth forest timbers used. Materials have low environmental impact. 

 

Proposed building to be of concrete and brick construction with aluminium framed windows. Proposal would comply with preferred solution.

SAFETY AND SECURITY

P1 Design allows surveillance. P2 Approaches and entries are visible.

P3 High walls and structures avoided.

 

 

 

 

P4 Resident car parking has security grilles or doors.

 

P5 Visitor parking spaces clearly identifiable.

 

P6 Adequate lighting for personal safety and security provided.

 

P7 External lighting not intrusive.

 

Proposal satisfactorily meets performance requirement.

 

 

Does not comp1y. 1.8m high solid masonry fencing is proposed to the front of the building thereby reducing visibility of ground floor unit window/door openings from the street.

 

Complies. Automatic panel lift security door proposed to basement car park entry.

 

Proposal can be conditioned to comply.

 

No provision for lighting of entry/access ways indicated on the plans.

 

Compliance can be achieved by condition of consent.

 

PARKING

P1 Garages and parking structures do not dominate the street frontage.

 

P2 Parking spaces for people with a disability provided as required (refer to dwelling number requirements in P1 and P2 Barrier Free Access.

 

P3 Secure storage for bicycles is provided.

 

Basement car park entry centrally located at the front of the building. Height of car park opening is approximately 3.3m, which could be reduced by condition of consent.

 

Not required, as development does not contain more than 14 dwellings.

 

Bicycle storeroom provided adjacent to car park entry. Proposal satisfactorily meets performance requirement.

 

Note:  The parking requirements are set in Randwick Parking DCP. The requirements are:

 

studio apartment*

1 space per two studios

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

 

 

 

 

 

 

 

 

 

Proposed : 14spaces comprising 13 private and 1 visitor/wash bay space.

 

Required: 18 spaces comprising 14 private and 4 visitor spaces.

 

Does not comply with requirements of DCP-Parking. Traffic Parking Assessment report submitted with application. See Sections 6.4 and 9.2 of report.

 

 

Visitor parking is 1 space per 4 dwellings.

 

Proposed: 1visitor/wash bay space

Required: 4 visitor spaces. Traffic Parking Assessment report submitted with application. See Section 9.—of report.

DRIVEWAYS AND MANOUVERING AREAS

P1 Driveways and manoeuvring areas minimised.

 

Proposal complies with performance requirement.

 

P2 Vehicles enter/ leave in a forward direction.

S2  Vehicles enter parking spaces with a single turn and leave in no more than 2 turns.

Turning/manoeuvring access from car spaces 1 to 10 in the basement car park complies with preferred solution. 3-point turning movements, however, are required to exit site in a forward direction from the proposed parallel car spaces Nos.11, 12, 13 and the visitor/carwash bay space.  Proposed turning/manoeuvring access to and from site is generally acceptable.

 

P3 Driveways and access roads avoid a ‘gun barrel’ effect.

S3  Long driveways provide passing bays.

Proposal satisfactorily complies.

 

P4 Space between boundaries and driveways, access ways and parking spaces enables landscaping and planting.

S4  Driveways have a minimum width of 3 metres and be at least 1 metre from any side or rear fence.

The width of the proposed driveway accessing the basement car park of the building is 3.3m. Council’s Asset and Infrastructure Services Department has recommended a minimum driveway width of 5.0m be provided within the front setback of the building, which could be required by condition of consent although landscaped are to the front of the building would be reduced.

 

 

P5 Materials and finishes consistent.

S5  Large expanses of uncoloured concrete avoided.

No details of driveway finishes provided. Compliance could be achieved by condition of consent.

 

P6  Driveway gradients safe.

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5  for ramps over 20m (see Parking DCP).

Proposed ramp gradients satisfactory.

STORAGE

P1 Accessible and separate storage for each dwelling.

S1  10m2 of storage space is provided for each dwelling. Minimum clearance height of 2.1 metres.

 

At least 50% of the storage space is within the dwelling and is readily accessible from either the hallway or main living area.

Storage facilities may be in basement or sub floor areas, or attached to garages.

