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

 

26 November 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, 3RD DECEMBER 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 EXTRAORDINARY 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 COMMMITTEE MEETING HELD ON TUESDAY, 12 TH NOVEMBER, 2002.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                        

DEVELOPMENT APPLICATION REPORT - 135-147 ALISON ROAD, RANDWICK (RANDWICK LABOR CLUB)

2

 

5.2                        

DEVELOPMENT APPLICATION REPORT - 84 DUDLEY ST, COOGEE

67

 


 

5.3                        

DEVELOPMENT APPLICATION REPORT - 34-36 PARK AVENUE, CLOVELLY

113

 

5.4                        

DEVELOPMENT APPLICATION REPORT - 15 INMAN STREET, MAROUBRA

147

 

 

6           General Business

 

7           Notice of Rescission Motions

 

 

 

 

………………………………………….

GENERAL MANAGER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

21 November, 2002

FILE NO:

D/0813/2000

 

PROPOSAL:

 Alterations and additions to the existing Randwick Labor Club and construction of a new 5 level building containing gaming areas, function rooms, roof terrace, car parking and restoration and adaptive reuse of the existing terraces for low income rental accommodation

PROPERTY:

 135 - 147 Alison Road, Randwick

WARD:

 East Ward

APPLICANT:

 Randwick Labor Club

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council as it is valued at $5,000 000.

 

It is proposed to carry out alterations and additions to the existing Randwick Labor Club and construct a new 5 level building containing gaming areas, function rooms, roof terrace, car parking and restoration and adaptive reuse of the existing terraces for low income rental accommodation.

 

Development application No. 314/96 to demolish the existing two terrace houses was refused by Council on 25 March 1997 and a subsequent appeal to the Land and Environment Court was dismissed by judgement on 19 June 1997.

 

Council’s expert evidence in the proceedings provided an alternative to the demolition of the terrace houses involving the demolition of the rear sections of the heritage items which are only of limited heritage value, and construction of a 3-4 level building at the rear.  Council asserted that such an alternative scheme would allow the highly graded core of the original terraces to remain intact whilst also allowing the reactivation of the boarding house accommodation as part of an integrated site redevelopment, which would retain and restore the period terraces.

 

The current development application (No. 813/2000) is consistent with the alternative scheme suggested by Council in the proceedings. 

 

Planning NSW has assessed the proposal under the requirements of SEPP 10- Retention of Low Cost Rental Accommodation and has granted concurrence to the development.  The proposal will revive a derelict boarding house and assist in maintaining the quantity of affordable housing stock within Randwick.

 

The proposed development being partly for the purposes of extending the existing club facilities is prohibited in the Residential 2C zone.  The applicant is relying on the provisions of Clause 47 - Conservation Incentives to allow the use to be permissible in the 2C zone and vary the development standards applicable to the site.

 

Under clause 47, Council must be reasonably satisfied that the necessary funding for the immediate and ongoing conservation of the heritage item would not be available unless the development is allowed to proceed.  The applicant has demonstrated to Council that the conservation of the heritage item depends on the granting of consent for the proposed development. 

 

The proposed development will not adversely impact on the heritage terraces or detrimentally affect the amenity of the locality in which the heritage items are situated.  As such, it is considered that the proposed development represents an appropriate use of clause 47 and there is adequate justification for the relaxation of the nominated standards.

 

The SEPP 1 objections lodged with respect to the non-compliance with the floor space ratio, landscaping and height are considered to be well founded in the circumstances. The proposal will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, solar access, privacy and car parking.

 

The proposal achieves increased economic viability of the subject land whilst also providing community benefit of considerable magnitude by restoring the existing terrace houses as highly graded items of local significance and reactivating the boarding house accommodation.

 

The recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

It is proposed to carry out alterations and additions to the existing Randwick Labor Club and construct a new 5 level building containing gaming areas, function rooms, roof terrace, car parking and restoration and adaptive reuse of the existing terraces for low income rental accommodation. 

 

The new five level building would necessitate the demolition of the rear sections of the existing heritage terraces to allow it to be sited at the rear of the allotments containing the single and double storey terraces.  The new building would form an extension of the existing club premises. The basement level is fully below the ground level of Elizabeth Lane whilst the ground level semi excavated, partially protruding above existing ground level. These levels would provide car parking for 24 vehicles.   An additional 5 car spaces are also being created at the ground floor level of the existing club building via the demolition of existing cool room and store areas. 

           

The first floor level provides “back of house “ facilities such as kitchen, stores and cool rooms, whilst the second and third floors comprise gaming areas and lounges. A roof terrace that will be accessed from the existing lounge area on the fourth floor of the existing Club premises is also proposed for outdoor activities.

 

Pedestrian access to the new extension will be via the existing club entrances on Alison Road.  Vehicular access will continue to be from the existing entrance in Elizabeth lane.

 

The proposed building would appear as a solid masonry podium with a scored and painted render finish at its lower levels.  At the upper level the building would comprise a lightweight metal-framed structure with CFC cladding and curved zinc clad roof. 

 

The proposal also involves the restoration and adaptive reuse of the front part of the existing two storey heritage terraces and single storey terrace, which is not a heritage item, for low-income residential accommodation.  The single storey terrace will be demolished and rebuilt as a two storey terrace and in conjunction with the restored heritage items will be converted to a total of 10 dwellings.  A 5.8m deep courtyard will be provided at the rear of the terraces to be used as communal open space for the residents of the low income housing.

 

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Alison Road between Botany Street and Elizabeth Street, Randwick. The site is rectangular in shape with a width of 40.91m and a depth of 38.36m, having a total site area of 1548.3 m2. Existing on the site is a five storey commercial building known as the Randwick Labor Club two storey terraces known as 143 Alison Road (Rexmere, a Victorian boom style terrace, 1884) and 145 Alison Road (Hillcrest, Victorian terrace) which are included in the Randwick Local Environmental Plan 1998 as heritage items. A single storey terrace building (No. 147 Alison road) is also situated on the northern end of the site.

 

The bulk of the building works (including the new rear building) will occur on the two adjoining allotments to the existing Labor Club, which currently occupied by the two, two storey terrace houses and single storey terrace house. This part of the site has a  frontage of 20.06m to Alison Road and a depth of approximately 38.3m, having a site area of 764.2 m2

 

The Randwick Junction Precinct is characterised by a mixture of both residential and commercial development. To the east of the site is a funeral parlour building that fronts Alison Road and to the south opposite Elizabeth Lane are four storey residential flat buildings which front Silver Street. To the west of the site is a two storey terrace building, and to the north on the opposite side of Alison Road is a three storey residential flat building.

 

4.         SITE HISTORY

 

a.   APPLICATION HISTORY

 

DA 314/96     An application to demolish the existing two terrace houses was refused by Council on 25 March 1997 and a subsequent appeal to the Land and Environment Court was dismissed by judgement on 19 June 1997.

 

Council’s expert evidence in the proceedings provided an alternative to the demolition of the terrace houses involving the demolition of the rear sections of the heritage items which are only of limited heritage value, and construction of a 3-4 level building at the rear.  Council asserted that such an alternative scheme would allow the highly graded core of the original terraces to remain intact whilst also allowing the reactivation of the boarding house accommodation as part of an integrated site redevelopment, which would retain and restore the period terraces. 

 

Development application No. 813/2000 was lodged on 31 August 2000 and is consistent with the alternative scheme suggested by Council in the proceedings mentioned above. It proposed demolition of rear portion of the existing terrace houses & construct a new 5 level building (2 below ground and 3 above) forming an extension of the existing club premises and the adaptive reuse of the terraces for low income accommodation comprising five self contained apartments.

 

On 4 December 2000 Planning NSW refused to grant its concurrence under clause 7(3) of State Environmental Planning Policy No. 10

 

On 2 March 2001 a meeting was held with the applicant, Council and Planning NSW discuss the SEPP 10 issues.  At the meeting the applicant indicated that the scheme would be amended to provide for 10 dwellings with a combination of shared facilities and some ensuites.

 

On 28 September 2001, amended plans were received by Council proposing to convert the existing terraces to ten 10 dwellings with either an ensuite and kitchenette or shared kitchen. These amended plans introduced a courtyard between the rear of the remnant terraces and the proposed new building and reduced the dominance of the new development over the terraces by lowering the overall height.

 

On 6 March 2002, a further set of amended plans were submitted which lowered the height of the edge of the new building facing the terraces, and which replaced the proposed outward leaning screen to this edge with a growing frame.  This growing frame covers the wall of the new building facing the terraces and the wall of the foyer link between the existing building and the new building.  A planter box is provided adjacent to the edge of the new building. These amended plans were not renotified as they did not significantly alter the proposal and lessened the impacts of the proposal.  This report assesses the amended plans received by Council on 6 March 2002.

 

On 27 August 2002, Planning NSW granted concurrence to the application in accordance with SEPP 10 Retention of Low Income rental accommodation.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised and referred to Precinct Committee in accordance with the Local Environmental Plan 1998. The following submissions were received in respect to the original proposal:

 

5.1       Objections

 

Noeline Hall 63/ 6-8 Frances Street

 

·    Heritage items have be subject to a long period of neglect

·    Liveability of dwellings

·    Carparking relies on earlier studies

·    Social impacts

 

Randwick Precinct Committee

 

·    Unsympathetic to the heritage character of the buildings

·    Excessive bulk and overdevelopment

·    Social impacts

 

The amended proposal was renotified and advertised on 16 October 2001. No submissions were received in response to the amended proposal

 

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 several trees, covered by Council’s Tree Preservation Order that may be affected by the proposed works, including:

 

a.     One Cedrus species (Cedar) located within the rear yard of No.143 Alison Road. This tree is approximately 6 metres tall, in average health with some dead wood present.  Permission should be granted for the removal of this tree.

 

b.     One Arecastrum romanzoffianum (Cocos Palm) located within the front yard of No.143 Alison Road. This palm is approximately 8 metres tall and in good health. The plans show the retention of this tree and as such it should be retained and protected as part of this application.

 

c.     One Arecastrum romanzoffianum (Cocos Palm) located within the rear yard of No.143 Alison Road. This palm is approximately 7-8 metres tall and in good condition. As such this tree should be transplanted to a more suitable location, within the Alison road frontage of the development site.

 

6.2       Drainage Issues

 

Onsite detention of stormwater is required for the redeveloped portion of the site.

 

6.3       Traffic/Parking Issues

 

Council’ Traffic Engineer has provide the following comments on the proposal:

 

The amended plans indicate the following modifications relating to the parking layout

 

Basement Floor

 

On the basement floor, the ramp width has been widened to 6253 mm adjacent to the new parking area. This will improve access and is considered satisfactory. The plans indicate that the width of the ramp adjacent to the existing parking area will remain at 4700mm as proposed in the earlier plans. The minimum width for a two way ramp for compliance with AS 2890.1 Off street parking is 5500mm.

 

The aisle width on the basement floor has been widened to 6288mm. This is considered satisfactory, as the end spaces are 3425mm wide.

 

Ground Floor

     

On the ground floor plan, the ramp width has been widened to 6242mm adjacent to the extended parking area, however the width at the bottom of the ramp has remained at 4700mm, which does not comply with AS 2890.1.

 

The aisle width has been widened to 6862mm, which is considered satisfactory. 10 bicycle parking spaces have been provided in a satisfactory location. Tandem parking is still shown on the plan, which has been dedicated as staff parking. This does not comply with Council’s DCP-Parking.

 

First Floor

 

A further 4 bicycle parking spaces have been allocated on the first floor. The plan shows a total of 16 spaces including a disabled parking space.

 

IT IS RECOMMENDED that the Director of Environmental Planning and City Development be advised that:

 

1.     The number of proposed car spaces does not comply with Council’s DCP-Parking. However the applicant has provided supporting information, which demonstrates that the reduced parking provision is satisfactory.

 

2.     The ‘No Standing’ signs should be converted to ‘No Parking’ in front of the club in Alison Road by the applicant at no cost to Council.

 

3.     The ‘No Standing’ signs should be converted to ‘No Parking’ along the full length of Elizabeth Street on both sides by the applicant at no cost to Council.

 

4.     The existing 5 staff parking spaces plus an extra 1 space should be relocated to adjacent to the loading dock area and signposted accordingly i.e. those spaces marked as 1,2,3,4,9 & 10 on the existing section of the ground floor plan.    

 

5.     Tandem Parking does not comply Council’s DCP and is not supported. The development application indicates two (2) tandem spaces on the ground floor (shown as no’s. 12 and 13.)

 

6.     One off street car space is to be allocated to the residential units and must be clearly signposted and line marked.

 

However should the Environmental Planning and City Development Department support the application in its current form the following traffic conditions should be applied:

 

1.     The ‘No Standing’ signs should be converted to ‘No Parking’ in front of the club in Alison Road by the applicant at no cost to Council.

 

2.     The ‘No Standing’ signs should be converted to ‘No Parking’ along the full length of Elizabeth Street on both sides by the applicant at no cost to Council.

 

3.     One off street car space is to be allocated to the residential units and must be clearly signposted and line marked.

 

4.     The parking spaces indicated as 8, 9, 12 and 13 on the ground floor plan should be clearly marked as staff parking spaces.

 

6.4       Waste Management

 

Council’s Waste Manager has advised that the spatial arrangement of the waste area is adequate but requires further details prior to a development consent being issued.  A suitable deferred commencement condition is included in the recommendation.

 

6.5       Heritage Issues

 

Council’s Heritage Planner has provided the following comments on the proposal:

 

Context

The subject site is located at the northern edge of the Randwick Junction Town Centre.  Immediately to the west of the site is the Randwick Labor Club, while further to the west is residential development including both Victorian villas and Interwar residential flat buildings.  Immediately to the east is a funeral directors establishment occupying a former terrace building, which has undergone substantial alterations and additions.  Further to the east and south is the Randwick Junction commercial centre.  To the south, on the opposite side of Alison Road is a residential flat development of fairly recent construction.

 

Site

The subject site is occupied by two storey terrace buildings and a single storey flat attached to the eastern-most terrace.  The two terraces are listed as heritage items under Amendment no.2 to Randwick Local Environmental Plan 1998, which was gazetted on 9 October 1998.  The Randwick Heritage Study Inventory Sheet for no. 143 Alison Road, “Rexmere” notes that the building was constructed in 1884 and is amongst the oldest surviving buildings in Alison Road.  The building has aesthetic significance and is a fine example of a type becoming increasingly rare in Randwick City.  The Sheet for no.145-147 Alison Road, “Hillcrest” notes that the building was constructed during the 1880s and has aesthetic significance.

 

Background

The original application proposed that the rear wings of each of the two storey terrace buildings were to be demolished and replaced by a carpark consisting of one below ground and two above ground levels, together with one floor of gaming area and a further floor of function rooms.  The carparking and gaming areas were to be built hard up against the rear of the remnant terraces, with no separation or curtilage between them.

 

It was considered that the submission did not successfully justify the demolition of the rear wings of the terraces in terms of the requirements of Clause 47- Conservation Incentives.  It was also considered that the location, scale, form and materials of the development to the rear of the terraces would dominate the terraces and detracts from their setting, visual context and heritage significance.

 

Proposal

The current application also proposes demolition of the rear wings of each of the two story terrace buildings.  A courtyard is to be provided between the rear of the remnant terraces and the proposed new building.

 

Comments

The original application has been accompanied by a Conservation Plan and Statement of Heritage Impact prepared by Jackson Teece Chesterman Willis Pty Ltd.  An amended Conservation Plan and Statement of Environmental Effects have not been submitted with the current application.

 

The JTCW Conservation Plan concluded that the overall condition of the building at no.145-147 Alison Road is generally good, but notes some internal and external changes, including alterations and additions to the original rear wing.  The JTCW report considers that no.145-147 and 143 Alison Road are significant as a regionally representative example of Late Victorian period development in Randwick, associated with the earliest land grants and with Simeon Pearce, the father of Randwick.  No.145-147 is a fine and relatively intact example of a detached late Victorian Boom style terrace displaying many characteristics of that style and According to JTCW, the pair contribute to the remnant Late Victorian context of Randwick and the streetscape of Alison Road.

 

In terms of conservation policies for the buildings, JTCW’s general policies included recommendations that surviving significant fabric, and the arrangement and relationship of significant spaces within the building should be maintained.  There were concerns that the removal of the rear wings would result in the loss of significant surviving fabric and destroy the arrangement and relationships of significant spaces within the building.

 

The Statement of HI notes that the demolition of the rear services wing “results in the loss of the original characteristic terrace house footprint and form, viz. the block of principle rooms at the street frontage attached to a lower, narrower wing housing the secondary service spaces and functions at the rear.”  The Statement of HI also notes that the construction of the new 4 storey addition to the existing Club building “entails visual impact on the aesthetic significance of the terrace houses in so far as the terrace houses are no longer the sole buildings on their respective allotments (and) … are no longer perceived in the round particularly from Elizabeth Street and Elizabeth Lane.”  The Statement considers that the demolition of rear wings and the impact of the new building would be mitigated by the design of the addition.

 

The current proposal provides a separation of around 5.8m between the new development and the rear of the remnant terraces, providing an improved outlook and increased open space.  The curtilage provision is therefore considerably improved as compared to the previous proposal.  A screen is to be provided to the elevation of the new building, which faces the rear of the terraces.  The screen leans outwards from the face of the building, in order to provide a separation to the windows of the third level foyer and function rooms.  This outward leaning screen will have a somewhat overbearing effect on the courtyard to the rear of the terraces.  It is suggested that the top level of the building be set back from the line of the lower level walls, in order to reduce the apparent scale of the building, to minimise its heritage impact and to decrease overlooking of the terraces.  The aluminium framed glazing to the foyer link between the existing auditorium and the new third floor function rooms will not be screened however, and has the potential to create considerable overlooking from the public areas of the Club to the rear of the residential buildings.

 

As compared to the previous proposal the current proposal excavates the basement levels deeper into the ground, reducing in height of the building by around 1m.  The new building will therefore have a height of 3 levels above ground.  The difference in height between the proposal and the existing building will therefore be reduced and the visibility of the new development when viewed from surrounding streets will be reduced.  The dominance of the new development over the terraces will therefore be minimised.

 

The current proposal considerably simplifies the form and design of the proposal.  The new building will not therefore draw attention away from the simple forms of the terraces.  The array of proposed materials for the new building has also been somewhat simplified, so that it will not compete with the limited range of materials of the heritage items.

 

Clause 47 of Randwick LEP 1998 allows Council to grant consent to development for any purpose provided the proposal does not adversely impact on the amenity of the locality or the heritage significance of the item, and provided the conservation of the item depends on the granting of the consent.

 

The current submission includes more detailed economic assessments of four schemes for the retention of the terraces and continued operation of the Club.  The first three options would not extend or substantially modify its present premises.  Details of these schemes are as follows:

 

Scheme 1a -   refurbishment of the terraces and the single storey cottage essentially within the same footprints, as 11 units.

Scheme 1b -   refurbishment of the terraces as two single dwelling houses alongside the cottage.

Scheme 2 -      refurbishment of the terraces and their land as 10 low cost housing units, involving the demolition of the rear wings of the terraces and construction of a new two storey house on the site of the single storey cottage.

 

The economic assessment of these three schemes concludes that none of them are financially viable.  The fourth scheme (the current proposal) generates a surplus, which would cover the refurbishment costs for the terrace houses.

 

The Conservation Plan prepared by Jackson Teece Chesterman Willis includes as an Appendix, a Schedule of Conservation Works to 143 and 145 Alison Road.  The Schedule is presented on a room-by-room basis and provides a reasonable level of detail for conservation works to be carried out in the short term, during the construction of the new buildings on the site.  The Conservation Plan includes a recommendation that a Maintenance Schedule be prepared to ensure the ongoing conservation of the buildings.  It is suggested that a Maintenance Schedule/Plan be provided for conservation works to be carried out in the longer term, and be submitted with the Construction Certificate application.

 

As compared to the previous proposal, the current proposal is generally compatible with the terraces and the streetscape, and development to the rear of the terraces does not diminish their significance.  It is recommended that options be investigated however, for the redesign of the section of the new building which faces the rear of the terraces, in order to minimise its heritage and amenity impacts.

 

There were concerns in relation to the design of the section of the new development facing the terraces, and several suggestions were made for the redesign of this area.  Amended plans have been submitted which somewhat lower the height of the edge of the new building facing the terraces, and which replace the proposed outward leaning screen to this edge with a growing frame.  This growing frame covers the wall of the new building facing the terraces and the wall of the foyer link between the existing building and the new building.  A planter box is provided adjacent to the edge of the new building, however it is suggested that a condition be included in any consent requiring the provision of a planter box below the growing frame to the foyer link.  The provision of an extended planter box will allow for plants to grow on the growing frame.

 

6.6       Environmental Health

 

Council’s Environmental Health Officer has raised no objections to the proposal subject to the imposition of standard conditions.

