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

 

1 October 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, 8TH OCTOBER 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, 10 TH SEPTEMBER, 2002.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 72/2002 - ALTERATIONS AND FIRST FLOOR ADDITION TO EXISTING DWELLING FOR 74 MARINE PARADE, MAROUBRA.

2

 

 

 

5.2                      

DEVELOPMENT APPLICATION REPORT - 114 BUNDOCK STREET, SOUTH COOGEE.

10

 

5.3                      

DEVELOPMENT APPLICATION REPORT - 16 DWYER AVENUE, LITTLE BAY.

36

 

5.4                      

DEVELOPMENT APPLICATION REPORT - 155-161 AVOCA STREET, RANDWICK.

77

 

 

6           General Business

 

7           Motions Pursuant to Notice

 

8           Notice of Rescission Motions

 

 

 

 

………………………………………..

GENERAL MANAGER

 

 


 

Director Planning & Community Development's Report 72/2002

 

 

SUBJECT:

ALTERATIONS AND FIRST FLOOR ADDITION TO EXISTING DWELLING FOR 74 MARINE PARADE, MAROUBRA

 

 

DATE:

26 September, 2002

FILE NO:

D/1153/2001/GA

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

INTRODUCTION:

 

The Ordinary Council at its meeting held on 27th August 2002 resolved that this application be deferred for a further two weeks to allow for amended plans to be lodged.

 

Amended plans were received on 5 September 2002 and the objectors were provided with the opportunity to view the plans and comment on the proposed amendments.

 

In accordance with Council’s resolution the amended plans have been assessed and the application is referred to Council for determination.

 

ISSUES:

 

Amended Design:

 

The amendments sought are to:

 

·          Increase the setback of the cantilevered balcony to the front of the property by 1m.

·          The depth of the first floor balcony to the eastern elevation is to be reduced to 1200mm.

·          Delete the balustrade to the ground floor patio

·          Delete the structural columns between the ground floor patio and the first floor balcony.

 

The proposed amendments will reduce the usability of the balcony and will provide for additional sight lines to the south for the neighbouring property No. 72 Maine Parade. The reduced cantilevered balcony will increase the setback from the front boundary to 5m from the previously proposed 4m. This additional 1m setback will reduce the impact of the balcony to the streetscape and will increase sightlines to the south for the neighbouring property at 72 Marine Parade.

 

Increasing the setback to the front property will result in a building line more consistent with the dominant pattern of front setbacks apparent within Marine Parade. The dominant building line within Marine Parade is between 6m-8m, whilst the proposed balcony will still encroach within this building line the increased setback will ensure that the building is more in keeping with the dominant building line rather than adopting the setback of No. 76 Marine Parade which is inconsistent with the predominant front building line.

 

The deletion of the support columns and the balustrades to the ground floor patio will reduce the apparent bulk of the development to the streetscape and will result in a simpler built form more consistent with the existing character of the dwelling.

 

Notification of amended plans to objectors

 

The amended plans were received on 5 September 2002. On 6 September contact was made with the two objectors at 72 Marine Parade and 64-66 Marine Parade advising that amended plans were available for inspection. The following issues were raised in relation to the amended plans.

 

Richard Meth (Architect) on behalf of 72 Marine Parade

     

·      The amendments do not comply with Council’s previous objections.

 

        Comment

 

        The amended plans before Council were prepared after discussions with Council Officers and the matters raised in the planning report.

 

        The proposed amendments address the concerns raised in the previous planning report.

 

·      The front setback does not comply with the DCPs allowance

 

        Comment

 

        The front setback of 6m or the dominant building line is a preferred solution, which allows for variation based on a merit assessment. The front setback has been increased in the current plans such that the improvement can be seen to result in a more acceptable development and satisfies the performance requirement of the DCP – Dwelling Houses.

 

·      Removal of columns has little improvement to view loss

 

Comment

The amended first floor setback will match that of the existing ground floor front setback such that it would be unreasonable to impose an additional setback to that which currently exists.

 

It is considered that the additional setback matching that of the ground floor will improve sightlines to the south, and not adversely impact on views from the adjoining property at No. 72 Marine Parade.

 

·      No attempt to reduce privacy loss to no. 72

 

Comment

 

Overlooking is not considered to be a concern to the front of 72 Marine Parade. The use of the proposed balcony is unlikely to result in overlooking backwards into the sunroom of the neighbouring property. The balcony will enjoy views to the east, which will be the focus of the use of the balcony not onto the adjoining property.

 

The separation between the proposed deck and the sunroom to No. 72 is some 7m, which will provide for an adequate distance to reduce direct overlooking between the two properties.

 

64-66 Marine Parade

 

The amended plans were discussed over the phone with the owners of 64-66 Marine Parade. They did not want to view the plans and did not raised any specific concern over the application other than making reference to their previous objection to the quality of the development.

 

It is considered that the proposed amendments will improve the built form of the dwelling and will substantially preserve the views to the south for the adjacent property at 72 Marine Parade.  The deletion of the columns and reduction of the balcony size reduces the apparent bulk of the building and improves the symmetry of the front elevation.

 

CONCLUSION:

 

The amended plans submitted to Council in reference to the resolution of Council meeting of the 27 August 2002 satisfactorily address the concerns previously raised in relation to unacceptable built form, streetscape impact and loss of views to neighbouring properties.

 

The proposal as amended also complies with the objectives and performance requirements of the DCP Dwelling houses and Attached Dual Occupancies and will not detract from the visual quality of the foreshore scenic protection area.

 

The application is recommended for approval subject to conditions.

 

RECOMMENDATION:

 

THAT Council as the responsible authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 1153/01 for permission to undertake alterations and additions to the existing dwelling for 74 Marine Parade Maroubra subject to the following conditions:-                                                                                                    

 

1.         The development must be implemented substantially in accordance with the plans unnumbered, dated 4/9/02 and received by Council on 5/9/02., 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 building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

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

 

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 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:

 

Amended Architectural Plans

 

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ASSESSMENT OFFICER

 

 

 

 

 

 



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

23 September, 2002

FILE NO:

DA1027/2002

 

PROPOSAL:

 Section 82A Review of Determination for alterations and a first floor addition to the existing rear garage

PROPERTY:

 114 BUNDOCK STREET, SOUTH COOGEE

WARD:

 East Ward

APPLICANT:

 J and G Visvis

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.        EXECUTIVE SUMMARY

 

The application is referred to Committee as the original application was determined by Council.

 

The applicant has requested a review of Council’s determination of refusal of the original development application proposing alterations and a first floor addition to the existing rear double garage on the property.

 

Notification of the review application attracted one submission re-iterating concerns previously raised during notification of the original development application (refer to Section 5 of the report).

 

The proposed development will result in a building of excessive bulk and scale in close proximity to property boundaries and Bundock Lane and due to its excessive wall height will set an undesirable precedent for similar scaled structures along Bundock Lane and result in unnecessary additional overshadowing to adjoining properties.  

 

It is recommended that Council’s original decision to refuse the development application be confirmed.

 

 

2.        HISTORY OF THE DEVELOPMENT APPLICATION AND PROPOSAL

 

The original development application, for alterations and a first floor addition to the existing rear garage on the property, was considered by the Health Building and Planning Committee at its meeting held on 14 May 2002 when it was resolved to refuse the application for the following reasons:

 

1.   The proposed double storey outbuilding is excessive in wall height and does not satisfy the relevant preferred solutions and performance requirements of the Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

2.   The proposed outbuilding will be a bulky and dominant structure and will be out of character with neighbouring development.

 

3.   The proposed outbuilding does not meet the relevant preferred solutions and performance requirements relating to side boundary setbacks and together with the excessive external wall height will result in a dominant structure that is excessive in bulk and scale.

 

4.   The submitted plans are inconsistent, as the elevations do not correspond to the floor plans.

 

5.   The excessive wall height of the outbuilding will result in an unnecessary degree of additional overshadowing to adjoining properties.

 

6.   The proposed building will set an undesirable precedent that would make it difficult to restrict excessively scaled outbuildings in the future.

 

The applicant has requested a review of the above determination under Section 82A of the Environmental Planning and Assessment Act, 1979 (as amended).        

 

3.        STATUTORY REQUIREMENTS UNDER SECTION 82A:

 

Section 82A of the Environmental Planning and Assessment Act 1979, as amended, enables an applicant to request a Review of a Determination of a Development Application or condition/s of Development Consent.  Council may review the Determination, and as a consequence of the review, may confirm or change the Determination.

 

A review can only be made on the application as determined.  The application cannot be altered or amended as part of the review process.

 

4.        ZONING AND STATUTORY ASSESSMENT PROVISIONS:

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council's consent.  The proposal has been assessed in accordance with the following controls:-

 

·        Randwick Local Environmental Plan 1998

·        Environmental Planning and Assessment Act 1979 as amended

·        Building Code of Australia

·         Development Control Plan-Dwelling Houses and Attached Dual Occupancies

 

5.        COMMUNITY CONSULTATION:

 

The owners and occupiers of adjoining properties were notified of the original development application on 13 November 2002. As a result of this notification, 1 submission was received from:

 

Paul and Helen Guillemot – 253 Rainbow Street, Coogee and

on behalf of No 112 Bundock Street, Coogee & 255 Rainbow Street, Coogee

 

-     Overshadowing on neighbouring properties will be increased and no shadow diagrams have been provided.

-     No AHD levels have been provided

-     No FSR calculations have been provided

-     No section through the proposal or types of finishes proposed

-     North elevation does not correspond to first floor plan

-     The structure is not square to its western boundary and is parallel to Bundock Lane.

-     Boundary Setback of 150mm is not shown on plan

-     First floor setback does not meet preferred solution of DCP

-     112 Bundock Street would like boundary infringement corrected

-     Current stormwater is directed to lane

-     Generally design and scale of structure is over sized and excessive

-     The plans are indicative of a self-contained habitable area, which may be used for a secondary purpose.

 

Section 82A of the EPA Act does not contain any statutory requirement to notify any request for review of a determination or a condition/s of development consent as the application and the proposal remains unaltered.  However, in the interests of keeping residents informed of the application, the request has been notified to previous objectors. Submissions by P Guillemot of 253 Rainbow Street and M Horton of 255 Rainbow Street re-iterate the concerns previously raised.  

 

6.        TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Building and Construction Issues

 

-     BCA Classification

 

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

Garage – Class 10a

Dwelling – Class 1a

 

-     General Comments

 

No objection is raised with respect to compliance with the

 

·    Environmental Health and Building provisions of the Environmental Planning and Assessment Act 1979, as amended

·    Provisions of the Building Code of Australia

·    Provisions of the Local Government Act 1993 & regulations

 

7.        ENVIRONMENTAL ASSESSMENT

 

7.1       Reasons for review

 

            The applicant has provided the following reasons for requesting the review:-

 

The preferred solution for a wall height of 3.5m restricts accommodation of a first floor addition to the garage. Existing examples of first floor additions to other garages along the lane way exceed this standard and set a precedent in the lane.

 

Examples of other structures of similar bulk exist along the lane [e.g. at No.66 (infact, No.64) Bundock Lane].

 

The proposed setbacks do not meet the preferred solution of 1.5m. The existing garage is currently set back 0.6m from the western side boundary and any first floor addition set back 1.5m would take an unrealistic and grotesque form. There are other examples of non-compliance with the 1.5 m setback to first floor level additions to existing garages in the lane such as at No.269 Rainbow street and 124 Bundock Street.

 

Shadows cast by the proposed first floor addition fall predominantly within the property and those spaces on adjoining properties that would be affected by shadows cast by the proposed addition are already overshadowed by existing trees in excess of 6m in height.

 

There are already a number of precedents for similar garage structures with first floor levels along Bundock Lane.

 

7.2  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.

 

7.2.1    Height, Bulk and Scale

 

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

 

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

 

Preferred solutions include that the external wall height of buildings or additions to the rear do not exceed 3.5m. The proposed garage/studio has an external wall height of 6.2m with a 1.7m high, pitched roof.

 

It is considered that the proposed outbuilding is excessive in wall height and combined with the reduced setbacks from the eastern and western side boundaries is excessive in bulk and scale and will result in a dominant structure in close proximity to property boundaries and Bundock Lane.

 

Whereas the proposal involves a full-height first floor addition to the existing rear double garage adjacent to Bundock Lane, the more recently constructed examples of other garage structures cited by the applicant (including No.64 Bundock Street) and evident in the local streetscape of Bundock Lane are of a lower scale and rely on the use of dormer windows to provide light to smaller attic spaces which are contained predominantly within their more steeply pitched roof forms. This approach minimises the wall height and overall visual bulk and scale of those buildings, thereby reducing their visual impact on the streetscape of Bundock Lane and their overshadowing effects on neighbouring properties.    

 

            More recently, DA640/2002 for alterations and additions to the existing dwelling and the construction of a new double garage with first floor attic room on the adjoining western property at No.112 Bundock Street was approved under delegated authority on 17 September 2002. However, the first floor attic room is significantly smaller in floor area and lower in height than the proposed building, is contained behind a pitched roof to the lane frontage, and has greater setbacks from side and rear boundaries. 

 

7.2.2    Building Setbacks

 

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

 

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

 

The proposed building is setback 1.05m and 170mm from the eastern and western side boundaries respectively at the ground floor level, and 1.05m and 1m from the eastern and western side boundaries respectively, at the first floor level. Combined with the excessive external wall height, this will result in a visually dominant structure of excessive bulk and scale in the streetscape of Bundock Lane. The proposal does not meet the relevant preferred solutions and performance requirements in relation to side boundary setbacks.

 

7.2.3    Overshadowing

 

Shadows cast by the proposed development would affect the property to the west at No.112 Bundock Street in the morning period and the property to the east at No 116 Bundock Street in the afternoon period. During the midday period shadows cast by the proposed building would be contained predominantly within the subject property.

 

The DCP requires, as a preferred solution, that at least 3 hours of sunlight be received to the principle outdoor recreation spaces and north facing windows of adjoining properties between 9.00am and 3.00pm during the winter equinox. If less than 3 hours are available under current conditions, access to sunlight should not be reduced.

 

Although the proposal satisfies the requirement for a minimum 3 hours of sunlight being received to the rear yards and living spaces of adjoining properties, the excessive wall height of the outbuilding will result in an unnecessary degree of additional overshadowing.

 

8        CONCLUSION

 

      The proposal fails to satisfy the relevant preferred solutions, performance    requirements and objectives of the DCP-Dwelling Houses and Attached Dual Occupancies. The proposed building is excessive in bulk and scale and will result in a visually dominant structure in close proximity to property boundaries and Bundock Lane and an unnecessary degree of additional overshadowing to the rear yard areas of adjoining properties.

 

      It is recommended that Council confirm its previous decision to refuse the application. 

 

 

RECOMMENDATION:

 

A.        THAT Council’s original Determination of Development Application No.1027/2001 dated 21 May 2002 for alterations and extensions to the existing garage including a new first floor addition over the garage at No.114 Bundock Street, South Coogee, be confirmed.  

 

 

ATTACHMENT/S:

 

Copy of Director of Planning and Environment's Report on the original Development Application to the Health Building Committee Meeting held on 14 May 2002

 

A4 Configurations     

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STEVEN HUGHES

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

23 April, 2002

FILE NO:

01/01027/GB

 

PROPOSAL:

 Alterations and extensions to the existing garage including a new first floor addition over the garage

PROPERTY:

 114 Bundock Street, Randwick

WARD:

 East Ward

APPLICANT:

 Jim and Gina Visvis

 

 

 

 

 

 

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 Chris Bastic, Michael Daley, Dominic Sullivan.

 

The applicant is seeking approval to extend the existing garage at the rear of the property and add a new first floor level to the garage. The proposal also entails the provision of a new bathroom at the garage level and another bathroom on the first floor level.

