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

 

 

3rd September 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, 10TH SEPTEMBER, 2002 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING AND PLANNING COMMITTEE MEETING HELD ON TUESDAY, 13 TH AUGUST, 2002.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                        

DEVELOPMENT APPLICATION REPORT - 19 BOND STREET, MAROUBRA.

2

 

5.2                        

DEVELOPMENT APPLICATION REPORT - 239 CLOVELLY ROAD, CLOVELLY.

12

 

 

5.3                        

DEVELOPMENT APPLICATION REPORT - 47-51 PERRY STREET, MATRAVILLE.

28

 

5.4                        

DEVELOPMENT APPLICATION REPORT - 17 HUGHES AVENUE, MAROUBRA.

38

 

5.5                        

DEVELOPMENT APPLICATION REPORT - 1609 ANZAC PARADE, LA PEROUSE.

58

 

5.6                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 63/2002 - 2 - 4 FRANCES STREET, RANDWICK.

74

 

 

6           Miscellaneous

 

6.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 62/2002 - DELEGATION OF CERTAIN HERITAGE COUNCIL FUNCTIONS TO LOCAL COUNCILS AND HERITAGE ACT AMENDMENTS.

174

 

 

7           General Business

 

8           Motions Pursuant to Notice

 

9           Notice of Rescission Motions

 

 

 

…..……………………….

GENERAL MANAGER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

29 August, 2002

FILE NO:

D/524/02

 

PROPOSAL:

 Alterations and first floor extension to the existing semi-detached dwelling, including 2 bedrooms and a bathroom.

PROPERTY:

 19 Bond Street,  MAROUBRA

WARD:

 Central Ward

APPLICANT:

 Kevin Thomas Design and Construction Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Committee as the owner of the subject site is currently employed by Randwick City Council.

 

The applicant is seeking approval to construct additions and alterations, including 2 bedrooms and a bathroom to the exiting semi-detached dwelling at 19 Bond Street, Maroubra.

 

The proposal generally complies with Council’s numeric controls and meets the objectives of the Dwelling Houses DCP. The proposal is satisfactory with regard to the provision of a second storey to the existing semi-detached dwelling, including its integration with the streetscape and the adjoining semi-detached dwelling.

 

This report recommends that Council approve the application for the additions and alterations of 19 Bond Street, Maroubra subject to conditions of consent.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to construct a first floor extension and alterations including 2 bedrooms and a bathroom to the existing semi detached dwelling.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

Development in the locality is characterised by a mix of residential uses, particularly dwelling houses containing a variety of mostly older architectural styles. To the east of the site is the adjoining semi-detached dwelling and further to this, two 3 storey residential flat buildings. To the west of the site is a two storey dwelling and to the north across Bond Street is a further mix of residential development.

 

The subject property is located on the southern side of Bond Street, south of Bellevue Street, Maroubra. The site has a frontage of 7.57m to Bond Street and contains a total area of 411.51m². It is a long rectangular shaped allotment.

 

Currently existing on the site is a 2 storey semi-detached dwelling with associated carport at the front of the site. There is a pergola located in the rear yard behind the existing dwelling as well an aviary on the eastern boundary and a garden shed on the southern boundary.

 

4.    SITE HISTORY

 

The following Development Consent has been previously issued and approved on the subject property:-

 

86/00098/DZ First Floor Additions approved

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified on 12 June 2002 and referred to the Health and Building Committee in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

21 Bond Street

 

-           Support the application and may have submitted a joint application with 19 Bond Street, if construction of a swimming pool in the rear yard of this site did not take place.

 

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  Manager of Building Services

 

The Manager of Building Services provides the following comments in relation to the subject application:

 

-   BCA classification

 

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

Dwelling – Class 1a

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

7.1  Randwick Local Environmental Plan 1998

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. There are no relevant statutory standards with which the proposed development should achieve compliance.

 

7.2 Policy Controls

 

Development Control Plan Dwelling Houses and Attached Dual Occupancies 2000 (Dwelling Houses and Attached Dual Occupancies DCP)

 

7    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.

 

7.1 Height, Form and Materials

 

The relevant objectives for this section of the RDCP include:

 

§ To encourage the design of scale and appearance in keeping with the streetscape and neighbourhood character and desired future character,

§ To ensure design reflects the opportunities and constraints presented by the site, and

§ To ensure development preserves or enhances the special qualities of individual sites.

 

The DCP also indicates that the second storey of semi-detached dwellings should integrate with the streetscape and the adjoining semi-detached dwelling. On this basis, careful consideration has been given to existing roof forms in the street, the topography of the streetscape and the nature of the development on the adjoining properties.

 

The dwelling adjoining the site on the western boundary contains two storeys and a large roof space. The roof has a steep pitch and large gable ends which face towards the side boundaries rather than the street.  Next dwelling in a westerly direction is also two storeys in height and contains a prominent roof form dominated by two large gables.

 

To the east, the adjoining semi is two storeys in height and has a pitched roof form.  The lower level contains a garage, which is located underneath the dwelling, resulting in the two-storey appearance from the street.  Despite containing an equal number of floors as the subject dwelling, the topography of the street is such that the lower level of the subject dwelling is at the same height as the upper level of the adjoining semi-detached dwelling.

 

The existing high front fence high fence and carport on the northern elevation of the subject site are also different in form and appearance from the street presentation of the adjoining semi.  The combination of these factors means that there is no particular symmetry created between the two semi-detached dwellings.  They present as separate domiciles to the street and are different in form, colour, construction and function.

 

The additions and alterations will add a small amount of bulk to the front (northern elevation) of the semi-detached dwelling, however, as described, the dwellings are not symmetrical and the resultant form will be consistent with the stepping and varied nature of roof forms in the street.

 

The bulk from the east and south elevations will not increase as the proposal places the additions on the northern portion of the dwelling, allowing the adjoining developments to the west to maintain views to Maroubra beach.

 

The proposal meets the P2 requirements for the use of materials, colours and decorative elements, and is consistent with the existing dwelling and the streetscape. The scheme proposes a timber façade and tiled roof, which mirrors the existing first floor addition as well as the roof.

 

7.2 Building Setbacks

 

The proposed setbacks do not meet the requirements set out in S3 of the Preferred Solutions, with the first floor addition to be setback 900mm from the western boundary, rather than the required 1.5m. This non-compliance is not considered significant, as it is inline with the existing first storey and will not create significant overshadowing of the adjoining dwellings. The only area to be affected by overshadowing is the roof of the existing dwelling on the western boundary.

 

7.3 Landscaping

 

A minimum of 40% landscaping and an additional 20% soft landscaping is provided on the site and these requirements will not change as a result of the proposal. The proposed development complies with these preferred solutions.

 

7.4 Floor Area

 

A maximum floor space ratio (FSR) of 0.6:1 is allowable on the site, as the total site area exceeds 300m2. The proposed development will increase the floor area by resulting in an overall FSR of 0.39:1, which complies with the preferred solution.

 

7.5 Visual and Acoustic Privacy

 

The larger windows in the bedrooms of the proposed additions are oriented to the street rather than towards the adjoining properties. Two windows on the western boundary are small in size and are offset from the windows to the adjoining property. This complies with the relevant performance requirements.

 

It is not envisaged that the residential use of the building will significantly impact on neighbouring properties in terms of noise. 

 

7.6 Safety and Security

 

The larger windows in the bedrooms of the proposed additions are oriented to the street rather than towards the adjoining properties, encouraging casual surveillance onto the public domain. This complies with the relevant performance requirements..

 

7.7 Solar Access and Energy Efficiency

 

The proposed development meets the Performance Requirements under 3.1 Solar Access and Efficiency. The additions face north and will receive sunlight throughout the day.

 

CONCLUSION:

 

The proposal has been assessed against the requirements of the relevant planning guidelines.  The result of this assessment is that the scheme is consistent with the objectives of the DCP – Dwelling House and attached Dual Occupancies. The scale and bulk of the proposed building and its impact on the adjoining semi-detached dwelling is not considered significant due to the design of the proposal and the individual features already existing on the subject site. These include the first storey addition, the preservation of views and maintaining privacy for the adjoining developments.

 

The proposal is considered to be satisfactory but requires conditions of consent to ensure the development is constructed as proposed. Accordingly, the application can be supported and approval is recommended.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80 (A) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 524/02 for alterations and additions to an existing semi-detached dwelling house at 19 Bond Street, Maroubra.

 

1.         The development must be implemented substantially in accordance with the plans numbered 51/02, dated May 02 and Site Analysis Plan and received by Council on 3 June 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 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.

 

3.         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:

 

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

 

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

 

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

 

5.         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.

 

6.         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:

 

7.         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:

 

8.         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.

 

9.         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.

 

10.       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.

 

11.       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.

 

12.       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.

 

13.       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.

 

14.       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

 

15.       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.

 

16.       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.

 

17.       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:

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

A/DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

WILLANA ASSOCIATES

 

 




 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

26 August, 2002

FILE NO:

D0285/2002/GB

 

PROPOSAL:

 New double garage with attic storage

PROPERTY:

 239 Clovelly Rd Clovelly

WARD:

 North Ward

APPLICANT:

 Bissera Dimitrova Dikova

 

 

 

 

 

 

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.

 

The principal issue relating to the proposal is the siting of the garage on the north-eastern boundary and its impact on pedestrian and vehicular vision in Barry St and Susan Lane.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal is for the removal of an existing swimming pool and erection of a new double garage at the level of the pool to the rear of the site. The proposed garage will be of brick construction with a pitched tiled roof. Storage area is proposed within the roof area and a roller shutter door access off Susan Lane. Windows and a door are proposed to the southern elevation with access to stairs to enter the rear courtyard.

 

The plans as submitted to Council show the garage sited on the northern, western and eastern boundaries.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site has a total site area of 271.9m2 with a frontage of 6.49m to Susan Lane. The site has a steep slope from the rear lane to the primary street frontage of Clovelly Rd. The site also has a side boundary frontage to Barry St.

 

The site is comprised of a single storey dwelling and a swimming pool to the rear of the site. The swimming pool is built up to the level of Susan Lane by the use of a retaining wall. A 1800mm dividing fence runs the length of the site adjacent to Barry St. A paved courtyard is located off the dwelling at the base of the retaining wall.

 

Adjacent to the site off Susan Lane is a similar garage at No. 237 Clovelly Road in form and scale to that proposed in the subject application.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The application was lodged on the 4th April 2002. The application was referred to Assets and Infrastructure for comment and a concern for the zero setback from Susan Lane and intersection with Barry St was raised. It was requested that the applicant amend the plans to reflect a 1mx1m splay at this point as a 1m setback was not possible. The applicant raised a concern for this splay in terms of the restricted usability of the garage to park two cars.

 

Several discussions and on site meetings were undertaken and Assets and Infrastructure resolved to reduce this splay to 750mmx750mm. The applicant submitted a letter to Council on the 18 August 2002 opposing the revised splay and requesting consideration of previously suggested alternative design solutions such as incorporating a wider footpath or incorporating mirrors.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. No submissions were received in response to the application.

 

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  Traffic/Parking Issues

 

The EDCP Department is advised that the submitted plans for the proposed garage in Susan Lane are to be amended to accommodate a 1.00m x 1.00m splay at the north-eastern boundary of the site (Barry St / Susan lane Intersection) to provide adequate pedestrian and vehicular vision.

 

The EDCP Department is also to determine whether the whole garage in Susan lane needs to comply with Council’s DCP for setbacks in laneways.

 

A letter of issues was sent to the applicant on the 22/4/02 recommending the plans be amended to provide a 1mx1m splay.

 

After discussion between AIS and the applicant the following comments were made:

 

 The EDCP Department is to determine whether the whole garage in Susan lane needs to comply with Council’s DCP for setbacks in laneways which is 1.00m.

 

The EDCP Department is advised that the AIS Dept has been in contact with the applicant regarding her objection to Council’s recommended 1.00m x 1.00m splay corner requirement at the Barry St / Susan Lane intersection of the site. The splay is recommended so as to provide adequate pedestrian and vehicular vision.

 

The applicant had suggested as an alternative to the 1.00m x 1.00m splay a convex safety mirror located on Council’s naturestrip/roadway or realigning Council’s kerb line in Susan Lane. Council’s Traffic Engineer’s (Jason Scoufis & John Stephens – see attached e-mail) have recommended that both suggestions are not supported and that the most appropriate facility for safety of pedestrians and vehicles is a splayed corner, however, the AIS Dept has agreed to the reducing the dimensions of the splay corner to 0.75m x 0.75m. 

 

The EPCD Dept is also advised that the applicant intends on writing to Council objecting to the splay corner giving her reasons but the AIS Dept believes it cannot recommend against the splay and has considered the reduction in the size of the splay corner to 0.75m x 0.75m appropriate.

 

 

NOTE: Should the EPCD Dept require the proposed garage to be setback, 1.00m from the rear boundary, as in accordance with Council’s DCP then the splayed corner will not be required

 

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 site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

7.1  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 of performance solutions).

SOLAR ACCESS

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

 

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

 

S2  Private open space

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

 

 

Shadow diagrams were not submitted with this application as the structure is single storey and shadows will fall to the subject site and to the adjoining streets.

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.

 

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

 

 

 

 

A condition is included in the recommendation.

 

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

 

S1  40% of the total site area is landscaped.

 

S1  25m2 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.

 

Proposed landscaped area approximately 35% of the site existing is 50% including the pool.

 

Existing private open space 52sqm is considered acceptable.

Permeable area is currently not achieved but this is not altered by the proposal.

The existing permeable area is less than 1%.

 

 

FLOOR AREA

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

FSR

<300m2            0.65:1

 

FSR is not altered by the proposed garage as area is less than 40sqm.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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.

 

 

 

 

The height of the proposed rear garage is consistent with the adjoining garage and dwelling is of an acceptable built form.

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.

 

 

The proposed setback of the garage is zero to the northern, western and eastern boundary and the front of the garage (south) is set well behind the dwelling.

 

The side boundary setback is considered acceptable as the structure will not have an adverse impact on the quality of the streetscape of Barry St or Susan Lane or the amenity of the adjoining property.

 

Due to the reduced northern setback there is a concern for there being insufficient vehicular visibility such that a splay to the north-eastern corner is required.

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

enable the efficient use of car spaces.

safe, efficient, adequate manoeuvrability.

 

P2  Do not breach the predominant building line.

 

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

 

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

 

P6  Uncovered parking areas suitably landscaped.

 

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

 

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

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

Garages and carport to a rear leane are 1m setback.

 

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

 

 

1m setback is not achieved from the rear lane, this is considered acceptable provided that there is an adequate splay provided to assist in vehicular visibility.

 

There are existing examples of garage with zero setback from rear lane within the vicinity therefore the design is considered acceptable provided visibility is achieved through a splay.

 

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     Landscaping/Open Space

 

The preferred solution is that a minimum of 40% of the site be landscaped area and 20% of the site area has a permeable (soft landscaped) treatment.

 

Currently there is only a small section to the front of the property that is soft landscaped, this would be approximately 1% of the site area. The proposed development does not intend to reduce the existing permeable area of the site.

 

Fifty percent (50%) of the site is currently landscaped area.  The proposed will reduce the landscaped area to thirty five percent (35%) of the site.

 

The objectives of landscaping and open space are:

 

·      To retain and enhance existing significant trees and established landscaping.

·      To provide dwellings with useable outdoor recreation space.

·      To improve stormwater management and the appearance, amenity and energy efficiency of housing through integrated landscape design.

·      To preserve and enhance native wildlife populations and habitat through appropriate planting of indigenous vegetation.

 

The proposal will represent a decrease in the landscaped area of the site with the removal of the swimming pool. However, it is considered that the current location and condition of the pool is such that the area does not provide quality landscaped area and does not improve the recreation space of the site. Changing the swimming pool area to an alternative landscaped area would not improve the recreation area of the site as the area is elevated to the level of the intersection between Barry St and Susan Lane and is neither private nor pleasant. The existing private open space to the courtyard provides an acceptable level of recreation area for the site.

 

As there is no decrease in the amount of permeable landscaped area proposed and as there are no existing trees and landscaping that will be affected by the proposal, the objectives of the control are achieved.

 

8.2     Traffic & Car parking

 

The proposed rear garage does not comply with the preferred solutions contained in Development Control Plan Dwelling Houses and Attached Dual Occupancies for Part 4.7 Garages, Carports and Driveways however the performance requirements are achieved for design and appearance of the structure to the streetscape. The performance requirement of ensuring the garage conveniently and safely serves users is not achieved per the submitted design. To satisfy the performance requirement a condition of consent will be imposed requiring that the splay as requested by Council’s traffic engineer’s of 750mmx750mm to the north-eastern corner of the site is provided.

 

The applicant has raised a concern with providing the 750mmx750mm splay in that two large cars will not be able to be parked in the double garage. It is considered that with dimensions of 6100mm x 6900mm, two cars can be parked within the area. The requirement of the splay to be 750mmx750mm will reduce the width to 6000mm, which is only a minor reduction, and will still provide an acceptable width to park and manoeuvre two cars.

 

Council’s engineers consider that vehicular visibility is necessary at this intersection and that the splay is required to ensure vehicular and pedestrian safety. Alternatives to improving visibility such as mirrors are not considered acceptable design solutions and as such the splay is considered necessary.

 

9.    CONCLUSION

 

The proposed garage does not achieve the preferred solution in terms of a 1m setback from a rear lane.  This cannot be achieved due to the area being restricted by an existing retaining wall. The preferred solution for landscaped area is also not achieved with the reduction from 50% landscaped area to 35% provided. The objectives and performance requirements have however been satisfied. The objective of appropriate vehicular and pedestrian vision will be satisfied through a condition of consent for a 750mmx750m, splay to the north-eastern corner of the garage which will not limit its usability.

 

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 285/02 for New double garage with attic storage at 239 Clovelly Rd Clovelly subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans unnumbered, dated 2/4/02 and received by Council on 4/4/02, 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:

 

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

 

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

 

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

 

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

 

3.         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.

4.         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 that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

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

 

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

 

 

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

 

6.         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 retaining wall to support the garage.

 

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:

 

7.         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.

 

8.         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.

 

9.         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.

 

10.       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.

 

11.       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.

 

12.       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 footings or first completed floor slab (prior to the pouring of concrete), showing the area of the land, building and boundary setbacks.