 

6.7       Issues Raised by External Bodies

 

6.7.1    Planning NSW

 

On 27 August 2002 the Director General of Planning NSW granted concurrence to the development application in accordance with SEPP 10 subject to the following conditions:

 

1.   The application shall enter into a head lease with Eastern Suburbs Rental Housing Association (ESRA) for the self-contained rooms in the boarding house to ensure eligible low-income tenants are accommodated within the premises.  A signed Residential Tenancy Agreement between the Club and ESRA shall be submitted to Council (and a copy to planning NSW) prior to issue of the Certificate of Occupancy.

 

2.   All dwellings proposed in the application shall be retained in rental tenure at rent levels not exceeding $175.50 per week for the non-self contained dwellings and $187.50 per week for the self contained dwellings.  Subject to negotiation with the housing provider, an eligibility list for Randwick Labour Club members could be developed.

 

3.   In the event that agreement cannot be reached with a housing organization after reasonable attempts to do so by the applicant, the applicant shall provide evidence to Council indicating the names of all housing providers that have been approached and the written responses from those organizations.  If no housing organization has been found to Council’s satisfaction then Conditions 4 and 5 shall apply.

 

4.   A positive covenant shall be created unde Section 88E of the Conveyancing Act to ensure that all units proposed in the application are retained in rental tenure at rent levels not exceeding $157.50 per week for the non-self contained dwellings and $187.50 per week for the self contained dwellings subject to rent increases specified in Condition 6.  Such covenant shall not be revoked or modified without prior approval of council.  The covenant shall be submitted for Council’s approval prior to the issue of a construction certificate.

 

5.   The Labor Club shall ensure that evidence is submitted annually to the Council (and copy to Planning NSW) documenting rent levels charged including rent receipts.

 

6.   Any increase in rent levels as a result of the development shall be within the range specified for the boarding-house land tax exemption under Section 10Q of the Land Tax Management Act 1956.

 

7.   The building shall continue to be used exclusively for the purpose of a boarding house within the meaning of SEPP 10.

 

6.7.2    Roads & Traffic Authority

 

The following comments have been received form the Roads & Traffic Authority.

 

The RTA has no proposal that requires any part of the subject property for road purposes.

 

1.   However it is noted that there are existing improvements (stairs and low stone walls) within the Alison Road reserve fronting the development site.  The Authority therefore requires the applicant to request a Consent be issued under Sedition 138 of the Roads act for these existing improvements.   A diagram that clearly shows all improvements that the applicant proposed to retain within the road reserve should accompany this request.

 

No work should commence at the site until a section 138 Consent has been issued by the Authority

 

Subject to the above there are no objections to the development proposal on property grounds.

 

2.   All works/regulatory signposting associated with the development are to be at no cost to the Authority.

 

7.    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 subject site is zoned Residential 2C under Randwick Local Environmental Plan 1998 (LEP 1998), and contains two heritage items. 

 

The proposed development being partly for the purposes of extending the existing club facilities is prohibited in the Residential 2C zone.  The applicant is relying on the provisions of Clause 47 - Conservation Incentives to allow the use to be permissible in the 2C zone and enable Council to consider approval of the application. The application is consistent with Clause 47 and is able to proceed with an assessment of the application in terms of its compliance with the relevant development standards and merits of the proposal. The following table indicates the proposal’s compliance with the numerical controls:

 

Clause No.

Requirement

Provided

Compliance

31(2) – Landscape Area (minimum)

50%

382.1m2

18%

138m2

No*

31(3)- Landscaped Area over basements (maximum)

Not to exceed 50% of landscaped area requirement

(25% of site area)

(191.05m2)

 

22%

(84m2)

 

 

 

Yes

32(1) – FSR

0.9:1

 

1.93:1

 

No*

 33 (2)– Building Height

12m

15.3m

No*

33 (4)- External Wall Height

10m

14.5m

No*

* SEPP 1 Objection provided in support of this non-compliance.

 

7.1       Policy Controls

Development Control Plan - Parking

 

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       Clause 45 - Heritage Council Notification

 

The Interim Strategy adopted by the Heritage Council in November, 1997 sets out circumstances where the consultation requirements of REP’s and LEP’s may be assumed to be satisfied without referral to the Heritage Council. The interim strategy only applies to a development application involving demolition of a heritage item or structure that is not an item of State or Regional Significance, is not covered by an Interim or Permanent Conservation Order, and is not listed on the State Heritage Register.

 

The Heritage Items on the site are not covered by an Interim Heritage Order, are not listed on the State Heritage Register and are not of State or Regional Significance.  Further, Council has taken into account advice from suitability qualified heritage experts in the assessment of the development application in accordance with the Heritage Council’s interim strategy. As such the consultation requirements of the LEP have been satisfied.

 

8.2       Clause 47 – Conservation Incentives

 

Clause 47 of Randwick LEP 1998 states:

 

(1)    Despite any other provision in this plan, the Council may, in respect of a heritage item,         grant development consent for any purpose, but only where it is satisfied that:

 

(a)      the proposed use would not adversely affect the amenity of the locality in which the item is situated or the heritage significance of the item, and

 

(b)      the conservation of the heritage item depends on the granting of the consent.

 

(2)    When considering an application for consent to erect a building on land on which a heritage item is located, the Council may, for the purpose of determining the floor space ratio, and whether the proposed development will meet the landscaped area and parking requirements, exclude the gross floor area of the heritage item from its calculation of the  floor space ratio of the proposed development, but only where the Council is satisfied that the conservation of the heritage item depends on it making the exclusion and the amenity of the locality in which the item is located will not be adversely affected.

 

The purpose of clause 47 is to introduce incentives to encourage the conservation of heritage items.  Council has previously received legal advice wherein it is suggested that given such a worthwhile purpose the clause should be given a liberal interpretation.  Notwithstanding a liberal interpretation of the clause, Council must be satisfied that the conservation of the heritage item depends on the granting of consent for a form of development that is prohibited in the zone and is seeking relaxation of the nominated standards.  On this point the legal advise suggests that Council must be reasonably satisfied that the necessary funding for the immediate and ongoing conservation of the heritage item would not be available unless the development is allowed to proceed.  A suitable condition is included in the recommendation to ensure that the necessary conservation works are implemented in conjunction with the proposed development.

 

The applicant has submitted an economic assessment prepared by Dr. Peter Abelson of Applied Economics Pty Ltd, of four schemes for the retention of the terraces and continued operation of the Club.  The first three options would not extend or substantially modify its present premises.  Details of these schemes are as follows:

 

Scheme 1a - refurbishment of the terraces and the single storey cottage essentially within the same footprints, as 11 units.

 

Scheme 1b- refurbishment of the terraces as two single dwelling houses alongside the cottage.

 

Scheme 2  - refurbishment of the terraces and their land as 10 low cost housing units, involving the demolition of the rear wings of the terraces and construction of a new two storey house on the site of the single storey cottage.

 

The economic assessment of these three schemes concludes that none of them are financially viable.  The fourth scheme (the current proposal) generates a surplus, which would cover the refurbishment costs for the terrace houses and allow for their on going conservation. The economic analysis associated with the proposed scheme allows for an increased area of gaming and for a reduction in existing older gaming machines and the introduction of more poker multi terminal gaming machines.  The additional floor area will permit greater flexibility in the layout of machines, better utilisation of space and end overcrowding within the existing area. The economic analysis factors in an additional 40 electronic gaming machines (EGM) to be incorporated into the Club in the short to medium term. However due to the NSW governments freeze on the current numbers of EGM’s, this element of the economic analysis becomes more difficult in the short term given that the only machines that may be acquired under the terms of the current restrictions are those that originate from other licensed premises. The additional income stream from any proposed increase in EGM’s would therefore be likely to be a medium to long term factor in the financial viability of the proposed scheme. Notwithstanding, it is considered that in the short term, the improved facilities, updated EGM’s and potential new membership will ensure the feasibility of the scheme. 

 

Accordingly the application represents an appropriate and proper use of clause 47 and is able to proceed with an assessment of the application in terms of its compliance with the relevant development standards and merits of the proposal.

 

Clause 47 of RLEP 1998 also requires Council to be satisfied that the proposal will not adversely affect the amenity of the locality in which the heritage item is situated or the heritage significance of the item.  It is considered that the proposal will not adversely impact on the significance of the heritage items and that the   amenity impacts on adjoining and neighbouring residents arising from the proposal would be minimal and acceptable given the context of the site and the architectural resolution of the development.  These matters are addressed in detail below.

 

8.3       Heritage Impact & Conservation Plan

 

The Randwick Heritage Study Inventory Sheet for no. 143 Alison Road, “Rexmere” notes that the building was constructed in 1884 and is amongst the oldest surviving buildings in Alison Road.  The building has aesthetic significance and is a fine example of a type becoming increasingly rare in Randwick City.  The Sheet for no.145 Alison Road, “Hillcrest” notes that the building was constructed during the 1880s and has aesthetic significance.

 

The application has been accompanied by a Conservation Plan and Statement of Heritage Impact prepared by Jackson Teece Chesterman Willis Pty Ltd. The JTCW Conservation Plan concluded that the overall condition of the building at no.145 Alison Road is generally good, but notes some internal and external changes, including alterations and additions to the original rear wing.  The JTCW report considers that no.145 and 143 Alison Road are significant as a regionally representative example of Late Victorian period development in Randwick, associated with the earliest land grants and with Simeon Pearce, the father of Randwick.  No.145 is a fine and relatively intact example of a detached late Victorian Boom style terrace displaying many characteristics of that style and according to JTCW, the pair contribute to the remnant Late Victorian context of Randwick and the streetscape of Alison Road.

 

Clause 43(2)  of LEP 1998 requires Council when determining a development under the clause, to take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance  of the heritage item or conservation area, including an assessment of:

 

(a)    the pitch and form of the roof, if any, and

(b)    the style, size, proportion and position of the openings for windows or doors, if any, and

(c)    the colour, texture, style, size and finish of the materials to be used on the exterior of the building.

 

Council may grant consent to a development application only after it has considered a report that assesses the impact of the proposal on the heritage significance of the heritage item and its setting.

 

Council’s Heritage Planner has assessed the proposal and considers that it is generally compatible with the terraces and the streetscape, and the development to the rear of the terraces does not diminish their significance.

 

The HIA notes that the demolition of the rear services wing “results in the loss of the original characteristic terrace house footprint and form, viz. the block of principle rooms at the street frontage attached to a lower, narrower wing housing the secondary service spaces and functions at the rear”, however the visual setting of the heritage items has been diminished by the intrusive post war red brick residential flat buildings to the south, the funeral home to the east, and the dominance of the existing Labor Club building and as such are no longer perceived as sole buildings on their respective allotments. The views of these buildings from the rear now have only secondary importance.

 

In relation to the issue of curtilage, the NSW Heritage Office has previously advised that the identification of a suitable curtilage needs to be considered in the broader planning context of the applicable development standards and that reduced heritage curtilages may be acceptable where the importance aspects of the significance of the items are retained. In this regard the  site is zoned residential 2C, which allows for 3 storey multi-unit housing development.

 

Council’s Heritage Planner has advised that “ the current proposal provides a separation of around 5.8m between the new development and the rear of the remnant terraces, providing an improved outlook and increased open space.  The curtilage provision is therefore considerably improved as compared to the previous proposal”.  The proposed building is appropriately sited and does not to dominate, overwhelm or crowd the items

 

The proposed building will have a height of 3 levels above ground level significantly reducing the visibility of the new development when viewed from the public domain and minimising its perceived height in relation to the heritage items. In order to further minimise the proposal’s heritage and amenity impacts the proposal was redesigned to lower the height of the edge of the new building facing the terraces, and the proposed outward leaning screen to this edge was replaced with a growing frame. These amendments significantly improve the relationship of the new building with the existing heritage items.

 

The massing, proportions and restrained detailing of the proposed contemporary building does not compete with the architectural qualities of the heritage items.  The  upper level of the new building has been articulated in a lightweight structure and through the use of neutral materials and colour scheme  will allow this upper level to recede into the background and not draw attention away from the simple forms of the terraces.

 

Overall it is considered that the visual linkages between the heritage items and the new buildings will allow the original form of the heritage items to be interpreted and substantially retain the streetscape contribution of the items.

 

8.4       Floor Space Ratio, Bulk & Scale

 

A floor space ratio of 0.9:1 is applicable to this site pursuant to Clause 32 of Randwick Local Environmental Plan 1998. The new development has an overall floor space ratio of 1.93:1.  However clause 47 of RLEP 1998 permits the exclusion of the floor space of the heritage item from FSR calculations. If the floor area of the existing building were excluded, the overall FSR of the proposal would be reduced to 1.38:1, which does not comply with the maximum permissible floor space ratio control contained in Randwick LEP 1998The exclusion of this floor space is only allowed where the Council is satisfied that the conservation of the heritage item depends on making the exclusion and the amenity of the locality will not be adversely affected.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 32 of Randwick LEP No 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

The total floor space ratio of the proposed development in 1.93:1.  The area of the terraces once restored will be approximately 299m2 and the “new” terrace will have an area of 128 m2 . If the restored terraces are excluded the FSR of the proposed development is 1.38:1.

 

The site area is 764.2m2 and the area of the club expansion will be approximately 1051m over two floors.  This is approximately 282.7m2 over “standard” that amounts to a little over half a floor as designed in the present proposal.

 

To be useful and viable each floor in the extension of the club has to be as large as possible.  A half floor would destroy the viability of the project and would be of little use to the Club.

 

Given the location of the proposed extensions behind the terraces and adjacent to the funeral Parlour and joining the existing Club there will be little of the bulk and scale visible from most of the surrounding area and certainly not from any distance.

 

The area of additional floor space is not large and in a constrained site that is generally well screened from the wider area will have little impact.  There are minimal of any adverse effects of the proposal on surrounding properties.

 

The objective or purpose of the FSR development standard as outlined in LEP 1998 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 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 maximum permissible floor space ratio is to control the intensity, bulk and scale of the proposal. 

 

The bulk and scale of the new building when viewed from adjoining public spaces and private properties is visually compatible with surrounding buildings.  To the west of the proposed building is the existing Labor Club building which is significantly higher than the proposal and is the dominant built form in this part of the locality. To the south opposite Elizabeth Lane are three-storey multi unit housing buildings over ground level car parking which present as 4 storey buildings. The bulk and scale of the proposed building would be not be  incongruous in this setting and would represent an appropriate transition between neighbouring buildings providing for harmony and continuity in the streetscape. 

 

The facades of the new building have been designed to reduce its apparent scale  and respond to the buildings use and contextual character. The façade composition exhibits a balance of vertical and horizontal elements, which provide symmetry to the building and clearly define a base, middle and top. The proposed building would appear as a solid masonry podium with a scored and painted render finish at its lower levels.  At the upper level the building would comprise a lightweight metal framed structure with CFC cladding and curved zinc clad roof. The curved roof of the upper level and lowered height at the edge of the new building facing the terraces reduce the bulk and scale of the building and adds visual interest to the section of the building which is most visible from Alison Road. The new building also achieves articulation and modulation of the building form, which is further expressed by the combination of neutral colours, materials and finishes. The façade is articulated into different sections and gives the appearance of an assembly of individual masses reducing its visual bulk.

 

It is considered that the new building will not have an adverse impact on the amenity of adjoining and neighbouring properties in terms of solar access, privacy, and car parking.  The overshadowing impact of the proposal will mainly fall on Elizabeth Lane and the car parking areas of the properties to the south.  In terms of overlooking, the proposal has a separation of 12-15m to the nearest residential properties and has been designed with highlight windows and screening.  The car parking aspects of the development have been supported by a parking study which indicates that the additional demand generated by the proposal will be accommodated on site.

 

In view of the above it is considered that the SEPP No. 1 objection is well founded and should be supported.

 

8.5       Landscaped Area

 

Clause 31(2) of Randwick LEP 1998 requires that development other than for the purpose of a dwelling house, within the 2C zone must provide a minimum of 50% of the total site area as landscaped area.  The proposed development would provide approximately 18% of the total site area as landscaped area thereby not complying with this requirement. The applicant has submitted an objection pursuant to the provisions of SEPP 1 and has argued that strict compliance with clause 31 is unnecessary and unreasonable for the following reasons:

 

Clause 31(2) sets a standard requiring 50% of the site area to be landscaped area.  This is not achieved with the present proposal and the landscaped area in 18% with usable open space totalling 49% of the site.  It is simply not possible to achieve the standard and retain the main part of the terraces as well as adding to the Club.  A stormwater detention system is proposed to control site run off and the terraces have balconies to provide extra outdoor area.  It is likely that residents of the terraces will be Club members and able to use the full range of recreational facilities available in the Club.  In addition Alison Park is less than 200 metres away from the site.

 

The purpose of the Landscaped area requirement is as follows:

 

“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.”

 

The proposed landscaping is considered appropriate to the scale of spaces within the site and will relate sympathetically with surrounding buildings including the Heritage terraces. The introduction of a courtyard to the rear of the heritage terraces will provide for an outdoor recreation and entertainment area for the future occupants of the low income housing component and responds well to the physical constraints of the site  Further, the proposed growing frame which covers the wall of the new building facing the heritage terraces and the wall of the foyer link between the existing building and the new building will soften the appearance of the new development and improve the amenity of the courtyard.  The front yard areas of the heritage terraces will also be landscaped to enhance these areas and provide shade in summer.

 

Whilst there is a significant proportion of hard landscaping on the site, the inclusion of a stormwater detention system in the development will control urban run-off from the site.

 

Given the nature of the proposed development and its reliance on Clause 47 of the RLEP 1998, it is considered that strict compliance with the landscaped area provision is unnecessary and unreasonable under the circumstances and that the SEPP No. 1 objection is well founded.  Further, the objection can be supported on the basis that the proposed development meets the objectives of Clause 31 of the RLEP 1998 in respect to bulk, scale and amenity provision of landscaped area and character.

 

8.6       Building Height, Overshadowing and Privacy

 

Clause 33 of the Randwick LEP 1998 sets a maximum 12 metre overall height and 10 metre wall height limitation on buildings (other than a dwelling house) in the Residential 2C zone affecting the site, as measured from existing ground level. The proposed extension of the existing building would have a maximum overall height of approximately 15.3 metres which does not comply with the 12 metre overall height requirement. The proposed building has a maximum wall height of 14.5 metres resulting in non-compliance with maximum wall height requirement pursuant to clause 33(4) of Randwick LEP 1998.  The applicant has submitted an objection under State Environmental Planning Policy No. 1 - Development Standards (SEPP 1) in respect to the non compliance with the maximum permissible overall height & wall height limit and has provided the following reasons in support of the variation to the development standard.

 

The RLC is a large building just over 20 metres in height and occupying its whole site.  At the time of the approval of the application in 1971, there was a proposed railway tunnel alignment that traversed the site in about a north – south direction.  The original approved required the Club premises to be set at a level that would provide sufficient clearance to allow a station to be built below the premises.  This requirement helps explain why the Club’s parking levels are mostly above ground and in turn why the building is relatively high compared to its neighbours.

 

The consequence of this is that any extension of the Club facilities other than for parking must also be correspondingly high if they are to be viable.  In the proposal there are 2 levels of parking before the level of the first floor of the Club facilities is reached.  In this proposal the floor expansions are limited to the two middle floors only.  The top floor of the Club is not matched in the proposed expansion, although there is a proposal for an open, but screened deck area off the existing top floor of the Club.

 

If the proposed expansion of the Club was restricted to the height standard in the RLEP then only one floor over the car parking could be achieved.  This would not be a viable development and not fund the restoration and adaptive reuse of the terraces for low rental hosing.  The two storey terraces generally screen the extensions of the Club from the street and limiting the Club extensions to two floors minimise the visual impact from Alison Road and beyond.

 

The shadow diagrams reveal that the impact of the proposed extension to the Club premises is minimal with most of the shadow falling on Elizabeth Lane, driveways and parking areas.  The height over the standard has minimal if any impact on the neighbouring properties.

 

The purpose of the building heights standard as stated in Randwick LEP 1998 is;

 

" to set upper limits for the heights 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 area."

 

Moreover the underlying objectives of the height standards are to:

 

·    Minimise the impact of the development adjoining the nearby land;

·    Control the bulk and scale of development through the imposition of appropriate height limits and

·    Ensure that there is a sympathetic transition between the prevailing scale and character of existing building in the locality and new development.

 

The proposal will result in a building, which is compatible in height with neighbouring buildings and the predominant scale in buildings in the locality. As discussed previously the three storey scale of the proposed building in conjunction with the curved roof, lower height at the edge of the new building facing the terraces and central courtyard (which provides a reasonable a curtilage for the Heritage terraces) would not have overbearing impact on the heritage items. The visual impact of the proposed building from the main vantage points in Alison Road would be minimal given that it would be largely screened by the two storey terraces and Funeral Parlour building fronting Alison Road.

 

A measure as to the suitability of the development is the extent of impact to adjoining properties in terms of overshadowing and loss of privacy. The additional height of the proposal will not result in excessive overshadowing impacts to adjoining properties during the midwinter period. The north-south orientation of the site results in the main overshadowing impact of the proposed building affecting the properties across Elizabeth Lane at No.5 and No 7 Silver Street. The applicant has submitted elevational shadow diagrams, which indicate the impact on the elevation of properties immediately south of the proposal. The diagrams demonstrate that all dwellings in these buildings will maintain solar access for at least three hours per day, with most dwellings being completely unaffected by the development.