 

A preliminary assessment was carried out on the application, and a letter was sent to the applicant in December 2001 and the following issues were noted:

 

The assessment indicates that the proposed external wall height of the garage is approx 6.2m which is excessive and exceeds the preferred solution of 3.5m for buildings at the rear of the property under Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

The DCP requires, as a preferred solution that side setbacks be no less than 1.5m for any part of the building which is two levels in height. The plans indicate that it is proposed to locate the first floor addition approx 1m from the eastern and western boundaries. It is considered that the proposed setback and wall height has the potential to result in adverse amenity impacts upon the adjoining properties. In particular the bulk and form of the proposed two-storey development will result in a dominant structure within close proximity to property boundaries.

 

Floor space ratio calculations were not provided with the original submission, and a statement of environmental effects demonstrating compliance and justifying variations to the DCP did not address the above matters.

 

Additional information was subsequently lodged with the application consisting of a more detailed statement of environmental effects, however no attempt was made to amend the plans as requested to address the abovementioned non-compliances with the DCP.

 

In light of the above, and requests made by Council Officers to allow amended plans in lieu of refusal of the application, the additional information submitted is not considered to have sufficiently resolved the issues raised in the preliminary assessment. The bulk and form of the proposed two-storey development will result in a dominant structure within close proximity to property boundaries and will adversely impact on the amenity of adjoining properties.  The application is recommended for refusal.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to extend the existing garage and provide a new bathroom facilities to the garage at ground level and erect a new first floor level to the garage. It is proposed to use the first floor of the garage as a games/storage room.

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the northern side of Bundock Street, Randwick and is occupied by an existing elevated single storey brick and tile dwelling. The site is an irregular shaped allotment, having a frontage of 8.84m/4.955m, depth of 76.95 and a total site area of 839.9m2. Adjoining the site to the east and west are existing elevated cottages.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A preliminary assessment was carried out on the subject application and a letter was sent to the applicant requesting consultation with Council Officers in order to rectify the issues raised in the preliminary assessment. The applicants were advised of the following issues relating to the application:

 

·         The assessment indicates that the proposed external wall height of the garage is approx 6.2m which is excessive and exceeds the preferred solution of 3.5 under the Development Control Plan – Dwelling Houses and Attached Dual Occupancies which is to ensure developments are not excessive in height and scale and are compatible with the existing character of the locality.

 

·         The plans indicate that it is proposed to locate the first floor addition approx 1m from the eastern and western boundaries. It is considered that the proposed setback and wall height has the potential to result in adverse amenity impacts upon the adjoining properties. In particular, the bulk and form of the proposed two-storey development will result in a dominant structure within close proximity to property boundaries.

 

·         A calculation of existing and proposed floor space ratio (FSR) was not provided with the application.

 

·         The Statement of Environmental Effects did not address the above matters, justify or explain variations or document compliance with the DCP.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

Paul and Helen Guillemont – 253 Rainbow Street, Coogee and

on behalf of No 112 Bundock Street, Coogee & 255 Rainbow Street, Coogee

 

-     Overshadowing on neighbouring properties will be increased and no shadow diagrams have been provided.

-     No AHD levels have been provided

-     No FSR calculations have been provided

-     No section through the proposal or types of finishes proposed

-     North elevation does not correspond to first floor plan

-     The structure is not square to its western boundary and is parallel to Bundock Lane.

-     Boundary Setback ofs 150mm is not shown on plan

-     First floor setback does not meet preferred solution of DCP

-     112 Bundock Street would like boundary infringement corrected

-     Current stormwater is directed to lane

-     Generally design and scale of structure is over sized and excessive

-     The plans are indicative of a self contained habitable area, which may be used for a secondary purpose.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Building and Construction Issues

 

-     BCA Classification

 

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

Garage – Class 10a

Dwelling – Class 1a

 

-     General Comments

 

No objection is raised with respect to compliance with the

 

·    Environmental Health and Building provisions of the Environmental Planning and Assessment Act 1979, as amended

·    Provisions of the Building Code of Australia

·    Provisions of the Local Government Act 1993 & regulations

 

7.    MASTER PLANNING REQUIREMENTS

 

Not Applicable.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

8.1  Policy Controls 

 

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

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has achieved performance requirements or  preferred solutions).

SOLAR ACCESS

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

 

·      Design minimise  energy  for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

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

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

·      Task lights.

·      Maximised natural lighting.

Ceiling and wall insulation to AS2627.1-1993.

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

 

 

N/A

 

 

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

 

 

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

 

S2  Private open space

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

Yes, windows receive 3 hours of sunlight.

 

 

 

 

Yes, private open spaces of adjoining properties receive 3 hours of sunlight.

 

 

P3  Design minimises use of mechanical appliances.

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise  energy requirements.

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management

 

P8  Windows sized to reduce summer heat and permit winter sun

 

 

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has achieved performance requirements or  preferred solutions).

 

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

 

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

 

N/A

 

 

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

 

 

 

 

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

 

P10  Construction materials are energy efficient and recyclable.

 

 

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

 

 

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

 

 

 

Yes, north facing windows receive 3 hours sunlight.

 

 

 

 

 

 

 

 

Yes, principle outdoor recreation to receive 3 hours sunlight.

 

WATER MANAGE-MENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

 

 

 

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

 

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

 

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

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

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

 

 

A suitable condition will be imposed, should approval be granted.

 

N/A

 

 

 

 

 

 

 

A suitable condition will be imposed, should approval be granted.

 

 

No proposed changes to plant species

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

 

P3  Local indigenous plant species used.

 

P4  Existing trees and shrubs retained.

 

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

 

P6  Unpaved or unsealed landscaped areas are maximised.

 

S1  40% of the total site area is landscaped.

 

S1  252m of useable private open space per dwelling.

 

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

Approx 43%, complies

 

 

Approx >192.78m2, complies

 

 

 

Complies

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

37%, complies

FLOOR AREA

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

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m20.9-Site Area(m2)

                            1500

>600m2            0.5:1

0.3:1, complies

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

 

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

 

 

 

P6  Design allows view sharing.

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

 

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

 

S3  Cut or fill does not exceed 1m.

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

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

 

 

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

 

No proposed changes to existing building.

 

 

Approx 6.2m, does not comply (see assessment below)

 

 

N/A

 

 

N/A

 

 

N/A

 

 

N/A

 

 

 

 

 

 

N/A

 

 

 

 

 

 

 

BUILDING SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

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

Front Setback

 

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

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

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

 

.

 

No proposed changes to existing building setback.

 

 

 

 

No proposed changes to existing building setback.

 

 

 

 

1.05m, and 170mm from eastern and western side boundaries respectively. Does not comply (see assessment below)

 

 

1.05m and 1m from eastern and western side boundaries respectively. Does not comply (see assessment below)

 

N/A

VISUAL & ACOUSTIC PRIVACY

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

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

 

 

 

 

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

 P1  Buildings provide comfortable living and sleeping environment.

 

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

 

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

 

 

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

 

S3  Buildings comply with

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

 

Windows do not overlook windows on adjoining property, complies.

 

 

 

 

Eastern first floor window facing open space of adjoining property. Does not comply (see assessment below)

 

Window sill height 1.4m. Does not comply (see assessment below)

 

 

 

 

N/A

 

SAFETY AND SECURITY

P2  Entries are readily identifiable.

 

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

S1,2,3  Front doors visible from street.

 

 

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

 

S2  Street number displayed.

 

S3  Fences comply with fencing requirements.

 

No proposed changes to front of existing building.

 

N/A

 

 

 

N/A

 

 

N/A

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.

 

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

 

 

 

 

 

 

5.7m x 7.2m, complies

 

 

N/A driveway existing

 

 

 

 

N/A

 

 

 

 

 

N/A existing

 

 

 

 

Garage to rear lane, complies.

 

 

 

 

N/AGarage located at rear.

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

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

 

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

N/A

 

 

 

N/A

 

 

 

N/A

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1   Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

Landscaping

 

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

 

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

 

The subject site has approx 43% landscaped area and of that approx 37% has a permeable treatment. The proposal satisfies the relevant preferred solutions and performance requirements relating to landscaping and open space.

 

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 839.9m2 is that a maximum floor space ratio of 0.5:1 applies. The proposal is below the maximum floor space ratio preferred solution for the site, this is largely due to the substantial site area. The proposal meets the relevant preferred solutions for floor area under the DCP – Dwelling Houses and Attached Dual Occupancies

 

Height, Form and 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 buildings or additions to the rear do not exceed 3.5m. The proposed garage/studio as originally lodged had an external wall height of 6.2m with a 1.7m high pitched roof. A letter was sent to the applicant advising of the unacceptable nature of the proposal and the applicant was requested to make modifications to the plans by reducing the wall height to meet the preferred solution and to liase with the Assessment Planner with regard to any amendments. No attempt was made by the applicant to liase with Council’s Assessment Planner and additional information was subsequently lodged. The additional information involved an amended statement of environmental effects and shadow diagrams which were not previously submitted with the original application. The amended statement of environmental effects stated that the proposed height of the first floor was required for storage. There have been no changes to the proposal which would warrant an approval. It is not considered reasonable that a storage area would require the provision of a bathroom on both the ground level and the first floor level.

 

The proposed outbuilding is excessive in wall height and coupled with the setbacks from the eastern, and western side boundaries is excessive in bulk and scale and will result in a dominant structure within close proximity to property boundaries. The proposal is considered to be unacceptable and is recommended for refusal.

 

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 outbuilding is setback 1.05m, and 170mm from eastern and western side boundaries respectively at ground level, and 1.05m and 1m from eastern and western side boundaries respectively, from first floor level and together with the excessive external wall height will result in a dominant structure which is excessive in bulk and scale. The proposal does not meet the relevant preferred solutions and performance requirements relating to side boundary setbacks.

 

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.

 

There are no windows proposed along the western elevations, however there are three window proposed along the eastern elevation. The proposed window at first floor level has a 1.4m sill height, although this does not meet the preferred solution of a 1.5m sill height, it is considered that the non-compliance is minimal and as such it is considered that minimal overlooking will transpire from the proposed outbuilding.

 

Garages & Driveways

 

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

 

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

 

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

 

The garage does not meet the applicable preferred solution for garages fronting a rear lane. The garage however, as it currently stands has an approx 170mm setback from the rear lane and is existing. The proposed garage has dimensions 5.72m x 7.205m which satisfies the minimum dimensions required for a car space under Development Control Plan – parking.

 

9.2     Proposed Design in relation to Existing Building and Natural Environment

 

The proposed double storey outbuilding is excessive in wall height and does not satisfy the relevant preferred solutions and performance requirements of the development control plan – Dwelling Houses and Attached Dual Occupancies. The proposed outbuilding will be a bulky and dominant structure and out of character with the surroundings. Furthermore, the design of the building externally with the inclusion of glass block windows extending along the external wall of the stairwell, the French doors opening up to the stairwell entrance area and the number of windows proposed together with the internal layout of the building including the provision of a bathroom on both the garage level and on the first floor level and the sink on the first floor level south eastern corner of the proposed “games room” indicate that the building may be used as a separate occupancy. Should the application be approved a suitable condition should be included in the recommendation prohibiting the use of the garage and “games room” as a separate occupancy.

 

9.3       Physical relationship to and impact upon adjoining development.

 

9.2.1    Overshadowing

 

Shadows cast by the proposed development would affect No 112 Bundock Street to the west in the morning period and No 116 Bundock Street to the east in the afternoon.

 

The DCP requires, as a preferred solution, that at least 3 hours of sunlight is received to principle outdoor recreation spaces and north facing windows of adjoining properties between 9.00am and 3.00pm on 21 June. If less than 3 hours are available under current conditions, access to sunlight is not reduced.

 

The shadow diagrams submitted by the applicant indicate that the majority of the shadows cast by the proposed development would fall onto part of the rear yard area of No. 112 Bundock Street to the west in the morning period up until 12 noon. The shadows cast by the proposed development would fall onto part of the rear yard area of No. 116 Bundock Street in the afternoon period from about 12 noon onwards.

 

Although the proposal satisfies the requirement for a minimum 3 hours of sunlight being received to the rear yards and living spaces of adjoining properties, the excessive wall height of the outbuilding will result in an unnecessary degree of additional overshadowing.

 

9.3       Other matters raised by objectors

 

The majority of the issues raised by objectors has been addressed above, the following relates to issues not previously addressed:

 

-     No AHD levels have been provided

-    

Comment:

 

The application involves a first floor addition to an existing garage with extensions to the garage at ground level. Given, that there will be no changes to existing ground level, the application with the relevant dimensions as shown on the plans are considered to be sufficient to allow a detailed assessment of the application.

 

-     North elevation does not correspond to first floor plan

Comment:

 

The windows on the first floor elevation are indicated on the far eastern side of the building which is not correspond on the floor plan which is indicated as being to the west. The plans are incorrect as the elevations do not reflect the floor plans.

 

-     The structure is not square to its western boundary and is parallel to Bundock Lane

Comment:

 

This is not considered to be a valid objection, the garage fronting Bundock Lane is existing, with a proposed extension to the east at ground level and will maintain a 230mm setback form the rear lane.

 

-     Boundary Setback is 150mm which is not shown on the plans.

 

Comment:

 

The plans indicate that the garage is currently setback 230mm from the rear lane, given that the garage exists and that there are no proposed changes to the setback from the rear lane, the additional garage area at ground level will maintain the current setback.

 

-     112 Bundock Street would like boundary infringement corrected

 

Comment:

 

This is a private matter and not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended.

.

-     Current stormwater is directed to lane

 

Comment:

 

Should approval be granted, a suitable condition will be imposed requiring stormwater to be drained to the street gutter or a suitably designed absorption pit.

 

10.  CONCLUSION

 

The proposal is unsatisfactory and has failed to satisfy the preferred solutions, performance requirements and objectives of the DCP – Dwelling Houses and Attached Dual Occupancies. The proposed outbuilding will be a bulky and dominant structure which is out of character with surrounding development.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 1027/2001 for Alterations and extensions to the existing garage including a new first floor addition over the garage at 114 Bundock Street, Randwick for the following reasons:-

 

1.        The proposed double storey outbuilding is excessive in wall height and does not satisfy the relevant preferred solutions and performance requirements of the Development Control Plan – Dwelling Houses and Attached Dual Occupancies.

 

2.        The proposed outbuilding will be a bulky and dominant structure and will be out of character with neighbouring development.

 

3.        The proposed outbuilding does not meet the relevant preferred solutions and performance requirements relating to side boundary setbacks and together with the excessive external wall height will result in a dominant structure which is excessive in bulk and scale.

 

4.        The submitted plans are inconsistent as the elevations do not correspond to the floor plans.

 

5.        The excessive wall height of the outbuilding will result in an unnecessary degree of additional overshadowing to adjoining properties.

 

6.        The proposed building will set in an undesirable precedent which would make it difficult to restrict excessively scaled outbuildings in the future.

 

ATTACHMENT/S:

 

A4 reductions

 

 

 

 

………………………………

………………………………

 

NADIA ELBOTATY

ACTING DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER



 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

11 September, 2002

FILE NO:

DA1058/2001

 

PROPOSAL:

 Section 82A review of Conditions Nos. 7 and 9 of development consent relating to the rear balconies and building height

PROPERTY:

 16 Dwyer Avenue, Little Bay

WARD:

 South Ward

APPLICANT:

 Archivision

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as Council determined the original application.

 

The applicant has requested a review of Conditions Nos.7 and 9 of the development consent which restrict the size of the rear balconies of the proposed dwelling to 2m in depth and require a reduction in the dwelling’s overall height by 300mm through reductions in floor to ceiling heights.

 

No objection is raised to the proposed lowering of the dwelling by 300mm into the ground as this will meet the objective and intent of Condition No.9 of the development consent. However, the proposal to amend the design of the rear balconies and to delete Condition No.7 restricting the size of the rear balconies is not supported due to amenity impacts of view and privacy loss, and visual bulk and scale on neighbouring properties, especially No.18 Dwyer Avenue. Further, the proposal to amend the design of the rear balconies can not be considered under the review provisions of Section 82A of the Environmental Planning and Assessment Act 1979 (as amended).

 

It is recommended that Condition No.9 be modified to allow for the proposed reduction in building height but that Condition No.7 remain unaltered.