 

13.       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.

 

14.       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

 

15.       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.

 

16.       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.

 

17.       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.

 

SECURITY DEPOSIT CONDITIONS

 

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

 

18.       The following vehicular crossing deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for Council or a Council approved subcontractor to construct the vehicular crossing.

 

a)         $700.00           -           Vehicular crossing deposit

 

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

 

Traffic conditions/Civil Works Conditions

 

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

 

19.       The applicant must meet the full cost for Council or a Council approved contractor

 

20.       Construct a concrete vehicular crossing and layback with concrete gutter at the kerb line opposite the vehicular entrance to the site, in Susan Lane. This shall include any necessary roadworks.

 

21.       Replace any redundant vehicular crossing previously serving the site in Barry Street, with kerb and gutter to Council’s specification.

 

22.       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.

 

23.       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.

 

24.       Prior to the issuing of a construction certificate the plans for the proposed garage are to be amended to show a 0.75m x 0.75m splay at the north-eastern corner of the of the site, so as to provide adequate pedestrian and vehicular vision.

 

Alignment Level Conditions

 

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

 

25.       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 be as follows:

 

·    60mm above the edge of the asphalt road at all points opposite the asphalt road, along the full site frontage, in Susan Lane.

 

Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department on 9399 0881.

 

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

 

26.       The design alignment levels (concrete/paved/tiled level)  issued by Council and their relationship to the roadway must be indicated on the building plans for the construction certificate.

 

27.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $66.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

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

 

28.       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.

 

29.       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.

 

Advisory Conditions

 

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 reduced Plans

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

A/DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER

 

 

 




 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

29 August, 2002

FILE NO:

DA 327/02

 

PROPOSAL:

 Change of use to a warehousing and tyre repair business

PROPERTY:

 47-51 Perry Street, Matraville

WARD:

 South Ward

APPLICANT:

 On The Spot Tyres

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application seeks consent to change the use of the existing premises to a commercial vehicle mobile tyre repair service providing roadside service and also the warehousing and fitting of tyres.

 

The main issues are proximity to existing residential development, resultant potential amenity impact in terms of noise, business operation, hours of operation, and whether or not the site is suitable for the proposed use. 

 

The application is recommended for approval.

 

2.    THE PROPOSAL

 

An application has been received from On The Spot Tyres seeking consent to change the use of the rear portion of the existing building to permit a tyre repair and warehouse business to operate between the hours of 6.30am to 6.30pm Monday to Friday and 7.00am to 1.00pm on Saturday.

 

It should be noted that the applicant is already using the premises as a tyre warehouse and fitting centre without the prior consent of Council. As a result of Council serving an Order to cease the unauthorised use, the applicant  has lodged this development application.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject premises is on the corner of Perry Street and McCauley Street and is a relatively level allotment with an overall area of 1608m5, upon which there is an existing warehouse building. The existing building contains two separate uses, a mechanical repair workshop at the northern end and the tyre repair and warehousing activity at the southern end. The site is located amongst residential, industrial and special uses development.

 

4.    SITE HISTORY

 

The site has a history of industrial uses and a number of previous Development Consents as follows;

 

DA 233/83 – Consent granted to operate a panel beating service from the premises.

DA 213/84 – Consent granted to carryout alterations to the building and use the premises for mechanical repairs and spray painting.

DA 297/84 – Consent granted to carryout alterations to the building.

DA 330/89 – Consent granted to use the existing building for the storage and   servicing of road plant equipment.

DA 327/02 – Installation of associated pole sign for tyre repair business - undetermined.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

       Mr F Quattrocchi of 1 McCauley Street Matraville

 

·     The premises is not being used as approved in that the premises is operating prior to              the originally approved hours.

·      There has been an unauthorised crossing installed to the McCauley Street frontage which is accessed by large vehicles.

 

Mr T & Mrs P Litton of 61 Perry Street Matraville

 

·      The premises are not being used as approved in that they are being operated prior to the originally approved hours.

·      There has been an unauthorised crossing installed to the McCauley Street frontage which is accessed by large vehicles.

·      The premises are already used for the retail sale of tyres.

·      The use of the premises may encourage the use of McCauley Street by large vehicles.

 

L Fuller & S Atkins of 3 McCauley Street Matraville

·      The noise generated from the business is disturbing.

·      There is inadequate parking on site.

·      An increase in traffic may be unsafe.

·      The hours of operation are excessive.

·      The proposal is for warehousing and repairing truck tyres however the sign on the premises notes that it is for car and truck tyres, which is inconsistent.

 

Comment:

 

It is considered that the use of the premises is consistent with the objectives of the Industrial 4A Zone under Randwick LEP 1998 and the imposition of appropriate conditions of consent will mitigate the objectors concerns, particularly with respect to noise nuisance and the hours of operation.

 

The issue of noise and the hours of operation has been addressed by the Manager Environmental Health and Building Services in his report of 3 June 2002 and given the complaints received regarding noise associated with the entry and exit of vehicles and the use of equipment, in order to minimise that adverse impact, the Manager of Building Services advised that the operating hours should be limited to:

 

Monday – Friday:              7.00am-5.30pm

Saturday:                           8.00am-1.00pm.

 

The Managers recommendation is considered appropriate and conditions 2 and 3 have been included to address these issues.

 

With respect to the unauthorised vehicular crossing, the Director of Assets and Infrastructure has recommended that if consent is granted that this crossing be removed and replaced by a suitable Council designed crossing and the concrete footpath and kerb be reinstated. It should be noted however, that the point of entry in Mc Cauley Street has been approved under Development Consent No 330/89.

 

6.         REFERRALS

 

The application has been referred to the Director of Assets and Infrastructure and the Environmental Health Unit for comment and appropriate conditions have been provided for inclusion with any consent granted to address other relevant issues including traffic/civil works, landscaping, noise, waste, pollution, and the restriction of loading and unloading to within the site boundaries.

 

7.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

Randwick LEP 1998

 

The site is zoned 4A Industrial under Randwick Local Environmental Plan 1998 (RLEP) and the proposal is permissible with Council's consent.

 

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.

 

The objectives of Clause 15 of the LEP include that accommodation is made for traditional and modern forms of industrial and warehousing uses, and that disturbances such as noise pollutants are minimized. The use of the premises as detailed is consistent with the objectives of the LEP subject to conditions limiting the hours of operation and the operation of plant and equipment.

 

The previous use of this part of the existing building involved the storage of and servicing of road plant. The use of the premises for warehousing and tyre repairs and fitting would not generate an additional demand for parking as there is no additional floor space proposed. However, any approval should be conditioned to restrict the activity to within the subject site and that no activity associated with the use is carried out on the Council’s roadways. In terms of the provision to be made for on site parking, the submitted plan provides for nine carspaces to adjoin the eastern boundary of the site, three of which are for the subject factory unit, with a further six spaces for the northern factory unit. It is noted that although the previously approved use of the subject factory unit (storage of and service repairs to road plant machinery and equipment) provided for eight spaces, five of which were totally within the subject factory boundaries. A further three carspaces, straddled the boundary between the factory units, (angle parking on either side). The previous layout although containing more carspaces, was tight, and the current layout is preferred.

 

The proposed use of the premises as a tyre warehouse and fitting centre complies with the relevant assessment criteria and subject to appropriate conditions of consent, including the restriction of hours of trading and environmental controls it is not considered that there will be a significant adverse impact upon the adjoining premises or the character of the locality.

 

9.         CONCLUSION

 

The application is recommended for approval subject to conditions to minimise any adverse impact of the proposed use on nearby residents in terms of noise, hours of operation, pollution, traffic, required civil works and general business operation.

 

RECOMMENDATION:

 

THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.402/02 for permission to use the premises as a tyre warehouse and fitting centre at 47-53 Perry Street Matraville subject to the following conditions: -                                                                                                    

 

1.         The development must be implemented substantially in accordance with the plans numbered 12/DP710283-L1, dated 2nd May 2002 and received by Council on the 7th May 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 have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

Operating hours are limited to;

 

Monday – Friday:      7:00am – 5:30pm

 

Saturday:                    8:00am – 1:00pm

 

Tyre fitting and the use of fitting equipment including air compressors, and pneumatic equipment is not permitted to commence until 7.30am.

 

2.         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.

 

3.         All vehicles entering the site are to enter and leave the site in a forward direction.

 

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

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

 

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:

 

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

 

6.         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.

 

7.         No mechanical works, including the detailing (including spray painting and panel beating) and repairs of vehicles, vehicle parts or machinery shall be conducted on site.

 

8.         Sufficient supplies of appropriate absorbent materials shall be kept on site to recover any liquid spillage.  Liquid spills shall be cleaned up using dry methods, by placing absorbent material on the spill and sweeping or shovelling the material into a secure bin.  Absorbent materials used to clean up must be disposed of to an appropriately licensed waste facility.

 

9.         All loading and unloading of goods are to be carried out wholly within the site and no goods are to be stored on Council’s footway at any time.

 

10.       All staff vehicles are to be parked on site and no vehicles associated with the business or awaiting servicing are to be parked on the street.

 

11.       The use is restricted to the area designated on the plans submitted and no works associated with the use are to be carried out on Council’s footpaths or roadway.

 

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

 

12.       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)         $6,000.00        -           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:

 

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

 

a)   Remove the illegally constructed asphalt crossing opposite the vehicular entrance in McCauley Street and construct a Council designed commercial strength vehicular crossing and reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

b)   Construct a heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance in Perry Street located adjacent to the western side boundary.

 

14.       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.

 

15.       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:

 

16.       The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the internal driveway entrance level for the vehicular access from McCauley St is to be altered/reconstructed so that the driveway level is at the following:

 

·    150mm above the invert of the concrete gutter.

 

The above work is to be carried out by the applicant at their own expense.

 

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

 

17.       The above driveway levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $68.20 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

18.       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.

 

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

 

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

 

20.       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.

 

Advisory Conditions

 

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 Plan

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

A/DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ASSESSMENT OFFICER

 

 

 

 

 




 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

28 August, 2002

FILE NO:

DA 743/2001

 

PROPOSAL:

 Section 96 - Modification to delete Condition No. 5 relating to privacy screen to deck at the front of the building.

PROPERTY:

 17 Hughes Avenue,  MAROUBRA 

WARD:

 South Ward

APPLICANT:

 M & M Boatswain

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The subject site located is on the north western side of Hughes Avenue adjacent to the corner of Broome Street Maroubra and is occupied by an existing two storey dwelling. The site is an irregular shaped allotment, having a frontage of 15.545m, depth of 34.354m and a total site area of 253m5.

 

Approval was granted under delegated authority on the 23rd October 2001 for alterations and additions to the dwelling, including internal alterations to the dwelling, the provision of new decks and balconies at ground and first floor level to the front and rear of the dwelling, the erection of a cabana, installation of an inground swimming pool within the rear yard and erection of a new masonry front fence.

 

The applicant is seeking to modify the development consent by deleting Condition No. 5 relating to a privacy screen to the upper deck at the front of the building.

 

The Section 96 application is recommended for refusal.

 

2.    THE PROPOSAL

 

Conditions of original consent include condition No.5 which stated;

 

           “A translucent glass privacy screen, having a maximum height of 1.5m is to be erected     along the eastern side of the deck at the front of the building on the first floor level. This is required to maintain reasonable levels of privacy to the adjoining property. Details are to be provided in the construction certificate plans.’

 

The applicant has lodged this Section 96 application seeking reconsideration of this condition. The applicant seeks to have the condition deleted on the grounds that there is no justification for the condition, and the condition was imposed without consultation with the applicant. The applicant also states that if a privacy screen is to be provided that they would seek to install a fixed metal louvered screen rather than a translucent glass screen.  However, the applicant was not agreeable to an amended privacy screen design and has requested  that the application to delete the condition be determined as originally submitted.

 

3.    SECTION 96 ASSESSMENT

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria have been complied with:-

 

3.1       Substantially the Same Development:

 

The proposed modification does not alter the proposed development and only seeks the reconsideration of the terms of a particular condition of consent, and therefore the development proposal is considered to represent substantially the same development and may be considered under the terms of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended.

 

4.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998.

 

The following submissions were received:

 

M Jones of 124 Broome Street Maroubra

 

The proposed modification to delete the required privacy screen will not comply with the preferred solution of the Development Control Plan for Dwellings and Dual Occupancies in that privacy of open space to the adjoining premises is not maintained and the elimination of the privacy screen will have a significant detrimental impact upon their privacy and amenity of the principal outdoor living area of their premises.

 

Comment:

 

It is acknowledged that there will be a privacy impact to the objector’s premises in that the front yard area of the premises contains a swimming pool and is the principal outdoor living area for the occupants, and therefore it is considered that the imposition of a privacy screen is a reasonable means to mitigate the impact upon privacy.

 

5.    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.

 

5.1       Privacy and overlooking:

 

It is considered that the installation of a privacy screen to the upper level balcony is a reasonable means to preserve the privacy to the principal outdoor living area of the adjoining premises, and is consistent with the design solutions contained in the DCP – Dwelling Houses.

 

6.    CONCLUSION

 

The proposed modification will result in an adverse impact upon the privacy to the adjoining premises and therefore it is recommended that application to delete Condition No.5 be refused.

 

7.    RECOMMENDATION:

 

THAT Council as the consent authority, refuse consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to vary conditions of Development Consent No.743/01 for permission to carryout alterations and additions to the dwelling at 17 Hughes Avenue Maroubra for the following reason:-

 

1.    The deletion of a privacy screen to the upper level balcony to the front of the dwelling will not comply with the objectives and performance requirements of the Development Control Plan for Dwellings and Dual Occupancies in that there will be a significant adverse impact upon the existing levels of privacy within the principal outdoor living areas to the adjoining premises.

 

 

ATTACHMENT/S:

 

1.  A4 reduced Plans

2.  Delegated Report dated 23/10/2001 

 

 

 

 

 

 

………………………………

………………………………

 

PERRY HEAD

ACTING DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 




DELEGATED REPORT

            Report of the Director of Planning –23/10/2001

 

 

PROPERTY:                   17 Hughes Avenue, Maroubra

 

WARD:                            Central

 

FILE REF:                        01/00743/GA

 

APPLICANT: Archivision Design

 

OWNER:                          Amanda Burke & Mark Boatswain

 

PROPOSAL:                    Alterations and addition to the existing dwelling house including a new cabana at the rear of the property and new decks at ground and first floor level, new front fence.

 

VALUE OF WORK:        $80,000    

 

BCA

CLASSIFICATION:        Dwelling – Class 1a

                                          Cabana – Class 10a

                                          Fence – Class 10b

 

DATE SUBMITTED:      20 August 2001

 

ADVERTISING:             Clause 23 Notification

 

AUTHOR:                        Nadia Elbotaty

 

1.         DESCRIPTION OF LOCALITY:

 

The subject property is located on the north western side of Hughes Avenue, Maroubra and is occupied by an existing double storey dwelling. The site is an irregular shaped allotment, having a frontage of 15.545m, depth of 34.354m and a total site area of 252.9m2. Adjoining the site to the east and west are existing double storey dwellings.

 

2.         RELEVANT HISTORY:

 

There is no previous development application history relevant to the subject application.

 

1.         DESCRIPTION OF PROPOSAL:

 

The applicant/s are seeking approval to carry out internal reconfiguration of the dwelling and provide new decks/balconies at ground and first floor level to the front and the rear of the existing building. It is also proposed to construct a cabana at the rear of the site, a new front fence and install a new swimming pool.

 

2.         ZONING AND STATUTORY CONTROLS:

 

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

 

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

 

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

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

 

3.         POLICY CONTROLS:

 

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

 

Landscaping

 

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

 

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

 

The proposal provides 53% of the total site area as landscaped area, of which 23% has a permeable treatment. It is considered that the proposal satisfactorily complies with Council’s objectives and performance requirements in regards to landscaping requirements.

 

Floor Area

 

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

 

The preferred solution for an allotment with an area of 252.9m2 is that a maximum floor space ratio of 0.65:1 applies. The proposed cabana will add and additional 18.63m2 of floor area to the existing building. The site will have a total gross floor area of 143.99m2. This corresponds to an FSR of 0.57:1. the proposal meets the relevant preferred floor space ratio limit for the site. As discussed with the applicant and the owners of the subject property, should approval be granted, the side and rear boundary fences along the western, northern and eastern side of the cabana are to be retained, and the cabana walls are to be constructed wholly within the boundaries of the subject property in order to reduce the prominence of the building to the adjoining properties.

 

It is considered that the proposal is acceptable with regard to bulk and scale (see also Section Height, form and materials) The proposal satisfactorily complies with the preferred solutions and performance requirements relating to floor area.

 

Height, Form & Materials

 

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

 

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

 

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

 

The proposed cabana at the rear of the property extends along the rear western, northern and eastern fence and has a wall height of 2.45m, and an overall height of 3.55m. The proposed cabana will extend above the eastern side boundary fence by approx 1.1m, and a maximum of approx 1.75m at the rear northern boundary. As discussed with the applicant/s, the wall height of the cabana is to be reduced to 2.25m and the pitched roof is to be replaced with a flat roof so that the overall height of the cabana does not exceed 2.5m. This is required to reduce the prominence of the building as viewed from the adjoining properties. In this regard the cabana will extend above the eastern side boundary by approx 50mm and 700mm at the rear northern boundary.

 

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 cabana has a nil setback to the rear northern boundary and to the eastern and western side boundaries. Should approval be granted, the side and rear boundary fences along the western, northern and eastern side of the cabana are to be retained, and the cabana walls are to be constructed wholly within the boundaries of the subject property in order to reduce the prominence of the building to the adjoining properties. The encroachment within the setback preferred solution is not considered to give rise to adverse impacts on neighbouring properties in terms of privacy, access to light, air and views.

 

The proposed deck at the rear of the dwelling at ground level has a nil setback to the eastern and western side boundaries. A 2m high privacy screen is proposed to be erected within the subject property, along the eastern and western sides of the deck. The proposed privacy screen will protrude approx 500mm above the existing fence. It is considered that a 1.8m high privacy screen from deck level is sufficient and will provide adequate privacy to the adjoining property, together with the existing landscaping on the adjoining site. Should approval be granted, the privacy screen is to be reduced to 1.8m. This in turn will protrude approx 300mm above the existing high fence. The proposal is not considered to give rise to adverse impacts on neighbouring properties in terms of privacy, access to light, air and views.