 

The height non-compliance of the development is not expected to result in significant impacts on visual and acoustic privacy for surrounding dwellings. The rear of the new building is comprised of vertical circulation with highlight windows which will have no impact in terms of privacy on surrounding residents. In relation to the rooftop terrace, acoustic coloured glass screening is being provided to protect the visual & aural privacy of surrounding residents. Further, the separation distances between the subject site and surrounding residential properties range from twelve (12) metres to fifteen (15) reducing any opportunities for overlooking of adjoining properties.

 

In relation to the privacy impacts for the occupants of the low income housing, the proposed growing frame which covers the wall of the new building facing the terraces and the wall of the foyer link between the existing building and the new building, will prevent overlooking of the courtyard area. However, the planter box below the growing frame to the foyer link should be extended to allow for plants to grow on the growing frame in this location. A suitable condition is included in the recommendation.

 

The development meets the stated and underlying objectives of the height standard. As such it is unnecessary and unreasonable to enforce the height standard in this case. It is considered that SEPP 1 objection is well founded and should be supported.

 

8.7       Car parking & Traffic  

 

Council's Development Control Plan - Parking requires that clubs provide on site parking at a rate of 1 space per 6m2 of bar, lounge, entertainment venues, restaurant, dining room, games rooms, auditoriums and disco etc plus 1 space per 3 employees.  The proposal involves an additional publicly accessible floor area of 574m2 and 12 employees generating a demand for an additional 100 on site car spaces pursuant to Council's DCP- Parking.  One additional car space is also required for the boarding house accommodation. On site car parking will increased by 29 spaces, 24 of which are over two levels in the new building.

 

The applicant has provided a report by a suitably qualified transport consultant (Transport & Traffic Planning Associates), which assesses the impacts of the proposal having regard to peak patronage, modal split and car occupancy rates.  The parking study also relies on research undertaken at a number of other club premises in the Sydney metropolitan area, which provide  validation of the analysis of likely occupancy rates and modal split applicable to the Labour Club.

 

Patronage surveys were undertaken at the Labor Club on a busy Friday and Saturday night, which indicated a maximum occupancy of 286 persons. Questionnaire surveys were also undertaken to determine patron travel mode and car occupancy rates. On the basis of this analysis the additional floor area proposed in the new club building would generate a normal peak parking demand for 27 car spaces which would be accommodated on site under the proposed development.

  

In determining the availability of on street parking spaces in the vicinity of the proposed hotel, the traffic consultant undertook parking surveys during a Friday and Saturday evening.  Within the survey area a total of 57 to 89 spaces were identified indicating a fair degree of on street capacity.

 

As such it is not considered that the proposal will overburden the parking capacity of the locality.  The layout of the proposed carpark is satisfactory and will allow for straightforward safe manoeuvring. No objection is raised to the proposed tandem spaces given that they have been dedicated as staff parking.

 

Council’s Traffic Engineer has advised that the resultant peak hour volume of approximately 30 vehicles per hour will not result any significant traffic delays in Elizabeth Lane.

 

8.8       Social Impacts 

 

The proposed hours of operation of the club will be Monday to Wednesday 10am to 11pm, Thursday to Friday 10am to 1am, Saturday 9am to 1am and Sunday 9am to 11pm. Any club, which is open late in the evening, clearly has the potential to result in a nuisance (generate noise etc), which may interfere with the amenity of residential properties, which are in close proximity to the club. Noise would especially be of concern to nearby residents at night. The predominant noise impacts associated with patrons leaving the club would include opening and closing of car doors, loud voices and the operation of engines & radios. The successful operation of a club in an area where there is a residential component requires commitment to the fulfilment as well as enforcement of all conditions and therefore a high level of management. The applicant has addressed the potential impact of noise and anti social behaviour in a plan of management for the club, which proposes a number of measures associated with operation of the premises including the employment of security staff, the formulation of a code of behaviour for patrons and a complaints management system. The plan of management also contains provisions relating to the responsible serving of  alcohol and gaming.

 

It should be noted that the provisions of the Gaming Machines Act 2001 prevents environmental planning instruments and consent authorities when granting development consents under the EP&A Act from restricting the installation, keeping or operation of gaming machines in hotels and clubs. The Act reflects the view that the NSW government is best placed to control the availability of gaming machines through a state-wide scheme.

 

Planning NSW has assessed the proposal under the requirements of SEPP 10- Retention of Low Cost Rental Accommodation and granted concurrence to the development.  The conditions imposed by Planning NSW will require the dwellings to be managed by a community housing provider and rent capped.  The proposed dwellings are adequate in size for this type of accommodation and will provide a reasonable level of amenity for their occupants.  The proposal will revive a derelict boarding house and assist in maintaining the quantity of a affordable housing stock within Randwick.

 

8.9       Randwick LEP 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 bulk, scale and general architectural treatment of the proposed development is acceptable in terms of its urban design and streetscape fit and will not detract from the aesthetic qualities of Randwick  Councils Heritage Planner is satisfied that the proposal will have a sympathetic relationship with the heritage terraces on the site.

 

Whilst the proposed development is prohibited in the Residential 2C zone and is only permissible by virtue of the conservation incentive clause, it is situated in close proximity to the Randwick Junction Commercial Centre and is compatible with the scale and uses within this Centre.  Zoning which restricts areas within a city to a homogenous land use character reduces the capacity of established urban areas to adapt and change in response to changing social and economic circumstances.  The aims and provisions of RLEP 1998 recognise the benefits of mixed-use zones in terms of enhancing the vitality of urban areas and the importance of serendipity to the urban experience by encouraging development of land within residential zones for other purposes. This approach offers far more interesting possibilities than a stultifying single use zone.

 

 

 

 

8.10     Ecological Sustainable Development

 

In line with the Local Government Amendment (Ecologically Sustainable Development) Act 1997, Council requires appropriate consideration to be given to the principles of Ecologically Sustainable Development in the assessment of development applications.

 

The proposed development will be well served by public buses along Belmore Road, Alison Road and Avoca Street linking the subject site to the CBD, Railway Square, Bondi Junction, Maroubra Junction, Clovelly and Coogee. The extension of club facilities in close proximity to established commercial areas served by good public transport linkages is not only desirable but also in keeping with an increasing trend towards the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region.  The proposal would assist in encouraging the use of public transport in line with ESD principles.

 

The proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

9.         CONCLUSION

 

Under clause 47, Council must be reasonably satisfied that the necessary funding for the immediate and ongoing conservation of the heritage item would not be available unless the development is allowed to proceed.  The applicant has demonstrated to Council that the conservation of the heritage item depends on the granting of consent for the proposed development. 

 

The proposed development will not adversely impact on the heritage terraces or detrimentally affect the amenity of the locality in which the heritage items are situated.  As such, it is considered that the proposed development represents an appropriate use of clause 47 and there is adequate justification for the relaxation of the nominated standards.

 

The SEPP 1 objections lodged with respect to the non-compliance with the floor space ratio, landscaping and height are considered to be well founded in the circumstances. The proposal will not have a significant impact on the amenity of surrounding properties in terms of visual bulk and scale, solar access, privacy and car parking.

 

The proposal achieves the increased economic viability of the subject land whilst also providing community benefit of considerable magnitude by restoring the existing terrace houses as highly graded items of local significance and reactivating the boarding house accommodation.

 

The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.        THAT the Council support the objection under State Environmental Planning Policy No.1 (SEPP No. 1) in respect to non-compliance with Clauses 31,32,33 of the Randwick Local Environmental Plan 1998 (as amended) on the grounds that the proposed use complies with the objectives of the clause and will not adversely affect the amenity of the surrounding locality and that Planning NSW be advised accordingly.

 

THAT Council as the responsible authority grant its development consent under Section 80(3) (Deferred Commencement) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA 813/2000 for alterations and additions to the existing Randwick Labor Club and construct a new 5 level building containing gaming areas, function rooms, roof terrace, car parking and restoration and adaptive reuse of the existing terraces for low income rental accommodation at 135-147 Alison Road, Randwick subject to the following conditions:-

 

Deferred Commencement Conditions

 

The consent is not to operate until the following material has been submitted to and approved by the Director Planning and Community Development, and approved by the Director of Asset and Infrastructure Services:

 

1.             The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing terrace building/s.  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 Community Development.

 

2.         Details of the proposed paint scheme are to be submitted to and approved by Council’s Director of Planning and Community Development: Unpainted surfaces, eg- brickwork/stonework are to remain unpainted.

 

3.         Amended plans showing the location of the waste storage area in the void in the ramp up from the basement carpark.

 

4.         Full structural details of how it is proposed to remove the existing wall around the void and construct a platform in the void that is suitable for housing the bottle bins, wheeled bulk bins and static compactor. It is noted that the structural details must be prepared by a suitably qualified structural engineer.

 

5.         Details of how the floor of the waste storage area is to be graded and drained to the sewer to the requirements of Sydney Water.

 

Development Consent Conditions

 

Subject to compliance with the deferred commencement condition, to the satisfaction of the Director Planning and Community Development, development consent is granted under Section 80 & 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans dated April 01, numbered AW00, AW01B, AW02.C, A03.C, AW04.C, AW05.C, AW06.C, AW07.C, AW08.C, AW09.C, AW10.C, AW11.C, AW12.C, AW13.C, AW14.B, and stamped received by Council on 6/03/02, 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.

 

2.         An extended planter box or planter boxes are to be provided below the growing frame to the wall of the foyer link between the new and existing Labor Club buildings to encourage the growth of plants on the proposed growing frame.  Amended drawings are to be submitted to and approved by Council’s Director of Planning and Community Development, 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.         An archival recording of the property shall be prepared to the satisfaction of the Director of Planning and submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  This recording shall be in accordance with the Guidelines for the preparation of archival recordings set out by the NSW Heritage Office.  Three copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library.

 

4.         The conservation policies set out in the Conservation Plan carried out by Jackson Teece Chesterman and Willis Pty Ltd, and in particular the Schedule of Conservation Works to 143 and 145 Alison Road, are to be implemented in conjunction with the proposed development.

 

5.         An architect suitably qualified and experienced in heritage conservation shall be engaged to oversee the carrying out of Conservation Works to ensure the use of technically sound and appropriate construction methods.

 

6.         A Maintenance Schedule for nos.143 and 145 Alison Road is to be prepared, as recommended by the Conservation Plan, in accordance with the information sheet on Preparing a Maintenance Plan contained in The Maintenance of Heritage Assets: A Practical Guide, prepared by the NSW Heritage Office.  The Maintenance Plan is to be submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Maintenance and repair is to be carried out on an ongoing basis, to ensure timely maintenance and repair of the heritage item.

 

7.         The external colours, materials and finishes of the proposed development shall be in accordance with the details and plans submitted to and approved by the Director of Planning and Community Development pursuant to the deferred commencement condition.

 

8.         The consumption of water within the proposed building shall be minimised by the use of triple A-rated water efficient plumbing features (taps and shower roses) and water-efficient dual flush toilets. Details of compliance are to be provided in the construction certificate.

 

9.         The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of Planning and Community Development, prior to the issuing of the construction certificate.

 

10.       The site including the allotments containing the existing Randwick Labor Club shall be consolidated into one allotment prior to the issuing of the construction certificate.

 

11.       All plumbing and drainage pipes, other than rainwater heads, gutters and downpipes, must be concealed within the building.

 

12.       Vehicular access to the car parking within the development shall be readily accessible to patrons at all times. Appropriate signage directing patrons to the carpark shall be provided to the development.  Details are to be included with the application for the construction certificate.

 

13.       The application shall enter into a head lease with Eastern Suburbs Rental Housing Association (ESRA) for the self-contained rooms in the boarding house to ensure eligible low-income tenants are accommodated within the premises.  A signed Residential Tenancy Agreement between the Club and ESRA shall be submitted to Council (and a copy to planning NSW) prior to issue of the Certificate of Occupancy.

 

14.       All dwellings proposed in the application shall be retained in rental tenure at rent levels not exceeding $175.50 per week for the non-self contained dwellings and $187.50 per week for the self contained dwellings.  Subject to negotiation with the housing provider, an eligibility list for Randwick Labour Club members could be developed.

 

15.       In the event that agreement cannot be reached with a housing organization after reasonable attempts to do so by the applicant, the applicant shall provide evidence to Council indication the names of all housing providers that have been approached and the written responses from those organizations.  If no housing organization has been found to Council’s satisfaction then Conditions 16 and 17 shall apply.

 

16.       A positive covenant shall be created unde Section 88E of the Conveyancing Act to ensure that all units proposed in the application are retained in rental tenure at rent levels not exceeding $157.50 per week for the non-self contained dwellings and $187.50 per week for the self contained dwellings subject to rent increases specified in Condition 18.  Such covenant shall not be revoked or modified without prior approval of council.  The covenant shall be submitted for Council’s approval prior to the issue of a construction certificate.

 

17.       The Labour Club shall ensure that evidence is submitted annually to the Council (and copy to Planning NSW) documenting rent levels charged including rent receipts.

 

18.       Any increase in rent levels as a result of the development shall be within the range specified for the boarding-house land tax exemption under Section 10Q of the Land Tax Management Act 1956.

 

19.       The building shall continue to be used exclusively for the purpose of a boarding house within the meaning of SEPP 10.

 

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

 

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

 

In this regard, the use of the premises and the operation of any plant or equipment on the site shall not give rise to an L10 sound pressure level which is 5dB(A) greater than the A-weighted L90 background sound pressure level, measured at any point on a residential boundary or within any residential dwelling.

 

21.       The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance.

 

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

 

22.       The use and operation of the premises shall not give rise to an environmental health or public nuisance.

 

23.       There are to be no emissions or discharges from the premises which will give rise to an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

24.       The location of the discharge point serving the car park mechanical ventilation system is to be not less than 6m from a property boundary and it must discharge vertically and satisfy the relevant provisions of the Building Code of Australia and AS 1668.

 

Details of compliance are to be provided in the plans and specifications for the construction certificate.

 

25.       The location and height of the discharge of mechanical ventilation systems are required to satisfy the relevant provisions of the Building Code of Australia and AS 1668 and details are to be provided in the relevant plans / specifications for the construction certificate.

 

26.       Emission control equipment shall be provided in the mechanical exhaust system serving the cooking appliances, to effectively minimise the emission of odours, vapours and oils.

 

Details of the proposed emission control equipment must be provided in the relevant plans and specifications for the construction certificate 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:

 

27.       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.

 

28.       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.

 

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

 

29.       A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of vibration emissions and detailing any possible damage which may occur to adjoining or nearby premises that may be caused by the proposed building, excavation and shoring works.

 

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises are to be fully complied with and incorporated into the plans and specifications for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

            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:

 

30.       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 and details of compliance are to be prepared by a suitably qualified person and be submitted to the principal certifying authority, prior to the commencement of any demolition works.

 

31.       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.

 

32.       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.

 

33.       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.

 

34.       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.

 

35.       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.

 

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

 

37.       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.

 

38.       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.

 

Upon inspection of each stage of construction, the principal certifying authority (or other suitably qualified person on behalf of the applicant) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:

 

·          Sediment control measures.

·          Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

·          Maintenance of the public place free from unauthorised materials, waste containers or other obstructions.

 

39.       All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and protected to prevent them from being dangerous to life or property. 

 

40.       Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

41.       A report prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council upon commencement of works, certifying that noise and vibration emissions from the construction of the development complies with the provisions of the Protection of the Environment Operations Act 1997, the Noise Control Manual published by the Environment Protection Authority and relevant conditions of approval.  In support of the above it is necessary to submit all relevant readings and calculations made.

 

Should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council.

 

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

 

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

 

Any damage caused to the road or footway must be repaired immediately, to the satisfaction of Council.

 

43.       A Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

·          location and construction of protective fencing / hoardings to the perimeter of the site;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          construction noise and vibration management.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain adequate levels of public health and safety.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

44.       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.

 

45.       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.

 

A soil and water management plan (SWMP) must be submitted to and approved by the principal certifying authority and implemented prior to the commencement of any site works or activities.

 

The soil and water management plan must contain a site plan, detailing:

 

·          the slope of the land

·          site access points and access control measures

·          location and type of all sediment control measures

·          location of existing vegetation, to be retained

·          material stockpile or storage areas and methods of sediment control

·          location of existing and proposed drainage systems

·          proposed disposal of site water

·          location of building operations and equipment

·          proposed re-vegetation details

 

All soil and water management measures must be maintained at all times throughout demolition, excavation, building and site works and a copy of the soil and water management plan is to be kept on-site and be made available to Council officers upon request.

 

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

 

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

 

47.       A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

48.       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

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

49.       Access, facilities and car parking for people with disabilities must be provided in accordance with Council’s development control plan for multi-unit housing and in accordance with the relevant provisions of Part D3 of the Building Code of Australia and AS1428.1, AS4299 and 2890.1. Details of the proposed access, facilities and carparking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

Security Deposit Conditions

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

 

50.       The following security deposit 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)         $2000.00         -           Security damage deposit

 

The damage deposit may be provided by way of a cash or cheque with the Council and is refundable upon the applicant advising Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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.

 

Traffic conditions/Civil Works Conditions

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

 

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

 

a)   Carry out footpath reconstruction works along the full site frontage on Alison Road in accordance with Council’s Urban Design Guidelines for Randwick.

Note: The footpath reconstruction works on Alison Road shall include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

b)   Construct a kerb and gutter for the full site frontage in Elizabeth Lane except opposite the vehicular entrance and exit points.

 

c)   Carry out a full depth, minimum 1.00 metre wide, road construction in front of the kerb and gutter along the full site frontage in Elizabeth Lane.

 

52.       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.

 

53.       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.

 

54.       The applicant shall meet the full cost to replace the ‘No Standing’ signs located in front of the club in Alison Road with ‘No Parking’ signs.

 

55.       The applicant shall meet the full cost to replace the ‘No Standing’ signs located on both sides of Elizabeth Lane (along the full length of the laneway) with ‘No Parking’ signs.

 

56.       One off street parking space shall be allocated to the residential units and shall be clearly signposted and linemarked.

 

57.       The parking spaces numbered as 8, 9, 12 and 13 on the ground floor plan shall be clearly marked as staff parking spaces.

 

58.       A work zone is to be provided in the vicinity of the proposed development (location to be determined by the Randwick Traffic Committee). The ‘workzone’ shall have a minimum length of 12 metres and the prescribed fee for the work zone must be paid to Council at least four (4) weeks prior to the commencement of building works.

 

Alignment Level Conditions

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

 

59.       The design alignment level at the property boundary for access ramps and pathways or the like in:

·          Alison Road - must match the back of the existing footpath along the full site frontage.

·          Elizabeth Lane - must be 60mm above the edge of the asphalt road at all points opposite the roadway in Elizabeth Lane.

 

Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department.

 

60.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $331 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.

 

61.       The design alignment levels issued by Council and their relationship to the roadway/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.

 

Service Authority Conditions

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

 

62.       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.

 

63.       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.

 

64.       Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

65.       Any electricity substation required for the site is to be located within the site and is to be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant is to liaise with Sydney Electricity prior to lodging the construction certificate to see if an electricity substation will be required for the development.

 

Drainage Conditions

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

 

66.       Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage (for the redeveloped section of the site) shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)         A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)         A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system.  This may involve either connection to the Council's street gutter, or into a Council stormwater pit.  Note:  All proposals should indicate the location of the closest Council stormwater pit and line regardless of the point of discharge.  This information can be obtained by a visual inspection of the area and perusing Council's drainage plans.

 

c)         Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d)         The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

e)         Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)          Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)         The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

h)         All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

67.       Onsite stormwater detention must be provided to ensure that the maximum discharge from the redeveloped portion of the site does not exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions.  All other stormwater run-off from the redeveloped portion of the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

68.       All site stormwater leaving the site must be discharged by gravity to the kerb and gutter or drainage system in either Alison Road or Elizabeth Lane.

 

69.       The applicant must provide for a detention volume of up to the 1 in 100 year, plus an additional 50% of storage volume should no overland escape route be provided for storms greater than the design storm.

 

70.       A "restriction as to user and positive covenant" shall be placed on the title of the subject prior to the issuing of an occupation certificate. Such restriction and positive covenant shall relate to the onsite stormwater detention system and shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.   The "restriction as to user and positive covenant" are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Asset and Infrastructure Services Department.

b.   The linen plans shall indicate the location and dimensions of the detention/infiltration areas. 

 

This condition is to ensure that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council.

 

71.       The detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

72.       The stormwater detention area must be suitably signposted where required, warning people of the maximum flood level.

 

73.       The floor level of all habitable and storage areas adjacent to the detention area must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

74.       A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

75.       Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

76.       A sediment/silt arrester pit must be provided:-

 

d)       within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

e)        prior to stormwater discharging into any absorption/infiltration 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.