 

2.    HISTORY OF THE DEVELOPMENT APPLICATION AND PROPOSAL

 

Development Application No.1058/2001 for the demolition of an existing single storey dwelling and the erection of a two-storey dwelling house with attached double garage was considered by Council’s Health Building and Planning Committee at its meeting held on 11 June 2002 when it was resolved to approve the application subject to conditions including:

 

7.         The rear balcony shall be amended to be of a non-curvilinear design so as to reduce the impact of view obscuring to the adjoining property as would be experienced by the effect of a double column. Details of the amended balcony shall be submitted to the principal certifier as part of the application for Construction Certificate.

 

            9.         The overall height of the dwelling is to be reduced some 300mm to be taken from the floor to ceiling heights of the dwelling, details are to be provided prior to release of the construction certificate.

 

By application dated 16 July 2002, the applicant has requested a review of the above conditions of development consent under Section 82A of the Environmental Planning and Assessment Act, 1979 (as amended). Approval is sought to delete condition No.7 above and to amend the design of the rear balconies of the proposed development to be non-curvilinear and 3.0m in depth with only two column supports, in lieu of the previously proposed curvilinear balconies of maximum depth 3.6m with four column supports. The application also seeks to amend Condition No.9 above to allow a reduction in the overall height of the proposed dwelling by 300mm by setting the building further into the ground instead of reducing floor to ceiling heights. 

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the western side of Dwyer St. The site area is 600.7sqm, with a street frontage of 15.4m and a length of 38.10m to the southern boundary and 41.68m to the northern boundary.

 

The site falls approximately 4.0m from the eastern boundary with Dwyer Avenue to the rear western boundary and has a slight cross fall from north to south.

 

Properties along this side of Dwyer Avenue enjoy extensive westerly and south westerly views to Botany Bay and the Port Botany terminal.

 

The streetscape consists of a number of architectural styles; the original built form is detached, single storey weatherboard and there are modern infill developments in the immediate locality of a similar design to that proposed. The surrounding area is undergoing substantial redevelopment. There have also been a number of dual occupancy developments within the streetscape. The adjoining properties to the subject site are a two storey dwelling to the north and a single storey dwelling to the south. The properties to the east are predominantly single storey however the property directly to the rear of the subject site is part-one/part-two storey.

 

4.    STATUTORY REQUIREMENTS UNDER SECTION 82A:

 

Section 82A of the Environmental Planning and Assessment Act 1979, as amended, enables an applicant to request a Review of a Determination of a Development Application or condition/s of Development Consent.  Council may review the Determination, and as a consequence of the review, may confirm or change the Determination.

 

A review can only be made on the application as determined.  The application cannot be altered or amended as part of the review process.

 

5.    ZONING AND STATUTORY ASSESSMENT PROVISIONS:

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council's consent.  The proposal has been assessed in accordance with the following controls and is consistent with the provisions of these 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

 

6.    COMMUNITY CONSULTATION:

 

The owners and occupiers of adjoining properties were notified of the original development application on 29 November 2001.   As a result of this notification, 5 submissions (including 3 pro former letters) objecting to the proposal were received. 

 

Section 82A of the EPA Act does not contain any statutory requirement to notify any request for review of a determination or a condition/s of development consent as the application as the proposal remains unaltered.  However, in the interests of informing residents likely to be affected by the proposal should it be approved, the application was renotified to adjoining and nearby property owners on 26 July 2002. During the notification period, one submission was received from R and E Griffiths of 18 Dwyer Avenue, Little Bay. The submission states that no objection is raised to the proposed lowering of the building by 300mm; however, concerns regarding loss of Botany Bay views and overlooking due to the proposed rear balconies are re-iterated    

 

7.    TECHNICAL OFFICERS COMMENTS

 

The original application was referred to the relevant technical officers, including where necessary external bodies and the following comments were provided:-

 

7.1  Landscape Issues

 

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

 

1.   One specimen of Schefflera actinophylla (Umbrella Tree) located towards the north eastern boundary of the front of the site. This tree is in the order of approximately 4-5m in height appears to be good condition and is not covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree.

 

2.   Two specimens of Plumeria sp. (Frangipani Tree) located along the eastern boundary of the front of the site. These trees are in the order of approximately 2-3m in height appear to be in good condition and are not covered by Council’s Tree Preservation Order. Permission is granted for the removal of these trees subject to one replacement street tree located along Council’s nature strip.

 

3.   One specimen of Ligustrum sp. (Privet Tree) located towards the south eastern boundary of the front of the site. This tree is in the order of approximately 3m in height appears to be in average condition and is not covered by Council’s Tree Preservation Order. This tree is an environmental weed in the Randwick area. Permission is granted for the removal of this tree. 

 

4.   One specimen of Ligustrum sp. (Privet Tree) located along the northern boundary of the front of the site. This tree is in the order of approximately 5-6m in height appears to be in average condition is severely lopped at the base of the trunk and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree subject to one replacement tree (not palm) planted within the site.

 

7.2  Drainage Issues

 

Generally all site stormwater including the impervious areas (e.g roof/hard paved areas) shall be piped to sediment/silt arrester pit that drains to a minimum size 5 metre square base infiltration area.

 

8.    ENVIRONMENTAL ASSESSMENT

 

8.1 Reasons for review

 

            The applicant has provided the following reasons for requesting the review:-

    

- Condition no.7-Rear balconies:    

 

The condition requests the rear balconies be amended to a maximum depth of two metres and non-curvilinear so as to reduce the impact of obscuring to the adjoining property. My client requests that the balconies be three metres in depth (a reduction still of 1 metre) to allow a table and chairs to adequately be utilised. The balcony will be curvilinear and to further create an unobtrusive and open presentation, two columns are to be deleted leaving only the end columns for structural support. This allows views to be appreciated by the adjoining property without any vertical elements to obscure their line of sight. We feel this proposal meets the objectives of the condition whilst allowing proper usage of the balconies.

 

- Condition no.9-overall height

 

The condition requests the overall height of the dwelling be reduced by 300mm and this amount taken out of the floor to ceiling heights during the assessment of the application. Further reductions will create low ceilings which, especially on the top floor level will be highlighted given the open plan design of the dwelling. We propose to reduce the overall height of the dwelling by 300mm as requested, but achieve this by additional excavation. This not only reduces the overall height but also the external wall heights, which in turn will be more in keeping with the aims and objectives of the DCP. The garage will remain at the approved floor RL and its internal floor to ceiling height just reduced by 300mm.

 

8.2  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.

 

No objection is raised to the proposed lowering of the dwelling by 300mm into the ground in lieu of reducing floor to ceiling heights as this will meet the objective and intent of Condition No.9 of the development consent in reducing building bulk and scale and view impacts on dwellings located on the opposite side of the street.

 

However, the proposal to delete Condition No.9 restricting the size of the rear balconies and to amend their design is not supported.

 

Council’s DCP objectives specify that development not be excessive in bulk or scale   and be compatible with the existing character of the locality.

 

The preferred solution for floor area is 0.5:1 for the site area. Decks and terraces more than 1m above ground level and exceeding a total area of 40sq m are included as floor area. The proposed floor space ratio inclusive of the proposed 96.93 sq m of balcony/terrace areas to the front and rear of the building is 0.749:1 (0.588:1excluding the terraces/balconies).  The proposed rear balconies of the development contribute significantly to the overall bulk and scale of the proposed building as viewed from the rear of neighbouring properties and will project significantly beyond the rear setbacks of adjoining and nearby dwellings along this section of Dwyer Avenue, especially at the first floor level. Furthermore, the rear extent of the proposed balconies, particularly at the first floor level, will result in a significant reduction in the more desirous south westerly views towards Botany Bay enjoyed from the rear first floor balcony of the adjoining northern dwelling at No.18 Dwyer Avenue and will provide the potential for more direct and significant overlooking of neighbouring properties. In addition, the applicant has proposed amendments to the size and configuration of the rear balconies, which cannot be considered under the provisions of Section 82A of the Environmental Planning and Assessment Act (as amended).

 

Condition No.9 of the development consent requires appropriately a reduction in the width of the rear balconies to 2.0m, which will reduce the impacts identified above. It is therefore recommended that the condition remain.

 

9.    CONCLUSION

 

No objection is raised to reducing the height of the proposed building by 300mm by lowering it into the ground in lieu of reducing floor to ceiling heights as required by condition No.9 of the development consent. However, the proposed amendments to the design of the rear balconies and request for the deletion of Condition No.9 of the development consent, which requires a reduction in the depth of the rear balconies to 2.0m, are not supported on statutory and merit grounds.

 

RECOMMENDATION:

 

A.  THAT Council's original decision to impose Condition No.7 on Development Consent No.01/01058/GA dated 20 June 2002 for No.16 Dwyer Avenue, Little Bay be confirmed.

 

B.  THAT Condition No.9 be amended to read as follows:-

 

9.         The overall height of the dwelling is to be reduced by 300mm such that the first floor ceiling line does not exceed RL43.568. Details of compliance are to be provided in the construction certificate plans.

 

ATTACHMENT/S:

 

Director of Planning and Environment's report on the original Development Application to Council's Health Building and Planning Committee Meeting held on 11 June 2002.

A4 Configurations     

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STEVEN HUGHES

ACTING DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

22 March, 2002

FILE NO:

D1058/2001/GA

 

PROPOSAL:

 Demolish existing dwelling and erect new two storey dwelling

PROPERTY:

 16 Dwyer Ave Little Bay

WARD:

 South Ward

APPLICANT:

 Archivision Design

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Chris Bastic, Michael Daley, Charles Matthews, Alan White.

 

The application is for demolition of an existing single storey dwelling house and erection of a new two storey dwelling.

 

The main issues relating to this application are:

 

·          View loss from the properties to the east of the subject site

·          Non compliance with FSR

·          Non compliance with external wall height maximum

·          Non compliance with setbacks

 

These issues are either resolved with conditions or the proposal achieves the performance requirements and objectives of the DCP and as such the recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

The proposed development is for the demolition of an existing single storey dwelling to allow for the erection of two-storey dwelling. The floor area of the proposed dwelling is some 455.13sqm. Four bedrooms and a double garage are proposed to the ground floor and living rooms and one bedroom to the first floor. Extensive balconies are proposed to both the ground and first floor rear and a terrace to the front of the first floor.

 

A single driveway crossing is proposed to Dwyer Ave and a front fence to this frontage.

 

The architectural style of the dwelling is contemporary with a flat roof and extensive windows to the front and rear elevations.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the western side of Dwyer St. The site area is 600.7sqm with a street frontage of 7.6m and a length of 38.10m to the southern boundary and 41.68m to the northern boundary.

 

The site falls moderately from the east to the west  a difference of some 1.6m  with a cross fall from north to south.

 

The western properties (including this site) benefit from extensive views over Port Botany.

 

The streetscape is made up of a number of architectural styles; the original built form is detached, single storey weatherboard and there are modern infill developments in the immediate locality of a similar design to the proposed. The surrounding area is undergoing substantial redevelopment. There have also been a number of dual occupancy developments within the streetscape. The adjoining properties to the subject site are two storey dwelling to the north and single storey to the south. The properties to the east are predominantly single storey however the property directly to the rear of the subject site is part one part two storey.

 

4.         SITE HISTORY

 

a.   HISTORY OF SITE USAGE

 

Council has no record of any development applications being lodged previously for this site. The site currently accommodates a modest family home of weatherboard construction, single storey in keeping with the original built form for the street.

 

b.   APPLICATION HISTORY

 

The Development Application was received on the 7/11/01. A letter of issues was sent to the applicant on the 8th January 2002 identifying a number of concerns with the proposal. These related to:

 

1.   Unacceptable amenity impact to the adjoining property with overshadowing.

 

2.   Overlooking to adjoining properties from the first floor

 

3.   Insufficient level of wall modulation.

 

4.   The dwelling should be terraced down the site to reduce bulk and scale.

 

5.   The proposed front fence is out of character with the streetscape.

 

As a result of this letter of issues a meeting was held between the applicant, owner and the assessing officer. At this meeting it was considered that the dwelling should be setback further from the rear of the site and the width of the balcony reduced so as to reduce the level of overlooking to the adjoining property and to preserve the views of no. 18 Dwyer which was raised as an issue in an objection. The design of the front fence was also revisited. The applicant indicated that terracing the development to respond to the slope would result in steps within the dwelling, which would make living in the dwelling when aged difficult. The reduction in the length of the building aided the issue of wall length and lack of modulation to the Assessing Officer’s satisfaction.

 

A final letter of issues was sent on the 2nd April 2002 requesting additional information and recommending that the applicant consider an additional setback of the garage off the side boundary. As a result of this letter the following changes and additional information was received:

 

·      Concept landscape plan.

·      Nathers assessment and report.

·      Amended FSR calculation relating to the previous amendments

·      Additional side setback to 300mm off the northern boundary.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with Clause 23 of Randwick Local Environmental Plan 1998. The following submissions were received:

 

5.1       Objections

 

The proposal was notified to surrounding property owners on the 15th November to the 29 th November 2001.  In response to this notification/advertising, the following objections have been received:-

 

A pro forma letter of objection was received from four (4) properties:

 

JC Stark- 20 Dwyer Ave

 

L & S Jones- 19 Dwyer Ave

 

F J & NB Maher- 21 Dwyer Ave

 

B & M Bellby- 17 Dwyer Ave

 

·    Reduction of views to No. 17 & 21 Dwyer and loss of views for No. 19.

·    Proposal does not comply with Council’s DCP

·    Height, bulk and scale of the development are inconsistent with the surrounding streetscape.

 

R & E Griffiths- 18 Dwyer Ave

 

·    Concern for the bulk and scale

·    Concern for the height

·    Loss of views a result of the rear setback

·    Impact of side setback

·    Concern for design and streetscape impact

 

5.2       Support

 

No correspondence in support of the application was received for this 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       Landscape Issues

 

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

 

1.   One specimen of Schefflera actinophylla (Umbrella Tree) located towards the north eastern boundary of the front of the site. This tree is in the order of approximately 4-5m in height appears to be good condition and is not covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree.

 

2.   Two specimens of Plumeria sp. (Frangipani Tree) located along the eastern boundary of the front of the site. These trees are in the order of approximately 2-3m in height appear to be in good condition and are not covered by Council’s Tree Preservation Order. Permission is granted for the removal of these trees subject to one replacement street tree located along Council’s nature strip.

 

3.   One specimen of Ligustrum sp. (Privet Tree) located towards the south eastern boundary of the front of the site. This tree is in the order of approximately 3m in height appears to be in average condition and is not covered by Council’s Tree Preservation Order. This tree is an environmental weed in the Randwick area. Permission is granted for the removal of this tree. 

 

4.   One specimen of Ligustrum sp. (Privet Tree) located along the northern boundary of the front of the site. This tree is in the order of approximately 5-6m in height appears to be in average condition is severely lopped at the base of the trunk and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree subject to one replacement tree (not palm) planted within the site.

 

6.2       Drainage Issues

 

Generally all site stormwater including the impervious areas (e.g roof/hard paved areas) shall be piped to sediment/silt arrester pit that drains to a minimum size 5 metre square base infiltration area.

 

Standard conditions of consent were imposed for Drainage, Traffic and Landscaping.

 

7.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

·    Randwick Local Environmental Plan 1998

·    Development Control Plan- Dwelling Houses and Attached Dual Occupancies

·    Development Control Plan- Parking.

 

(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. Clause 10 of the LEP 1998 provides the objectives of the zone:

 

(b)            To maintain the character of established residential areas;

 

(c)            To enable redevelopment for low-density housing forms including   dwelling houses, where such development does not compromise the amenity of surrounding residential area and is compatible with the dominant character of existing development

 

The character of the area is changing and as such a variety of architectural styles are currently contained within the street. The proposed contemporary design is consistent within the emerging character of the area.

 

The redevelopment of this site will not result in an unacceptable amenity impact to adjoining properties and is generally consistent with the dominant character of the area.

