Administrative Centre

30 Frances St

Randwick 2031

Tel: 02 9399 0999

Fax 02 9319 1510

DX 4121 Maroubra Junction

general.manager@randwick.nsw.gov.au

INCORPORATED

AS A MUNICIPALITY

22 FEBRUARY 1859

PROCLAIMED AS

A CITY JULY 1990

 

5th November, 2002

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

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

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 8TH OCTOBER, 2002.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                      

DEVELOPMENT APPLICATION REPORT - 145 BROOK STREET, COOGEE.

2

 


 

5.2                      

DEVELOPMENT APPLICATION REPORT - 15 CASTLE STREET, RANDWICK.

48

 

5.3                      

DEVELOPMENT APPLICATION REPORT - 15 LURLINE STREET, MAROUBRA  .

67

 

5.4                        

DEVELOPMENT APPLICATION REPORT - 403 CLOVELLY ROAD, CLOVELLY.

99

 

5.5                        

DEVELOPMENT APPLICATION REPORT - 298, 320 AND 346 AVOCA STREET, RANDWICK. (RANDWICK BOYS AND GIRLS HIGH SCHOOL.)

148

 

5.6                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 81/2002 - 707-745 ANZAC PARADE, MAROUBRA (MAROUBRA MALL.)

157

 

 

6           Miscellaneous

 

6.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 79/2002 - USE OF STATE ENVIRONMENTAL PLANNING POLICY (SEPP) NO. 1 IN DEVELOPMENT APPLICATIONS - UPDATE FOR FIRST QUARTER OF 2002/03 FINANCIAL YEAR.

158

 

6.2                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 80/2002 - DRAFT COMMUNITY PLAN OF MANAGEMENT FOR A PROPOSED NATIONAL PARK ON MALABAR HEADLAND.

161

 

6.3                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 82/2002 - DONCASTER VILLAGE MASTER PLAN - 240-268 ANZAC PARADE & 101-105 DONCASTER AVENUE, KENSINGTON.

168

 

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

 

 

 

………………………………..

GENERAL MANAGER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

14 October, 2002

FILE NO:

D/1187/2001

 

PROPOSAL:

 Demolish existing building and erect a new dwelling house

PROPERTY:

 145 Brook Street, Coogee

WARD:

 South Ward

APPLICANT:

 Ziade Investments P/L

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

1.       EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Freda Backes, Dominic Sullivan, Alan White and is valued at $500,000.

 

The proposal is for demolition of existing buildings on site and construction of a part three-part four-storey dwelling house with basement car parking. The original proposal was notified to adjoining property owners and thirteen (13) submissions were received.  The applicant submitted amended plans in order to address Council’s and the objectors concerns including deletion of the void area at Level 3, reconfiguration of the proposed dwelling and an additional new upper level 4. The proposed amendments have resulted in an increase in the height of the building due to the new upper level 4.

 

 The amended plans were renotified and nine (9) objections were received raising concerns about the setbacks, bulk & scale, privacy, position of carport/lift, extensive excavation, removal of trees, out of character, overshadowing, inaccurate plans, height, overshadowing and view loss. 

 

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

 

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

 

2.       THE PROPOSAL

 

The proposal is for demolition of existing buildings on site and construction of a part three-part four-storey dwelling house with basement car parking.

 

The basement level accommodates a car lift, internal staircase, vehicle turning table area, storage spaces, pedestrian lift and three (3) car parking spaces. At level 1, it is proposed to include a rumpus room, void areas, bathroom, pedestrian lift, terrace, plant room, stairs, car lift and swimming pool and lap pool at the rear yard. At level 2, it is proposed to include the main entry to the dwelling from Brook Street, kitchen, dining, formal and informal living areas, balcony, stair, pedestrian lift and laundry. At level 3, it is proposed to include stair, pedestrian lift, bathrooms, terrace and three (3) bedrooms. At level 4, it is proposed to include a gallery, terrace, stair and pedestrian lift.

 

The building design is contemporary with a strongly modulated design incorporating tiered stepping back of the upper levels from the rear boundary. Extensive terraces are proposed on level 2, 3 and 4 with concrete and glass balustrades. It incorporates both face brickwork and rendered masonry walls and zinc roofing. The front elevation of the proposed development is dominated by glazed white laminate and sandstone face wall, which is made up of horizontal and vertical elements.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

Currently existing on the subject site is a two storey rendered brick and weatherboard dwelling with tile roof. The dwelling house currently does not have any off street parking.  The site is located on the eastern side of Brook Street and is rectangular in shape with a frontage of 10.98m, depths of 52.52m and a site area of 576.29m2.  The site has fall of approximately 10m from the street to the rear boundary (from west to east). 

 

The area is characterised by detached and semi detached two and three storey dwelling houses and residential flat development of various architectural styles. The rear of the site has extensive ocean views, however is not located within the foreshore scenic protection area.

 

To the north of the subject site is a number of two storey dwelling houses, which has the appearance of single storey when viewed from the street due to the slope of the land. To the south the site is adjoined by number 147 Brook Street, again a two storey dwelling house with a single storey appearance from the street. Further to the south at no 149-151 Brook Street is a contemporary style residential flat building, which has recently been constructed. To the west of the site are a variety of dwelling houses and a three storey residential flat development at no 160 Brook Street. To the east are a number of residential flat developments with frontages to Dudley and Alexander Street.

 

4.    -SITE HISTORY

 

a.    APPLICATION HISTORY

 

A prelodgement meeting was conducted on 11 September 2001 between Council officers and representatives of the applicant. A formal letter dated 13 September 2001 was sent to the applicant raising the following concerns: -

 

a.         The definition of gross floor area is to be examined in relation to exemptions such as garages, voids and basements.

b.         The proposal exceeds the preferred solution maximum height of 7m, and if the proposed variation to height equates to any tangible loss of views, supporting such variation would be difficult.

c.         Brook Street exhibits a fairly consistent building line and that the proposed breach to the front setback may be difficult to substantiate against the relevant performance requirements.

d.         Care must be taken to ensure that no elevation exceeds 3 levels.

e.         Greater articulation to the front elevation is recommended in order to aid the mitigation of visual bulk.

f.          The impact on overshadowing to adjoining allotment may be compounded by proposed variations to preferred solutions such as FSR, height and setback.

g.         Elevated balconies, terraces and the like at the upper levels may result in loss of privacy and overlooking to neighbouring yards and are not favoured.

 

A similar application (DA 820/ 2001) for demolition of existing building and construction of dwelling was lodged on 05/09/2001 and withdrawn by the applicant.

 

Following a preliminary assessment of the current application (DA 1187/2001), concerns were raised in the meeting between Council officers and the applicant regarding bulk and scale, height, overshadowing, streetscape appearance, privacy, loss of views impacts as well as the issues raised by the objectors.

 

On 22 May, 2002 the applicant has submitted amended plans to address Council’s and the objectors concerns including a reduction in the rear building alignment, increase of the size of the basement areas, inclusion of pedestrian lift, relocation of dining area, deletion of void and reconfiguration of areas on level 3. The proposed amendments have also resulted in an increase in the height due to the new upper level 4, which is to accommodate a gallery, terrace, pedestrian lift and stair.  Subsequently, additional amended plans were lodged on 9 September 2002, which lowered the building by 800mm and amended the roof form.  These plans were not renotified given that they reduced the impact of the development.  The amended plans submitted to Council on 9 September 2002 are the subject of this report.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. On the first notification (original plans), thirteen (13) submissions were received from the following residents of adjoining properties: -

 

1. M. Keady                                147 Brook St, Coogee

2.  H. Evans                                  5/149-151 Brook St, Coogee

3. L. Keady                                  4/149-151 Brook St, Coogee

4. J. Underwood                          147 Brook St, Coogee

5.  Geanmoney Investments           On behalf of 147 Brook St, Coogee

6. J. Giltinam                                7/149-151 Brook St, Coogee

7. P. Dermatis                               8/ 149-151 Brook St, Coogee

8.  P. Cameron                              6/ 12-16 Alexander St, Coogee.

9. J. Rowse                                   18/10 Alexander St, Coogee

10. H. Scott                                  143 Brook St, Coogee

11. J & J Vonwiller                        8/ 135 A Brook St, Coogee

12. G & L Walker             168 Brook St, Coogee

13. M. Taylor                                On behalf of 143 Brook St, Coogee

 

The concerns raised are summarised below.

-     Overdevelopment

-     Overshadowing

-     Heritage

-     Loss of privacy

-     Out of character

-     Loss of light and air

-     Damage due to excavation

-     Height

-     FSR (bulk and scale)

-     No site analysis

-     Landscape plan

-     Setbacks

-     Protection of pine trees

-     Carlift establish an undesirable precedent

-     view impact

-     preservation of the Jacarander tree

-     Conversion to multi unit development

-     Incorrect shadow diagram.

 

On the second notification (amended plans), nine (9) submissions were received as follows:

 

K. Keady – 147 Brook Street, Coogee

 

·      No site analysis was available and is required. 

·      Survey by Beuthien de Nett Pty Ltd submitted with the amended plans does not show the existing building.

·    The proposal substantially reduces the energy efficiency of 147 Brook Street.

·    No statement of environmental effects was included with the amended plans.

·      The excavation required to build the pool would potentially damage the roots of the pine trees in the rear yard.

·    FSR 0.565:1 is an overdevelopment of the site. Excessive bulk and scale.

·      The building height on the northern and southern elevations with reference to ground line is incorrect. The ground line is approximately 1.25m lower.

·      The shadow shown on the eastern elevation is incorrect because it indicates the sun is high in the southern sky.

·      Side setback are less than 3.0m for any part of the building which is more than two levels at that point.

·      The external terraces allow view onto private open space of 143 & 147 Brook Street.

·      Windows look directly into bedroom and living areas of no 147 Brook Street without any screening.

·      The location of the car lift abutting the street boundary establishes an “ undesirable precedent”.

·      Substantial excavation would be required at close proximity to the boundary and neighbouring buildings. This will result in unnecessary risk to the stability of neighbouring buildings.

·      There are general discrepancies in the amended plans such as window not shown, incorrect dimension, incorrect roof design, centre column in the garage is not shown, plans does not relate to elevations, vertical blade not shown in plan, terrace on level 3 not shown in elevation, no roof lines or roof materials shown. 

 

M. Keady – 147 Brook Street, Coogee.

 

·      Loss of natural light.

·      Overdevelopment with complete lack of regard for heritage & aspect of the area.

·      1.5m side setbacks are too small for this huge development.

·      Loss of privacy from proposed rear balconies and patio.

·      No heritage information supplied by the applicant.

·      Excavation will damage the foundations of our dwelling.

·      Out of character.

 

L. Keady –147 Brook St, Coogee.

 

·    Height of south wall surrounding a void area.

·    Amenity of surrounding area will be impacted.

·    Site Analysis was not submitted.

·    FSR exceed allowable 0.516:1

·    Removal of 2 large pine trees.

·    Building could be converted to 3 separate units.

·    Loss of views

·    Garage abuts directly onto the street

·    Cost of construction of the car lift.

·    Council should not bend the rules on setbacks on Zone 2C.

 

J. Vonwiller –Flat 8 / 135 Brook St, Coogee.

 

·    Concern that the footing of the fence be impacted by the development.

·    The position of the carport and the noise created by the motor of the car lift.

·    Potential for 3 strata units.

·    Shadow diagram submitted is for Dudley Street.

·    Protection of the large tree as it is close to the pool.

·    Building is too large for the site and height does not reflect the true height at street level.

·    No heritage study prepared.

·    Loss of privacy.

 

H. Scott –143 Brook Street, Coogee.

 

·    The proposed development and excavation will result in substantial movement at the adjoining property No 143 Brook Street (evidence submitted by a letter from Alba Associates Consulting Engineers).

·    Overdevelopment due to the addition of a further storey.

·    The position of the garage on the side boundary & no street setback.

·    Noise impact due from lift mechanism.

·    Very large balconies would affect our privacy.

·    Permission has been refused by Council to even cut back the large trees on the property.

·    No heritage study prepared.

·    Incorrect shadow diagrams for Dudley Street.

 

M. Buscombe –8/ 10 Alexander St, Coogee

 

·    Loss of Privacy due to balconies at four levels.

·    Could Council ensure that the building is adequately sound proof against unacceptable noise pollution from the lift.

·    No Statement Environmental Effects available.

·    Increase height for a four-storey home plus basement parking.

·    Inconsistency proposed for the configuration and dimension of the pool between the architectural plans and landscape plans.

·    Exceed the allowable 0.52:1

·    Subsidence concerns (dilapidation report should be carried out at the developers expense.

 

A. Perry –12/10 Alexander St, Coogee

 

·    Loss of privacy from the three outdoor living areas.

·    Removal of trees that support a variety of bird life.

·    Excavation of large basement area given the sandy nature & instability of lands

 

J. Rowse –18/10 Alexander St, Coogee

 

·    No Statement of Environmental Effects

·    The amended plans will result in greater departure from the standard FSR.

·    Loss of privacy from rear balconies

·    Effective sound proofing of the car lift

·    Subsidence- (developer should be responsible for a dilapidation report prior to excavation).

·    The two pools are shown at different location in both architectural and landscape drawings.

 

Mr G & L Walker –168 Brook Street, Coogee

 

·    Addition of fourth level creates increase in bulk and height.

·    The pools location is inconsistent

·    Landscape area does not meet the 40% requirement

·    Position of the car lift will result in noise and inconvenience

·    The application is a step to further development.

 

5.2  Support

 

No letters of support were received during the notification process. 

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Engineering Issues

 

The Director of Asset and Infrastructure Services has raised the following concerns in relation to the proposed development: -

 

“1.       The EPCD Department should address the following matters in relation to the proposed car lift prior to issuing any form of development consent:

 

*          The proposed car lift depth of 5.20m, is this depth satisfactory for all makes of car?.

 

*          Is there a safety mechanism to ensure that the car lift cannot operate unless the roller door is shut so as to ensure the public are not endangered?.

 

*          How are the residents protected from the car lift on its southern side when it is in operation, is there a safety mechanism?.

 

*          The proposed car lift may have to be setback from the front property boundary so as to meet Councils issued levels for the driveway entrance at the property boundary.

 

*          The proposed northern opening, for the car lift, at the site frontage is to be located a minimum 900mm from the northern side boundary.”

 

On October 30, 2002 the following advice was submitted from the applicant addressing the  above  concerns raised by the Director: -

 

a.   The overall dimensions of the lift will be in accordance with the requirements of AS2890.1 – Parking facilities- Off street Parking. This states an overall length of 5.4m be used.

 

b.   There will be full safety interlocking of the lift to ensure operator and public safety. This will include interlocks that will only allow the main access doors to be opened when the hoist platform is at that level.

 

c.   Guarding shall be provided on any area, which may cause a hazard to the operator or public. The southern side in particular shall have balustrade to prevent access.

 

d.   Additional support structure shall be provided where necessary to meet council setback requirements.

 

e.   All relevant setback requirements will be adhered to. The height of the car lift platform shall be modified to suit the council’s requirement of 75mm  above the top of the kerb.

 

6.2  Landscape Issues

 

An Arborist Report has been received in regards to the two Stone Pine Trees (Pinus pinea) located within the development site. The following landscape comments and conditions have taken into account the findings of the Arborist Report.

 

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

 

1.         One specimen of Melaleuca sp. (Paperbark) located towards the front of the site along Council’s nature strip. This tree is in the order of approximately 3-4m in height appears to be in good condition and is not covered by Council’s Tree Preservation Order. The plans show the retention of this tree and as such should be retained as part of this application.

 

2.         One specimen of Persea Americana (Avacado Tree) located towards the western boundary of the front of the site. This tree is in the order of 5-6m in height appears to be in average condition and is covered by Council’s Tree Preservation Order. The plans show the retention of this tree and as such should be retained as part of this application.

 

3.         One specimen of Jacaranda mimosifolia (Jacaranda Tree) located on the adjoining property to the south along the boundary of the site. This tree is approximately 6m in height appears to be in good condition and is covered by Council’s Tree Preservation Order. This tree should be retained and tree protection measures will be required during construction.

 

4.         Two specimens of Pinus pinea (Stone Pine) located at the rear of the site. These trees are in the order of approximately 15m in height and are covered by Council’s Tree Preservation Order. These trees appear to be in average to poor condition, with moderate vigour and a notable amount of dieback existing in the mid to lower crown. These trees have been severely pruned leaving dead stubs throughout the crown. As such, permission is granted for the removal of these trees subject to two suitable replacement trees (not palms) planted within the site”.

           

Should the application be approved, Council’s Asset and Infrastructure Department have recommended twenty (20) conditions of consent. 

 

7.    MASTER PLANNING REQUIREMENTS

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

Local Environmental Plan 1998

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

8.1  Policy Controls

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

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements or preferred solution).

SOLAR ACCESS

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

 

·              Design minimise  energy  for heating, cooling.

·              High thermal mass materials.

·              Solar hot water systems.

·              Insulated hot water pipes.

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

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

·              Task lights.

·              Maximised natural lighting.

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

 

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

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

S2  Private open space

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

Complies (4.5 stars proposed)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

 

 

P3  Design minimises use of mechanical appliances..

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise  energy requirements.

 

P6  External clothes drying area available.

P7  Landscape design assists microclimate management.

 

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

 

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

 

 

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

 

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

 

P10  Construction materials are energy efficient and recyclable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

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

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

No – see section 9.1.6

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·              collect and drain to a suitable disposal system;

·     do not adversely affect existing downstream systems;

·     fit in with hydrology;

·     use on–site stormwater infiltration;

·     maximise opportunities for stormwater re-use stormwater;

·     retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

 

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

 

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

 

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

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

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

Complies

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

·       allows year-round use

·       minimises impact on neighbours

·       addresses privacy and sun access

·       addresses surveillance, privacy and security.

 

P3  Local indigenous plant species used.

 

P4  Existing trees and shrubs retained.

 

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

 

P6  Unpaved or unsealed landscaped areas are maximised.

S1  40% of the total site area is landscaped.

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

 

Complies

 

 

Complies

 

 

Complies

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

FLOOR AREA

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

FSR

<300m2            0.65:1

>300 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

Preferred solution = 0.52:1.

Proposed =0.80:1

(including basement area)

Proposed =0.62:1

(discounting basement area)

Does not comply with preferred solutions.

 

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

 

 

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

 

 

 

 

 

P6  Design allows view sharing.

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

 

 

 

 

 

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

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

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

 

 

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

 

Proposed – 10.00m

Does not comply with preferred solutions.