 

77.       A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention area.

 

78.       Seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

79.       Any Absorption Trenches/Pits must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

80.       A work-as-executed plan prepared and signed by the hydraulic engineer or a registered surveyor, and approved by an accredited certifier, must be submitted to Council's Director of Asset and Infrastructure Services prior to the issuing of an occupation certificate, detailing the location of the detention basin with finished surface levels, contours at 0.2 metre intervals and volume of storage available.  The outlet pipe from the detention basin to its connection with Council's drainage system, must be indicated on this plan in conjunction with the following information:

 

a)         location

b)         pipe diameter

c)         gradient

d)         pipe material ie PVC or EW etc

e)         orifice size (if applicable)

 

81.       All drainage details for the site shall be prepared by a suitably qualified hydraulic consultant who shall, at the completion of the works, certify that the drainage works have been constructed in accordance with the approved drainage plans.

 

Landscape Conditions

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

 

82.       The drawing numbered A.03 revision B, dated Sept ‘00 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, a certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a suitably qualified landscape designer with relevant qualifications in landscape architecture or horticulture. The documentation is to include:

 

a.         A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

The plan shall clearly show the position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites which are likely to be affected by the development.

 

b.         A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

c.         A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

d.         Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

e.         Position of existing and proposed site services including water, gas, electricity, sewer, stormwater, etc.

 

f.          Sectional elevations through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

g.         All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape elevations through the site showing the existing and proposed groundlines, building elevations and mature height of proposed planting.

 

h.         Location of easements within the site and upon adjacent sites (if any).

 

The landscaping shall be installed in accordance with the approved documentation prior to the issue of an occupation certificate and shall be maintained in accordance with those plans.

 

83.       The applicant shall submit a landscape design for the Alison Road street frontage of the development in accordance with Council’s Urban Design Guidelines for Randwick Commercial Centre. The landscape design shall include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

The Landscape Design plans shall be submitted to Council in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979, and shall be approved by the Director of Asset and Infrastructure Services prior to the certifying authority issuing a construction certificate for the development.

 

The applicant shall note that the approved landscape works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property. An application for the cost of the landscape works on Council property 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 checking 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.

 

A refundable deposit in the form of cash or cheque of $2,000 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the construction of the approved landscape works along the Alison Road site frontage.

 

84.       To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

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

 

86.       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.

 

 

87.       Approval is granted for the removal of the following trees:

 

a) One Cedrus species (Cedar) located within the rear yard of No.143 Alison Road.

 

88.       The applicant shall pay for all costs associated with the transplanting of the Arecastrum romanzoffianum (Cocos Palm) to a suitable location within the Alison Road frontage of the development site.  The following additional information shall be submitted prior to the issuing of the Construction Certificate.

 

a.         A detailed report shall be submitted by a qualified person detailing the proposed method and scheduling of the transplanting works.

 

b.         A maintenance schedule detailing the aftercare that is to be undertaken once the tree is relocated.

 

Tree Protection Measures

 

89.       In order to ensure the retention of the Arecastrum romanzoffianum (Cocos Palm) located within the front yard of No.143 Alison Road 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.         Within a 2 metre radius from the tree trunk there is to be no storage of materials, nor is cement to be mixed or chemicals spilt/disposed of in the area and no stockpiling of soil or rubble.

 

Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

c.         Any excavations required for footings, structures, retaining walls, basement carparks, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 2 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.

 

90.       A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $5,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

a.         The refundable deposit will be released twelve (12) months after the issue of a final occupation certificate by the principle certifying authority providing the landscape works have been successfully implemented and maintained in accordance with the approved landscape documentation. Throughout the maintenance/bond period, the applicant shall be responsible for all routine maintenance such as grass cutting, weeding, watering, fertilising, spraying, staking and replacement of all failed plant stock.  There must be no alteration to the original design, including substitution of trees and shrubs, without the prior approval of Council.

 

b.         Any contravention of Council's landscape conditions at any time during the construction period or prior to the expiration of a period of twelve (12) months from the date a final occupation certificate is issued will result in the Council claiming all or part of the lodged security.

 

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

 

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

 

In this regard, the use of the premises and the operation of any plant or equipment on the site shall not give rise to an L10 sound pressure level which is 5dB(A) greater than the A-weighted L90 background sound pressure level, measured at any point on a residential boundary or within any residential dwelling.

 

92.       The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance.

 

93.       A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, certifying that noise and vibration emissions from the development comply with the provisions of the Protection of the Environment Operations Act 1997 and conditions of Council’s approval.

 

The following conditions are applied to ensure that adequate provisions are made for the management of waste from the development:

 

94.       Adequate provisions are to be made within the premises for the storage, collection and disposal of waste and recyclable materials.

 

A Waste Management Plan is to be submitted to Council and approved by Council’s Manager of Waste Services, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to the commencement of any works

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

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

 

95.       The use and operation of the premises shall not give rise to an environmental health nuisance to the adjoining/nearby premises or environment.

 

96.       There are to be no emissions or discharges from the premises, which will give rise to an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

97.       The location of the discharge point serving the car park mechanical ventilation system is to be not less than 6m from a property boundary and it must discharge vertically and satisfy the relevant provisions of the Building Code of Australia and AS 1668.

 

Details of compliance are to be provided in the plans and specifications for the construction certificate.

 

98.       The location and height of the discharge of mechanical ventilation systems are required to satisfy the relevant provisions of the Building Code of Australia and AS 1668 and details are to be provided in the relevant plans / specifications for the construction certificate.

 

 

The following conditions are applied to ensure compliance with the Food Act 1989 and Council’s Food Premises Code:

 

99.       The premises is to be designed and constructed in accordance with the Council’s Food Premises Code and details of compliance are to be included in the plans and specification for the construction certificate to the satisfaction of the certifying authority.

 

100.     The design and construction of food premises must comply with the following requirements, as applicable:-

 

·          The floors of kitchens, food preparation areas and the like are to be constructed of materials, which are impervious, non  slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.

·          The intersection of walls with floor and plinths is to be coved, having a minimum radius of 25mm.

·          Walls of the kitchen preparation areas and the like are to be of solid construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall to a minimum height of 2m above the floor level, to provide a smooth even surface.

·          Walls where not tiled are to be cement rendered and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

·          The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material i.e., fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material.

·          All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc…. to be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

·          Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particle board or similar material is not permitted unless laminated on all surfaces.

·          Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all door and window openings, and an electronic insect control device is to be provided within the food premises.

·          Garbage storage enclosures are to be fitted with a hose cock and the floor is to be graded and drained to an approved floor waste connected to the sewer.

·          A mechanical ventilation exhaust system hood is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, in accordance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

·          Wash hand basins being provided in convenient positions, with hot and cold water, together with a sufficient supply of soap and clean towels.  Such hot and cold water shall be supplied to the wash hand basins through an approved mixing device.

·          Ceramic tiles being provided to a height of 450mm above bench tops, wash hand basins and similar fittings.

·          A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.

·          All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keeps this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

101.     Details of proposed mechanical ventilation systems, detailing compliance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2 (including exhaust air quantities and discharge location points) are to be submitted to and approved by the certifying authority, prior to a construction certificate being issued for the subject works.

 

102.     The food premises must comply with the following requirements:-

 

·          Liquid trade waste materials are to be disposed of in accordance with the requirements of the Sydney Water, Trade Waste Department and details of compliance are to be submitted to the certifying authority prior to the commencement of works.

·          The disposal of waste materials in the domestic garbage service is not permitted.  All waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed service to serve the development are to be submitted to Council prior to occupation of the building.

·          Council is to be notified upon completion or work and prior to occupancy, to enable the premises to be inspected by Council’s Environmental Health Officer and the premises must be registered with the Council as a food premises (on an annual basis) prior to the issuing of an occupation certificate.

 

103.     Legionella control – cooling towers, humidifying systems, warm water systems, water cooling systems must be registered with the Council on an annual basis and the systems are to be maintained and certified in accordance  with the provisions of the Public Health Act, 1991.

 

The following conditions are applied to ensure adequate environmental protection.

 

104.     All hazardous or intractable wastes (including asbestos) shall be removed and disposed of in accordance with the requirements of WorkCover and the Environmental Protection Authority, and with the provisions of:

 

·          Occupational health and Safety Act 1983 (NSW)

·          Construction Safety Act 1912; Regulation 84A-J Construction Work Involving Asbestos or Asbestos Cement 1983 (NSW)

·          Occupational Health and Safety (Hazardous Substances) Regulation 1996 (NSW).

·          Occupational Health and Safety (Asbestos Removal Work) Regulation 1996 (NSW); and

            ·          Waste Minimisation and Management Act 1995 and Regulations (NSW).

 

105.     All site works shall comply with the occupational health and safety requirements of WorkCover NSW.

 

ADVISORY MATTERS:

 

A1       The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

a)   Part B1                      -       Structural provisions

b)   Clause C2.6               -       Vertical separation of openings in external walls

c)   Clause C3.2&C3.4    -       Protection of openings in external walls

d)   Clause D1.4               -       Exit travel distances

e)   Part D3                      -       Access for people with disabilities

f)    Clause D3.5               -       Car parking for people with disabilities

g)   Part E1                       -       Fire fighting equipment

h)   Part E2                       -       Smoke Hazard Management

i)    Part E3                       -       Lift Installations

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

k)   Part F4                       -       Light and ventilation

l)    Part F5                       -       Sound Transmission and Insulation

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

 

 

ATTACHMENT/S:

 

A4 configuration plans

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

KERRY KYRIACOU

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

MANAGER DEVELOPMENT ASSESSMENT

 

 

 

 


 

 

 

 

 

 



 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

17 September, 2002

FILE NO:

DA202/2002

 

PROPOSAL:

 Demolish existing dwelling and erect a new 3 storey multi unit housing development containing 3 dwellings with semi basement parking for six cars

PROPERTY:

 84 Dudley St, Coogee

WARD:

 East Ward

APPLICANT:

 Mr Neaf Ziade

 

 

 

 

 

 

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, Murray Matson and Marjery Whitehead.

 

The estimated cost of the development is $500,000.

 

The original proposal was notified to adjoining owners and ten (10) submissions were received. The applicant has submitted amended plans in order to address Council’s and the objectors concerns including proposed additional windows and alterations to eastern elevation, greater front setback on the second floor plan & lowering the overall height of the building by 400mm. The amended plans were notified and three (3) objections were received raising concerns in relation to building bulk and scale, side setbacks, loss of views, overshadowing and loss of privacy.

 

The proposal does not meet the 0.65:1 floor space ratio standard applicable to the site, being less than 700sq.m in area, under Randwick LEP1998. Objections under State Environmental Planning Policy No.1 have been submitted in this regard. The objections are considered to be well founded.

 

The recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

Approval is sought to demolish the existing dwelling house on the site and to erect a three storey multi unit housing development containing 3 x three bedroom dwellings over 3 levels, with basement parking for 6 vehicles. Pedestrian access to the development is proposed along the western side boundary of the site and vehicular access along the eastern side boundary. 

 

The proposed building is of a contemporary design, which is stepped up the site. It is to include a flat roof, deep recessed balconies, which are well-oriented for views, pergolas, the stepping of wall surfaces along the side elevations and parapet.

 

A proposed lift provides access between the car park and the three residential levels of the building. Vehicular access into the site is via a ramp from Dudley Street

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the southern side of Dudley Street, east of the intersection of Dudley and Brook Street, Coogee. The site is a regular shaped allotment with a frontage to Dudley Street of 12.19m, a depth of 35.05m, and a site area of 427.30sq.m. The site is elevated about 1m above the adjacent footpath level in Dudley Street and has a fall from rear to front of about 4.0m. The site contains a large single-storey Californian style bungalow with semi basement garage.

 

Immediately to the north on the opposite side of Dudley Road are a number of single and two storey dwelling houses and three storey flat buildings. Adjoining to rear of the site (to the south) at No. 84A Dudley Street is a four storey residential flat building with driveway access off Dudley Street, which runs along the eastern side boundary of the subject property. Adjacent to the west of the site at no 82 Dudley St, Coogee is a recently constructed three storey building. Further east of the subject site is a single storey dwelling house at 86 Dudley Street.

 

Residential development in the locality comprises mainly three storey residential flat buildings with some single and two storey housing forms interspersed.

 

4.         SITE HISTORY

 

a.   APPLICATION HISTORY

 

Prelodgement meeting was conducted on 18 December 2001 between Council officers and representatives of the applicant. The main issues of concern raised at the meeting include privacy, setbacks, loss of views, floor space ratio, landscaping and wall height.

 

On March 8, 2002 the applicant lodged a development application to demolish existing dwelling and erect a new 3 storey multi unit housing development containing 3 dwellings with semi basement parking for six cars.

 

After the lodgement of the development application, Council’s assessment officer made a site inspection and a preliminary assessment of the application. A letter was sent to the applicant on 7 May, 2002 raising issues in relation to compatibility of the architectural features and design to streetscape, privacy, view loss, FSR, wall height and setbacks.

 

The applicant has formally submitted amended plans on August 15, 2002 in response to issues raised by Council officers and objectors. The amendments proposed additional windows, alterations to eastern elevation, increased front setback on second floor & lowering the building by 400mm through additional excavation. These amended plans are the subject of this report.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised in accordance with the Local Environmental Plan 1998. On the first notification (original plans), 10 submissions were submissions received from the residents of adjoining properties. The concerns raised are summarised below: -

 

5.1       Original Objections

 

1.   J & J Henry                        1/82 Dudley St, Coogee

2.   A & K. Brann                    4/82 Dudley St, Coogee

3.   R & M Richards                 88 Dudley St, Coogee

4.   B. Klador                           31/84 A Dudley St, Coogee

5.   B & G Vincent                   2/82 Dudley St, Coogee

6.   A E. Beaumont                   33/84 A Dudley St, Coogee

7.   P. L & M.I. Sweeney         27/84 A Dudley St, Coogee

8.   J Rannard & Ass.   On behalf of 82 Dudley St, Coogee

9.   J Rowse                             18/10 Alexander St, Coogee

10. A Malouf                            3/82 Dudley St, Coogee

 

-       loss of solar access

-       setbacks

-       height

-       out of character

-       obstruction of views

-       privacy

-       overdevelopment ( bulk & scale)

-       increase noise

-       parking problem in the area

-       impact on stability of adjoining building (subsidence) and narrowness of the site.

 

5.2       Objections on the amended plan

 

On the second notification (amended plans), three submissions were received as follows:

 

1.   A and K Brann

      4/82 Dudley St,

      COOGEE 2034

 

Concerns:

 

-     Proposal significantly exceeds 0.65:1 FSR.

-     Proposed side boundary setbacks does not comply to DCP

-     Loss of view from neighbouring properties.

-     Loss of acoustic and visual privacy.

-     Inadequate provision for landscaping.

-     Overshadowing.

 

2.   Maureen Wilson

3/137 Brook St

COOGEE 2034

 

Concerns:

-     loss of views

-     loss of property value

 

3.   PL & MI Sweeney

(Occupier of  unit 27/ 84A DudleySt)

Known as - 27/10 Alexander St

COOGEE 2034

           

Concerns:

-     Maintain planting at the south east corner.

-     Privacy.

-     Increase noise level

-     Parking problems   

 

5.3       Support

 

No letter of support was received during the notification process.

 

6.         TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers and the following comments have been provided: -

 

6.1       Landscape Issues

 

“There is one Callistemon species (Bottlebrush) located within Council’s nature strip that may be affected by the proposed works. This tree is approximately 2.5 metres tall and is in reasonable health. As such this tree should be retained and protected as part of this application.”

 

6.2       Drainage Issues

 

“On-site stormwater detention is not required for this development however the stormwater discharge from the site is not to exceed 25 litres per/second for the 1 in 20 year storm.”

 

6.3       Traffic/Parking Issues

 

“The average traffic generation for the proposed residential development consisting of 3 residential units will be in the range of 12 to 15 vehicle movements per day.

 

The expected peak flow volume of approximately 2 vehicles per hour is considered low and no delays should be experienced in Dudley Street as a result of this development.

 

All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level or splayed 1.5 metre by 1.5 metre so that a driver of a stopped vehicle 2 metres behind the street boundary line can observe pedestrians up to 2 metres from the crossings. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

The internal driveway must be a minimum 3.50m wide (clear width) at all points along the driveway.”

.

 

 

6.4       Subdivision Comments

 

“The EPCD Dept is advised that the submitted EIS states that the DA also seeks to strata subdivide the proposed development (see page 14 of EIS) if this is correct conditions 36 to 39 of the following report are to be included in the issued development consent.

 

It is to be noted that no draft strata plan has been submitted and the applicant has advised that the development application for strata will be submitted at a later date. A condition of consent is to be attached that a separate application be lodge for subdivision consent. The recommended conditions 36 to 39 from Council’s Director of Asset and Infrastructure Services are not to be included should the application be approved.

 

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:

           

-     Environmental Planning and Assessment Act 1979, as amended

-     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 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

 

 

 

 

 

 

 

 

 

Clause 31(2):

50% of site area

 

Clause 31(3):

Not more than

50% (or 145m2) of the required landscaped area to be provided over podiums or excavated basement areas

50% ( 213.65m2)

 

 

47%  (100.48m2)

 

 

 

 

 

Yes

 

 

Yes.

 

 

 

 

 

32 – FSR

0.9:1 (0.65:1 for sites less than 700m2 in area)

0.90:1

No.

(SEPP 1 objection submitted.)

33 - Building Height

12m max. overall

 

 

10m max. wall height

Max. 10.1m to top of lift overrun

 

9.00m max. to top of roof parapet

Yes

 

 

Yes

 

 

 

8.1  Policy Controls
a.  Development Control Plan – Multi Unit Housing

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (how applicant has achieved performance requirements or preferred solutions)

site planning

P1 Development applications accompanied by Site Analysis Plan.

 

P2  Development sites have appropriate areas/dimensions to allow for satisfactory siting of buildings.

 

 

 

 

 

S2 Sites are of regular shape with frontages of at least 20m.

 

Complies

 

 

 

Site is regular in shape; however, frontage to Dudley Street is only 12.19m which does not comply with the preferred solution. However, the site is an infill development site with no opportunity for consolidation and redevelopment with adjoining sites. Further, the height of the proposed development has been scaled down to reduce amenity impacts on adjoining properties. The performance requirements will be satisfactorily met.

building height

P1 Heights of walls, their location and orientation do not cause substantial adverse impacts on streetscape or adjoining properties.
 
P2 Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.
 

 

Complies; the proposed building complies with the height limits under the LEP and DCP.The lift overrun which has a maximum height of 10.10m from ground level does not adversely affect the amenity of adjoining properties in terms of its bulk and scale and overshadowing impact.

 

The proposal responds to the topography, dimensions and orientation of the site and surrounding properties, and incorporates a number of features which help to reduce its apparent bulk, including:

 

·   the articulation of the external facades of the building through the provision of balconies/terraces, louvres and pergolas the stepping of wall surfaces etc.

·  a proposed combination of external colour finishes.

BUILDING SETBACKS

Front  boundary setbacks

P1 The front setback consistent with streetscape /adjoining dwelling.

 

 

 

 

 

 

Does not comply; the setback from the street frontage is inconsistent with the front setbacks of the adjoining buildings. (condition to be attached- see section 9.1.3)

 

Side boundary setbacks

P2 Side setbacks to ensure:

· Solar access maintained and overshadowing minimised.

· Privacy between adjoining dwellings and open spaces.

· Landscaping and private open space provided.

· Streetscape amenity is maintained.

 

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres. 

 

 

 

 

 

Maximum length of wall without articulation is 10 metres.

 

 

West side setback 2.346-does not comply.

 

East side setback 0.50 –0.90m. Does not comply.

 

(See Section 9.1.3).

 

 

Maximum length of unarticulated wall is 10.0m. Complies.

 

 

 

Rear Boundary Setbacks

P3 Ensure that:

· solar access and overshadowing are 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 2B

Minimum average setback 6 metres.

No part closer than 2.5 metres.

 

 

 

Maximum length of wall without articulation 10 metres.

 

Complies-Minimum setback 7.5m at all levels.

 

 

 

 

 

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  more than 25% of the Preferred Solution.

 

Complies.

DENSITY

P1 Building bulk compatible with surrounding built forms and minimises impact on nearby buildings, open spaces and the streetscape.

 

 

 

Complies; The proposed building is an infill development. The bulk and scale of the building is compatible with the predominant three-storey scale of existing development in the locality, and provides an acceptable streetscape fit.

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.

 

 

Complies; A retaining wall is proposed to the side boundary only. No front fencing proposed. 

LANDSCAPEAND OPEN SPACE

La   Landscaped Areas

P1   Areas are sufficient size allow recreational activities and substantial vegetation.

 

P2 Areas around multi-unit buildings are communal open space and not divided up for allocation to individual units.

 

S1  Minimum for landscaped area 2 metres.

Complies; Landscaped areas and terraces to the front, rear and sides of the proposed building have dimensions greater than 2.0metres.

 

 

 

Complies-No landscaped area is to be allocated to individual units within the development.

 

Private Open Space

P3    Provides privacy for its users, is readily accessible, and provides opportunities for outdoor recreation / living.

 

P4 Is located in front of the building only where setback and fence design sympathetic.

 

 

 

Complies.

 

 

 

 

Complies.

 

Flats and apartments

P6 Dwellings have direct access to courtyard, balcony,  deck or roof garden.

 

S6    Minimum area of 8m2 and a minimum dimension of 2 metres.

 

 

Complies.