 

Visual & Acoustic Privacy

 

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

 

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

 

The proposal involves new decks at the rear and at the front of the dwelling at both ground and first floor level. At the rear of the building a new deck is proposed to extend from boundary to boundary, because of the shape of the allotment compliance with the 900mm preferred solution will create unusable space at the sides of the property. The deck is elevated a maximum of 1m above ground level, and there are privacy screens to the eastern and western side of the deck to minimise overlooking to the adjoining properties. A new deck is proposed to extend from the rear of the first floor. 1.8m high privacy screens are proposed to be erected to the eastern and western side of the deck minimising overlooking to the adjoining properties.

 

A new deck is also proposed at the front ground floor. There is an existing garage to the eastern side of the deck and an existing high fence to the west. A deck is proposed to extend from the front first floor, from the ‘retreat’. The deck will overlook the front yard of the adjoining property. Although the front yard of the adjoining property is not the main outdoor recreation area for the property, there is an existing swimming pool at the front of the property, where, the objector claims that significant outdoor recreation activities transpire, especially in the summer. Privacy screens have not been proposed at the upper balcony of the subject property. In lieu of the deletion of the front balcony or reducing the length of the balcony so that it becomes a Juliet balcony, it is recommended that should approval be granted, a 1.5m high translucent glass privacy screen be erected along the eastern side of the deck at first floor level at the front of the property, in order to maintain reasonable levels of privacy to the adjoining property. There is a translucent glass screen proposed on the western side of the ground floor deck, it is not considered that the first floor privacy screen will adversely affect the character of the building or its presentation to the front of the street.

 

Fences

 

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

 

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

 

A new solid front fence is proposed to be erected at the front of the property. The proposed front fence has a height of 1.8m at the eastern end of the property and 2.5m at the western end. The surrounding streetscape is characterised with predominantly 1.8m high solid front fences. There is an existing front fence at the adjoining property to the west. The adjoining property has a open designed fence with the pilar that adjoins the subject site 1.8m high, and 2m at the lowest point. There are no objections raised to a solid fence at the front of the property, provided it does not exceed 1.8m from footpath level at any point, as the height of the proposed fence is considered to be unnecessarily excessive. The proposed solid fence is integrated with the local fence form and does not detract from the amenity of the surroundings.

 

4.         REFERRALS:

 

6.1       Director of Assets and Infrastructure Services

 

Landscape Comments

There is a Palm Tree located within the front yard, which will require removal to allow for the construction of the proposed pool. Permission is granted for the removal of the Palm Tree.

 

6.2       Manager of Building Services

 

The Manager of Building Services provides the following comments in relation to the subject application:

 

-           BCA Classification

 

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

 

Dwelling – Class 1a

Fences – Class 10b

 

-           General Comments

 

No objection is raised with respect to compliance with the

 

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

·          Provisions of the Building Code of Australia

·          Provisions of the Local Government Act 1993 & regulations

 

5.         NOTIFICATION AND SUBMISSIONS:

 

The owners of adjoining properties were notified of the proposed development on the 23 August 2001. As a result of this notification, the following submissions were received:-

 

Mr & Mrs P Schierer        -      24 Bennett Place, Maroubra

Maree Jones     -                124 Broome Street, Maroubra

 

-           Cabana may be built over boards sewer

Comment:

Condition will be imposed requiring Sydney Water consent for construction over boards sewer.

-           Cabana being built on boundary will not be aesthetically pleasing from their side of property

-           Unsure whether window at rear adjoins fence

-           Unsure as to weather existing fencing is to remain

Comment:

As discussed in section Building Setbacks, a condition will be imposed requiring the cabana to be built wholly with in the boundary and not replace the existing boundary fencing.

 

-           Roof of cabana will overshadow property.

Comment:

As discussed in section Height, form and materials, the cabana is to be reduced in height, and the pitched roof is to be replaced with a flat roof. The cabana will extend approx 700mm above the existing fence as viewed from the rear northern property and, approx 200mm above the fence at the eastern side.

 

-           Cabana may be used for separate occupancy

Comment:

A separate occupancy has not been applied for, Council can only assess an application on what has been proposed. Given the relatively small size, dimensions and absence of any kitchen facilities within the proposed cabana, a separate occupancy is unlikely. Nevertheless, a condition will be imposed to that effect.

 

-           Privacy screen from rear deck will overshadow garden

-           Deck at first floor, front and back of dwelling will overlook into property

Comment:

See Section Visual and Acoustic privacy. Privacy screen will extend only 300mm above the existing fence. Together with the existing large trees on the objecting property, overshadowing from the privacy screen will be minimal.

 

-           Concerned about drainage from brickwork.

Comment:

An appropriate condition will be imposed.

 

6.         SECTION 79C ASSESSMENT:

 

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

 

The information contained in the attached DA assessment checklist, forms part of the assessment of this application.

 

7.         ENVIRONMENTAL ASSESSMENT:

 

 

9.1       Proposed Design in relation to Existing Building and Natural Environment

 

The proposed cabana at the rear of the property with the retention of the boundary fencing and the reduction in height, will have minimal amenity impacts on the adjoining properties.

 

10.       CONCLUSION

 

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

 

11.       RECOMMENDATION

 

THAT Council's Team Leader under delegated authority from the General Manager, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 743/2001 for permission to alterations to existing dwelling, including a new cabana at the rear of the property with new decks and front fence for 17 Hughes Avenue, Maroubra subject to the following conditions:-                                                              

REFERENCED PLANS:

 

1.        The development must be implemented substantially in accordance with the plans unnumbered, drawn by Archivision Design and consisting of one sheet, dated June 2001 and received by Council on 20 August 2001, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

ENVIRONMENTAL AMENITY:

 

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 internal floor to ceiling height of the cabana is to be reduced to 2.25m and the pitched roof is to be replaced with a flat roof so that the maximum height of the building does not exceed 2.5m above existing ground level and details of compliance are to be provided in the construction certificate plans.

 

3.        The side and rear boundary fences along the western, northern and eastern side of the cabana are to be retained, and the cabana walls are to be constructed wholly within the boundaries of the subject property in order to reduce the prominence of the building to the adjoining properties. Details of compliance are to be provided in the construction certificate plans.

 

4.        The privacy screen at the rear ground level deck, along the north eastern side is to be reduced to 1.8m from deck level. Details of compliance are to be provided in the construction certificate plans.

 

5.        A translucent glass privacy screen, having a maximum height of 1.5m is to be erected along the eastern side of the deck at the front of the building on the first floor level. This is required to maintain reasonable levels of privacy to the adjoining property. Details are to be provided in the construction certificate plans.

 

6.        The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the street scape, to the satisfaction of Council’s Director of Planning and Environment.

 

7.        The fence on the street alignment is to be a maximum height of 1.8m at any point from footpath level, to maintain reasonable levels of amenity to the adjoining residential development and the street scape. Details of compliance are to be provided in the construction certificate plans.

 

8.        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.

 

9.        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.

 

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

 

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

 

12.      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.

 

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

 

DRAINAGE:

 

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

 

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

 

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

 

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

 

PRESCRIBED CONDITIONS & FIRE SAFETY:

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

STRUCTURAL:

 

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

 

17.      A Certificate of Adequacy prepared by a suitably qualified person 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.

 

CONSTRUCTION MANAGEMENT:

 

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

 

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

 

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

 

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

 

20.      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.

 

21.      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.

22.      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.

 

 

23.      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)        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.

 

24.      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.

 

25.      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.

 

26.      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.

 

27.      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.

 

28.      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.

 

29.      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.

 

FIRE SAFETY:

 

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

 

30.      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.

 

ALIGNMENT LEVEL CONDITIONS:

 

 

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

 

31.      The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

32.      The above alignment levels have been issued by the Council's Department of Asset & Infrastructure Services at a prescribed fee of $66.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

SERVICE AUTHORITY CONDITIONS:

 

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

 

33.      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.

 

34.      Documentary evidence from Sydney Water confirming that their requirements in relation to the proposed cabana and their drainage easement have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

LANDSCAPE CONDITIONS:

 

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

 

35.      Permission is granted for the removal of the Palm Tree located within the front yard to allow for construction of the proposed pool.

 

ADVISORY CONDITIONS:

 

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

 

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

 

 

 

 

 

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

Nadia Elbotaty

ASSESSMENT OFFICER

 

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

 

 

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

 

I have exercised my delegation of authority, in accordance with the instrument of delegation dated 22nd August 2000, to determine this application.

 

 

 

 

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

Ian Burke

TEAM LEADER

 

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

 

 

 

G\TOWN\WP\DEVE\2001\HUGHES17

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

23 August, 2002

FILE NO:

DA 142/02

 

PROPOSAL:

 Provide outdoor seating to the existing cafe

PROPERTY:

 1609 ANZAC PARADE La PEROUSE

WARD:

 South Ward

APPLICANT:

 R KEYES

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application details the conversion of the existing timber deck adjoining the existing Café known as “Petes Boatshed Café” into an outdoor dining area.

 

The main issues are the appropriateness of the use of public land for business premises, potential increased noise impact, and additional on street parking demand.

 

The application is recommended for approval.

 

2.    THE PROPOSAL

 

The application details the use of the existing deck adjoining the café into an outdoor dining area providing seating for 84 patrons beneath 7 retractable umbrellas. The dining area is proposed to operate between 10.00am to 5.00pm, Monday to Friday, 9.00am to 6.00pm Saturday to Sunday, and 9.00am to 11.00pm Friday to Sunday during daylight saving.

 

The application also includes the rectification of the maritime structure and installation of safety rails.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is within the southern corner of Frenchmans Bay, within Botany Bay, and is adjacent to the La Perouse Museum, the whole immediate locality having significant heritage and cultural value. The existing building comprises a two storey, timber framed and clad, structure with a metal roof and associated deck.

 

4.    SITE HISTORY

 

The site has been the subject of a number of previous applications in connection with the use of the premises as a boat shed and food premises. The most recent consent was Development Application 53/99, approved at the Health Building & Planning Committee Meeting of the 7th March 2000. The consent detailed alterations and additions to the building to provide for restaurant style dining with seating for 75 patrons within the building and the adjoining deck at the rear of the building.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

Mr R Neville of 27 Goorawahl Avenue La Perouse

 

-    the use of the deck area will alienate public land

-    the increased seating will lead to elevated noise levels, due to the nature of the proposal ( outdoor dining).

-    Questions how the applicant will provide additional parking which will be generated by the proposed use.

 

Mr M Hume of 26 Goorawahl Avenue La Perouse

 

-    the deck which is already damaged should be demolished and returned for use as public land.

-    alleges that previous applications to rebuild adjoining damaged structures have been refused by Council.

-    there is already noise nuisance caused by the existing café and the provision of an outdoor dining area will only increase noise from the premises.

-    there are insufficient toilets to cater for the number of patrons.

-    there is insufficient garbage storage on the premises.

-    the statement that there is ample parking is inaccurate,

-    the proposed use of the deck will have an adverse impact upon the Foreshore Scenic Protection area and will obstruct water views.

 

Mr C Abela Chairman, and on behalf of the La Perouse Precinct Committee

 

-    the proposed development is inappropriate within the context of the historic significance of the La Perouse Precinct.

-    the use of the deck area will alienate the beach and shoreline.

-    the installation of umbrellas will degrade the visual quality of the area and not comply with the Plan of Management.

-    there is insufficient parking already and this use will add to parking pressures.

-    the proposed use is incremental to the boatshed use and is an example of how the boatshed use has intensified over the years.

 

Comment:

 

It is considered that the concerns relating to noise nuisance have merit and conditions have been recommended regarding noise emission and in particular restricting the hours of trading. With regards to waste generation, Councils Waste Manager has advised that there are no objections to the waste management plan as submitted with the application.

 

The Development Control Plan - Parking, states that where footway restaurants are proposed on community land no additional parking is required. However, it is acknowledged that this proposal will generate additional parking demand within the locality.

 

It should also be noted that the application includes a parking study, which was undertaken during winter. The study indicates that during Friday lunch time and Saturday night periods there is significant on street parking in the proximity of the existing café. Whilst the study was undertaken during low season, having regard to the DCP-Parking which does not require additional parking and that the dining area is likely to cater for visitors to the area, it is not envisaged that the proposal will result in a detrimental impact on the parking capacity of the locality.

 

Whilst the use of the premises has altered over time, each use has been the subject of a Development Application, with the current use of the premises as a restaurant being the subject of the most recent consent, DA 53/99.

 

An advisory condition is recommended bringing to the applicants attention that the number of toilet facilities, with respect to patron numbers, do not comply with the Building Code of Australia and will need to be increased.

 

It is considered that the locality has sufficient diversity to accommodate the proposed use without any significant adverse impact upon the foreshore scenic protection area.

 

With regard to the alienation of public land, this area is currently not able to be used by anybody due to the structural instability of the deck, and there is sufficient remaining foreshore and beach area able to be utilised by residents and visitors.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the Director of Assets and Infrastructure for comment with respect to Traffic, Waste Management and License requirements for the use of the deck for outdoor dining. Advice received is there are no objections to the proposal, subject to appropriate conditions being included with any consent regarding waste management and the terms of the License agreement for the use of the deck.

 

The advice received from the Director of Assets and Infrastructure also notes the resolution of the Council Meeting of the 18th September 2001, which stated;

 

That Council advise the Department of Land and Water Conservation that Council does not object to the lodgement of a development application for the use of the former Stannard Bros deck for the purposes outdoor seating/dining associated with the adjoining commercial use.

 

In addition it is noted in this referral that the Frenchmans Bay Plan of Management which was adopted at Council’s meeting of May 2002 included that Council as Trust Managers will give full consideration to the Department of Land & Water Conservation Food and Beverage Policy Circular No 2001/03 in the assessment of the Development Application including the following characteristics;

 

-   ensure that the outlet is as described in the Food Beverage Policy on Crown Reserves.

-   allow equity of access in opening times and level of dining.

-   the range of dining shall not exclude any public from access.

-   exclude licensed bar areas from the Reserve.

-   no specific areas being set aside for functions.

-   the Reserve remains the dominant attraction.

 

The application was also referred to the Manager of Environmental Health and Building Services for comment regarding pollution control, waste and compliance with the Food Act and Food Premises Code. The Manager confirmed that an inspection of the premises revealed that the café presently caters for 75 seats and with the additional seating now proposed (84 seats), the café would cater for a total of 159 seats. The Manager of Health Services does not support the application, due to the potential detrimental impact upon the amenity of the local residents and the inadequate kitchen and sanitary facilities to cater for the additional patrons. However, if the application is approved a number of conditions have been provided to address issues relating to noise generation, waste control, pollution control and compliance with the Food Act and Food Premises Code.

 

In respect of the identified concerns raised by the Manager Environmental Health and Building Services, it is considered that the potential noise concerns can be addressed by limiting the hours of operation, and it is acknowledged that the kitchen and toilet facilities may need to be upgraded. Suitable conditions, including an advisory condition have been included in the recommendation to address these issues.

 

7.    EXTERNAL REFERRALS

 

Advice has been received from the Department of Land and Water Conservation that the reserve, which includes the subject deck, is not presently the subject of an Aboriginal Land Claim under the Native Title Act, 1993. The Department of Land and Water Conservation have also provided their consent, as the owners of the land, to the lodgement 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 6A Open Space under Randwick Local Environmental Plan 1998 and is within a Heritage Conservation Area. The proposed activity is permissible with Council’s consent.

 

The objectives of zone 6A Open Space of the LEP seek to identify publicly owned land used or capable of being for public recreational purposes and to allow development that promotes or is related to the use and enjoyment of open space.

 

Clause 38 of Randwick LEP 1998 states that Council may grant consent to the development of land within zone 6A if it is satisfied that the proposed use is suited to that location and the use is consistent with any plan of management prepared for the area. In addition consideration must be given to the need for the proposed development, if it relates to the use and enjoyment of the open space, the impact upon the likely future use and character of the land and the need to retain the land for it’s existing or likely use.

 

The proposed use of the deck for outdoor dining promotes the objectives of the zone and satisfies the provisions of Clause 38 of the LEP.

 

 

 

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   Clauses 18 & 38 of Randwick LEP 1998 – Development in Open Space Zones

 

The relevant objective of the 6A Open Space zone is:

 

“…

 

(b)              to allow development that promotes, or is related to, the use and enjoyment of open space, and

…”

 

The proposed development is consistent with the above objective in that it would allow the utilisation of the existing deck area for outdoor dining better serving the local community.

 

Clause 38(2) requires the consideration of a number of issues when determining an application to carry out development on land zoned 6A. The relevant issues are discussed below.

 

“(a)             the need for the proposed development on that land”

 

It is considered that the utilisation of the existing deck for dining would allow for the increased level of service provision to patrons of the boatshed café. Further, there is a genuine need for additional outdoor dining areas for patrons especially during the summer months.

 

(b)            whether the proposed development promotes or is related to the use and enjoyment of open space.

 

The proposed development is very much related to the use and enjoyment of open space. The use of the deck for outdoor dining would allow the community to take advantage of the scenic qualities of the locality.

 

(c)            the impact of the proposed development on the existing or likely future use and character of the land.

 

The proposed development will not result in any adverse environmental impacts on the public domain in terms of overshadowing, access to pedestrian walkways etc, and as such will not impact existing or likely future use of the land.

 

9.2 Landscape & Scenic Quality

 

The proposal involves the use of shrubs in concrete planters which will enhance landscape and scenic quality of the area. In relation to the proposed white canvas umbrellas it is not envisaged that the visual quality of the “foreshore are” will be diminished due to their modest scale.

 

 

9.3  Frenchmans Bay Plan of Management

 

The Frenchmans Bay Plan of Management provides Council with a set of policy and management directions for the future enhancement and management of the area as a whole.

 

It is considered that the proposed development is consistent with the relevant guiding principles contained in the plan. The proposal will also be required to comply with the DLWC policy on “Food and Beverage outlets on Crown Reserves”.