No storage spaces are proposed.  Proposal does not comply with preferred solutions or performance requirement.

BARRIER-FREE ACCESS

P1 Design must provide access for people with special access needs as required (foyer parking open space).

S1 Publicly accessible areas comply with the Building Code of Australia for access and mobility.

Compliance may be achieved by conditions of consent.

 

P2  Dwelling requirements are: 

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 and so on.

The requirements of AS 1428.1 and AS 4299 are to be considered.

 

 

 

Complies. 14 dwellings are proposed therefore no disabled parking space is required.

 

 

 

P3  Dwellings for people with a disability have corresponding parking space.

 

N/A

 

 

P4  Passenger lifts provide access for people with a disability to common and parking areas.

 

 

 

N/A

UTILITIES/

SITE FACILITIES

 

P1 Mail Delivery

in accordance with Australia Post.

 

 

Compliance can be achieved by condition of consent.

 

P2Television/Radio Antennae and Satellite Dishes

Single common television/radio antenna and communication reception.

 

Compliance can be achieved by condition of consent.

 

P3   Electricity

In accordance with the requirements of Energy Australia.

 

Electrical reticulation underground.

 

As per Authority’s requirements. Compliance may be achieved by condition of consent.

 

P4 Gas

Meter for each dwelling and to optimum service points.

 

As per Authority’s requirements. Compliance may be achieved by condition of consent.

 

 

P5 Water Supply 

In accordance with the requirements of Sydney Water.

 

As per Authority’s requirements. Compliance may be achieved by condition of consent.

 

 

P6 Telephone

In accordance with the service provider.

 

As per Authority’s requirements. Compliance may be achieved by condition of consent.

 

P7 Laundry and Drying Facilities

·   An internal laundry is provided in each dwelling.

·    Communal clothes drying accessible and screened from the street and public places.

 

 

 

Proposal complies.

 

 

 

None proposed, however, compliance may be achieved by condition of consent.

WASTE MINIMISATION AND MANAGEMENT

P1 Waste collection and separation facilities are  provided.

S1  Storage cupboard in each kitchen sufficient which enables separation of recyclable material.

Holding at least a single day’s waste.

Landscaped areas provide composting.

Details not provided.

 

P2  Garbage and recycling containers in centralised garbage/ recycling room accessible to garbage compactors where bins can be easily wheeled for collection. Facilities to meet the needs of the dwellings and the garbage /recycling collection service.

 

Proposal complies. Proposed garbage storage are could be increased in size if required.

 

P3  Collection facilities complement design of the development and are not obtrusive.

S3  Waste facilities not to be located between the front alignment of the building and the road.

Proposal complies. Garbage room proposed at basement level adjacent to car park entry

 

9.         ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

9.1       Randwick Local Environmental Plan 1998

 

            The Aims of Randwick LEP 1998, as stated under Clause 2 of the LEP include:

 

(e)        to ensure the conservation of the environmental heritage and aesthetic character of the City, and

 

(g)        to promote, protect and enhance the environmental qualities of the City.

             

The Objectives of the Residential 2C zone, as stated under Part 12(1) of the LEP include:

 

(c)        to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas.

 

The proposed development is considered to be inconsistent with and contrary to the above aims and objectives of the LEP. 

 

The architectural character and design of the proposed development does not respect, enhance and compliment the dominant existing character and the desired future character of development in Grosvenor Street and would have an adverse impact upon local residential amenity in terms of visual bulk and scale, overshadowing, and lack of adequate provision for on-site parking. These issues are discussed in detail below.

 

9.1.1    Landscaped Area-Clause 31

 

Clause 31(2) of the LEP requires a minimum of 50 % of the site area to be provided as landscaped area. The proposal provides a total landscaped area of approximately 309 sq.m. which corresponds to 52% of the site area.

 

Clause 31(3) of the LEP requires that not more than 50% of the required landscaped area be provided over podiums or excavated basement areas. The proposal provides approximately 62% of the required landscaped area over the basement carpark of the development.