 

7.1       Policy Controls

a.     Development Control Plan- Dwelling Houses and Attached Dual Occupancies Relevant controls, solutions and requirements;

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

·      Design minimise  energy  for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

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

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

 

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

 

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

 

S2  Private open space

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

 

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

Complies

 

 

 

 

Complies sunlight access achieved to living areas to the first floor of neighbouring properties.

 

 

Complies- solar access maintained to private open space.

 

 

Non compliance however existing level of overshadowing is similar and is not further reduced.

 

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

 

·      Task lights.

·      Maximised natural lighting.

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

 

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

 

 

 

 

 

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

 

 

 

 

 

Complies

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

 

 

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

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

Complies via conditions of consent.

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

 

P6  Unpaved or unsealed landscaped areas are maximised.

 

S1  40% of the total site area is landscaped.

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

S6  20% of the site area is permeable.

 

 

Complies

 

 

Complies

 

 

Complies

 

 

Complies

 

 

 

Complies

FLOOR AREA

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

FSR

>600m2            0.5:1

Preferred solution= 0.5:1 Proposed= 0.57:1.

Non compliance with preferred solution but performance requirement achieved.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

P2  Designed to enhance built form and character of street.

 

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

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

P6  Design allows view sharing.

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

 

 

 

S3  Cut or fill does not exceed 1m.

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

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

 

7m provided

Non compliance but meets performance requirements.

 

Complies

 

 

Complies

 

 

Complies

 

 

Non-compliance but meets performance requirements.

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.

 

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.

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

Complies with conditions of consent to increase side setbacks to achieve preferred solution.

 

Non-compliance however no adverse impact achieves performance requirement.

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

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

 P1  Buildings provide comfortable living and sleeping environment.

 

P2  Entries are readily identifiable.

 

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S1,2,3  Front doors visible from street.

 

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

 

S2  Street number displayed.

 

 

S3  Fences comply with fencing requirements.

 

Complies no issues of overlooking or loss of privacy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

·      enable the efficient use of car spaces.

·      safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

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

 

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

 

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

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

 

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

 

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

 

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

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Non-compliance however achieves performance requirement.

 

 

Complies

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

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

 

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

Non-compliance to be amended through conditions

 

8.         ENVIRONMENTAL ASSESSMENT

 

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

8.1     Local Environmental Planning Instrument’s and State Environmental Planning Polices (SEPP)

 

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

 

8.2     Development Control Plan- Dwelling Houses and Attached Dual Occupancies

 

          An assessment of the proposal indicates that it does not achieve all of the preferred solutions however the performance requirements are satisfied. The areas of non-compliance with preferred solution are: Floor Space ratio, side building setbacks and external wall height. Compliance with the relevant performance requirements is discussed below.

 

8.3     Floor Space Ratio

 

Council’s DCP objective specifies that development not be excessive in bulk or scale but is compatible with the existing character of the locality.

 

The preferred solution is 0.5:1 for the site area and the proposed FSR is 0.57:1. The originally submitted plans had a FSR of 0.67.  However the amendments in terms of shortening the length of the building have significantly reduced the floor space of the proposal.

 

Justification for the variation from the controls were provided with the application these are outlined below:

 

1.         The proposal is compatible with the existing streetscape, neighbouring dwellings and character of the locality.

 

2.         Building bulk is compatible with surrounding built forms and also minimises adverse affects of bulk onto adjoining neighbours and the street.

 

3.         The additional floor area is not contained to a particular section of the design but over two levels.

 

4.         The additional floor area will not create any adverse affects to adjoining dwellings.

 

5.         There is sufficient private open space incorporated into the overall design.

 

6.         The allotment is easily large enough to accommodate the proposal.

 

7.         The design and style of the proposal will enhance the predominant neighbourhood and street character.

 

8.         The guidelines of Council’s polices have been respected and reflected in the quality of the proposal.

 

9.         There are a numerous examples and reconstructed dwellings in the immediate area of similar height, scale and bulk.

 

10.       The proposal is situated in an area that is constantly being upgraded with older style homes being demolished and replaced with new designs that meet the current lifestyles and trends.

 

The FSR has been reduced to 0.57:1 with the amendments to the plans and this reduction is considered to be sufficient such that the variation is considered acceptable having regard for the proposed site coverage and the built form of the more recent developments in the immediate vicinity which are large developments of two and three storeys which would be likely to be higher than the preferred solution for FSR. The proposed FSR is unlikely to have an adverse impact on the amenity enjoyed by adjoining neighbours. Whilst there is overshadowing experienced for the proposal this would be experienced regardless of the floor area of the site due to the north-south orientation of the site. View loss another amenity impact which is discussed later in this report is not considered to be a sufficient reason for refusal and would not be improved by reducing the floor area of the development. The proposed FSR complies with the performance requirements contained within the DCP and the variation is supported.

 

8.4       Building setbacks

 

The proposed front setback is consistent with the properties within the street. The front setback will be 5.6m compared with the adjoining setbacks of 8m to the north and 5.8m to the south. Generally the setback of the street is between 5m and 6m.

 

The preferred solution for side setbacks for a two-storey dwelling is 1500mm. The side setback provided for the dwelling is 1350mm to each side boundary. The variation is minimal and is greater than the setbacks provided by the adjoining properties. The variation was argued by the applicant in terms of minimal impact to adjoining properties.

 

Increasing the setbacks to 1500mm would result in very little improvement to the development in relation to scale and bulk. The infill developments within the streetscape are increasingly providing large contemporary dwellings, which read as bulky buildings alongside the original cottages. Increasingly the modern styles are replacing these original dwellings and as such the streetscape is being varied. The proposal is consistent with the emerging built form and streetscape character.

 

Improving the side setback would not substantially decrease the level of overshadowing and as such the variation is seen to have negligible impact.

 

The length of wall without modulation for the southern elevation is some 19m. The length of wall exceeds the preferred solution of 12m where the first floor addition is less than 1500mm from the southern boundary. The variation whilst numerically large will have very little impact on the adjoining property to the south. The level of overshadowing would not be reduced should the side setback be increased to 1500mm and reduced to 12m due to the orientation of the site. In terms of visual bulk, balconies on the eastern and western elevation reduce the impact of the additional wall length by providing for a level of articulation.

 

The proposed rear setbacks are 15.4m to 12.4m which is consistent with the adjoining properties and achieves the preferred solution. The rear setback was increased through amended plans so as to address an issue of concern raised in an objection letter. This amendment resolves the issue of view loss to No. 18 Dwyer Ave.

 

The garage was originally proposed to have a zero setback from the boundary. Amended plans were requested to increase this setback to closer to 900mm however the amended plans propose an additional setback of 300mm, which is not considered acceptable. As the frontage to the site is large it is considered that the site could support more generous setbacks and a condition of consent will be imposed to require the setback to the garage to be 900mm.

 

8.5       Height, Form and Materials

 

The proposed two-storey dwelling is of modern design providing for a large house as infill development. The number of examples of modern architecture within the immediate streetscape is increasing resulting in an emerging form of contemporary architecture for the newer infill development sites resulting in a changing streetscape. Currently there is no dominant built form or character that needs to be reflected in any new building form. The proposed design of the dwelling is sympathetic to the emerging form and will not result in a detrimental impact on the streetscape of Dwyer Ave.

 

Details of the proposed materials and finishes of the building have not been detailed as part of the development application, however the dwelling will be rendered with extensive windows to the rear elevation to take advantage of the view. The roof form is a parapet and flat roof so as to reduce the height of the dwelling. This roof form will be an acceptable infill development form. Details of the finishes can be addressed at Construction Certificate stage.

 

The height of the development is greater than the adjoining single storey dwellings however considered to be acceptable for a two storey dwelling. The external wall height is varied by less than 500mm, this variation is not considered significant. A reduced height of the development would have been achieved through terracing the dwelling down the slope to the rear of the site however the applicant desired a flat dwelling to allow for ageing in place whereby the house could be utilized at a later age when mobility is more difficult.

 

The impact of the height of this development is that a property to the eastern side of the street will experience loss of views. The properties to the east were visited and the anticipated view loss will be for the locational views of Botany Bay currently possible due to the subject site being single storey. Some views will remain to the properties to the east as the dwelling to the south of the subject site remains single storey.

 

The primarily affected property is no. 19 Dwyer Ave. Only a section of this property overlooks the subject site to views of Botany Bay.  A photograph was provided of the view from the partial first floor of no. 19 Dwyer that demonstrates the views currently enjoyed. This view loss will block out the foreshore of the Bay. The principles of view sharing have been considered in the assessment of this application, however it is considered that any redevelopment of the subject site would result in view loss due to the low scale design of the eastern properties.

 

The proposed floor to ceiling heights for the ground and first floors is 2.7m, it is recommended that the level be reduced for the overall height of the dwelling by 300mm to benefit no.19. The increase in foreshore views will be minimal however it is considered that it will increase the distant views of the Bay. The reduced floor to ceiling height will also have the result of reducing the perceived bulk and scale of the development from the streetscape and to adjoining properties. Details of this revised floor to ceiling height can be lodged as part of the Construction Certificate.

 

8.6       Visual and Acoustic privacy

 

The primary habitable rooms are located to the first floor with bedrooms to the ground floor. To the southern elevation the primary concern for overlooking would be to the rear yard of No. 14 from the dining room window and the balcony of the subject site. The other windows do not raise a problem, as the existing dwelling to the south is single storey. It is recommended that planter boxes and screening be provided to both ends of the rear balconies to ensure that direct overlooking is restricted and that some form of screening or obscuring of sightlines be provided to the dining room window.

 

To the north the primary windows of concern are set above the height of the existing roof pitch of the adjoining property. As with the southern elevation conditions of consent could be imposed to ensure that overlooking is restricted through some form of screening to the balconies. It should however be noted that the neighbour to No.18 requested that the view through the neighbours balcony not be obstructed.

 

A concern was raised for the privacy to No. 18 by the presence of the northern steps leading out of the dwelling to the rear yard. The concern was that the level of the stairs would be higher than the fence to the adjoining property. As the use of the stairs would be temporal, there would be limited opportunity for overlooking.

 

8.7       Garages, Carports and Driveways

 

The proposed double garage is set within the envelope of the development to the ground floor. There is no excavation proposed. The garage is setback zero meters from the boundary (northern). This setback is not considered to be acceptable, as it will result in additional bulk on the boundary resulting in an unacceptable impact. The street frontage has satisfactory width to allow for compliance with the preferred solution setback of 900mm. A suitable condition is included in the recommendation requiring a 900mm setback from the side boundary.

 

 

8.8       Fences

 

A front fence is proposed as part of this application. The fence is to be a maximum height of 1500mm with 600mm solid masonry and 900mm permeable construction. The proposed fence was amended by the applicant to reduce the height of the structure, however the streetscape does not have any existing examples of fences as proposed even in the newer development. The pattern of front fencing is for 600mm brick. It is recommended that the front fence be reduced to an overall height of 1200mm with 600mm masonry and 600mm wrought iron permeable construction. Whilst this would be a variation from the existing pattern of fences the impact would be reduced and could be further softened or concealed through the use of screen planting. These amendments could be received at construction certificate stage.

 

8.9       Issues raised in Submissions

 

a.         Height, Bulk and Scale of the development are inconsistent with the surrounding streetscape.

 

            This matter has been discussed previously within this report. Whilst the proposed dwelling does not reflect the existing built form of the streetscape, the streetscape is varied and experiencing a period of transition. The immediate dwellings are weatherboard cottages that are considered to be the subject of development applications in the future and within the greater streetscape there are a variety of built forms. The new dwelling provides for a modern infill development.

 

            The height of the development has also been discussed previously and for the greater part, the proposal complies with the preferred solution. Where there is a non-compliance this will be rectified by a condition to reduce ceiling to floor heights.

 

b.         The proposal does not comply with Council’s DCP.

 

The proposal has been assessed against Council’s DCP and the assessment and discussion on compliance with the performance requirements has been provided within this report.

           

c.         Reduction of views from no 17 and 21 and removes view from No. 19

 

            The adjoining properties are primarily single storey dwellings. No 19, which is directly behind No.16, has a partial first floor. A photograph of the existing view has been submitted with the objection and the loss of views has been considered. The property has had the benefit of views on the proviso that the subject site did not redevelop. The subject site is now considered appropriate for redevelopment, as the existing cottage is ready for redevelopment. Any form of two-storey development would restrict views and retention would only be through developing within the existing envelope.

 

            View sharing as a requirement would be difficult to achieve due to the location of the two properties and the gradients of the land. The overall height of the development is to be reduced through a lowering of the floor to ceiling height and this will go some way to improving distant Bay views however not the views of the foreshore.

 

            The other objecting properties raising issues of loss of views are not as critical as no. 19 and their opportunity for redevelopment is noted. The views currently enjoyed by the easterly properties are dependent on the westerly properties remaining as single storey cottages, which is not a reasonable expectation given the scale of development provided for under the DCP- Dwelling Houses and Attached Dual Occupancies.

 

d.         Bulk and scale

 

            The concerns raised for the length of the development have been rectified by the reduction of the overall length of the dwelling as provided in the amended plans. The FSR is also reduced in the development to 0.57:1. The impact of bulk and scale has been already addressed within this report.

 

e.         Height to no. 18

 

The matter of height has been already discussed within this report. Whilst the height is greater than the adjoining properties, which are predominantly single storey, the height does comply with Council’s preferred solution once the floor to ceiling height is reduced by 300mm.

 

f.          Views and rear setback to no. 18

 

            This matter was resolved through the amended plans. The only outstanding matter was that the balustrades and balcony design not further restrict overlooking.

 

g.         Side setback

 

            This has been previously addressed in this report. The preferred solution is not achieved however compliance with the solution would have minimal benefit on the level of residential amenity to be enjoyed.

 

h.         Design and streetscape

 

This matter has been previously addressed.

 

9          CONCLUSION

 

The proposed development has been assessed in accordance with Council’s DCP and RLEP 1998. The proposed dwelling is the first of a redevelopment of this section of Dwyer Ave. A number of large dwellings and dual occupancies are located within the streetscape however for the immediate vicinity this is the first, as a result the perceived impact of the development is greater than what will actually result. The proposal generally complies with the performance requirements and objectives of the DCP. The proposal was the subject of amended plans aimed at addressing objector’s and Council’s issues of concern. These amended plans are considered to rectify the primary concerns such that the proposed dwelling is an acceptable design solution. Additional conditions of consent will further improve the proposal. The application is recommended for approval subject to conditions.

 

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 1058/01 for Demolish existing dwelling and erect new two storey dwelling at 16 Dwyer Ave Little Bay subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans numbered 1202/02 1 of 2 and 2 of 2 dated Feb 2002 and received by Council on 26/2/02 & 29/4/02, 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:

 

ENVIRONMENTAL AMENTITY:

 

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 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)         a construction certificate being issued for the proposed development.

 

3.         The northern garage wall is to be setback to 900mm from the boundary. Details of the amended garage shall be submitted to the principal certifier as part of the application for Construction Certificate.

 

4.         The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

 

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

 

6.         A 1mx1m splay or recess is to be provided to the sides of the entrance to the driveway to the premises or alternatively, any fencing within 1m of the driveway shall be of open design to provide adequate pedestrian and vehicular vision to the satisfaction of council.

 

7.         The rear balcony shall be amended to be of a non-curvilinear design so as to reduce the impact of view obscuring to the adjoining property as would be experienced by the effect of a double column. Details of the amended balcony shall be submitted to the principal certifier as part of the application for Construction Certificate.

 

8.         The proposed front fence is to be a maximum overall height of 1200mm with 600mm solid brickwork and 600mm open material infill. Details are to be provided prior to the release of the Construction Certificate.

 

9.         The overall height of the dwelling is to be reduced some 300mm to be taken from the floor to ceiling heights of the dwelling, details are to be provided prior to release of the construction certificate.

 

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

 

11.       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.

 

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 fro or upon the adjoining premises.

 

13.       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.