 

 

10.  CONCLUSION

 

The development application to restore the existing maritime deck and convert it into an outdoor dining area providing seating for 84 patrons is a suitable form of development, having regard to the objectives and considerations of the relevant Clauses in the Randwick LEP. It is therefore recommended that the application be approved subject to appropriate conditions addressing the potential additional noise generated, hours of operation, waste management and pollution control.

 

RECOMMENDATION:

 

THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.142/02 for permission to rectify the existing maritime deck and install balustrade to provide 24 tables and 84 chairs to provide for an area of outdoor dining at “Pete’s Boatshed” 1609 Anzac Parade La Perouse subject to the following conditions: -                                                                                                                       

 

1.         The development must be implemented substantially in accordance with the plans numbered 0025, dated March 2001, and received by Council on the 22nd February 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 colours, materials and finishes of the external surfaces to the deck are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the street scape.

 

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

 

 

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:

 

3          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.

 

4          No deliveries are to occur between the following hours;

8.00pm        to     7.00am Weekdays

8.00pm        to     8.00am Weekends and Public Holidays

 

5          The hours of operation are limited to the following:

 

10.00a.m      to     5.00p.m Monday - Friday,

 9.00a.m       to     6.00pm Saturday and Sunday

           

Daylight Saving Hours:

 

10.00am       to     5.00pm Monday - Thursday

 9.00am        to     10.30pm Friday, Saturday and Sunday

 

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

 

6          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 Health and Building 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, 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:

 

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

 

8          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 compliance with the Food Act

 

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

 

10        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. The premises must be registered with the Council as a food premises (on an annual basis) prior to the issuing of an occupation certificate.

 

11        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. Additionally, floor materials (including coving) within these areas are to be of a light colour. A floor waste is to be installed in the cool room area so as to prevent water pollution.

 

·          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 particleboard 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.

 

·          Approved wash hand basins (minimum capacity 5 litres) being provided in convenient positions within the production and packaging area. Wash hand basins are to be provided 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. Hand washbasins must be adequately signed so as to ensure that the basin is only used for the washing of hands, arms and face.  

 

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

 

·          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.

 

·          A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius is to be readily accessible to refrigerators, cool rooms, other cooling appliances and bain maries or other heated food storage/display appliances

 

12        The outside dining area must be kept in a clean condition at all times.

 

13        There should be no littering (in particular of cigarette butts) in the outdoor dining area.

 

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

 

14        Access and facilities for people with disabilities must (as a minimum) be provided in accordance with the relevant provisions of the Building Code of Australia.

 

The following conditions are applied to ensure compliance with Councils Code in relation to outdoor dining areas

 

15        The Licensee must comply with the Department of Land & Water Conservation’s Policy on “Food & Beverage Outlets on Crown Reserves” Policy Circular No 2001/03 and any other requirement/directive of the Department that relates to this application.

 

16        The applicant shall meet all costs associated with upgrading the deck to provide outdoor eating area which includes:

 

            a)         Construction of a timber balustrade or similar along the deck edge.

 

b)         Any structural work to the deck or it’s footings and required by the applicant’s qualified drainage engineer

 

17        Prior to operation of the proposed footpath restaurant the applicant/licensee shall enter into a formal license agreement with Council covering the terms and conditions of the outdoors deck dining. The applicant is advised to contact Council’s Asset Compliance Officer, (9399-0899), regarding Council’s requirements for the formal license agreement. The formal license agreement shall not extend pass the expiry date for the lease between the actual Boatshed Café building and the Crowns Land Dept (11th December 2007).

 

18        Prior to Council issuing a formal license agreement with the applicant/licensee covering the terms and conditions of the outdoors deck dining the applicant shall submit details to Council;

 

a)         Showing the location of the proposed garbage area and its ability to contain 4 x 240 litre garbage bins.

 

b)         The garbage area being provided with a tap and hose and the floor being graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

 

c)         Submit to Council a qualified Structural Engineer’s report stating all structural upgrades/requirements for the decking area have been completed to his/her satisfaction.

 

19        The Licensee must keep in full force and effect for the term of the license agreement established, a policy of public risk insurance with respect to the licensed area and the business undertaken by the Licensee therein. The limit of public risk shall be not less than $10,000,000 or such other sum as the Council may reasonably nominate in writing from time to time as the amount which may be paid arising out of any one single accident or event.

 

NOTES:

 

a)   The policy shall extend to cover death or injury to any person and damage to property of any person sustained when such person is using or entering the licensed area.

 

b)   The policy must name the Council as the owner and the Licensee as the insured and must contain a clause that the insurer will not cancel or change the insurance without first given the Council ten (10) days prior written notice.

 

c)   The insurance must be with an insurer approved by the Council and a copy of the policy or a certificate of insurance shall be delivered by the Licensee to the Council

 

20        The Licensee shall indemnify Council for the full duration of the license agreement from and against all claims, demands, writs, etc. as set out in the formal license agreement.

 

21        The style and colour of the furniture to be used in the outdoors dining area shall be in accordance with the Development Control Plan “Restaurants on Public Road Footways, Airspace Above Roads and Public Land”. No advertising or other structures shall be installed without the prior consent of Council. Design details of the proposed furniture shall be submitted to Council for approval, and approved, prior to the execution of a formal license agreement between Council and the Licensee.

 

22        The Licensee shall meet all other requirements of Council’s Development Control Plan “Restaurants on Public Road Footways, Airspace Above Roads and Public Land”.

 

23        The outdoors dining area operator shall ensure that the decking area is maintained free of grease and other foodstuffs at all times.

 

24        The outdoors dining area operator shall, during the term of the agreement with Council, abide with any current of future Council Policy, Resolution or directive relative to the consumption of alcohol in public spaces.

 

25        The Licensee shall abide with any directive given by any utility authority in relation to access requirement to any utility within the proposed lease area.

 

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 D3        - Access for people with disabilities

b)         Part F2         - Sanitary and other facilities

            c)         Suitable balustrade to deck surrounds

 

            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. The applicant is also advised that compliance with these advisory matters may require the lodgement of a Section 96 application to modify the consent.

 

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

A/DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ASSESSMENT OFFICER

 

 

 


 




 

Director Planning & Community Development's Report 63/2002

 

 

SUBJECT:

2 - 4 Frances Street, RANDWICK

 

 

DATE:

29 August, 2002

FILE NO:

D/1230/01

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT     

 

INTRODUCTION:

 

Council at its Ordinary Council Meeting held on Tuesday 23 July 2002 resolved:

 

that this application be deferred to allow for consultation with the NSW Heritage Office in relation to the issue of determining an appropriate curtilage for the heritage items at 2 – 4 Frances Street, Randwick.”

 

A meeting between Council officers and NSW Heritage Office was held on 8 August 2002.  The purpose of the meeting was to brief the NSW Heritage Office of the development proposal and clarify the applicability of the Interim Strategy of the Heritage Council in relation to consultation requirements. 

 

Subsequent to this meeting, the development application was formally referred to the NSW Heritage Office on 9 August 2002.  A letter in response to Council’s referral of the application was received on 21 August 2002 (copy attached).

 

ISSUES:

 

The NSW Heritage Office has advised that the Interim Strategy adopted by the Heritage Council in November, 1997 which 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 remains in force and applies to the development application for 2- 4 Frances Street, Randwick.

 

The NSW Heritage office also points out that in order to avoid the consultation requirement of Clause 45 of Randwick LEP 1998 its must be satisfied that the conditions of the use of the Interim Strategy are met.

 

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.

 

Council’s Heritage Planner advises that in accordance with the Heritage Council’s interim strategy, Council must also take into account advice provided by a person with appropriate skills and experience about the heritage significance of the item and the impact of the application on that significance.

 

The Heritage Items at 2 – 4 Frances Street, Randwick 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 relation to the issue of curtilage, the NSW Heritage Office has advised that the identification of a suitable curtilage needs to be considered in the broader planning context of the applicable development standards and the facilitation of the adaptive reuse of heritage buildings necessary for their ongoing conservation.

 

The subject site is zoned residential 2C, which allows for 3 storey multi-unit housing development.  The visual setting of the heritage items has been diminished by the intrusive post war blond brick residential flat building to the east of the site and other similar styled buildings further to the east and south of the site.

 

The proposed development also involves on adaptive reuse of the heritage items for multi unit housing and strata subdivision. The strata subdivision of the development would allow the owners corporation to set aside an appropriate level of funding towards ongoing conservation works.

 

The NSW Heritage Office has advised that reduced heritage curtilages may be acceptable where the importance aspects of the significance of the items are retained.  The elements of high significance in relation to the Heritage Items at 2 – 4 Frances Street are derived from the buildings’ architectural character, streetscape presentation and formal entries.  These elements are not adversely affected by the reduced curtilage. The massing, proportions and restrained detailing of the proposed contemporary building does not compete with the architectural qualities of the heritage items, is appropriately sited and does not to dominate, overwhelm or crowd the items. 

 

Council’s Heritage Planner has advised that visual linkages between the two buildings, retention of significant vegetation and appropriate scale, form and construction materials have been considered on the assessment of the proposal. The NSW Heritage Office notes that the original form of the heritage items is able to be interpreted and that the streetscape will be substantially retained.

 

The Heritage Office notes that it is unclear whether existing brick paving of the driveways is proposed to be retained. It also suggests that suitable additional landscaping could assist in the presentation of the proposed development. Suitable conditions are included in the recommendation requiring the investigation on the feasibility of retaining the existing brick driveway paving and provide additional landscaping. 

 

State Environmental Planning Policy No.65 (SEPP 65)- Design Quality of Residential Flat Development, was gazetted on 26 July 2002.  The transitional provisions of the SEPP require any residential flat development applications not determined before the date of gazettal be determined in accordance with the design quality principles and the publication Better Urban Living Guidelines for Urban Housing in NSW.  The SEPP has a number of aims including ensuring that residential flat buildings are a long term asset to their neighbourhood. It should be noted that the considerations of SEPP 65 are integral to the Multi-Unit Housing DCP which contains provisions aimed at achieving good design.

 

It is considered that the design of the proposed development contributes positively to the architectural character of the area and is consistent with the principles and provisions of SEPP 65. The development has an appropriate scale to the street and to the heritage buildings and is an appropriate built form for the site. The aesthetics of the proposed building also responds to its context. The proposal achieves an energy efficient design and will provide good amenity for its occupants through the orientation and configuration of its dwellings.

 

CONCLUSION:

 

The NSW Heritage Office has assessed the heritage impact of the proposed development on the curtilage of the heritage items at 2 – 4 Frances Street, Randwick and has not raised any significant concerns.

 

The NSW Heritage Office has also restated its Interim Strategy where consultation requirements of REP’s and LEP’s may be assumed to be satisfied without the need to refer applications involving items of local significance to the Heritage Council.

 

The proposed development achieves a balance between the objectives and standards applicable to a medium density zone, the significance of the heritage items and their ongoing conservation, and the amenity of adjoining and neighbouring residents. 

 

RECOMMENDATION:

 

A.  THAT Council grant development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 1230/2001 for Conversion of existing two dwellings to 8 apartments and construction of a three storey plus basement parking multi unit housing development of 14 apartments and parking for 28 vehicles plus associated strata subdivision at 2 - 4 Frances Street, 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 Acting Director Planning and Environment:

 

1.       Details of External Colours, Material and Textures

 

A schedule, sample board and elevation drawings indicating the proposed colours, materials and textures of the external surfaces of the proposed building and front fencing.  The colours, materials and textures are to be compatible with the surrounding area, incorporating natural, subdued colours and materials, which minimise solar glare and reflectivity. 

Details of the proposed paint scheme are to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being 0issued for the development.  Unpainted surfaces, eg- brickwork/stonework are to remain unpainted.

 

2.         Investigations on the feasibility of retaining the existing brick driveway paving are to be carried out in order to improve the presentation of the existing buildings to the street.  Any replacement paving is to match existing brick driveway paving as closely as possible.  Details of paving shall be to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development

 

3.         Additional landscaping is to be provided to assist in the presentation of the proposed development.  Details of additional landscaping shall be to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

Evidence required to satisfy the above conditions must be submitted to Council within 3 months of the date of this consent in accordance with Clause 95(3) of the Environmental Planning and Assessment Amendment Regulation 1998, or the consent will lapse.

 

Development Consent Conditions

 

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

 

1.         The development must be implemented substantially in accordance with the plans numbered DA01,DA02 & DA05 issue G, DA03 issue H, DA04 issue I, DA06 & DA08 issue F, DA07 issue E and DA12 issue B, dated Sept, 2001 and submitted to Council by 10 July 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 external colours, materials and finishes of the proposal shall be in accordance with the details and plans submitted to and approved by the Director of Planing and Environment pursuant to the deferred commencement condition.

 

3.    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.

 

4.    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.

 

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

 

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

 

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

 

8.    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.

 

9.    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.

 

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

 

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

 

11.  Visitor spaces within the basement level are to be clearly marked, are not to be reallocated to units and must be available at all times for visitor parking.   Vehicular access to the basement car park shall be readily accessible to visitors at all times.  Where a security gate is provided as suitable intercom shall be installed adjacent to the vehicular entrance together with appropriate signage to provide access to the visitor spaces.

 

The following conditions are applied to provide adequate protection for the heritage significance of the site:

 

12.       A Schedule of Conservation Works for the existing buildings at nos.2 and 4 Frances Street shall be prepared in accordance with the principles embodied in the Australia ICOMOS Burra Charter and the methodology outlined in J.S. Kerr=s The Conservation Plan.  This Plan shall be prepared by an architect suitably qualified and experienced in heritage conservation, and shall be to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

       The conservation policies and maintenance program outlined in the Schedule of Conservation Works are to be implemented in conjunction with the proposed development.  An architect suitably qualified and experienced in heritage conservation shall be engaged to oversee the implementation of the endorsed Conservation Plan to ensure the use of technically sound and appropriate techniques.  All work shall be carried out in accordance with the principles of the Australia ICOMOS Burra Charter and to the satisfaction of the Director of Planning.

 

13.  An archival recording of the property shall be prepared and submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  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.

 

14.  The original openings around the entry stairs, which are to be blocked up, should be detailed in such as way as retain evidence of their position.  Details of treatment of original doorway openings is submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development

 

15.  The proposed security gate and covered pergola are to be deleted.  The pedestrian entry is to relocated to relate to the location of existing piers, either directly beside a pair, or centred between them.  Details of the pedestrian entry are to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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:

 

16.  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:

 

17.  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:

 

18.  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.

 

19.  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.

 

20.  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:

 

21.  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.

 

22.  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 above stated 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:

 

23.  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.

 

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 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.

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.

 

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.

 

29.  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. 

 

30.  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.

 

31.  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.

 

32.  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

 

33.  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.

 

34.  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 construction 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.

 

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 and Building Services.

 

36.  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.

 

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.

 

39.  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”.

 

40.  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.

 

41.  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.

 

42.  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 storm water drainage system.

 

43.  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.

 

44.  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.

 

45.  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.

 

46.  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:

 

47.  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:

 

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

 

a)         $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.

 

49.  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)         $2000.00         -           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:

 

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

 

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

 

b)   Reconstruct the existing vehicular crossings with 5.0 metre wide concrete heavy duty vehicular crossings and laybacks at kerb opposite the two vehicular entrances to the site.

 

c)   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.

 

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

 

e)   Carry out a full depth, 1.5 metres wide, road construction in front of the kerb and gutter along the full site frontage.

 

51.  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.

 

52.  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.

 

53.  All walls along the front alignment that are adjacent to vehicular crossings should 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. Note that any alterations to the front stone fence will need to be assessed and designed by a heritage architect.

 

54.  A work zone is to be provided to Frances St and details of the work zone location and the prescribed fee for the installation of a “work zone” having a minimum length of 12 metres must be paid to Council at least four (4) weeks prior to the commencement of building works.

 

55.  The two vehicular driveways that will service the below ground carparking areas should be 5.0 metres wide for the first 5.0 metres within the development site and located at least 0.5 metres clear of the side property boundaries.

 

56.  The internal driveway level, within the first 5.0 metres, must be a minimum of 100mm above Council's issued alignment levels.

 

Note that a suitable change in the gradient to allow for satisfactory vehicular access (i.e. 1 in 10 maximum change of gradient every 1.4 metres or alternatively 1 in 16 over 1.0 metres).

 

A longitudinal section of the driveway must be provided with the construction certificate plans, at a scale showing dimensions, gradients and reduced levels along the extremities and the centreline of the driveway, detailing compliance with Council’s issued alignment levels and the maximum permissible driveway gradients.

 

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

 

57.  The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be as follows:

 

50mm above the top of the kerb at all points opposite the kerb, along the full site frontage. (note that the alignment levels adjacent to the eastern driveway may be required to be varied to match the existing Council footpath level at the eastern side property boundary)

 

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

 

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

 

59.  The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $496.00 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:

 

60.  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.

 

61.  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.

 

62.  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:

 

63.  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 issue, 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 (i.e. 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.

 

64.  On-site detention must be provided to ensure that the maximum discharge from the above site is not to 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 above 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.

 

Note that prior to the stormwater discharging to the kerb and gutter the stormwater must also be piped to a 5 square metre, (base area) absorption trench with an overflow pipe drained to the kerb and gutter. The absorption trench must be a minimum of 2.1 metres from the adjacent common property boundaries.

 

65.  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.

 

66.  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.

 

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

 

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

 

69.  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).

 

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 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 i.e. PVC or EW etc

e)         orifice size (if applicable)

 

72.  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.

 

73.  Two covered car washing bays shall be provided for this development.

 

a)         The car washing bays must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to a construction certificate being issued for the proposed development.

 

b)         The car washing bays must be located outside any required/approved stormwater detention system and must be suitably signposted.

 

c)   The car washing bay/s must be constructed with a minimum 20mm bund around the perimeter of the car washing bays (or equivalent)

 

d)   A water tap shall be located adjacent to the car washing bays.

 

74.  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).

 

75.  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.

 

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 storage area is 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.

 

78.  The garbage room areas will have to be designed so as to be able to contain a total of 24 x 240 litre bins (12 garbage bins & 12 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.

 

79.  Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for both the residential and commercial components of the development site, post construction.

 

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

 

80.  A “restriction as to user and positive covenant” must be placed on the title of the subject property in conjunction with the registration of any future plan of subdivision or strata subdivision for this property.  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.

 

81.  The applicant shall provide Council with a survey plan of the property prior to receiving strata subdivision approval.