 

 

 

N/A

 

 

 

 

 

 

 

Complies

 

 

No

 

 

Complies

 

 

Complies

 

 

 

 

 

N/A – not a semi-detached dwelling

 

 

 

 

Complies

 

BUILDING SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

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

Front Setback

 

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

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

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

 

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

 

 

 

Complies ( Carlift structure encroaches front setback- see garage/ carports)

 

 

 

Complies

 

 

 

 

 

 

 

No (carlift at nil setback)

 

 

Complies

 

 

 

No ( level 4 does not comply)

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

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

 

 P1  Buildings provide comfortable living and sleeping environment.

 

 

 

P2  Entries are readily identifiable.

 

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

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

 

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

 

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

 

 

 

 

 

S3  Buildings comply with

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

 

 

S1,2,3  Front doors visible from street.

 

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

 

S2  Street number displayed.

 

 

 

S3  Fences comply with fencing requirements.

 

Complies

 

 

 

 

 

 

No.

Condition to be attached.

 

 

 

Complies

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

Complies

 

 

 

Complies

 

 

 

Complies

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

·     enable the efficient use of car spaces.

·     safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

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

 

 

P4  Car parking areas and access ways facilitate stormwater infiltration on site.

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

 

 

 

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

 

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

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

 

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

 

 

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

 

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

 

 

 

 

 

 

 

Complies

 

 

 

N/A (carlift proposed)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No (Carport structures encroaches building line)

 

 

No (39%)

 

 

 

 

 

 

 

 

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

 

9.1.1    Landscaping

 

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

 

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

 

The proposed landscaped area for the site is approximately 55% of the total site area. Permeable and recreation areas achieve the preferred solutions. A landscape plan has been submitted with the application. The proposal involves the retention of the existing Jacaranda tree located on the adjoining property and the retention of Melaleuca (paperbark) and Persea Americana (Avacado) trees located at the front of the site. No objection is raised by Council’s tree officer to remove the two pine trees at the rear of the site given to the existing severe damage throughout the crown. Screen planting is proposed at behind the northern rear boundary along with numerous shrubs, vegetation and ground covers at the eastern portion of the site. 

 

9.1.2    Floor Space Ratio

 

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

 

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.52:1 applies.  The proposed FSR of the development is 0.80:1 (including the basement area of the development with a credit of 40 square metres) and 0.62:1 (without including the area below natural ground level). The proposal would not comply with the preferred solutions of the DCP, as an extra 161 square metres of usable area is proposed over the maximum permitted

 

In order to address Council’s and objector’s concerns in relation to bulk, scale and loss of views of the development, the applicant has submitted amended plans to delete the void area of level 3 and replace it with a new gallery at level 4. Such modification to the design of the development is not considered a reasonable attempt to reduce the bulk and scale of the development. The breach in FSR has not been sufficiently / reasonably justified in the documents received so far, and it is recommended that the area proposed for the gallery at level 4 including terrace, stair and lift be deleted, in order to minimise the impact of bulk upon the adjoining premises and reduce the potential adverse amenity impact to adjoining or nearby properties in terms of overshadowing, height, loss of visual and acoustic privacy.

 

The deletion of level 4 will reduce the bulk and scale of the development and the proposal, be compatible with the existing character of the locality, and satisfies the objectives and performance requirements of the DCP for floor area. It should be noted that the basement store and vehicular under ground area does not contribute to the building bulk above the ground on the site. Without the inclusion of the basement areas & level4 of the building, the FSR calculation of the development would be 0.52:1 and comply with the preferred solutions requirement.

 

9.1.3    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 verandas, eaves and parapets.

 

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

 

The proposed external wall height is 10.00m, which does not satisfy the preferred solutions of the DCP.  The non-compliance of the wall height is due to the slope of the site and the proposed bulk of the building. In order to minimise impacts of the wall height, the applicant has provided a flat roof to the building and staggered building form at the rear. The four storey proposed development is considered excessive in height and in order to ensure that the wall height is minimised, the building is compatible with the existing character of the locality and the privacy and solar access of the neighbouring residents preserved, it is recommended that level 4 be deleted as discussed above. 

 

Should level 4 be deleted, the proposal will relate well to the topography and the adjoining dwelling houses, which are predominantly two storeys above ground floor. Limiting the height of the proposed building below the skyline to three floors instead of four storey above natural ground level, will reduce unreasonable impact upon the adjoining premises and satisfies the performance requirements and objectives of the DCP for height, form and materials.  A flat roof is considered appropriate in this case because it is consistent with the terraced contemporary design of the proposal.

 

9.1.4    Building Setbacks

 

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

 

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

 

The proposed ground additions are setback a minimum 900mm from the side boundaries and the upper floors are setback a minimum1.5m from the side boundaries, which comply with the preferred solutions of the DCP.  At the rear, no part of the building is closer than 4.5m from the rear boundary which satisfies the preferred solutions of the DCP. 

 

Except for the car lift and the basement floor level, the side setbacks are 1500mm for ground floor and 1500mm for first floor to the side north and south boundaries. The proposal does not achieve the setback preferred solution for level 3, which should be 3000mm, but given that there is a basement storey at below ground floor at the rear and the deep sloped nature of the site, the impact will be minimal and the proposed setbacks are considered to be acceptable. The proposed 1.5m setback for level 4 is considered unacceptable however, as discussed above in the report, this level is to be deleted by condition should consent be granted.

 

The proposed setback (with the deletion of level 4) is not incompatible with other existing buildings. There is adequate separation distance between the proposed and existing buildings and no significant overshadowing or loss of light will occur to the adjoining dwellings that would warrant refusal of the application. To ensure that the proposed development does not adversely impact upon No. 147 Brook Street, the applicant has staggered the rear portion of the building. 

 

The setback of the proposed development, subject to the deletion of the upper level, satisfies the performance requirements of the DCP for setbacks. 

 

9.1.5    Visual & Acoustic Privacy

 

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

 

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

 

Concerns are raised from the adjoining premises that the external terraces will allow overlooking onto their private open space. On the north elevation, the terrace at ground floor will not result in adverse overlooking impacts to adjoining premises.  The terrace will generally overlook the rear yard area of the subject site. In regard to the informal living room terrace at level 2, it is to be noted that the terrace is setback at a distance of 3.8m from the side boundary to ensure that overlooking and loss of privacy to adjoining properties is restricted to acceptable level. The rear terrace at level 3 is accessible from a master bedroom only and therefore would not have an unreasonable effect on neighbours’ privacy.

 

Some concerns are raised at direct view from the northern windows into the private open space of adjoining dwelling at no 143 Brook Street. Should the application be approved, a condition is to be imposed that the rumpus room at level 1, informal living room at level 2 and master bedroom window at level 3 be at either high level (at approximately 1.5m sill height above floor level) or opaque glass be installed.  

 

On the south elevation, the terrace at ground floor will not have any impact to adjoining premises. At level 2, a solid wall is to be extended further into the terrace in order to provide some screening and restrict overlooking. The same solid screening is to be provided from level 3 master bedroom terrace area. It is to be noted that the majority of the windows at the southern side elevation are restricted to highlight windows with a sill height of a minimum of 2m from the floor level.

 

Overall, it is considered that the proposed windows and terraces arrangement is acceptable and will not result in any greater overlooking impact to the adjoining premises above that currently exists. 

 

9.1.6    Solar Access and Energy Efficiency

 

 

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

 

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

 

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

 

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

 

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

 

The shadow diagrams submitted by the applicant indicate that the proposed development will permit 3 hours of sunlight over the private open space of the adjoining premises between 9.00am and 3.00pm on June 21.  In regard to the north facing habitable room windows of the adjoining southern premises (particularly at no 147 Brook street), three hours of sunlight over part of the surfaces between 9.00 am and 3.00 pm on 21 June will not be achieved. The proposed building will result in an increase in overshadowing of adjoining buildings, however, considering the orientation of the site and that additional windows are available at the eastern elevation of the building to habitable rooms, the proposed development will not result in significant overshadowing. It is to be noted that the extent of overshadowing to the adjoining property south of the site would be improved should level 4 (by the reduction effective height of the building) be deleted. The development is considered satisfactory in relation to the DCP solar access requirements.  

 

9.1.7    Garages & Driveways

 

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

 

Preferred solutions include that car parking spaces have a minimum dimension of 5.5m x 2.5m, driveways have minimum width of 3m and are set back at least 1m from the side boundary, parking is located behind the building line and driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment. Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 there after.  It should be noted that Council has passed an amendment to the DCP, which deleted performance requirement P2, which reads;

 

“ P2    -Not breach the predominant building alignment

-Not become an undesirable precedent”.

 

Also the following note it to be included in the DCP:

 

“Hardstand parking areas before the building line may be permitted and considered preferable to a garage or carport where it may demonstrate that it does not dominate or detract from the appearance of the existing development and the local streetscape”.

 

The absence of the prescriptive Performance Requirement places more reliance on merit assessment of streetscape impact, and generally allows for hardstand areas in front of the building line.

 

Currently there is no car parking available on the subject site. It is proposed to erect a car lift forward of the building line sited on the front and side boundary with nil (0) setback. In this regard, the proposal does not satisfy the preferred solution requirement that at least 1.0m setback is to be provided from the side boundary, car parking space have a minimum length dimensions of 5.5m and car parking areas / garages be located behind the building line. It is also noted that the subject site has a width of around 10.97 m, and the proposed driveway has a width of 4.3m, occupying around 39% of the width of the site. The DCP for Dwellings and Attached Dual Occupancies includes a preferred solution that driveways, car parking spaces and car parking structures do not occupy more that 35% of the width of the site. 

 

The DCP provides options in order of preference for accommodating the car, the preferred option being to locate parking at the rear with access from the rear lane. No access is available from the rear of the subject site for parking.

 

The applicant has submitted the following additional information in support of the proposal for the car lift: -

 

A car lift structure is proposed for the front elevation. The lift will appear similar to a carport in terms of its design and scale. The proposed lift is located on the front of the front boundary and is consistent in relation to its design, scale and setbacks when compared to properties within the streetscape of Brook Street, between Dudley and Oberon Streets. …. Of the 18 properties in Brook Street (not including the subject property), bounded by Dudley and Oberon Streets, 8 properties display a total of 14 garages on their front boundaries….”

 

Consideration has been made to incorporate the car lift into the building. However, due to the drop in level and inappropriate grading of the entry ramp, it is not possible to further setback the proposed lift. Given the fact that rear access to the property is unavailable and there are a number of examples of variety of other car parking structures (garages and carports) in Brook Street, it is considered that the proposal is an adequate response to the constraints posed by the site and will not set a precedent for further inappropriate on-site car parking. The car lift will not significantly detract from the appearance of the dwelling or streetscape and is acceptable in relation to the DCP requirements.

 

It is to be noted that Council’s Asset and Infrastructure Services has recommended that the proposed northern opening for the car lift, at the site frontage is to be provided with a minimum of 900mm from the northern boundary. Should the application be approved, it is recommended that the whole length/depth of the car lift be setback at a minimum of 900mm from the northern boundary by a reduction in the car lift width dimension from or / and reduction in the width of the entry hall of the building.

 

Concerns are raised by adjoining owners in that excavation will result in unnecessary risk to the stability of the neighbouring fence, land and building. A report prepared by a structural engineer was submitted by the adjoining neighbour at no 143 Brook Street with the viewpoint that permanent ground anchors appears to be the only solution to ensure no ground movement and settlement resulting from excavation. Ground anchors is not the recommended procedure for the excavation as it would reduce the adjoining property value. Subsequent to this, the applicant has submitted to Council an additional engineering report, which recommended alternative solution / procedure for excavation by way of the incorporation of a whaling beam and permanent braces to the proposed development to ensure preservation and protection of the neighbouring properties and building.

 

Should the application be approved, a number of conditions are to be imposed (as recommended by Council’s Senior Building Officer) to ensure that all excavation and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards. A dilapidation report prepared by a professional engineer along with a geotechnical prepared by geotechnical engineer are to be submitted to the certifying authority prior to the commencement of demolition, excavation or building works. Such conditions will ensure that excavations are to be properly guarded and protected to prevent them from being dangerous to life or property. 

 

In relation to concerns raised to the noise impact from the lift mechanism, the application was referred to Council’s Environmental Health Department. Three (3) conditions have been recommended to be imposed by the Department to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area, should the application be approved.

 

9.1.8  Views 

 

Concerns are raised in that the proposal would result in view loss.  A site inspection from the adjoining property and the subject site was undertaken to ascertain the extent of the view loss from the proposed development. The site inspection revealed that the adjoining southern property have extensive views of the ocean and headland to the north-east.  The proposed development will permit the retention of a significant portion of the primary existing views of the ocean and headland from the adjoining property. 

 

In considering the potential view loss, the applicant has amended the design to reduce the bulk and scale of the development at level 2 and 3 and on balance the proposal satisfies the relevant assessment criteria and it is considered that the proposed development is consistent with the principle of view sharing.  It is considered that the proposed development does not represent a significant increase in the rear building line of buildings in the area. 

 

9.2       Additional issues raised in the submissions

 

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

 

9.2.1    Inadequate information submitted with the application and general discrepancies in the amended plans.

 

Adequate information has been received in order to allow for proper consideration of the proposal. A Statement of Environmental Effects and additional details regarding the changes made in the amended plans have been submitted to Council.

 

It is acknowledged that there are some minor discrepancies in the amended plans such as terrace window not shown and inconsistency proposed between the swimming pool on the architectural plan and landscape plan however, it is considered the plans are adequate to allow a proper assessment of the application. Should the application be approved, a condition is to be attached that a landscape plan shall be submitted to and approved by the Director of Planning and Community Development prior to the issuing of a construction certificate indicating the location of the swimming pool consistent with the amended architectural plans.

 

9.2.2  Conversion to 3 separate units

 

Concern has been raised by objectors regarding the possibility that the proposed building may be converted to 3 separate units. Such concerns are speculative only and the applicant is currently applying for the demolition of the existing dwelling and the erection of a new dwelling house. In any case, a new separate development application is to be submitted to Council and will be assessed based on Council’s guidelines, should the applicant proposed to change of use of the building into multi unit housing.

 

9.2.3    Heritage

 

The subject property is not a heritage item or within a heritage conservation area. The proposal is also not adjoining a heritage item or conservation area.

 

9.2.4    Out of character

 

The proposal is for a modern contemporary building, which will be compatible with the infill development approved recently in the close proximity of the area. Sufficient articulation and visual interest is achieved to the building facades of the proposed building by the combination of finishes and materials to the wall surfaces, windows and recessed terraces. Subject to deletion of level 4, the visual bulk and scale of the building will be compatible and will not be excessive in comparison to the adjoining surrounding built form.

 

10.  CONCLUSION

 

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

 

The deletion of level 4 will reduce the height, bulk and scale of the development and minimise impact upon the adjoining premises. The proposed amended design has regard to preservation of existing views and maintenance of the solar access to the adjoining rear yards. The privacy for adjoining properties and for future residents on the site will be maintained by the provision of high level windows.

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

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under the provisions of Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), “Deferred Commencement” to Development Application No.  D/1187/2001 to demolish existing building and erect a new dwelling house at 145 Brook Street, Coogee subject to the following conditions:-

 

Deferred Commencement Conditions

 

The consent shall not operate until the following material has been submitted to and approved by the Director of Planning and Community Development:-

 

1.         The area proposed for the gallery, terrace, stair and lift at level 4 be deleted and replaced with flat roof, in order to minimise the impact of height, bulk and scale of the development upon the adjoining premises and reduce the potential adverse amenity impact in term of overshadowing, height and loss of privacy to adjoining or nearby properties. Amended plans are to be submitted to and approved by the Director of Planning and Community Development.

 

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 & Community Development.

 

B.         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:

 

1.         The development must be implemented substantially in accordance with the amended plans numbered 1/8 to 8/8 issue D, dated 31/07/2002 and received by Council on 09/09/2002, as amended by the plans approved pursuant to the deferred commencement conditions, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3.         The finished ground levels external to the building shall not be raised by more than 300mm to accommodate the erection of the building and paving works or the like, without written consent of council.

 

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

 

5.         The proposed car lift shall be setback a minimum of 900mm from the northern boundary by either or the combination of: -

 

a.  reduction in the width dimension of the car lift;

b. reduction in the width of the entry hall of the building;

 

Details required by this condition are to be included in the Construction Certificate plans. 

 

6.         Details of safety mechanism and effective sound proofing in regard to the operation of the car lift shall be shown on plan/s prior to issuing Construction Certificate consent, so as to ensure that the public and the future residents of the building are not endangered.

 

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

 

8.         The sill height of the rumpus window at level 1, informal living window at level 2 and master bedroom window at level 3 at the northern elevation, are to be increased to be a minimum height of 1.5m above floor level, or alternatively, the window/s are to be provided with translucent, obscured, frosted or sandblasted glazing.

 

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

 

10.       Landscaping shall be provided to the site to reduce the impact of the development upon the amenity of the environment and a landscape plan shall be submitted to and approved by the Director of Planning & Community Development, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to issuing of a construction certificate. Details and location of the proposed swimming pools are to be consistent with the approved amended architectural plans numbered 1/8 to 8/8 issue D, dated 31/07/2002 and received by Council on 09/09/2002.

 

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

 

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

 

12.       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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

14.       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.

 

15.       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.

 

16.       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.

 

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

 

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

 

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

 

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

 

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

(b)        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.

 

20.       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.

 

21.       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

 

22.       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.

 

23.       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.

 

24.       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:

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to ensure 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:

 

26.       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. 

 

27.       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.

 

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

 

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

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

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

 

29.       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.

 

30.       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.

 

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. 

 

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

 

32.       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.

 

33.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

39.       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.

 

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.

 

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

 

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

 

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

 

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

 

a)         $1000.00         -           Vehicular crossing deposit

 

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

 

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

 

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

 

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

 

b)     Construct a suitable safety rail along the northern edge of the Council driveway, if required.

 

44.       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.

 

45.       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.

 

46.       The proposed northern opening, for the car lift, at the site frontage is to be located a minimum 900mm from the northern side boundary.

 

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

 

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

 

75mm above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

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

 

48.       The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the kerb must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

49.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $181.00 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.

 

50.       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. 

 

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

 

51.       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.

 

52.       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:

 

53.       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 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.

 

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

 

54.       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.

 

55.       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.

 

56.       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.

 

57.       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

 

58.       Approval is granted for the removal of the following trees subject to the planting of 2 x 100 litre broad canopied replacement trees (not palms) within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a) Two specimens of Pinus pinea (Stone Pine) located at the rear of the site.

 

59.       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.

 

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

 

Tree Protection Measures

 

61.       In order to ensure the retention of the Jacaranda mimosifolia (Jacaranda Tree) located on the adjoining property to the south along the boundary of the site in good health, the following measures are to be undertaken:

 

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

 

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

 

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

 

d.         A refundable deposit in the form of cash or cheque of $1600.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

            1

 

Jacaranda mimosifolia (Jacaranda Tree)

 

   $1600.00

 

 

 

TOTAL

 

   $1600.00

 

The refundable deposit is placed to ensure that the tree protection measures as described in this condition are undertaken throughout the demolition and construction period. The refundable deposit will be released twelve (12) months from the time of issue of a final occupation certificate by the certifying authority providing the tree protection measures (including amendments to the plans) have been undertaken throughout the demolition and construction period and the tree/s have been retained in good health.