 

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

 

15.       Planter boxes shall be provided to the northern and southern ends of the rear ground and first floor balconies. The planter box shall have a soil depth of 600mm with a width of 300mm to allow for plantings to achieve a maximum height of 1500mm.

 

WASTE MANAGEMENT:

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

 

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

 

17.       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:

 

18.       Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

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

 

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

 

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

 

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

 

20.       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.

 

21.       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.

 

22.       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.

 

23.       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.

 

23.       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

 

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

 

26.       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.

 

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

 

28.       Building materials, sand, 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.

 

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

 

30.       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”.

 

31.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

OCCUPATIONAL HEALTH AND SAFETY:

 

The following conditions are applied to ensure adequate environmental protection.

 

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

 

·    Occupational health and Safety Act 1983 (NSW)

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

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

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

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

 

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

 

Security Deposit Conditions:

 

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

 

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

 

a)   $1000.00   -           Vehicular crossing deposit

 

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

 

Traffic conditions/Civil Works Conditions:

 

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

 

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

 

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

 

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

 

41.       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.

 

42.       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:

 

43.       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:

 

            200mm below the top of the kerb at all points opposite the kerb, along the full site frontage.

 

            Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department. The design alignment level at the property boundary must be strictly adhered to.

 

44.       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.

 

45.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $251.00 calculated at $16.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

47.       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.

 

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

 

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

 

49.       Generally all site stormwater including the impervious areas (eg roof/hard paved areas) shall be piped to a sediment/silt arrester pit that drains to a minimum size 5 metre square base infiltration area.

 

            The location and details of the proposed internal stormwater pipelines, silt arrestor pit and the infiltration area shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority.

 

Notes:

 

a.   The sediment/silt arrestor pit shall be constructed:-

 

i.          within the site at or near the street boundary.

ii.          with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

iii.         with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

iv.         with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

v.         with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes that will drain to the infiltration pit and the kerb. (pit similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b.   The infiltration/rubble pit shall:-

     

i.        have a minimum of 300 mm of soil cover (600 mm where the pit is located under a garden/landscaping area).

ii.        be located a minimum of 3.0 metres from the dwelling or other structure (closer if a structural engineer certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

iii.       be constructed with a minimum 200 mm thick layer of 20 mm basalt that is wrapped with a suitable geotextile material covering with a high filtration rating (Geofabrics Bidim "A" range of filtration fabrics or equivalent). A suitable means of dispersing the stormwater over the area of infiltration is to be constructed.

          Note  other equivalent methods of infiltration can be adopted.

iv.       have a minimum base area of  5.0 square metres (m2).

          be a minimum of 100 mm below the outlet pipe from the silt arrestor pit.

 

c.     This condition will not be enforced should the underground soil conditions preclude the construction of  the infiltration pit (eg rock is located within 300 mm of the base of the infiltration area).

 

            All works shall be to the satisfaction of the certifying authority.

 

50.       Where feasible, the driveway and exterior paving within the development site shall be constructed with a permeable brick paving or other similar material that will allow stormwater to infiltrate to ground (eg Rocla permeable paving)

 

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

 

LANDSCAPE CONDITIONS:

 

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

 

52.       That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf. Such works shall be completed at the applicants expense prior to the issue of the Occupation Certificate.

 

53.       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.

 

54.       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.

 

55.       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

 

56.       The applicant shall submit payment of $220.00 to Council,

 

a.         Being the cost for Council to supply and install 1 x 75 litre street tree at the completion of all works, and

 

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

 

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

 

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

 

a) One specimen of Ligustrum sp. (Privet Tree) located along the northern boundary of the front of the site.

 

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

 

59.       The applicant shall be required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

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 Plans

 

………………………………

………………………………

SIMA TRUUVERT

AOIFE WYNTER 

ACTING DIRECTOR OF PLANNING & ENVIRONMENT

DEVELOPMENT ASSESSMENT OFFICER

 

 

 







 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

26 September, 2002

FILE NO:

D/0156/2002

 

PROPOSAL:

 Construct and strata subdivide new three to four storey mixed use development and associated basement carparking

PROPERTY:

 155 - 161 AVOCA STREET, RANDWICK

WARD:

 North Ward

APPLICANT:

 AUSTRALIAN PROPERTY SYSTEMS LTD

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $5,500,000.

 

It is proposed to construct and strata subdivide a 3-4 storey mixed commercial/residential development comprising 5 commercial tenancies, 36 dwellings and parking for 56 vehicles between basement and ground level.

 

The ground floor of the building follows the street alignment along Avoca Street and wraps around the corner to Albert Street. Above ground levels are organised around a central atrium with development occurring along all four boundaries of the site.

 

Amendments to the scheme were pursued with the applicant in order to address issues raised in a preliminary assessment of the proposal including height, streetscape, vehicular access and loading. The application (as amended) is recommended for approval subject to conditions. Amended strata subdivision plans have not been received and as such the recommendation for approval does not extend to the strata subdivision of the development.

 

2.    THE PROPOSAL

 

The applicant is seeking approval to construct and then strata subdivide a three to four storey mixed commercial/residential development. The basement of the development contains parking for 46 vehicles. The ground floor is comprised of five (5) commercial tenancies, two (2) one bedroom residential units and car parking for 10 vehicles including a loading dock and two accessible spaces. The first floor is comprised of fourteen (14) one bedroom apartments. The second floor is comprised of twelve (12) one bedroom apartments, a studio apartment and a two bedroom apartment. The third floor level is comprised of four (4) two bedroom apartments, a one bedroom apartment and a three bedroom apartment.

 

In summary, the proposal provides twenty-nine (29) one bedroom, five (5) two bedroom apartments, one studio and one three bedroom apartment, a total of thirty-six (36) dwellings. Two lifts provide access to all floors.

 

As described above, the proposal is organised around an open courtyard at ground floor level which allows the units above to have access to light and ventilation from two sides. All dwellings are associated with a balcony area, which provides private usable open space. Units 31 and 33 to 36 also have a generous roof terrace  area attached to them.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the eastern side of Avoca Street, on the northern corner of its intersection with Albert Street. The site has a total area of 1,709m2 and a frontage of 39.44m to Avoca Street and 37.23m to Albert Street. It is burdened by a 3.05m wide right of carriageway at the rear and an easement for access to light and air at the northern side boundary. The site is currently vacant, following the demolition and decommissioning of the site from its previous use as a petrol station.

 

Directly adjacent to the site on the northern side is a two storey row of shops. To the east (rear) of the site, across the existing right-of-way are semi-detached dwellings which address Victoria Street and an electricity substation.  On the opposite side of Albert Street, to the south, are older style three storey walk-up flat buildings and on the opposite side of Avoca Street to the west are heritage terrace houses and commercial premises. The site is on the edge of the Randwick Junction Shopping Centre and forms part of the Randwick Junction Heritage Conservation Area that encompasses parts of Avoca Street, Alison Road and Belmore Road. Opposite, and nearby, are numerous heritage items, mostly of Victorian Italianate style.

 

4.    SITE HISTORY

 

a.    SITE HISTORY

 

The subject site was previously used as a petrol station. Development Application 00/00906/GY for the demolition and decommissioning of the service station was submitted to Council and approved on 5th January, 2001. Issues arising from this previous use, including contamination, are considered in this report. There is no further history relevant to the subject site for this application.

 

b.    APPLICATION HISTORY

 

Development application No 156/02 seeking approval to construct a part three (3), part four (4) storey mixed commercial/residential development comprising 5 commercial tenancies and 36 dwellings and associated carparking was lodged on 26 February 2002. This original application was substantially the same as the current application in terms of composition and the organisation of the building. However, during the preliminary assessment of the scheme concerns regarding the height and appearance of the development from the street, in particular the southern corner of the building and the relationship between the Avoca and Albert Street facades, became apparent. Several non-compliances with Council’s DCP, which resulted in impacts on the amenity of the residential apartments and streetscape of Avoca Street were also of concern. Issue was also raised with the use of the existing right-of-way to the east as access to the development and the provision of loading facilities. Inadequacies and inconsistencies were also found with the documentation accompanying the application.

 

These issues were raised with the applicant. As a result of this discussion, the applicant lodged amended plans on July 23. These plans were readvertised in accordance with Council’s LEP from July 30 to August 13, 2002.

 

The amended plans listed above reduced the height of the scheme, provided an additional 3.5m wide driveway for use by occupants of the development, improved compliance with DCP controls relating to amenity, reduced the height of the building and rationalised loading facilities and the roofscape of the building. These plans are the subject of this assessment.

 

 

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised and referred to the Health, Building and Planning Committee in accordance with the Local Environmental Plan 1998. The original application was notified on 12 March 2002. This notification yielded six (6) submissions. A petition with five signatures relating to privacy, traffic and parking issues was also received.

 

The amended plans received on 23 July 2002 were also advertised in accordance with the Randwick LEP on July 30, 2002. In response, six (6) submissions were received, including one petition with five signatures (two of the signatories had signed the previous petition).

 

5.1  Objections

 

In total twelve submissions were received from the following objecting to the proposal:

 

§ Ms T Markandu, 51 Lady Davidson Circuit, Forestville (owner 2/1A Albert Street)

§ Nevio & Jeanette Margon, 5/1 Albert Street, Randwick

§ H.G. Grunseit, 1/6 Victoria Street, Randwick

§ Dr John Delich, 2/12 Victoria Street, Randwick

§ Ms Maliola Flahive, 6/1A Albert Street, Randwick

§ Kylie Harrison, 1/1A Albert Street, Randwick

§ A & D McFadden, 10 Victoria Street, Randwick

§ Several submissions on behalf of Mrs Therese Coorey, 149-153 Avoca Street, Randwick were received from Pike Pike & Fenwick Solicitors, McLaren Traffic Engineering and ABC Planning

 

These submissions raised the following issues:

 

§ Increased traffic through Victoria Street as a result of the development and one-way traffic flow on Albert Street.

§ The development will exacerbate existing traffic congestion and safety issues such as illegal right hand turns from Albert to Avoca Street and into Albert Street from Avoca Street.

§ Suggest footpath widening to force traffic to make legal turns

§ Lack of parking

§ Height

§ Loss of Privacy

§ Overshadowing

§ Lack of information regarding impact of the development on the existing right-of-way, increased traffic conflicts on right-of -way

§ Concern regarding truck manoeuvres associated with the loading dock

§ Traffic generation levels including those associated with those properties served by the right-of-way

§ Impact upon easement for light and ventilation along northern boundary

§ Plan anomalies and inadequate information

§ Heritage impacts, particularly to wall on eastern boundary

§ Design and amenity

§ Inappropriate location of loading dock

§ Increased noise from traffic

§ Waste collection

§ Fencing of ROW

§ Inaccurate traffic generation rate used

 

These issues have been addressed under the appropriate headings in section 8 of this report. The greatest issue for surrounding residents was traffic and the use of the existing right-of-way. The applicant provided legal advice in response to these issues and Council’s Traffic Engineer has provided comments and proposed conditions of consent (see section 6.2 of this report). A condition of consent requiring line marking at the intersection of Albert Street and Avoca Street, at the applicant’s expense has also been included. The purpose of this condition is to highlight the one-way traffic flow in Albert Street and to relieve queuing caused by vehicles attempting to turn right from Albert Street into Avoca Street (see Conditions 21 - 23).

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1   Heritage

 

Council’s Heritage Officer made comment on the original proposal and in response amendments were made to the scheme. The following additional comments are provided in relation to the amended scheme:

 

The subject site, now vacant, has a western boundary to Avoca Street, a southern boundary to Albert Street and an eastern boundary to a right-of-way.  The site is located within the Randwick Junction Conservation Area and is in the vicinity of a number of heritage items, including a group of three fine Italianate houses on the opposite side of Avoca Street, nos.146-150 Avoca Street, and the Coach and Horses Hotel further to the north on the same side of Avoca Street.  Immediately to the north of the subject site is a two storey Interwar building comprising ground level retail.  Immediately to the south of the site on the opposite side of Albert Street is a group of post-war residential flat buildings comprising three levels over ground level carparking.

 

The proposal is for a mixed commercial/residential development which includes shops to the ground floor Avoca Street frontage.  The application proposes an O-shaped block with frontages to Avoca Street, Albert Street, the right-of-way and the northern boundary, enclosing a central void area.  The proposal will have a three and four storey scale to Avoca Street and the northern boundary and a four storey scale to Albert Street and the right-of-way.

 

The application has been accompanied by an Assessment of Heritage Impact prepared by Graham Brooks and Associates, which notes that the development has been designed to present as a collections of adjoining building, each with its own individual contribution to the street.

 

The Development Control Plan for Randwick Junction includes detailed requirements for Building Character.  The objectives are to ensure that the built form of new development responds appropriately to the existing character of Randwick Junction; and that new development is consistent with the distinctive character, aesthetic qualities and heritage significance of the precinct.  The DCP notes that the form of a new building contains a number of design elements that contribute to its appearance, function and impact on the surrounding area, including parapet/cornice, balconies, fenestration, materials/colours, awnings and facades/shopfronts.

 

In relation to height, it is noted that the current proposal indicates a four storey element towards the southern end of the site.  It is noted that the adjoining development to the north of the site has a height of two storeys, while the Coach and Horsed Hotel further to the north has a height of three storeys.  The residential flat building to the south, on the opposite side of Albert Street has a height of three storeys over ground level carparking.

 

Streetscape elevations do not include the Coach and Horses Hotel further to the north, however visual inspection and three dimensional images indicate that the parapet of the most northerly section of the building will be around 2m lower than the parapet of the Hotel.  The parapet of the section of the building on the Albert Street corner will be around 0.8m lower than the parapet of the hotel, in terms of height above ground level.  The parapet of the section of the building on the Albert Street corner will be around 2.5m higher than the wall height of the adjacent building to the south on the opposite side of Albert Street.  I am satisfied that the height of the proposal will not be overly dominant in the streetscape, nor challenge the landmark character of the Coach and Horses Hotel.

 

In relation to the Avoca Street frontage, the design proposes balconies, screened behind varying façade treatments which relate to traditional bay divisions and to provide a varied parapet line.  The drawings propose rendered and painted brickwork generally with the central pair of bays to the Avoca Street façade and several bays to the southern façade in face brickwork.  A sample board and coloured elevations indicating details of materials and finishes should be provided.  In relation to the Albert Street frontage, the design proposes a setback from the street frontage to provide ground level courtyards and upper level balconies between the property boundary and the building line.  Planting is proposed to the edge of courtyards which will assist in providing privacy to the ground level courtyards and a landscape interface to Albert Street.

 

6.2   Director of Asset & Infrastructure

 

Landscape Comments

 

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

 

Drainage Comments

 

Onsite detention of stormwater is required for this application.

 

Waste Management Comments

 

Council’s Waste Manager has considered the application and advises the following:

 

The bin rooms appear adequately sized for the required number of garbage and recycling bins for 36 units for domestic waste collection and foreseeable commercial waste generation, based on discussions with the architect over the projected commercial tenants.  

 

The bin rooms are suitably located close to the kerbside, with about a 10 metre walk-up distance to the kerb, where there are No Parking signs along this section of kerb.  The architect was considering bulk bins, but this design would suit the mobile garbage bins.

 

Council’s contractor has sighted the extract of the drawing and advises that the rear-loader truck can service this location, as Albert Street is a one-way street in this area.

 

The bin rooms will need to have floor drainage to sewer and a cold-water tap for bin washing.  This could be rationalised to one bin washing area, subject to projected building caretaker arrangements which would set responsibilities for bin washing.

 

The domestic waste bin rooms should have signage showing which items are recycling.  Council can provide flexible plastic sheet recycling signs.

 

Traffic Comments

 

Council’s Traffic Engineer considered the original application and he advised as follows:

 

The proposal involves the redevelopment of a Petrol station to provide a multi storey residential/commercial development comprising of 36 residential units and 5 small commercial premises at ground level. The petrol station had access points from Avoca Street and Albert Street whereas the new structure will access through a right of way onto Albert with no driveways on Avoca Street.   

 

Parking Requirement 

 

·    Residential Component

 

A total of 36 units are to be provided.