 

82.  The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to the finalisation of the strata subdivision.

 

83.  The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

84.  Prior to release of the Plan of Strata Subdivision the applicant shall provide Council with a subdivider/developer certificate for the proposed lots.  The certificate is obtained from Sydney Water.

 

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

 

85.  The landscaped areas shown on the plan DA03 dated September 2001, 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.         The landscape plan shall show a minimum number of 8 x 100 litre broad canopied trees (not palms) suitably located along the southwestern boundary of the site. The trees selected shall be of a species that attain a minimum height of 4 metres at maturity.

 

The landscape plan shall show a minimum number of 8 x 100 litre broad canopied trees (not palms) suitably located along the southeastern boundary of the site. The trees selected shall be of a species that attain a minimum height of 4 metres at maturity.

Alternatively, the landscape plan shall show the retention of the existing Cupressocyparis leylandii (Leyland Cypress) hedge located along the southeastern boundary of the site.

 

h.         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.

 

i.          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.

 

86.  In order to prevent the encroachment of motor vehicles into the landscaped areas a 150mm high concrete edge shall be constructed between the landscaped areas and roadway. Such works shall be installed prior to the issue of the Occupation Certificate.

 

87.  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.

 

88.  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.

 

89.  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.

 

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

 

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

 

91.  Any substation required shall 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.

 

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

 

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

 

Tree Management

 

93.  Approval is granted for the removal of the following trees subject to the planting of 3 x 200 litre broad canopied replacement trees (not palms) along the northwestern boundary of the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.   One specimen of Populus nigra ‘Italica’ (Lombardy Poplar) located along the western boundary of the site (within no.2 Frances Street).

 

b.   One specimen of Populus deltoides (American Poplar) located towards the northwestern boundary of the site (within no.2 Francis Street).

 

94.  Approval is granted for the removal of the following trees subject to the planting of 2 x 800 litre broad canopied replacement trees (not palms) along the northwestern boundary of the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.   One specimen of Populus deltoides (American Poplar) located along the western boundary of the site (within no.2 Frances Street), close to the existing garage.

 

b.   One specimen of Jacaranda mimosifolia (Jacaranda Tree) located towards the western boundary of the site (within no.2 Francis Street).

 

95.  Approval is granted for the removal of the following tree subject to the planting of 2 x 400 litre broad canopied replacement trees (not palms) along the northern boundary of the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.   One specimen of Acer negundo (Box Elder) located along the western boundary of no.4 Francis Street.

 

96.  Approval is granted for the removal of the following trees subject to the planting of 1 x 200 litre broad canopied replacement tree (not palm) along the northeastern boundary of the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.     Two specimens of Schefflera actinophylla (Umbrella Tree) located along the eastern boundary of the site (within no.2 Francis Street).

 

97.  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.

 

Tree Protection Measures

 

98.  In order to ensure the retention of the two Populus nigra ‘Italica’ (Lombardy Poplar) and three Cinnamomum camphora (Camphor laurel) located along the eastern boundary of the site (within no.4 Francis Street) and the Brachychiton acerifolius (Illawarra Flame Tree) located towards the south western boundary of site (within no.2 Frances Street) 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 4 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

99.  The applicant shall be required to engage an arborist and structural engineer to provide details of the proposed driveways showing a suitable method to minimise damage to the trees root systems. Such details shall be shown on the detailed engineering documentation and shall be submitted to, and approved by a certifying authority or, prior to the issue of a construction certificate.

 

100.     In order to ensure the retention of the Jacaranda mimosifolia (Jacaranda Tree) and the Araucaria cunninghamii (Hoop Pine) located along the north eastern boundary of the site (within no.4 Francis Street) and the Corymbia citriodora (Lemon Scented Gum) located at the rear of no.4 Francis Street 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.

 

c.         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 trunks.

 

A foundation wall should be put in place before any excavation commences by using a screw pole on a pier or other suitable methods. Details of the proposed method shall be submitted to, and approved by a certifying authority prior to the issue of a construction certificate. If any excavation takes place before the area is stabilised, the soil from the Protection Zones will fall into the trench. This will result in the loss of root material in the Tree Protection Zones and cause possible loss of soil and destabilise the trees.

 

d.         The trees are to be physically protected by the installation of protective fencing around the trees using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 1.5 metres from the outside edge of the tree trunks.

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

 

e.         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.

 

f.          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 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.

 

g.         The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

h.         Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point i.

 

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

 

101.     In order to ensure the retention of the Lophostemon confertus (Brush Box) located towards the front of no.2 Francis Street, along Council’s nature strip, the Lophostemon confertus (Brush Box) located towards the front of no.4 Francis Street, along Council’s nature strip and the Lophostemon confertus (Brush Box) located west of no.2 Francis Street, along 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 specimens with the position of the tree trunks and full diameter of the tree canopies clearly shown on all drawings.

 

j.          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 2 metres from the outside edge of the tree trunks.

 

k.         The trees are to be physically protected by the installation of protective  fencing around the trees using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 1.5 metres 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.

 

l.          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.

 

m.        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 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.

 

n.         The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

o.         Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point i.

 

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

 

q.         A refundable deposit in the form of cash, cheque or bank guarantee of $43,900.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

QUANTITY

SPECIES

AMOUNT

1

Brachychiton sp. (Illawarra Flame Tree)

$3,000.00

1

Jacaranda mimosifolia (Jacaranda Tree)

$5,500.00

1

Araucaria cunninghamii (Hoop Pine)

$6,100.00

1

Corymbia citriodora (Lemon Scented Gum)

$6,100.00

2

Populus nigra ‘Italica’ (Lombardy Poplar)

$3,100.00

3

Cinnamomum camphora (Camphor laurel)

$13,500.00

3

Lophostemon confertus (Brush Box)

$6,600.00

 

TOTAL

$43,900.00

 

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.

 

102.     A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $23,000.00 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 Occupation Certificate or 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.

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

 

103.     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                              $20,490

b)   for the provision or improvement of community facilities                    $9,059

c)   Administration fee                                                                               $425

 

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.

 

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.

 

A2     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 D1            -           Provisions for escape

            c)         Clause D1.4     -           Exit travel distances

            d)         Part E2             -           Smoke Hazard Management

            e)         Part E3             -           Lift Installations

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

g)         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:

 

1.  NSW Heritage Office's letter dated 9 August 2002

2.  Director Planning & Community Development's Report dated 23 July 2002

3. A4 reduced plans.   

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

KERRY KYRIACOU

A/DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

A/MANAGER ASSESSMENT DEVELOPMENT

 







 

Director Planning & Community Development's Report 42/2002

 

 

SUBJECT:

2-4 FRANCES STREET, RANDWICK

 

 

DATE:

18 July, 2002

FILE NO:

D/1230/2001

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT    

 

INTRODUCTION:

 

Attached is the Development Assessment Report for Development Application D/1230/2001 2-4 Frances Street, Randwick for conversion of existing two dwellings to 8 apartments and construction of three storey plus basement parking multi-unit housing development of 14 apartments and parking for 28 vehicles plus associated strata subdivision for Councils consideration and determination.

 

RECOMMENDATION:

 

That Council consider and determine the development application in accordance with the recommendation contained in the attached report.

 

ATTACHMENT/S:

 

1.  Development Application Report dated 18 July 2002.

2.  A4 Plans   

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

KRISTY IDLE

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 


Development Application Report

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

18 July, 2002

FILE NO:

D/1230/2001

 

PROPOSAL:

 Conversion of existing two dwellings to 8 apartments and construction of a three storey plus basement parking multi unit housing development of 14 apartments and parking for 28 vehicles plus associated strata subdivision.

PROPERTY:

 2 - 4 Frances Street, Randwick

WARD:

 North Ward

APPLICANT:

 Frances Street P/L

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee for determination at the request of Councillors Greenwood, Matson and Tracey.  The application is valued at $1,950,000.

 

Forty-four submissions by way of objection to the proposal have been received, and a petition with 170 names was submitted also in objection to the proposal.  The main concerns raised in the objections relate to the impact upon the heritage listed dwellings located on the site, visual bulk and scale of the proposed building, traffic and parking concerns, privacy and overshadowing.  These concerns are considered to represent the main issues with the proposal, and are addressed within the body of this report.

 

The proposed development complies with Council’s controls contained within the LEP and DCP – Multi Unit Housing, except for the rear and side setbacks of the building.  A departure from the preferred solution for the rear and side setbacks is considered acceptable as the proposed development meets the performance objectives and non compliance will not result in an adverse impact upon the adjoining properties.  The proposed building and changes to the existing buildings are considered to have a satisfactory impact upon the heritage qualities of the existing buildings.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to convert the existing two dwelling houses on site to eight apartments, and to erect a three storey multi unit housing building containing fourteen units and basement parking, located in the rear half of the subject site behind the existing dwelling houses.  All three buildings are proposed to be strata subdivided. 

 

The rear portion of the existing dwelling at No.2 Frances Street is proposed to be demolished, and the swimming pool located at the rear of No.4 Frances Street is proposed to be removed. 

 

Each of the buildings will contain the following:

 

2 Frances Street

 

Level One:             2 one-bedroom units and ground level courtyards

Level Two:            1 one bedroom unit, 1 two bedroom unit

Level Three:          bedrooms and bathrooms of the Level Two units, located within (attic level) the roof space of the existing dwelling

 

4 Frances Street

 

Ground level:         1 one bedroom unit, 1 two bedroom unit and courtyards

First Floor:            1 one bedroom + study unit, 1 two bedroom unit

 

Proposed building

 

Basement Level 1:      18 parking spaces and lift motor room, accessed by a driveway located along the western property boundary

Basement Level 2:      13 parking spaces and garbage area, accessed by a driveway located along the eastern property boundary

Level One:                   4 one bedroom units and balconies

Level Two:                  5 one bedroom units and balconies

Level Three:                3 one bedroom units, 1 two bedroom unit and balconies

 

The site is proposed to be landscaped in accordance with the landscape plan submitted with the application.  Several trees located on the perimeter of the site are proposed to be retained, and a row of six Jacaranda trees are proposed to be planted along the northern (rear) property boundary.  A pathway will run through the centre of the site, between the existing two dwellings to provide pedestrian access to the proposed building at the rear.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the northern side of Frances Street, Randwick, between its intersections with Prince Street and Church Street.  The site comprises two allotments, with a combined frontage to Frances Street of 30.085m, a depth of 55.895m on the western property boundary, a depth of 39.625m on the eastern property boundary and a total site area of 1619.4 sqm.

 

Presently the site contains two dwelling houses, which are listed in Schedule 3 of the Randwick LEP 1998 as being heritage items.  The two dwellings are Federation arts and crafts style two storey dwellings, and were constructed c1920. 

 

Surrounding the site are multi storey residential flat buildings, and a heritage listed electricity substation at 2s Frances Street, to the west of the subject site.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A pre-lodgement meeting was held on 15 October 2001. 

 

The application was lodged on 21 December 2001.  Following discussions with Council officers, the applicant has submitted amended plans to Council which were renotified to neighbouring residents on 4 June 2002.  Amendments to the design included reduction in the number of proposed units at the site from 23 to 22 units, increased separation between the proposed building and the existing buildings, and altering the façade design elements of the proposed building to simplify the building footprint and articulate the elevation to the  street.

 

Further minor amendments to the scheme were submitted to Council on 10 July 2002.  These plans are the subject of this report.

 

b.    HISTORY OF SITE USEAGE

 

The dwelling at No.2 Frances Street was constructed prior to 1920, and was subdivided into two occupancies during the 1920s.  Council records indicate the following applications were made in respect of this property:

 

69/00247/BZ       Carport, approved 1/1/69

90/00373/DA       Convert a portion of dwelling house for use as a child care centre for 28 children, approved 7/3/91

91/00200/BZ       Alterations and additions to child care centre, approved 20/5/91

92/00531/DZ       Alterations and additions to child care centre and residence, approved 5/2/93

93/00186/BZ       Alterations and additions to child care centre, approved 10/3/93

99/00974/GE       Additions and alterations to existing child care centre and dwelling to convert into four dwellings and to strata subdivide the building into four lots, refused 23/11/99

00/0059/GE         Conversion of the existing child care centre and dwelling into two dwellings and Strata Subdivision

 

The dwelling at No.4 Francis Street was constructed in approximately 1914, and was also subdivided into two occupancies during the 1920s.  Council records indicated the following applications were made in respect of this property:

 

67/00407/BZ       Garage, approved 1/1/67

70/00250/BZ       carport, approved 1/1/70

71/00142/BZ       Laundry, approved 1/1/71

89/00739/BZ       Alterations and additions to dwelling house, approved 22/9/89

95/00411/DZ       To construct 3 storey residential flat building containing 7 dwellings, refused 6/12/96

96/00061/LB       Demolish 2 storey brick dwelling, refused 18/6/96

98/00882/GC       Inground swimming pool, approved 11/11/98

99/01417/GB       Alterations and additions to dwelling, approved 10/2/00

00/00183/JB        Alterations and additions, approved 13/3/00

 

5.    COMMUNITY CONSULTATION:

 

The proposal was notified and advertised on 15 January 2002, and the amended plans were renotified and advertised on 4 June 2002 in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

5.1  Objections received in response to initial notification of application

 

32 letters of objections were received in response to the initial notification of the application in January 2002 from the following people: 

 

1      Kathy Neilson, 3 Carlton Cres, Randwick

2      Dimitry Belakhov, 55/6 Frances St, Randwick

3         R Stinson, 39 Cowper St Randwick

4      John Fuller, 3 Shackel Ave, Concord  2137

5      D Mitchell, 10/31 Prince Street, Randwick

6      JM Blanco, PO Box 163, Kingsford 2032

7      R Berger, 9/31 Prince Street, Randwick

8      A Hurwitz & S Gabai 5/37 Church St Randwick

9      A Bridges, 10/29 Prince St, Randwick

10    J Hardiman, 7/29 Prince St, Randwick

11    K G Stevens, 7/89-91 Dangar St Randwick

12    J Gates, 71/6 Frances St Randwick

13    D & J Brophy, 32 Cowper St Randwick

14    J Zajac, 61/6-8 Frances St Randwick

15    Moyna Tay, 15/29 Prince St Randwick

16    J Montgomery, 4/29 Prince St Randwick

17    M Fagueret, 50/6-8 Frances St Randwick

18    W H Coggill, 77/6-8 Frances St Randwick

19    M Lai, 996 Henry Lawson Dr, Padstow Heights  2211

20    P Pothi, 2/31 Prince St Randwick

21    B Vesperman, 17/30 Cowper St Randwick

22    J Grounds, 69/6-8 Frances St Randwick

23    J Tennant, 64/6-8 Frances St Randwick

24    Brenda Palmer, 3/29 Prince St Randwick

25    N Hall, Chairperson Executive Committee 6-8 Church St, Randwick

26    J O’Farrell, Chairperson Randwick Precinct Committee, PO Box 13, Randwick

27    J Upton, 25/8 Church Street, Randwick

28    SC Lim, 66/6-8 Frances St, Randwick

29    R Cresdee, 65 Doncaster Ave, Kensington

30    W Cumming, 11/31 Prince St Randwick

31    L Tait, 10/31 Prince St, Randwick

32    A Love, 7/31 Prince St, Randwick

 

The objections raised in these letters are similar to those that are listed below and addressed in the body of this report.  The concerns primarily relate to heritage impact, privacy and noise impacts, traffic and parking concerns, overshadowing and overdevelopment of the area.

 

5.2  Objections received in response to re-notification of application

 

Anne Love, 7/31 Prince Street, Randwick:

§ The development will infringe upon the privacy of No.29 & No.31 Prince Street.

§ The development will exacerbate the significant traffic management problems in the area.

§ Noise generated by construction of the development will have a detrimental effect upon the quality of life of nearby residents.

§ The proposed development is a gross overdevelopment of two suburban blocks.

 

P Mitchell & L Tait, 10/31 Prince Street, Randwick:

§ The development will infringe upon the privacy of No.29 & No.31 Prince Street.

§ The development will exacerbate the significant traffic management problems in the area.

§ Noise generated by construction of the development will have a detrimental effect upon the quality of life of nearby residents.

§ The proposed development is a gross overdevelopment of two suburban blocks.

 

J O’Farrell, PO Box 13, Randwick

§ Previous objections continue.

§ The developer has ignored that a garden element is necessary in the Arts and Crafts Style of housing.

§ The two houses should remain zoned as 2A-2B

 

J Upton, 25/8 Church St, Randwick:

§ The Council should preserve historic homes, not allow the area to become saturated with high and medium density units.

§ Reduction of privacy to adjoining developments.

§ Noise level due to cars and garages of the proposed development.

§ Loss of light and green space between Prince, Cowper and Francis Streets.

 

J Montgomery, 4/29 Prince Street, Randwick:

§ The excavation for the basement carpark will affect the stability of the sub strata of the land and could result in subsidence and drainage problems.

§ Noise of vehicles using the proposed vehicular access ramp.

§ Screening plants along boundary in the planter boxes will be restricted which will reduce privacy to adjoining properties.

§ The balconies and windows facing west will reduce privacy of adjoining property.

§ The proposed development will increase demand on street parking, increase street rubbish and increase in noise level.

§ The development will affect the value of adjoining properties due to overdevelopment of the Randwick Heritage area.

 

N Hall, Chairperson Executive Committee, 6-8 Church St, Randwick:

§ Reaffirm views in previous submission.

§ The existing additions to the heritage buildings are reversible, the proposed development is not.

§ The reduction in units is minimal and car spaces in the basement remains the same.

 

B Palmer, 3/29 Prince Street, Randwick:

§ The proposed subdivision of the heritage houses shows a lack of understanding for Randwick Heritage.

§ The proposed unit building does not diversify housing types within the area as a great number of unit buildings have recently been constructed ion the area.

§ The development of the houses into units would destroy the unique architectural style of the interiors.

§ The amended plans do not address the heritage nature of the site and the importance of the flora to the building site.

§ The amended plans do not address the inappropriate design of the new building.

§ The general amenity to this historic streetscape will be affected by the proposed development.

§ The amended plans do not address the proximity of the proposed building to No.29 Prince Street.

§ Noise and fumes from the carpark will have a detrimental impact.