 

Any contravention of Council's conditions relating to the tree at any time during the demolition and construction period or prior to the issue of a final occupation certificate will result in the Council claiming all of the lodged security.

 

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

 

62.       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.

 

63.       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.

 

64.       Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which states that damage should not occur to any adjoining premises and public place as a result of the works.

 

65.       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:

 

a)         all of the premises adjoining the subject site

 

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

 

66.       The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises and (where applicable) details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

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 Configurations

 

………………………………

………………………………

SIMA TRUUVERT

IDALY YAP

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ENVIRONMENTAL PLANNING OFFICER

 











 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

28 October, 2002

FILE NO:

DA/594/02

 

PROPOSAL:

 Addition to first floor of existing dwelling house.

PROPERTY:

 15 Castle Street, RANDWICK

WARD:

 North Ward

APPLICANT:

 Thomas Isaksson

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council at the request of Councillor’s Tracey, Backes and Sullivan

 

The application details an addition to the first floor portion of the existing dwelling house.

 

The estimated cost of the development is $ 45,000.

 

The main issue is the siting of the addition upon the southern boundary, in line with the existing dwelling, and the potential impact on the amenity of the adjoining premises at 17 Castle Street. 

 

The application is recommended for approval subject to conditions.

 

 

2.    THE PROPOSAL

 

The application details alterations and additions to the dwelling house including a brick, metal roof addition to the front of the existing upper level to provide for an additional bedroom and bathroom. The proposed addition will provide for 32m2 of additional floor space at first floor level.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located within the North Randwick Conservation Area and is occupied by a dwelling, originally in the Federation style, but which has been substantially altered, including painting of face brickwork and replacement of original roofing and front windows. An upper level addition set towards the rear of the dwelling was erected in 1988, under Building Application 892/88.

 

The site is part of a group of dwellings, some of which have been modified, which includes a two storey dwelling at No.11 Castle Street on the corner of Carter Street, a two storey dwelling at No.13 Castle Street, a two storey multi unit housing development containing 4 dwellings at 17 Castle Street, single and part two storey dwellings at 19 & 21 Castle Street and a group of single storey, relatively intact modest cottages at 23 to 29 Castle Street.

 

The subdivision pattern in this street is unusual in that most of the premises on the eastern side of the street are sited either up to, or very close to the southern boundary, rather than being the standard distance of at least 900mm. The western side of Castle Street forms the rear yard of dwellings fronting Earl Street and this streetscape consists predominantly of garages and carports.

 

The subject site has overall dimensions of 6.095m x 31.345m with an area of 191m2 and is relatively level with a slight fall towards the Castle Street frontage, rear lane access is available from Castle Lane.

 

4.    SITE HISTORY

 

The premises have been the subject of a previous Development Application 954/01 seeking consent to erect a brick, metal roof addition to the upper level containing two bedrooms and a bathroom with a floor area of 50m2. That application was refused on the grounds that it did not comply with the objectives, performance requirements and preferred solutions of the DCP for Dwellings and Attached Dual Occupancies with respect to floor area, side boundary setback and impact upon light and ventilation to the adjoining premises.

 

The application was also refused because it was considered that the proposal did not comply with the Draft DCP for North Randwick Heritage Conservation Area in that the bulk and scale of the development and roof form would detract from the heritage significance of the conservation area and set an undesirable precedent for future inappropriate upper level additions within the Conservation Area.

 

The owner has had subsequent meetings with Council Officers, including the Heritage Planner, to discuss a suitable redesign of the proposal and as a result, this application has been prepared and lodged for consideration.

 

5.    COMMUNITY CONSULTATION:

 

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

 

A James of 17 Castle Street Randwick

 

-     the proposal does not comply with the DCP for Dwellings and Attached Dual Occupancies with respect to solar access and will result in an adverse impact upon their premises

 

Comment:

 

The applicant has provided elevational shadow diagrams, which indicate the degree of additional overshadowing to the northern wall and windows of the adjoining premises at 17 Castle Street, and the majority of the windows within this elevation remain unaffected.

 

It is acknowledged that given the east west orientation of the site that any development of a two storey nature to the north of an adjoining premises will have an impact upon solar access and overshadowing to the adjoining premises to the south.

 

However, it is considered on balance, that the application satisfies the performance requirements in relation to solar access in that the proposal has been designed to minimise the loss of solar access to No. 17 Castle Street.

 

Also, as a comparison shadow diagrams have also been prepared detailing overshadowing if the wall of the addition was sited 900mm from the boundary, the difference is negligible.       

 

-           the proposal exceeds the floor space ratio of both the DCP for Dwellings and the DCP for the North Randwick Heritage Conservation area and the bulk and scale of the building will be incompatible with the surrounding development.

 

Comment:

 

It is noted that the proposed addition will result in the dwelling exceeding the floor space ratio preferred solution of the Development Control Plan for Dwellings and Attached Dual Occupancies and the Draft Development Control for the North Randwick Heritage Conservation Area. However, the floor area complies with the objectives and performance requirements of both DCP’s in that the floor space ratio and bulk and scale of the proposal is similar to that of adjoining buildings.

 

-           the proposal does not comply with the DCP with respect to the length of the second storey in relation to the side boundary setback..

 

Comment:

 

The wall of the addition up to the southern boundary will have an impact upon the adjoining premises, in relation to the outlook from the windows within the building at No.17 Castle Street and this impact is acknowledged, however on balance it is not considered that the refusal of the application on this basis alone is warranted given that the scale and length of the addition has been kept to a minimum.

 

-     the building setback, being up to the southern boundary does not comply with the preferred solutions of the DCP.

 

Comment:

 

The proposed addition does not comply with the preferred solution of the DCP with regards to the setbacks from the side boundary, (see Section 7.1 of this report) however it is considered that compliance with the preferred solution would be unreasonable given the width of the allotment, and that the dwellings within this section of Castle Street have an unusual subdivision pattern with the southern wall of the dwelling sited up to or very close to the southern boundary.

 

-           the carparking to the premises is insufficient for a dwelling with three or more bedrooms.

 

Comment:

 

Given there is no change in the category of the dwelling (the existing dwelling already has three bedrooms), Councils Parking DCP does not require any additional carparking for this proposal.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the Councils Heritage Planner for comment and the following advice has been received:

 

“The subject site is located within the North Randwick Conservation Area and is occupied by a dwelling, originally in the Federation style, but which has been substantially altered, including painting of face brickwork and replacement of original roofing and front windows.  The dwelling has been the subject of an upper level addition set well to the rear of the dwelling.  The subject site is part of a group of two storey dwellings towards the centre of Castle Street, with predominantly single storey dwellings towards either end.

 

The original application proposed to extend the existing upper level to the front wall of the ground level, to provide two additional bedrooms, a bathroom and a walk-in robe.  It was considered that the transformation of the dwelling from a single storey addition with a modest upper level addition into a largely two storey dwelling would detract from the heritage value of the Conservation Area and may set a precedent for further developments having excessive bulk in relation to site area.  An amendment to this original application proposed an upper level addition of reduced extent comprising one additional bedroom, a bathroom and walk-in robe.  The amended proposal provided a steeply pitched roof over the new rooms to match the steeply pitched roof at ground level, while the existing upper level addition has a low pitched roof.  Concerns remained that approval of the proposal may set a precedent for further developments having excessive bulk in relation to site area, and for upper level additions which are excessively prominent in the streetscape.

 

In relation to upper level additions the Development Control Plan for the North Randwick Conservation Area advises that second level additions will be permitted only in very limited circumstances, including where the existing building on the land has no particular significance and the proposal is compatible with the height and scale of neighbouring single level development; where roof space is converted to provide accommodation without intruding on the streetscape presentation of an otherwise reasonably intact building; or where the second level is confined to the rear, either out of sight or set back far enough to appear as a separate structure.

 

The applicant has sought the advice of a heritage/conservation architect and a meeting has been held to discuss concerns.  It was suggested that the scale and bulk of the addition be minimised by the use of raked ceilings and by providing a hipped roof to the front elevation. It was also suggested that the apparent height of the front elevation be minimised by lowering the eaves over the edge of rooms at the front of the upper level.  This change has not been carried out.  The current application proposes a similar amount of floor space as the previous amended proposal, but adopts in part the design suggestions put forward.  It is considered that the latest proposal will be compatible with the height of neighbouring development and will not be overly prominent in the streetscape.

 

The following conditions should be included in any consent:

 

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

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the premises is within the North Randwick Heritage Conservation area. The proposal is permissible with Council's consent.

 

7.1  Policy Controls

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

 

Floor Area

 

The objective and performance requirements of the DCP are that developments are not excessive in bulk or scale, compatible with the existing character of the locality and also minimise adverse effects of bulk on neighbours and the street. The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.65:1 applies. 

 

The proposed alterations and additions to the dwelling will result in the dwelling having a floor space ratio of 0.93:1, which clearly exceeds the preferred solution. However it should be noted that the existing building already has a floor space ratio of 0.76:1 and the adjoining premises, including the two storey residential flat building at No.17 Castle Street, are of larger bulk and scale in comparison to the subject dwelling. The dwelling at 11 Castle Street has a floor space ratio of 0.94:1, the two storey dwelling at 13 Castle Street has a floor space ratio of 0.75:1 and the multi unit housing development at 17 Castle Street has a floor space ratio of 0.97:1.

 

It is therefore considered in this regard that the proposed development will satisfy the objectives and performance requirements of the DCP, in that the proposal will be compatible with the scale of surrounding development.

 

Height, Form & Materials

 

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

 

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

 

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

 

The proposed external wall height of the dwelling will be between 5.7m and 6.2m, which complies with the preferred solution maximum and is therefore satisfactory. With respect to the length of wall and side boundary setback, this is not complied with in that the length of wall exceeds 12m (15.76m) and is closer than 1.5m to the side boundary, being 900mm to the northern and nil to the southern boundaries.

 

With respect to compliance with the performance requirements of the DCP, the overall height, mass and proportion of the dwelling is consistent with and relates to other dwellings within this street.

 

Further, the additional wall height to the dwelling will be only 2.1m, with the roofspace of the proposed addition being utilised to improve the amenity of the additional space.

 

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.  With respect to front boundary setbacks that the proposal generally conform with the adjoining or dominant streetscape and buildings may only be sited closer than the preferred solution standard were the performance requirements with respect to privacy and access to light and ventilation are met.

 

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 setback of the dwelling in relation to the side boundary is considered to be the salient point of the application. As has been stated, the subdivision pattern of this section of Castle Street is unusual, in that the majority of dwellings are either sited upon or very close to the southern boundary of the allotment. The southern wall of the subject dwelling is sited up to the southern boundary and it is proposed to extend the existing building at first floor level on the same alignment.

 

It is noted that the dwelling at 13 Castle Street is sited 900mm from both side boundaries, however this building was erected in 1992 upon a vacant allotment and compliance with the minimum setback of 900mm setback, then applying, was considered reasonable for a new dwelling.

 

The existing first floor addition towards the rear of the subject dwelling was approved by Council under delegated authority, in 1988, under Building Application 892/88, and permission was granted to maintain the side boundary setback of the ground floor level, as described in the report prepared at the time “due to the width of the allotment and the exceptional conditions of the site as this wall is an extension of an existing wall”.

 

The proposed addition to the front of the dwelling maintains the existing side boundary setbacks, of up to the southern boundary and 900mm from the northern side boundary. The proposed addition to the dwelling does not comply with the preferred solution minimum setback to either boundary, however the siting of the addition upon the existing walls assists in maintaining the symmetry of the front façade of the dwelling. Also, as previously noted, the unusual subdivision pattern of the street, with most dwellings sited up to or very close to the southern boundaries justifies a relaxation of the controls, in that if the preferred solutions were complied with, the usable floor area of the dwelling would be very much reduced due to the minimal width of the allotment.

 

It is considered that in this instance there will not be a significant adverse impact upon the amenity of the adjoining premises in that the setback to the northern boundary is consistent with the adjoining development and the southern boundary setback maintains the existing setback to this elevation of the remainder of the dwelling and the degree of additional non compliance is acceptable.

 

As has been discussed, the performance requirements of the DCP include that buildings may be sited closer than the preferred solution standard, were the performance requirements relating to privacy and adequate access to light and air are met. It is considered that in this instance the siting of the southern wall up to the boundary satisfies these performance requirements and therefore is reasonable.

 

Solar Access and Energy Efficiency

 

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

 

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

 

It should be noted that the Draft Amendment to the DCP which is on exhibition from the 2nd May to the 31st May 2002, seeks to delete, amongst other items, the performance requirement that 3 hours of sunlight be available over at least part of the surface of the adjoining premises between 9.00am to 3.00pm and replace it with as follows;

 

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

 

The applicant has provided shadow diagrams in elevation, which indicate the degree of additional overshadowing which will result from the addition to the front of the dwelling. There will be additional overshadowing to the adjoining residential flat building to the south, No.17 Castle Street, however no significant additional shadowing will be cast upon the windows, most will be upon the northern wall of the building.

 

The applicant has also provided comparative shadow diagrams indicating the degree of overshadowing which would result if the addition was setback 900mm from the boundary. These diagrams indicate that there will be negligible difference to the additional shadow cast upon the wall and part of four windows.

 

7.2   Development Control Plan – North Randwick Heritage Conservation Area- Draft

 

The overall objective of the DCP is to ensure that new building work is compatible in scale, siting and proportion in relation to the existing and adjoining buildings. With particular respect to additions to existing buildings, an addition should not dominate or be out of character with the original building, and it is important that there be a distinction between the new and old building work.

 

The application has been considered by Council’s Heritage Planner, who has advised that the proposed development will be compatible with the height of the neighbouring building, and not be overly prominent in the streetscape, and therefore there are no major objections in relation to compliance with the Heritage Conservation DCP.

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

The proposed alterations and additions to the dwelling complies with the relevant assessment criteria, the objectives, performance requirements of the DCP for Dwellings and Attached Dual Occupancies and the Draft North Randwick Heritage Conservation area and will not result in any adverse impact upon either the amenity of the adjoining premises or the character of the locality.

 

As has been discussed, the proposed addition will have an impact upon the adjoining premises with respect to reduction in natural light to the windows at ground floor level and the intrusive nature of the appearance of the wall as viewed from the within the building.  However, on balance the proposal is acceptable in terms of its amenity impacts and is compatible with the character of existing development.

 

 

 

 

9.    CONCLUSION

 

The proposed addition to the upper floor of the dwelling at 15 Castle Street Randwick will not have a significant adverse impact upon the amenity of the adjoining premises or the significance of the heritage conservation area and consent should be granted subject to appropriate conditions.

 

RECOMMENDATION:

 

A.        THAT Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.594/02 for permission to carryout alterations and additions to the dwelling at 15 Castle Street Randwick subject to the following conditions: -                                                                                                                       

1.         The development must be implemented substantially in accordance with the plans numbered A02 & A03, dated June 2002 and received by Council on the 24th June 2002, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

4.         There is to be no encroachment of the building upon the adjoining premises, and a survey shall be undertaken to accurately establish the boundaries of the site prior to any building works being undertaken.

 

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

 

5.         Stormwater must be drained and discharged to the street gutter or a suitable absorption pit and details are to be included in the construction certificate details for the development.

 

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

 

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

 

6.         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.

 

7.         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:

 

8.         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 upper level addition.

 

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:

 

9.         Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

16.       Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions at all times.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

A4 Configuration Plans

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT OFFICER

 

 








 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

30 October, 2002

FILE NO:

D/569/2002

 

PROPOSAL:

 Demolition of the existing dwelling on the site and construction of a new two storey dwelling house and basement garage

PROPERTY:

 15 LURLINE STREET, MAROUBRA 

WARD:

 Central Ward

APPLICANT:

 MR. R. GUSMENINI

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to Committee for consideration by Councillors Bastic, Andrews and Mayor Sullivan.

 

The applicant is seeking approval to demolish the existing dwelling and excavate and construct a basement garage and a new two (2) storey dwelling at 15 Lurline Street, Maroubra.  The estimated cost of the development is $400,000.

 

In order to ensure that the development is consistent with the DCP-Dwelling Houses and Attached Dual Occupancies and established building forms in the area, changes were made to the scheme. The proposal now generally complies with the building envelope stipulated for the subject site in the DCP-Dwelling Houses and Attached Dual Occupancies and respects the established rear setback line to preserve view access from surrounding properties.

 

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

 

2.         THE PROPOSAL

 

It is proposed to demolish the existing building on the site, excavate approximately 2.5 metres and construct a garage with parking for 2 vehicles and a two (2) storey dwelling comprised of four (4) bedrooms. An existing swimming pool is to be retained by the development. A terrace is proposed to the rear of the ground floor level.

 

A first floor balcony was originally proposed which projected beyond the established rear building line. This balcony has been deleted in favour of a recessed balcony area to ensure that views and the existing rear building line established by previous consents and existing dwellings in Lurline Street are maintained.

 

The design of the proposed dwelling is contemporary in style, with the external finish being a mixture of rendered and painted brickwork, with metal balustrading. A tiled roof of moderate pitch is also proposed.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

Development in the locality is characterised by dwelling houses constructed in a variety of architectural styles. To the south of the site is a single storey, freestanding brick dwelling house. To the north of the site is a recently constructed two storey rendered dwelling.

 

The subject property is located on the eastern side of Lurline Street, north of Torrington Road, Maroubra. The rectangular shaped site has a frontage of 12.19m to Lurline Street and has a site area of 427.26m².

 

Currently existing on the site is a single storey freestanding dwelling with pitched roof. An in ground swimming pool exists on the rear boundary of the site, the result of recent improvements to the property. The pool will remain, with no alterations proposed in this area of the site.

 

4.         SITE HISTORY

 

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

 

00/00131/PA - Pool Application approved 15/11/2000.

 

5.           COMMUNITY CONSULTATION:

 

The proposal has been notified by letter to surrounding properties, advertised in the Courier and referred to the Health, Building and Planning Committee, in accordance with the Local Environmental Plan 1998. The amended plans received on 9 October, 2002 were also advertised in accordance with Council’s Notification Policy.

 

5.1       Objections

 

The following submissions were received with respect to the original application:

 

1.   Ms Pamela Noble, 30 Torrington Road Maroubra

 

·    Appears to be an overdevelopment with insufficient permeable area.

·    Overshadowing – roof changes may ameliorate.

·    Ocean view loss – roof changes may ameliorate.