DCP requirement

1 space/2 studios

1 space/1 bedroom unit

1.2 spaces/2bedroom unit

1.5 spaces/3bedroom unit

1 visitor space/4 dwellings

1 x 0.5 = 1    1 studio

29 x 1 = 29   29 x 1 bedroom units

5 x 1.2 = 6    5 x 2 bedroom units

36/4 = 9        visitor parking

 

·    Commercial component

 

5 commercial premises are to be located on the ground floor with a total of 371m2 of  GFA

DCP requirement 1 space/40m2 GFA

 

371/40 = 9.3 spaces

 

A total of 55 spaces are required 

 

·    Bicycle Parking

 

DCP requirement 1 space/3 units plus 1 visitor space/10 units

 

Residential 36/3 + 36/10 = 15.6 spaces

Commercial 1/10 spaces = 9.3/10 =0.9

 

Total bicycle parking required: 26 spaces

 

Bicycle storage facilities have been provided on the ground floor and basement floor.

These facilities must provide sufficient capacity for 26 spaces in total.

 

Traffic Generation

 

·    Residential

High density residential flat building-metropolitan sub regional centre

0.29 trips/peak hour

 

36 x 0.29 = 10  trips/peak hour

 

·    Commercial

2/100m2 in pm peak

 

371 x 2/100 = 7 trips/hour

Peak hour traffic generation of 17 trips

Daily traffic generation of  (10 x 10)  + (7 x 10) = 170 trips/day

 

The existing development in its previous use as a petrol station would have generated the following traffic volume:

 

Evening peak = 0.04 A (S) + 0.3 A (F)

 

Where A(S) = area of site (m2)

          A(F) = gross floor area of convenience store (m2)

 

(1500 x 0.04) + (0.3 x 200) =

 

A total of 11 trips/peak hour = 120 trips/hr

 

The new development will result in a much lower traffic generation than its previous existence as a petrol station. 

 

Parking Areas

 

Aisle widths               Ground Floor                        6.6m

8                                      Basement Floor          6.2m

 

Aisle widths satisfactory.

               

Ground floor ramp to the basement is a 1:12 gradient for a transition length from the right of way, which is followed by a 1:8 ramp and then transitioned back to 1:12 at the basement level.

 

The ramp width of 5.8 metres constricts to 5.3 metres at the security grill.

 

Access

 

The on site parking is to be accessed from Albert Street via a 6 metre right of way on the eastern side of the site. Albert Street only permits one way traffic westbound between Victoria Street and Avoca Street. This will result in all vehicles leaving the site having to use the Avoca Street/Albert Street intersection. It is anticipated that vehicles making right turns will experience some delay. Albert Street has 5.5 metres wide carriageway with all parking banned between the right of way and Avoca Street. 

 

Vehicles wishing to enter the site will require to do so from Alison Road via Pitt Street, George Street and Victoria Street. It should also noted that a right turn ban exists for northbound vehicles in Avoca Street at Alison Road, further restricting access to the site.

 

In order to prevent motorists exiting the right of way from travelling illegally along Albert Street, a ‘Right Only’ sign and a ‘One Way’ (R) sign should be installed facing motorists exiting the right of way.         

 

Service Vehicles

 

The traffic report states, “a small designated loading dock will be provided on ground level just inside the access point for small vans etc which would be associated with the retail units.”

 

There is also provision for a new crossover west of the driveway into the basement car park. The applicant should provide further information to Council regarding the type of vehicle, which is expected to use the loading dock including manoeuvring diagrams showing movements into and out of the loading dock prior to development consent being issued.        

 

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

 

1.   Twenty five (25) bicycle parking spaces should be provided with the development in a secure location as shown on the basement floor. The locations indicated are acceptable. The location indicated on the ground floor for further bicycle storage is supported provided wheel stops are installed in car spaces No’s 55 & 56 to provide a clear zone for the bicycle storage area. 

 

2.   The ten  (10) commercial car spaces should be clearly marked and all located on the Ground Floor.

 

3.   A ‘Right Only’ sign (R2-14R) and One Way (R)  (R2-2AR) be installed facing motorists exiting the right of way at Albert Street.   

 

4.   Pavement arrows be marked on the road carriageway of Albert Street between Victoria Street and Avoca Street to reinforce the one-way traffic restriction. 

 

5.   A 10 metre length of ‘No Stopping’ be signposted on the eastern side of Avoca Street immediately south of Albert Street.

 

6.   The applicant should provide further information to Council regarding the type of vehicle, which is expected to use the loading dock including manoeuvring diagrams showing movements into and out of the loading dock prior to development consent being issued. 

 

The Traffic Engineer has considered the amended application and the following comments/recommendations are provided:

 

The amended Development Application proposes the use of a 3.5 metre wide driveway with access off Albert Street as opposed to the previously lodged DA, which used a 6.0 metre wide driveway, (that included an existing Right Of Way). The proposal is supported as an internal traffic signal system has been provided.

 

As a result of the new access arrangements, a total of 54 spaces are provided plus 2 spaces for service vehicles. This is considered acceptable. In order to separate the existing traffic using the Right of Way and the traffic accessing the proposed development a 450mm wide back-to-back concrete median island and single unbroken line, (or equivalent treatment), should be installed along the boundary of the site. It is not possible to construct a concrete island along the full length, as the service vehicles may need to use the right of way when manoeuvring into/out of the loading dock area.   

 

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

 

1.        A 15 metre length of single unbroken line followed by a 26 metre 450mm wide back to back concrete median island, (or other suitable form of barrier/fencing), be installed along the western boundary of the existing right of carriageway starting from the property boundary alignment in Albert Street to separate traffic using the right of way from the traffic accessing the off street car park.

 

2.     Pavement arrows and signposting indicating two way traffic flow along the 3.5 metre driveway be installed.     

 

        Council’s Development Engineer recommends that the proposed bin storage areas be reconfigured such that the car waiting area can be positioned further to the north, thereby minimising any potential for conflict between vehicles using the loading dock and vehicles waiting prior to travelling north along the driveway, (it should be noted that the potential for this conflict was relatively low even with the proposal as submitted).

 

General traffic Summary

 

Council’s preference for the development proposal with respect to vehicular movements within the development site would be for the right of carriageway to be incorporated into the development proposal and for the internal driveway to be capable of catering for 2 way traffic movements along the majority of its length. The development proposal as submitted clearly reflects the inability of the applicant and the owner/s of the land benefited by the right of carriageway to reach agreement as to vehicular movements within the right of carriageway, however the Traffic Section of the DAIS is of the opinion that, subject to strict compliance with all recommended traffic related conditions, the development proposal can function at a satisfactory level.

 

6.3   Manager, Environmental Health and Building

 

The Manager Environmental Health and Building Services has raised no objection to the proposal, and recommended a number of conditions be imposed in relation to the remediation of the site.

 

7.    MASTER PLANNING REQUIREMENTS

 

The site is less than 4,000m2 in area and as such is not subject to any master planning requirements under LEP 98. The site is not subject to the provisions of any current master plan in the assessment of this application.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 3A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the RLEP 1998 have been considered during the assessment of the proposal.

 

Clause No.

Requirement

Provided

Compliance

21 - Subdivision

Council consent required for subdivision

Strata subdivision included in application

Yes

 

32 – FSR

 

 

2:1

(3,418m2)

 

1.9:1

(3,312m2)

 

Yes

 

33 – Building Height

 

12m

 

14.09

 

No*

 

43 – Heritage Item or Conservation Area (HCA)

 

Take into account impact on HCA

 

Not a heritage item. Located in a HCA

 

Yes

46 – Development in the vicinity of heritage items

Take into account impact on heritage items

Heritage Items opposite site and to north of site on Avoca Street

Yes

* SEPP 1 objection lodged

 

This application seeks consent for strata subdivision of the building in accordance with clause 21 of the Randwick LEP98.

 

The proposal complies with the allowable FSR under clause 32 of the LEP. The building exceeds the allowable height under clause 33 by up to 2.09 metres. A SEPP 1 objection has been lodged to support this non-compliance and is discussed in section 8.2 of this report.

 

Council’s Heritage Officer has provided comments regarding the impact of the scheme on the heritage significance of nearby heritage items and the Randwick Heritage Conservation Area in general and is satisfied that the scheme will not have a negative impact. A heritage impact statement and assessment of heritage impact of the development have been provided and are satisfactory. The development meets the requirements of clauses 43 and 46 of the Randwick LEP98.

 

The development is satisfactory with regard to Randwick LEP 1998.

 

(b)   SEPP 1

 

The applicant’s SEPP 1 objection made in response to the non-compliance with the 12m height standard will be discussed under Section 8.2 of this report.

 

(c)   SEPP 55 - Remediation of Land

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated. The site was previously used as a petrol station. Application 00/00906/GY for demolition and decommissioning of the petrol station on the site was approved by Council on 5/01/01. With regard to this approval, the supplied Statement of Environmental Effects states that:

 

“The site remediation works presently being undertaken in accordance with Council’s approval will, upon completion, render the site suitable for residential occupation. Accordingly, the matter of site contamination is not a prohibiting factor for this proposal.”

 

Accordingly, it is considered reasonable to assume that the site is suitable to for the proposed development, subject to the completion of works in accordance with approval 00/00906/GY.

 

(d)   SEPP 65 – Design Quality of Residential Flat Buildings

 

The development is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. An assessment of the proposal in accordance with the ten design quality principles is included below.

 

Principle 1: General approach

 

The proposed development provides a suitable street edge to both Avoca and Albert Streets. It will result in a quality environment for the future residents and for passers-by. Building articulation increases aesthetic appeal and responds to the potential environmental impacts upon adjoining properties and the streetscape. The development has been professionally designed by Overman Zuideveld, Architecture, Planning and Interior Design and is consistent with SEPP 65 in terms of its general approach to the site and uses contained within the building.

 

Principle 2: Context

 

The building responds to the adjoining buildings along Avoca and Albert Streets and the change in scale between these two frontages. The building is built to the side boundaries for most of its height, which is consistent with existing development in the street and the Randwick Junction DCP. The building incorporates a high degree of articulation and architectural detailing which reinforces the existing architectural style in the area.

 

Principle 3: Scale

 

The bulk of the development is consistent with adjoining properties. The building has been modulated to ensure that important character elements and vistas (such as church spires) contributed by surrounding buildings are maintained. The fenestration and architectural composition of the development, particularly to Avoca Street is comparable to adjacent buildings and reduces the scale of the building.

 

Principle 4: Built Form

 

The building is suitably articulated to reduce bulk. The street elevations have been composed to suggest terrace style housing that is prevalent in the area. The use of vertical elements and recessed balconies further serve to modulate the building façade and create visual interest in the built form.

 

Principle 5: Density

 

The expected number of residents is appropriate for the site area and its location close to local amenities and public transport. The proposal offers additional housing choice and provides on-site parking to minimise its impact on the availability of on street parking. The proposal complies with the allowable floor space ratio under the Randwick LEP 98 and is consistent with the objectives of the density control.

 

Principle 6: Aesthetics

 

Three-dimensional illustrations of the proposal have indicated that the overall form and detailing of the building are appropriate. To ensure that the materials and colours to be used are appropriate to the location of the development in a heritage conservation area, a deferred commencement condition requiring the submission of a sample board indicating materials has been proposed (see condition 1).

 

Principle 7: Amenity

 

The development provides indoor and outdoor spaces will be comfortable to use. Amendments made to the plans have enlarged the balconies to each dwelling to meet Council’s minimum standards for amenity. Dimensions and layout will appropriately control sunlight to living areas, provide natural ventilation to residential areas and maximise outdoor spaces and surveillance while maintaining privacy.

 

Principle 8: Resources

 

The proposal provides an efficient use of resources through passive solar and natural ventilation design. A NatHERs certificate indicating an average rating of 3.9 stars for each dwelling has been provided with the proposal. The development is sustainable as discussed in detail under section 8.7 of this report.

 

Principle 9: Social dimensions

 

The apartments proposed will complement the existing housing stock in the area in a location that will not significantly affect existing amenity for surrounding residents.

The development has considered the social context of the site and provides a mix of units that meets the existing and future needs of the community. The development will support the existing businesses in the area by increasing the number of local residents. The type of dwellings proposed will support nearby uses such as the University by providing additional off campus accommodation for students. The development is consistent with principle 9.

 

Principle 10: Safety and security

 

The proposal provides excellent safety and security. Balconies and windows provide surveillance to the street, without compromising privacy. The development has minimised the length of internal corridor spaces and has minimised the number of units sharing circulation routes to encourage a sense of community. Pedestrian access points are provided directly from Avoca Street and are delineated from the shopfronts through the articulation of the awning structures and the slight recessing of the entry doors. The proposal is consistent with principle 10 of SEPP 65.

 

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

 

8.1  Policy Controls

 

a.    Development Control Plan Randwick Junction, 1999

b.    DCP – Parking, 1998

c.     Contaminated Lands Policy, 1999

d.    Randwick Section 94 Contributions Plan, 1999

 

Development Control Plan Randwick Junction, 1999

 

Control

Requirement

Provided

Compliance

3.1 Site Analysis

Site analysis plan to be lodged

Lodged

Yes

3.2 Density, Height

As per LEP for density and height (see above)

As Above

As Above

 

Nil setback to street and side boundaries or consistent with adjoining properties

Nil setback to Avoca St and nthn side boundary

2.5m to eastern (rear boundary)

1.0-1.9m to Albert St

Yes

3.3.1

Access

At grade access and continuous paths of travel to commercial premises

Provided

Yes

3.3.2 Vehicular Access

Access points and loading not to be located on Avoca St

Located from Albert Street

Yes

 

In accordance with Parking DCP

See Below

See Below

3.3.3 Carparking

At basement or ground level

All parking provided at basement or ground level

Yes

 

Not to be visible from main pedestrian thoroughfares

Behind front building line

Yes

 

In accordance with parking rates in Parking DCP

See Below

See Below

3.3.4 Solar Access

4 hours 9-3pm midwinter

4 hours (+)

Yes

 

Maximise northern orientation of living areas

Difficult due to site orientation

Yes

 

Minimise overshadowing impacts to surrounding residential buildings

No significant impact

Yes

3.3.5

Privacy & Views

<10m separation then screening to be incorporated

12-15m

Yes

 

Views and view corridors to be maintained

Vistas along Avoca/ Albert Street to be maintained

Yes

3.3.6 Sound Insulation

Provide adequate sound insulation

Not Indicated

Yes by condition to comply with BCA

3.3.7 Safety and Security

Distinction of public/private areas to be provided

Provided

Yes

 

Building to address street and provide articulation to the street

Building addresses street and provides articulation to the street

Yes

 

Corridor lengths to be minimised

Minimised

Yes

3.3.8 Recreation Areas

Each dwelling to be provided with a balcony. Min 10m2 and Min. Dimension of 2m

Balconies to each dwelling meet minimum dimension and area requirements

Yes

3.4 Building Character

Parapets to be consistent with existing details in the street

Consistent

Yes

 

Recessed balconies which modulate the façade to be incorporated

Recessed balconies provided

Yes

 

Materials and colours to reflect & enhance the locality

Materials in keeping with HCA

Yes*

 

Shopfronts to reinforce character of locality

Shopfronts to Avoca Street

Yes

* Deferred Commencement Condition 1 requires the submission of a sample board prior to operation of this 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.

 

8.1  Floor Space Ratio

 

The proposed development has a floor space ratio of 1.9:1 (3,312m2) which meets the standard under RLEP98 for a development on the site, being 2:1 (3,418m2).

 

8.2  Height

 

The proposed development has a predominant height of 10.8 metres to Avoca Street. This complies with the statutory standard of 12 metres. The maximum height of the development is 14.09m occurring at the top of the stair access to the rooftop of Unit 31 (RL 85.95). The height of the development exceeds that permissible for development on the site, being 12 metres by up to 2.09 metres.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 33 of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

“The building has been purposefully designed to reflect the height proportions of existing structures oriented to the Avoca Street frontage. The northern façade of the building continues the three storey height proportions of the adjoining building and increases to a four storey element at the southern end of the site. This four storey element will have a lower height than the existing residential buildings immediately south of the site fronting Albert Street. It is considered that this building form is consistent with the traditional Australian urban environment of presenting dominant structures at street corners and will provide a level of symmetry to the existing streetscape within Avoca Road (sic) relative to the “Coach and Horse (sic) Hotel” building to the north of the site.