§ Privacy and outlook from No.29 will be severely compromised.

 

R Cresdee, 65 Doncaster Ave, Kensington:

§ Proposal should be rejected as it is unsympathetic with the character of the houses.

§ The gardens of the house are an integral part of their heritage value and little would remain after the proposed construction.

§ This neighbourhood area already has a high population density and further removal of trees and space will have a dramatic affect on residents.

§ Adjoining residents will lose their outlook, feeling of space, privacy and quiet.

§ Proposed trees to be planted on the rear boundary will be unlikely to grow to maturity as they are planned to plant within 3m of the building, and existing trees are unlikely to survive.

§ The proposal to break up the heritage houses into 4 flats each will require significant modification to the fabric of the properties.

 

S C Lim, 66/6-8 Frances Street, Randwick:

§ The development will infringe on the privacy of adjoining buildings.

§ The noise generated by the new building will affect residents in the immediate vicinity.

§ The proximity of the deep underground carpark and building will ensure the death of the mature trees.

§ The heritage values and charm of the two listed properties will be lost with the destruction of their gardens.

§ The bulk of the new building will have a negative impact on the heritage buildings.

§ The carpark ramps will run both sides of the houses and isolate them from the neighbourhood and the adjoining heritage substation.

§ The proposal will mean more car movements and more problems with on street car parking.

§ The proposed development does not add anything to the neighbourhood.

§ No facilities for children to play is proposed and the development will see a loss of diversity in the neighbourhood.

 

Randwick Precinct Committee, J O’Farell, 6 Carey St Clovelly:

§ The proposed development will have a strong impact on the streetscape and weaken the overall effect of the two houses.

§ The proposed units are not considered to have any architectural merit and do not blend with the character of the two houses.

§ The proposed development is much too close to some of the mature trees that provide privacy between the site and the adjoining property, and these trees are likely to die as a consequence of this proposed development.

 

 

 

A Simpson, 6/10 Frances Street, Randwick:

§ The limited land area has forced the proposed structures close to other buildings.

§ The proposal will contribute to the traffic problems of the area.

§ Potential flood problems as the area is a natural gully.

§ Residents are to be subjected to destruction of heritage and the noisy replacement of homes with multi unit developments.

 

J Trainer, 9/29 Prince Street, Randwick:

§ The boundary fence between the subject site and No.29 Prince Street is falling down and should be replaced as part of the development. 

 

In addition to individual letters of objection, a petition containing 170 names was submitted to Council by B Palmer, 3/29 Prince Street, Randwick, raising objection to the development application for the following reasons:

 

§ The proposal is not in the public interest.

§ The proposal would have an adverse effect on the heritage significance of the two heritage buildings and the amenity of the garden locality in which they stand.

§ The proposal would have a negative impact on the amenity of the surrounding neighbourhood, (rising noise levels, increased traffic)

§ The proposal will compromise our residential environment

§ The proposal does not comply with the objectives of the LEP for a variety of housing types within the residential area.

 

5.3  Support

 

No submissions in support of the application were received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Building and Construction Issues

 

Satisfactory subject to appropriate conditions of consent.

 

6.2  Landscape Issues

 

An Arborist’s Report has been submitted in regards to the trees located within the development site. The following landscape comments and conditions have taken into account the findings of the Arborist Report.

 

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

 

One specimen of Brachychiton acerifolius (Illawarra Flame Tree) located towards the south western boundary of site (within no.2 Frances Street). This tree is in the order of approximately 16m in height is a significant species in the Randwick area and appears to be in good condition. This tree also provides screening from the adjoining property. As such, this tree should be retained and tree protection measures will be required during construction.    

 

One specimen of Populus nigra ‘Italica’ (Lombardy Poplar) located along the western boundary of the site (within no.2 Frances Street). This tree is in the order of approximately 17m in height appears to be in average condition with a severely lopped trunk and provides some screening from the adjoining property to the west. As such, permission is granted for the removal of this tree subject to one replacement tree (not palm) planted along the western boundary of the site.    

 

One specimen of Populus deltoides (American Poplar) located along the western boundary of the site (within no.2 Frances Street), close to the existing garage. This tree is in the order of approximately 18m in height appears to be in good condition and provides excellent screening from the adjoining property to the west. This tree is in direct conflict with the proposed driveway. Given that the location of the driveway is constrained by the existing building and boundary of the site, permission is granted for the removal of this tree, subject to one replacement tree (not palm) being planted along the western boundary of the site.    

 

One specimen of Schefflera actinophylla (Umbrella Tree) located along the western boundary of the site (within no.2 Francis Street), close to the existing garage. This tree is in the order of 6m in height and appears to be in good condition. Permission is granted for the removal of this tree.  

 

One specimen of Jacaranda mimosifolia (Jacaranda Tree) located towards the western boundary of the site (within no.2 Francis Street). This tree is in the order of approximately 12m in height appears to be in excellent condition and provides excellent screening from the adjoining property to the west. This tree is in direct conflict with the proposed driveway and basement car park. Given that the location of the driveway is constrained by the existing building and boundary of the site, permission is granted for the removal of this tree, subject to one replacement tree (not palm) being planted along the western boundary of the site.    

 

One specimen of Populus deltoides (American Poplar) located towards the north western boundary of the site (within no.2 Francis Street). This tree is in the order of approximately 16m in height appears to be in average condition and is poorly located near an existing retaining wall to the west.

In relation to the American Poplar Tree the arborist’s report states the following:    

 

-   This tree has a very short Safe Useful Life Expectancy (SULE). Even if no development was to take place on the site, then this individual tree is likely to live less than another 15 years and probably less than 10 years. It is likely that as it ages it would need to be removed for safety reasons from structural breakdown from fungal decay.

-   This tree has a retaining wall as a barrier on the adjoining property about 1.5m from the trunk of the tree. It is possible that this tree may cause structural damage to the retaining wall. 

-   This tree leans to the west so to sever major roots on the eastern side poses a risk to the tree’s stability. 

 

Given the findings of the arborist report, permission is granted for the removal of this tree on the condition that one replacement tree (not palm) is planted along the western boundary of the site. 

 

One specimen of Persea americana (Avacado Tree) located along the north eastern boundary of the site (within no.2 Francis Street). This tree is in the order of approximately 6-7m in height and appears to be in average condition. Permission is granted for the removal of this tree.    

 

Two specimens of Schefflera actinophylla (Umbrella Tree) located along the eastern boundary of the site (within no.2 Francis Street). These trees are in the order of approximately 10-12m in height and appear to be in good condition. Permission is granted for the removal of these trees subject to one replacement tree (not palm) being planted within the site.

 

One specimen of Ficus benjamina (Weeping Fig) located along the western boundary of no.4 Francis Street. This tree is a multi-trunked specimen, approximately 6 metres in height and in reasonable health. Permission is granted for the removal of this tree.

 

One specimen of Acer negundo (Box Elder) located along the western boundary of no.4 Francis Street. This tree is in the order of approximately 10m in height and appears to be in very good condition. This tree is direct conflict with the proposed building and basement car park. As such, permission is granted for the removal of this tree subject to one replacement tree (not palm) being planted within the site.     

 

One specimen of Jacaranda mimosifolia (Jacaranda Tree) located along the north eastern boundary of the site (within no.4 Francis Street). This tree is in the order of approximately 10m in height and appears to be in very good condition. This tree provides excellent screening from the apartments on the adjoining property to the east. This tree should be retained and tree protection measures will be required during construction.

 

One specimen of Araucaria cunninghamii (Hoop Pine) located along the north eastern boundary of the site (within no.4 Francis Street). This tree is in the order of approximately 16m in height and appears to be in very good condition. This tree provides adequate screening from the apartments on the adjoining property to the east. This tree should be retained and tree protection measures will be required during construction.

 

One specimen of Corymbia citriodora (Lemon Scented Gum) located at the rear of no.4 Francis Street. This tree is in the order of approximately 15m in height and appears to be in very good condition. This tree provides some screening from the adjoining property to the east. This tree should be retained and tree protection measures will be required during construction.

 

Two specimens of Populus nigra ‘Italica’ (Lombardy Poplar) located along the eastern boundary of the site (within no.4 Francis Street). These trees are in the order of approximately 15-16m in height and appear to be in good condition. These trees provide some screening from the adjoining property. These trees should be retained and tree protection measures will be required construction. 

 

Three specimens of Cinnamomum camphora (Camphor laurel) located along the eastern boundary of the site (within no.4 Francis Street). These trees are in the order of 10-12m in height appear to be in good condition and provide effective screening from the apartments to the east. These trees should be retained and tree protection measures will be required construction.    

 

One specimen of Persea americana (Avacado Tree) located at the front of no.2 Francis Street along the sandstone wall to the east. This tree is in the order of 6-7m in height and is in good condition. The plans show the retention of this tree and as such should be retained as part of this application.

 

One specimen of Stenocarpus sinuatus (Firewheel Tree) located at the front of no.2 Francis Street along the sandstone wall to the east. This tree is in the order of approximately 9m in height and appears to be in good condition. This tree is relatively rare in the Randwick area and as such should be retained as part of this application.     

 

One specimen of Lophostemon confertus (Brush Box) located towards the front of no.4 Francis Street, along Council’s nature strip. This tree is in the order of approximately 7m in height appears to be in good condition and has been slightly pruned to accommodate for overhead street wires. This tree provides effective street planting and as such should be retained as part of this application.

 

One specimen of Lophostemon confertus (Brush Box) located towards the front of no.2 Francis Street, along Council’s nature strip. This tree is in the order of approximately 7m in height appears to be in good condition and has been slightly pruned to accommodate for overhead street wires. This tree provides effective street planting and as such should be retained as part of this application. Tree protection measures will be required during construction.

 

One specimen of Lophostemon confertus (Brush Box) located towards the front of no.4 Francis Street, along Council’s nature strip. This tree is in the order of approximately 6m in height appears to be in average condition and is poorly located near an existing power pole and has been pruned to accommodate for overhead street wires. This tree contributes to the existing street planting and as such should be retained as part of this application. Tree protection measures will be required during construction.

 

One specimen of Lophostemon confertus (Brush Box) located towards the west of no.2 Francis Street, along Council’s nature strip. This tree is in the order of approximately 7m in height and appears to be in good condition. This should be retained and tree protection measures will be required during construction.

 

 

 

6.3  Drainage Issues

 

Onsite detention of stormwater is required for this application.

 

6.4  Traffic and Parking Issues

 

The average traffic generation for the proposed residential development consisting of 23 residential units will be in the range of 86 to 115 vehicle movements per day.

 

The expected peak flow volume of approximately 12 vehicles per hour is considered moderate and no delays should be experienced in Frances St as a result of this development.

 

6.5  Heritage Issues

 

The subject site is occupied by a pair of detached two storey villas, listed as heritage items under Randwick Local Environmental 1998.

 

Original application description- to retain each of the heritage items, converting them to residential flat buildings, comprising two units on each level, one of these extending into the existing attic of no.2 Frances Street.  A new three storey residential flat building was proposed to the rear of the existing buildings comprising five units on each level, a total of 15 units.  Two levels of basement and semi-basement carparking were also proposed. 

 

Original application concerns- my original memo raised concerns in relation to the impact of the two driveways providing access to basement parking, the proximity of the new buildings to the heritage items, the scale of the new buildings in relation to the heritage items, the impact of internal works on the heritage significance of existing dwellings, and the form and massing of the new building.  These issues were discussed at several subsequent meetings, including one held on site.

 

The application has been accompanied by a Heritage Impact Assessment Report, prepared by Graham Brooks and Associates.  The Statement of Significance concludes that the buildings have local historical significance, and are good examples of the Arts and Crafts style, among the few remaining in the immediate area, which are highly values by the local community. The Report notes that the internal layout of the rooms around the entry stair and the original timber joinery to the front section of the houses is of moderate significance.

 

Amended application description- as compared to the original proposal, the amended drawings somewhat reduce the size of two of the units closest to no.2 Frances Street and delete the topmost unit in this area, increasing the distance between the heritage item and the new development.

 

Amended application concerns-

My subsequent memo raised concerns in relation to inappropriately blank elevations to the new building, that a number of elements of the proposed new building including the asymmetrical “bay window”, glass block openings to the southern elevation, and the proposed strip balconies, as well as proposed materials did not relate to the existing buildings and that the proposal to subdivide the existing dwellings into four flats will result in considerable change to the fabric of existing dwellings which will detract from their heritage significance.

 

A further meeting was held to discuss these issues with the applicant.

 

Current application description- amended drawings have now been received which have redesigned the internal (south) elevation of the new building, and which make a number of changes to the internal layout of the existing dwellings.  A sample board has also been submitted.

 

·    The amended internal elevation which has been submitted has better articulated the wall of the building which faces the existing dwellings, without increasing amenity impacts.  The amended elevations have deleted a number of elements which competed with the character of the existing dwellings.  A sample board has been submitted indicating the use of a dark brick base to the ground floor level and a light brick to the upper levels.  The amended materials and details better relate to the existing dwellings.

 

·    The amended plans have deleted partitions subdividing a number of the main rooms and have redesigned the treatment of the living area of the unit 2 on the ground level of no.2 Frances Street to better allow the interpretation of the rear wall of the dwelling.  The proposed amendments better maintain the integrity of the original fabric of the heritage items.  The original openings around the entry stairs which are to be blocked up should be detailed in such as way as retain evidence of their position.  There are no heritage objections to the retention of the enclosures to upper level balconies given their south facing orientation.

 

·    The ground floor plan and Frances Street elevation indicate a new covered pergola and security gate.  The position of the security gate does not relate to the location of existing piers in the fence and the high gate and covered “pergola” will interrupt the continuity of low fencing to the front boundary.  The proposed “new stone wall to match existing” is considerably higher than the existing stone fence and the detail of the stonework does not relate to the detail of the existing piers.  It is suggested that the pedestrian entry be relocated to relate to the location of existing piers, either directly beside a pair, or centred between them.  The high security gate and covered pergola should be deleted.

 

Conditions should be included in the consent in relation to the proposed development.

 

7.    MASTER PLANNING REQUIREMENTS

 

The subject site is less than 4000sqm in area and is therefore not subject to the master planning requirement.

 

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)

-     State Environmental Planning Policy No.1 – Development Standards

-     Building Code of Australia

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 2B residential 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

1619.3sqm

N.A

31 - Landscape Area

 

 

 

 

 

 

50% of site area

 

Landscaping above podiums not to exceed 50% of required landscaped area

 

50%

 

19%

 

 

 

 

 

Yes

 

Yes

 

 

 

 

32 – FSR

0.9:1

0.88:1

Yes

33 - Building Height

 

 

 

 

 

 

 

 

Overall max height 12m

 

 

External wall height 10m

 

 

 

Overall max height 10.6m new building, 10.8m existing buildings

 

10m

 

 

 

Yes

 

 

 

Yes

 

 

 

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

No

N.A

43

Heritage Item of Conservation Area

Yes

Satisfactory – see Section 6.5 of report

46

Vicinity of Heritage Item

Yes

Satisfactory – see section 6.5 of report

 

a.       Development Control Plan Multi Unit Housing

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (how applicant has achieved performance requirements of performance solutions)

 

BUILDING SETBACKS

 

Front  boundary setbacks

P1        The front setback consistent  with streetscape/adjoining dwelling.

Side boundary setbacks

P2        Ensure that:

·      solar access is maintained and overshadowing minimised.

·      privacy between neighbouring dwellings and their own spaces provided.

·      Landscaping and private open space provided.

·      Streetscape amenity is maintained.

 

 

 

 

 

 

 

 

S2  Zone 2B

Minimum average setback 4 metres from any side boundary.

No part closer than 2.5 metres.

Maximum length one section of wall 10 metres

Minimum length of any step is 3 metres.

Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres. 

Maximum length of wall section is 10 metres.

Minimum length of any step is 3 metres.

 

 

Complies.  Front setbacks are unaltered.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Does not comply, majority of building setback 3.5m. Refer to Section 9.5 below.

 

 

 

 

 

 

 

 

 

 
Rear Boundary Setback

P3        Ensure that:

·      solar access and overshadowing minimised.

·      Privacy between neighbouring dwellings and their open spaces provided.

·      Landscaping, communal recreation facilities and outdoor clothes drying spaces provided.

·      Building built across site.

 

 

S3 Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall  section 10 metres.

Minimum length of any step is 3 metres.

 

Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length any wall section 10 metres. Minimum length of any step is 3 metres.

 

 

 

 

 

 

 

 

 

 

 

 

Does not comply. Setbacks vary from 6m – 7.5m, however performance requirements will be satisfactorily met. See section 9.5 below.

 

 

General

P4 Eaves, window hoods and other sun-shading or weather protection pose no significant adverse impact on  adjoining properties.

 

 

S4  No device may encroach no more than 25% of the Preferred Solution.

 

Complies.

 

DENSITY

 

P1 Building bulk compatible with surrounding built forms

 

 

 

Complies, refer to section 9.4 below

 

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.  Existing stone front fence to be retained

 

LANDSCAPING AND PRIVATE OPEN SPACE

 

Landscaped Areas

P1 Sufficient size allow recreational activities and substantial vegetation.

 

 

S1  Minimum for landscaped area 2 metres.

 

 

Complies

 

 

P2        Landscaped areas around flat buildings be undivided

communal open space.

 

 

Complies

 

 

Private Open Space

General

P3   

·      Provides privacy.

·      is accessible from main living areas.

 

P4 In front of the building only  where setback and fence design sympathetic.

 

 

 

Complies.  Each of the units has a balcony or ground level courtyard that is directly accessed from the units and is sufficiently private.

 

Existing courtyards in front of buildings are to be retained.

 

 

Townhouses, row housing, villa housing etc

P5  Dwellings provided with useable private open space at ground or podium level.

 

S5  Minimum area of 25 m2 of private open space with minimum dimensions of 3m x 4m.

 

 

 

Not applicable.

 

 

Flats and apartments

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

 

 

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

 

 

Complies.  Each of the units has a balcony or courtyard that exceeds the minimum dimensions.

PRIVACY

Visual Privacy

 

P1 Windows and balconies of main living areas avoid overlooking windows in adjoining dwellings and private open space.

 

 

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

 

 

Complies, refer to section 9.2.2 below

 

P2 Private open space design and location ensure privacy.