 

PRIVACY

Visual Privacy

P1 Windows and balconies of main living areas are located to 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 transmission of noise.

 

 

S1 Offset, angle or screen windows with less than 10m separation . Sill level of 1.6 metres above floor level.

 

 

 

 

 

 

 

 

 

 

 

S4 Wall / floor insulation & sound consistent with

Building Code of Aust.

 

 

Complies-

 

 

 

 

 

 

Complies.

 

 

Complies.

 

 

 

 

 

Complies.

VIEW SHARING

 

P2 Development minimises effects on views and shows how view loss is minimised.

 

 

 

 

 

 

Does not Comply- The front setback of the proposed building will impact on views currently obtained from the adjoining building to the west of the site (See section 9.1.6). 

 

 

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.

 

P1.2-3 Solar access to living areas and at least 50% of principal landscaped areas of neighbouring properties is not reduced to less than 3hrs/day.

 

 

 

Complies-See report.

 

 

 

N/A

 

 

 

Complies- See 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 3.5star 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.

 

 

Complies. Each units proposed  achieve a 4.5 star Nat HERS rating.

 

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.

 

Complies; living room windows and front balconies overlook street and only front stone retaining wall is proposed to allow surveillance.

CAR

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 are provided.

 

 

Required On-site Parking

 

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

 

Visitor parking is 1 space per 4 dwellings.

 

Complies; all parking is provided at a basement level with a single entry point from the street frontage.

 

N/A as development contains less than 15 dwellings.  However, all residential levels above are accessible via a proposed lift.

 

 

Complies; two (2) storerooms and a bicycle stand are proposed at basement level where bicycles may be secured.

 

Complies- 4.5 spaces for residents and 1 space for visitor required for the proposal. Applicant proposes a total of six (6) spaces.

DRIVE-WAYS AND TURNING

AREAS

P1 Areas of driveways and manoeuvring are minimised.

 

P2 Vehicles enter/ leave in a forward direction.

 

 

P3 Driveways and access roads avoid a ‘gun barrel’ effect.

 

P4 Space between boundaries and driveways, access ways and parking spaces enables landscaping and planting.

 

 

P5 Materials and finishes are consistent.

 

 

P6  Driveway gradients safe.

 

 

 

 

S2  Vehicles enter with a single turn and leave in no more than 2 turns.

 

S3  Long driveways provide passing bays

 

 

S4  Driveways have a minimum width of 3 metres and be at least 1 metre from any side or rear fence.

 

S5  Large expanses of uncoloured concrete avoided.

 

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5 for ramps over 20m.

Complies

 

 

Complies

 

 

 

Passing bay/s not required due to short length of proposed driveway.

 

 

Does not comply;  proposed driveway is 3.50m wide and is set back 0.70m from eastern side boundary.

 

 

Complies

 

 

 

Complies.

STORAGE

P1 Accessible and separate storage for each dwelling.

S1 10sqm of storage space is provided for each dwelling. Minimum clearance height of 2.1m. At least 50% of storage space is within dwelling and is readily accessible from either the hallway or main living area. Storage facilities may be in basement areas, or attached to garages .

 

Complies- storerooms is proposed at basement level Robes are provided in at least two bedrooms of each proposed dwelling. Bedrooms other than the main bedroom 1 within each dwelling could also be utilised for storage if the occupants do not require additional bedroom accommodation.

BARRIER-FREE ACCESS

P1 Design must provide access for people with special access needs as required (foyer parking open space).

 

 

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

The requirements of AS1428.1 and AS 4299 are to be considered.

 

P3  Dwellings for people with a disability have corresponding parking space.

 

P4  Passenger lifts provide access for people with a disability to common and parking areas.

 

S1 Publicly accessible areas comply with the Building Code of Australia for access and mobility.

Not required; however, lift access and one readily accessible car space available within the basement car park.

 

 

N/A as the proposed building contains only 3 dwellings.

 

 

 

 

 

 

 

 

b.     Development Control Plan - Parking

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

 

Car Parking

a)    number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b) layout

 

 

 

 

 

 

 

 

 

Bicycle Storage

 

 

 

1.5 spaces for each three bedroom dwellings (3 x 1.5 = 4.5 spaces)

 

1space/4 dwgs for visitors (1.0 space required for 3 units)

 

TOTAL SPACES REQUIRED = 5.5 SPACES

 

As per DCP.

 

 

 

 

 

 

 

 

 

 

 

 

1space per 3 units plus 1 visitor space per 10 units

 

 

5 residential and 1 visitor space.

 

 

 

 

 

 

 

 

 

 

 

 

 

Unenclosed spaces 2.75m min.; end bay spaces 3.2m. All spaces 5.4m in length. Aisle width is 5.5m. Ramp grades 1:8 and 1:10-satisfactory.

 

 

 

Common storeroom provided for units within basement car park that may be used for bicycle storage.

 

 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Does not comply with width of spaces; Compliance with the less stringent Australian Standard is acceptable due to the limited number of car spaces within the basement car park.

 

 

Yes

 

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 LEP 1998 & Development Control Plan - Multi unit Housing

 

            9.1.1    Landscaped Area

     

Under Clause 31 of the LEP 50 % of the site area must be provided as landscaped area, of which not more than half is to be provided over podiums or excavated basement areas.

 

The proposal provides 50% of the site area as landscaped area (213.65 sqm) which satisfies the minimum requirement. Of this required landscaped area only 47% (100sqm) is proposed over the excavated basement car park. The proposal therefore complies with the landscape requirement of the LEP.

 

9.1.2    Floor Area

 

Under Clause 32 of the LEP a 0.65:1 floor space ratio (FSR) applies to development on the site, the site being less than 700sq.m in area. The purpose of the floor space 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 amenity impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.

 

The proposed development has a calculated FSR of 0.90:1 and the applicant has lodged an objection under SEPP 1 in relation to the proposal’s departure from the FSR standard. In the objection under SEPP1, the applicant submits the following:

 

In this instance, compliance with the floor space ratio development standard at Clause 32 (2) of RLEP 1998 is unnecessary and unreasonable for the following reasons:

 

(a)  The character, size, bulk, scale, height and external appearance of the proposed development is not inconsistent with that of other development in the vicinity…;

(b)  The proposed development provides the mininum landscaping and appropriate useable private and communal open space areas for future residents..;

(c)  There will be no unreasonable adverse impacts on the adjoining properties…;”

 

The purpose of the floor space 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 amenity impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.”

 

Notwithstanding the proposed significant numerical departure from the maximum FSR of 0.65:1, the proposed building is an infill development which is compatible in bulk and scale with the adjoining and other nearby buildings in the immediate streetscape, and no unreasonable adverse amenity impacts by way of overshadowing, loss of privacy will be occasioned to adjoining or nearby properties. 

 

The amended proposal is part 2 / part 3 storey in scale above natural ground level. The building has been suitably articulated to reduce the visual bulk and scale by stepping up to 3 storey well behind the front building line. It is considered that the applicant has made a reasonable attempt to break down the building mass and bulk through modulation of the building façade by the use of vertical elements and recessed balconies. The building bulk responds appropriately to the proportions of the site and allows adequate separation between the proposed development and the adjoining developments. The side setbacks from the eastern and the western boundaries does not comply with Council’s preferred solution requirements, however the Right of Way that provides vehicular access to the rear property (No 84 A Dudley) and the setbacks of the adjoining development at no 82 Dudley Street provides sufficient separation between the neighbours for privacy and solar access.

 

The proposed building bulk provides an acceptable streetscape fit and therefore the SEPP 1 objection is considered to be well founded.

 

9.1.3    Building Setbacks

 

As indicated in the Table to Section 8 above, the proposed building does not meet the preferred minimum and average setbacks from the front, eastern and western side boundaries of the property.

 

Performance requirements of the DCP include that front setbacks is to be consistent with the setback of adjoining development or the dominant setback along the street. The proposal has a front setback of 5.0 to 6.4m, which does not comply with the performance requirements of the DCP. In order to address this concern along with minimising the impact upon the adjoining premises in terms of loss of views, it is recommended that the front setback (northern elevation) of  the proposed development is be increase by 1.0 m (a mininum setback 7.305 at ground, first floor and second level) in order to reduce the impact on view loss and maintain the environmental amenity of the streetscape. In addition, the size (depth) of the front balcony is to be also reduced at ground and first floor so that it does not protrude in front of the required front building setback and is in line with the northern wall of the living rooms. Details are to be submitted to the satisfaction of the Director of Planning & Community Development prior to approval of the construction certificate.

 

In regard to the side setbacks, a separation of approximately of 5.1m is provided between the proposed development on the subject site and the adjoining eastern building due to the 3.3m wide battleaxe driveway handle for no 84 A Dudley Street. Adequate separation of approximately 6.00 to 6.5 m is also provided between the proposed development and the adjoining western building at no 82 Dudley Street.  No significant adverse impact due to the proposed side setback that would warrant refusal of the application will be occasioned to this property by way of overshadowing or loss of privacy. However, should the application be approved it is recommended that the proposed eastern building setback at ground first and second level be further increased from 0.5 – 0.9m to a minimum of at least 1.5 m from the eastern boundary in order to maintain the environmental amenity of the streetscape, allow a greater view corridor for the flat development adjoining to the rear of the site at no 84 A Dudley, and so that the new development is consistent with the side setback of adjoining properties. As a result, an adequate separation could be achieved between the proposal and the eastern adjoining property. It is to be noted that the increase in the eastern setback will also result in some slight reduction in the building bulk.

 

No significant overshadowing or loss of light will be occasioned to the adjoining rear southern properties by the proposed development, and the proposal performs satisfactorily from privacy and overlooking aspect. The performance requirements of DCP-Multi Unit Housing in relation to rear building setbacks will be satisfactorily met. 

 

9.1.4    Overshadowing and Sunlight Access

 

The shadow diagrams submitted with the application demonstrate that the solar access requirements of DCP-Multi Unit Housing will be satisfactorily met.

 

The adjoining properties to the south are elevated some 2.5 to 3.0m above the level of the subject site such that shadows cast by the proposed building do not adversely affect north facing window openings or balconies of the buildings on those properties. No sensitive private open space areas of adjoining southern properties will be affected by shadows cast by the proposed building. Shadows cast by the proposed building will affect the front paved driveway area of this southern property in the morning to midday period in winter. After 12noon shadowing to this property would be negligible.

 

The shadow diagrams and elevational shadow diagrams indicate that the performance requirement for a minimum 3 hours of sunlight to be received to at least 50% of the principal landscaped areas of adjoining properties throughout the year will be satisfactorily met.

 

9.1.5    Visual & Acoustic Privacy

 

Concerns were raised from the adjoining neighbours at no 82 & 84A Dudley St, Coogee in relation to loss of visual & acoustic privacy. It is to be noted that the main living areas to all the proposed three (3) units on the Ground floor, first and second level are orientated to the front of the building with no living room windows to the western elevation or to the rear (southern elevation). The limited size, number, the positioning and heights (high level) of openings in the western side elevations combined with the differences in levels and separation between the subject site and adjoining properties ensure that overlooking and loss of visual and acoustic privacy to adjoining properties is restricted to an acceptable level.  

 

9.1.6    Views

 

The objectors at unit 4/82 Dudley St & unit 3 / 137 Brook Street stated in their objections that the proposal would result in view loss. A site inspection from the objector’s premises was undertaken to ascertain the extent of the view loss from the proposed development.

 

In regard to the upper level unit 4 / 82 Dudley, the inspection revealed that the adjoining property currently has unrestricted / extensive north easterly townscape and distant headland / ocean views over and along the sides of the existing single storey dwelling house on the site. The view corridors along the sides of the proposed building (those views presently obtained over the roof of the existing single storey dwelling) on the subject site will obviously be reduced by the proposed development. In order to reduce the significant impact on views, it is recommended that the front setback (northern elevation) of the proposal be increase by 1.0 m to the whole foot print of the building and the size of the front balcony is to be reduced at ground and first floor so that it does not protrude in front of the building line and is in line with the northern wall of the living room. As a result of the required greater front setback, the proposed development will permit the retention of a significant portion of the primary existing views of the ocean and the headland from residents/ occupier of the building at no 82 Dudley St. No significant adverse impact is envisaged to the rear adjoining property due to the recommended increase in the front setback in terms of views, privacy and overshadowing.

 

In regard to the loss of views from no 3 / 137 Brook St, the site inspection from the objector’s property revealed that the low part two /part three storey scale of the proposed building and the distant and generally restricted nature of the views currently available will not be impacted by the proposed development. The proposal’s impacts on loss of views from this residential units is considered minor and to an acceptable level.

 

A site inspection was also undertaken from the objector’s property at unit 27/ 10 Alexander St, Coogee (the property at the rear known as no 84 A Dudley St) which revealed that some impact on views will occur from the balconies of the lower level of the flat development (those views presently obtained over the roof of the existing single storey dwelling on the subject property). However, in order to reduce the impact on view loss, it is recommended that the proposed side eastern setback be increased to a minimum of 1.5 m at ground first and second floor. Given that the reduction of the sky line view presently obtained over the roof of the existing single storey dwelling is a secondary and of a generally restricted nature, the impacts on views from the residential units in 84 A Dudley Street is considered acceptable.

 

            9.1.7    Building Design, Materials and Appearance

 

Sufficient articulation and visual interest is achieved to the building facades of the proposed building as shown in the amended plans by the proposed combination of colour finishes to the proposed external wall surfaces (‘off white” granoclassic & violet glazed brick, windows (evergreen pilkington glass), balcony balustrading and pergolas of the building, the deeply recessed balconies to the front and rear elevations, the stepping of wall surfaces along the side elevations, and the proposed parapet detailing. The visual bulk and scale of the building will be further softened by the proposed landscaping and tree plantings to the front, sides and rear of the building.

 

The proposed external materials and colour finishes of the development are considered satisfactory.

 

9.1.8    State Environmental Planning Policy No. 65 Design Quality of Residential Flat Development.

 

The applicant has submitted an urban design assessment prepared by Dr Deborah Dearing of Architectus Sydney Pty Ltd in support of the application. The assessment provides the following comments: -

 

“Dr Deborah Dearing, Director for Architectus Sydney Pty Ltd has reviewed the urban design elements of the development proposed for the site. Her comments in relation to the proposed development are included in the following discussion.

 

Relationship to Streetscape

 

The streetscape in the vicinity of the site contains a mix of pre and post war housing with no predominant built form, style, roof type, colour or materials. The street displays a number of bungalows (both Federation and California Bungalow), three (3) storey walk-up flats dating from the 1960s and 1970s and some more contemporary residential unit blocks with ground level parking. The height of buildings in Dudley Street rises from two (2) storeys to three (3) and four (4) storey developments in the vicinity of Brook and Arden Streets.

 

The building proposed for the site provides an appropriate response to the site and the characteristics of surrounding development. The proposed building provides a transition between the buildings to the south and the west. The building presents to Dudley Street as two (2) storeys as the third storey has been set well back from the façade to minimise its visibility from the street and to provide a sympathetic form when compared to the neighbouring property.

 

Elevational Treatment

 

The elevational characteristics of other buildings in the street include:

 

·          Clearly defined base, middle and top;

·          Articulated forms with elevated ground floor;

·          Generously wide verandahs;

·          Central feature windows divided into vertical panels with hood projecting beyond the façade; and

·          Typically masonry walls with some decorative panels and banding.

 

The design of the proposed building is a direct response to these characteristics. The building has a strongly articulated façade with deep balconies at the northern façade, which are oriented to provide a high degree of amenity, consistent with outdoor spaces evident in other buildings in the vicinity. The fenestration, sunshading and materials selected for the building provide visual interest and refine the scale of each of the building’s elevations.

 

Basement Car Park

 

The basement car park at the southern end of the building is entirely below natural ground level while at the street elevation it protrudes less than 1.5m from natural ground level to the slab. It is noted that the isometric drawing on DA05 incorrectly depicts the car park, as the ground level actually rises from the front to the rear of the site.

 

It is noted that the car park is built to the property boundary. However, considering that this boundary is situated adjacent to the driveway providing access to the buildings to the rear, the proposed setback is considered satisfactory. It is noted that Clause A7.1 of AMCORD states that walls built to a side boundary are acceptable where the average height is 3m or less and where its length does not exceed 50% of the boundary dimension. As the car park is well within these controls, the side setback is considered satisfactory.”

 

An assessment of the proposal in accordance with the ten design quality principles is included below.

 

Principle 1: Context

 

The overall design of the development respond and relates to the surrounding context of Dudley St. The existing character of the area is a mixture of pre-war and post-war housing with no particular style, built form rooftype, colour and material. The precincts is undergoing a transition and the proposed development will be consistent with the desired future character of the more recent 3 and 4 storey apartments over semi-submerged basement parking. The amended design of the proposed development responds appropriately to its contextual setting and allows adequate separation from the adjoining neighbours given the constraints of the isolated site. The building incorporates a high degree of articulation and architectural detailing which reinforces the architectural style and character of development in the neighbourhood centre and the area in general.

 

Principle 2: Scale

 

The bulk and scale of the development is consistent with the built form and scale of the adjoining development in the close proximity. The façade of the proposal is 2 storey above natural ground level and steps up to 3 storey well behind from the front building line in order to reduce the bulk and scale of the building. The proposed development is comparable and compatible with adjacent existing buildings along Dudley Street.

 

Principle 3: Built Form

 

The building is suitably articulated to reduce bulk. The use of vertical elements and recessed balconies further serve to modulate the building façade and create visual interest in the built form.

 

Principle 4: Density

 

The expected number of residents is appropriate for the site area and its location close to local amenities and public transport. The proposal offers additional housing choice in the form of three bedroom floor plans with generous sized rooms, terraces/balconies and common landscaped areas, and provides on-site parking in accordance with Council’s DCP Parking to minimise its impact on the availability of on street parking. Although the proposal exceeds the FSR standards applying to development on the site under the Randwick LEP, it does not represent an overdevelopment of the site and achieves the objectives of the density controls.

 

 

Principle 5: Resource, energy and water efficiency

 

The proposal provides an efficient use of resources through passive solar and natural ventilation design. The design of the development provides for the single loading of units to maximise cross ventilation and northerly orientation of living areas for solar access. A NatHERs certificate indicating an average rating of 4.5 stars for each dwelling has been provided with the proposal

 

Principle 6: Landscape

 

The applicant proposes to landscape 50% (213.65 Sq m) of the site area to enhance and contribute to the development’s natural environmental performance. Landscape plans prepared by Vision Dynamics Landscape Design have been submitted to Council indicating a wide range of ground cover planting, tall and low shrubs and screening trees. Private and communal open space is provided within the existing development sufficient to support the proposed 3 dwellings.

 

Principle 7: Amenity

 

The development provides generously proportioned indoor and outdoor spaces that will be comfortable to the user. Amendments made to the plans have reduced the potential for overlooking and loss of views between dwellings.  Dimensions and layout will appropriately control sunlight to living areas, provide natural ventilation to residential areas and maximise outdoor spaces and surveillance while maintaining privacy.

 

Principle 8: Safety and Security

 

The proposal provides a good level of safety and security. Balconies and windows provide surveillance to the street, without compromising privacy. A single pedestrian access way is proposed from Dudley Street frontage, within the western setback of the development. The pedestrian access way leads through to a series of lobby areas, which are adjoined by stairs and a lift to the residential levels of the development. The proposal is consistent with principle 8 of SEPP 65.

 

Principle 9: Social dimensions

 

The units proposed will complement the existing housing stock in the area without significantly affecting existing amenity for surrounding residents. The development has considered the social context of the site and provides a housing that meets the existing and future needs of the community. The development will support the existing businesses in the area by increasing the number of local residents. The development is consistent with principle 9.

 

Principle 10: Aesthetics

 

The proposal have been designed consistent with the surrounding built form and provide appropriate visual interest through composition of the building elements such as openings, colours, textures and materials.

 

Three-dimensional illustrations of the proposal and schedule of external finishes received on 8 March 2002 demonstrate that the building is contextually appropriate.

 

The proposal has been reviewed with regard to the design principles and is considered satisfactory with regard to the provisions of SEPP 65.

 

9.1.9    Resident Submissions

 

Most of the issues/concerns raised in submissions have been previously addressed. Outstanding issues/concerns requiring further comment are identified and addressed below.

 

-     Maintain planting at the south east corner.

 

Comment:

 

There is only one bottlebrush tree, which is in good health and located within Council’s nature strip that is worth maintaining and protecting. All the other existing tree on site are not covered by Council’s tree preservation order and may be removed. Nevertheless the applicant has proposed a number of replacement trees shown in the submitted landscape plan at the south east corner of the subject site.

 

-     inadequate provision for car parking and parking problem along Dudley Street.         

 

Comment:

 

The proposed development provides the required number of off-street car parking spaces under Council’s DCP-Parking, and the proposal is satisfactory in this regard. In addition, Council’s Director of Assets and Infrastructure has advised that “no delays should be experienced in Dudley Street as a result of this proposal”.

 

-     loss of property value                  

 

Comment:

 

No evidence has been submitted from a property valuer to confirm that the anticipated devaluation will occur. In any case, it is not considered that the proposed development will unreasonably adversely impact on the amenity of neighbouring residents, and as such it is unlikely that a loss of property value will result.