 

The applicant has lodged an objection under State Environmental Planning Policy No.1 (SEPP 1)-Development Standards to the proposal’s departure from this standard. In the objection, the applicant submits that compliance with the standard is unnecessary and unreasonable in the circumstances of the case for the following reasons:

 

-           the excess is 12% and is considered to be a minor variation in light of the improved landscape setting displayed on the formal landscape plan that will be maintained on this site

 

-           the excess does not contribute or create a disorderly use of the site

 

-           the proposed landscaping around the site is considerably greater than the           older forms of residential flat buildings along Grosvenor and Addison Streets

 

-           the proposed landscape design will still achieve the benefits of deep soil planting as the planter boxes along the perimeters will have a depth of 1 metre. A similar design has been approved and successfully achieved at Borrodale Road by the same applicant. The landscaping will also be self-irrigating and well maintained. the proposed landscape design is not responsible for any adverse amenity impacts to surrounding neighbours in regard to overshadowing, loss of outlook or view and loss of privacy.

 

-           The proposed landscaping enhances the modern design, which is considered meritorious and will form an improvement to the streetscape along both sides of Grosvenor Street. The proposed landscaping will result in the built form being an attractive addition to the streetscape. The design also promotes utilisation of common and private open space areas and allows for adequate run-off

 

-           The development approval at No.6-8 Addison Street on the same block as the subject site was granted approval having similar characteristics to the proposed departure. 

 

Assessment:

 

The purpose of the development standard as stated in the LEP is to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban run-off and provide adequate areas of open space for recreational purposes.

 

Although the total proposed landscaped area of the development complies, the proposal makes inadequate provision for deep soil planting along the sides of the building to provide visual screening and softening of the development from the neighbouring eastern and western properties. Most of the proposed landscaping along the sides of the building is confined to planter boxes having a proposed 1.0m soil depth and planter widths of only 500mm along the western side and 900mm along the eastern side.

 

The amount of floor space and the number and type of dwellings proposed, has resulted in the footprint of the proposed building extending significantly beyond the rear setbacks of the adjoining buildings. Furthermore, the car parking demand generated by the development necessitates a longer car park footprint on the site thereby reducing opportunities for the provision of deep soil planting beyond the rear setbacks of adjoining buildings.

 

The proposal is not considered to adequately achieve the objective of the standard of softening the visual impact of development.

 

Only approximately 13.6% of the site area will be provided as soft permeable area, which represents only approximately 27 .2% of the required landscaped area for the development.

 

The proposal is not considered to adequately achieve the objective of the standard of reducing urban run-off.

 

The proposed development does not provided common recreational open space at ground level for use by all residential units of the building. The main areas of private outdoor recreational open space on the site are to be allocated to individual units on the ground floor level of the building. 

 

The proposal is not considered to adequately achieve the objective of the standard of providing adequate areas of open space for recreational purposes.

 

The SEPP 1 objection to the standard is not considered to be well founded

 

9.1.2    Floor Space Ratio

 

Clause 32 (1) of the LEP requires a maximum floor space ratio (FSR) of 0.9:1 for buildings (other than a dwelling house) in a Residential 2C zone. Clause 32 (2) of the LEP, however, requires a maximum FSR of 0.65:1 for sites within a Residential 2C zone that are less than 700m2 in area.

 

The site has an area of 689.8sq m and therefore a 0.65:1 FSR applies to the site.

 

The proposed development has a calculated FSR of approximately 1.03:1 (0.95:1-applicant’s figure).

 

The applicant has lodged an objection under State Environmental Planning Policy No.1 (SEPP 1)-Development Standards to the proposal’s departure from this standard. In the objection the applicant submits that compliance with the standard is unnecessary and unreasonable in the circumstances of the case for the following reasons:

 

-           The proposed non-compliance with the minimum site area and floor space excess are considered acceptable on the grounds that they are minor and inconsequential variations. The deficient site area and excess floor space would not be discernible from any public or private property. The objective is considered to have been complied with, as the variation to the upper limit has not been significantly varied. The assessment of the associated design and amenity impacts has also shown that the potential for adverse impacts has been considered and suitably addressed.