 

 

Complies

VIEW SHARING

 

Acoustic Privacy

 

P3 Building layout and design minimises noise transmission. of noise.

“Quiet areas” separate noise generating activities.

 

P4 Building construction minimises transmission of noise.

 

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

 

 

 

S4 Walls and floors insulation and sound consistent with

Building Code of Australia.

 

 

 

Complies as per BCA conditions

 

SOLAR ACCESS AND ENERGY EFFICIENCY

 

Solar Access to Neighbouring Properties

P1 Design, orientation, siting and landscaping minimises loss of solar access.

P1.1 Solar access to existing solar collectors maintained between 9am and 3pm.

P1.2 Living areas of neighbours sunlight less than 3 hours per day.

P1.3 At least 50% of the principal landscaped areas of neighbours have sunlight less than 3 hours per day.

* If less than this is available the new development is not to reduce this further.

 

 

 

Complies. Refer to section 9.2.1 below. Overshadowing to adjoining properties is not excessive and no additional shadowing to north facing windows of adjoining properties caused.

 

 

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.

 

 

 

S94 75% of dwellings achieve 3.5 star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars.

The Nat HERS rating for each dwelling (on a typical unit basis) is provided with the application.

 

Note:

Central ducted heating/cooling system requires  a  minimum of 4.5 stars Nat HERS rating.

 

 

 

 

 

Complies. A NatHERS certificate has been submitted which shows that 75% of dwelling achieve 3.5 stars or better. Living areas and decks are orientated to the north.

 

 

P5   Roof design and orientation suitable for solar collectors.

 

S5  Solar collector roof area  to face 45 degrees east and 45 degrees west of north, and slope between 15 and 55 degrees to the horizontal.

 

The roof is flat, however sufficient space for solar collectors in future if required.

 

P6 Heat loss is minimised in plumbing and services.

 

Complies

 

P7 Outdoor space for clothes drying provided. 

 

Complies as per condition of consent.

 

SAFETY AND SECURITY

 

P1 Design allows surveillance. P2 Approaches and entries are visible.

P3 High walls and structures avoided.

P4 Resident car parking has security grilles or doors.

P5 Visitor parking spaces clearly identifiable.

P6 Adequate lighting for personal safety and security provided.

P7 External lighting not intrusive.

 

 

Complies.  Approaches and entries are visible.

 

Fencing is low level and no high walls proposed.

 

Carparking is provided within basement.

 

Adequate lighting can be provided per condition of consent.

 

PARKING

 

 

P1 Garages and parking structures do not dominate the street frontage.

 

P2 Parking spaces for people with a disability provided as required (refer to dwelling number requirements in P1 and P2 Barrier Free Access.

 

P3 Secure storage for bicycles are provided.

 

 

Complies.  Parking is provided below ground and will not dominate the street frontage.

 

Parking spaces for people with a disability not required.

 

Sufficient area for bicycle storage.

 

 

 

Note:  The parking requirements are set in Randwick Parking DCP. The requirements are:

 

studio apartment*

1 space per two studios

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling
dwelling
                              

 

 

 

 

 

 

 

 

 

 

 

Complies.  Sufficient numbers of parking and adequate dimensions in basement layout in accordance with DCP 2.

 

 

Visitor parking is 1 space  per 4 dwellings.

 

 

Complies

 

DRIVEWAYS AND MANOUVERING AREAS

 

P1 Driveways and manoeuvring areas minimised.

 

 

Complies.  Two separate drives are provided to allow for manoeuvring.

 

 

P2 Vehicles enter/ leave in a forward direction.

 

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

 

Complies. Vehicles can enter and leave in a forward direction.

 

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

S3  Long driveways provide passing bays.

Complies. Driveways are separated and landscaping avoids ‘gun barrel’ effect

 

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

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

Complies. Driveway width adequate, sufficient area for landscaping.

 

P5 Materials and finishes consistent.

S5  Large expanses of uncoloured concrete avoided.

Complies

 

P6  Driveway gradients safe.

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5  for ramps over 20m (see Parking DCP).

Complies

STORAGE

P1 Accessible and separate storage for each dwelling.

S1  10m2  of storage space is provided for each dwelling. Minimum clearance height of 2.1 metres.

 

At least 50% of the storage space is within the dwelling and is readily accessible from either the hallway or main living area.

 

Storage facilities may be in basement or sub floor areas, or attached to garages .

Complies

 

BARRIER-FREE ACCESS

 

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

 

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

 

Complies. Elevator from basement to all levels of proposed building.

 

P2  Dwelling requirements are: 

 

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3  and so on.

 

The requirements of AS 1428.1 and AS 4299 are  to be considered.

 

Not applicable. 14 dwellings only proposed in new building.

 

 

 

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

 

 

Not applicable

 

 

 

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

 

 

 

UTILITIES/SITE FACILITIES

 

 

P1 Mail Delivery

in accordance with Australia Post.

 

 

Complies per condition of consent

 

 

P2Television/Radio Antennae and Satellite Dishes

Single common television/radio antenna and communication reception.

 

 

 

Complies per condition of consent

 

 

P3   Electricity

In accordance with the requirements of Energy Australia.

 

Electrical reticulation underground.

 

 

 

 

Complies per condition of consent

 

 

P4 Gas

Meter for each dwelling and to optimum service points.

 

 

 

Complies per condition of consent

 

 

P5 Water Supply 

In accordance with the requirements of Sydney Water.

 

 

Complies per condition of consent

 

 

P6 Telephone

In accordance with the service provider.

 

 

Complies per condition of consent

 

 

P7 Laundry and Drying Facilities

·    An internal laundry is provided in each dwelling.

·    Communal clothes drying accessible and screened from the street and public places.

 

 

 

Complies. Each unit has an internal laundry

 

WASTE MINIMISATION AND MANAGEMENT

 

P1 Waste collection and separation facilities are  provided.

 

S1  Storage cupboard in each kitchen sufficient which enables separation of recyclable material.

Holding at least a single day’s waste.

Landscaped areas provide composting.

 

Complies. Each unit has sufficient space for garbage bins, and landscaped areas capable of being used for composting.

 

 

P2  Garbage and recycling containers in centralised garbage/ recycling room accessible to garbage compactors  where bins can be easily wheeled for collection. Facilities to meet the needs of the dwellings and the garbage /recycling collection service.

 

 

Complies. Garbage areas in basement.

 

 

P3  Collection  facilities  complement design of t and is not obtrusive.

 

S3  Waste facilities not to  be located between the front alignment of the building and the road.

 

Complies.

 

8.1  Development Control Plan - Parking

 

Standard

 

Requirement

 

Provided

 

Compliance

 

Number

1 space per 1 bedroom dwelling

(14 required)

 

1.2 spaces per 2 bed dwelling

(2.4 required)

 

1 space per 4 dwellings visitor

(4.2 required)

 

Total 28 spaces (6 visitor spaces to be allocated via condition of consent)

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

 

9.1.1    Height

 

The existing two buildings which are located at the front of the site towards Frances Street are not proposed to be increased in height, and will remain at approximately 10.8m in total height.  The proposed building towards the rear of the site is designed with a flat roof, so that the overall height of the building is proposed to be 10.6m.  The height of the proposed building complies with the LEP standard.

 

The existing buildings are two storey in height (one with an attic level), and the proposed building is three storeys in height.  When viewed from the street, the proposed building will have a comparable height to the surrounding three storey multi unit developments, and will have slightly less height that the existing buildings.  It is considered that the height of the building is comparable to the existing development in the locality.

 

9.1.2    Landscaping and Open Space

 

The proposal provides the required amount of landscaped open space. The applicant has submitted an aborists report which states that several significant trees on the site will not be affected by the proposed development.  Council’s engineers have advised that subject to conditions, that the proposed development is satisfactory with regards to the existing landscaping on site.

 

The landscaped plan submitted with the application indicates that a row of Jacaranda trees that will reach eight metres in height at maturity and several paperbark trees that will reach 7.6m in height at maturity will be planted along the rear property boundary and side boundary to provide privacy screening.  Podium planting one to two metres in height is proposed around the base of the proposed building and the existing buildings. 

 

It is considered that the retention of several significant existing trees, and the proposed landscaping will achieve the intention of the LEP standards to provide for privacy, visual screening and assist in reducing the run off of stormwater. 

 

 

9.2     Amenity Impacts

 

9.2.1    Overshadowing and sunlight access

 

The shadow diagrams submitted with the application indicate that some overshadowing will be cast upon adjoining residential buildings to the west of the site prior to midday on the winter solstice, and some overshadowing of the residential buildings to the east will occur after midday on the winter solstice as a result of the proposed development.  However, due to the orientation of the proposed building and surrounding buildings, the north facing windows of adjoining residential buildings will not be further affected by the proposed development.

 

The shadowing caused by the proposed development to adjoining sites is not be excessive or unreasonable.  There is a high level of overshadowing in the area during the winter months due to the proximity and setbacks of existing multi storey residential buildings, and the proposed building is considered not to significantly add to the existing situation.

 

9.2.2    Privacy and overlooking

 

The main living areas of the proposed units are orientated to the rear of the site, with balconies and windows from living areas facing north, and some facing east. 

The proposed decks at levels one and two are not significant in size and are therefore not expected to be used for principal recreation areas due to their limited size.  Furthermore, existing and proposed new screen tree planting to 8.0 metres in height is proposed along the rear and side boundaries beyond the side driveways of the proposed development.  It is therefore considered that the combination of the building setbacks, landscaping and less intensive use of these balconies will not significantly affect the privacy of adjoining properties.

 

9.2.3    Noise

 

Noise generated by the proposed development is not anticipated to be unreasonable.  Construction noise will be restricted to reasonable hours of operation by way of condition of consent to protect the amenity of neighbouring properties during construction. 

 

As the building is a residential building within a residential neighbourhood, the noise generated by the use of the building will be compatible with the surrounds.  The elevator plant room is located within the basement area and the driveway access to the basement is located along the sides of the property.  Vehicular movements to and from the site are not expected to be excessive and therefore not create significant amounts of noise.

 

Landscaping around the perimeter of the site, particularly along the rear boundary, is considered to satisfactorily address any potential noise sources such as the residential use of balconies and the driveway.

 

 

9.3     Building design, materials and appearance

 

The external finishes of the proposed building have been designed to complement the finishes of the existing heritage listed buildings, without causing visual conflict.  The proposed building is to be constructed of face brickwork, with a darker colour base and a lighter colour top portion, with obscure glass balustrades to the balconies.

 

Sufficient articulation to the façade of the proposed building is achieved through the combination of finishes, proposed balconies, varying wall setbacks and the placement of highlight style windows to the southern façade of the building, which faces the street.  These highlight windows break up the expanse of brickwork of the southern façade, whilst also protect the privacy of the proposed units within the existing building.

 

The proposed external materials and finishes of the development are generally satisfactory. Council’s Heritage Planner has advised that the external appearance of the building is satisfactory in relation to the context of the heritage dwellings.

 

9.4     Building bulk and scale

 

The bulk and scale of the proposed building is considered to be compatible with the existing multi storey residential buildings in the locality, and provides an acceptable streetscape fit.  The height of the proposed building is slightly less than that of the existing two buildings fronting Frances Street, and therefore the existing buildings screen the majority of the proposed building.  When viewed from the street, the proposed building will be compatible with the three storey multi unit residential buildings that are located to the rear and sides of the subject site.  It is considered that the proposed building does not have excessive bulk or scale in relation to adjoining buildings, and that the proposed building will be consistent within the streetscape.

 

9.5     Building setbacks

 

As indicated in the table to Section 8.1 (a) above, the proposed building does not meet the preferred minimum and average setbacks from the side and rear property boundary.  The setback of the proposed building, measured to the external wall and edge of balcony, is 3.5m to the side property boundaries, with a 6.5m portion of the building face setback at 5m to the western side boundary.  This does not meet the preferred solution of an average 5m setback, with no portion of the building closer than 3.5m.  

 

With regards to the rear setback, the proposed building is setback 6m to 7.2m and the edge of the balconies are setback 3m – 4m at ground level, and 5.2m to 6m at upper levels.  This does not meet the preferred solution of an average 8m setback and no portion of the building closer than 6m from the rear boundary.

 

However the reduced setbacks from these boundaries are considered not to have any significant adverse impacts upon the adjoining properties in terms of visual bulk and scale, privacy and overlooking.  There is adequate separation distance between the proposed building and boundaries to allow for screen planting along the boundary which will satisfactorily address privacy concerns and provide visual screening of the building.  Additional overshadowing to the north facing windows of adjoining buildings will not be occasioned as a result of the setbacks of the proposed building.  It is considered that the performance requirements of DCP – Multi Unit Housing in relation to side and rear building setbacks will be met.

 

9.6     Heritage

 

The two existing buildings on site are listed as heritage items in Schedule 3 to the LEP, as is the electricity substation on the adjoining site to the west.  The applicant has submitted a Heritage Impact Assessment report prepared by an appropriately qualified consultant, which notes that the buildings do have local historical significance but that the proposed development will not impact upon the fundamental significance of the buildings.  As detailed in Section 6.5 above, Council’s heritage planner has assessed the plans and concurs with the applicant’s submission, subject to a number of conditions which have been included in the consent.  It is considered that the proposal has satisfactory impacts upon the heritage buildings.

 

9.7     Traffic and Parking

 

Two levels of basement parking have been provided beneath the proposed building to provide resident and visitor parking for units within the proposed buildings and the existing buildings.  Sufficient numbers of carparking have been provided in the basement level in accordance with the provisions of DCP No.2 – Parking, and therefore the parking demands generated by the proposed development are expected to be contained within the site.

 

The layout of the basement parking area complies with the requirements of DCP No.2.  Each parking bay and aisle is of adequate width, and end aisle extensions have been provided so that vehicles can manoeuvre in and out of parking spaces with minimal movements.  Each vehicle using the basement parking can enter and leave the site in a forward direction, and the proposed access driveways comply with Council’s controls.

 

9.8     Section 94 contributions

 

The proposed attracts contribution of $20,490 for open space, and $9059 for community facilities, plus a $425 administrative charge.

 

9.9     Issues raised in submissions

 

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

 

-    Potential for flooding

 

Council’s engineers have made an assessment of the application and have not raised any potential flood issues as a result of the proposed development.  An on site stormwater detention system is required to be installed at the subject site, which will be required by conditions of consent.  It is considered that there is no significant risk of flooding at the site, and the required on site stormwater detention system will satisfactorily deal with stormwater run off at the site.

 

-    Damage from excavation of the site

 

The basement area that is to be excavated beneath the proposed building is setback 1.3m or more from any property boundary.  It is considered that conditions of consent can satisfactorily address any potential excavation problems at the site, including a requirement for a dilapidation report.

 

-    Objectives of zone

 

The subject site is located within the 2(c) Residential zone, which allows for a variety of housing types, including multi unit buildings.  The proposed development comprises a mix of one and two bedroom units, within the proposed multi unit building and within the envelope of the existing dwelling houses at site.  It is considered that the proposed mix of unit sizes is compatible with the types of housing provided within the locality of the site, and that the proposed development is consistent with the objectives of this zone. 

 

10.  CONCLUSION

 

The proposed development satisfactorily addresses the relevant performance requirements and preferred solutions of the DCP – Multi Unit Housing.  The proposed building is not anticipated to create significant adverse impacts upon the surrounding locality in terms of overlooking, overshadowing or traffic generation.  The proposed building is considered to be compatible within the streetscape and will not have an excessive detrimental impact upon the existing two dwelling houses at the subject site.

 

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

 

RECOMMENDATION:

 

A.        THAT Council’s Manager Development Assessment under delegated authority from the General Manager, as the consent authority, grant development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 1230/2001 for Conversion of existing two dwellings to 8 apartments and construction of a three storey plus basement parking multi unit housing development of 14 apartments and parking for 28 vehicles plus associated strata subdivision at 2 - 4 Frances Street, 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 Acting Director Planning and Environment:

 

1.       Details of External Colours, Material and Textures

 

A schedule, sample board and elevation drawings indicating the proposed colours, materials and textures of the external surfaces of the proposed building and front fencing.  The colours, materials and textures are to be compatible with the surrounding area, incorporating natural, subdued colours and materials which minimise solar glare and reflectivity. 

 

Details of the proposed paint scheme are to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being 0issued for the development.  Unpainted surfaces, eg- brickwork/stonework are to remain unpainted.

 

Evidence required to satisfy the above conditions must be submitted to Council within 3 months of the date of this consent in accordance with Clause 95(3) of the Environmental Planning and Assessment Amendment Regulation 1998, or the consent will lapse.

 

Development Consent Conditions

 

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

 

1.         The development must be implemented substantially in accordance with the plans numbered DA01,DA02 & DA05 issue G, DA03 issue H, DA04 issue I, DA06 & DA08 issue F, DA07 issue E and DA12 issue B, dated Sept, 2001 and submitted to Council by 10 July 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 external colours, materials and finishes of the proposal shall be in accordance with the details and plans submitted to and approved by the Director of Planing and Environment pursuant to the deferred commencement condition.

 

3.    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.

 

4.    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.

 

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

 

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

 

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

 

8.    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.

 

9.    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.

 

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

 

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

 

11.  Visitor spaces within the basement level are to be clearly marked, are not to be reallocated to units and must be available at all times for visitor parking.   Vehicular access to the basement car park shall be readily accessible to visitors at all times.  Where a security gate is provided as suitable intercom shall be installed adjacent to the vehicular entrance together with appropriate signage to provide access to the visitor spaces.

 

The following conditions are applied to provide adequate protection for the heritage significance of the site:

 

12.  The conservation policies and maintenance program outlined in the Schedule of Conservation Works are to be implemented in conjunction with the proposed development.  An architect suitably qualified and experienced in heritage conservation shall be engaged to oversee the implementation of the endorsed Conservation Plan to ensure the use of technically sound and appropriate techniques.  All work shall be carried out in accordance with the principles of the Australia ICOMOS Burra Charter and to the satisfaction of the Director of Planning.

 

13.  An archival recording of the property shall be prepared and submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  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.