 

The ocean view loss in this objection referred to the loss of a portion of northerly outlook (ocean and horizon line) currently available from the rear of the dwelling at 30 Torrington Road. At present, a strip of Lurline Bay is visible above the roofs of dwellings fronting Lurline Street due to the elevation and orientation of 30 Torrington Road. As a result of the increased ridge height of the dwelling this specific outlook will be lost from the ground floor of this dwelling, however the major ocean view to the northeast and glimpses to the northwest will be maintained. Amendments to retain the secondary northern outlook were discussed with the applicant, however these were not achievable due to the already reduced ceiling heights.

 

The development meets the height controls and is consistent with two storey buildings in the street in terms of topography and staggered roof ridges. If the adjoining building to the south of 15 Lurline Street (17 Lurline Street) were to be redeveloped to a compliant building envelope, it would result in greater loss of northerly outlook to 30 Torrington Road due to the topography. The dwelling at 30 Torrington Road may achieve greater view aspect to the northwest as a result of the removal of trees from the western boundary of the subject site.

 

2.   Rod and Dawn Cartlidge, 17 Lurline Street, Maroubra

 

·    Loss of views due to rear building alignment.

·    Balconies should be reduced to ensure views are maintained to this property.

·    Council previously refused an application to extend rear of house to ensure view maintenance.

 

3.   Mr Walter Petroni, 11a Lurline Street, Maroubra

 

·    Loss of privacy due to raised ground and pool level adjacent to NE boundary fence. 1.8m fence should continue along this boundary to protect privacy rather than being broken as shown on current plans.

·    Lack of detail in application eg: no levels shown for height of house or existing ground levels between two properties.

·    Removal of mature native trees from front of property.

 

Further letter dated 07/07/02:

 

·    FSR non-compliance and scale and bulk is inconsistent with surrounding area.

·    Rear setback is not consistent with other dwellings and impacts on amenity of adjoining properties.

·    The rear terraces protruding into rear setback will impact on privacy to living room and rear yard.

·    A 1.5 metre side setback is required.

 

In response to a preliminary assessment of the application and to address the concerns of objectors, several site inspections of 11a and 17 Lurline Street were undertaken and the plans and amendments were discussed with the owners on site. Finalised amendments were renotified to adjoining residents and resulted in the following submissions:

 

1.   Mr Walter Petroni, 11a Lurline Street, Maroubra

 

·    Visual privacy will be lost from living areas as well as rear yard and pool area due to the height of the proposed ground floor terrace, request a reduction in the size of the balcony and a continuation of the 1.8m privacy fence along the northern boundary.

·    Concern raised regarding the continued health of the lemon tree.

 

The ground floor balcony of the development has been elevated above existing ground level to achieve laundry facilities on the level below and to afford greater ocean view opportunities. The dwelling at 11a Lurline Street also has an elevated “ground floor” terrace that allows for garaging below and provides greater ocean view opportunities. The elevation of the terrace at 11a Lurline results in it having a finished floor level of RL37.015. This is almost two (2) metres above the ground level at the subject site. The terrace at 11a Lurline Street is 900mm from the boundary and therefore provides very little separation to the subject property at 15 Lurline Street.

 

 

 

The proposed terrace is setback from the northern boundary a minimum of 1.5 metres, increasing to 3.3 metres where the width and length of the terrace become useable (the terrace is only two metres wide for most of its length). A reduction in the area of the proposed terrace or further setback is considered unreasonable given the existing balcony area to 11a Lurline, which is closer to the boundary and takes advantage of the ocean view opportunities. Changes have already been made to the terrace to ensure any impacts are mitigated and these are considered adequate. Significant impacts on the visual privacy of the rear yard and pool will not occur as a result of the new terrace.

 

Any extension to the northern boundary wall and increase in height may jeopardise the view opportunities to the subject site. For this reason and those outlined above and throughout this report the construction of such a wall is considered unnecessary as the outlook from 15 Lurline is above and across 11a Lurline Street.

 

The terrace has been substantially redesigned to preserve the existing lemon tree in the rear yard. The applicant wishes to keep the tree in order to maintain privacy between the subject site and the terrace at 11a Lurline Street which is only 900mm from the boundary. Due to the existing situation, it is considered very unlikely that this tree will be damaged or removed without another tree of similar spread replacing it.

 

Additional discussion of privacy issues is provided in section 9.8 of this report.

 

2.   Rod and Dawn Cartlidge, 17 Lurline Street, Maroubra

 

Concern raised regarding the southern boundary wall, that it may encroach on their property. A condition of consent ensuring all works are within the site has been proposed (see condition 2).

 

6.         TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Director Asset and Infrastructure Services

 

Landscape Comments

 

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

 

1.         One specimen of Eucalyptus species (Gum Tree) located along the northern part of the front of the site. This tree is in the order of approximately 6-8m in height appears to be in good condition and is covered by Council’s Tree Preservation Order. Permission is granted for removal of this tree.

 

 

2.         One specimen of Melaleuca quinquenervia (Paper bark) located along the front of the site. This tree is in the order of approximately 6-8m in height appears to be in good condition and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree.

 

3.         One specimen of Banksia species (Basnksia) located along the front of the site. This tree is in the order of approximately 8-10m in height appears to be in good condition and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree subject to one replacement (not palm) within the site.

 

Drainage Comments

 

Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to a minimum 3 metre square base infiltration area. An overflow pipe shall be provided from the silt arrestor pit that drains to Council's kerb and gutter

 

Note: Should a pump out system be adopted for the overflow pipe then all pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

 

7.         MASTER PLANNING REQUIREMENTS

 

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

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)  Randwick Local Environmental Plan 1998

 

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

 

cl.29 - Foreshore Scenic Protection

 

The site is located in a Foreshore Scenic Protection Area (FSPA). The development is located a considerable distance from the foreshore and will largely be obscured from the foreshore by existing topography, vegetation and development. The development may be visible from the foreshore on the northern side of Lurline Bay as part of the existing development. The proposal is of a height and scale which is consistent with the existing buildings on the elevated southern side of Lurline Bay and the sloping topography. Council’s Landscape Officer has approved the removal of the mature trees at the front of the site. The removal of these trees will not have a significant impact on the appearance of the district from the foreshore.

 

The proposal is considered satisfactory with regard to foreshore scenic protection.

 

(b)        SEPP 55

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated when determining development applications. Notwithstanding that site investigations have not been carried out, the current and previous longstanding use of the site for residential purposes would substantially reduce the possibility of contamination.

 

It is considered reasonable to assume that the site would not be contaminated, or in need of remediation pursuant to SEPP 55 and that the site is suitable for continued residential use.

 

8.1       Policy Controls

 

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

§ Development Control Plan Parking (1998)

 

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

 

The proposal has been assessed against the preferred solutions and performance criteria in the Dwelling Houses DCP. A summary of compliance with the preferred solutions is provided below. Where the preferred solutions are not met, a discussion of the adequacy of the development in relation to the relevant performance criteria has been provided in Section 9 of this report.

 

Control

Preferred Solution

Provided

Compliance

NatHERS Rating

Certificate from an accredited certifier with min 3.5 Stars

3.5 stars

Yes

Solar Access – Subject site

3hrs to portion of nth facing windows 9-3 midwinter

3hrs (+)

Yes

 

3hrs to portion of P.O.S

9-3 midwinter

3hrs (+)

Yes

Solar Access – Neighbouring Properties

3hrs to portion of nth facing windows 9-3 midwinter

3hrs

Yes

 

3hrs of sunlight to POS 9-3 midwinter

3hrs

Yes

Landscaped Area

Min 40% of the site area

57%

Approx 247m2

Yes

Private Open Space

25m2 min usable open space

(Min dim 3 x 4m)

Pool, balconies and front yard

3.4x5.0m

Yes

 

Yes

Soft Landscaping

Min 20% of the site area

(85.45m2)

16.7%

(71.60m2)

No

FSR

Site Area (M2)

300-450

0.6:1

(256.4m2)

0.67:1

(284.21m2)

No

Max external wall height

7m

7.4m

No

Max cut/fill

1m

2.3m

No

Excavation

Over 3m from rear boundary

Over 900mm from side boundary

9.4m

 

0.9-4m

Yes

 

Yes

Length (depth) second storey

Max 12m at less than 1.5m from southern boundary

11.5m@1.5m

Yes

Front setback

In line with adjoining dwellings (or 6m)

3.7m

Yes

Rear setback

Min 4.5m

9.5m

Yes

Side setback

North

LG

G

1

South

LG

G

1

 

 

0.9m

1.5m

3.0m

 

0.9m

0.9m

1.5m

 

 

0.9-1.5

1.5

1.5-3.5

 

1.5-4.0

1.5-2.4

1.5-2.4

 

 

Yes

Yes

No (partial)

 

Yes

Yes

Yes

Habitable windows closer than 9m

Offset 45° and obscure glazing. Sill height of 1.5m

<9m

No

Habitable rooms

At least one window over looking the street

Lounge and dining face the street

Yes

Car parking spaces dimensions

5.5mx2.5m

6 x 11.3m

Yes

Driveway setback

Setback 1m from property boundary

1.1m

Yes

Driveway width

Min 3m

max 3m at boundary

3.7m

3.7m

Yes

No

Driveway gradients

Max of 1 in 6

1:5

No

Garages/carports to a rear lane

Max 1m from boundary

N/A

N/A

Driveway, garages, carports etc areas

Max 35% of the width of the site

3.7m

29%

Yes

Fences - street frontage

Max height 1.8m. Min 50% open

2m (50% transparent)

No

 

Discussion of the compliance of the development with the DCP – Dwelling Houses and Attached Dual Occupancy is provided in section 9 of this report.

 

b.   Development Control Plan Parking (1998)

 

Parking rates and layout requirements for dwellings have generally been incorporated in the Dwelling Houses DCP. As indicated in the table, the proposal complies with the number of spaces required. Council’s Traffic and Parking Engineer has commented on the proposal and is satisfied that it meets the requirements of Council’s DCP Parking, subject to conditions of consent.

 

9.         ENVIRONMENTAL ASSESSMENT

 

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

 

9.1       Desired Future Character

 

Lurline Street has a mixed building typology. The existing single storey detached bungalows at 15 and 17 Lurline Street are the last remaining in this part of the street, with many of the allotments having been redeveloped. The majority of Lurline Street is now comprised of two storey residences built in a range of contemporary styles. The development is of a consistent scale with the surrounding dwellings and relates well to the topography of the site. The design of the proposal has considered the existing development and will make a positive contribution to the mixed character of the area.

 

9.2       Site Analysis

 

A site analysis plan was provided with the application. The site has been considered in terms of existing development, views and vegetation. A streetscape elevation has been provided which indicates that the development is consistent with existing dwellings in the street and will not have a negative impact on streetscape or the topography of Lurline Street. The development will require the removal of three trees covered by Council’s Tree Preservation Order. Council’s Landscape Officer has granted consent to their removal, subject to replacement planting (see Condition 46).

 

The proposal is satisfactory with regard to site analysis and planning.

 

9.3       Solar Access and Energy Efficiency

 

With regard to solar access, the proposal meets the requirements of the DCP maintaining at least 3 hours of midwinter solar access per day to windows and private open space of surrounding properties.

 

The applicant has submitted a NatHERS report, which shows that the dwelling achieves a rating of 3.5 stars. This meets Council’s requirement under the DCP.

 

The proposal is considered acceptable in relation to solar access and energy efficiency.

 

9.4       Landscaping and Private Open Space

 

The development provides 57% (247m2) of the site area as landscaping. This exceeds the preferred solution under the DCP of 40% (170.9m2) by 76m2. The development does not meet the soft landscaping solution of 20% of the site area (85.45m2) by 13.85m2. The development meets the private open space preferred solutions for both dimensions and location under the DCP.

 

The performance requirements for landscaping are to establish minimum dimensions for open space to provide amenity for occupants, to retain existing planting wherever possible and to maximise opportunities for water penetration through non-hardstand areas. The use of native plant species and planting that does not reduce surveillance and security is also encouraged.

 

The amended plans received on 9 October 2002 reworked the ground floor patio to ensure the retention of an established tree in the rear yard. This tree provides privacy screening between the subject site and 11a Lurline Street to the north and also provides shade and visual amenity for occupants of the site. Three trees will be removed as a result of the proposal and the replacement of these with new plantings has been conditioned to ensure the maintenance of the streetscape (see Condition 46). Low growing shrubs in planter boxes are proposed along both side boundaries to provide some softening and screening to adjoining properties. The proposal meets the objectives for landscaping, despite a minor non-compliance with Council’s preferred solution for soft landscaping.

 

The existing swimming pool and paving and the proposed ground floor patio area provides adequate private open space and amenity for residents. These areas are accessible from within the dwelling and contribute to the useable living areas of the dwelling.

 

The development will not significantly increase the hardstand area from the existing situation and therefore will not result in an excessive increase in stormwater runoff. Despite the minor non-compliance with the preferred solution for soft landscaping, the proposal meets the performance requirements under the DCP.

 

Council’s Landscape Officer is satisfied with the proposal, subject to conditions of consent. Consent for the removal of trees covered by Council’s Tree Preservation Order along the front boundary of the site has also been granted.

 

The development is considered satisfactory with regard to landscaping.

 

9.5       Floor Area

 

The proposed development has a floor space ratio of 0.67:1(284.21m2), which exceeds the preferred solution under the DCP for a development on the site, being 0.6:1 (256.4m2) by 27.81m2. The objective of the floor area controls is to ensure developments are not excessive in bulk or scale, but are compatible with the existing character of the locality.

 

Consistent with the objective of the floor area control, the development minimises impacts to neighbouring properties, despite the non-compliance of the proposal with the preferred solution of 0.6:1. The additional 27.81m2 of floor area is largely attributed to the laundry area (23.5m2), to the rear of the development, which is generally below existing ground level.

 

The area below ground, which makes up the non-compliance, will not have a significant impact in terms of the appearance of the development from the street or surrounding properties. The two-storey dwelling proposed is consistent with the existing property to the north and the development potential of the single storey dwelling to the south.

 

The visual bulk of the dwelling, especially as viewed from the south, was raised with the applicant and addressed in the amended plans through the reduction and reorganisation of floor area at the first floor level. The amended development has addressed concerns raised relating to view loss and the bulk of the scheme is now considered satisfactory with regard to the streetscape and adjoining properties despite the non-compliance with the preferred solution.

 

The additional floor area of the proposal will not have a significant impact on surrounding properties with regard to solar access, maintaining the minimum requirements under Council’s preferred solution within the DCP.

 

The development is satisfactory with regard to floor area, bulk and scale.

 

9.6       Height, Form and Materials

 

The proposed development has a wall height of 7.4 metres. This does not comply with the preferred solution for wall height, being 7 metres. The non-compliance is largely due to the south to north cross fall on the site rather than excessive height and bulk. The non-compliance occurs on the northern (lower) side of the site. To the southern side, which is critical in terms of overshadowing and ocean views, the development complies with the preferred solution.

 

The development represents an increase of 3.23m on the ridge height of the existing dwelling. The development relates well to the topography, the resultant height being consistent with the adjoining property to the north. The development will continue the staggered roof ridges along Lurline Street, which reflect the sloped topography.

 

Despite being taller than the existing dwelling, the proposal will not result in excessive overshadowing impacts to adjoining properties during the midwinter period. The property to the south (17 Lurline Street) will receive additional shadow as a result of the proposal, however this property will maintain more than three hours solar access to its rear yard and three hours of solar access to a portion of north facing windows. The amendments made to the plans have increased the solar access to this property, most notably to the sunroom on the south-eastern corner of the house.

 

Amendments made to the scheme have improved its impact on adjoining properties with regard to visual privacy and view sharing. The height of the proposal is satisfactory with regard to its impacts on both visual privacy and views as discussed in section 9.8 of this report.

 

The development will generally be constructed of rendered masonry with a tiled roof. Elements of the original scheme, particularly the first floor balcony to the rear of the dwelling, were visually bulky and obtrusive as a result of its masonry architecture and detailing. The amended scheme has removed this element and reduced the visual bulk of the dwelling. Aluminium doors and windows and metal balustrading will provide additional detail and relief from the solid masonry appearance of the dwelling. The design incorporates cornices and expressed columns and beams to give greater relief to the building. Planter boxes have also been used to incorporate interest into the facades. The materials and two-storey form of the dwelling are in keeping with more recently constructed dwellings in the street.

 

The development will not have a significant impact on the amenity of surrounding properties with regard to views, overshadowing or privacy. The development is satisfactory with regard to height. The overall built form and materials proposed are also satisfactory.

 

9.7       Building Setbacks

 

The front (western) setback to Lurline Street is 3.7 metres. This is consistent with the adjoining dwellings and the established streetscape.

 

To the northern and southern side boundaries, the development meets the required setbacks, except along a small part of the northern side boundary at the first floor level. The critical area for privacy and overshadowing is the north-eastern corner of the dwelling which includes a balcony and windows to the main bedroom. This setback exceeds the 3.0 metre requirement, and incorporates a planter box to prevent overlooking. To the north-western corner the dwelling is two storeys and complies with the 1.5 metre setback requirement. The area of non-compliance is located at the midpoint of the northern elevation and is a result of the sloped topography. In order to comply, the applicant would likely propose further excavation. This would have a greater impact in terms of the existing ground level, without resulting in significant amenity benefits. The southern side setbacks meet Council’s requirements at all levels.

 

The eastern (rear) setback of the building (including the basement) is 9.5 metres. Although the DCP requires a minimum rear setback of 4.5 metres be provided, the rear building line in this part of Lurline Street has been established further back to preserve views. Council has consistently enforced a greater rear setback to development on surrounding sites (as per the recently constructed dwelling at 11a Lurline Street). The development provides a rear setback, which is more than double Council’s requirement, is consistent with the established rear building line and assists in view and privacy preservation and the minimisation of overshadowing impacts.

 

The development is satisfactory with regard to building setbacks.

 

9.8       Visual and Acoustic Privacy

 

         The original scheme proposed for the site was considered to be unsatisfactory with regard to privacy and view sharing. The applicant has proposed significant changes and worked cooperatively to resolve the issues raised by neighbours in their submissions and by assessment officers during the consideration of the application.

 

         The site benefits from the having its main view aspect to the low side of the site (north). The change in level between the subject site and the adjoining property to the north and the distance of the ocean vista results in an angle of vision from the upper floors of the development that largely obscures the rear yard of the adjoining property to the north (11a Lurline Street). Despite the benefits of the topography, the original scheme was considered to have a significant impact on the privacy of the dwelling to the north and associated outdoor living spaces. The balcony of the original scheme promoted overlooking and was a prominent structure. The recessed balcony now proposed to the upper floor maintains the ocean vista but reduces the ability of occupants to overlook neighbours.