 

-           impacts on the stability of adjoining building ( subsidence)

 

Comment:

 

Should the application be approved, a dilapidation and professional engineering reports are to be submitted detailing the method of excavation in order to avoid or minimise structural damage to adjoining properties buildings. A condition of consent is to be attached to ensure that the proposed excavation is to be executed safely in accordance with appropriate professional standards and the stability of adjoining buildings are properly guarded & protected.

 

9.2       Section 94 Contributions

 

The proposal attracts contributions of $5,464.00 for open space and $2416.00 for community facilities, plus a $425 administrative charge.

 

10.       CONCLUSION

 

The proposed development satisfactorily addresses the relevant objectives and performance requirements of the DCP-Multi Unit Housing, and the SEPP 1 objection to the floor area standard of the LEP is considered to be well founded.

 

Having regard to the amendments that have been made in reduced height by 400mm, greater articulation and improved aesthetic appearance and increased front setback (to be conditioned), the application is recommended for approval. The design of the development is considered to be consistent with the principles and provisions of SEPP 65 and the proposal is appropriate to the site given the site’s isolated position, and the acceptable amenity impacts on neighbouring properties.

 

RECOMMENDATION:

 

A.        THAT the Council support the objection under State Environmental Planning Policy No. 1 (SEPP No. 1) in respect to non-compliances with Clauses 32(2) of the Randwick Local Environmental Plan 1998 (relating to floor area) on the grounds that the proposed use complies with the objective of the clause and will not adversely affect the amenity of the surrounding locality, and that Planning New South Wales be advised accordingly.

 

B.         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 DA202/2002 to Demolish existing dwelling and erect a new 3 storey multi unit housing development containing 3 dwellings with semi basement parking for six cars at 84 Dudley St, Coogee subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans prepared by Geoform Design with Drawing No. 0149 DA 01 to DA06 issue B received by Council on 15/08/2002 and the Landscape Plan numbered 1114BA1 prepared by Vision Dynamics and received by Council on 8/03/2002, and on 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 external colours, materials and finishes of the proposed development shall be in accordance with the details provided in the Colour Board submitted with the application and dated as received 8 March 2002.

 

3.         The front setback of the proposed development is be increase by 1.0 m (a mininum setback 7.305 at ground, first floor and second level) in order to reduce the impact on view loss and maintain the environmental amenity of the streetscape. In addition, the size (depth) of the front balcony is to be also reduced at ground and first floor so that it does not protrude in front of the required front building setback and is in line with the northern wall of the living rooms. Details are to be submitted to the satisfaction of the Director of Planning & Community Development Prior to approval of Construction certificate.

 

4.         The proposed eastern building setback at ground, first and second level be further increased from 0.5 – 0.9m to a mininum of at least 1.5 m from the eastern boundary in order to maintain the environmental amenity of the streetscape, allow a greater view corridor for the flat development adjoining to the rear of the site at no 84 A Dudley, and so that the new development is consistent with the side setback of adjoining properties.

 

5.         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.

 

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

 

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

 

8.         The enclosure of balconies is prohibited by this consent.

 

9.         A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

10.       Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

11.       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.

 

12.       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.

 

13.       A separate subdivision development application is to be submitted for the strata subdivision of the proposed development, as there is inadequate information to properly assess the application.

 

14.       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.

 

15.       Upon completion of the development and prior to the issuing of any strata subdivision, documentary evidence is to be submitted to the Council by the Principal Certifying Authority (or other suitably qualified person on behalf of the owner of the premises, to the satisfaction of Council) which confirms that the development has been carried out in accordance with the relevant development consent conditions.

 

16.       A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.  Application must be made through an authorised Water Servicing Co-ordinator, for details see the Sydney Water web site www.sydneywater.com.au\customer\urban\index or telephone 13 20 92.

 

            Following application a “Notice of Requirements” will be forwarded detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development or release of the linen plan, as applicable.

 

17.       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.

 

The following condition/s are applied to satisfy the increased demand for public amenities and public services:

 

18.       In accordance with Council’s Section 94 Contributions Plan effective from 2 September 1999, the following monetary contribution is to be paid to Council.

 

a)         for the provision or improvement of open space                        $5464.00

b)         for the provision or improvement of community facilities            $2416.00

c)         Administration fee         $425.00

 

The contribution must be paid in cash or by bank cheque prior to a construction certificate being issued for the proposed development, together with payment of the required Section 94 Administration Fee of $425.00.  Council’s Section 94 Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

The following conditions are applied to provide adequate provisions for parking to the development:

 

19.      Car space No.6 shall be identified as a visitor parking space. Public access to the visitor’s carparking space is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use.

 

20.      A sign legible from the street must be permanently displayed to indicate that visitor parking is available on the site and the visitor parking space must be clearly marked and accessible at all times.

 

21.      The car parking spaces and driveways must be kept clear of goods at all times and must not be used for storage purposes.

 

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

 

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

 

In this regard, the use of the premises and the operation of any plant or equipment on the site shall not give rise to an L10 sound pressure level which is 5dB(A) greater than the A-weighted L90 background sound pressure level, measured at any point on a residential boundary or within any residential dwelling.

 

The following conditions are applied to ensure that adequate provisions are made for the management of waste from the development:

 

23.       Adequate provisions are to be made within the premises for the storage, collection and disposal of waste and recyclable materials.

 

A Waste Management Plan is to be submitted to Council and approved by Council’s Manager of Waste Services, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979,prior to a construction certificate being issued for the proposed development.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

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

 

24.       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.

 

25.       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:

 

26.       A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of vibration emissions and detailing any possible damage which may occur to adjoining or nearby premises that may be caused by the proposed building, excavation and shoring works.

 

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, are to be fully complied with and incorporated into the plans and specifications for the construction certificate.

 

27.       A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, veranda’s, fences, retaining walls, swimming pools and driveways etc.) located upon all of the premises adjoining the subject site

 

The report is to be supported with photographic evidence of the status of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovestated premises, prior to the commencement of any works.

 

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:

 

28.       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.

 

29.       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 and details of compliance are to be prepared by a suitably qualified person and be submitted to the principal certifying authority, prior to the commencement of any demolition works.

 

30.       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.

 

31.       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.

 

32.       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.

 

33.       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.

 

Upon inspection of each stage of construction, the principal certifying authority (or other suitably qualified person on behalf of the applicant) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:

 

·          Sediment control measures.

·          Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

·          Maintenance of the public place free from unauthorised materials, waste containers or other obstructions.

 

34.       All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and protected to prevent them from being dangerous to life or property. 

 

35.       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.

 

36.       An Occupation Certificate must be obtained from the principal certifying authority prior to any occupation of the building work encompassed in this development consent in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

37.       In addition to the matters contained in the Environmental Planning and Assessment Regulation 2000, the following matters are to be completed in accordance with the terms and conditions of this development consent, prior to the occupation of the building:

 

a)         car parking and vehicular access

b)         landscaping

c)         stormwater drainage

d)         external finishes and materials

 

38.       A coloured works-as-executed fire services plan is to be submitted to the Council prior to occupation of the development, detailing the location of the essential fire safety measures installed within the building premises.

 

39.       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.

 

40.      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.

 

41.       Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

42.      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.

 

43.      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.

 

44.      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”.

 

45.      A Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

·          location and construction of protective fencing / hoardings to the perimeter of the site;

·        location of site storage areas/sheds/equipment;

·        location of building materials for construction;

·        provisions for public safety;

·        dust control measures;

·        site access location and construction

·        details of methods of disposal of demolition materials;

·        protective measures for tree preservation;

·        provisions for temporary sanitary facilities;

·        location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·        construction noise and vibration management.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain adequate levels of public health and safety.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

46.      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.

 

A soil and water management plan (SWMP) must be submitted to and approved by the principal certifying authority and implemented prior to the commencement of any site works or activities.

 

The soil and water management plan must contain a site plan, detailing:

 

·        the slope of the land

·        site access points and access control measures

·        location and type of all sediment control measures

·        location of existing vegetation, to be retained

·        material stockpile or storage areas and methods of sediment control

·        location of existing and proposed drainage systems

·        proposed disposal of site water

·        location of building operations and equipment

·        proposed re-vegetation details

 

All soil and water management measures must be maintained at all times throughout demolition, excavation, building and site works and a copy of the soil and water management plan is to be kept on-site and be made available to Council officers upon request.

 

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

 

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

 

48.      A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

49.      If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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.

 

If it is proposed to locate any hoardings, site fencing or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

50.      A temporary timber crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, unless access is via an existing concrete crossover.

 

51.      The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $5 million and a copy of the Insurance cover is to be provided to Council.

 

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

 

52.      The building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the B.C.A. or a smoke detection system complying with Clause 4 of Specification E2.2a of the B.C.A. or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.

 

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

 

53.       The following damage deposit requirement is 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)         $2000.00         -           Security damage deposit

 

The damage deposit may be provided by way of a cash or cheque with the Council and is refundable upon the applicant advising Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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.

 

54.       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)         $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 by Council or a Council approved subcontractor.

 

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

 

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

 

a.   Construct a concrete heavy-duty 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.

 

c.   Re-construct a kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

 

d.   Carry out a full depth, 2.00m metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

e.   Reconstruct a concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

56.       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.

 

57.       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.

 

58.       All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level or splayed 1.5 metre by 1.5 metre so that a driver of a stopped vehicle 2 metres behind the street boundary line can observe pedestrians up to 2 metres from the crossings. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

59.       The internal driveway must be a minimum 3.50m wide (clear width) at all points along the driveway.

 

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

 

60.       The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level (concrete/paved/tiled 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.

 

61.       The design alignment levels (concrete/paved/tiled level) 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.

 

62.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued 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.

 

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

 

63.       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.

 

64.       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.

 

65.       Any electricity substation required for the site is to be located within the site and is to be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant is to liaise with Sydney Electricity prior to lodging the construction certificate to see if a electricity substation will be required for the development.

 

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

 

66.       Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a.   A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b.   A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system.  This may involve either connection to the Council's street gutter, or into a Council stormwater pit.  Note:  All proposals should indicate the location of the closest Council stormwater pit and line regardless of the point of discharge.  This information can be obtained by a visual inspection of the area and perusing Council's drainage plans.

 

c.   Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d.   Proposed finished surface levels and grades of car parks, internal driveways and access aisles, which are to be, related to Council's design alignment levels.

 

e.   The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

f.    All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

67.       On-site stormwater detention is not required for this development however the stormwater discharge from the site is not to exceed 25 litres per/second for the 1 in 20 year storm. Prior to the issuing of a construction certificate the applicant is to submit hydraulic calculations to the Certifying Authority showing compliance with this requirement. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the Certifying Authority.

 

68.       Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

           

69.       All site stormwater leaving the site must be discharged by gravity to the kerb and gutter or drainage system at the front of the property.

 

70.       Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

71.       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.

 

72.       A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention area.

 

73.       A work-as-executed plan prepared and signed by the hydraulic engineer or a registered surveyor, and approved by an accredited certifier, must be submitted to Council's Director of Asset and Infrastructure Services prior to the issuing of an occupation certificate, detailing the location of the detention basin with finished surface levels, contours at 0.2 metre intervals and volume of storage available.  The outlet pipe from the detention basin to its connection with Council's drainage system, must be indicated on this plan in conjunction with the following information:

 

a)         location

b)         pipe diameter

c)         gradient

d)         pipe material ie PVC or EW etc

e)         orifice size (if applicable)

 

74.     All drainage details for the site shall be prepared by a suitably qualified hydraulic consultant who shall, at the completion of the works, certify that the drainage works have been constructed in accordance with the approved drainage plans.

 

75.     As the above site may be present within a fluctuating water table the basement carpark  or similar structures are 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).

 

76.       Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

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

 

77.       The garbage room areas will have to designed so as to be able to contain a total of 4 x 240 litre bins 2 garbage bins & 2 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

78.       The garbage storage areas are to be provided with a tap and hose and the floor is to be graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

 

79.       Prior to the credited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the additional residence/dual occupancy.

 

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

 

80.       The landscape is to be constructed as per the landscape plan, drawing number 1114BA 1 revision B.

 

81.       To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

Details of the automatic irrigation system are to be submitted to, and approved by, a certifying authority, prior to the issue of a construction certificate. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

82.       The naturestrip upon Council's footway 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. Such works shall be installed prior to the issue of the Occupation Certificate.

 

83.       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.

 

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

 

85.       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 Protection Measures

 

86.       In order to ensure the retention of the Callistemon species (Bottlebrush) located within 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 1.5 metres from the outside edge of the tree trunk.

 

c.   The tree is to be physically protected by the installation of protective fencing around the tree using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 1 metre from the outside edge of the tree trunk.

 

This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

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 stockpiling of soil or rubble, or any works listed in Point b.

 

Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

e.   Watering of the tree (within the fenced off area) three times a week for the duration of the construction period.

 

f.    The erection of signage on the fence with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

87.       A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $3,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

a.   The refundable deposit will be released twelve (12) months after the issue of a final occupation certificate by the principle certifying authority providing the landscape works have been successfully implemented and maintained in accordance with the approved landscape documentation. Throughout the maintenance/bond period, the applicant shall be responsible for all routine maintenance such as grass cutting, weeding, watering, fertilising, spraying, staking and replacement of all failed plant stock.  There must be no alteration to the original design, including substitution of trees and shrubs, without the prior approval of Council.

 

b.   Any contravention of Council's landscape conditions at any time during the construction period or prior to the expiration of a period of twelve (12) months from the date a final occupation certificate is issued will result in the Council claiming all or part of the lodged security.

 

c.   In order to organise for a final inspection for the release of the security deposit, the applicant shall contact the Town Planning Department to advise that the site is ready to be inspected. Town Planning will then organise for a final inspection to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl.GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

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

 

Advisory Conditions

 

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.

 

ADVISORY MATTERS:

 

A1.     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

a)   Part B1 -     Structural provisions

b)   Part C1 -     Fire resistance and stability

c)   Part C2 -     Compartmentation and separation

d)   Clause C3.2&C3.4      -     Protection of openings in external walls

e)   Clause D1.4      -          Exit travel distances, from the basement carpark

f)    Part E2 -     Smoke Hazard Management

g)   Part E3 -     Lift Installations

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

i)    Part F5 -     Sound Transmission and Insulation

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

A2.      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 configuration plans

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

IDALY YAP

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ENVIRONMENTAL PLANNING OFFICER  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

21 November, 2002

FILE NO:

D/670/2002

 

PROPOSAL:

 Demolish existing dwelling houses, consolidate three lots into one and construct a two storey dwelling house

PROPERTY:

 34-36 Park Avenue, Clovelly

WARD:

 North Ward

APPLICANT:

 P & L Say

 

 

 

 

 

 

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, Dominic Sullivan, Paul Tracey and is valued at $500,000.

 

The proposal is for demolition of existing dwelling houses on site and construction of a two-storey dwelling house including consolidation of the three allotments into one lot. The original proposal was notified to adjoining property owners and nine (9) submissions were received. The applicant submitted amended plans in order to address Council’s and the objectors concerns including new rear setbacks of 14.5m, new front setbacks of 3.0 - 5.5m, stepped profile of garage to allow view sharing, deletion of void over family room and raising of sill heights to the southern elevation windows. 

 

The amended plans were renotified and six objections were received raising concerns about the setbacks, loss of privacy, loss of views, height and visual bulk.

 

The assessment indicates that the proposed development generally satisfies the relevant provisions of the Randwick Local Environmental Plan (RLEP) 1998 and relevant preferred solutions or performance criteria of Development Control Plan Dwelling Houses and Attached Dual Occupancies.

 

The recommendation is for approval of the amended application subject to conditions.

 

2.         THE PROPOSAL

 

The proposal is for demolition of existing dwelling houses on site and construction of a two-storey dwelling house including consolidation of the three allotments into one lot.

 

At ground floor, it is proposed to include a double garage, rumpus, dining, kitchen, family room, laundry, stair, swimming pool and spa. The first floor comprises of living, four bedrooms, balconies, ensuite, bathroom, storage, study and a toilet.

 

The building design is contemporary with an elongated footprint, which replicates the shape of the allotment. It incorporates bagged painted double and veneer brickwork and weatherboard cladded walls, colour bond metal deck roof and timber framed windows. 

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

Currently existing on the subject site is two single semi-detached dwellings and a separate single garage with access from Park Street. The site is located on the western side of Park Street and has a frontage of 13.61m, a depth of 41.89m and a total site area of 538.80 sq m. The area is characterised by single and two storey attached and freestanding dwellings. The site has a fall of approximately 0.69m from the northern side boundary to the southern side boundary). 

 

The area is located within the Foreshore Scenic Protection Area and in close proximity to Clovelly Bay. Some of the properties have views of the ocean and of Clovelly Bay. 

 

4.         SITE HISTORY

 

a.   APPLICATION HISTORY

 

A prelodgement meeting was conducted on 9 April 2002 between Council officers and representatives of the applicant. The main issues of concerns raised at the meeting include impact on views of the properties to the north, compatibility with Foreshore Scenic Protection Area, front building line, consistency with the streetscape character of the area, garage, reduced height, overshadowing and privacy.

 

On July 12, 2002, the applicant lodged a development application to demolish existing dwelling houses, consolidate three lots into one, and construct a new two storey dwelling house.

 

On 1 October 2002, the applicant submitted amended plans to address Council’s and the objectors concerns including, increased setbacks, stepped profile of garage, deletion of void area and change to window sizes. The amended plans submitted to Council are the subject of this report.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. On the first notification (original plans), nine (9) submissions (two of which are from the same property owners) were received from the following residents of adjoining properties: -

 

1. G & L O’Sullivan     -93 Boundary St, Clovelly

2. B & D. Pollock        -38 Park St, Clovelly

3. K & J Mc Mah        -95 Boundary St, Clovelly.

4. E. M. Walker           -21 Blackwood Ave, Clovelly

5. M & J. Kelly            -19 Blackwood Ave, Clovelly

6. V & J Williams         -32 Park St, Clovelly

7. H. Wirth                   -40 Park St, Clovelly

 

The concerns raised are summarised below.

 

-     Overshadowing

-     Loss of privacy

-     Impact on views

-     Out of character

-     Loss of light and air

-     Height

-     FSR (bulk)

-     Proximity of the pool

-     Incorrect details

-     Garage

-     Setbacks

-     Protection of pine tree

 

On the second notification (amended plans), six (6) submissions (two of which are from the representatives of the objectors) were received as follows:

 

1. B & D Pollock – 38 Park St, Clovelly

 

·      Loss of views

·      Garage setback

·      Streetscape character

·      Site setback

 

2. P. Sharpe – On behalf of 38 Park Street, Coogee.

 

·      Sitting / setback

·      Height

·      Privacy

·      Loss of views

·      Length of proposal

 

3. L. O’Sullivan – 93 Boundary Street, Clovelly.

 

·      Loss of views

 

4. Anthony Betras – On behalf of 93 Boundary St, Coogee.

 

·      Loss of views

·      Visual bulk

·      Privacy

 

5. K & J Mc Mah – 95 Boundary Street, Coogee.

 

·      Loss of views

·      Loss of privacy.

 

6. V & J Williams – 32 Park Street, Coogee

 

·      Sitting / Setbacks

·      Amended shadow diagrams

 

5.2       Support

 

No letters of support were received during the notification process. 

 

 

 

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       Engineering Issues

 

As the above site may be present within a fluctuating water table and/or affected by the movement of seepage water any structures that are below natural ground level may need to be suitably tanked and waterproofed.”

 

6.2       Landscape Issues

 

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

 

1.     One specimen of Schinus molle (Pepper Tree) located on the adjoining property to the south (no.32 Park Street) and close to the boundary of the site. This tree is in the order of approximately 8 metres in height appears to be in good condition and is covered by Council’s Tree Preservation Order. This tree is to be retained as part of this application and tree protection measures will be required during construction.

 

2.     One specimen of Eucalyptus species (Gum Tree) located on the adjoining property to the south (no.32 Park Street) and close to the boundary of the site. This tree is in the order of approximately 5-6 metres in height appears to be in average condition and is covered by Council’s Tree Preservation Order. This tree is to be retained as part of this application and tree protection measures will be required during construction.

 

3.     One specimen of Lophostemon confertus (Brush box) located on the adjoining property to the south (no.32 Park Street) and close to the boundary of the site. This tree is in the order of approximately 6m in height appears to be in average condition and is covered by Council’s Tree Preservation Order. This tree is to be retained as part of this application and tree protection measures will be required during construction.

 

4.     One specimen of Pinus species (Pine Tree) located towards the eastern part of the rear of the site (no. 36 Park Street). This tree is in the order of approximately 5-6m in height appears to be in good condition and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree.

 

5.     One specimen of Eucalyptus species (Gum Tree) located along the southern boundary of the rear of the site (no. 34 Park Street). This tree is in the order of 6m in height appears to be in average condition and is covered by Council’s Tree Preservation Order. The plans show the retention of this tree and as such should be retained as part of this application.