 

The access structures associated with the roof terraces have been recessed from the building facades thereby minimising skyline intrusion within the locality, particularly when viewed from surrounding ground level locations.

 

Therefore, being mindful of the height of the existing structures nearby and the marginal visual exceedence of the 12 metre height limit in this instance, it is considered that this proposal does not contravene the objectives of both the LEP and DCP as identified above and can be appropriately considered by Council in accordance with the provisions of SEPP 1.”

 

The objectives of the 3A zone are to maintain the viability of existing business centres and to facilitate the development of land for commercial, retail, residential and community purposes. The zoning also seeks to minimise the impact of development on adjoining and nearby residential zones. The purpose of the height standard supports this objective aiming to establish reasonable upper limits for development in order to maintain the amenity of the surrounding area.

 

The proposed development exceeds the statutory height standard of 12 metres by up to 2.09 metres. This represents the maximum non-compliance. Areas above the 12 metre height limit include the parapet to the eastern elevation and the stair access and pergola structures to the roof terrace level. Part of the parapet to the western (Avoca Street) and the entire parapet to the southern (Albert Street) elevation also breach the height limit by approximately one metre. Potential impacts of this non-compliance have been offset by the provision of appropriate setbacks to the roof terrace elements to meet streetscape and urban design objectives. Part 3.4 of the Randwick Junction DCP stipulates that the use of parapet design features which breach the 12m height limit may be considered by Council where this is a significant character element on adjoining buildings. The parapet of this scheme relates to the nearby Coach and Horses Hotel heritage item and adjacent building which both have generous parapet treatments.

 

A measure as to the suitability of the development and the extent of impact to adjoining properties are the minimum amenity standards contained within Council’s DCP. The additional height of the proposal will not result in excessive overshadowing impacts to adjoining properties during the midwinter period. The north-south orientation of the site results in shadows being cast to the west in the morning (over Avoca Street), on the subject site, Albert Street and residential properties to the south at midday and to the east towards existing single dwellings and residential flat buildings during midwinter afternoons.

 

The proposal has balanced the impacts on solar access with streetscape concerns and the desired future character of the area. The shadow impacts are largely generated from the nil setback to Avoca Street and near nil setback to Albert Street (in accordance with the DCP) rather than additional height from the non-compliant areas.

 

In response to concerns over the extent of overshadowing, additional shadow diagrams were requested from the applicant. These diagrams indicate the impact on the elevation of properties immediately south of the proposal (across Albert Street). These diagrams show that despite the apparent shadow impacts in plan view, the elevation of the residential buildings at 1A Albert St and 163 Avoca Street above ground floor garages and the separation provided by Albert Street result in much lesser impacts than indicated on the plans. All dwellings in these buildings will maintain solar access for at least four (4) hours per day (as stipulated by the Randwick Junction DCP), with most dwellings being completely unaffected by the development.

 

The non-compliance of the development is not expected to result in significant impacts on visual and acoustic privacy for surrounding dwellings. The rooftop terraces do not exceed the height limit and include planter boxes to protect the visual privacy of surrounding residents. The separation distances between the subject site and surrounding residential properties range from twelve (12) metres to fifteen (15) and further reduce any opportunities for overlooking of adjoining properties. The area of non-compliance with the height standard is comprised of vertical circulation without windows and parapet details which will have no impact in terms of privacy on surrounding residents.

 

Avoca Street runs north-south along a prominent ridge line. The location of the site on the eastern side of this ridgeline will present opportunities for district views and distant ocean views from upper level roof terraces. Properties on the western side of Avoca Street are generally not tall enough (2 storeys) to take advantage of these views, across the flat ridge. The height of existing residential flat development to the east of the site (along Albert Street) further inhibits view opportunities from these buildings. The area of non-compliance with the height standard will therefore not result in significant view loss from surrounding properties.

 

The development is located in the Randwick Junction Heritage Conservation Area. In relation to the original scheme, Council’s Heritage Officer provided comment to the applicant regarding the height of the development, and in particular the height of the scheme in relation to the existing facades, on both sides of Avoca Street between Alison Road and Albert Street (the extent of the HCA). In response to the Heritage Officers concerns the applicant made changes to the treatment of the elevation and reduced the height of the proposal by approximately 900mm, to be closer to the statutory limit. These changes have resulted in a scheme which is more consistent with the surrounding area than was originally proposed. In relation to the height of the building Council’s Heritage Officer has provided the following comment:

 

“I am satisfied that the height of the proposal will not be overly dominant in the streetscape, nor challenge the landmark character of the Coach and Horses Hotel.”

 

The area of non-compliance with the height standard proposed by the development will not result in significant adverse impacts on the surrounding heritage conservation area and existing residential development. The development meets the FSR standard and generally complies with the Randwick Junction DCP. The development meets the objective of the height standard, being to set upper limits for the height of buildings which are consistent with other development controls such as FSR and landscaping and have regard to the amenity of surrounding properties. As such it is unnecessary and unreasonable to enforce the height standard in this case. It is considered that SEPP 1 objection is well founded and should be supported.

 

8.3  Visual Character, Urban and Building Form

 

The building presents a three (3) storey façade to Avoca Street along most of the western boundary of the site, terminating in a four (4) storey portion at the southwestern corner (Albert Street intersection). The incorporation of this corner element has been the subject of discussions with Council’s Heritage Officer and as a result, it has been reduced in height and scale to give moderate rather than high emphasis to the Albert Street corner. The reduction in emphasis to this corner is now considered appropriate and does not detract from the established street hierarchy, the importance of the intersection of Alison Road and Avoca Street, nor the prominence of nearby heritage items “Easts House” (former Randwick Post Office) and the Coach and Horses Hotel.

 

A nil setback is proposed to Avoca Street, which is consistent with the Randwick Junction DCP and the “strip” (linear) character of the existing commercial centre. The removal of the petrol station building and large forecourt area in favour of a building that maintains the established street alignment and extends opportunities for ground floor commercial uses will enhance the existing streetscape and contribute to the desired future character espoused in the DCP.

 

The building provides recessed balconies to the western (Avoca Street) façade which add depth and articulation to the façade. The use of a mix of colours, materials and textures such as rendered and face brickwork assists in articulating the façade, so that the building mass appears as several smaller buildings of a similar scale to adjoining structures. Contemporary construction and ceiling heights have resulted in a three storey building which approximates the height of adjoining older style two storey structures which have high ceilings and parapet details.

 

The western façade retains strong vertical elements to balance the horizontality of the façade. The vertical rhythm established with the ground floor entries and shopfront fenestration has been carried through to the top of the building to give unity to the façade. Portions of the Avoca Street façade have been recessed to provide visual relief and also to separate the three main building masses. These recesses correlate with changes in materials and allow for clear vertical delineation of the façade. The separation also allows each of the building elements to be separately articulated in terms of window dimensioning and window to wall area, adding further variety to the street presentation. Council’s heritage officer has made comment on the application, with particular reference to the Randwick Junction Heritage Conservation Area and is now satisfied that the proposal will make a positive contribution to the existing streetscape along Avoca Street.

 

The building continues the existing awning provision along this side of Avoca Street, albeit in a more contemporary style using glazing without a soffit, rather than a traditional metal awning. The awning and consistent building line to the street alignment help to integrate the development and continue the existing pedestrian experience in this part of Avoca Street. The building will not obscure existing important vistas as noted in the DCP, such as the Sacred Heart and St Jude’s church spires.

 

The scale of the development is generally reflective of the existing development on Avoca Street, especially of the existing commercial buildings to the north of the site. The relationship between the proposed development and that on Albert Street is assisted by the additional setback proposed to the southern boundary, (approximately 3.5m) and recessed balconies which break down the scale of the building. A mix of face and rendered brickwork also provide variety and increase the visual interest on this façade. The existing residential flat buildings in Albert Street are four storeys in height and the 3-4 storey presentation of the southern façade is appropriate to these existing buildings. Likewise, the rear (eastern) elevation of the proposal is four storeys and has been articulated with balconies and recesses to minimise the bulk of the proposal. The northern façade of the building abuts 153 Avoca Street and has been designed to match the height of this building. The scale of the proposed development is considered to be consistent with Avoca Street and Albert Street in accordance with the DCP.

 

The proposal provides all parking below or at ground level behind the front building alignment. The parking provision will not be visible from Avoca Street. Access to the loading and service areas of the building is also from Albert Street and ensures no adverse streetscape impact as a result of the provision of servicing to the building.

 

Private open space has been provided as balconies off the living areas or bedrooms of the dwellings. These generally have a minimum depth of 2m and are large enough to provide adequate open space areas for private recreation and cater for a range of uses and activities. Several of the upper floor units also have access to roof terraces which provide excellent amenity to residents in terms of privacy and solar access.

 

In accordance with the architectural character of Randwick Junction as described by the DCP, the scheme provides mixed commercial and residential usage within the same building, strongly contrasting materials, is built to the street alignment and incorporates a parapet feature which approximates the 9-12 metres of surrounding buildings. The development is considered to satisfy the DCP in terms of visual character urban and building form.

 

8.4  Traffic & Parking

 

In terms of traffic generation the proposed residential component is expected to generate less traffic than its previous use as a service station. The expected volume is approximately 24 trips/hr for both the retail/commercial and residential components. This will have a minimal impact on the surrounding road network.

 

Given the expected peak flow traffic volume per hour it is not considered that the proposal will significantly increase the potential for pedestrian conflict or overburden the traffic capacity of the locality.

 

Several of the submissions received in response to the notification process raised the issue of use of the right of way on the eastern boundary of the site. In particular, objections focussed on the removal of the fence which currently exists between the major part of the subject site and the right of way and that the use of the right of way by this development will create a conflict with the users of the right of way. The applicant has provided legal advice regarding right of carriageways.

 

This advice provides that the right of carriageway forms part of the subject site and is owned by Shell. Based on this advice, the applicant has agreed to provide a concrete barrier between the subject land and land affected by the right of carriageway (see Condition 23).

 

In addition to this advice, the amended plans received on 23/07/02 indicate an additional driveway 3.5 metres wide, clear of the right of way. The Director of Asset and Infrastructure Services has provided comment regarding the scheme and has requested that a condition requiring separation between the right of way and driveway be included in any consent. This separation will be provided via line marking for 15 metres from the Albert Street entry, then a physical barrier (concrete median) for the next 26 metres (see Condition 23). The amended plan and this condition are considered to satisfactorily resolve the issues surrounding the existing right of way.

 

The Randwick DCP – Parking provides the applicable parking rates and controls for the site. The Randwick Junction DCP provides that vehicular access points and loading facilities are not to be located on the Avoca Street frontage. The proposal complies with this requirement providing vehicular access from Albert Street.

 

The parking requirements for the proposed development under the DCP Parking are detailed in the table below-:

 

Development Control Plan Parking, 1998

 

Control

Requirement

Provided

Compliance

Commercial Parking

1 space per 40m2 GFA

(9.3spaces)

9 spaces (including 2 accessible)

Yes

Accessible Parking

1-2% of commercial requirement (1 space)

2 spaces

Yes

Loading

1 space per 400m2 commercial GFA (1 space)

1 space

Yes

Subtotal

10 spaces

10 spaces

Yes

Residential

 

 

 

Studios

1 space per 2 studios (0.5 spaces)

1 space

Yes

1 bed

1 space per unit

(29 spaces)

29 spaces

Yes

2 bed

1.2 spaces per unit

(6 spaces)

6 spaces

Yes

3+ bed

1.5 spaces per unit

(1.5 spaces)

1.0 space

No

Visitor Spaces

1 per 4 dwellings

(9 spaces)

9 spaces

Yes

Carwash Bay

1 per 12 dwellings (can be visitor spaces) (3 spaces)

1 space

No*

Subtotal

46

46 spaces

Yes

Total

56

56 spaces

Yes

Bicycle Parking Commercial

 

1 per 10 vehicle spaces (6)

 

5

 

No

Residential

1 per 3 dwellings (12)

15

Yes

Visitor

1 per 10 dwellings (4)

6

Yes

Total

22

21

No

* A condition of consent requiring modification of an additional two visitor spaces for carwashing facilities has been included in the Recommendation section of this report.

 

The proposal complies with the requirements of the Randwick DCP- Parking.The provision of adequate parking is in addition to the location of the site (less than ten (10) kilometres from the Sydney GPO) with access to major public transport routes (such as Belmore and Alison Roads) and transport nodes such as Bondi Junction Railway Station. The development is not considered to have an impact on existing parking in the area.

 

The proposed parking layout complies with the layout requirements of the DCP - Parking in terms of car space dimensions, aisle widths and the circulation radius of the ramp. Signage for visitor parking will need to be incorporated in Basement 1. Signage for the commercial parking will also need to be incorporated on the ground floor level. Conditions of consent have been proposed should consent be granted (see Condition 19).

 

Two disabled parking spaces, and a space for service vehicles have been provided in accordance with the DCP – Parking. The development does not comply with the required number of carwash bays for a development of this size and a condition of consent requiring an additional two proposed visitors spaces be constructed for the dual purpose of carwashing has been included in the Recommendation section of this report (see Condition 48). A bicycle storage area has been provided on basement level 1 and will accommodate 21 bicycles, this falls short of the required 22 spaces for a development of this size. Due to the perceived appeal of the one bedroom units proposed (to students) it is considered that the development should at least comply with Council’s requirement. An additional facility for bicycle parking should be provided. A condition of consent has been proposed to ensure this occurs (see Condition 18).

 

Vehicular access is provided from Albert Street via a separate driveway which adjoins the existing right-of-way on the eastern boundary of the site. The width of the driveway is 3.5m which complies with the 3-6m requirement in the DCP. The proposed transition grades of 1:12 and ramp grade of 1:8 comply with Council’s DCP –Parking. Amendments have been made to the parking to improve the accommodation of vehicles waiting to enter/ exit the basement. Council’s Traffic Engineer has reviewed the revised details and is satisfied that the development adequately caters to estimated traffic volumes and safety issues.

 

The proposal, subject to conditions of consent is considered to be satisfactory with regard to the provisions of Council’s DCP – Parking.

 

8.5  Privacy, Overshadowing, View Sharing

 

Where possible, living areas and balconies to the proposed building are generally oriented to the street rather than towards adjoining properties. Separation distances between the development and existing residential properties range from twelve (12) to fifteen (15) metres which exceeds the controls in the DCP (10 metres) and AMCORD (9 metres) for maintaining privacy between dwellings.

 

Roof terrace areas incorporate one metre wide planter boxes to the southern and eastern boundaries to ensure that residents of the development cannot stand at the edge of the terraces.  This ensures any visual privacy impacts resulting from the elevation of the terraces are minimised. No planting is provided to roof terrace 4 (Unit 33) which is on the southeastern corner of the site. It is considered that planting should also be provided to this terrace to provide privacy screening between roof terraces within the development as well as surrounding properties (see Condition 5). Privacy between dwellings in the development is maintained by the provision of solid walls between balconies of adjacent dwellings.

 

The shadow diagrams submitted by the applicant indicate that shadows to adjoining properties will not result in a reduction of solar access to less than four hours per day midwinter. The applicant has provided additional details, which indicate the height of shadows on the elevations of 163 Avoca Street and 1A Albert Street to the south of the subject site. These diagrams indicate that the windows to the northern elevations of these buildings will not be affected by the development due to their elevation above ground floor garages and the separation provided by Albert Street itself.