 

         On the ground floor, this impact was largely due to the proposed removal of a mature tree on the northern boundary of the site. The tree provides screening between the subject site and the recently constructed elevated terrace at 11a Lurline Street from which the neighbour overlooks the subject site. The amendments made to the plans have reorganised the ground floor terrace to ensure retention of the existing tree, increase the separation distance between the two terrace areas and have incorporated solid balustrading to the northern side of the ground floor terrace. The balustrading is 2m above the finished floor level of the adjoining terrace to 11a Lurline Street. This will maintain privacy between the two dwellings, whilst maintaining access to ocean views.

 

         The first floor of the original scheme proposed a two metre wide balcony for the length of the eastern (rear) façade. Whilst a planter box was provided to the northern edge of the balcony, this was set down and was too low to obscure a view to the adjoining sites. No privacy screening was provided to the eastern edge of this balcony. The balcony also projected beyond the established rear setback line set by Council in their assessment of previous development applications in the area. In addition, the heavy, masonry architectural detailing and projection of the balcony resulted in view loss and visual bulk impacts, in particular obscuring ocean views from the adjoining property to the south.

 

         The amended plans removed the balcony in favour of a recessed balcony area to the north-eastern corner of the first floor. A two metre wide planter to this balcony results in a 3.5 metre setback to the boundary of 11a Lurline Street and obscures direct views to the rear yard of the adjoining property. A 600mm ‘juliette’ style balcony has been retained along a portion of the eastern façade, however this is outside the critical view corridor enjoyed by the property to the south (17 Lurline Street). The juliette balcony will afford extensive ocean views from the master bedroom and this is considered to be in the amenity interest of occupants of the dwelling, without significant impact on adjoining residents.

 

         The development generally meets side setback requirements, which assists in maintaining privacy between dwellings. The northern and southern (side elevations) are comprised of secondary windows with major outlook from the dwelling towards the street and rear of the subject site.

 

         To the rear (east), the setback (which is more than twice the preferred solution) will ensure there are no significant privacy impacts on properties to the east as a result of the development.

 

The development has incorporated features to mitigate privacy impacts and meets Council’s performance requirements and preferred solutions.

 

9.9       Safety and Security

 

The development meets the requirements of the DCP with regard to safety and security. The development provides living and dining areas with outlook to the street. Balconies also face Lurline Street to provide casual surveillance. Low planting is provided to the dwelling entry to ensure surveillance and outlook to the street.

 

The development meets the safety and security requirements of Council’s Dwelling Houses and Attached Dual Occupancy DCP.

 

9.10     Parking

 

The development meets Council’s requirements with regard to parking provision. The driveway width and setback meets Council’s requirements. The gradient of the driveway is slightly greater than Council’s preferred solution, however Council’s Traffic Engineer is satisfied that this is not a significant non-compliance.

 

The development is satisfactory with regard to parking provision.

 

9.11     Fences

 

The height of proposed fencing does not meet Council’s preferred solution by up to 200mm due to the topography of the site, which requires staggering of the fence to meet this requirement. As the length of fencing is short (5m) it is impractical to introduce significant steps in the fencing to maintain compliance with Council’s control. The non-compliance with Council’s recommended 1.8 metre height limit is not considered significant as the fence design is transparent as per the preferred solution and incorporates planting to ensure the adequate streetscape amenity is maintained. The proposed materials for the fence (sandstone block and metal) are compatible with the streetscape and the materials of the dwelling.

 

The southern wall indicated on the plans is shown in line with an existing wall on the southern boundary of the site. The existing wall is located on the neighbouring property at 17 Lurline Street. A condition has been proposed to ensure the works proposed are wholly contained within the boundaries of the subject site (see Condition 2).

 

The development is considered satisfactory with regard to the objectives for fencing under section 4.8 of the DCP.

 

10.       CONCLUSION

 

It is considered that the proposed building is appropriate on the site given the desired future character of the area and foreshore and the objectives contained within the RLEP98 and the Dwelling Houses DCP. The development proposes a building envelope, height and façade treatment that generally meets the criteria and fulfils these objectives.

 

The proposal will not have a significant impact on surrounding properties and the non-compliances with policy controls will not exacerbate impacts. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80(1) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0569/02 for demolition of the existing dwelling on the site and construction of a new two storey dwelling house and basement garage, at 15 Lurline Street, Maroubra, subject to the following conditions:-

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans drawn by Alec Pappas Architects P/L Job No.J35-01 and numbered DA-01(A) to  DA-07(A) and drawings LC-01(A), SC-01(A), ESC-01(A), dated October 2002, stamped received by Council on 09/10/02, 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.         All works, including the wall on the southern side boundary of the site, are to be wholly constructed within the property boundaries at 15 Lurline Street, Maroubra.

 

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

 

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

 

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

 

5.         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.

 

6.         Landscaping shall be provided to the site to reduce the impact of the development upon the amenity of the environment and a landscape plan shall be submitted to and approved by the Director of Planning & Environment, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the commencement of any works.

 

7.         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.

 

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

 

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

 

9.         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.

 

10.       The finished ground level outside of the building is required to be a minimum of:

 

·          150mm below the internal floor level of the building, or,

·          100mm below the internal floor level of the building in sandy, well drained areas, or,

·          50mm below the internal floor level of the building where an external paved area or slab is provided adjacent to the building, which is graded not less than 50mm over the first 1m away from the building,

 

Details of stormwater drainage are to be provided in the plans / specifications for the construction certificate.

 

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

 

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

 

12.       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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

14.       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.

 

15.       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.

 

16.       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.

 

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

 

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

 

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

 

19.       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

 

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

 

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

 

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

 

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

 

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

 

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

 

24.       Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions at all times.

 

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

 

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

 

27.       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”.

 

28.       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.

 

During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing.

 

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

 

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

 

30.       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.

 

31.       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:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)         $1000.00         -           Vehicular crossing deposit

 

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

 

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

 

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

 

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

 

b)   Construct a 1.3m wide concrete footpath along the full site frontage.

 

c)   Construct a stilling pit at kerb, if required, for site stormwater disposal.

 

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

 

35.       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.

 

36.       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:

 

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

 

·    Proposed Pedestrian Gate Entrance – To be at RL 38.30 AHD

 

·    Driveway Entrance –                   To be RL 37.035 AHD (Northern Side)

To be RL 37.480 AHD (Southern Side)

 

The above issued levels are to be used in conjunction with the survey submitted, done by John R Holt Surveyors dated 7/5/02, and using the B.M nail in power pole.

 

Note: The internal driveway and pathway are to be constructed with high points 50mm above the issued alignment levels. (Compliance with this requirement is to be shown on the plans for the construction certificate – this is to reduce possible overland stormwater flow into the site).

 

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

 

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

 

38.       The design alignment levels (concrete/paved/tiled level) issued by Council (see above) are to 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.

 

39.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $215.00 calculated at $17.60 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

40.       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.

 

41.       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:

 

42.       Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to a minimum 3 metre square base infiltration area. An overflow pipe shall be provided from the silt arrestor pit that drains to Council's kerb and gutter

 

Note: Should a pump out system be adopted for the overflow pipe then all pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

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.

 

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

 

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

 

44.       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.

 

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

 

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

 

46.       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 Banksia species (Banksia) located along the front of the site.

 

47.       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.

 

48.       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

STUART HARDING

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

WILLANA ASSOCIATES

 

 

 

 

 









 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

28 October, 2002

FILE NO:

D/552/01

 

PROPOSAL:

 Demolish existing dwelling & construct and strata subdivide new  four storey residential flat building comprised of eight (8) two (2) bedroom units and basement parking for fifteen (15) vehicles.

PROPERTY:

 403 CLOVELLY ROAD, CLOVELLY

WARD:

 North Ward

APPLICANT:

 MICHAEL SUTTOR PTY LTD ARCHITECTS

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.         EXECUTIVE SUMMARY

 

The application is referred to Committee, as it is valued at $2,750,000.

 

The applicant is seeking approval to demolish the existing single storey dwelling on the site, excavate and construct a level of basement carparking and a new four (4) storey residential development on the site at 403 Clovelly Road, Clovelly. The new development will comprise eight (8) two (2) bedroom residential units over four (4) levels.

 

In response to the concerns of Council and the public, amended plans were submitted on 9 August 2002. The proposal now generally complies with the building envelope stipulated under the Randwick LEP and Multi Unit Housing Code and meets heritage, character and streetscape objectives for this part of Clovelly.

 

A previous application for redevelopment of the site for sixteen (16) studio dwellings was considered and approved by Council in December 1998. This application has a similar building envelope and is considered to be of a lesser impact due to the reduced number of dwellings.

 

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

 

1.         THE PROPOSAL

 

It is proposed to demolish the existing dwelling on the site and erect a four (4) storey residential development comprising eight (8) two (2) bedroom units. Basement parking is provided for 15 vehicles. Pedestrian access to the building is provided from Clovelly Road. Vehicular access is provided from Donnellan Circuit. Strata subdivision of the building is also proposed.

 

The building is of a contemporary design and is to be constructed of rendered brickwork with glazed balustrading to balconies. As part of the amendments made in August 2002, the pitched roof forms were removed in favour of a flat roof with cornice. The unusual shape of the site has dictated a form to the rear and sides of the building that is stepped to accommodate the diagonal boundaries.

 

2.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Clovelly Road. The allotment is the easternmost on this side of Clovelly Road being located just before the intersection of Clovelly Road with Donnellan Circuit. These two frontages have resulted in an irregular shaped allotment.

 

The site has a total area of 740.6m². The southern frontage (to Clovelly Road) is 22.55m. The eastern frontage (to Donnellan Circuit) measures 51.97m. A portion (15.035m) of this eastern frontage is adjacent to a landscaped triangular shaped road reservation. The northern and western boundaries are 3.715m and 43.525m in length respectively. These adjoin the side boundary of the allotment, which is shared with the Clovelly Hotel. The site slopes steeply from west to east with a maximum fall across the site of approximately four (4) metres, the lowest point on the site being at the Donnellan Circuit frontage.

 

The site is currently occupied by a single storey brick dwelling house, which is oriented to Clovelly Road. The house is in disrepair and is currently unoccupied.

 

The character of the area is comprised of a range of development types and architectural styles. This is reflective of the adjoining local business and residential zones in the area. Along Clovelly Road, development is generally of a larger scale and supports commercial and residential uses. Directly opposite the site on Clovelly Road are a number of multi-storey residential flat buildings. Adjoining the site to the west on Clovelly Road is the Clovelly Hotel that incorporates restaurant and accommodation uses and is a heritage item. To the north and east of the site across Donnellan Circuit is the Clovelly Gully, a natural bush reserve, which adjoins Clovelly Baths. Further east is the Clovelly Surf Lifesaving Club, open-air carpark and the coastline. Further to the northwest of the site, along Donnellan Circuit are residential uses.

 

3.         HISTORY

 

3.1.      Site History

 

         The use of the site for residential purposes appears to have been established some time ago. Development Application D0406/1998/DE for the demolition of the dwelling house and construction of 16 studio serviced apartments over three (3) storeys and basement carparking for eleven (11) vehicles was submitted to Council and approved, subject to conditions in December 1998. There is no further history relevant to the subject site for this application.

 

3.2.      Application History

 

         Development application No 0552/2001 seeking approval to construct a four (4) storey residential development comprising eight (8) two bedroom dwellings and basement carparking was lodged on 29 June 2001. Several issues were raised with the applicant at a meeting on 4 September 2001. These concerns included the extent of the basement and lack of deep soil planting, the height and bulk of the building including the building footprint, the pitched roof design and the horizontal emphasis of the Donnellan Circuit elevation and fenestration. A demonstration that a safe sight distance of vehicles exiting the carpark onto Donnellan Circuit, photomontages, a sample board and demonstrated achievement of the principles of SEPP 65 were also requested.

 

The applicant lodged amended plans on 9 August 2002. The amended plans were readvertised in accordance with Council’s LEP, concluding on 10 September 2002.

 

These amended plans removed the pitched roofs to reduce the height of the development and modified the articulation of the building in response to Council’s concerns. These plans are the subject of this assessment.

 

4.         COMMUNITY CONSULTATION:

 

The proposal has been notified by letter to surrounding properties and advertised in the local newspaper, in accordance with the Local Environmental Plan 1998.

 

4.1.      Objections

 

The original application was open for comment between 17 and 31st July 2001. Amendments were also notified between 27 August and 10 September 2002. No submissions were received as a result of the latest notification period, however the following four (4) submissions were received in relation to the original proposal:

 

1.   Colin Heard, 2/4 Donnellan Circuit, Clovelly

§ Proposed vehicular exit onto Donnellan Circuit is unsafe, minimum line of site from exit point.

 

2.   Helen Heard, 2/4 Donnellan Circuit, Clovelly

§ Overdevelopment of regular house block.

§ Removal of trees.

§ Safety of exit to Donnellan Circuit.

§ Noise of Clovelly Hotel will disturb residents of development.

 

3.   John Masters, 1/4 Donnellan Circuit, Clovelly

§ Pedestrian and vehicular safety concerns arising from Donnellan Circuit exit, particularly when cars are parked along Donnellan Circuit.

§ Vehicular entry/ exit should be moved to Clovelly Road boundary.

 

4.   Jillian Clarke 371 Clovelly Road, Clovelly

§ Objects to multi unit development in this location and to zoning of the site as 2(c) should be 2(a).

§ Traffic and safety.

 

The amendments made to the application have demonstrated compliance with the Australian Standards for sight distances from the driveway to Donnellan Circuit and indicated the volume of traffic from the development will not be significant. Council’s traffic engineer is satisfied that the driveway conforms to safety requirements (see Section 5.2).

 

The proposal is not considered to be an overdevelopment of the site. The scheme for eight two bedroom units is considered to have a lesser impact than the previously approved proposal for sixteen one bedroom units in terms of population, density and traffic. The land has been zoned 2(c). This zoning has the purpose of encouraging a variety of medium density housing. The development is consistent with this objective.

 

Council’s Landscape officer has made comment on the proposal and is satisfied it will not result in the loss of significant trees. Conditions have been applied to ensure that trees requiring removal will be replaced. The development complies with the minimum landscaping requirements under the LEP.

 

Any noise or management issues with the Clovelly Hotel are outside the scope of this assessment. However, the building is designed with service areas and circulation to the rear (towards Clovelly Hotel) with main openings, living areas and bedrooms to the east (away from the Hotel). It is considered that the new dwellings will provide adequate amenity to residents, consistent with the residential zoning of the land and that any noise issues arising from the use of the Hotel may be pursued through Council or the regular channels.

 

5.         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:-

 

5.1.      Manager of Building Services

 

The Manager of Building Services has raised no objection to the proposal, and has recommended a number of standard conditions be attached to any approval.

 

5.2.      Director of Assets & Infrastructure

 

The Director of Assets & Infrastructure has provided the following comments:

 

An amended application has been received for construction of a multi unit housing development, (consisting of 8 x 2 bedroom units), and associated strata subdivision of the development at the above site.

 

Landscape Comments

 

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

 

a.   One (1) Metrosideros excelsa ‘Variegata’ (New Zealand X-mas Bush) located along the western boundary of the site. This tree is approximately 6 metres tall, however it is in poor health with approximately 40% of its canopy dying back. As such permission should be granted for the removal of this tree, subject to the planting of one replacement tree within the site.

 

b.   Three (3) Archontophoenix alexandrae (Alexandra Palms) located along the western boundary of the site. These palms are approximately 8-10 metres tall, however all are in only average condition, showing signs of damage to their trunks. As such permission should be granted for the removal of these palms, subject to the planting of three replacement trees within the site.

 

c.   One (1) Tree (species undetermined) located along the western boundary of the site. This tree is approximately 6 metres tall, however it is on a severe lean over the boundary fence. As such permission should be granted for the removal of this tree, subject to the planting of one replacement tree within the site.

 

d.   There are various trees and shrubs within the adjacent landscaped embankments. These trees and shrubs are overcrowded and most are in poor condition. It is recommended that the applicant be requested to include the re-landscaping of these embankments in their scope of works. At this point 50% of the embankment to the west of the proposed driveway along Donnellan Circuit has been included to be re-landscaped in order to provide sufficient sight distance. By improving the embankments immediately adjacent to the development, the general aesthetic appeal of the development will be significantly enhanced.

 

Drainage Comments

 

Onsite detention of stormwater is not required for this application.

 

Traffic Comments

 

         The average traffic generation for the proposed residential development consisting of 8 residential units will be in the range of 32 to 40 vehicle movements per day.

 

         The expected peak flow volume of approximately 5 vehicles per hour is considered low and no delays should be experienced in Clovelly Road or Donnellan Circuit as a result of this development.

 

The EPCD Department is to determine whether the internal driveway gradients comply with Council's DCP - Parking.

 

5.3.      Heritage

 

Council’s Heritage Officer has provided the following comment, as the site is adjacent to the Clovelly Hotel, a heritage item under LEP 98.

 

Refer to my previous memo for background to the application.  My original pre-da memo raised concerns in relation to the roof form of the proposal and the design of the elevation facing Clovelly Road.  Amendments to the proposal have since been made to address these issues.  My development application memo raised concerns in relation to the impact of the proposal on views of the Clovelly Hotel from the north east, the dominant presence of the building in Donnellan Circuit, the minimal provision of windows to the south eastern end of the building, and the setback area available for the provision of landscaping between the building and the Clovelly Hotel.

 

In relation to the presence of the building in Donnellan Circuit, it is noted that the Donnellan Circuit elevation of the development has been redesigned to better modulate and break down the bulk of the proposal.

 

In relation to windows to the south eastern end of the building, it is noted that additional windows have been provided at ground, first and second floor levels, considerably improving the streetscape appearance of the building.

 

In relation to views of the Clovelly Hotel from the north east, it is noted that the footprint of the building is not any greater than the footprint of the building, which was previously approved, and will not have a greater effect on views towards the Clovelly Hotel.  In relation to the setback to the Clovelly Hotel, it is noted that the plans indicate a reasonable provision of planting within the subject site, to provide landscape screening and a landscape buffer between the development and the Clovelly Hotel.

 

The drawings, which have been submitted, address the issues, which have been raised by my previous memo.  It is considered that the current proposal will not adversely impact on the on the heritage significance of the Clovelly Hotel.

 

A deferred commencement condition requiring the submission of details of materials and finishes suggested by Council’s heritage officer has been included in the recommendation..

 

6.         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.