 

14.  The original openings around the entry stairs which are to be blocked up should be detailed in such as way as retain evidence of their position.  Details of treatment of original doorway openings is submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development

 

15.  The proposed security gate and covered pergola are to be deleted.  The pedestrian entry is to relocated to relate to the location of existing piers, either directly beside a pair, or centred between them.  Details of the pedestrian entry are to be submitted to and approved by Council’s Director of Planning and Environment, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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:

 

16.  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:

 

17.  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:

 

18.  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.

 

19.  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.

 

20.  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:

 

21.  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.

 

22.  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:

 

23.  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.

 

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 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.

 

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.

 

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.

 

29.  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. 

 

30.  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.

 

31.  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.

 

32.  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

 

33.  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.

 

34.  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 construction 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.

 

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 and Building Services.

 

36.  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.

 

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.

 

39.  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”.

 

40.  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.

 

41.  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.

 

42.  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.

 

43.  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.

 

44.  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.

 

45.  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.

 

46.  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:

 

47.  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:

 

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

 

a)         $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.

 

49.  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)         $2000.00         -           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:

 

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

 

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

 

b)   Reconstruct the existing vehicular crossings with 5.0 metre wide concrete heavy duty vehicular crossings and laybacks at kerb opposite the two vehicular entrances to the site.

 

c)   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.

 

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

 

e)   Carry out a full depth, 1.5 metres wide, road construction in front of the kerb and gutter along the full site frontage.

 

51.  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.

 

52.  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.

 

53.  All walls along the front alignment that are adjacent to vehicular crossings should 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. Note that any alterations to the front stone fence will need to be assessed and designed by a heritage architect.

 

54.  A work zone is to be provided to Frances St and details of the work zone location and the prescribed fee for the installation of a “work zone” having a minimum length of 12 metres must be paid to Council at least four (4) weeks prior to the commencement of building works.

 

55.  The two vehicular driveways that will service the below ground carparking areas should be 5.0 metres wide for the first 5.0 metres within the development site and located at least 0.5 metres clear of the side property boundaries.

 

56.  The internal driveway level, within the first 5.0 metres, must be a minimum of 100mm above Council's issued alignment levels.

 

Note that a suitable change in the gradient to allow for satisfactory vehicular access (ie 1 in 10 maximum change of gradient every 1.4 metres or alternatively 1 in 16 over 1.0 metres).

 

A longitudinal section of the driveway must be provided with the construction certificate plans, at a scale showing dimensions, gradients and reduced levels along the extremities and the centreline of the driveway, detailing compliance with Council’s issued alignment levels and the maximum permissible driveway gradients.

 

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

 

57.  The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be as follows:

 

50mm above the top of the kerb at all points opposite the kerb, along the full site frontage. (note that the alignment levels adjacent to the eastern driveway may be required to be varied to match the existing Council footpath level at the eastern side property boundary)

 

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

 

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

 

59.  The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $496.00 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:

 

60.  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.

 

61.  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.

 

62.  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:

 

63.  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 issue, 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.

 

64.  On-site detention must be provided to ensure that the maximum discharge from the above site is not to 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 above 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.

 

Note that prior to the stormwater discharging to the kerb and gutter the stormwater must also be piped to a 5 square metre, (base area) absorption trench with an overflow pipe drained to the kerb and gutter. The absorption trench must be a minimum of 2.1 metres from the adjacent common property boundaries.

 

65.  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.

 

66.  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.

 

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

 

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

 

69.  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).

 

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 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)

 

72.  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.

 

73.  Two covered car washing bays shall be provided for this development.

 

a)         The car washing bays must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to a construction certificate being issued for the proposed development.

 

b)         The car washing bays must be located outside any required/approved stormwater detention system and must be suitably signposted.

 

c)   The car washing bay/s must be constructed with a minimum 20mm bund around the perimeter of the car washing bays (or equivalent)

 

d)   A water tap shall be located adjacent to the car washing bays.

 

74.  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).

 

75.  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.

 

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 storage area is 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.

 

78.  The garbage room areas will have to be designed so as to be able to contain a total of 24 x 240 litre bins (12 garbage bins & 12 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.

 

79.  Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for both the residential and commercial components of the development site, post construction.

 

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

 

80.  A “restriction as to user and positive covenant” must be placed on the title of the subject property in conjunction with the registration of any future plan of subdivision or strata subdivision for this property.  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.

 

81.  The applicant shall provide Council with a survey plan of the property prior to receiving strata subdivision approval.

 

82.  The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to the finalisation of the strata subdivision.

 

83.  The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

84.  Prior to release of the Plan of Strata Subdivision the applicant shall provide Council with a subdivider/developer certificate for the proposed lots.  The certificate is obtained from Sydney Water.

 

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

 

85.  The landscaped areas shown on the plan DA03 dated September 2001, 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.         The landscape plan shall show a minimum number of 8 x 100 litre broad canopied trees (not palms) suitably located along the southwestern boundary of the site. The trees selected shall be of a species that attain a minimum height of 4 metres at maturity.

 

The landscape plan shall show a minimum number of 8 x 100 litre broad canopied trees (not palms) suitably located along the southeastern boundary of the site. The trees selected shall be of a species that attain a minimum height of 4 metres at maturity.

Alternatively, the landscape plan shall show the retention of the existing Cupressocyparis leylandii (Leyland Cypress) hedge located along the southeastern boundary of the site.

 

h.         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.

 

i.          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.

 

86.  In order to prevent the encroachment of motor vehicles into the landscaped areas a 150mm high concrete edge shall be constructed between the landscaped areas and roadway. Such works shall be installed prior to the issue of the Occupation Certificate.

 

87.  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.

 

88.  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.

 

89.  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.

 

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

 

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

 

91.  Any substation required shall 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.

 

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

 

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

 

Tree Management

 

93.  Approval is granted for the removal of the following trees subject to the planting of 3 x 200 litre broad canopied replacement trees (not palms) along the northwestern boundary of the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.   One specimen of Populus nigra ‘Italica’ (Lombardy Poplar) located along the western boundary of the site (within no.2 Frances Street).

 

b.   One specimen of Populus deltoides (American Poplar) located towards the northwestern boundary of the site (within no.2 Francis Street).

 

94.  Approval is granted for the removal of the following trees subject to the planting of 2 x 800 litre broad canopied replacement trees (not palms) along the northwestern boundary of the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.   One specimen of Populus deltoides (American Poplar) located along the western boundary of the site (within no.2 Frances Street), close to the existing garage.

 

b.   One specimen of Jacaranda mimosifolia (Jacaranda Tree) located towards the western boundary of the site (within no.2 Francis Street).

 

95.  Approval is granted for the removal of the following tree subject to the planting of 2 x 400 litre broad canopied replacement trees (not palms) along the northern boundary of the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.   One specimen of Acer negundo (Box Elder) located along the western boundary of no.4 Francis Street.

 

96.  Approval is granted for the removal of the following trees subject to the planting of 1 x 200 litre broad canopied replacement tree (not palm) along the northeastern boundary of the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.     Two specimens of Schefflera actinophylla (Umbrella Tree) located along the eastern boundary of the site (within no.2 Francis Street).

 

97.  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.

 

Tree Protection Measures

 

98.  In order to ensure the retention of the two Populus nigra ‘Italica’ (Lombardy Poplar) and three Cinnamomum camphora (Camphor laurel) located along the eastern boundary of the site (within no.4 Francis Street) and the Brachychiton acerifolius (Illawarra Flame Tree) located towards the south western boundary of site (within no.2 Frances Street) 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 4 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

99.  The applicant shall be required to engage an arborist and structural engineer to provide details of the proposed driveways showing a suitable method to minimise damage to the trees root systems. Such details shall be shown on the detailed engineering documentation and shall be submitted to, and approved by a certifying authority or, prior to the issue of a construction certificate.

 

100.     In order to ensure the retention of the Jacaranda mimosifolia (Jacaranda Tree) and the Araucaria cunninghamii (Hoop Pine) located along the north eastern boundary of the site (within no.4 Francis Street) and the Corymbia citriodora (Lemon Scented Gum) located at the rear of no.4 Francis Street 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.

 

c.         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 trunks.

 

A foundation wall should be put in place before any excavation commences by using a screw pole on a pier or other suitable methods. Details of the proposed method shall be submitted to, and approved by a certifying authority prior to the issue of a construction certificate. If any excavation takes place before the area is stabilised, the soil from the Protection Zones will fall into the trench. This will result in the loss of root material in the Tree Protection Zones and cause possible loss of soil and destabilise the trees.

 

d.         The trees are to be physically protected by the installation of protective fencing around the trees using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 1.5 metres from the outside edge of the tree trunks.

 

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

 

e.         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.

 

f.          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 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.

 

g.         The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

h.         Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point i.

 

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

 

101.     In order to ensure the retention of the Lophostemon confertus (Brush Box) located towards the front of no.2 Francis Street, along Council’s nature strip, the Lophostemon confertus (Brush Box) located towards the front of no.4 Francis Street, along Council’s nature strip and the Lophostemon confertus (Brush Box) located west of no.2 Francis Street, along 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 specimens with the position of the tree trunks and full diameter of the tree canopies clearly shown on all drawings.

 

j.          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 2 metres from the outside edge of the tree trunks.

 

k.         The trees are to be physically protected by the installation of protective  fencing around the trees using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 1.5 metres 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.

 

l.          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.

 

m.        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 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.

 

n.         The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

o.         Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point i.

 

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

 

q.         A refundable deposit in the form of cash, cheque or bank guarantee of $43,900.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

QUANTITY

SPECIES

AMOUNT

1

Brachychiton sp. (Illawarra Flame Tree)

$3,000.00

1

Jacaranda mimosifolia (Jacaranda Tree)

$5,500.00

1

Araucaria cunninghamii (Hoop Pine)

$6,100.00

1

Corymbia citriodora (Lemon Scented Gum)

$6,100.00

2

Populus nigra ‘Italica’ (Lombardy Poplar)

$3,100.00

3

Cinnamomum camphora (Camphor laurel)

$13,500.00

3

Lophostemon confertus (Brush Box)

$6,600.00

 

TOTAL

$43,900.00

 

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.

 

102.     A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $23,000.00 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 Occupation Certificate or 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.

 

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

 

103.     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                              $20,490

b)   for the provision or improvement of community facilities                    $9,059

c)   Administration fee                                                                               $425

 

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.

 

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.

 

A2     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 D1            -           Provisions for escape

            c)         Clause D1.4     -           Exit travel distances

            d)         Part E2             -           Smoke Hazard Management

            e)         Part E3             -           Lift Installations

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

g)         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 Plans

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

KRISTY IDLE

ACTING DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 

 

 

 











 

 

Director Planning & Community Development's Report 62/2002

 

 

SUBJECT:

DELEGATION OF CERTAIN HERITAGE COUNCIL FUNCTIONS TO LOCAL COUNCILS AND HERITAGE ACT AMENDMENTS

 

 

DATE:

29 August, 2002

FILE NO:

98/S/0282

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT     

 

INTRODUCTION:

 

The Minister for Planning has taken steps to streamline and simplify the approvals process for items listed on the State Heritage Register, creating the opportunity for a one-stop shop for heritage determinations.  Randwick City Council has a total of 21 sites listed on the State Heritage Register.  (See a list of these properties at Attachment 1).

 

As of 1 February 2002, the Heritage Council has delegated a number of functions to councils relating to notification and approval of applications (under S60 of the Heritage Act), provided that the proposals do not materially affect the significance of State heritage item. The delegations also apply to the issuing of permits for specified works affecting relics.  (See a copy of the delegations at Attachment 2 and 3).  These delegations will allow minor functions under the Heritage Act to be dealt with by local government. 

 

This report provides an overview of these Heritage Act amendments and the new delegations, with information on the implications for Randwick City Council.

 

This report includes an attachment which delegates these Heritage Council functions to the appropriate officers.

 

ISSUES:

 

Heritage Act amendments

A number of amendments have been made to streamline the NSW Heritage Act, for items on the State Heritage Register and archaeological relics.  These are as follows:

 

·    Allowing developments involving State heritage items to be approved in stages and simplifying the process for varying the terms of any Heritage Council approval.

·    Eliminating the requirement for new development applications to be prepared when interim heritage orders expire.  Previously any development consent for the site also expired when the IHO expired.

·    Removing the need for developers to seek archaeological permits from the Heritage Council once the Heritage Council has endorsed an archaeological assessment.

·    Allowing for demolition of unsympathetic non-heritage structures in State significant conservation areas, which was previously not permitted.  This amendment will be of particular relevance to the Prince Henry site, once it is added to the State Heritage Register.

·    Providing increased protection for historic shipwrecks off the NSW coast.  There are a number of shipwrecks along the Randwick City coastline.

 

Notifications to the Heritage Council of certain development applications

 

These changes to the Heritage Act have no effect on the current situation with regard to notifications to the Heritage Council of certain development applications.  Clause 45 of Randwick Local Environmental Plan 1998 requires notification to the Heritage Council of development applications for the “demolishing, defacing or damaging” of a heritage item.  In November 1997 however, the Heritage Council issued an Interim Strategy for such planning instruments, which made it unnecessary for Council to notify the Heritage Council (See attachment 4).  As Randwick LEP 1998 had been finalised prior to the Interim Strategy being issued, Clause 45 was not removed from the LEP.  The Interim Strategy had the aim of streamlining and simplifying the development application and approval process and remains in force until further notice.  (See a copy of the interim strategy at Attachment 2 and 3)

 

Delegations

 

Delegations relating to relics have been issued only to Randwick City Council and Sydney City Council, on the basis of the specialist expertise within these Councils.

 

A number of Councils, who do not yet have in place comprehensive heritage management systems to assist them in managing their heritage, have also been authorised to make Interim Heritage Orders (IHO).  Randwick City Council has not received this delegation to make IHOs, given that Council does have a comprehensive heritage management system in operation.  The Heritage Council considers that the original Randwick Heritage Study and subsequent review have resulted in a comprehensive Schedule of Heritage Items within Randwick LEP 1998, making less likely that emergency orders need to be put in place.

 

There are a number of requirements to be complied with in exercising the delegations relating to S60 applications under the Heritage Act.  To assist Councils in implementing these delegations, the NSW Heritage Office launched in February, the Local Government Heritage Manual and a series of training workshops on the manual for council staff.  The first of the workshops to be held in the Sydney metropolitan area was hosted by Randwick City Council on 17 June 2002, where the Mayor welcomed delegates to Randwick City.

 

The Heritage Office has also provided a liaison officer to assist councils with the implementation of these new powers.

 

Heritage delegations procedures and processes

 

The Local Government Heritage Guidelines set out procedures and processes for carrying out of delegated functions, and includes the following:

 

·    Conditions attached to the use of the Delegation

·    How to use the Delegation- circumstances where the delegations cannot be used, processes involved when using the delegation, how does council determine whether the works proposed in an application will “materially affect” the significance of an item, place or area.

·    Assessing and determining applications under the Heritage Act or the Environmental Planning and Assessment Act- advertising an application, assessing the application, issuing general terms of approval, determining Integrated Development Applications, issuing of approval under section 63 of the Heritage Act on behalf of the Heritage Council, notifying the applicant and the Heritage Council of the determination.

·    The Heritage Council is currently drafting standard conditions that must be used by local councils whenever section 60 applications or integrated development applications are approved using the delegations.

·    Requirements and documents needed for determining applications for work to heritage items.

·    Conditions and limitations for delegated functions, general conditions of delegation

·    Templates- example of Heritage Council delegated decision report, advertisement for section 60 applications that materially affects the significance of the item.

 

These Guidelines will considerably assist Council in exercising the new delegations.

 

Heritage delegations implications

 

The delegated functions are likely to improve overall processing times, given the removal of double handling of applications, and greater consistency in decision making.  The implications in terms of Council resources are not fully known at this stage, however, will involve additional resources for administration, assessment and reporting.

 

Before Council can decide whether it will use the delegations, it must first decide whether the proposal will “materially affect” the significance of the item.  Therefore the use of the delegations requires detailed involvement of a person with appropriate heritage knowledge, skills and experience.  According to the Heritage Guidelines “heritage must be a core element in the work of that person, rather than a general area of interest or peripheral to their professional practice.”  Council’s Heritage Planner has the required skills to exercise the delegations.  Council’s current delegations allow for the implementation of the new delegations and do not need to be amended.

 

Given the minimal time available for Council to decide whether public notice should be given under Section 61 of the Heritage Act for proposals which would materially affect heritage significance (5 days), or whether the application satisfies the limitations and conditions of delegations (2 days), there may be a need to develop greater breadth of heritage expertise within Council.  The Heritage Office has suggested that ideally a decision as to “material affect” would be made prior to the application being submitted.  The assessment of required documentation prior to the development application submission would streamline the lodgement of the application.  Otherwise, in the event that Council’s Heritage Planner is on leave when an application is submitted, then Council will not be in a position to exercise the delegations and they would need to be referred to the Heritage Office.

 

Additional work will be required for Council to assess and determine these heritage applications, including issuing general terms of approval, determining of the Integrated Development Application, and issuing of approval under section 63 of the Heritage Act on behalf of the Heritage Council.  It is understood however, that Council will receive the fees normally payable to the Heritage Office for Section 60 applications and Integrated Development Applications, as a contribution towards the additional resourcing required.

 

Council’s Heritage Planner already undertakes an independent assessment of applications for properties listed on the State Heritage Register.  The new delegations however, will require time for reporting and formulation of general terms of approval.

 

Given the imminent redevelopment of the Prince Henry Hospital site, it is likely that a significant number of applications will be received which can be dealt with under the new delegations.

 

CONCLUSION:

 

The delegation of Heritage Council functions to Local Government has the potential to streamline the approvals process for items listed on the State Heritage Register.  To ensure that the benefits of the use of the delegations are passed on to applicants, Council will need to monitor and ensure that the additional functions taken on by Council are adequately resourced.

 

RECOMMENDATION:

 

That Council note this report.

 

That Council endorses the delegation of these functions to the General Manager.                        

 

 

ATTACHMENT/S:

 

1. Items listed on the State Heritage Register for Randwick City.

2. Schedule A Delegation of Heritage Council functions to Local Councils.

3. Schedule B Conditions of Delegation of Heritage Council functions to Local Councils.

4. Interim Strategy for planning instruments which require Councils to notify the Heritage Council of certain development applications.

   

 

………………………………

………………………………

SIMA TRUUVERT

LORRAINE SIMPSON

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

HERITAGE PLANNER