 

The building will not have a significant impact on the availability of views from surrounding properties. Despite the vacancy of the allotment at present, the construction of a three to four storey development on the subject site will not result in loss of easterly views from properties to the west of the development as the width of Avoca Street and existing four storey buildings to the east of the subject site currently obscure view opportunities. Apartments on the upper floors of buildings to the south of the development may lose some district aspect. Due to the lack of elevation of these buildings above the subject site, and the current vacancy of the site, any development in accordance with the statutory and policy controls will result in some loss of this outlook.

 

The scheme maintains public view opportunities, particularly to the St Judes and Sacred Heart church spires. The building is set back more than three metres from Albert Street to maintain public outlook and easterly view opportunities from the street.

 

The development will not result in significant impacts to surrounding properties due to the general compliance of the scheme with the building envelope stipulated in the DCP and Randwick LEP.

 

8.6  Social Impacts

 

It is considered that the proposal will increase the availability of housing and promote the objectives of the zone. The effect of the proposal would be to bring more people to the site and the demographic characteristics of this population are likely to include, single persons or share households; young couples such as first home buyers; “empty nester” households; and young families. These groups are likely to be attracted by existing local facilities such as the University, Hospital and retail uses in the area.

 

It is likely that there will be a mix of incomes amongst residents with some units being owner occupied and others being rented. The added population will generate additional needs for businesses, employees and patrons, which will in turn encourage the location of services and facilities into the area. The increase in density is not considered to generate an unreasonable demand on the availability of existing services.

 

The development is regarded as satisfactory with regard to its social impacts on the locality.

 

8.7  Ecologically Sustainable Development

 

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

 

The proposed development will be well served by public buses departing from Belmore and Alison Roads, linking the subject site to the CBD, Railway Square and Bondi Junction Interchange. The location of the proposal on Avoca Street, nearby to major east-west bus routes is likely to encourage the use of public transport in line with ESD principles.

 

With regard to solar access, the proposal meets the requirements of the DCP maintaining at least 4 hours of solar access to surrounding properties. The layout of the building on the site in a courtyard form promotes opportunities for cross ventilation of all units in accordance with ESD principles.

 

Council’s Manager, Environmental Health & Building has made comment on the proposal with regard to Council’s Contaminated Lands Policy 1999. The site is considered to have been adequately remediated in accordance with the previous consent issued by Council.

 

The applicant has submitted a NatHERS report of the dwellings in the proposed development, which shows a majority of dwellings having a rating of 3-5 stars. Two dwellings achieve a rating of 2-2.5 stars which is considered acceptable, given the average rating (3.9 stars) over all dwellings in the scheme.

 

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

 

8.8  Construction Damage

 

Excavation for the proposed basement levels will be carried out on the northern, western and southern boundaries of the site. A condition of consent requiring dilapidation reports to be carried out on the adjoining building to the north prior to and post construction has been proposed to ensure that the adjoining property is not damaged as a result of construction.

 

The applicant has lodged additional advice from Pyramid Consulting Engineers indicating that a piling and anchoring system will be required to ensure the ground stability. The advice also indicates that there will be no structural impact on the sandstone wall to the eastern boundary of the site as a result of excavation.

 

In relation to construction noise, Council’s standard conditions have been proposed in relation to work hours and acceptable noise levels, should the application be approved.

 

The development, subject to conditions of consent is considered to be satisfactory with regard to construction impacts on surrounding properties.

 

8.9  Contaminated Lands Policy

 

Council’s Manager, Environmental Health & Building has made comment on the proposal with regard to Council’s Contaminated Lands Policy 1999. The works carried out in accordance with the previous approval for decommissioning of the petrol station are considered to have resolved issues of contamination. A condition is included the recommendation requiring a statutory site audit statement to be submitted prior to issue of the construction certificate.

 

8.10 Randwick Section 94 Contributions Plan, 1999

 

The development has been assessed against Council’s Section 94 Contributions Plan for both commercial and residential components. As a result of this assessment a condition of consent has been proposed requiring the payment of monetary contributions relating to open space, community facilities and townscape totalling $87,380.00. This amount must be paid prior to the issuing of any Construction Certificate (see Condition 5).

 

9.    CONCLUSION

 

The SEPP 1 objection lodged with respect to the non compliance with the maximum height of the development is considered to be well founded in the circumstances.

 

It is considered that the proposed building is appropriate on the site given the desired future character of Randwick Junction and the objectives contained within the RLEP98 and the Randwick Junction DCP. The development proposes a building envelope, height and façade treatment that generally meet the criteria and fulfil these objectives.

 

The proposal will not have a significant impact on surrounding properties and the non-compliances with statutory and policy controls will not exacerbate impacts.

 

As such the application is recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

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

 

B.      THAT Council as the responsible authority grant its development consent under Section 80(3) (Deferred Commencement) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/156/02 for construction of a mixed commercial/residential development comprising 5 commercial suites, 36 dwellings and associated car parking at 155-161 Avoca 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 Director Planning and Community Development:

 

1.         The colours, materials and finishes of the external surfaces to the building are to be compatible with existing buildings in the heritage conservation area.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Community Development prior consent to being issued.

 

Development Consent Conditions

 

Subject to compliance with the deferred commencement condition, 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:

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans drawn by Overman Zuideveld and numbered A1-01, A1-02, A2-01, A2-02, A2-03, A2-04, A2-05, A2-06, A3-01, A3-02, A4-01 stamped received by Council on 23/07/02, and Revision E of the landscape plan by Taylor Brammer P/L numbered LA01 and stamped received by Council on 23/07/02, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.         This consent does not extend to the Draft Strata Plans and Strata Title Subdivision Details received by Council on 5 March, 2002 in relation to the application, and a development application must be submitted for strata subdivision of the proposed development.

 

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

 

4.         A 1.0 metre wide planter box capable of accommodating at a soil depth of at least 600mm is to be provided along the entire length of the southern and eastern edges of upper roof terrace 4 (to unit 33). This condition is imposed to ensure the privacy of surrounding properties. Details required by this condition are to be included in the Construction Certificate application.

 

The following group of conditions have been applied to ensure that adequate provisions are made for Section 94 Contributions:

 

5.         In accordance with Council’s Section 94 Contributions Plan adopted on September 1999 a monetary contribution is to be paid to Council for the provision or improvement of public open space in lieu of on site provision for an amount of $47,212.40. This amount shall be paid by cash or bank cheque prior to the to the issuing of the construction certificate.  Council’s Section 94 Contributions Plan may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

In accordance with Council’s Section 94 Contributions Plan adopted on September 1999 a monetary contribution is to be paid to Council for the provision of community facilities in lieu of on site provision for an amount of $20,875.60.  This amount shall be paid by cash or bank cheque prior to the to the issuing of the construction certificate. Council’s Section 94 Contributions Plan may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

In accordance with Council’s Section 94 Contributions Plan adopted on September 1999 a monetary contribution is to be paid to Council for the provision of townscape improvements in the Randwick town centre for an amount of $19,292.00. This amount shall be paid by cash or bank cheque prior to the to the issuing of the construction certificate.  Council’s Section 94 Contributions Plan may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

In accordance with Council's Section 94 Contributions  Plan adopted on September 1999 a monetary contribution is to be paid to Council for administration charges for an amount of $425.00.  This amount shall be paid by cash or bank cheque prior to the to the issuing of the construction certificate.  Council’s Section 94 Contributions Plan may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

12.       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

b)         $2000.00         -           Vehicular crossing deposit

 

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

 

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

 

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)         Construct a full width heavy duty vehicular crossing and layback at kerb in Albert Street opposite the vehicular entrance to the site.

 

b)         Carry out footpath construction works along the full street frontage on Avoca Street and Albert Street in accordance with Council’s Urban Design Guidelines for Randwick.

 

c)         Remove all redundant vehicular crossings and to reinstate the area to Council’s satisfaction.

 

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.       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.

 

16.       All walls adjacent to the vehicular exit should be splayed 1.5 metres by 1.5 metres, and/or lowered to a maximum height of 600mm above the internal driveway and/or suitably setback from the street alignment such that the driver of an exiting vehicle stopped two metres behind the boundary line could observe pedestrians up to two metres away from the exit crossing. Details are to be submitted to the Certifying Authority prior to release of the construction certificate showing compliance with this condition.

 

17.       A work zone is to be provided, (at full cost to the applicant), at a suitable location along the site frontage. The applicant shall contact Council’s Traffic Engineer to determine the preferred location for the work zone prior to lodgement of a construction certificate application. The work zone shall have a minimum length of 12 metres, and all fees must be paid to Council at least four (4) weeks prior to the commencement of building works.

 

18.       Twenty five (25) bicycle parking spaces should be provided with the development in a secure location on the basement floor.

 

19.       The ten  (10) commercial car spaces should be clearly marked and all located on the Ground Floor.

 

20.       A ‘Right Only’ sign (R2-14R) and One Way ( R)  (R2-2AR) shall be installed by the applicant facing motorists exiting the right of way at Albert Street.   

 

21.       The applicant shall meet the full cost for pavement arrows to be marked on the road carriageway of Albert Street between Victoria Street and Avoca Street to reinforce the one-way traffic restriction.

 

22.       The applicant shall meet the full cost for a 10 metre length of ‘No Stopping’ be signposted on the eastern side of Avoca Street immediately south of Albert Street.

 

23.       A 15 metre length of single unbroken line followed by a 26 metre 450mm wide back to back concrete median island, (or other equivalent form of barrier/fencing), be installed along the western boundary of the existing right of carriageway starting from the property boundary alignment in Albert Street. This condition is required to separate traffic using the existing right of way from the traffic accessing the off street car park. Works required by this condition are to be contained entirely within the boundary of the site at 155-161 Avoca Street, Randwick and are not to encroach on the existing right-of-way.

 

24.       Pavement arrows and signposting indicating two way traffic flow along the 3.5 metre internal driveway shall be installed by the applicant prior to the issuing of an occupation certificate.

 

25.       The proposed garbage bin storage areas shall be suitably redesigned such that the proposed car waiting area can be positioned to the north of any loading bay. The redesigned bin storage areas shall need to be sized such that the commercial bin area is capable of storing a minimum of 9 x 240 litre bins and the residential bin area is capable of storing 36 x 240 litre bins. The redesigned bin storage areas shall be submitted for approval, and approved by the Certifying Authority, prior to the issuing of a construction certificate. The applicant shall contact Council’s Development Engineer to discuss the redesign of the bin storage areas prior to lodgement of the construction certificate application.

 

26.       The applicant shall install a suitable traffic control system to be used by vehicles exiting the basement carpark and vehicles entering the development site from Alfred Street. The traffic control system shall be designed with the aim of minimising the potential for vehicle conflict along the 3.5 metre wide section of the driveway that is located immediately west of the existing right of carriageway. Prior to release of the construction certificate the applicant shall submit for approval, and have approved by the Certifying Authority, full design and location details for the traffic control system.

 

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

 

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

 

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

 

29.       The above alignment levels have been issued by the Council's Department of Asset & Infrastructure Services at a prescribed fee of $ 1340.00 calculated at $17.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

31.       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.

 

32.       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.

 

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

 

34.       Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Sydney Electricity prior to lodging the construction certificate whether or not an electricity substation is required for the development.

 

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

 

35.       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.

 

36.       Onsite stormwater 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.

 

37.       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.

 

38.       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.

 

39.       A “restriction as to user and positive covenant” must be placed on the title of the subject property in conjunction with the registration of the proposed plan of 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.

 

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

 

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

 

42.       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).

 

43.       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.

 

44.       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)

 

45.       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.

 

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

 

47.       The internal floor area of any garbage area must be graded and drained to the sewer to the approval and requirements of the Sydney Water Corporation and a copy of the consent must be forwarded to the certifying authority and the Council.

 

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

 

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

 

49.       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.

 

50.       As the above site may be present within a fluctuating water table and/or be impacted on by the flow of seepage water the basement carpark or similar structures are to be suitably tanked and waterproofed. A Structural Engineer/Geotechnical Engineer shall certify that the tanking & waterproofing 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 discharged to Council’s kerb & gutter and/or underground drainage system.

 

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

 

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

 

51.       Prior to the issuing of a construction certificate the applicant shall submit for approval, and have approved by the Certifying Authority, detailed landscape plans, drawings and specifications for the development. The landscape plans, 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 tree/s to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

52.       The applicant shall submit a landscape design for the footpaths in Avoca Street and Alfred Street fronting the development in accordance with Council’s Urban Design Guidelines for the Randwick Town Centre. The landscape design shall include pavements, seat installations, bins and tree grates as required by Council’s Landscape Architect – 9399 0786.

 

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

 

The applicant shall note that the approved landscape works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property. An application for the cost of the landscape works on Council property is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design checking and supervision fee based on the lowest quotation from Council’s nominated contractor will be required to be paid prior to the commencement of any works.

 

53.       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.

 

54.       A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $10,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

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

 

55.       The garbage room areas will have to be redesigned so as to be able to contain a total of 9 x 240 litre bins in the commercial bin room and 36 x 240 litre bins in the residential bin room whilst providing satisfactory access to these bins and making provision for the car waiting area to be relocated to the north of any loading bay. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

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

 

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:

 

57.       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:

 

58.       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:

 

59.       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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

61.       The applicant is to engage an EPA Accredited Site Auditor. The Site Auditor is to assess the suitability of the site for its intended development and use.  A Statutory Site Audit Statement and Summary Site Audit Report is to be submitted to and accepted by Council, prior to a construction certificate being issued, stating that the site is suitable for the intended development and use.

 

The owner of the site must comply with any additional conditions, which may be imposed or recommended by the EPA accredited site auditor as may be listed in the site audit statement. Written confirmation by the owner of the site is to be submitted to the Council stating all (if any) conditions will be adhered to.

 

62.       All works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW Environment Protection Authority and DUAP, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

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:

 

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

 

In this regard, 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.

 

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

 

65.       A report prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to and approved by Council prior to a construction certificate being issued for the development.  The report is to certify that noise and vibration emissions from the development (including any proposed air conditioning units, mechanical ventilation systems and alike) will comply with the provisions of the Protection of the Environment Operations Act 1997, the NSW EPA noise guidelines, (including the Industrial Noise Policy and the Environmental Noise Control Manual) are to be referenced.

 

66.       A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, certifying that noise and vibration emissions from the development comply with the provisions of the Protection of the Environment Operations Act 1997, NSW EPA noise guidelines, (including the Industrial Noise Policy and Environmental Noise Control Manual).

 

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

 

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

 

68.       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. Approval is to be obtained from Sydney Water.

 

69.       Washing of vehicles shall be conducted in an approved wash bay, which is covered and bunded to exclude rainwater. All wastewater from vehicle washing must be discharged to sewer under a Trade Waste Agreement from Sydney Water and details of compliance are to be submitted to the certifying authority prior to an occupation certificate being issued.

 

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:

 

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

 

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

 

72.       Mechanical ventilation systems must satisfy the requirements of the Building Code of  Australia and AS 1668. Details of any proposed Mechanical Ventilation Systems (including intake and discharge locations) are to be included with the construction certificate.

 

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

 

73.       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.

 

74.       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:

 

75.       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.

 

76.       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.

 

77.       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.

 

78.       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.

 

79.       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.

 

80.       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.

 

81.       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. 

 

82.       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.

 

83.       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.

 

84.       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

 

85.       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.

 

86.       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.

 

87.       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.

 

88.       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.

 

89.       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.

 

90.       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.

 

91.       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”.

 

92.       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.

 

93.       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.

 

94.       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.

 

95.       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.

 

96.       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.

 

97.       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.

 

98.       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:

 

99.       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 access and facilities for people with disabilities:

 

100.     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.

 

A         ADVISORY MATTERS:

 

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

 

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

 

            a)         Part B1                        -           Structural provisions

            b)         Part C1                        -           Fire resistance and stability

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

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

e)         Part E2                         -           Smoke Hazard Management

            f)          Part E3                         -           Lift Installations

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

            h)         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.

 

Advisory Conditions

 

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

 

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

 

ATTACHMENT/S:

 

A4 reduced plans under separate cover

 

 

 

 

 

 

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SIMA TRUUVERT

STUART HARDING  

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

WILLANA ASSOCIATES