 

7.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)        Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2(C) 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 - Strata Subdivision

Consent Required

Indicated on application but no plans provided

No

29 – Foreshore Scenic Protection Area

Probable visual impact from foreshore to be considered

Will not have a significant impact

Yes

31(2) – Landscape Area (minimum)

50%

370.3m2

54%

403.65m2

Yes

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

Not to exceed 50% of landscaped area requirement

(25% of site area)

(185.15m2)

 

66%

(243.81m2)

 

 

33% of site area

(243.81m2)

No*

32(1) – FSR

0.9:1

(666.54m2)

1.378:1

(1,020.61m2)

No*

 33 (2)– Building Height

12m

10.6m

Yes

33 (4)- External Wall Height

10m

10m

Yes

43 – Heritage Item or Conservation Area

Must be taken into consideration in assessment

Not a heritage item not located in a heritage conservation area, but is in vicinity of Clovelly Hotel heritage item.

Yes

 

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

 

cl.21 - Subdivision

 

The application form and Statement of Environmental Effects lodged with the application indicate that strata subdivision is included in the application. However, no draft strata plan indicating the intended strata have been provided for assessment. The issue of strata subdivision has not been considered in this assessment and therefore the separate consent of Council should be sought for any subdivision works in accordance with clause 21 of RLEP 98.

 

cl.29 - Foreshore Scenic Protection

 

The development will largely be obscured from the foreshore by existing vegetation in the Clovelly gully and the change in level between the foreshore and the site. The development will be most visible from the foreshore walk on the northern side of Clovelly Bay (Bundock Park). This is largely due to the elevation of this area that provides a vista above the existing dense vegetation. The existing dwelling is also visible from this vantage point and the top two floors of the development will be visible. A portion of the south-eastern elevation of the building will also be visible. Council’s Heritage Officer requested that this elevation have greater articulation to improve its appearance from the street. This  amended façade has improved the appearance of the development from distant foreshore locations. The development will reduce the visibility of the top floor of the Clovelly Hotel from the northern side of Clovelly Bay. However the removal of the previously pitched roof is considered to have reduced the impact of the building and the pitched roof of the Hotel will remain visible behind the new building.

 

The proposal, as amended, is considered satisfactory with regard to foreshore scenic protection.

 

cl.43 – Development in the vicinity of a Heritage Item

 

The site adjoins the Clovelly Hotel heritage item at 379-401 Clovelly Road. Council’s Heritage officer has provided comment on the development on several occasions and the amended proposal is now considered satisfactory with regard to its impact on the Hotel and clause 43 of the RLEP98 (refer to section 5.3 of this report).

 

The remaining clauses of the RLEP98 have been discussed under Section 8.1 and 8.7 of this report.

 

b.         SEPP 1

 

The applicant’s SEPP 1 objection made in response to the non-compliance with the 0.9:1 FSR and the landscaped area over podiums/ basements standards will be discussed under Sections 8.1 and 8.7 of this report.

 

c.         SEPP 55

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated in the consideration of development applications. Notwithstanding that site investigations have not been carried out, the current and previous longstanding use of the site for residential purposes would substantially reduce the possibility of contamination.

 

It is considered reasonable to assume that the site would not be contaminated, or in need of remediation pursuant to SEPP 55 and that the site is suitable for continued residential use.

 

d.         SEPP 65

 

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 architectural treatment to Donnellan Circuit and Clovelly Road and has been designed with regard to its visibility and prominent corner position. It will result in a quality environment for the future residents and for passers-by. The articulation of the building increases its aesthetic appeal and responds to the potential environmental impacts upon adjoining properties and the streetscape. The development has been professionally designed by Michael Suttor Architects and is consistent with SEPP 65 in terms of its general approach to the site and residential use contained within the building.

 

Principle 2: Context

 

The building’s design has considered the immediately adjoining heritage item to the west and its current use as a Hotel. The building has considered the scale and character of surrounding development, being the Hotel and other multi-unit developments. The building is consistent with the siting and layout of these existing developments. The proposal has also considered the natural context, being the bush reserve across Donnellan Circuit and incorporates landscaped setbacks to all boundaries.

 

Principle 3: Scale

 

The proposal has been amended in response to concerns over its scale and is now considered to be consistent with the adjoining property to the west and residential developments to the north and south. The building has been modulated to ensure that its bulk and apparent scale are reduced from the street and impacts upon adjoining properties minimised.

 

Principle 4: Built Form

 

The building is suitably articulated to reduce bulk. The irregular shape of the site has resulted in a stepped, triangular floor plan with a main façade to the longest frontage and views to the east. The long frontage of the building has been amended in response to concerns that it had a heavy horizontal emphasis, and now incorporates column elements, which provide balance to the façade. The built form will be visible from all sides and care has been taken to provide variety in all four elevations. The pedestrian entry to the building has been articulated with a portico structure attached to the Clovelly Road elevation.

 

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 exceeds the allowable floor space ratio under the Randwick LEP 98. Despite this, the scheme is consistent with the objectives of the density control.

 

Principle 6: Aesthetics

 

Balconies and openings have been located in a symmetrical arrangement to reflect older style residential buildings in the area. The flat roof of the amended scheme reduces its scale and is capped with a cornice line to add visual interest. The rendered masonry proposed is consistent with adjoining older style and recently constructed developments. Lower floors are to incorporate sandstone to delineate the base of the building from the upper floors and provide additional visual interest.

 

Principle 7: Amenity

 

The development provides indoor and outdoor spaces that will be comfortable to use. Balconies in appropriate locations for solar access and maintenance of surrounding amenity have been provided. The building provides adequate dimensions for internal rooms and appropriate ancillary spaces and parking. The proposal will provide occupants with appropriate levels of residential amenity without significant disruption to existing residents.

 

Principle 8: Resources

 

The proposal provides an efficient use of resources through passive solar and natural ventilation design. A NatHERs certificate indicating a rating of 4.5 or more stars for each dwelling has been provided with the proposal. The development has considered solar and energy efficiency as discussed in detail under section 8.10 of this report.

 

Principle 9: Social dimensions

 

The proposed apartments 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 two bedroom units that offer flexibility in the variety of living arrangements they can support (eg: single people, couples, small families and home/office arrangements). The development will support the existing businesses in the area by increasing the number of local residents. The development is consistent with principle 9.

 

Principle 10: Safety and security

 

The proposal provides excellent safety and security. Balconies and windows provide passive 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 is provided from Clovelly Road and is articulated through a covered entry which projects beyond the general building line. 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.

 

7.1.      Policy Controls

 

Multi Unit Housing Development Control Plan 2000 (DCP)

DCP – Parking 1998

Section 94 Contributions Plan, 1999

 

 

a.         Multi Unit Housing Development Control Plan 2000 (DCP)

 

The proposal has been assessed against the preferred solutions and performance criteria in the Multi Unit Housing DCP. A summary of compliance with the preferred solutions is provided below. Where the preferred solutions are not met, a discussion of the adequacy of the development in relation to the relevant performance criteria has been provided in Section 8 of this report.

 

Control

Preferred Solution

Provided

Compliance

Front Setback (Clovelly Rd)

(South)

Consistent with Existing (no real line established due to change in level and unusual location of site)

7.5-11.6m

Yes

Side Setback

(East)

(West)

Av. 5m

No part of the building is to be closer than 3.5m

Av. 3.7m

2.7-4.6m

Av.7.9m

1.3-14.5m

No

No

Yes

No

Rear Setback (North)

Av. 8m

No part of the building is to be closer than 6m

Av. 12.95m

12.7-13.2m

Yes

Yes

Wall Articulation

Max.10m unarticulated wall length to step of minimum 3m

<10m (3m+)

Yes

Fences

 1.2m solid

1.8m 50% transparent

Up to 1.8m solid

No

Separation b/w windows of habitable rooms

<10m then angled/ offset or sill level of 1.6m (+) for privacy

>10m

Yes

Private Open Space

8m2 Min. dimension of 2m

11m2 2m (+)

Yes

NatHERS Rating

75% of units 3.5stars

All must be 3 stars or more

All 4.5(+) stars

Yes

Parking

2b/r

 

1.2 spaces per dwelling (9.6)

13 spaces

Yes

Visitor Parking

1 space per 4 dwellings (2)

2spaces

Yes

Total

12 spaces

15 spaces

Yes

Driveway Width

 Min. 3m

1m from side/ rear fence

5.5m

1.0m(+)

Yes

Yes

Driveway Gradient (max)

1:6

16%

1:30

3%

Yes

Solar Access

3hrs 9am-3pm midwinter

3hrs (+)

Yes

Accessible Dwellings

No requirement if <15 dwellings proposed

N/A

N/A

Storage

10m2 min. height 2.1m each dwelling

In basement

Yes

 

Discussion of the compliance of the development with the Multi Unit Housing DCP is provided in section 8 of this report.

 

b.         Development Control Plan Parking (DCP Parking), 1998

 

Parking rates and layout requirements for multi-unit housing have generally been incorporated in the Multi-Unit Housing DCP. As indicated above, the amended proposal complies with the number of spaces required, driveway location, width and gradient controls. Council’s Traffic and Parking Engineer has commented on the proposal and is satisfied that it meets the requirements of Council’s DCP Parking, subject to conditions of consent.

 

c.         Section 94 Contributions Plan, 1999

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes an additional seven (7) dwellings on the site. 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 administration charges totalling $18,524.20. This amount must be paid prior to the issuing of any Construction Certificate .

 

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 1.378:1(1,020.61m2), which exceeds that permissible under the existing RLEP for a development on the site, being 0.9:1 (666.54m2) by 354.07m2. The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 32(1) of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

i.          It is not inconsistent with other development in the locality in terms of height, bulk, scale, size, and the amount of private open space area afforded;

ii.         It contributes to the desired future character of the street scape and the locality;

iii.        It will not result in any unreasonable adverse impacts on adjoining development in terms of loss of privacy, overshadowing and visual impact;

iv.        It will not detrimentally impact on the amenity of the existing residential development of the area nor will it result in any unreasonable adverse impacts;

v.         It provides adequate open space areas for private recreation;

vi.        It provides high quality residential accommodation; and

vii.       It is not inconsistent with the scale and character of the streetscape.

 

The objective of the floor space ratio (FSR) standard is to establish a reasonable upper limit for development in residential zones through a limit on the amount of floor space that can be provided. This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment. An accepted measure of the impacts on amenity is the degree of compliance a proposal achieves with Council’s amenity standards for overshadowing, visual privacy, views etc.

 

Consistent with the objective of the FSR standard, the development minimises impacts to neighbouring properties, despite the non-compliance of the proposal with the density standard of 0.9:1. The non-compliance with the FSR standard results in an additional 354.07m2 of floor area. This can be attributed to areas below existing ground level including storage rooms, lobby areas and apartments.

 

         Areas below ground, which make up the non-compliance, will not have a significant impact in terms of the appearance of the development, except from the low side of the site (Donnellan Circuit). The issue of visual bulk of this eastern elevation was raised with the applicant and addressed in the amended plans through greater vertical emphasis on the balcony areas of the Donnellan Circuit elevation and the removal of a pitched roof. The building has been placed parallel to this long frontage and due to the curvature of the roadway, this part of the building is clearly visible as pedestrians and vehicles move along Donnellan Circuit. The additional floor space has not reduced opportunities for landscaping to Donnellan Circuit, which helps to soften the bulk and scale of the development.

 

         To further reduce the bulk and scale of the Donnellan Circuit façade, the building should have a clearly articulated base section from ground level at the Donnellan circuit frontage to the cornice line at the ground floor level (RL 22.25). This area is to be faced with sandstone to increase the delineation between the base of the building and the upper floors. A sandstone base will unify the bottom of the building with the materials proposed for the landscaping and earthworks, reducing the apparent height and visual bulk of the building, to that portion above this solid base. Sandstone bases are consistent with existing architecture in the area, including the house which currently exists on the site. The proposal is considered satisfactory (subject to conditions) with regard to the streetscape and will not have a negative impact.

 

Only the top two floors of the development will be visible from the Clovelly Hotel heritage item. The additional floor space, located below existing ground level will not result in significant impacts on the heritage value of this building.

 

The development will not impact surrounding properties with regard to visual privacy, view sharing or solar access due to the location of the non-compliance below existing ground level.

 

The proposal meets the parking requirement under the Multi-Unit housing DCP. This is a further indication that the density of the development is consistent with development on the site envisaged by the RLEP98 and the DCP, despite non-compliance with the numeric density standard. The previously approved development also exceeded the floor space ratio control and is considered to have potentially a greater impact on density in the area as the previous application proposed twice the number of dwellings (16), as compared with this application (8).

 

         The proposal complies with the statutory height control. In order to achieve a compliant FSR the applicant would most likely remove a lower ground level apartment and storage areas due to the extensive views available from upper floors. This would have no benefit in terms of reducing the building form above ground and would reduce the amenity of the apartments by deleting storage areas required under the Multi-Unit Housing DCP. Compliance with the FSR standard in this case is not considered to result in significant amenity benefits to adjoining properties or the appearance of the development and is therefore unnecessary.

 

The non-compliance with the floor space ratio standard contained in clause 32 of the Randwick LEP will not result in significant impacts on adjoining development and therefore strict compliance is unnecessary in the circumstances of the case. It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying and stated purpose of the standard and meets Council’s controls with regard to streetscape, residential amenity and parking. It is considered that SEPP 1 objection is well founded and should be supported.

 

8.2.      Height

 

The proposed development has a maximum height of 10.6 metres and a wall height of 10 metres. The development therefore complies with the permissible height and wall height for development on the site, being 12 and 10 metres respectively. The development represents an increase of 1.55m on the ridge height of the existing dwelling.

 

The objective of the height standards is to set upper limits for the height of buildings in residential and business zones that are consistent with the redevelopment potential of land in those zones given other development restrictions, such as floor space and landscaping, and have regard for the amenity of surrounding areas.

 

Despite being taller than the existing dwelling, the proposal will not result in excessive overshadowing impacts to adjoining properties during the midwinter period. The north-south orientation of the site and topography results in shadows being cast over the subject site itself, the driveway of the Clovelly Hotel and on the road surface. The additional wall and roof height of the development will not significantly reduce solar access to adjoining properties at midwinter.  Further, the compliance of the development with both height standards and the orientation of the building have limited impacts on visual privacy and views.

 

Amendments made to the scheme have reduced the scale and visual impact of the development, particularly with regard to the adjoining heritage item and Donnellan Circuit. The overall height of the original scheme was greater as it incorporated a pitched roof. The amended proposal has reduced this height by including a flat roof profile, which reduces the height and scale of the building.

 

The development will not have a significant impact on the amenity of surrounding properties with regard to views, overshadowing or privacy. The development is satisfactory with regard to height.

 

8.3.      Desired Future Character

 

The site is considered to be in a Type 7 – Mixed Building Type Area under Part 2 of the Randwick Multi-Unit Housing DCP. The site is located amongst a variety of development types including 3-4 storey 1960s and inter-war walk-up flats and two storey freestanding and semi-detached dwelling houses. The development is of a consistent scale with the surrounding 3-4 storey residential flat buildings and the three (3) storey Clovelly Hotel. The development relates well to the topography of the site, with low walls and landscaping accommodating the change in level across the site. The design of the proposal has considered the existing development and will make a positive contribution to the mixed character of the area.

 

8.4.      Site Planning

 

A site analysis plan was provided with the application. The site has been considered in terms of existing development, views and vegetation. The site is an irregular shape and has frontage to Clovelly Road of 22.55 metres and to Donnellan Circuit of 51.97 metres. This meets Council’s preferred solution for redevelopment having a minimum frontage of 20 metres. The site is an irregular shape, however the applicant has considered this in their proposal and responded accordingly. The building form concentrates bulk along the long frontages of the site to minimise impacts on streetscape and sufficient areas to the front and rear of the development have been retained for planting.

 

The site is a corner allotment and the proposed design addresses both Donnellan Circuit and Clovelly Road frontages with vehicular and pedestrian entries, respectively. Balconies and windows also address both frontages which engage residents with the street and provide passive surveillance. The proposal is satisfactory with regard to site planning.

 

8.5.      Building Setbacks

 

         The front (southern) setback to Clovelly Road is 7.5-11 metres. The subject site is the last allotment on both Clovelly Road and Donnellan Circuit. There is no consistent front building line in this part of Clovelly Road. This is partially due to the change in level between the subject site and adjoining property (Clovelly Hotel) and the separation distance provided by the carpark and driveway entry to the Hotel, which is adjacent, the western boundary of the site. The subdivision pattern and road layout result in the rear boundary of the Hotel site having frontage to Donnellan Circuit. The rear portion of this allotment is heavily vegetated and does not have a defined setback to the street. The front setback provided by the proposal allows adequate area for landscaping to the street and will not result in streetscape or amenity impacts.

 

To the eastern boundary, the average setback to the above ground portion of the building is 3.7 metres, which does not comply with Council’s requirement for an average setback of five (5) metres. The minimum setback to the eastern side is 2.7 metres and does not meet Council’s requirement of a minimum 3.5 metres. The eastern ‘side’ boundary is not a true ‘side’ boundary as it fronts Donnellan Circuit and a landscaped road reserve. As there is no established building alignment to Donnellan Circuit and there are no properties adjoining or opposite this ‘side’ boundary, the non-compliance is not considered to be significant. Adequate landscaped areas are indicated to the eastern setback to preserve the ‘bushy’ appearance of Donnellan Circuit and the amenity of the units. The non-compliance will not result in significant loss of view, overshadowing or privacy impacts.

 

The western side of the building is setback an average of 7.9 metres and meets Council’s control of five (5) metres. The minimum setback to this side is 1.3 metres and does not meet Council’s requirement that no part of the building be closer than 3.5 metres to the boundary. This is not considered to be significant, as the building is largely concealed below the existing ground level of the Clovelly Hotel, with only two stories being visible across the western boundary. The encroachment on the rear setback will not result in significant view loss from surrounding properties, nor overshadowing or loss of existing landscaping.

 

The basement is setback 0-0.8 metres from the western (side) and southern (front) boundaries. The landscaping plan provided indicates that this will not significantly limit the provision of planting to these boundaries and as the encroachment of the basement has no impact in terms of shadowing, views or streetscape this is considered acceptable.

 

The northern (rear) setback of the building (including the basement) ranges between 12.7 and 13.2 metres, having an average of 12.95 metres. The DCP requires that an average rear setback of 8 metres be provided with no part of the building being closer than 6 metres to the boundary. The development meets this requirement. Due to the irregularities of the site, the ‘rear’ boundary adjoins the unimproved rear portion of 379-401 Clovelly Road (Clovelly Hotel). The development will not result in any significant change to the amenity of this property.

 

The development meets the requirements for articulation to all elevations, providing modulation of all wall surfaces to a depth of three metres or more and minimising flat areas of façade to less than ten (10) metres in length. The development is considered satisfactory with regard to the building setback requirements of Council’s Multi-Unit Housing DCP.

 

8.6.      Fences

 

The height of proposed fencing does not meet Council’s preferred solution by up to 600mm due to the topography of the site, which requires staggering of the fence to meet this requirement. In order to achieve a reasonable length of fencing before requiring a step the design has marginally exceeded Council’s recommended 1.2 metre height limit at several points. The site conditions result in a fence that is only one metre high at the elevated end of Clovelly Road, increasing to 1.5 metres with the slope of the street before stepping. The average height of the solid front fencing (1.2 metres) complies with Council’s preferred solutions.