 

-           In accordance with the objectives of SEPP No.1, it is considered that the proposal promotes orderly use of the land. The site is capable of accommodating adequate parking levels, appropriate floor space and daily operation of the building will not adversely affect the amenity of surrounding residents or the character of the area.

 

-           The proposed development is consistent with the objectives of the 2C zone, which promotes medium density in forms that do not compromise the amenity of surrounding areas. The proposed development is similar in bulk and scale to older and more recent development proposals for multi-unit development on the block bounded by Addison Street, Kensington Road, Grosvenor Street and Lorne Avenue.

 

-           The applicant has attempted to include the neighbouring sites at No.4-6 Grosvenor Street to allow a more comprehensive streetscape approach between the two existing residential flat buildings at No.2 and 12 Grosvenor Street. Letters to the owners of 4 and 6 Grosvenor Street (which are included in the DA submission) reveal the decline in offer for the owners to be included in the proposal. Nevertheless, it is considered that a development similar to the proposal would also be appropriate on the sites at No.4 and 6 Grosvenor Street.

 

-           The proposed height is significantly below the height limit having a maximum height of 10.4 metres, 1.6metres below the height limit of 12 metres. The proposed height ensures that the built form is compatible with the surrounding built forms, including dwelling houses and residential flat buildings. The associated impacts of bulk, scale and overshadowing are also acceptable.

 

-           The proposed development is considered to form a positive contribution to the streetscape and an improvement to the existing residential flat buildings in the locality. The colour perspective images present the proposal as a modern and attractive infill in the medium density zone.

 

-           The proposed floor space excess will not result in any loss of views or outlook from surrounding properties

 

-           The proposed landscape plan compliments the proposed built form and will result in an attractive setting.

 

-           The deficient site area and excess floor space will not result in any aural or visual privacy impacts. The site area and proposed floor space allows for adequate setbacks to each side and to the rear of the development. The proposed ground and upper level landscaping assists in maintaining acceptable privacy levels.

 

-           As the overshadowing diagrams indicate, the proposed floor space will not result in any adverse shadowing impacts.   

 

Assessment:

 

The purpose of the floor space ratio standards as stated in the LEP is to establish reasonable upper limits for development in residential, business, industrial and special use zones through a limit on the amount of floor space that can be provided. This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.

 

The underlying objective of the floor space ratio standard is to control the bulk and scale of development to minimise adverse amenity impacts on neighbouring properties and the streetscape, and to ensure that the density of development is appropriate to the existing and desired future character of an area.  Floor space ratios are also used to control the intensity of development to a level that is commensurate with the traffic capacity of the local street system.

 

The proposal has been calculated to have a FSR of 1.03:1 (applicant’s figure-0.95:1), which significantly exceeds the 0.65:1 FSR standard applying under Clauses 32 (2) of Randwick LEP1998. Further, the proposed balconies, their associated planters and solid masonry panel surrounds on the south-western corner and the rear of the building at first and second floor levels, contribute additional visual bulk and mass to the proposed building. While nominated as ‘balconies’ in the plans, these areas do not present as elements, projections or works outside the general lines of the outer face of the external walls, but present rather as part of the mass and primary form of the building. If included as floor space, these areas would render a FSR for the development more equivalent to 1.1:1.   

 

The proposed building, as a direct consequence of its floor space, extends significantly beyond the rear setbacks of adjoining buildings and results in reduced set backs from both the side and rear boundaries of the site. This is considered to result in a building of excessive visual bulk and scale as viewed from neighbouring properties. The proposed FSR of the development also generates a car parking demand that cannot be adequately met on-site. Furthermore, the proposed development will result in the loss of an existing significant tree specimen covered by Council’s Tree Preservation Order within the existing rear yard of No.10 Grosvenor Street, which should be retained for its current and future visual amenity and streetscape values. The tree could be retained if compliance (or closer compliance) with the 0.65:1 FSR standard was achieved    

 

As the site falls only 10.2 sq.m. short of the minimum site area of 700sq.m required for a 0.9:1 maximum FSR to apply, a nominal maximum FSR somewhere between 0.65:1 and 0.9:1 would be reasonable to apply to the development of this site.

 

The SEPP 1 objection is not considered to be well founded.