 

6.     One specimen of Araucaria heterophylla (Norfolk Island Pine) located towards the rear of the site. This tree is in the order of approximately 6-8m in height appears to be in good condition and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree subject to one replacement (not palm) located within the site.

 

7.     One specimen of Ulmus parvifolia (Chinese Elm) located on the adjoining property to the north and close to the boundary of the site. This tree is in excess of 6 metres in height appears to be in good condition and is covered by Council’s Tree Preservation Order. This tree is to be retained and protection measures will be required during construction.

 

8.     One street tree specimen of Banksia species (Banksia) located towards the front of the site along Council’s nature strip. This tree is in the order of approximately 3 metres in height appears to be in good condition and is not covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree, subject to one replacement within Council’s nature strip.”

           

Should the application be approved, Council’s Asset and Infrastructure Department have recommended twenty two (22) conditions of consent and one (1) advisory condition. 

 

7.         MASTER PLANNING REQUIREMENTS

 

The site is less than 4000m2 in area, therefore a Master Plan is not required for this application.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

Local Environmental Plan 1998

 

(a)  Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2 (a) under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.

 
Clause 29 – Foreshore Scenic Protection Area
 
The site is located within the foreshore scenic protection area.  The provisions of Clause 29 have been considered and it is assessed that the proposed development will not adversely impact upon the foreshore.  To ensure that the colours are compatible, a condition has been recommended that the colours and materials be approved by Council prior to the release of the construction certificate. 

 

8.1       Policy Controls

a.     Development Control Plan No. Dwelling Houses and Attached Dual Occupancies.

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements or preferred solution).

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.

 

S2  Private open space

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

Complies (3.5 stars proposed)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

No – see section 9.1.7

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

Complies

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.

 

Complies (54% of the total site area)

 

 

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

>300 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

Preferred solution = 0.54:1.

Proposed =0.60:1

Does not comply with preferred solutions.

(See Section 9.1.2)

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.

Proposed – 7.00m

Complies

 

 

N/A

 

 

 

Complies

 

 

Complies

 

 

Complies

 

 

Complies

 

 

 

 

N/A – not a semi-detached dwelling

 

 

 

 

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.

 

 

 

Complies

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

Complies

 

 

 

No - 0.9m  proposed

(See Section 9.1.4)

 

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.

 

Complies

 

 

 

 

 

 

Complies.

 

 

 

 

 

Complies

 

 

 

 

 

Complies

 

 

 

Complies

 

 

Complies

 

 

 

Complies

 

 

Complies

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 access ways 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.

 

 

 

 

Complies

 

 

 

Complies

 

 

 

 

 

Complies

 

 

 

 

 

N/A

 

 

 

Complies

 

 

 

 

 

No -43% of frontage.

(See Section 9.1.8)

 

 

 

 

 

 

 

 

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

 

 

Complies

 

 

 

N/A

 

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.

 

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.

 

The site contains the minimum 25m2 usable private open space and minimum dimensions of 3m x 4m. The proposed development complies with the 20% soft landscaping requirement and the 40% landscape requirement of the preferred solutions of the DCP. 

 

9.1.2    Floor Space Ratio

 

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 0.54:1 applies.  The proposed FSR of the development is 0.60:1. The proposal would not comply with the preferred solutions of the DCP, as an extra 32.33 square metres of usable area is proposed over the maximum permitted

 

In order to address Council’s and objector’s concerns in relation to bulk and scale of the development, the applicant has submitted amended plans to delete the void area of level 2 above the living room (on the original plan) and reduce the length of the building from 28.5m to 24.3m. Such modification to the design of the development is considered to be a reasonable attempt to reduce the bulk and scale of the development. In addition, a site inspection revealed that there are a number of dwellings within the locality which have been recently constructed that are similar in bulk to the proposed development.

 

In considering the proposed deviation of the preferred solutions of the DCP, the  front setback of the first floor from the front building line of the dwelling assists in reducing bulk. Furthermore, impacts on adjoining property owners can be further minimised, in particular, a condition of consent should be attached that the southern side setback for the upper level living room and balcony are to be increased from 0.9m to the preferred solution of 1.5m. Such condition will assist in reducing the overall bulk and scale as well as overshadowing impacts to adjoining neighbours. 

 

It is considered that with the imposition of the recommended conditions, the proposed development will satisfy the performance requirements and the objectives of the DCP in relation to FSR. The variation proposed to the FSR preferred solution is considered satisfactory in this regard as it will not unduly impact on the amenity of the immediate adjoining premises in terms of overshadowing and privacy. 

 

9.1.3    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 verandas, 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 side boundary.

 

The proposed external wall height satisfies the preferred solutions of the DCP. 

 

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 proposed 0.9 to 5.10m upper level setbacks to the northern elevation is considered satisfactory as no amenity impact will occur to adjoining neighbours and to building occupants in term of adequate access to sunlight, daylight and fresh air. It is to be noted that this side setback will be consistent to the side setback of the adjoining northern development at no 38 Park Street.  However, as discussed above in the report, should consent be granted the upper level southern side setback of 0.9m is to be increased to a minimum of 1.5m for the formal living room and front balcony, in order to reduce building bulk and overshadowing impact to adjoining neighbours.

 

Subject to the recommended condition to be attached, it is considered that the performance requirements of the DCP will be met in terms of ensuring adequate access to sunlight, daylight and fresh air to building occupants and neighbours.

 

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.

 

Concerns are raised from the adjoining premises that the proposed swimming pool to the northern boundary of the site will result in noise and visual privacy impacts. It is suggested by the objector that the swimming pool setbacks be consistent with Council side setback of 0.9m. Given that the subject property is at a lower ground level than the neighbouring properties, it is considered that the proposed pool will not have an unreasonable effect on neighbours’ privacy.

 

It is also suggested by the objector that a separation of at least 9 metres be provided between the proposed front balcony and the adjoining front balcony at 38 Park Road. There is approximately 3.5 m separation proposed between the two balconies. Given that the balconies are situated to the front of the property and overlook Park Street, it is considered that no unreasonable impact is likely to occur onto the privacy between the proposed development and adjoining neighbours.

 

9.1.6  Views 

 

Concerns are raised from objectors that the proposal would result in view loss.  A site inspection from the adjoining properties and the subject site was undertaken to ascertain the extent of the view loss from the proposed development. The site inspection revealed that the proposed development would result in view loss to the objectors who are located in Boundary Street and the adjoining property at No 38 Park Street. The proposed height of the building will comply with the preferred solution of 7 metres and in conjunction with the low roof form substantially mitigates the loss of views for these properties.

 

The properties along Park Street and Boundary Street don’t receive primary ocean views.  They are sited some distance from the coast and as such only receive distant ocean views with foreground views being of roofs and rear open space of adjoining residences.  No. 38 Park Street is a two storey dwelling on a small allotment that abuts Boundary Street.  It is quite disadvantaged by such a restricted allotment.  The subject site has a wide frontage and a long depth that abuts several properties along Boundary Street.  The proposal has been pulled back from the rear boundary to reduce impacts on these properties.  Unfortunately even a traditional first floor addition to the existing semis will affect No. 38 Park Street and create some view loss.  The proposal has been setback to enable the front balcony (off the living room) to No. 38 Park to retain some distant views.  The height of the proposal complies with the preferred solution in the DCP standard and it has been articulated and staggered in order to create greater physical separation and space between the two properties.

                                                     

Concerns are also raised that views will be lost from the upper front living and dining room windows of no 38 Park St should the upper level front balcony be enclosed with an external retractable roller blind. Should approval be granted, it is recommended that the external retractable roller blind be deleted. 

 

Council’s DCP requires consideration be given to view sharing and it is considered that with the imposition of the recommended condition of consent, impacts on view loss are reduced and minimised to an acceptable level.

 

9.1.7    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 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.  

 

It should be noted that amendment to the DCP has been adopted which replace the performance requirement that 3 hours of sunlight be available over at least part of the surface of the adjoining premises between 9.00am to 3.00pm with the following;

 

“The design and siting of new buildings, alterations and additions to existing buildings and landscaping minimises loss of solar access to neighbouring properties.  Solar access is to be maximised to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings”

 

The shadow diagrams submitted by the applicant indicate that the proposed development will permit 3 hours of sunlight over the private open space of the adjoining southern premises between 9.00am and 3.00pm on June 21.  In regard to the north facing habitable room windows of the adjoining southern premises (particularly at no 32 Park street), three hours of sunlight over part of the surfaces between 9.00 am and 3.00 pm on 21 June will not be achieved. The proposed building will result in an increase in overshadowing of adjoining buildings, however, considering the orientation of the site and that the length / depth of the building has been reduced from 28.5 to 24.30m as indicated on the amended plans, the proposed development will not result in significant overshadowing. The extent of overshadowing to the adjoining property south of the site would be further improved a greater southern side setback of 1.5m be provided. The development is considered satisfactory in relation to the DCP solar access requirements.  

 

9.1.8    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

 

It is proposed to demolish the existing garage and incorporate a double garage into the building setback at 3.om from the front boundary and 0.9m from the side boundary. The proposal does not satisfy the preferred solution requirement that at least 1.0m setback is to be provided from the side boundary. The proposed driveway has also a width of 5.90m, occupying around 43% of the width of the site. The proposal will not satisfy the preferred solution that driveways, car parking spaces and car parking structures do not occupy more that 35% of the width of the site. 

 

Given the fact that rear access to the property is unavailable and Council’s DCP requires 2 car parking spaces for a dwelling with 3 or more bedrooms, the proposal is considered acceptable. It is considered that the proposal is an adequate response to the constraints posed by the site and will not set a precedent for further inappropriate on-site car parking.

 

9.1.9    Out of character

 

The proposal is for a modern contemporary building, which will be compatible with other infill development approved recently in the close proximity of the area. Park Street streetscape is mixed in terms of architectural styles and urban form. Park Street comprises of a mixed of single storey detached dwellings, semi-detached dwellings and contemporary double storey dwelling houses. The locality does not predominantly conform to one architectural style but is supported by a variety of designs and styles of varying scale size, bulk and height.

 

Sufficient articulation and visual interest is achieved to the building facades of the proposed building by the combination of finishes and materials to the wall surfaces, windows and balconies. Subject to reduction to height and increased side setbacks, the visual bulk and scale of the building will be compatible and will not be excessive in comparison to the adjoining surrounding built form.

 

The subject property is in a Foreshore Scenic Protection Area where height and aesthetic appearance of the development in relation to the foreshore are major considerations. The proposed development is considered sympathetic with the scenic visual quality of the Foreshore Scenic Protection Area and streetscape in terms of its proposed scale, bulk, height and appearance. It incorporates a flat roof design in order to reduce the possible adverse impacts on adjoining properties and provides ample landscape area (as required by the DCP) for future residents of the building. The proposal is considered compatible with the appearance of the existing building in the immediate vicinity, and will enhance the aesthetic appearance of ocean foreshore areas.

 

A condition has been recommended that the colours and materials be approved by Council prior to the release of the construction certificate.

 

10.       CONCLUSION

 

The proposed development has been assessed in accordance with Council’s Development Control Plan for Dwelling Houses and Attached Dual Occupancies and Randwick Local Environmental Plan 1998. 

 

In relation to overshadowing, the additions will result in some additional overshadowing to the adjoining property at No. 38 Park Street, however this impact is not unreasonable given the orientation of the site and the proposal’s compliance with the height limit. Whilst there will be some amount of view loss for the neighbouring properties to the north, the proposal does not selfishly take away views and is reasonable in the circumstances.

 

The proposal, as amended, satisfies the relevant assessment criteria and may be approved subject to appropriate conditions set out herein

 

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 D/670/2002 for dDemolish existing dwelling houses, consolidate three lots into one and construct a two storey dwelling house at 34-36 Park Avenue, Clovelly subject to the following conditions: -

 

1.         The development must be implemented substantially in accordance with the amended plans comprising of four (4) sheets numbered A865/DA02, DA03, DA01, DA06 dated 26.09.2002 prepared by Farnan Finlay Architects, received by Council on 1 October 2002, 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 driveway for the double garage is to be splayed so that the width of the driveway is no greater than 3.0m at the front boundary in order to maintain the amenity of the streetscape.

 

3.         The colours, materials and finishes of the walls and roof material are required to be compatible with the external surfaces of adjoining developments to maintain the integrity and amenity of the building and the streetscape. 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 Community Development prior to a construction certificate being issued for the development).     

 

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

 

7.         The upper level southern side setback is to be increased from 0.9m to a minimum of 1.5m for the formal living room and balcony in order to reduce building bulk and overshadowing impact to adjoining neighbours.

 

8.         The external retractable roller blind for the front upper level balconies is to be deleted in order to retain ocean views available from the upper level living areas of the adjoining property at No. 38 Park Street. Details of compliance are to be provided in the construction certificate plans.

 

The following group of conditions have been applied to ensure that adequate provisions are made for vehicular access, parking and public infrastructure:

 

9.        All crossings, repairs and ancillary works on the footway and roadway are to be carried out by the Council and the cost borne by the applicant.  A statement, prepared by the applicant or owner of the premises is to be obtained and submitted to the Council, detailing the condition and status of the roadway, footway, vehicular crossings, nature strip and public place adjacent to the premises, prior to the commencement of any works on the site and also upon completion of the works.

 

The statement is to include details of any existing damage to the roadway, footway, vehicular crossing, nature strip or public place prior to the commencement of works and details of any damage caused to the roadway, footway, vehicular crossings, nature strip or public place, as a result of the works or any associated building activities, for assessment and determination by 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:

 

10.       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.

 

11.       External paths and ground surfaces are to be graded and drained away from the building and adjoining premises in such a manner so as not to result in the entry of water into a building, or cause a nuisance or damage to the adjoining premises.

 

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

 

12.       There are to be no emissions or discharges from the premises, which will give rise to an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

15.       A Certificate of Adequacy prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to occupation of the building, certifying the structural adequacy of the building and that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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:

 

16.       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.

 

17.       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.

 

18.       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.

 

19.       All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and protected to prevent them from being dangerous to life or property. 

 

20.       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.

 

21.       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.

 

22.       A Registered Surveyors 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 that the building has been constructed at the approved levels.

 

23.       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.

 

24.      The use of any rock excavation machinery or any mechanical pile drivers is restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Friday inclusive and from 8.00am to 1.00pm on Saturday, to minimise the noise levels during construction and loss of  amenity to nearby residents.

 

25.       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.

 

26.       Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

27.      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.

 

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

 

29.       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.

     

30.       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.

 

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

 

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

 

32.       A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

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 hoarding or 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). Hoardings or fences are to have a minimum height of 1.8 metres and be constructed of solid plywood sheeting (painted white) or of cyclone wire fencing with geotextile fabric attached to the inside of the fence, to provide dust control.

 

Hoardings 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.

 

34.       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.

 

35.       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.

 

36.       An Occupation Certificate must be obtained from the principal certifying authority prior to any occupation of the building work encompassed in this development consent in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

37.    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 ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

38.      Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitled “Policy Statement No.9.4.1: Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitled “Cardio Pulmonary Resuscitation” published by the Australian Resuscitation Council.

 

39.      Swimming pools are to be designed and installed in accordance with the following general requirements:-

 

·          Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation.

 

·          All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises.

 

·          Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

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

 

40.       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)         $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 by Council or a Council approved subcontractor.

 

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

 

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

 

a)       Construct 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.

 

c)       Reconstruct the Council footpath along the full site frontage (Note: this is so as to meet Council’s issued alignment levels of match top of kerb level along the full site frontage)

 

42.       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.

 

43.       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

 

44.       The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

·    Match the existing top of the kerb at all points opposite the kerb, along the full site frontage.

 

(Note Council proposes to raise the Council footpath to this level so as to allow satisfactory stormwater discharge to Park St opposite the site frontage and improve pedestrian access/movement along and to the site)

 

Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department on 9399 0923.

 

The design alignment level at the property boundary must be strictly adhered to:

 

45.       The design alignment levels (concrete/paved/tiled level) 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.

 

46.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $240.00 calculated at $17.60 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

47.       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 the footpath reconstruction at this location.

 

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

 

48.       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.

 

49.       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:

 

50.       As the above site may be present within a fluctuating water table and/or affected by the movement of seepage water any structures that are below natural ground level may need to be suitably tanked and waterproofed.

 

51.       All site stormwater is to be discharged by gravity to the kerb and gutter through a sediment/silt arrester pit. 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.

 

Note: Council’s footpath (75mm thick) along the site frontage is to be raised to match the existing top of  kerb level. This should allow the site stormwater to drain to the kerb.

 

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

 

52.       The applicant shall provide Council with a survey plan of the property prior to receiving Lot Consolidation approval.

 

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

 

53.       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 a final Occupation Certificate.

 

54.       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.

 

55.       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, the Principal Certifying Authority, prior to the issue of the Construction Certificate.

 

Tree Management

 

56.       The applicant shall submit a total payment of $785.00 to Council,

 

a.         Being the cost for Council to remove the existing street tree specimen of Banksia species (Banksia) ($280.00), and

 

b.         Being the cost for Council to supply and install 1 x 25 litre street tree at the completion of all works ($85.00), and

 

c.         To compensate Council for the loss of amenity caused by the removal of the street tree ($420.00).

 

The contribution shall be paid into Account Number 43459939 Activity Code R36 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.

 

57.       Approval is granted for the removal of the following trees subject to the planting of 1 x 75 litre broad canopied replacement tree (not palm) within the site. The species selected shall be one that will attain a minimum height of 6 metres at maturity.

 

a)   One specimen of Araucaria heterophylla (Norfolk Island Pine) located towards the rear of the site (no. 36 Park Street).

 

b)   One specimen of Pinus species (Pine Tree) located towards the eastern part of the rear of the site (no. 36 Park Street).

 

58.       Permission is granted for the removal of only those trees falling within the area occupied by the approved works. Removal of the remaining trees on the site is subject to separate application under the Tree Preservation Order.

 

59.       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 dripline/s of the subject tree/s.

 

60.       Permission is granted for the selective pruning of overhanging branches from the Ulmus parvifolia (Chinese Elm) tree located on the adjoining property. 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.’

 

Tree Protection Measures

 

61.       In order to ensure the retention of the Schinus molle (Pepper Tree), Eucalyptus species (Gum Tree) and the Lophostemon confertus (Brushbox) located on the adjoining property to the south (no.32 Park Street), and the Ulmus parvifolia (Chinese Elm) located on the adjoining property to the north 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 specimens with the position of the tree trunks and full diameter of the tree canopies clearly shown on all drawings.

 

b.   Any excavations required for footings, structures, retaining walls, basement carparks, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 3 metres of the tree trunks 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.

 

c.   A refundable deposit in the form of cash or cheque of $2470.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the trees in accordance with the requirements described in this condition.

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

            1

 

Ulmus parvifolia (Chinese Elm)

 

   $1300.00

 

            1

 

Schinus molle (Pepper Tree)

 

   $1170.00

 

 

 

TOTAL

 

   $2470.00

 

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 twelve (12) months from 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 and the trees have been retained in good health.

 

Any contravention of Council's conditions relating to the trees 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 Conditions

 

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 configuration plans

 

 

 

 

 

 

…………………………..

 

 

 

………………………………

SIMA TRUUVERT

IDALY YAP

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

21 November, 2002

FILE NO:

D/0333/2002

 

PROPOSAL:

 Construct a new dwelling house

PROPERTY:

 15 Inman Street,  MAROUBRA

WARD:

 Central Ward

APPLICANT:

 Michael and Sharon Scarcella

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to Committee for consideration by Councillors Andrews, Bastic, White, Matson, Greenwood and Whitehead.

 

The applicant is seeking approval to demolish the existing single storey dwelling house and construct a two storey dwelling house with a double garage.

 

The proposal is generally consistent with the overall intentions and objectives of Councils DCP for Dwelling Houses and Attached Dual Occupancies and the proposal is in keeping with the character and built form of neighbouring properties and houses in the locality.  A minor amendment to the design occurred to help retain some views for the adjoining property at No. 17 Inman Street.

 

The application is recommended for approval subject to conditions of consent.

 

2.         THE PROPOSAL

 

The proposed development involves demolishing the existing single storey dwelling house and constructing a two storey dwelling house.  The ground floor level comprises of a double garage, 2 bedrooms, games room, laundry and bathroom.  At the first floor level the development includes one main bedroom, study, living, dining areas including a east facing terrace off the living room.

 

The overall design of the house is modern with external finishes including western red cedar windows, timber fascias, rendered walls and a skillion roof to be constructed of corrugated iron.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Inman Street between Torrington Road to the west and Banks Street to the east.  The site is a rectangular shaped allotment with a frontage of 15.24m to Inman Street and depth of 22.63m, having a total site area of approximately 345m5.

 

Currently on site exists a single storey freestanding dwelling with a standard pitched roof.

 

Development in the immediate locality is characterised by a variety of dwelling houses constructed in a variety of architectural styles and types.  It has become common for most properties in the vicinity to be redeveloped into large contemporary two storey dwelling houses.  To the west at No.17 Inman Street is a two storey dwelling and to the east the subject site is bounded by dwelling houses that front Banks Street.

 

4.         SITE HISTORY

 

DA 133/84 – Approval for alterations and additions. Granted on 1 January, 1984.