 

The height of proposed fencing is considered reasonable under the circumstances as the fencing design incorporates landscaping. An entry portico projecting from the external wall of the building delineates the main entry to the development from Clovelly Road and provides covered access to mail boxes and the intercom for the development.

 

The embankment walls provided to the sides of the vehicular entry to the development and landscape retaining walls are to be constructed in sandstone for consistency with the boundary fencing and to assist in the articulation of the building ‘base’. A condition of consent requiring this change has been included in the recommendation.

 

The development is considered satisfactory with regard to the objectives for fencing under section 3.5 of the Multi-Unit Housing DCP.

 

8.7.      Landscaping and Private Open Space

 

The development provides 54% (403.65m2) of the site area as landscaping. This exceeds the statutory requirement under clause 31(2) of the RLEP98 of 50% (370.3m2) by 33.35m2. The amount of landscaping over the basement exceeds that permissible under clause 31(3) of the RLEP98, being 50% of the required landscaping, by 58.66m2 (66%).

 

The development does not comply with the standard that controls the amount of landscaping over the basement carparking. The RLEP98 requires that landscaping over basements not exceed 50% of the landscaping requirement. The proposal provides 243.81m2 of landscaped area over the basement. This compares with a requirement for the subject site of 185.15m2. The non-compliance with the basement standard partially arises from the provision of 33m2 of additional landscape area. If this area were not provided, the resulting non-compliance would be approximately 25m2 (or 3% of the site area). It is considered that the benefits in terms of amenity and streetscape of providing increased landscaped area, albeit over the basement, outweigh any impacts of the non-compliance.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 31(3) of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

i.          The proposed development provides in excess of the minimum required landscaped area (total area and un-excavated area) and provides a significant amount of soft landscaping.

ii.         It will not result in any unreasonable adverse impacts on adjoining development in terms of loss of privacy, overshadowing and visual impact;

iii.        It will not detrimentally impact on the amenity of the existing residential development of the area nor will it result in any unreasonable adverse impacts;

iv.        It provides adequate open space areas for private recreation;

v.         It provides high quality landscaped environment for the residents of the development; and

vi.        It is not inconsistent with the character of the streetscape

 

The objective of the landscaping standards is to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes.

 

A soil depth of between two (2) and three (3) metres is proposed over a portion of the basement. This is more than sufficient to sustain a variety of low to medium height plants that will make a contribution in terms of the appearance of the development from the street. The soil depth proposed has minimised impacts of the non-compliance with Council’s standard by providing adequate support for a variety of plant types.

 

         The landscape plan lodged with the application indicates shrubs and trees ranging from 0.5 to 10 metres in height. The compliance of the development with the overall landscaping requirement that 50% of the site be landscaped provides generous areas of open space that can be used for recreational purposes and makes a positive contribution to the streetscape. Many native species have been included in the plan, which will complement the established character of native species to the east and across Donnellan Circuit to the north of the site.

 

The non-compliance with the landscaping over basements standard in RLEP98 will have minimal impacts on the stormwater run off in the area and is considered to make a positive contribution in terms of the streetscape and amenity of the development. The development meets the objectives of the standard despite numeric non-compliance and therefore the SEPP 1 objection may be supported.

 

Council’s Landscape Officer is satisfied with the proposal and has noted several trees that are in poor condition and may be removed, subject to replacement plantings.

 

The development is considered satisfactory with regard to landscaping.

 

8.8.      Privacy

 

The site benefits from the having its main view aspect to the low side of the site (east) and the lack of other developments in its vicinity. This situation is unlikely to change in the future due to the location of the Clovelly Reserve, road reserve and Clovelly Hotel heritage item which surround the site on three sides. There is no other residential development to the east of the site and the development will not impact on privacy in this direction. The western side of the site adjoins the Clovelly Hotel. Only two floors are visible above existing ground level at 379-401 Clovelly Road and the western elevation is comprised of windows to service and other non-habitable areas with minimal windows. The building provides adequate privacy for its residents from patrons of the Clovelly Hotel and likewise will not impact on the operation of the Hotel.

 

To the north, Donnellan Circuit curves and obscures outlook to properties further to the west along Donnellan Circuit. In addition, the building is oriented away from this outlook and towards the view and will not result in privacy impacts on properties to the north and northwest in terms of privacy. The eastern façade of the building faces Clovelly Road. A setback of over 7.5 metres is provided to this boundary, which combined with the width of Clovelly Road provides well over the 10 metres separation required by Council to residential units on the opposite side of Clovelly Road.

 

Donnellan Circuit and Clovelly Road are busy pedestrian and vehicular thoroughfares with people visiting the beach and Clovelly shops. The proposal provides adequate landscaping and the elevation of balconies will assist in maintaining the privacy of occupants from passers-by on Donnellan Circuit. The development will not result in unreasonable privacy impacts for residents despite the building’s prominent location.

 

The development has incorporated features to mitigate privacy impacts and meets Council’s performance requirements and preferred solutions.

 

8.9.      View Sharing

 

The existing dwelling on the site has a ridge height of RL29.1. The proposal has a general roof height of RL30.65, an increase of 1.55 metres. The proposal minimises impacts on surrounding views by being set down into the site, resulting in a two storey volume to the west and a three storey volume to the south (Clovelly Road). The Clovelly Hotel has its main outlook to Clovelly Bay to the northeast. This aspect will not be encroached upon by the development.

 

Upper floor windows of properties across Clovelly Road may lose some district outlook directly north as a result of the increased width of the proposal as compared with the existing dwelling. Major water views of Clovelly Bay to the northeast from these properties will be unaffected. This loss of outlook to the north is considered reasonable in the context of ‘view sharing’ and as the scheme is of a lesser height than the previously approved development.

 

Glazed balustrading has been used on balconies to allow the opportunity for views to be enjoyed from a seated position within the apartments, as well as from the external balcony areas.

 

The development is considered satisfactory with regard to view sharing.

 

8.10.    Solar Access and Energy Efficiency

 

With regard to solar access, the proposal meets the requirements of the DCP maintaining at least 3 hours of midwinter solar access per day to surrounding properties. The layout of the building with a central circulation core to the west allows for the provision of operable windows to habitable rooms and encourages passive ventilation to all units in accordance with ESD principles.

 

The applicant has submitted a NatHERS report of the dwellings in the proposed development, which shows that all dwellings achieve minimum rating of 4.5 stars. These ratings surpass Council’s minimum requirements.

 

The proposal is considered acceptable in relation to solar access and energy efficiency.

 

8.11.    Safety and Security

 

The development meets the requirements of the Multi-Unit Housing DCP with regard to safety and security. The development provides a single point of entry to the development, which is secured by an intercom system. A security grille is also provided to the carparking to ensure that access is limited to residents and legitimate visitors. Two apartments are provided to each level, which reduces the need for long corridors and will assist in promoting a sense of community between future residents. Balconies have been oriented towards both Donnellan Circuit to allow for passive surveillance. The use of large, dense plantings has been restricted, with low shrubs with less dense foliage being used along the street edge. The average height of fencing complies with Council’s requirements and will not result in a reduction of public safety or security around the site.

 

The development meets the safety and security requirements of Council’s Multi-Unit Housing DCP.

 

8.12.    Parking

 

The development meets Council’s requirements with regard to resident and visitor car parking and bicycle parking provision. The driveway width and gradient proposed from Donnellan Circuit meets Council’s requirements. The amended plans lodged on August 9, 2002 indicate a sight line in accordance with Australian Standards. The location of the driveway has allowed for planting to the Donnellan Circuit street edge without resulting in reduced safety. Council’s traffic engineer is satisfied with the quantity, layout and location of parking subject to conditions.

 

The development is considered to be satisfactory with regard to parking provision.

 

9.         CONCLUSION

 

The SEPP 1 objections lodged with respect to the non-compliance with the floor space ratio of the development and area of landscape over basement areas are 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 the area, its proximity to a heritage item and foreshore and the objectives contained within the RLEP98 and the Multi-Unit Housing DCP. The development proposes a building envelope, height and façade treatment that generally meets the criteria and fulfils these objectives.

 

The proposal will not have a significant impact on surrounding properties and the non-compliances with statutory and policy controls will not exacerbate impacts. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.        THAT the Council support the objection under State Environmental Planning Policy No.1 (SEPP No. 1) in respect to non-compliance with Clauses 31(3) and 32(1) of the Randwick Local Environmental Plan 1998 (relating to landscaping over basements and floor space ratio respectively) 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/0552/01 for construction of a residential development comprising 8 dwellings and associated car parking at 403 Clovelly Road, Clovelly, 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 surrounding buildings, including the Clovelly Hotel.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Environment.

 

 

2.         The landscaped areas shown on the landscape plan dated 01.08.2001 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by the Director of Planning and Community Development. The landscape drawings and specifications are to be prepared by a suitably qualified landscape designer with relevant qualifications in landscape architecture or horticulture. The documentation is to include:

 

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

 

h.   The plan shall respect the prevailing coastal influences and the coast's special design considerations and requirements, and shall be designed accordingly. Generally, species selection shall be restricted to local indigenous coastal species.

 

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

 

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

 

3.         The applicant shall submit a landscape design for the Clovelly Road street frontage in accordance with Council’s Urban Design Guidelines for Clovelly. The subject 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 the Director of Asset and Infrastructure Services for approval.

 

            All approved works shall be constructed by the applicant at the applicants cost prior to the issue of the Occupation Certificate.  (Please note: A fee for checking the design and supervision of the works shall be paid to Council which may be up to 20% of the total cost of the works).

 

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 Michael Suttor P/L Architects Job No.9611 and numbered DA-01F, DA-02F, DA-03F, DA-04G, dated 20/04/02 and drawings DA-05G, DA-06G, DA-07F, DA08F dated 23/04/01, stamped received by Council on 09/08/02, and the landscape plan by Annabel Stanton numbered LA01 and stamped received by Council on 29/06/01, 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.         The base of the building, from finished ground level at the Donnellan Circuit elevation to RL22.25 is to be constructed of or faced with sandstone to reduce the visual bulk and apparent height of the Donnellan Circuit elevation.

 

3.         The embankment walls to the vehicular access and landscape retaining walls throughout the development are to be constructed of or faced with sandstone for consistency with the boundary fencing and to contribute to the appearance of the ‘base’ of the building.

 

4.         This consent does not extend to the strata title subdivision in relation to the development. A separate development application must be submitted for any subdivision of the proposed development.

 

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 in 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 $12,550.16. 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 in 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 $5,549.04. 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 in 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 external colours, materials and finishes, and landscaping of the proposed development shall be in accordance with the details and plans submitted to and approved by the Director of Planning & Environment pursuant to the deferred commencement condition.

 

7.         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.

 

8.         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.

 

9.         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.

 

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

 

11.       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.

 

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

 

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

 

14.       Vehicular access to the car parking within the development shall be readily accessible to visitors at all times. Where a security gate is provided restricting access to the basement carparking area, a suitable intercom system shall be installed adjacent to the vehicular entrance together with appropriate signage to provide for access to visitor spaces at all times.

 

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

 

15.       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)       $3000.00           -           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 vehicular crossing deposit may be provided by way of cash or cheque with the Council and is refundable upon the completion of the Council vehicular crossing.

 

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

 

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

 

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

 

a.         Construct a full width heavy duty vehicular crossing in Donnellan Circuit opposite the vehicular entrance to the site.

 

b.         Re-landscape along Donnellan Circuit west of the proposed vehicular access so as to provide satisfactory traffic sight lines in accordance with Aust Standard No 2890.1. This will include construction of retaining walls along the Council nature strip to retain the Council embankment as well as replanting of the embankment to Council’s requirements.

 

c.         Remove all redundant concrete vehicular crossings and laybacks and to reinstate the areas with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

d.         Re-construct the Council kerb and gutter and footpath for the Clovelly Rd site frontage in accordance with Council’s Urban Design Guidelines for Clovelly.

 

(Note – the applicant is to submit the landscape design for the Clovelly Rd street frontage as required by Council’s Landscape Architect (9399 0786) for approval and is to be approved by Council prior to carrying out the civil works.

 

e.         Carry out a full depth, minimum 1.50 metre wide, road construction in front of the kerb and gutter along the Clovelly Road site frontage.

 

17.       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.

 

18.       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.

 

19.       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.

 

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

 

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

 

Clovelly Rd Frontage: 100mm above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

Donnellan Circuit Frontage: 200mm above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

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

 

21.       The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the kerb must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

22.       The above alignment levels have been issued by the Council's Department of Asset & Infrastructure Services at a prescribed fee of $1,163.00 calculated at $17.60 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

23.       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.

 

24.       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.

 

25.       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.

 

26.       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:

 

27.       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 is 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.

 

i)          A drainage plan and longitudinal section with all utility services accurately plotted for this stormwater pipeline must be provided.  It should be noted that notwithstanding the calculations, the minimum pipe diameter acceptable within Council's street system and/or easement is 375mm.

 

28.       All site stormwater leaving the site must be discharged by gravity to the kerb and gutter or drainage system at either site frontage.

 

29.       One covered car washing bay shall be provided for this development.

 

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

 

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

 

A water tap shall be located adjacent to the car washing bay.

 

30.       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.

 

31.       Seepage must be drained directly into an absorption pit or Council's underground drainage system. The applicant shall note compliance with Council's regarding the discharge of seepage water may require the applicant to meet the full cost for Council to extend its stormwater drainage network to a suitable point adjacent to the site.

 

32.       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.

 

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

 

33.       The garbage room areas will have to be designed so as to be able to contain a total of 8 x 240 litre bins (4 garbage bins & 4 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

34.       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.

 

35.       Prior to the credited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the residential development.

 

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

 

36.       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.

 

37.       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.

 

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

 

Tree Management

 

39.       The applicant shall submit payment of $440.00 to Council,

 

a.         Being the cost for Council to supply and install 2 x 75 litre street trees at the completion of all works.

 

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.

 

40.       Approval is granted for the removal of the following trees subject to the planting of 5 x 75litre broad canopied replacement trees (not palms) within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.   One (1) Metrosideros excelsa ‘Variegata’ (New Zealand X-mas Bush) located along the western boundary of the site.

 

b.   Three (3) Archontophoenix alexandrae (Alexandra Palms) located along the western boundary of the site.

 

c.   One (1) Tree (species undetermined) located along the western boundary of the site.

 

41.       Approval is granted for the removal of all vegetation on the landscaped embankment immediately adjacent to the development site, along the Donellan Circuit frontage and in a 5 metre band from the property boundary up to the Clovelly Road frontage.

 

         The applicant shall submit a landscape plan to Council’s Landscape Architect for the embankment areas at a scale of 1:100 or 1:200 indicating the location of all proposed planting. All plants are to be drawn at their mature size with a dense planting of small trees (that will attain a maximum height of 3 metres at maturity), shrubs, accent plants and ground covers within all embankment areas so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers. Additional notation is required showing soil and mulch details, edging, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

Note: a retaining wall is to be constructed along the traffic sight line, west of the vehicular access in Donnellan Circuit, to approximately in line with the western side boundary of the site. Details, including finish and height, are to be shown on the landscape plan submitted to Council’s Landscape Architect.

 

            The applicant shall contact Council’s Tree Management Officer, Bryan Bourke on 9399 0609 to discuss suitable species for planting within this area.

 

            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.

 

42.       A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $8,000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

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

 

43.       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:

 

44.       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:

 

45.       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.

 

46.       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:

 

47.       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.

 

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

 

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

 

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

 

49.       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.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       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.

 

55.       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. 

 

56.       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.

 

57.       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.

 

58.       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

 

59.       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.

 

60.       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.

 

61.       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.

 

62.       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.

 

63.       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.

 

64.       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.

 

65.       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”.

 

66.       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.

 

67.       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.

 

68.       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.

 

69.       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.

 

70.       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.

 

71.       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.

 

72.       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:

 

73.       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.

 

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

STUART HARDING

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

WILLANA ASSOCIATES

 

 

 

 

 

 











 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

28 October, 2002

FILE NO:

66/2002

 

PROPOSAL:

 Section 96 Application - Alterations and additions to Randwick Girls High School Administration Building

PROPERTY:

 298, 320 and 346 Avoca Street, Randwick. (Randwick Boys and Girls High School)

WARD:

 West Ward

APPLICANT:

 NSW Department of Public Works and Services.

 

 

 

 

 

 

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 estimated cost of the development is $5,300,000. 

 

Council approved the original development application and Master Plan on 30 April 2002 permitting upgrading of existing facilities at Randwick Boys and Girls School. 

 

The Section 96 application seeks approval to modify the northern and eastern sides of the existing Randwick Girls High School administration building located on the corner of Barker and Avoca Streets.   The proposed addition will provide for a total of 230m2, is single storey and will comprise the student reception, meeting room, Principal’s office and administration offices. 

 

The proposed development will not adversely impact upon the amenity of the nearby residential premises or the Barker and Avoca Street streetscapes. 

 

The proposed development constitutes Crown development and as such concurrence must be given to the recommended conditions of the consent for the Section 96 Application.  The recommended conditions have been agreed to by the applicant.  

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The Section 96 application proposes to modify the development consent for the redevelopment of the Randwick Boys and Girls School.  The modification relates to alterations and additions to the existing Randwick Girls High School administration building, located on the cnr of Avoca and Barker Streets. 

 

It is proposed to provide a new single storey addition totalling 230m2 on the northern and eastern sides of the administration building.   The proposed addition will comprise the student reception, meeting room, Principal’s office and administration offices.

 

The applicant has advised that the changes are required to improve functionality and access to the administration building by disabled persons. 

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

Randwick Boys and Randwick Girls High School are located on the western side of Avoca Street, with the site bounded to the south by Rainbow Street and to the north by Barker Street.  The Girls School is located on the northern component of the site (cnr. Avoca and Barker Street ), while the Boys School is located to the south (cnr. Avoca and Rainbow Street).  The site is bounded to the west by the New Market Stables.

 

The greater site has a total site area of 69,500m2 and is owned by the NSW Department of Education and Training. 

 

Vehicular access to the site is currently gained via entry to the Boy’s School car park from Avoca Street (near the Rainbow Street intersection), and to the Girl’s School via an internal access road from Barker Street.  Pedestrian Access to the school ovals (located centrally to the site) is also gained via existing entry points in all street frontages.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

At the Extraordinary Council Meeting held on 30 April 2002, Council approved development application No. 66/2002 and Master Plan No. 3/02 to permit the upgrading of existing facilities at the Randwick Girls and Boys School.  The approved work includes refurbishment of existing accommodation and construction of new learning facilities, reconstruction of existing sports ovals, additional landscaping and additional on-site car parking facilities.