 

9.1.3    Building Height

 

Clause 33(2) of the LEP requires that the maximum height of a building (other than a dwelling house) is 12 metres as measured vertically from any point on ground level.

 

Clause 33(4) of the LEP requires that the maximum height of any external wall of a building (other than a dwelling house) is 10 metres as measured vertically from any point on ground level.

 

The proposed building has a maximum overall and wall height of 10.4 metres as measured from ground level to the top of the parapet. The 10.0m wall height standard applying under Clause 33(4) above is therefore exceeded.

 

The applicant has lodged an objection under State Environmental Planning Policy No.1 (SEPP 1)-Development Standards to the proposal’s departure from the maximum wall height standard. In the objection the applicant submits that compliance with the standard is unnecessary and unreasonable in the circumstances of the case for the following reasons:

 

-           The excess is 0.4 metres and is confined to a minor portion of the site. It is considered that at least 98% of the wall height is below the height limit of 10 metres by up to 0.6 metres. The excess does not contribute or create a disorderly use of the land.

 

-           The proposed height limit (overall and wall) is below that of other residential flat buildings along the same side of Grosvenor Street and below those immediately to the rear along Addison Street.

 

-           The additional height does not result in any adverse impacts to surrounding neighbours in regard to overshadowing, loss of outlook or view and loss of privacy.

 

-           The proposed design is considered meritorious and will form an improvement to the streetscape along both sides of Grosvenor Street. The proposed setbacks and landscaping will result in the built form being an attractive addition to the streetscape.  

 

Assessment:

 

The purpose of the building height standards as stated in the LEP are to set upper limits for the height of buildings in residential and business zones that are consistent with the redevelopment potential of land in those zones given other development restrictions, such as floor space and landscaping, and have regard for the amenity of surrounding areas..

 

Due to the proposed length and reduced side and rear boundary setbacks of the building especially towards its rear, the excessive wall height of the proposed building is considered to cause unnecessary and unjustifiable additional amenity impacts to adjoining properties in terms of increased overshadowing and visual bulk and scale. It is therefore considered that the wall height of the proposed building should be required to comply with the maximum 10.0 metre requirement. The applicant has indicated that the height of the building can be readily reduced to comply.

 

The SEPP 1 objection is not considered to be well founded.

 

9.2       Car parking and Traffic

 

Under Council’s DCP-Parking, 18 car parking spaces comprising 14 residential and 4 visitor spaces are required for the proposed development. 14 spaces are proposed, comprising 13 residential and 1 visitor car space within a basement level car park. A Traffic and Parking Report prepared by Traffix –Traffic and Transport Planners has been submitted in support of the proposal.

 

As the number of car parking spaces provided in the development does not comply with the requirements of DCP-Parking, a copy of the application and accompanying traffic/parking report and a subsequent supplementary traffic/parking report lodged on 11 January 2001 was referred to Council’s Traffic Engineer for assessment and comments. The Traffic Engineer’s assessment and advice is provided under Section 6.4 of the report.

 

In the applicant’s Traffic and Parking Assessment report, it is argued that as the size of the proposed one bedrooms units are 42sq.m and therefore only slightly exceed the maximum 40sq.m requirement for a rate of 1 residential car space per 2 dwellings to apply under the DCP, the proposed provision of 14 car spaces represents a reasonable compromise between the 18 spaces required under strict application of the DCP and the 11 spaces which would be required at the lower rate applicable to dwellings under 40sq m in area. Notwithstanding this argument, it is contended that there is sufficient available on-street parking capacity in the vicinity of the site to accommodate the proposed deficiency of 4 spaces from the DCP. The applicant’s report also contends that the site should enjoy a parking credit in lieu of the deficiency in on-site parking by 3 spaces under the DCP currently generated by the two dwellings on the site.

 

Council’s Traffic Engineer does not support the arguments and findings of the applicant’s report and has concluded on the basis of his assessment that the proposed development should not be supported on traffic and parking grounds.