 

 

5.         COMMUNITY CONSULTATION:

 

The proposal was notified  to adjoining residences in accordance with Randwick Local Environmental Plan 1998.

 

5.1       Objections

 

The following submissions were received with respect to the application.

 

Ms. Helen Green, 3 Banks Street, Maroubra:

 

●    Privacy and overlooking concerns

●    Height, side setbacks, design and the FSR controls are contravened under the DCP for Dwelling Houses and Attached Dual Occupancy.

 

The owner of No. 3 Banks Street is concerned about the potential for overlooking and closeness (setback) of the northern wall of the subject development.  In respect to side setbacks the development complies, however suggestions were made by No. 3 Banks Street to help further reduce the potential for overlooking including the following:

 

a)    Increasing the height of the northern boundary fence by including lattice screening to a height of 2.5m.

 

A 2.5m high side boundary wall will be quite visible when travelling both up and down Inman Street and considering the streetscape is quite open and exposed the side boundary a 2m high fence is considered satisfactory.

 

b)    The north facing window at Bedroom 2 to the rear at the ground floor shall be required to be sited 1.5m from ground level.  This shall be conditioned and is a minor alteration.

 

c)    The bathroom window at the first floor shall be sited 1.5m above the floor level or be constructed of opaque glass.  The applicant has mended the plan to include this in the design.

 

No. 3 Banks Street also suggests amendments to the first floor level along the northern side including.

 

d)    Relocation of the first floor balcony to face the street (east) rather than north.  This is agreed and it is proposed to relocate and reorientate this terrace to face the street.  More details are included in Section 9 in relation to this matter.

 

These conditions will further reduce any potential for overlooking and will address concerns raised by both No. 1 and No. 3 Banks Street.  The height, floor space ratio (FSR) and side setback issues have been addressed in greater detail in Section 9 of this report.

 

 

Mr & Mrs Kachel, No. 17 Inman Street:

 

·      Exceeds the Floor Space Ratio.

·      Floor setback doesn’t comply should be setback a further 600mm in line with No. 17 Inman Street.

·      Loss of solar access.

·      Side setbacks are tow close to boundary of No. 17 Inman Street.

·      Loss of views.

·      Roof design out of character with the street.

 

In respect to floor space ratio, assessment of this issue is dealt with in greater detail in Section 9 of this report.

 

The applicant has reset the building back a further 500mm from Inman Street, which will make the dwelling, sit in line with No. 17 Inman Street.  It must also be considered that the existing dwelling is only setback 3m from the street and if a traditional first floor addition was proposed, it would likely to have a more detrimental impact to No. 17. The proposed front setback is considered satisfactory.  Although some views from first floor windows of No. 17 Inman Street will be lost, the house has a balcony at the front at the first floor, which will retain ocean views.  The side setbacks of the proposal comply with the DCP at the ground and first floor level.  The height of the proposal complies with the 7m external wall height.

 

Ms. L. Bulock – No. 36 Torrington Road

 

·      loss of views

·      too large for the subject site.

 

No. 36 Torrington Road is sited higher than the subject property and will be able to still gain views over and above the building.  The proposed overall height of No. 15 will be lower than the adjoining house at No. 17 Inman, which is sited on higher ground and has two storeys with a traditional pitch roof while the proposed development will have a skillion roof reducing height, amenity impacts and visible bulk.

 

S. Kahwati – No. 1 Bank Street:

 

·      overlooking from the terrace

·      ground floor setback too close

·      over the FSR and height

 

The dwelling complies with the height control in the DCP.  Although there is non compliance with the FSR the contravention is considered to be very minor and is discussed in greater detail in Section 9 of this report.  The ground and first floor setbacks along the northern side of the site comply with the minimum requirements.  Currently the two properties along Banks Street (No.s 1 & 3) border subject site have fairly spacious rear yards since they are orientated to the north with direct ocean views.  There is therefore great physical separation between the buildings.  It is recognised that the proposed northern facing balcony is considered large and inappropriate in this location which would contribute to some overlooking.  The balcony has been designed to capitalise on ocean views, however will cause amenity impacts and it is recommended  by way of a condition on consent that the balcony shall be reorientated to face Inman Street and resemble the siting and location of most balconies along Inman Street.  The applicant by way of changing some window sizes and locations has addressed the main privacy concerns raised by No. 1 Banks Street.  These are discussed in more detail in Section 9 of this report.

 

5.2       Support

 

No letters of support 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       Director Asset and Infrastructure Services

 

Landscape Comments

 

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

 

7.         MASTER PLANNING REQUIREMENTS

 

The site is less than 4,000m2 in area and as such is not subject to any master planning requirements under LEP 98. The site is not subject to the provisions of any current master plan in the assessment of this application.

 

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 2(a) 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:-

 

Clause 29 - Foreshore Scenic Protection

 

The site is located in a Foreshore Scenic Protection Area (FSPA). The development is located a considerable distance from the foreshore and will largely be obscured from the foreshore by existing topography, vegetation and development. The proposal is of a height and scale which is consistent with the existing buildings on the elevated southern side of Lurline Bay and the sloping topography.

 

The proposal is considered satisfactory with regard to foreshore scenic protection.

 

(b)        SEPP 55

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated when determining development applications. Notwithstanding that site investigations have not been carried out, the current and previous longstanding use of the site for residential purposes would substantially reduce the possibility of contamination.

 

It is considered reasonable to assume that the site would not be contaminated, or in need of remediation pursuant to SEPP 55 and that the site is suitable for continued residential use.

 

8.1       Policy Controls

 

§ Dwelling Houses and Attached Dual Occupancies Development Control Plan (2000)

§ Development Control Plan Parking (1998)

 

a.   Dwelling Houses and Attached Dual Occupancies Development Control Plan (2000)

 

The proposal has been assessed against the preferred solutions and performance criteria in the Dwelling Houses DCP. A summary of compliance with the preferred solutions is provided below. Where the preferred solutions are not met, a discussion of the adequacy of the development in relation to the relevant performance criteria has been provided in Section 9 of this report.

 

Control

Preferred Solution

Provided

Compliance

NatHERS Rating

Certificate from an accredited certifier with min 3.5 Stars

min 3.5 stars

Yes, will also be conditioned.

Solar Access – Subject site

3hrs to portion of nth facing windows 9-3 midwinter

3hrs (+)

Yes

Solar Access – Neighbouring Properties

3hrs to portion of P.O.S

9-3 midwinter

3hrs (+)

Yes

Landscaped Area

min 40% of the site area

41%

approx 142m2

Yes

Private Open Space

25m2 min usable open space

(3 x 4m2)

front yard  45m2

back yard  79m2

Yes

Yes

Soft Landscaping

min 20% of the site area

 

backyard (lawn)

= 79m2

Yes

FSR

Site Area (M2)

300-450

0.6:1

(207m2)

0.63:1

(218m2)

No

Max external wall height

7m

6.6m

Yes

Front setback

In line with adjoining dwellings.

Existing house = 3m.

Proposed  

 house   = 4.9m.

Yes

Rear setback

Min 4.5m

Existing    = 6.2m.

Proposed  = 4.5m.

Yes

Side Setback

North

G

1st Floor

South

G

1st Floor

900mm

1.5

 

900mm

1.5m.

 

 

 

2.0-4.5m

1.5-4.0m

 

1.0-1.5m

1.5m

 

 

 

Yes

Yes

 

Yes

Yes

Habitable windows closer than 9m

Offset 45° and obscure glazing. Sill height of 1.5m

<9m

No/yes

(partial)

Habitable rooms

At least one window over looking the street

Windows off  the living room & games room face the street

Yes

Car parking spaces dimensions

5.5mx2.5m

5.5m x 5.5m

Yes

Driveway width

Min 3m

max 3m at boundary

5m

5m

Yes

No

Driveway, garages, carports etc areas

Max 35% of the width of the site

32%

Yes

Fences - street frontage

Max height 1.8m

Min 50% open

max 1.66m

Yes/No

 

 

Discussion of the compliance of the development with the DCP – Dwelling Houses and Attached Dual Occupancy is provided in section 9 of this report.

 

b.   Development Control Plan Parking (1998)

 

Parking rates and layout requirements for dwellings have generally been incorporated in the Dwelling Houses DCP. As indicated in the table, the proposal complies with the number of spaces required. Council’s Traffic and Parking Engineer has commented on the proposal and is satisfied that it meets the requirements of Council’s DCP Parking, subject to conditions of consent.

 

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       Desired Future Character

 

Inman Street has a mixed building typology.  The existing single storey dwelling house is one of very few left in the street and immediate locality. The trend has become to build large, spacious two storey contemporary dwelling houses, which aim to provide for a more modern lifestyle and capture ocean views from upper levels.  Alternatively some smaller semi-detached homes have opted for first floor extensions.  The majority of the street comprises of two storey residences built in a range of contemporary styles.

 

The development is of a consistent scale with the surrounding dwellings and relates to the topography of the site.  The design of the proposal has considered the bulk, scale and massing of other neighbouring residences and will make a positive contribution to the streetscape subject to the inclusion of conditions that will minimise the potential for negative amenity impacts (ie. privacy).

 

9.2       Solar Access and Energy Efficiency

 

With regard to solar access, the proposal meets the requirements of the DCP maintaining at least 3 hours of mid winter solar access per day to windows and private open space of surrounding properties.

 

The proposal is considered acceptable in relation to solar access and energy efficiency.

 

9.3       Landscaping and private open space

 

The development provides about 42% of the site area as landscaping.  This exceeds the preferred solution under the DCP of 40% over 20% of the site comprises of soft landscaped area which also means the development meets the private open space preferred solutions for both dimensions and location under the DCP.

 

The performance requirements for landscaping are to establish minimum dimensions for open space to provide amenity for occupants, to retain existing planting wherever possible and to maximise opportunities for water penetration through non- hardstand area.

 

The development allows for adequate amounts of passive open space at the front and rear of the building.

 

9.4       Floor Space

 

The proposed development has a floor space ratio 0:63:1 (218m2) which exceeds the preferred solution under the DCP for a development on the site, being 0:6:1 (207m2) by 11m2The objective of the floor space control is to ensure developments are not excessive in bulk and scale and are compatible with the existing character of the locality.

 

The degree of non-compliance being 11 m2 is considered to be minor in the overall scheme of the development and equates to approximately 5%.  The building is consistent with the bulk, mass and scale of immediately adjoining dwellings.  In fact visually the dwelling has been designed to reduce visual bulk and scale by staggering building walls such as setting parts of the living room walls in from the side boundaries.  The skillion roof reduces bulk and creates a lighter and more modest structure, since the neighbourhood generally comprises of much more substantial and spacious homes many with expansive sub-basement areas.

 

The additional floor area of the proposal will not have a significant impact on surrounding properties with regard to solar access, maintaining the minimum requirements under Council’s preferred solution within the DCP.

 

The development is considered satisfactory with regard to floor area, bulk and scale,

 

9.5       Height, Form and Materials

 

The preferred solution in relation to height is that any external wall height of a dwelling house should not exceed 7m.  The original application had a varying external wall height of 5.63m at the lowest point and no greater than 7m.  On the 10th September the applicant amended the plans to further reduce the height of the building by 500mm.  At the highest point the external wall height will be approximately 6.6m and below the 7m requirement.

 

The roof form is a skillion which is considered to be an appropriate form as opposed to a gable or hipped roof since it reduces amenity impacts such as overshadowing and reduces visual bulk and scale and allows for neighbouring properties to retain the most prominent ocean views.

 

The dwelling relates well to the topography, the resultant height being consistent with adjoining properties.

 

The development is contemporary in design and will generally be constructed of rendered walls, corrugated metal roof, glass bricks and cedar windows.  The materials are modern and suit the context of the site being situated near the coast.  Staggering some building walls creates visual interest especially to the north elevation reducing bulk, and creating some relief.  The design of the development is in keeping with the mixed diversity in design expressed in this locality.

 

9.6       Building Setback

 

The original proposed had a front setback from Inman Street of 4.3m to the ground floor games room and first floor terrace and living room and 4.8m to the garage on the ground floor and kitchen at the first floor.  No. 17 Inman Street is a two storey dwelling with the main living areas facing the front of the dwelling included is a long terrace/balcony at the first floor facing Inman Street.  There is one window along the northern side of the house at the first floor that has extensive views above the existing single storey dwelling at No. 15 Inman.  Unfortunately views will be lost from this window by any first floor addition that occurs at No. 15 Inman Street.  However, the applicant has amended the design to set the building back a further 500mm from the front boundary.  The setback of 4.9 to 5.3m will allow the neighbouring property to retain a little more view from that window.  This scenario is much better than a simple, traditional first floor addition built above the existing single storey dwelling since the effect of view loss would be much greater since the current dwelling is setback a mere 3m.  The proposed front setback creates more space at the front of the property, retains some improved amenity for the neighbouring property at No. 17 Inman and will result in the house being setback a little further back than the neighbouring property but also maintains general streetscape consistency.

 

The proposed rear setback of 4m – 5m is considered to be satisfactory and consistent with the character of the immediate locality. Side setbacks vary with a setback between 925mm to 1.525m along the south elevation at ground floor and 1.525m at the first floor level.  Along the northern elevation the proposal has a setback at the ground floor of between 2 – 4.5m, and 2m at the first floor level.  The side setbacks comply with the minimum requirements stipulated in the DCP.

 

9.7       Visual and Acoustic Privacy

 

Along the southern elevation at both the ground and first floor level the dwelling has been designed to minimise the number of windows.  At the first floor there are 3 windows and glass blocks proposed to the kitchen, reducing the potential for overlooking from these areas.  Along the northern elevation there are more windows especially at the first floor level including a terrace since ocean views are captured from this aspect.  Glass bricks are proposed along the stairway. A condition will ensure these are obscurely glazed.  There is a window to the study at the first floor, however, this being a secondary room it is unlikely it will be utilised heavily and with the existing extensive screen planting and vegetation along the rear of No. 6 Bank Street provides for little potential to overlook the rear of that property. Other privacy impacts have been discussed in Section 5 of this report.  The applicant has amended the plans to address some concerns but some further conditions will be imposed to reduce impacts and adequately address neighbouring concerns.

 

The main issue in relation to privacy is the location, size and siting of the first floor terrace.  Considering the orientation of the subject property it is understandable that the applicant has sited the terrace along this side to capture ocean views.  Unlike most properties the unusual configuration of the site allows a great degree of physical separation between properties No. 1 and 3 Banks Street and the subject site since the neighbouring properties have their backyards facing the subject site.  Despite the ample separation, the terrace does promote a useable outdoor area that will overlook the near private open space of these properties.  It is recommended that the terrace be redesigned and reconfigured to face Inman Street. 

 

A condition is included in the recommendation requiring the terrace to be redesigned to front Inman Street and the living area to be extended adjacent to the stairway with windows along this elevation sited 1.5m above the floor level.  This amendment won’t impact on floor space and will allow a spacious and useable terrace that will obtain views yet minimise overlooking onto adjacent properties.

 

9.8       Safety and Security

 

The development meets the requirements of the DCP with regard to safety and security. The development provides living and dining areas with outlook to the street. Low planting is provided to the dwelling entry to ensure surveillance and outlook to the street.

 

The development meets the safety and security requirements of Council’s Dwelling Houses and Attached Dual Occupancy DCP.

 

9.10     Parking

 

The development meets Council’s requirements with regard to parking provision. The driveway width and setback meets Council’s requirements. Council’s Traffic Engineer is satisfied with the car parking arrangements.

 

10.       CONCLUSION

 

It is considered that the proposed building is appropriate on the site given the desired future character of the area and foreshore and the objectives contained within the RLEP98 and the Dwelling Houses DCP. The development proposes a building envelope, height and façade treatment that generally meets the criteria and fulfils these objectives.

 

The proposal will not have a significant impact on surrounding properties and the non-compliances with policy controls will not exacerbate impacts. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80(3) (Deferred Commencement) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/333/02 for construction a new dwelling house at 15 Inman Street, Maroubra subject to the following conditions:-

 

Deferred Commencement Conditions

 

1.         The first floor terrace along the northern elevation shall be reorientated and redesigned to face Inman Street.  In order to relocate this balcony the living area shall be extended north.  There shall be no change in existing front or side setbacks and the balcony shall not be increased in size.  Sliding doors along the north shall be replaced with some windows, which should be located 1.5m above the floor level. Details are to be to the satisfaction of the Director of Planning and Community Development prior to issuing the Construction Certificate.

 

Development Consent Conditions

 

Subject to compliance with the deferred commencement condition, to the satisfaction of the Director Planning and Community Development, development consent is granted under Section 80 & 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans numbered DA01 to DA09, dated 15 April 2002 and received by Council on 16 April 2002 and on the application form and on any supporting information received with the application and the amendments dated 10 September 2002, and except as further amended by the following conditions and as may be shown in red on the attached plans.

 

Security Deposit Conditions

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

 

2.         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)         $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 by Council or a Council approved subcontractor.

 

Traffic conditions/Civil Works Conditions

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

 

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

 

a)   Construct 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.

 

4.         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.

 

5.         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.

 

Alignment Level Conditions

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

 

6.         The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

·    50mm above the top of the kerb level 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 on 9399 0923.

 

The design alignment level at the property boundary must be strictly adhered to.

 

7.         The design alignment levels (concrete/paved/tiled level) 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.

 

8.         The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $251.00 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.

 

9.         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.

 

Service Authority Conditions

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

 

10.       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.

 

11.       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.

 

Drainage Conditions

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

 

12.       All site stormwater which is discharged into an infiltration/absorption tank and/or to Council’s kerb and gutter must be taken through a sediment/silt arrester pit. 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.

 

Landscape Conditions

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

 

13.       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 'ANL Organic Garden Mix', and re-turfed with Kikuyu turf. Such works shall be completed at the applicants expense prior to the issue of the Occupation Certificate.

 

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.

 

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:

 

14.       The northern side boundary fence shall be heightened by the inclusion of lattice screening to a height of 2m.  Details to be included with the application to a construction certificate.

 

15.       The north facing window to bedroom No.2 at the ground floor shall be located a minimum of 1.5m from the ground floor level.

 

16.       The windows along the northern elevation at the first floor level to the WC and the study shall be raised to 1.5m above ground level.  Details to be included with the application to a construction certificate.

 

17.       Any proposed front fence shall have a minimum height of 1.5m and be 50% open to comply with the open nature of the streetscape. Details are to be submitted to and approved by the Director of Planning and Community Devepoment prior to issuing the Construction Certificate.

 

18.       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 and Community Development, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979  prior to commencement of any building works.

 

19.       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.

 

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:

 

20.       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 Community Development 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:

 

21.       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.

 

22.       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:

 

23.       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:

 

24.       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.

 

25.       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.

 

26.       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.

 

27.       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.

 

28.       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.

 

29.       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:

 

Prior to construction of the footings or first completed floor slab (prior to the pouring of concrete), showing the area of the land, building and boundary setbacks.

 

30.       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 construction at the approved levels.

 

31.       Prior to construction of the proposed building proposed,  showing the land, building and boundary setbacks and verifying that the building is being constructed at the approved levels.

 

(Setbacks at completion)

32.       On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks.

 

(Setbacks and levels, at completion)

33.       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.

 

34.       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.

 

35.       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

 

36.       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.

 

37.       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.

 

38.       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.

 

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

 

39.       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.

 

ADVISORY MATTERS:

 

A1       The applicant is advised that the Construction Certificate plans and specifications must comply with the provisions of the Building Code of Australia (BCA) – Housing Provisions.

 

In this regard, the development consent plans do not show compliance with a number of the deemed-to-satisfy provisions of the BCA, including:

 

a)     Part 3.1          -   Site preparation

b)     Part 3.2          -   Footings and slabs

c)     Part 3.3          -   Masonry construction

d)     Part 3.4          -   Framing (floors, walls and roofs)

e)     Part 3.5          -   Roof and wall cladding

f)      Part 3.6          -   Glazing

g)     Part 3.7          -   Fire safety

h)     Part 3.7.1       -   Fire separation

i)      Part 3.7.2       -   Smoke alarms

j)      Part 3.7.3       -   Heating appliances

k)     Part 3.8          -   Health and amenity

l)      Part 3.8.2       -   Room heights

m)    Part 3.8.3       -   Facilities

n)     Part 3.8.4       -   Natural and artificial lighting

o)     Part 3.8.5       -   Ventilation requirements

p)     Part 3.8.6       -   Sound insulation

q)     Part 3.9          -   Safe movement and access

r)      Part 3.9.2       -   Balustrades, design, location and height

s)     Part 3.11        -   Structural design manuals

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

A2       The applicant is advised that the development consent plans do not indicate compliance with the deemed-to-satisfy provisions of the Building Code of Australia and compliance may necessitate variations to the development consent plans.  In this regard, any variations, which alter the configuration, size, for, layout or design of the building, may necessitate an amendment to the development consent (or a new development application), and Council’s Building Surveyor or an Accredited Certifier should be consulted prior to the lodgement of an application for a Construction Certificate.

 

A3.      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 configuration plans

 

 

 

 

 

 

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SIMA TRUUVERT

LARISSA OZOG

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

CO-ORDINATOR ASSESSMENTS