 

The key components of the proposed re-development include:-

 

·      A new shared building accommodating senior studies, multimedia learning unit, performance learning unit, toilet facilities, change rooms, staff studies, cleaners room, and external tiered seating and sculpture podium.

·      Alterations and additions to existing buildings in both schools.

·      Re-orientation and sizing of existing sports ovals.

·      New central courtyard for both schools from Avoca Street.

·      New internal street linking both schools.

·      Additional on-site staff car parking.

·      Relocation of existing staff parking in the Boy’s school.

·      Additional landscaping, fencing and entry gates along Avoca Street.

 

5.    COMMUNITY CONSULTATION:

 

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

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Engineering Issues

 

The modification to the development consent relates to the Girls’ School and a single storey alteration and addition of 230m sq to the existing administration building.

 

The EPCD Department is advised that the Landscape Comments and Condition No’s 38 & 39 of this report are the only comments/conditions which deal directly with the Section 96 application and should be added to any approval.

 

6.2  Landscape Issues

 

There are 27 Trees located within the area affected by the proposed additional works within Randwick Girls High School that have been identified in the tree report written by Anthony Popovich of Landscape Design Group in relation to the above site.

 

This tree report, in conjunction with the survey plan, identifies all trees by number and details the appropriate action required in relation to each tree.

 

It is recommended that the applicant be advised to carry out all tree pruning, removal and protection measures as detailed in the submitted tree report with the exception of Tree No. 20, Eucalyptus citriodora (Lemon Scented Gum). This tree is a significant specimen, approximately 15 metres tall and covered by Council’s Tree Preservation Order. Both Council’s Tree Management Officer and Landscape Technician consider this tree to be worthy of retention. As such this tree should be retained and protected as part of this application and the applicant should be requested to amend the proposed Landscape Plan accordingly.

 

6.3  Traffic/Parking Issues

 

The EPCD Department is also advised that the additional 230 sq/m will not alter Council’s Traffic Comments as it does not result in additional staff or student numbers.

 

7.    MASTER PLANNING REQUIREMENTS

 

The Section 96 Modification application is considered to be consistent with the approved Master Plan for the site. 

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The subject site is zoned Special Uses 5 under the Randwick Local Environmental Plan 1998 and the existing school usage is permissible with the consent of Council. No development standards from the LEP are relevant to the subject applications. However, the aims and objectives of the RLEP 1998 and DCP - Parking has been used to evaluate the performance of the  Section 96 Application. 

 

5.1.       RLEP 1998 - Aims and Objectives

 

·          Clause 17 - Zone No 5 (Special Uses Zone)

 

Objectives of the Zone:

 

(a)        To accommodate development by public authorities on publicly owned land.

 

The proposed Section 96 works to Randwick Girls High Schools are consistent with this objective.

 

(b)        To accommodate development for educational, religious, public transport or similar purposes on both publicly and privately owned land.

 

The proposed Section 96 works to Randwick Girls High Schools are consistent with this objective.

 

9.    SECTION 96 AMENDMENT

 

9.1   Substantially the same

The proposed development is considered to be substantially the same development under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended.

 

9.2   Consideration of submissions

 

Submissions were not received by Council during the notification and advertising period of the application. 

 

10.  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.

 

10.1   Urban Design and Design Philosophy

 

The approved development application for the existing Girls and Boys schools seeks to create an appropriate building design that responds to and enhances the existing school environment. The Master plan also seeks to reinforce and define existing circulation throughout the site and create new pedestrian links between the Boys and Girls schools and Avoca Street through paved paths and associated landscaping.

 

The siting and orientation of the proposed addition to the administration building has been designed to improve functionality and access to the administration building by disabled persons. 

 

The proposed new additions are compatible in scale and design to the existing administration building. The proposed building form and exterior material treatment have been selected to reflect the intended purpose of the building as an educational facility whilst responding to open space and relationship to adjacent buildings. 

 

The proposed height of the new addition to administration building is considered acceptable in the context of the existing and adjoining buildings.  The proposed addition will be visible from both the Barker and Avoca Street, however, due to the modest scale and form of the additions, the proposed additions will not be obtrusive or dominant in the streetscape.

 

The proposed FSR and site coverage for the greater site will be marginally increased by the proposed development, although the proposal will maintain landscaping within the setbacks to soften the appearance of the additions when viewed from surrounding properties and streets.

 

10.2   Impact on adjoining development

             

The site inspection revealed that there are residential properties located on the eastern side of Avoca Street within the vicinity of the premises. 

 

The proposed amendment to the Girls School administration building will not result in the construction of a building which will overlook adjoining residential properties.  Also, the additions are single storey in scale and accordingly will not block any existing significant views or cause excessive additional overshadowing.

 

10.3 Parking

 

The additional 230 sq/m will not require additional parking provision as the proposal does not result in additional staff or student numbers.

 

11.  CONCLUSION

 

The proposed Section 96 application for the Girls School will not result in significant amenity impacts on surrounding residential properties or the immediate locality. The proposed additions are also considered to be compatible in bulk and scale to the existing building and will not result in an adverse impact upon the streetscape. 

 

The proposed development is considered to be substantially the same development. It is recommended that the Section 96 Modification applications for alterations and additions to the existing administration building be approved, subject to relevant conditions.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 66/2002 at 298 and 320 – 346 Avoca Street, Randwick, (Randwick Girls and Boys Schools) in the following manner:

 

·         Amend Condition No. 2  read:

 

2.         The development must be implemented substantially in accordance with the plans numbered DA01-18, dated 22 January 2002 and received by Council on 25 January 2002, as amended by the Section 96 plans Sheet No. Ran03, dated 30.10.02 and received by Council on 5 September 2002, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

Add the following conditions:

 

Tree Management

 

59.       Approval is granted for the removal of the following trees as listed in the Memorandum dated 30th July 2002 and the Landscape Plan submitted by Anthony Popovich of Landscape Design Group.

 

a) Trees numbered 2, 5, 7-13, 15-19, 22-23 and 25-17.

 

Tree Protection Measures

 

60.       In order to ensure the retention of the Trees numbered 1, 3-4, 6, 14, 20-21 and 24 as listed in the Memorandum dated 30th July 2002 and the Landscape Plan submitted by Anthony Popovich of Landscape Design Group in good health, the following measures are to be undertaken:

 

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

 

b.         Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show no alteration in the existing soil levels or the location of any structures, services, footings, paving, detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile, or any excavations within a radius of 1.5 metres from the outside edge of the tree trunk of Tree No.20, Eucalyptus citriodora (Lemon Scented Gum).

 

c.         The Trees numbered 1, 3, 6 and 20 are to be physically protected by the installation of protective  fencing around the trees using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located to a minimum radius of 1 metre from the outside edge of the tree trunks.

 

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

 

d.         Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area, no stockpiling of soil or rubble, or any works listed in Point b.

 

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

 

e.         Any excavations required for footings, structures, retaining walls, basement carparks, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 5 metres of the tree trunk of Tree No.20, Eucalyptus citriodora (Lemon Scented Gum) shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist. Footings shall be located to avoid all roots greater than 30mm in diameter.

 

f.          The foundations for the proposed works shall be of pier and beam construction.

 

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

 

h.         Watering of the trees (within the fenced off areas) three times a week for the duration of the construction period.

 

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

 

j.          A refundable deposit in the form of cash or cheque of $8,800.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the  preservation of the tree in accordance with the requirements described in this condition.

 

 

  QUANTITY

 

        SPECIES       

 

   AMOUNT

 

1

 

Eucalyptus citriodora

(Lemon Scented Gum)

 

 

$8,800.00

 

 

 

TOTAL

 

$8,800.00

 

The refundable deposit is placed to ensure that the tree protection measures as described in this condition are undertaken throughout the demolition and construction period. The refundable deposit will be released twelve (12) months from the time of issue of a final occupation certificate by the certifying authority providing the tree protection measures (including amendments to the plans) have been undertaken throughout the demolition and construction period and the tree has been retained in good health.

 

Any contravention of Council's conditions relating to the tree at any time during the demolition and construction period or prior to the issue of a final occupation certificate will result in the Council claiming all of the lodged security.

 

ATTACHMENT/S:

 

A4 Attachments

 

………………………………

………………………………

SIMA TRUUVERT

MARNIE STEWART

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT OFFICER

 


 

Director Planning & Community Development's Report 81/2002

 

 

SUBJECT:

707-745 ANZAC PARADE, MAROUBRA (MAROUBRA MALL)

 

 

DATE:

1 November, 2002

FILE NO:

DA255/02

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

INTRODUCTION:

 

The Planning Consultant assessing the  Development Application No. 255/02 for Maroubra Mall was unable to finalise this report prior to the deadline for the November Health, Building and Planning Committee meeting.

 

CONCLUSION:

 

The report will be circulated to Councillors and all interested parties as soon as practicable and, in any event, prior to the meeting.

 

RECOMMENDATION:

 

That Council consider the recommendation in the report on 707-745 Anzac Parade, Maroubra (Maroubra Mall) submitted by the Planning Consultants.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

SIMA TRUUVERT

KERRY KYRIACOU

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

MANAGER DEVELOPMENT ASSESSMENT

 

 

 

 

 

 


 

Director Planning & Community Development's Report 79/2002

 

 

SUBJECT:

Use of State Environmental Planning Policy (SEPP) No. 1 in Development Applications - Update for first quarter of 2002/03 Financial Year

 

 

DATE:

21 October, 2002

FILE NO:

98/S/3412

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT    

 

INTRODUCTION:

 

At its meeting of 23 July, 2002 Council resolved that statistics be kept on the number of SEPP 1 applications submitted to Council and the number of these applications approved or refused.

 

The purpose of this report is to provide an update on the number of DAs with SEPP 1 variations approved by Council in the first quarter of the 2002/03 financial year (between July 1 and September 30, 2002). This report provides information on the clauses varied, the zonings within which variations occurred and the type of developments which triggered variation to Randwick LEP development standards. A comparison is also provided on the number of applications with SEPP 1 variations approved relative to the total number of Development Applications processed.

 

SEPP 1 FIGURES:

 

Between 1 July, 2002 and 30 September, 2002 Council approved 11 Development Applications which included SEPP 1 variations. Overall Council determined 324 Development Applications during this period. Accordingly the approvals with SEPP 1 variations represented 3.39% of the total applications processed during this period.

 

Of the 11 approvals 8 related to Multi Unit Housing, 1 to a new mixed use development, 1 to an attached dual occupancy building, and 1 to the conversion of a ground floor shop in a 2A zone to a residence. 9 applications were approved under delegated authority, 1 was approved by the Health Building and Planning Committee and 1 was approved by Council.

 

The approvals were predominantly in residential zonings with 2 approvals in the 2A zone, 4 approvals in the 2B zone, 4 in 2C.  1 approval was granted in the 3A zone. The approval in the 3A zone related to a mixed use development at 803 Anzac Pde Maroubra. The 2 approvals in the 2A zone related to an attached dual occupancy development and a conversion of a shop to a residence. All the developments with SEPP 1 variations approved in the 2B and 2C zones were for Multi Unit Houses.

 

The variations related to the following clauses of Randwick LEP 1998:

·          Clause 31(2) – Landscaping in 2B/2C zones

·          Clause 31(3) – Landscaping over podium areas

·          Clause 32(1) – FSR in 2A/2B/2C

·          Clause 32(2) – Floor Space Ratio in 2C zone where site area < 700sqm

·          Clause 32(3) – Floor Space Ratio in 3A/3B zones

·          Clause 33(3) – External Wall Height in 2A/2B zones

·          Clause 33(4) – External Wall Height in 2C

·          Clause 33(5) – Building Height in 3A/3B zones

 

Variations to development standard clauses were generally relatively small such as DA 02/455 for 159 Arden St, Coogee which varied the 50% landscaping requirement for Multi Unit Housing by 1sqm and  DA 02/478 for 82 Dudley St, Coogee which added an additional 8sqm of floor area to an existing building through the enclosure of a balcony. Both these applications were approved under delegation.

 

2 approvals permitted more significant variations to FSR due to the nature of the design of the development in question or its context. DA 02/247 for 134 Brook Street, Coogee varied the FSR from the 0.65:1 requirement to 0.967:1 given the infill development’s compatibility in bulk and scale with the adjoining buildings in the immediate streetscape. It was assessed that there were no unreasonable adverse amenity impacts by way of overshadowing, loss of privacy or view to adjoining or nearby properties.

 

A similar level of FSR variation occurred in DA 01/1167 for the construction of a Multi Unit Housing Development on 70 Yorktown Pde in Maroubra. This application varied the 0.65:1 requirement to 0.839:1. This variation resulted from the use of roof space for loft bedrooms, which neither affected the height of the building nor its bulk or scale. No external windows were proposed as natural light was gained from skylights. The additional floorspace therefore had no significant effect on the external appearance of the building.

 

CONCLUSION:

 

During the first quarter of the 2002/03 financial year there were 11 development applications approved which included SEPP 1 variations to development standards. These variations related to landscaping, height and FSR requirements in Randwick LEP 1998. All variations were assessed to be well founded given the circumstances of each case.

 

Relative to the total number of DAs determined by Council during this period the number of DAs with SEPP 1 objections approved was small, representing a little over 3% of the total applications determined. This proportion of applications with SEPP 1 variations approved is generally consistent with results for the past 2 financial years reported to Council in July.

 

RECOMMENDATION:

 

It is recommended that the Health, Building & Planning Committee receive and note this report.

 

 

ATTACHMENTS:

 

Nil

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DOMINIK SWIERK

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

STUDENT PLANNER

 

 

 


 

Director Planning & Community Development's Report 80/2002

 

 

SUBJECT:

Draft Community Plan of Management for a proposed National Park on Malabar Headland

 

 

DATE:

31 October, 2002

FILE NO:

98/S/0975

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT      

 

INTRODUCTION:

 

A draft Community Plan of Management has been prepared by the Friends of Malabar Headland Community Group (FoMH)for a proposed National Park on Malabar Headland. The purpose of the plan is to inform the community about the ecological significance, natural beauty and cultural values of the headland. The plan also seeks to promote discussion in the community about the future of the headland.

 

The plan establishes a set of key recommendations (see attachment 1) under the headings of Administration and Management, Preservation of Indigenous Flora and Fauna, Conservation and Rehabilitation of Cultural Sites, Remediation of Contaminated Land and Water and Community Access for Multiple Use Recreation. A set of actions and responsibilities are also established in the plan under these headings.

 

The plan has been reviewed by Council Officers and a submission forwarded to FoMH (see attachment 2). The purpose of this report is to outline the issues identified by Council Officers and seek the endorsement from the Health Building and Planning Committee on the submission forwarded to FoMH.

 

ISSUES:

 

Following a review of the Plan of Management Council Officers have identified the following matters in relation to the draft plan.

 

·    The document identifies future land holders and their possible future responsibilities but omits to confirm whether these future land holders concur with the responsibilities assigned to them. This may mislead some readers of the document to think that NPWS, Randwick Council and other authorities mentioned have agreed to certain responsibilities. The document should provide a table clearly identifying possible future landholders and their responsibilities and state that this is not yet an agreed arrangement. It would also be useful for the management plan to identify the failings of the current landowners in terms of management of the headland.

·    Council concurs with the flora conservation values identified in the plan, confirms the accuracy of this data and agrees with the management issues identified.

 

·    The issues, conclusions and recommendations of the document are somewhat scattered throughout sections 1, 2, 3, 4 and 5. It would be worthwhile if all the issues where brought together in one chapter. Furthermore it would be useful if the objectives of the document were provided at the beginning of the document.

 

·    Map 2 is inconsistent with Council’s bushland mapping in identifying the location of other bushland remnants in the Randwick Local Government Area. Council officers are available to assist in appropriately identifying the bushland areas.

 

·    Map 3b does not move any of the current lot boundaries. This results in some bushland areas being located outside of the ‘8’ (National Park) zoning. It would be worthwhile to identify changes to the lot boundaries to include all bushland remnants into the ‘8’ zone, as per Council’s draft LEP.

 

·    On page 16, in section 2.3.3  ‘Listing of Other Instruments’ and under the sub heading ‘State Instruments’ reference is made to the Department of Planning Circular C10 – Planning in Fire Prone Areas. It is noted that this Circular has been replaced by Planning for Bushfire Protection – A guide for Councils, Planners, Fire Authorities, Developers and Home Owners 2002.

 

·    Section 2.2 of the document refers to Sydney Regional Environmental Plan 14. It should be noted that the provisions of this instrument have been incorporated into Randwick Local Environmental Plan 1998. Accordingly the current zoning of the headland outlined in Table 1 is zoned under the Randwick LEP and not SREP 14. It is recommended, however, that the zonings listed under this heading be made consistent with Council’s draft LEP amendment.

 

CONCLUSION:

 

Randwick Council shares a common goal with FoMH in that it is committed to the future public ownership of Malabar Headland, public access, conservation of the significant environmental elements, and the appropriate management of the former landfill site.

 

Upon review of the draft plan it is apparent that the FoMH have invested considerable resources in to its production. This effort is highly commendable. A review of the draft plan by Council Officers has identified some matters for consideration which have been forwarded to FoMH (attachment 2).

 

RECOMMENDATION:

 

1.         That the Health Building and Planning Committee resolves to endorse the principles of the Draft Community Plan of Management for Malabar Headland and the comments provided by Council Officers.

 

2.         That the Council writes to Friends of Malabar Headland (FoMH) commending them on the production of the draft plan and advising them of the committee’s endorsement.

 

ATTACHMENTS:

 

1.         Key Recommendations of Draft Community Plan of Management

2.         Submission to Friends of Malabar on Draft Community Plan of Management    

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DOMINIK SWIERK

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

STUDENT PLANNER

 

 

 

 

 

 






 

Director Planning & Community Development's Report 82/2002

 

 

SUBJECT:

DONCASTER VILLAGE MASTER PLAN - 240-268 ANZAC PARADE & 101-105 DONCASTER AVENUE, KENSINGTON

 

 

DATE:

1 November, 2002

FILE NO:

98/S/3815 xr 98/S/4330

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

INTRODUCTION:

 

The Planning Consultant assessing the  Development Application for Doncaster Plaza was unable to finalise this report prior to the deadline for the November Health, Building and Planning Committee meeting.

 

CONCLUSION:

 

The report will be circulated to Councillors and all interested parties as soon as practicable and, in any event, prior to the meeting.

 

RECOMMENDATION:

 

That Council consider the recommendation in the report on the Doncaster Village Master Plan – 240-268 Anzac Parade & 101-105 Doncaster Avenue Kensington submitted by the Planning Consultants.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

SIMA TRUUVERT

KERRY KYRIACOU

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

MANAGER DEVELOPMENT ASSESSMENT