 

9.3       Amenity Impacts

 

9.3.1    Visual Bulk and Scale

 

The proposed length, height and reduced side and rear boundary setbacks of the building especially towards its rear, is considered to have an unreasonable adverse amenity impact upon adjoining properties in terms of visual bulk and scale. The limited height of the proposed plantings (up to 3.0m  only) within the proposed planter boxes along the side boundaries of the site is not considered to provide sufficient visual screening and softening of the proposed building from the adjoining eastern and western properties.

 

9.3.2    Overshadowing and Loss of Light

 

The shadow diagrams submitted with the application indicate that the proposal would comply with the requirements of the DCP-Multi Unit Housing in relation to solar access to adjoining properties. Although the shadow diagrams do not show the shadowing effects of the adjoining flat buildings to the rear fronting Addison Street, the author’s own assessment would indicate that the north facing rear yard areas of the adjoining eastern and western properties would still receive more than 3 hours of sunlight to at least 50 % of their rear yard areas during the late morning to early afternoon period in mid-winter. Notwithstanding this, the proposed building extends significantly beyond the rear setback of the adjoining western dwelling at No.6 Grosvenor Street causing unnecessary additional overshadowing to the rear yards and windows of No.6 Grosvenor Street in the morning and the rear-most west facing windows of the residential flat building at No.12 Grosvenor Street in the afternoon.

 

The existing single storey dwelling on the site at No.8 Grosvenor Street is generally set back 900mm (approximately1200mm towards the rear) from the western side boundary with No.6 Grosvenor Street). Due to the increased setbacks of the proposed building from the western side boundary, daylight access to the adjacent east-facing windows of No.6 Grosvenor Street would generally be improved by the proposed building.

 

The east-facing living area windows of No.6 Grosvenor Street would not currently receive 3 hours of sunlight due to their orientation relative to true north. The rear projection of the proposed building beyond the rear of the dwelling at No.6 Grosvenor Street will result in additional loss of morning sunlight to the rear, east-facing and north-facing windows of that dwelling. Increasing the rear setback of the proposed building would reduce the morning shadow impact on those windows.

 

9.3.3    Overlooking/Loss of Privacy

 

Window openings to the main living areas of the units contained within the proposed building are generally orientated to the front and rear of the building with openings to bedrooms and bathrooms orientated to the side boundaries and the proposed bathroom windows openings having 1.6m sill heights. Planter boxes with plantings to 1.5m in height are proposed to the sides of the proposed first and second floor balconies at the front and rear of the building to restrict the overlooking of adjoining properties. The existing 7m high tree within the rear yard of No.6 Grosvenor Street adjacent to that property’s eastern boundary will also provide some visual screening of the rear balconies of the development from that property.

 

The location of the pedestrian walkway along the western side boundary of the proposed building and the proximity of the proposed building to that boundary creates the potential for aural privacy impacts to the adjacent rooms of the semi-detached dwelling at No.6 Grosvenor Street. However, due to the orientation of the living areas of the proposed units to the front and rear of the proposed building, no significant adverse impact is envisaged. 

 

The performance requirements of the DCP in regard to visual and aural privacy will be satisfactorily met.

 

9.3.4    Views

 

No significant existing views would be affected by the proposed development. The existing significant Gum tree within the rear yard area of No.10 Grosvenor Street, however, provides significant visual amenity to the surrounding properties and should be retained. The rear yard areas of the site and adjoining pair of semi detached dwellings at Nos.4 and 6 Grosvenor Street also provide significant visual amenity as a shared green space between adjoining and nearby buildings.

 

9.4.1    Building Design, Materials and Appearance

 

The proposed building is of a contemporary design. The building is to be predominantly rendered with banded brickwork detailing to the side elevations, a parapet roof form, and solid rendered balustrading and masonry panel surrounds to the proposed front and rear balconies.

 

The applicant advises that the Type 6-1960s-1980s Walk-up Flats building type profile identified under Part 2 of the DCP-Multi Unit Housing-Vision for Randwick-Desired Future Character was used in the design of the proposed development.

 

Although there are some residential flat buildings on the northern side of Grosvenor Street (i.e. 4 in all), the predominant type of development in the street consists of single storey dwelling houses and two semi detached dwellings, all of a Federation character. This would suggest that infill development on the site should be designed to conform to a Type 3-Federation or Californian Bungalows streetscape profile in accordance with the provisions of the DCP.

 

Independent heritage advice sought from City Plan Heritage (copy attached) confirms that Grosvenor Street is divided between a Type 2-Single Level Federation Terraces or Semis and a Type 3- Federation or Californian Bungalows streetscape. The City Plan report confirms that 17 of the 23 buildings in Grosvenor Street are of a Federation character.

 

Both the Type 2 and Type 3 streetscape profiles of the DCP specify that design features and elements such as gable or pitched roof forms (with gable ends being panelled and recessed) and predominantly face brick should be used in the design of infill development. These building type characteristics required by the DCP are not evident in the proposal.

 

The architectural character and design of the proposed development is not considered to respect, enhance and compliment the dominant existing Federation character and the desired future character of development in Grosvenor Street.

 

9.5     Resident Submissions

 

          Most of the concerns/issues raised in resident submissions have been previously addressed. Those issues/concerns requiring further comment are identified and assessed below.

 

-       Size of driveway opening

 

Comment:

 

The 3.3m height of the proposed driveway opening is considered excessive and could be reduced by a condition of development consent.

 

-       Potential damage to building, noise, dust and general inconvenience during construction

 

Comment:

 

These concerns can be satisfactorily addressed through conditions of consent.

 

-       Overdevelopment of the site

 

Comment:

 

The proposal is considered to constitute an overdevelopment of the site.

 

-   Increased noise

 

Comment:

 

An increase in density on the site as envisaged under the 2C zoning generates the potential for increased noise from residents and visitors and their vehicles. Due to the proposed design, layout of units, the positioning of window openings and balconies and the driveway entry to the basement car parking, no significant adverse noise impacts are likely to arise from the proposal.

 

-     Effect of proposed excavation for basement car park on the structural integrity of the dwelling/dilapidation report requested

 

Comment:

 

Dilapidation reports for neighbouring properties would be required to be provided at construction certificate stage by condition of consent.

 

-       Lack of dwelling mix

 

Comment:

 

The one-bedroom dwellings proposed would be attractive to singles, couples and the elderly. No objection is raised to the proposed development in this regard.

             

-     Impact on living areas of No.6 Grosvenor street due to lighting to the pedestrian entry and walkway at night

 

Comment:

 

Non-intrusive lighting to the pedestrian entry and walkway areas of the development would be required by condition of development consent.

 

-     Impact of smoke from No.6’s chimney on nearby units of the proposed building

 

Comment:

 

This is not considered to present a major issue for concern. Window openings in the western elevation of the dwelling opposite No. 6 are generally limited in size.

 

-     No provision for bicycle parking indicated in the plans

 

Comment:

     

The amended plans included the provision of a bicycle storeroom adjacent to the driveway entry to the basement car park.

 

10.       CONCLUSION

 

The proposed development does not comply with numerous qualitative and quantitative standards of Randwick LEP 1998, the Multi Unit Housing DCP and Car Parking DCP, and the SEPP 1 objections in relation to floor space ratio, soft landscaping provision and wall height are not considered to be well founded. The proposed development is also inconsistent with a key objective of the 2C zone.

 

A development of a lesser FSR of (or close to) 0.65:1 would allow most, if not all, of the issues/ concerns raised with the proposal to be satisfactorily addressed. Reducing the length of the building could allow the existing significant gum tree located within the rear yard area of No.10 Grosvenor Street to be retained, impacts on neighbouring properties such as visual bulk and scale, overshadowing and privacy to be significantly reduced, greater setbacks to be achieved from side and rear boundaries, significantly greater provision for soft/deep-soil landscaping especially on the rear of the site, compliance with the car parking standards of DCP-Parking, and a building design which responds more appropriately to the predominant architectural style and character of existing development in the street. 

 

The application is therefore recommended for refusal.

 

In light of the findings and recommendations of the Randwick Heritage and Visual Character Study by Godden Mackay Logan, June 2001 and the independent heritage advice obtained from City Plan Heritage, is also recommended that Council formally recognise the Federation heritage qualities and character of Grosvenor Street so that all developments respect its established character and amenity value. Further, it is recommended that Council seek a separate later report on the identification of the Grosvenor Street Area as a heritage conservation area and that the 2C zoning applying to the northern side of Grosvenor Street be reviewed in the report due to its inconsistency with a Conservation Area listing.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 933/2001 for Demolition of the two existing dwelling houses and the construction of a three storey (4 level) multi unit housing development comprising 14 x one bedroom dwellings with associated basement car parking  at 8-10 Grosvenor Street, Kensington for the following reasons:-

 

1.         The proposal does not comply with the Aims of Clauses 2 (e) and (g) and the Objectives of Clause 12(1) (c) of Randwick Local Environmental Plan 1998.     

 

2.         The proposal does not comply with the stated purposes of Clauses 31, 32 and 33 of Randwick Local Environmental Plan 1998 in relation to provision for soft permeable landscaping, floor space ratio and wall height, and the State Environmental Planning Policy No.1 objections in relation to the proposal’s departures from Clauses 31(3), 32(1) and (2), and 33(4) of Randwick Local Environmental Plan 1998 in particular, are not considered to be well founded and justified.

 

3.         The proposal is inconsistent with and contrary to the Objectives and identified Requirements of the following Parts contained in the Randwick Development Control Plan-Multi Unit Housing:

 

-           Part 2.1-Vision for Randwick-Desired Future Character (Type 3 Streetscape)

-           Part 3.1- Site Planning (P1 and P2), Part 3.2- Height (P2), Part 3.3- Building Setbacks (P2 and P3), Part 3.4-Density (P1), Part 3.5- Fences (P1).

-           Part 4.1-Landscaping and Private Open Space (P2), Part 4.2- Privacy (P1).

 

-           Part 5.1-Parking (P3), Part 5.2-Driveways and Manoeuvring (P2) Part 5.3-Storage (P1).

-           Part 6.1-Heritage Conservation and/or Heritage Items (P3).

 

4.         The proposal does not comply with the Aims, Objectives, Requirements and standards of Randwick Development Control Plan-Parking and makes inadequate provision for on-site parking and there is insufficient available on-street parking capacity to accommodate the parking demand of the development.

 

5.         The proposal would constitute an overdevelopment of the site.

 

6.         The proposal would have an adverse impact upon local residential amenity in terms of visual bulk and scale, overshadowing, and lack of adequate provision for on-site parking.

 

7.         The proposal would result in the loss of the existing significant gum tree located within the existing rear yard area of No.10 Grosvenor Street, which is covered by Council’s Tree Preservation Order and should be retained due to its current and future amenity and environmental values.

 

8.         The architectural character and design of the proposed development does not respect, enhance and compliment the dominant existing character and the desired future character of development in Grosvenor Street.

 

9.         The proposal does not respond appropriately to its surrounding context and setting.

 

10.       The proposed development would create an undesirable precedent for future development in Grosvenor Street.

 

11.       The proposal is not in the public interest.

 

12.       The proposal does not adequately address issues/concerns raised in resident submissions.

 

B.         That In light of the findings and recommendations of the Randwick Heritage and Visual Character Study by Godden Mackay Logan, June 2001 and the independent heritage advice obtained from City Plan Heritage, Council formally recognise the Federation heritage qualities and character of Grosvenor Street so that all developments respect its established character and amenity value. Further, that Council seek a separate later report on the identification of the Grosvenor Street Area as a heritage conservation area and that the 2C zoning applying to the northern side of Grosvenor Street be reviewed in the report due to its inconsistency with a Conservation Area listing.

 

ATTACHMENT/S:

 

-  A4 configurations

-  Copy of Independent Heritage Assessment Report prepared by City Plan Services dated January 2002 UNDER SEPARATE COVER

-  Copy of report prepared by Council's Tree Preservation and Maintenance Co-ordinators regarding the existing Gum Tree located within the rear yard area of No.10 Grosvenor Street.      

 

 

 

 

………………………………

………………………………

 

STEVEN HUGHES

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER