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

 

13th December, 2002

 

 

EXTRAORDINARY COUNCIL MEETING

 

 

NOTICE IS HEREBY GIVEN THAT AN EXTRAORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 17TH DECEMBER, 2002 AT 6:00 P.M.

 

 

1           Apologies

 

2           Minutes

 

3           Addresses to the Council by the Public

 

4           Mayoral Minutes

 

4.1                      

MAYOR'S MINUTE 85/2002 - CLOVELLY ROAD, CLOVELLY PEDESTRIAN CONDITIONS AT CLOVELLY RSL.

2

 

4.2                      

MAYOR'S MINUTE 86/2002 - WAIVING OF 4 HOUR PARKING RESTRICTIONS - MAROUBRA BEACH CAR PARK.

4

 

 

5           Director Assets & Infrastructure Services' Reports

 

5.1                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 149/2002 - BRUCE STREET, KINGSFORD - PROPOSED 2P PERIOD PARKING.

6

 

5.2                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 150/2002 - BUS SEATS.

13

 

5.3                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 151/2002 - PUBLIC DRINKING RESTRICTIONS IN EAST WARD PARKS AND RESERVES.

16

 

5.4                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 152/2002 - SAND FENCING CONTRACT.

20

 

5.5                      

DIRECTOR ASSET & INFRASTRUCTURE SERVICES' REPORT 153/2002 - 32 BEACH STREET, COOGEE - DRAINAGE PROBLEMS.

24

 


 

6           Director Planning & Community Development's Reports

 

6.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 113/2002 - 8 PINE STREET, RANDWICK(DEFERRED)

33

 

6.2                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 114/2002 - 1-13 FRIENDSHIP ROAD, MOLINEUX POINT.

101

 

6.3                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 115/2002 - 1430 ANZAC PARADE,  LITTLE BAY.

138

 

6.4                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 116/2002 - 221 - 227 ANZAC PARADE, KENSINGTON.

172

 

6.5                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 117/2002 - 76 - 82 ANZAC PARADE, KENSINGTON.

235

 

6.6                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 118/2002 - 347 CLOVELLY ROAD, CLOVELLY.

322

 

6.7                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 119/2002 - MATRAVILLE TOWN CENTRE - PLANNING/DESIGN REVIEW.

328

 

6.8                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 120/2002 - 88 PEROUSE ROAD, RANDWICK.

342

 

6.9                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 121/2002 - 390-396 ANZAC PARADE, KINGSFORD.

351

 

 

7           Rescission Motion

 

7.1                        

Notice Of Rescission Motion By Councillors Matson, Greenwood And Whitehead – Ordinary Council Meeting, Tuesday, 10th December, 2002 – Item  8.4 - Director Planning & Community Development's Report 103/2002 – 194R Alison Road, Randwick. (Southern Portion Of Alison Park.)

418

 

8           Confidential Report

 

8.1              MAYOR’S MINUTE 87/2002 – APPOINTMENT OF GENERAL MANAGER.  (the report on this matter will be circulated prior to the meeting.)

 

9           Committee-of-the-Whole

 

10         Report of the Committee-of-the-Whole

 

11         Notice of Rescission Motions

 

 

 

 

………………………….

GENERAL MANAGER


 

MAYOR'S MINUTE 85/2002 

 

 

 

SUBJECT:

CLOVELLY ROAD, CLOVELLY PEDESTRIAN CONDITIONS AT CLOVELLY RSL.

 

 

DATE:

11 December, 2002

FILE NO:

R/0191/02

 

 

 

REPORT BY:            MAYOR      

 

INTRODUCTION:

 

I have received representations from the President of The Clovelly RSL and Air Force Club Ltd regarding adverse pedestrian conditions in Clovelly Road in front of the club.

 

This item was considered at the November 2002 Traffic Committee Meeting. A petition accompanies the letter.

 

ISSUES:

 

The concern relates to elderly members experiencing difficulty crossing Clovelly Road to access the bus stop, which is located directly opposite the club. A number of options have been investigated.

 

It would not be possible to install a marked footcrossing, as the location does not meet the warrant for such a device as established by the Roads and Traffic Authority. 

 

The installation of a pedestrian refuge would also cause difficulties as it requires statutory ‘No Stopping’ on approach and departures to the facility which would result in a loss of parking and possible bus stop relocation/modification. It will also result in the loss of a drop off/pick up zone for patrons currently provided in front of the club. This area also serves for deliveries to the club.

 

 

The traffic committee discussed the possibility of installing a painted median island with associated chevron markings and raised pavement markers however the Police representative did not support the installation of a linemarked median island as it did not  provide a safe environment.

 

CONCLUSION:

 

The possible location of a pedestrian refuge should be discussed with the Club President, as it will have an impact on existing kerbside parking arrangements in front of the club.       

 

RECOMMENDATION:

 

THAT a plan detailing options for a pedestrian refuge and the accompanying loss of parking be referred to a future traffic committee meeting.

 

ATTACHMENT/S:

 

UNDER SEPARATE COVER

Correspondence from RSL and Air Force Club 

 

 

 

 

 

 

………………………………

………………………………

DOMINIC SULLIVAN

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 86/2002

 

 

SUBJECT:

WAIVING OF 4 HOUR PARKING RESTRICTIONS - MAROUBRA BEACH CAR PARK

 

 

DATE:

10 December, 2002

FILE NO:

98/s/1411 Pt 4

 

 

 

REPORT BY:            MAYOR  

 

INTRODUCTION:

 

The Secretary of the Maroubra Surf Life Saving Club Inc, Mr. Brian Purdon, has written to Council seeking to lift the 4-hour parking restrictions in the Maroubra Beach Car Park for their Inter Cities Championships on 22nd February 2003.  He has also requested that in order to overcome parking problems that Byrne Reserve and /or Broadarrow Reserve also be made available for parking.

 

ISSUES:

 

Mr Purdon has advised that there will be an immense number of competitors and officials attending the beach on the day.  The request is not an unreasonable one given the circumstances and is considered that the lifting of the 4 hour parking restrictions should be approved. 

 

In relation to parking within Byrne Reserve and Broadarrow Reserve it is considered that only the overflow parking in Byrne Reserve should be made available for people associated with this event and Broadarrow Reserve generally be made available for parking on this day only subject to the club undertaking to provide parking marshals to ensure the orderly and efficient parking of vehicles within those areas.

 

CONCLUSION:

 

In accordance with advice received from the Secretary of the Maroubra Surf Life Saving Club Inc. it is expected that a significant number of motor vehicles will be within the area and that the request to use Broadarrow Reserve and part of Byrne Reserve for motor vehicle parking is not unreasonable and be should be approved.

 

RECOMMENDATION:

 

That

 

1.       Council lift the 4-hour parking restrictions in the Maroubra Beach car park for the Inter Cities Championship Carnival to be held on 22nd February 2002

 

2.       the request to use Broadarrow Reserve and part of Byrne Reserve for motor vehicle parking be approved subject to marshals being engaged to ensure the orderly and efficient parking of vehicles within those areas.

 

ATTACHMENT/S:

 

NIL

 

 

 

 

………………………………

 

DOMINIC SULLIVAN

 

MAYOR

 

 

 

 

 

 

 


 

Director Asset & Infrastructure Services' Report 149/2002

 

 

SUBJECT:

BRUCE STREET, KINGSFORD - PROPOSED 2P PERIOD PARKING

 

 

DATE:

10 December, 2002

FILE NO:

R/0124/02

 

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES    

 

INTRODUCTION:

 

At the Traffic Committee meeting held on 10 September 2002, the following was recommended that:

 

1.   The residents of Bruce Street and nearby businesses be surveyed on the proposal to introduce:

 

a.   ‘2P 8.30am – 6.00pm Mon-Fri; 8.30am – 12.30pm Sat’ signs on the eastern side of Bruce Street in the angle parking spaces between Gardeners Road and Gardeners Lane.

 

b.   ‘2P 9.00am – 3.00pm signs on the western side of Bruce Street in the angle parking spaces north of Gardeners Lane (opposite).

 

2.   The missing ‘1P 8.30am – 6.00pm Mon-Fri; 8.30am – 12.30pm Sat’ signs be replaced on the western side of Bruce Street between Gardeners Road and the first driveway.

 

3.   The existing ‘15 Minute P 8.00am – 9.00am; 3.00pm – 4.00pm School Days’ zone on the western side of Bruce Street be extended to the northern end of the angle parking area outside the church property.

 

4.   The RTA be requested to advise of the status of the implementation of a ‘40 km/h School Zone’ in Bruce Street and Gardeners Road, Kingsford for St Spyridon’s Primary School.

 

Council when considering this report at its meeting held on 8 October 2002, resolved that:

 

1.   The residents of Bruce Street and nearby businesses be surveyed on the proposal to introduce:

 

a.   ‘2P 8.30am – 6.00pm Mon-Fri; 8.30am – 12.30pm Sat’ signs on the eastern side of Bruce Street in the angle parking spaces between Gardeners Road and Gardeners Lane.

 

b.   ‘2P 9.00am – 3.00pm signs on the western side of Bruce Street in the angle parking spaces north of Gardeners Lane (opposite).

 

2.   The missing ‘1P 8.30am – 6.00pm Mon-Fri; 8.30am – 12.30pm Sat’ signs be replaced on the western side of Bruce Street between Gardeners Road and the first driveway;

 

3.   The existing ‘15 Minute P 8.00am – 9.00am; 3.00pm – 4.00pm School Days’ zone on the western side of Bruce Street be extended to the northern end of the angle parking area outside the church property, and the parking time limit be restricted to one hour at all other times; and

 

4.   The RTA be requested to advise of the status of the implementation of a ‘40 km/h School Zone’ in Bruce Street and Gardeners Road, Kingsford for St Spyridon’s Primary School.”

 

ISSUES:

 

Since Council’s resolution is different from the Traffic Committee recommendation, the NSW Police Service have advised that they do not support Council’s resolution as it will have an adverse effect on local amenity of the area by creating unnecessary difficulties for businesses and locals during business hours, outside of the hours used for the drop-off and pick-up of school children.  The blanket one hour parking limit at other times, as well as being in conflict with the intention of 1(b) of the above resolution also creates enforcement problems that may set an undesirable precedent state-wide.

 

Therefore the NSW Police Service have exercised their right of appeal under section 1.5.4 of the RTA Guidelines for Traffic Facilities and requests Randwick City Council suspend progress of the proposal.

 

As a result of the appeal, the item was reconsidered at the December 10 Traffic Committee meeting.

 

CONCLUSION:

 

The Traffic Committee reindorsed its previous recommendation and supported the Police concerns that the 24-hour restrictions would be impossible to enforce and were not appropriate.

 

Furthermore the residents of Bruce Street and nearby businesses should be be surveyed on the proposal to introduce period parking restrictions during business hours, out of school drop off and pick up times in the angled parking area on the western side of Bruce Street as it will impact on available parking during the day.

 

RECOMMENDATION:

 

1.   The residents of Bruce Street and nearby businesses be surveyed on the proposal to introduce:

 

a.   ‘2P 8.30am – 6.00pm Mon-Fri; 8.30am – 12.30pm Sat’ signs on the eastern side of Bruce Street in the angle parking spaces between Gardeners Road and Gardeners Lane.

 

b.   ‘2P 9.00am – 3.00pm signs on the western side of Bruce Street in the angle parking spaces north of Gardeners Lane (opposite).

 

2.   The missing ‘1P 8.30am – 6.00pm Mon-Fri; 8.30am – 12.30pm Sat’ signs be replaced on the western side of Bruce Street between Gardeners Road and the first driveway.

 

3.   The existing ‘15 Minute P 8.00am – 9.00am; 3.00pm – 4.00pm School Days’ zone on the western side of Bruce Street be extended to the northern end of the angle parking area outside the church property.

 

4.   The RTA be requested to advise of the status of the implementation of a ‘40 km/h School Zone’ in Bruce Street and Gardeners Road, Kingsford for St Spyridon’s Primary School.

 

 

ATTACHMENT/S:

 

Copy of Report to Works Committee on 8 October 2002

 

 

 

………………………………

………………………………

MICK SAVAGE

JASON SCOUFIS

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

TRAFFIC ENGINEER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Director Asset & Infrastructure Services' Report 113/2002

 

 

SUBJECT:

BRUCE STREET, KINGSFORD - PROPOSED 2P PERIOD PARKING

 

 

DATE:

19 September, 2002

FILE NO:

R/0124/02

 

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES  

 

INTRODUCTION:

 

The Mayor has received representations from St Spyridon’s Greek Orthodox Parish, Kingsford regarding their concern about adverse parking and traffic conditions in Bruce Street, Kingsford in the vicinity of their property.

 

Council has recently completed the construction of a section of angle parking in Bruce Street generally between Gardeners Road and just north of Gardeners Lane.  The Randwick Traffic Committee supported the proposal in May 1999.

 

ISSUES

 

The Randwick Traffic Committee at its meeting held on 10 September 2002 considered a request from St Spyridon Parish and Primary School regarding the provision of 2 hour restricted parking signs in the new angled car spaces in Bruce Street.  An extract of the report considered by the Traffic Committee is shown below:

 

“History

 

In August 1999, the Committee considered complaints from businesses in the vicinity of Gardeners Road and Bruce Street and recommended that

 

·    “No Standing” and “Truck Zone 9.00am-4.00pm Mon-Sat” areas be installed on the eastern side of Bruce Street between Gardeners Road and Gardeners Lane; and

 

·    “No Standing” and 1 Hour period parking be installed on the western side of Bruce Street from Gardeners Roads to the first driveway in Bruce Street.

 

 

In December 2000, the Committee considered the installation of a drop off/pick up zone on the western side of Bruce Street across the frontage of the St Spyridon’s Infants School that formed part of the development consent for the reconstruction of St Spyridon’s Primary School.

 

The Committee recommended that

 

·    ‘15 Minute P 8.00am – 9.00am; 3.00pm – 4.00pm School Days’ signs be installed on the western side of Bruce Street across the frontage of the Infants School for a total length of 27 metres.

 

Present

 

An on-site meeting was held on Wednesday, 4 September 2002 in Bruce Street with Mr Socratous (Parish), Cr Peter Schick and Council’s Traffic Engineer to further discuss the issues of concern.

 

Mr Socratous advised that taxi drivers around 3.15pm were using Bruce Street and the new angle parking areas for their driver change over.  This was causing traffic problems as some vehicles were also double parking and this activity conflicted with the end of school collection of students by parents.

 

Consequently, Mr Socratous requested the installation of 2 Hour period parking restrictions on both sides of Bruce Street to cover the new angled parking areas whilst maintaining the existing drop off zone.  Cr Schick also supported this proposal, as it would create improved turnover of parking for the adjacent businesses.

 

It was noted that the existing 1 Hour period parking was missing from the western side of Bruce Street between Gardeners Road and the first driveway.  Also, the 15 minute parking area had not been replaced for the total frontage of the school.

 

It was also agreed that student safety could be further improved by the installation of a 40km/h School Zone in Bruce Street.

 

The RTA representative is requested to advise of the status of the implementation of a 40 km/h School Zone in Bruce Street and Gardeners Road for St Spyridon’s Primary School.

 

It is considered that the proposal has merit by providing improvements in the utilisation of the new angle parking areas, which has had the effect of gaining parking spaces in the area for all of the land users.”

 

At the Traffic Committee meeting, the following information was minuted:

 

“Cr Procopiadis advised by telephone that he did not support the provision of 2 hour restricted parking in Bruce Street without seeking the views of residents and considered that the five (5) angle parking spaces outside the Shell garage should remain unrestricted. 

Cr Schick supported 2 hour parking restrictions at all locations and did not see the benefit in leaving the 5 spaces unrestricted.

 

The Police representative did not support blanketing the commercial area with 2 hour parking, and requested 1 hour parking near Retrovision, and also considered that residents would be severely restricted.

 

The Traffic Engineer advised that Cr Procopiadis was concerned that the proposed 2 hour restrictions would push longer term parking further along the street to outside residential houses.

 

The RTA representative had no objection to the 2 hour parking but could see issues with the properties on the eastern side of Bruce Street.

 

The Committee agreed that the residents and nearby businesses should be surveyed about their views regarding the 5 spaces on the eastern side to be either unrestricted or 2 hour parking, and also regarding the 2 hour parking on the western side.

 

It was agreed that the 1 hour period parking should be reinstalled on the western side of Bruce Street between Gardeners Road and the first driveway, with the 15 minute period parking being extended to the northern end of the angle parking area.”

 

CONCLUSION:

 

The Traffic Committee recommended that the views of residents in Bruce Street and affected businesses should be determined before any action is taken to implement 2 hour parking restrictions in the angled car spaces of Bruce Street.

 

The Committee also recommended that the 1 hour period parking should be reinstalled on the western side of Bruce Street between Gardeners Road and the first driveway, and the existing 15 minute period parking on the western side of Bruce Street should be extended to the northern end of the angle parking area.

 

RECOMMENDATION:

 

That:

 

1.   The residents of Bruce Street and nearby businesses be surveyed on the proposal to introduce:

 

a.   ‘2P 8.30am – 6.00pm Mon-Fri; 8.30am – 12.30pm Sat’ signs on the eastern side of Bruce Street in the angle parking spaces between Gardeners Road and Gardeners Lane.

 

b.   ‘2P 9.00am – 3.00pm signs on the western side of Bruce Street in the angle parking spaces north of Gardeners Lane (opposite).

 

2.   The missing ‘1P 8.30am – 6.00pm Mon-Fri; 8.30am – 12.30pm Sat’ signs be replaced on the western side of Bruce Street between Gardeners Road and the first driveway.

 

3.   The existing ‘15 Minute P 8.00am – 9.00am; 3.00pm – 4.00pm School Days’ zone on the western side of Bruce Street be extended to the northern end of the angle parking area outside the church property.

 

4.   The RTA be requested to advise of the status of the implementation of a ‘40 km/h School Zone’ in Bruce Street and Gardeners Road, Kingsford for St Spyridon’s Primary School.

 

ATTACHMENT/S:

 

Nil

 

 

 

………………………………

………………………………

MICK SAVAGE

JOHN STEPHENS

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

TRAFFIC ENGINEER

 

 

 

 

 

 

 


 

Director Asset & Infrastructure Services' Report 150/2002

 

SUBJECT:

BUS SEATS

 

 

DATE:

12 December, 2002

FILE NO:

98/S/0959 (Part 5)

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES  

 

 

INTRODUCTION:

 

At the Works Committee Meeting, 10th September, 2002 the Committee resolved:

 

That a report be prepared by the relevant Council officer on why Council is replacing STA bus seats, including how Council got involved and why Council is responsible for the payment of replacement seats, considering Council receives no revenue from the provision of bus services.

 

ISSUES:

 

The STA has over recent years changed its practices in relation to the maintenance of bus waiting shelters and seats believed to be the property of the STA whereby no maintenance has occurred.  This has resulted in numerous complaints about the condition of the furniture/bus shelters wrongfully being sent to Council.  In turn, Council has referred complainants or forwarded copies of the correspondence to the STA for attention.  The response provided by the STA has been to state that as the land where the structures are located is not owned by the STA, maintenance issues related to the property should be directed to the land owner, with the landowner generally being Council.

 

Earlier this year a meeting was held between STA representatives and Council Officers to resolve the impasse.  The STA did not admit to owning the structures but did offer to pay for the demolition of a number of bus shelters provided that Council accepted responsibility for the provision of replacement structures.  This was the subject of a recent report to Council from the Director of Asset & Infrastructure Services.  At this same meeting, the STA advised Council Officers that the STA’s core business was the provision of bus services and not the provision of furniture associated with bus stops, other than J-poles to denote the location of the bus stop and provide bus timetable information.  Accordingly, a number of dilapidated STA seats were removed from a number of locations.

 

Upon the removal of the dilapidated STA seats, both the STA and Council received complaints from commuters wanting to know what had happened to the seat and when would a replacement seat be provided.  The STA indicated that the provision of seats was not their responsibility and that the Council should be approached to determine the possibility of Council providing a seat.  In these instances, locations thus identified where placed on the street furniture waiting program which involved the installation of  a uniform range of street furniture throughout the City in accordance with the adopted budget and Council  Management Plan 2002-2003. 

 

Historical Background – Council’s Involvement with Street Furniture.

In the 1970’s Council entered into an agreement with a company for the provision of courtesy seats throughout the City.  The agreement permitted the supplier to install seating at no cost to Council and in turn the supplier received revenue from advertising panels attached to the rear of the seat.  The agreement was for the supply of approximately 100 advertising based seats and an equivalent amount of non-advertising seats.  The seats were generally located in commercial centres, major roads and bus stops.  The contract lapsed some time back and the advertising seats have been removed but some of the non-advertising seats remain.

 

With the onset of major urban design projects such as the Coogee Beach Plaza project in the late 1980’s and Commercial Centre Townscape Improvements during the 1990’s at Kingsford, Maroubra Junction, Randwick, The Spot and Matraville, a street furniture pallette was selected to provide uniformity/compatibility within the street furniture range pallette for each location and consistent with the expectations of the various Townscape Committees that had been established.  The selection of a range of street furniture for a project is consistent with practices used throughout the world.  More recently, the same approach has been adopted with the Maroubra Beach Project and the upcoming Kensington Town Centre Improvements.

 

Uniformity and consistency can only be achieved by the replacement of the myriad styles and assorted array of furniture (including seats at bus stops) that had been installed in the various locations over the years.

 

With the acceptance of the JCDecaux Street Furniture contract in 1999, the scope of the works included the provision of 100 courtesy seats. The offer submitted was favourable to Council as the scope included provision of seats, bus shelters, automatic public toilets, pay phones and litter bins for a 20 year period as well as being revenue positive for Council. At the time Council accepted the premise that it would be preferable to install the JCDecaux supplied seats in the commercial centres to provide a uniform seating style throughout the major centres and to take advantage of the maintenance service provided as part of the contract.

 

Seats from the commercial centres that were in good or reasonable condition were then installed in other locations such as parks and bus stops in response to requests from residents, Councillors and the three Local Members on behalf of their constituents.  Locations for these recycled seats were allocated according to priority lists that were developed over time.  Many of the requests come from elderly or frail residents asking that a bus shelter or at least a seat be provided at the specified location as considerable time may lapse between bus services.  Many of these bus stops are in open locations and have no protection from wind, sun or rain and are not comfortable places to wait for a lengthy period of time.

 

However, the provision of bus shelters and seats has resulted in a significant increase in the number of requests for the provision of this type of street furniture.  In response to this demand, and as an extension of the concept of providing a uniform suite of street furniture, provision was made for $50,000 in the 2002/2003 Management Plan for the installation of additional street furniture throughout the City.  Council adopted the budget in June 2002 and the resultant programme identified 40 locations for the new seats of which six were STA seats.  Of these seats, five were replaced with new seats and one location was identified for the installation of an advertising bus shelter by JCDecaux, thus providing Council with some revenue from its contract with JCDecaux.

 

CONCLUSION:

 

Council has been providing courtesy seats at bus stops for a considerable period of time and whilst the STA has also provided seats at bus stops, it has done so without any formal agreement with Council.  Many of the older STA seats are damaged, poorly maintained and once reported as being in this state, are usually removed by the STA. Some of the more recent installations by the STA are aluminium seats which appear to provide

increased longevity but do not match Council’s existing street furniture range perpetuating the often expressed community view that Council does not provide a coordinated approach to the provision of street furniture.  However, it is not know where and how many STA seats remain in the City of Randwick and it would be advisable to undertake an audit of all bus stops to determine the exact quantity and locations of seats owned by others.

 

The STA has advised that it will no longer provide any furniture at bus stops as it is not a core function of the STA.  If residents’ requests for seats or bus shelters are to be met it is to be met by Council.  In some instances the replacement of an STA bus seat will present an opportunity for the placement of an advertising bus shelter by JCDecaux which in turn generates income for Council to provide additional services to the community.  Additionally, the installation of seats by Council at bus stops allows Council to provide a coordinated approach to the provision of street furniture as well as responding to the needs of its residents including many frail and elderly persons.

 

RECOMMENDATION:

 

That the Director Asset and Infrastructure’s Report dated 5 December, 2002 be received and noted.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

MICK SAVAGE

JOHN CALVANI

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

PARKS AND RECREATION CO-ORDINATOR

 


 

Director Asset & Infrastructure Services' Report 151/2002

 

 

SUBJECT:

PUBLIC DRINKING RESTRICTIONS IN EAST WARD PARKS AND RESERVES

 

 

DATE:

12 December, 2002

FILE NO:

98/S/2438, 98/S/1148, 98/S/1219 98/S/1285

 

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES   

 

INTRODUCTION:

 

At its meeting of 22nd October 2002, Council resolved that:

 

a)   “A report be provided before a Council Meeting detailing proposals from the three East Ward Councillors and relevant staff for the implementation of alcohol restrictions in the various reserves in the Ward; and,

 

b)   The report be provided to the Coogee Precinct Committee prior to its submission to Council”.

 

The following report was sent to the Coogee Precinct Committee on 22nd November 2002, requesting that any comments be made in writing to enable full consideration before Council’s next meeting.

 

The Coogee Precinct Committee’s most recent meeting was held on 10th December 2002, with no comments received at Council as at 12 December 2002. However, if comments are received after this date, it is proposed that they be discussed in conjunction with the contents of this report at Council’s meeting on 17th December 2002.

 

ISSUES:

 

There are 14 parks and reserves in the East Ward (see Appendix 1 attached), with Goldstein Reserve being the only area with alcohol restrictions (sunset to sunrise) already imposed. Drinking has been identified in High Cross Park and Blenheim Park, but not on the scale that is regularly encountered at Coogee Beach

 

The need to implement alcohol restrictions in parks or reserves arises as a result of regularly occurring incidents of anti-social behaviour that threaten the safety of the community and affect the amenity of nearby residents.

 

In the East Ward, such incidents are generally confined to the Coogee Beach area on Friday and Saturday nights from 10pm to 5am, as patrons leave licensed premises and gather in the adjacent parklands, namely Goldstein Reserve and to a lesser extent Dunningham Reserve to the north, and Grant Reserve to the south.

 

Alcohol is the common denominator in about 90% of reported incidents, so in order to minimise the causes and effects of such offensive behaviour and maintain Coogee Beach’s image as a safe and friendly location, appropriate action must now be taken.

 

In an effort to control such behaviour, Council, at it’s meeting of 8th October 2002, resolved to create an Alcohol Free Zone on footpath, road and carpark areas in and around Arden Street and Coogee Bay Road, operating from 18th October 2002 until 18th October 2005.

 

However, in order to deal with alcohol related incidents in the Coogee Beach area as a whole; alcohol restrictions need to be applied in the parks and reserves adjacent to the Alcohol Free Zone, and since the majority of alcohol related incidents occur at night, prohibiting consumption from sunset to sunrise would provide the most effective means of dealing with ‘undesirables’.

 

The Police are responsible for the enforcement of alcohol restrictions in parks and reserves, but success is dependant on the existence of appropriate and sufficient signage.

 

Signage prohibiting the consumption of alcohol from sunset to sunrise already exists in Goldstein Reserve; however, they are sporadic in their location and contain conflicting information, with several signs incorrectly advising that the reserve is an Alcohol Free Zone.

 

To assist the Police with enforcement, additional signs of a uniform design need to be placed at key locations around Goldstein Reserve, and the prohibition of alcohol consumption from sunset to sunrise extended to include Dunningham Reserve and Grant Reserve.

 

The implementation of alcohol restrictions in the remainder of East Ward’s parks and reserves is not considered suitable at this point in time as such restrictions are only applicable in known trouble areas when the appropriate level of enforcement can be provided.

 

However, consideration should be given to the implementation of alcohol restrictions in any park or reserve at a later date if regular anti-social behaviour is observed.

 

CONCLUSION:

 

Imposing alcohol restrictions in all East Ward parks is not recommended, as they are only effective if they can be regularly enforced, with most parks experiencing a much lower usage and attendance rate than what is seen in the Coogee Beach area.

 

Dunningham, Goldstein and Grant Reserve are known trouble spots due to the proximity of adjacent licensed venues, with the majority of incidents occurring at night.

 

A resolution to restrict the consumption of alcohol from sunset to sunrise in this area is important in order to control anti-social behaviour in the Coogee Beach area as a whole, and in conjunction with the recently created Alcohol Free Zone, will provide the Police with suitable powers of enforcement.

 

RECOMMENDATION:

 

That;

 

a)   Council prohibit the consumption of alcohol from sunset to sunrise in Dunningham Reserve, Goldstein Reserve and Grant Reserve, and that the appropriate signage advising of this be installed at key locations throughout the reserves, and

 

b)   The Police be advised of the implementation of such restrictions to enable effective enforcement.

 

 

ATTACHMENT/S:

 

Table of East Ward Parks

 

 

 

 

………………………………

………………………………

MICK SAVAGE

DAVID MEREDITH

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

LANDSCAPE TECHNICIAN

 

 

 

 

 

 


 

 

EAST WARD PARKS AND RESERVES

 

NO

NAME

ADDRESS

COMMENTS

1

Dunningham Reserve

Baden Street, Coogee Beach

Regularly occurring anti-social behaviour experienced due to proximity of licensed premises. Prohibition from sunset to sunrise is recommended.

2

Goldstein Reserve

Arden Street, Coogee Beach

Existing signage prohibits consumption from sunset to sunrise; however, uniform and increased signage is recommended.

3

Grant Reserve

Beach Street, Coogee Beach

Prohibition from sunset to sunrise is recommended to enable uniform enforcement over the entire Coogee Beach area

4

Coogee Oval

Brook Street, Coogee

N/A

5

Albi Smith Memorial Reserve

Dolphin Street, Coogee

N/A

6

Trennery Reserve

Wolseley Road, Coogee

N/A

7

Neptune Park

Neptune Street, Coogee

N/A

8

Blenheim Park

Rainbow Street, South Coogee

Residents have complained of anti-social behaviour around picnic tables at night. Situation to be monitored, if further complaints are received, restrictions should be implemented.

9

Bangor Park

Oberon Street, South Coogee

N/A

10

Bardon Park

Bream Street, Coogee

N/A

11

High Cross Park

Avoca Street, Randwick

Alcohol consumption has been identified, however, anti-social type behaviour rarely results. Situation should be monitored.

12

Ernest Collins Reserve

Byron Street, South Coogee

N/A

13

J V Dick Reserve

Bream Street, Coogee

N/A

14

Leete Park

Dudley Street, Coogee

N/A

 


 

Director Asset & Infrastructure Services' Report 152/2002

 

 

SUBJECT:

SAND FENCING CONTRACT

 

 

DATE:

12 December, 2002

FILE NO:

98/S/2853

 

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES    

 

INTRODUCTION:

In accordance with the General Manager’s permission, tenders were called for the supply of labour, materials, supervision and all things necessary to undertake the following activities:

·    repair the existing fences;

·    construct new fences;

·    repair existing board and chain ramps;

·    lifting of existing board and chain ramps;

·    construct new board and chain ramps; and

·    construct new bollard fencing in some places to ensure vehicles do not access sensitive areas.

at the four beach dune systems located at Maroubra Beach, Malabar Beach, Frenchmans Beach at La Perouse and Yarra Beach in Phillip Bay for a period of two years with an option for a third year.

After a 4 week tendering period, the tender closed on 26 November 2002.  Two tenders were received from Metal Fencing Specialists Pty Ltd and Osbuild (Aust) Pty Ltd.  Discussion and evaluation of these Tenders are set out in this report.

 

ISSUES:

 

Background

 

The condition of the dune fencing on Council’s three major beach dunes systems, Maroubra, Frenchmans and Yarra Bay beaches, has been deteriorating over the last few years.  The Bushland Management Officer applied for capital improvement funds in the 2002-03 budget.  $30,000 was provided from Council revenue for the repair of fencing at Yarra Bay.  The Frenchmans Bay Reserve plan of management has identified the repair of the fencing at Frenchmans Beach as high priority and funds from the $435,000 capital improvement budget for Frenchmans Beach Reserve in 2002-03 are available to carry out this work.  Funds for the repair to the fencing at Maroubra Beach have been requested for in the 2003-04 budget.

 

Tender Assessment

 

The Tender Specification Part A ‘Conditions of Tendering’ advised that the evaluation, negotiation and selection of Tenders would be in accordance with the requirements of the NSW Local Government (Tendering) Regulation 1999 under the NSW Local Government Act 1993.  Tenderer’ were also given an indication of the selection criteria, (see below) to be referred to in the evaluation:

(a)        The Rate;

(b)        Quality management;

(c)        Occupational Health and Safety;

(d)        Experience;

(e)        Capacity to undertake the works;

The criteria were not listed in any particular order and it was emphasised that they would not be accorded equal weight in the assessment process.

Evaluation Team

A detailed evaluation of all tender submissions, was conducted by a panel comprising, Assistant Contracts Officer, the Noxious Weeds Officer and the Bushland Management Officer.

Evaluation Process

The process of Evaluation was:

1.   The evaluation team undertook an objective quantative assessment of the completed schedules, (but not pricing information) submitted as part of each tender.  In particular Schedule B17 asked a number of specific questions. 

2.   The schedule information and the specific questions were listed under the relevant criteria and weighted in order of importance to the overall evaluation.  Team members’ scored the criteria individually with reference to the “Scoring Guideline” structured prior to the tender closing date.  Individual scores were then averaged into a final team score and recorded on the “Evaluation Final” sheet. 

3.   The B3 schedule of rates, were evaluated by calculating the average rate per metre of installation and the average price per unit for other components not included in the installation rate (eg Fence Posts). The rates were also weighted in accordance with their relative importance in the overall construction and maintenance process

4.   The Final evaluation scores were then transferred to the “Cost / Needs Analysis” sheet and related to the weighted sum of the tenderers ‘average rate per metre of installation and the average price per unit. 

5.   The results of this assessment are attached.

The final evaluation criteria which include the criteria above and a breakdown of their corresponding percentage weightings are set out below:

Criteria

Weighting

General

15%

Programme

20%

Environmental, OH&S and Quality

30%

Variation Rates

25%

References

10%

TOTAL

100%

 

Summary of Tenders

Osbuild (Aust) Pty Ltd

This company is located at St Leonards in Sydney and comes highly recommended by the Waverley Council for construction of a boardwalk.  Their average rates were:

Average Rate per metre       $145.80

Average Price per unit           $281.85

 

The final evaluation score for Osbuild was higher than  Metal Fencing Specialists at 83.2%.

 

Metal Fencing Specialists Pty Ltd

This company is located at Doonside in Sydney and has been constructing fencing for local government and statutory authorities for many years.  They come highly recommended by the Blue Mountains and Penrith City Councils.  Their average rates were:

Average Rate per metre       $56.42

Average Price per unit           $36.36

The rates submitted by Metal Fencing Specialists were evaluated to be significantly cheaper than Osbuild (Aust) Pty Ltd in both the rate per metre and price per unit. 

 

The final evaluation score for Metal Fencing Specialists was 79.7%.  This score was slightly lower than Osbuild due to the low score recorded for Environmental and Quality Management capability.  In discussion with the tenderer it was agreed that the tenderer would comply with all environmental laws and not allow any site under its control to be environmentally unsafe.  It was also agreed that quality management for any work would consist of a predetermined checklist that would be completed by Metal Fencing Specialists to support that the work had been completed in accordance with the specification and to Metal Fencing Specialists satisfaction.  The team accepted both these solutions as satisfactory.

 

CONCLUSION:

 

While Osbuild Pty Ltd provided the better tender proposal they are significantly more expensive than Metal Fencing Specialist.  Metal Fencing Specialists provided an acceptable tender proposal and their average rate per metre is in line with the market rate.

 

RECOMMENDATION:

 

It is recommended that Metal Fencing Specialists Pty Ltd be appointed to carry out dune fencing and pathway repairs and construction in Randwick City for a two year period with an option for a further year.

 

 

ATTACHMENT/S:

 

UNDER SEPARATE COVER-

Tender Evaluations Scoring Guidelines 

 

 

 

………………………………

………………………………

MICK SAVAGE

BETINA DIGBY

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

BUSHLAND MANAGEMENT TECHNICIAN

 

 

 

 

 

 


 

Director Asset & Infrastructure Services' Report 153/2002

 

 

SUBJECT:

32 BEACH STREET, COOGEE - DRAINAGE PROBLEMS

 

 

DATE:

12 December, 2002

FILE NO:

98/S/2136 xr P/004045

 

 

 

REPORT BY:            DIRECTOR ASSET & INFRASTRUCTURE SERVICES      

 

INTRODUCTION:

 

The resident of 32 Beach Street (Mr Phillip Sweeney) has lodged a claim against Council for damage to his pool at this address for the alleged poor performance of Council’s trunk drainage system.  Mr. Sweeney indicated at the time of the claim that overland flows have caused flooding of the pool on five (5) separate occasions since January 1999. 

 

Since the claim was lodged, this situation has allegedly happened again during the storm on the afternoon of Friday, 30th November, 2002.  This brings the number of occurrences to six (6) in approximately three (3) years.

 

Bonacci Rickard (NSW) Pty Ltd were engaged by the insurance assessors Crawford and Company to undertake an independent review of the drainage at the above address and to comment on possible strategies to alleviate the problems at this location.  (A copy of this report is attached and is self explanatory).

 

Subsequent to the last event which occurred on 30th November, 2002, the Mayor and Council’s Design Manager visited the site and spoke to Mr. Sweeney and a few of the adjoining affected residents in Arden Street, upstream of Mr. Sweeney’s property.

 

ISSUES:

 

The Report

 

The report by Bonacci Rickard indicates that Council’s trunk drainage system which runs through Mr. Sweeney’s property from Arden Street “is capable of conveying a storm greater than the 1 in  2 year Average Recurrence Interval (ARI) event from Arden Street to Beach Street but overflows during a 1 in 5 year ARI storm event such that approximately 480 litres per second would flow through the overland flow path”.

 

The report goes on to say that trunk drainage systems are usually designed to convey storms typically greater than 1 in 5 year storm event and that storms in excess of this should be channelled along a defined  overland flow route..

 

The consultants have noted that as a consequence of Mr. Sweeney’s application to build the swimming pool and garage on his property, “In their notice of determination April 1996, Council clearly identified that there is an overland flow path passing through the property of 32 Beach Street.  This above ground overland flow path would be considered to be part of the major / minor drainage system.  The following conditions were imposed upon the development:

 

·    Create a drainage easement over the existing trunk pipeline.

 

·    “The landscaping/paving within the required drainage easement shall be lowered and constructed with a vee drain formation to direct overland flow of stormwater that may travel through the property.”

 

·    “All new fences located across the required drainage easement shall be an open form type or have a 3m wide by 0.5m high opening to allow  overland stormwater flow to pass unimpeded.”

 

·    “The applicant shall construct the proposed swimming pool coping course and the floor level of the proposed garage a minimum of 300mm above the existing adjacent ground level.  This condition is required to reduce the possibility of overland stormwater flow entering these areas.”

 

It is noted from the report and site visits that these conditions have not been complied with.  The report goes on to indicate that the frequency of reported flooding is excessive compared to the apparent capacity of the pipe system which may indicate that some unknown factor may be affecting the hydraulic capacity of the pipe system.

 

The report suggests the following potential factors that may be contributing to the flooding:

 

·    Runoff from properties adjacent to 32 Beach Street, prior to entering Council’s stormwater system.

·    Pit or pipe blockage.

·    Inadequate pit inlet capacity in the low point of Arden Street.

·    Poor performance of the downstream GPT which has caused backwater effects on the pipe system.

·    Freak storm events above the design capacity of the piped drainage system.”

 

As a conclusion to their report, the consultants state:  “In the Notice of Determination, April 1996, Council identified that there is an overland flow path through the subject property and they placed appropriate development controls on construction to ensure that flood damage to the subject property would not occur.  It is yet to be conclusively determined if these controls have been implemented to a satisfactory standard.

 

Council’s drainage system has a design standard less than the 1 in 5 year ARI.  It is typically desirable for trunk drainage systems to have a greater capacity than this.  Council should investigate undertaking works to either diver flows away from Arden Street low point or to increase the capacity of the trunk drainage system through the private properties.

 

Council should undertake further CCTV investigation of their pipe system to ensure that the pipes are not blocked or damaged.”

 

Anecdotal Evidence

 

At the site meeting with the Mayor and the Design Manager, both Mr. Sweeney and affected neighbours confirmed the increase in frequency of flooding at this location.

 

The residents have pointed to the roundabout and a block of units at 85-87 Arden Street as recent occurrences which may have affected the drainage system in recent years.  A preliminary inspection of the roundabout indicates that while the immediate area in the vicinity of the roundabout may have been altered by the construction, the level of Clovelly Road rises in both directions from Arden Street and has done so for many years and is therefore unlikely to have been the recent cause of these problems.  The units at 85-87 Arden Street were conditioned to provide on-site detention combined with an infiltration system which, if working correctly, should actually be an improvement to the drainage situation. 

 

Mr and Mrs Sweeney also indicated that they are also concerned that due to recent flood water levels (i.e. up to 0.5m above ground at the pool), their home could also become inundated and Mrs Sweeney indicated that at the first signs of rain, the furniture is raised above the floor levels and the carpets are lifted.

 

Upgrading Options

 

Due to the limited time available, Council officers have considered two concept options for upgrading of the drainage system affecting these properties:-

 

OPTION 1:      Directing a considerable section of the catchment by intercepting the stormwater at Clovelly Road and conveying this water in an easterly direction in Clovelly Road and then south down Beach Street to the low point in Beach Street just south of Mr. Sweeney’s property to give a system capable of coping with a 1 in 20 year storm event.  The preliminary estimated cost of this option is $400,000.  These costs do not consider any alteration or relocation of services which may be required as a consequence of these works.

Advantages:-               Elimination of work in private property & damage to private buildings.

Disadvantages:-          Higher costs, by-pass of entry points in system caused by blockages.

 

OPTION 2:      Upgrading of the trunk drainage line through 79 Arden Street and Mr. Sweeney’s property at 32 Beach Street to cater for a 1 in 20 year storm event.   The preliminary estimated costs of this option is $300,000.

Advantages:-  More direct route and concentrates on the trouble spot.  Less expensive.

Disadvantages:-          Work on private property, negotiations of easements, relocation of at least one structure (a garage belonging to 79 Arden Street).

 

Other Considerations

 

Council should also note that there are other problem location in the City of Randwick which are considered to be as severe if not worse scenarios than this location.

 

The four (4) which most readily come to mind are at 33 Arcadia Street which has an intrepid low point with no drainage escape route outside the front door, Forsyth Street near Rainbow Street which causes an underground carpark  (serving a block of units) to flood in severe storms,  Alfred Street where an entrapped lowpoint causes property damage, and Bunnerong Road at Botany Cemetery which is a problem currently being investigated by Council and Department of Land and Water Conservation officers.

 

Council needs to determine its priorities in these matters and must consider the fact that a certain portion of Mr. Sweeney’s problem can be attributed to the lack of compliance of his pool and landscaped areas to the conditions of approval which were applied to his development back in 1996.  It must be also noted that Council records indicates that Mr. Sweeney has never sought a final inspection on the pool and garage which explains why action has never been taken to correct this situation.

 

 

CONCLUSION:

 

Further investigations are required to ascertain whether or not there are any blockages or other issues which could reduce the frequency of the inundation being affected  by Mr Sweeney.  These investigations should also include an analysis of a projected flooding frequency should full compliance with the conditions of approval (referred to in the report) be achieved.

 

These investigations would allow Council to make a more informed decision as to the possible allocation of funds in the next budget for any upgrading works which are deemed unnecessary.

 

It is considered that due to the time constraints involved, Council should retain the services of a suitably qualified drainage engineer and to carry out these investigations and, if necessary, to closely examine the implications of the two (2) options explained in this report.

 

RECOMMENDATION:

 

That:-

 

(a)        The report be noted.

(b)        Mr. Sweeney be requested to demonstrate the extent of this compliance with the conditions of approval attached to the construction of the pool and garage.

(c)        Council retain the services of a suitably qualified Drainage Consultant to carry out an analysis of a projected flood frequency including depths of Mr. Sweeney’s property should full compliance with the conditions of approval be achieved.

(d)        Should further investigations be required, the Drainage Consultants be retained to closely examine the implications of the two (2) drainage options referred to in this report

 

 

ATTACHMENT/S:

 

Letter from Crawford & Company Pty Ltd

 

 

………………………………

………………………………

MICK SAVAGE

FRANK ROTTA

DIRECTOR ASSET & INFRASTRUCTURE SERVICES

MANAGER DESIGN

 

 






 

Director Planning & Community Development's Report 113/2002

 

 

SUBJECT:

8 PINE STREET, RANDWICK

 

 

DATE:

12 December, 2002

FILE NO:

D/260/GE

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

INTRODUCTION:

 

At the Ordinary Council meeting held on Tuesday, 10th December, 2002, Council resolved:

 

that the Section 96 application for 8 Pine Street, Randwick be deferred and be referred to the Extraordinary Council Meeting to be held on Tuesday, 17th December, 2002.

 

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

Development Application Report dated 19/11/02

A4 Reduced Plans

Director's Report to Council's Ordinary Meeting 23/7/02 on the original development application 

 

 

………………………………

 

SIMA TRUUVERT

 

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

19 November, 2002

FILE NO:

02/00260/GE

 

PROPOSAL:

 Section 96 Modification to approved multi unit housing development to amend the basement floor plan, make minor adjustments to floor levels, add attic rooms with ensuites and skylight window to the roof areas, and alter window details and external finishes 

PROPERTY:

 8 Pine Street, Randwick

WARD:

 North Ward

APPLICANT:

 M Bowie Constructions Pty Ltd

 

 

 

 

 

 

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 original development application to demolish the existing dwelling house and garage on the site and to construct and strata subdivide a multi unit housing development comprising 5 three-bedroom townhouse dwelling, basement parking, and two swimming pools was approved by Council at its Ordinary meeting on 23 July 2002.

 

The subject application proposes modifications to the approved development including, the creation of attic rooms with ensuites and the provision of skylight windows within the roof areas of the townhouses, amendments to the basement level floor plan, minor adjustments to floor levels, and modifications to the approved window details and external finishes on the northern and southern elevations.

 

The application was notified and advertised and one submission was received. The concern raised relates to the proposed increase in floor space ratio of the approved development by the addition of the attic rooms.

 

The proposed modifications do not alter the approved envelope, height, bulk or massing of the development or generate any additional demand for car parking under Council’s Parking DCP.

 

The recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

Approval is sought to modify the design of the approved development as follows:

 

-     the creation of attic rooms with ensuites within the roof space of each town house, including the provision of skylight windows  

-     modifications to the basement floor plan to provide a games/study room connected by an internal stair to Townhouse No.5, an enlarged garbage store, a garden store and electrical services room

-     minor adjustments to floor levels without altering the approved roof ridge height of the building 

-     modifications to window details and external finishes on the north and south elevations

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the north-eastern corner of Pine Street and Park Avenue.  The subject property is regularly shaped and has a frontage to Pine Street of 19.05m, a frontage to Park Avenue of 45.11m and a total site area of 868.5sq.m.  The subject site is relatively flat, with a slight fall to the west, and the ground level of the site is lower than the level of the street.  The site presently contains a single dwelling house, garage and swimming pool.

 

The immediate locality is characterised by residential development of varying densities and heights.  To the west of the site is a two storey residential flat building with basement parking, and to the east of the site are a mix of single residential dwellings and semi-detached dwellings.  Opposite the site to the north are older style red brick three and four storey residential flat buildings, and adjoining the site to the south is a single storey dwelling house. 

 

4.         SITE HISTORY

 

a.     APPLICATION HISTORY

 

The original development application to demolish the existing dwelling house and garage on the site and to construct and strata subdivide a multi unit housing development comprising 5 three-bedroom townhouse dwelling, basement parking, and two swimming pools was approved by Council at its Ordinary meeting on 23 July 2002.

 

5.         COMMUNITY CONSULTATION:

 

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

 

5.1       Objections

 

Ian Berson

for Body Corporate

6 Pine Street

RANDWICK 2031

 

Concerns:

-     the proposal will result in an exceedance of the 0.65:1 FSR standard applying to development on the site

 

6.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-     Environmental Planning and Assessment Act, 1979 (as amended)

-     State Environmental Planning Policy No.1-Development Standards

-     Randwick Local Environmental Plan 1998

-     Building Code of Australia

 

(a)  Randwick Local Environmental Plan 1998

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscape Area

50% of the site area

 

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

 

61.5% of total site area provided as landscaped area

 

58% of landscaped area above podium

 

 

Yes

 

 

 

No change. SEPP 1 objection previously considered under original application.

 

 

32 – FSR

0.65:1

 

 

 

0.885:1 including attic floor space and basement games room/study (0.65:1 approved)

No. See section 8.1.

33 - Building Height

Overall maximum  height 9.5m

 

 

External Wall height

 

 

 

9.35m (unchanged)

 

 

 

Max..9.2m to top of gable ends, 6.723m main building (unchanged)

 

Yes

 

 

 

 

Ht of building unchanged. SEPP 1 for departure by gable ends previously considered under original application

 

 

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

No

N/A

43

Heritage Item of Conservation Area

No

N/A

46

Vicinity of Heritage Item

 

Yes. Satisfactory

 

6.1  Policy Controls

a.     Development Control Plan –Multi Unit Housing

b.    Development Control Plan –Parking

 

7.         SECTION 96 AMENDMENT

 

7.1       Substantially the same

The proposal does not alter the approved envelope, height, bulk, and massing or parking provision of the development and is considered to constitute substantially the same development.

 

7.2       Consideration of submissions

 

An assessment of the floor space ratio of the proposal is made under section 8 below.

 

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 (FSR)

 

A 0.65:1 FSR standard applies to multi unit housing development in the 2B zone. The development as approved has an FSR of 0.65:1. The development as proposed has a FSR of 0.885:1 as the attic rooms and basement games room constitutes additional floor space.

 

The applicant has provided the following reasons in support of the proposed departure from the 0.65:1 FSR standard:

 

-     The proposal will improve the amenity of the subject property without causing adverse effects to neighbouring properties.

-     There will be no increase in building massing, height or bulk.

-     There will be no adverse effects on privacy.

-     There will be no increase in shadow impacts on adjoining properties.

-     There will be no impact on views.

-     There will be no adverse impact on the streetscape.

-     The car parking provided for the development satisfies the requirements of the Multi-Unit Housing DCP.

-     The proposal will result in a small increase in landscaped area not on structure.

-     The proposal is consistent with urban consolidation objectives.

 

The purpose of the floor space standards as stated in Randwick LEP 1998 is:

 

To establish reasonable upper limits for development in residential, business, industrial and special use zones through a limit on the amount of floor space that can be provided. This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.

 

The proposal does not alter the height, bulk or building massing of the approved development as the additional floor space is contained within the approved envelope of the building. No additional impacts by way of overlooking, overshadowing or view loss will be occasioned to neighbouring properties. The proposal does not generate any additional demand for car parking under Council’s DCP-Parking

 

The proposal is consistent with the objectives for development in the 2B zone in that it provides for a medium density housing form that does not compromise the amenity of surrounding residential development and remains compatible with the character of existing development in the area. 

 

Therefore, having regard to the merits of the proposal, the departure from the 0.65:1FSR standard is considered acceptable. 

 

8.2       Design and External Appearance

 

The proposed enlarged louvred window openings to the northern and southern gable end walls and the introduction of skylight windows to the eastern roof plane of the approved building will provide improved articulation to the building’s street elevations by breaking up the visual expanse of these walls and the roof area. The removal of the approved mini-corrugated metal cladding to the northern and southern gable ends to accommodate the enlarged louvred window openings will not detract from the visual appearance of the development from the adjacent street frontages.  

 

A heritage list property at No.11a Pine Street is located to the south east of the site, however it is not in close proximity. The approved development and proposed external changes to its elevations will not have any adverse impact upon that property.

 

8.3       Amenity Impacts

8.3.1    Privacy and Overlooking

 

The proposed skylight windows in the western roof plane facing the boundary with the adjoining town house development at No.6 Pine Street are positioned high on the roof area thereby eliminating any potential for overlooking.  The proposed enlarged louvred window openings in the northern and southern gable end walls of the building are to a stairwell accessing the attic level only and will not adversely impact on the privacy of neighbouring development.

 

8.3.2    Overshadowing

 

No additional overshadowing of neighbouring properties will be occasioned by the proposal, as there is no change in the approved envelope, height or bulk of the building.

 

8.3.3    Views

 

No loss of views will be occasioned to neighbouring properties by the proposal.

 

8.4       Parking

 

The proposed amendments to the basement floor level do not alter the approved level of turning/manoeuvring access within the car parking area of the development.

 

As the approved townhouses have three bedrooms, the use of the proposed attic rooms for a fourth bedroom would not generate any additional demand for car parking under Council’s DCP-Parking.

 

The proposal is acceptable in this regard.  

 

8.5       Strata Subdivision

 

The amended strata plan submitted with the application is consistent with the approved development and proposed modifications.

 

9.         CONCLUSION

 

The proposed introduction of attic floor space for each townhouse and games/study for Townhouse No.5 at the basement floor level results in a departure from the 0.65:1 FSR standard applying to development on the site. However, these amendments do not alter the approved building envelope, height, bulk, massing or car parking demand of the development and are considered acceptable.

 

The application is recommended for approval.

 

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.02/00260/GE on property No.8 Pine Street, Randwick in the following manner:

 

·    Amend Development Consent Condition No.1 to read:

 

“1.  The development must be implemented substantially in accordance with the plans numbered DA-01, DA-02, DA-03A, DA-04, DA-05, DA-07, DA-08, DA-09, DA-10, DA-11, LA01, undated and received by Council on 28 March 2002 as amended by the additional details received 1 May 2002, and further amended by plans numbered CC-01-10 Revisions C dated 29 September 2002 and dated as received by Council on 2 October 2002, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans.”

 

ATTACHMENT/S:

 

-A4 configurations

-Copy of Director's report to Council's Ordinary meeting of 23 July 200 2 on the original development application     

 

 

………………………………

………………………………

SIMA TRUUVERT

STEVEN HUGHES

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

15 July, 2002

FILE NO:

D/0260/2002

 

PROPOSAL:

 Demolition of existing dwelling house and garage and construction of a multi unit housing development comprising five townhouses, basement parking, two swimming pools and strata subdivision of the building.

PROPERTY:

 8 Pine Street, Randwick

WARD:

 North Ward

APPLICANT:

 M Bowie Constructions P/L c/- Habitat Architects

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Health, Building and Planning Committee for the determination at the request of Councillors Matson, Greenwood and Tracey.  The estimated cost of the development is $1.5 million.

 

Four submissions by way of objection to the proposal have been received.  The main concerns raised relate to overshadowing, loss of privacy to adjoining properties, potential noise impacts from use of the swimming pools, and traffic and parking issues.  These concerns are considered to represent the main issues with the proposal.

 

The external wall height of the proposed building exceeds the 7 metre limit by up to 2.2 metres for a width of 4.5 metres on the gable end at the northern and southern facades of the proposed building.  A SEPP 1 objection to the external wall height standard in LEP 1998 has been submitted in this regard.  The objection is considered to be well founded.

 

The proposed development incorporates 62.3% of the total site area as landscaped, which exceeds the requirement for 50% of the total site area for landscaping.  However, more than 25% of the provided landscaped area is over the excavated basement, which does not strictly comply with the LEP clause.  A SEPP 1 objection to the landscaping standard in LEP 1998 has been submitted in this regard.  The objection is considered to be well founded.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed development comprises demolition of the existing dwelling house, swimming pool and garage, and construction and strata subdivision of five townhouses with basement parking.  The proposed building will contain the following levels:

 

Basement:         ten resident parking spaces, one visitor parking space, garbage storage area, storage area and a toilet.  The basement is to be accessed by a single width ramp on the north-eastern side of the property.

 

Ground floor: kitchen, family room, living room, bathroom, laundry and courtyards of five townhouses, a semi-circular pool within the northern boundary setback area and a rectangular pool within the southern boundary setback.

 

First floor:         three bedrooms, study, bathroom and balcony of each of the five townhouses.

 

 

 

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the north-eastern corner of Pine Street and Park Avenue.  The subject property is regularly shaped and has a frontage to Pine Street of 19.05m, a frontage to Park Avenue of 45.11m and a total site area of 868.5sq.m.  The subject site is relatively flat, with a slight fall to the west, and the ground level of the site is lower than the level of the street.  The site presently contains a single dwelling house, garage and swimming pool.

 

The immediate locality is characterised by residential development of varying densities and heights.  To the west of the site is a two storey residential flat building with basement parking, and to the east of the site are a mix of single residential dwellings and semi-detached dwellings.  Opposite the site to the north are older style red brick three and four storey residential flat buildings, and adjoining the site to the south is a single storey dwelling house. 

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

82/00207/DZ    To use a coolroom in rear garage.  Approved 14/09/82

95/00635/BZ    Garage to dwelling.  Approved 14/09/82

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

1.   Ian Berson

on behalf of 6 Pine Street Body Corporate

 

Concerns:

 

-       Overshadowing to 6 Pine Street as a result of the building and landscaping.

-       Loss of privacy as proposed balconies face directly into adjoining property.

-       Pine Street is too narrow to have the proposed basement entry/exit ramp.

-       The proposed development provides only one visitor parking space and parking in Pine Street and Park Avenue is already at a premium.

-       The proposed metal roof and façade cladding should be changed to concrete tiles so as not be out of line with all the other residences in both streets.

-       The two proposed pools would generate a lot of noise.

 

2.   Bill Kelso

31 Pine Street

RANDWICK  NSW  2031

 

Concerns:

 

-       Pine Street was to be considered as a one way street and now is proposed to be a vehicle entrance for 12 cars.

-           The corrugated iron roof is not in keeping with the area.

-       The proposed multi storey units do not complement the other residences nearby.

-       A heritage listed property is located opposite which does not compare with what is planned.

-       The site ratio area of the proposed development is excessive as there are no trees of note to be retained.

 

3.   Spiro Coolentianos and Maria Mavromattis

      PO Box 1256

      Bondi Junction (owner 2 Park Ave)

-           The swimming pool within close proximity to the boundary with 2 Park Avenue will cause an unacceptable amount of noise and water seepage to the foundations of the property at 2 Park Avenue.

-       Loss of direct sunlight to property located at 2 Park Avenue as a result of the proposed development.

 

4.   Peter Collard

PO Box 453

Randwick (owner of 8/23 Pine Street)

 

Concerns:

 

-           The sandstone kerbs and gutters should be preserved as heritage items.

-       The callistemon tree on Park Avenue should be retained, not the liquid amber tree.

-       Proper pollution controls to protect the parkland from the effects of construction at the site must be applied.

-       Less disruption to nearby residents if the present vehicle entry point from Park Avenue was retained, not in Pine Street as proposed.

 

5.2  Support

 

No submissions in support of the application were received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

 

6.1  Landscape Issues

 

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

 

1. One specimen of Jacaranda mimosifolia (Jacaranda) located towards the northwestern part of the site. This tree is in the order of approximately 7-8m in height appears to be in poor 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) planted within the site.

 

2. One specimen of Eucalyptus species (Gum Tree) located towards the northeastern part of the site. This tree is in the order of approximately 5-6m in height appears to be in good condition and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree subject to one replacement (not palm) planted within the site.

 

3. Two street tree specimens of Callistemon species (Bottlebrush) located along the eastern part of the site along Council’s nature strip. These trees are in the order of approximately 3m in height appear to be in average condition and are covered by Council’s Tree Preservation Order. Permission is granted for the removal of these trees subject to two replacements (not palms) planted along Council’s nature strip

 

6.2  Drainage Issues

 

On site stormwater detention is required for this development.

 

6.3  Traffic/Parking Issues

 

The average traffic generation for the proposed residential development consisting of 5 residential townhouses will be in the range of 20 to 25 vehicle movements per day.

 

The expected peak flow volume of approximately 3 vehicles per hour is considered low and no delays should be experienced in Pine Street as a result of this development.

 

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

 

The applicant must, at no cost to Council dedicate a 3m x 3msplay corner for road widening purposes on the north/east corner of the site at the Pine St/Park Ave intersection.

 

The driveway opening at the Pine Street frontage must be 5.00 metres wide and located at least 1.5 metres clear of the side property.

 

The internal driveway must be 5.00m wide for the first 5 metres inside the property.

 

7.    MASTER PLANNING REQUIREMENTS

 

A Master Plan is not required as the site is less than 4,000m2 in area.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-     Environmental Planning and Assessment Act 1979 (as amended)

-     State Environmental Planning Policy No.1 – Development Standards

-     Building Code of Australia

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

30 - Min. Lot Size

N/A

868.5sqm

N/A

31 - Landscape Area

 

 

 

 

 

 

 

50% of the site area

 

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

 

62% of total site area landscaping

 

58% of landscape area above podium

 

 

Yes

 

 

No. SEPP 1 objection submitted.

 

 

32 - FSR

0.65:1

0.65:1

Yes

33 - Building Height

 

 

 

 

 

 

 

Overall maximum height 9.5m

 

External wall height 7.0m

 

 

 

 

 

Overall height: 9.35m

 

External wall height: Max 9.2m to top of gable end, 6.723m main building

 

Yes.

 

 

No. SEPP 1 objection submitted.

 

 

 

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

No

N/A

43

Heritage Item of Conservation Area

No

N/A

46

Vicinity of Heritage Item

Yes

Satisfactory

 

 

8.1  Policy Controls

a.    Development Control Plan - Multi Unit Housing

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (how applicant has achieved performance requirements of performance solutions)

 

 

BUILDING SETBACKS

 

Front  boundary setbacks

P1        The front setback consistent  with streetscape/adjoining dwelling.

Side boundary setbacks

P2        Ensure that:

·     solar access is maintained and overshadowing minimised.

·      privacy between neighbouring dwellings and their own spaces provided.

·      Landscaping and private open space provided.

·      Streetscape amenity is maintained.

 

 

 

 

 

 

 

 

S2  Zone 2B

Minimum average setback 4 metres from any side boundary.

No part closer than 2.5 metres.

Maximum length one section of wall 10 metres

Minimum length of any step is 3 metres.

Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres. 

Maximum length of wall section is 10 metres.

Minimum length of any step is 3 metres.

 

 

Complies; the front building setbacks to Pine St and Park Ave is generally consistent with the adjoining dwellings and the streetscape.

 

Complies.

 

2.25m to 6.9m to eastern side boundary from edge of balconies.

No section of wall closer than 3m to boundary

 

 
Rear Boundary Setback

P3        Ensure that:

·     solar access and overshadowing minimised.

·      Privacy between neighbouring dwellings and their open spaces provided.

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

·      Building built across site.

 

 

S3 Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall  section 10 metres.

Minimum length of any step is 3 metres.

 

Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

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

 

Does not comply (refer to Section 9.5 of report). Setback 3.57m to 4.03m from edge of building to rear setback.

 

 

General

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

 

 

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

 

 

Complies

 

DENSITY

 

P1 Building bulk compatible with surrounding built forms

 

 

 

Complies; the bulk and scale of the proposed building is compatible with the streetscape

 

FENCES

 

P1  

·     Front fences consistent  with  streetscape.

·     Entrances highlighted.

·      Planting used to soften and provide privacy.

 

S1 Solid front fences no higher than 1.2 metres. May increase to 1.8 metres when 50 % transparent.

 

 

 

Complies, refer to Section 9.3 of report

 

LANDSCAPING AND PRIVATE OPEN SPACE

 

Landscaped Areas

P1 Sufficient size allow recreational activities and substantial vegetation.

 

 

S1  Minimum for landscaped area 2 metres.

 

 

Complies

 

 

P2        Landscaped areas around flat buildings be undivided

communal open space.

 

 

Does not comply

 

 

Private Open Space

General

P3   

·      Provides privacy.

·     is accessible from main living areas.

 

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

 

 

 

 

 

 

Complies

 

 

Townhouses, row housing, villa housing etc

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

 

 

 

 

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

 

 

 

 

Complies

 

PRIVACY

 
Visual Privacy

 

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

 

 

 

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

 

 

 

Complies, refer to Section 9.2.2 of report

 

P2 Private open space design and location ensure privacy.

 

 

Complies

 

VIEW SHARING

 

 
Acoustic Privacy

 

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

“Quiet areas” separate noise generating activities.

 

P4 Building construction minimises transmission of noise.

 

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

 

 

 

 

S4 Walls and floors insulation and sound consistent with

Building Code of Australia.

 

 

 

 

Complies as per BCA requirements

 

SOLAR ACCESS AND ENERGY EFFICIENCY

 

Solar Access to Neighbouring Properties

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

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

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

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

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

 

 

 

Complies, refer to Section 9.3.1 of report

 

 

Building Layout, Design and Construction

 

P4 Protect from prevailing strong winds and adverse weather.

·     Living areas are orientated to       the north.

·     Larger windows are located on the north.

 

 

 

 

 

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

No dwelling achieves less than 3 stars.

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

 

Note:

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

 

 

 

 

 

 

Complies, each unit is certified to achieve an energy efficient NatHERS rating of at least 3.5 stars

 

 

 

 

P5   Roof design and orientation suitable for solar collectors.

 

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

 

Complies

 

 

P6 Heat loss is minimised in plumbing and services.

 

 

Complies

 

 

P7 Outdoor space for clothes drying provided. 

 

 

Complies

 

SAFETY AND SECURITY

 

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

P3 High walls and structures avoided.

P4 Resident car parking has security grilles or doors.

P5 Visitor parking spaces clearly identifiable.

P6 Adequate lighting for personal safety and security provided.

P7 External lighting not intrusive.

 

 

Complies

 

PARKING

 

 

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

 

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

 

P3 Secure storage for bicycles are provided.

 

 

 

Complies, all parking is provided in basement level.

 

N/A as development contains less than 15 dwellings

 

 

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

 

studio apartment*

1 space per two studios

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling
dwelling
                                

 

 

 

 

 

 

 

 

 

 

 

Complies, refer to Section 8.1.b of report

 

 

Visitor parking is 1 space  per 4 dwellings.

 

 

Complies

 

DRIVEWAYS AND MANOUVERING AREAS

 

P1 Driveways and manoeuvring areas minimised.

 

 

 

Complies

 

 

P2 Vehicles enter/ leave in a forward direction.

 

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

 

Complies

 

 

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

 

S3  Long driveways provide passing bays.

 

Complies, driveway is of adequate width to accommodate vehicles

 

 

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

 

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

 

Complies – as per condition of consent recommended by Council’s engineering officers

 

 

P5 Materials and finishes consistent.

 

S5  Large expanses of uncoloured concrete avoided.

 

Complies

 

 

P6  Driveway gradients safe.

 

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

 

Complies

 

STORAGE

 

P1 Accessible and separate storage for each dwelling.

 

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

 

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

 

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

 

 

Complies, sufficient room within the dwellings for storage needs and common storage area in basement.

 

BARRIER-FREE ACCESS

 

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

 

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

 

Not required

 

 

P2  Dwelling requirements are: 

 

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3  and so on.

 

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

 

 

Not required as the proposed building contains only 5 dwellings

 

 

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

 

 

N/A

 

 

 

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

 

 

N/A

 

UTILITIES/SITE FACILITIES

 

 

P1 Mail Delivery

in accordance with Australia Post.

 

 

Complies

 

 

P2Television/Radio Antennae and Satellite Dishes

Single common television/radio antenna and communication reception.

 

 

Complies per condition of consent

 

 

P3   Electricity

In accordance with the requirements of Energy Australia.

 

Electrical reticulation underground.

 

 

 

Complies

 

 

P4 Gas

Meter for each dwelling and to optimum service points.

 

 

Complies

 

 

P5 Water Supply 

In accordance with the requirements of Sydney Water.

 

 

Complies

 

 

P6 Telephone

In accordance with the service provider.

 

 

Complies

 

 

P7 Laundry and Drying Facilities

·   An internal laundry is provided in each dwelling.

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

 

 

Internal laundries provided to each townhouse.

 

 

 

 

Complies, clothes lines can be provided for each townhouse in courtyards.

 

WASTE MINIMISATION AND MANAGEMENT

 

P1 Waste collection and separation facilities are  provided.

 

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

Holding at least a single day’s waste.

Landscaped areas provide composting.

 

Complies, sufficient room within dwellings for garbage bins and courtyards can provide composting area

 

 

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

 

 

Complies. Garbage room provided in basement

 

 

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

 

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

 

Complies

 

 

 

 

 

 

 

 

b.     Development Control Plan – Parking

 

 

Standard

 

 

Requirement

 

Provided

 

Compliance

Car Parking

 

a)   number

 

 

 

 

 

b)   layout

 

 

 

 

1.5 spaces for each three bedroom dwellings (5 x 1.5 = 7.5)

1 space/4 dwgs for visitors (1 space)

 

 

Total 11 resident and 1 visitor space

 

 

 

 

Dimensions and manoeuvrability complies with AS2890.1

 

 

Yes

 

 

 

 

 

Yes

 

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1     Randwick LEP 1998

 

9.1.1    Building Height

 

A 7.0 metre maximum wall height applies under Clause 33(3) of the LEP.  The external wall height of the proposed building exceeds the 7m height limit for up to 2.2m for a width of 4.5 metres on the gable end at the northern and southern facades of the proposed building. 

 

The applicant has lodged an objection under SEPP No.1 in relation to the proposed departures from the wall height standard.  In the objection, the applicant submits the following:

 

§ The proposal adopts a terrace house model in response to the objectives of Part 2.1 of DCP – Multi Unit Housing.  This model is appropriate to the site topography, landscape, streetscape and environmental conditions (see separate statement regarding house the development addressed Part 2.1).

§ The two end walls are consistent with the terrace house model adopted (see Part 2.1.4 of DCP – Multi Unit Housing, which includes the characteristic “solid masonry gable end at side boundaries and end of a row of dwellings”).

§ One end wall faces north to Pine Street, and has no significant shadow impacts.  Pergolas, fences and landscaping moderate the scale of the wall.

§ The other end wall faces south.  Shadow diagrams demonstrate that there is minimal adverse impact on the neighbouring property.

§ The variation of the standards of Randwick Local Environmental Plan 1998 clause 33(3) insofar as is necessary to approve the proposed development, is warranted, given the particular constraints of the site, because it occasions no significant adverse effects, ad the proposal in other respects complies with applicable controls.

 

The purpose of the wall height standard as stated in the LEP 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 the surrounding areas.

 

The proposed gable ends of the building do not cause any demonstrable adverse amenity impacts on neighbouring properties or the surrounding locality associated from the proposed development. The size, bulk and scale of the proposed development will be consistent with the existing streetscape, which currently contains a number of residential flat buildings of a larger scale than the proposed multi-unit housing development, and will reflect the desired future character of the area. The nature of the non-compliance is minor, with the 7m external wall height standard exceeded for a width of 4.5m on the northern and southern façade gable ends only. The proposed development is considered to be consistent with the objectives contained with the LEP and the DCP for Multi Unit Housing, with the proposal complying with the overall height control and setbacks.  Furthermore, it is noted that the level of the street in Park Avenue is higher than the ground level of the site by approximately one metre, and therefore the visual height of the building when viewed from Pine Street is lessened.

 

Accordingly, the SEPP No. 1 objection is considered well founded and strict compliance with the wall height standard is unnecessary and unreasonable in the circumstances. 

 

9.1.2    Landscaped Area

 

Clause 31 of the LEP requires that development within Zone 2B must provide a minimum of 50% of the total site area as landscaped area, and landscaped areas over excavated basement areas must not exceed 50% of the landscaped area requirement.    The proposal provides 62% of the total site area as landscaped area, which complies with this clause, however 58% of that landscaped area is located over the excavated basement. 

 

The applicant has lodged an objection under SEPP No.1 in relation to the proposed departure from the landscaped area standard.  In the objection, the applicant submits the following:

 

§ The proposal provides 62.3% landscaped area.  This is well in excess of the minimum requirement (50%).

§ Landscaped area not over podiums or excavated basement areas exceeds 25% of site area.

§ Compliance with subclause (3) would necessitate a substantial reduction of landscaped area.

§ The provision of an increased landscaped area has benefits for resident and neighbour amenity and also for the streetscape.

§ The proposed development better satisfies the stated purpose “To establish minimum requirements for the provision of landscaping to soften the visual impact of development, assists in the reduction of urban runoff and provided adequate areas of open space for recreational purposes” than a development that complied with subclause (3).

 

The purpose of the landscape area standard as stated in the LEP is:

 

To establish minimum requirements for the provision of landscaping to soften the visual impact of development, assists in the reduction of urban runoff and provided adequate areas of open space for recreational purposes.

 

The subject site is located on a corner allotment and therefore a greater setback and landscape area is required on two frontages of the building in order to address the streetscape.  The proposed development provides sufficient area within the setbacks to Pine Street and Park Avenue to allow for adequate areas of recreational space for the residents of the proposed building, and for landscaping to soften the appearance of the building.  The applicant has submitted a landscaped plan from an appropriately qualified person which demonstrates that trees of an adequate size can be accommodated on the site to provide to mitigate privacy and visual impacts.  Therefore, the provision of 58% of the landscaped area over the excavated basement will have a minimal impact upon the proposed development and the proposed development is considered to achieve the purpose of the clause.

 

The intention of the LEP clause requiring a minimum 25% soft landscaped area is to achieve adequate deep soil area to accommodate suitably sized trees and shrubs to provide privacy screening and to absorb stormwater runoff.  228sqm of the total site area is available for deep soil planting, which represents 26% of the total site area and 42% of the landscaped area.  This is an adequate area to support vegetation that will assist in reducing privacy impacts and soften the visual appearance of the proposed development.  It is considered that the extent of soft landscaping proposed at the site meets the objectives intended by the LEP standard.

 

Accordingly, the SEPP No.1 objection is considered well founded, and strict compliance with the landscaped area standard is unnecessary and unreasonable in the circumstances.

 

9.2       Amenity Impacts

 

9.2.1    Energy Efficiency and Solar Access

 

The applicant has submitted a NatHERS certificate from an accredited assessor which indicates that all units achieve a 3.5 star rating.  There is sufficient roof area for the possible installation of solar collectors.  The proposal complies with the preferred solution.

 

The applicant has submitted shadow diagrams which indicate that the proposed development will cast shadow upon the side setback and walls of the adjoining property to the west during the morning hours on June 21, a small portion of the roof area of the dwelling house to the south at midday, and the front setback of the adjoining site to the south and Park Avenue during the afternoon.  The north facing windows of the building to the west will not be affected by the proposed development, and the north facing windows of the building to the south of the site will not be additionally overshadowed than what is presently experienced.

 

It is considered that the overshadowing caused by the proposed development is reasonable and not excessive, and that the proposed development meets the performance objectives contained within the DCP – Multi Unit Housing.

 

9.2.2    Privacy and Overlooking

 

The proposed townhouse building has a balcony at first floor level of each proposed unit, measuring 4.6m – 6.0m variable by 1.2 metres, located on the western façade of the proposed building.  These balconies are orientated 45o towards the northwest, and therefore the balconies do not directly face those balconies of the adjoining site.  Furthermore, it is noted that the balconies of the townhouse development on the adjoining site to the west are recessed into the building, and are setback approximately eight metres from the property boundary.  There is significant landscaping along the property boundary, and lattice screening has been placed on the boundary fence.  It is considered that privacy will not be unreasonably reduced by the proposed development, due to the combination of the orientation of the balconies, the separation of the buildings, existing and proposed landscaping and screening.   

 

9.3     Building Design, Materials and Appearances

 

Sufficient articulation to the building facades of the proposed building is achieved by the proposed combination of external finishes and materials, proposed balconies and window openings.  The external walls of the proposed building are to be rendered and painted, with balconies on the eastern façade to be powder coated metal frames. 

 

A 1.8 metre fence is proposed along the Park Avenue frontage, of which the lower 1.2 metre section is solid masonry, and the top portion is open metal picket style.  The proposed fence on the Pine Street frontage is 1.8 metres in height and is proposed to be solid masonry.  This fence is semi-circular in design, and is setback 400mm to 6 metres variable from the front boundary.  The landscape plan submitted by the applicant indicates that landscaping within the property in front of the proposed fence can be achieved, which will screen the solid fence. 

 

The proposed external materials of the development are generally satisfactory.  A condition is recommended requiring the proposed metal roof sheeting to be of a colour that will minimise solar glare and reflectivity.

 

9.3       Building Bulk and Scale

 

The area immediately surrounding the site is comprised of a mix of single residential dwellings, semi-attached dwellings and multi-storey residential flat buildings.  The bulk and scale of the proposed development is consistent with that of the townhouses on the adjoining site, and is compatible with the types of housing existing within the street.

 

9.4       Building Setbacks

 

The subject site is a corner site, and therefore has two front setbacks to the street.  The proposed front setback to Pine Street is 4.186m to the edge of the curved pergola, and 6.745m to the edge of the proposed building.  The adjoining site to the east has a setback of approximately 5.8m to Pine Street, and therefore the proposal is consistent with this setback.  The proposed front setback to Park Avenue is 5.268m, stepping back to 6.072m for the southern portion of the building.  The adjoining dwelling house to the south of the site has a front setback to Park Avenue of approximately 6.4m, and it is considered that the proposed development respects this building line by stepping back the southern portion of the proposed building. 

 

The eastern side of the proposed building has a variable side setback, as the proposed building has a zig-zag like façade, as the balconies are orientated 45o to the building face.  The eastern side setback varies from 2.25 metres to 6.9 metres to the edge of the proposed balconies, with no section of wall closer than 3 metres to the side boundary.  The applicant has submitted a landscape plan and shadow diagram that indicates that there is sufficient separation between the buildings for landscaping, visual and acoustic privacy, sunlight penetration and private open space.  It is considered that the proposed development meets the design objectives for the eastern side setback.

 

In relation to rear setbacks, the preferred solution is that the building (including balconies) is to maintain an average rear boundary setback of 6 metres, with no part of the building closer than 4.5 metres from the rear boundary and the maximum length of any one section of wall without articulation is 10 metres.   The subject site is a corner site, however the building is orientated towards Pine Street, and therefore the southern setback is considered to be the rear setback. 

 

The proposed building is setback 4.03 metres to the southern side boundary, with a 1 metre portion of the building setback at 3.557m.    The proposed building setbacks do not comply with the preferred solution in this case.  However, it is considered that the proposed development complies with the performance requirements for the rear setback, in that the building is built across the site rather than down its length, that there is reasonable levels of privacy and separation between the proposed building and the adjoining, and there is satisfactory space for landscaping, recreational facilities and outdoor clothes drying.  The departure is acceptable to provide an improved streetscape fit in Park Street.

 

9.5       Parking and Manoeuvring

 

Sufficient numbers of parking spaces have been provided within the basement level of the proposed development in accordance with DCP No.2 – Parking.  The dimensions of the parking spaces comply with Council’s requirements, and the ramp gradients and widths are considered acceptable for safe manoeuvring in accordance with AS2890.1.  The layout of the site will enable vehicles to enter and leave the site in a forward direction, from a driveway in Park Street.  Park Street is considered suitable as a vehicular access point as the frontage of the site to Park Street is a signposted as a ‘No Standing’ zone, and therefore site distance lines will be adequate and the proposed driveway will not further reduce the availability of on street parking. 

 

9.6       Heritage and Conservation

 

A heritage item is located at 11a Park Avenue, which is located to the south east of the site.  This heritage listed dwelling house is separated from the subject site by numerous other dwelling houses and will not be directly affected by the proposed development due to the distance between the sites. 

 

9.7       Section 94 Contributions

 

The proposal attracts contributions of $10,982.00 for open space and $4832.00 for community facilities, plus a $425 administrative charge.

 

9.8       Resident Submissions

 

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

 

§ The proposed metal roof and façade cladding should be changed to concrete tiles so as not be out of line with all the other residences in both streets.

 

Comment:  the streetscape is comprised of a mix of residential styles and finishes.  There are other examples of rendered brick buildings and metal roofs within the street, and it is considered that the proposed development will not significantly detract from the streetscape.

 

§ The swimming pool within close proximity to the boundary with 2 Park Avenue will cause an unacceptable amount of noise and water seepage to the foundations of the property at 2 Park Avenue.

 

Comment:  The proposed swimming pool is for the use of the residents of proposed unit 2 only, not the entire complex.  It is considered that noise levels generated from use of this pool will not be significant given that it will be used for normal residential purposes.  Furthermore, it is noted that the swimming pool is located adjacent to the carport of the adjoining property and is not anticipated to directly impact upon a principal living room of the adjoining property.  Conditions applied to the consent can adequately address construction of the pool to protect adjoining properties.

 

§ The sandstone kerbs and gutters should be preserved as heritage items.

 

Comment: the sandstone kerbs are not presently heritage listed, and it is noted that the sites adjoining the subject site have had the kerbs replaced with concrete.  Conditions of consent required by Council’s engineering department requiring security deposits and protection of the kerb are recommended on the consent.

 

§ The callistemon tree on Park Avenue should be retained, not the liquid amber tree.

 

Comment:  Council’s tree officers have inspected the site and advise that permission for removal of the callistemon tree is granted subject to replacement of these trees in alternate locations along the nature strip.

 

§ Proper pollution controls to protect the parkland from the effects of construction at the site must be applied.

 

Comment: this submission can be adequately addressed by conditions applied to the consent.

 

10.  CONCLUSION

 

The proposed development satisfactorily addresses the relevant objectives and performance requirements of the DCP – Multi Unit Housing.  The SEPP 1 objections to the external wall height standard and the landscaped area standard of the LEP is considered to be well founded. 

 

The proposed building will have a bulk and scale comparable with adjoining developments, and will be consistent within the streetscape of Pine Street.  It is not anticipated that the proposed building will cause significant adverse impacts upon adjoining properties in terms of overshadowing and loss of privacy.  It is therefore recommended that the application be approved subject to appropriate 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 compliances with Clause 33(3) and Clause 31(3) of the Randwick Local Environmental Plan 1998 (relating to external wall height and minimum landscaped area) on the grounds that the proposed use complies with the objective of the clause and will not adversely affect the amenity of the surrounding locality, and that PlanningNSW be advised accordingly:

 

1.       The proposed departure from the wall height standard results from the proposed gable end design of the building only.  This building element does not contribute significantly to the visual bulk and scale of the development, nor will they cause any significant adverse amenity impacts.

 

2.       The design of the roof and building will not have any significant adverse impact upon surrounding residential properties.

 

3.       The proposed departure from the minimum landscaped area to be provided not over excavated basement areas arises from the corner layout of the site and will have a negligible impact upon the proposed development.  Total landscaped area provided complies with the minimum required by the clause, and landscaping on the site will achieve privacy and visual screening, and provide recreational space for the occupant.

 

4.       The proposal is compatible in bulk and scale with the other forms of development within the street.

 

 

B.      THAT Council’s Manager Development Assessment under delegated authority from the General Manager, as the consent authority, grant development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 260/2002 for Demolition of existing dwelling house and garage and construction of a multi unit housing development comprising five townhouses, basement parking, two swimming pools and strata subdivision of the site at 8 Pine Street, Randwick subject to the following conditions:-

 

Deferred Commencement Conditions

 

The consent is not to operate until the following material has been submitted to and approved by the Acting Director Planning and Environment:

 

1.       Details of External Colours, Material and Textures

 

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

 

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

 

Development Consent Conditions

 

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

 

1.         The development must be implemented substantially in accordance with the plans numbered DA-01, DA-02, DA-03A, DA-04, DA-05, DA-07, DA-08, DA-09, DA-10, DA-11, LA01, undated and received by Council on 28 March 2002 as amended by the additional details received 1 May 2002, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.         The external colours, materials and finishes of the proposal shall be in accordance with the details and plans submitted to and approved by the Director of Planing and Environment pursuant to the deferred commencement condition.

 

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

 

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

 

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

 

Details of the proposed colour of the roof are to be submitted to and approved by the Director of Planning and Environment, in accordance with the section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to the roofing being installed.

 

6.         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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14.       Vehicular access to the basement carpark shall be readily accessible to visitors at all times.  Where a security gate is provided a suitable intercom shall be installed adjacent to the vehicular entrance together with appropriate signage to provide access to visitor spaces.

 

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:

 

15.       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:

 

16.       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:

 

17.       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.

 

18.       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:

 

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

 

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

 

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

 

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

 

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

 

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.       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.

 

23.       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.

 

24.       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.

 

25.       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.

 

26.       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.

 

27.       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. 

 

28.       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.

 

29.       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.

 

30.       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

e)     swimming pool safety fencing/barriers and acoustic enclosure to pool equipment

 

31.       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.

 

32.       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.

 

33.       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.

 

34.       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.

 

35.       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 and debris at all times.

 

36.       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.

 

37.       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”.

 

38.       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.

 

39.       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.

 

40.       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.

 

41.       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.

 

42.       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.

 

43.       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.

 

44.       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

 

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

 

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

 

46.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

a)         $2000.00         -           Security damage deposit

 

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

 

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

 

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

 

a)         $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:

 

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

 

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

 

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

 

c)   Re-construct a concrete kerb and gutter for both site frontages (200mm kerb in Park Ave & 150mm kerb in Pine St).

 

d)   Carry out a full depth, 1.50 metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

e)   Re-construct a concrete footpath along the full site frontage in Pine Street & Park Avenue.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

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

 

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

 

53.       The driveway opening at the Pine Street frontage must be 5.00 metres wide and located at least 1.5 metres clear of the side property.

 

54.       The internal driveway must be a minimum 5.00 metres wide for the first 5 metres inside the property.

 

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

 

The following conditions are applied to provide adequate provisions for access, transport and pedestrian safety.

 

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

 

57.       The applicant must, at no cost to Council dedicate a 3m x 3msplay corner for road widening purposes on the north/east corner of the site at the Pine St/Park Ave intersection.

 

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

 

58.       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:

 

Pine Street Frontage: Match the back of the existing footpath along the full site frontage.

 

Park Avenue Frontage: The proposed gate entrances are to be 150mm above the existing Council footpath levels (this is to ensure no stormwater flow down Pine St will enter the site from the Park Ave frontage)

 

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

 

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

 

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

 

60.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1059.00 calculated at $16.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

61.       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.

 

62.       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.

 

63.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

OR

 

All site stormwater must be discharged by gravity via a private drainage easement through an adjoining private property (or properties) to the kerb and gutter or drainage system. This condition is required to provide a  satisfactory overland flow route should a storm in excess of the above parameters occur.

 

Should the applicant demonstrate that all reasonable attempts to procure the private drainage easement referred to in the previous condition have failed, a pump system (or infiltration system subject to Council's requirements and a satisfactory Geotechnical Engineers report) will be permitted.  However the detention required must have a minimum factor of safety of 1.5 larger than the volume required for a 1 in 100 year storm event under these circumstances. The pump system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible  discharge rate) and connected to a control board so that each pump will operate alternatively.

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)         location

b)         pipe diameter

c)         gradient

d)         pipe material ie PVC or EW etc

e)         orifice size (if applicable)

 

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

 

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

b)       prior to stormwater discharging into any absorption/infiltration system.

 

The sediment/silt arrestor pit shall be constructed with:-

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

77.       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.

 

78.       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/s (or equivalent)

 

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

 

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

 

80.       As the above site may be present within a fluctuating water table the basement carpark  or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofed has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

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

 

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

 

82.       The garbage room areas will have to be designed so as to be able to contain a total of 6 x 240 litre bins (3 garbage bins & 3 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.

 

83.       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.

 

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

 

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

 

85.       A “restriction as to user and positive covenant” must be placed on the title of the subject property in conjunction with the registration of any future plan of subdivision or strata subdivision for this property.  Such restriction and positive covenant shall relate to the onsite stormwater detention system and shall not be released, varied or modified without the consent of the Council.

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

90.       The landscaped areas shown on the plan LA - 01 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, a certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a suitably qualified landscape designer with relevant qualifications in landscape architecture or horticulture. The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.         The landscape plan shall show a minimum number of 10 x 45 litre broad canopied trees (not palms) suitably located along the western boundary of the site. The trees selected shall be of a species that attain a minimum height of 3 metres at maturity.

 

h.         All planter boxes and garden beds constructed on slab must have a minimum soil depth of 1m and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape elevations through the site showing the existing and proposed groundlines, building elevations and mature height of proposed planting.

 

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

 

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

 

91.       A minimum of five advanced trees reaching a height of 4 metres at maturity shall be planted along the western property boundary to provide privacy screening.  Soil depth within the planter boxes is to be increased to a minimum of 1 metre.  Details of compliance are to be shown with the construction certificate details.

 

92.       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.

 

93.       The naturestrip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed. Such works shall be installed prior to the issue of the Occupation Certificate.

 

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.

 

94.       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.

 

95.       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

 

96.       The applicant shall submit payment of $590.00 to Council,

 

a.         Being the cost for Council to remove the existing street trees of Callistemon species (Bottlebrush) located along the eastern part of the site along Council’s nature strip ($300.00), and

 

b.         Being the cost for Council to supply and install 2 x 45 litre street trees at the completion of all works ($290.00), and

 

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

 

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

 

97.       Approval is granted for the removal of the following trees subject to the planting of 2 x 75 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)   One specimen of Jacaranda mimosifolia (Jacaranda) located towards the northwestern part of the site.

 

b)   One specimen of Eucalyptus species (Gum Tree) located towards the northeastern part of the site.

 

98.       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.

 

 

 

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

 

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

 

a)     for the provision or improvement of open space                 $10928.00

b)     for the provision or improvement of community facilities     $4832.00

c)     Administration fee                                                             $425.00

 

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

 

A         ADVISORY MATTERS:

 

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

 

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

            a) Part F4             -           Light and ventilation

            b) Part F5             -           Sound Transmission and Insulation

 

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

 

A2       The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

ATTACHMENT/S:

 

A4 Plans

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

KRISTY IDEL

ACTING DIRECTOR OF PLANNING & ENVIRONMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 


 

Director Planning & Community Development's Report 114/2002

 

 

SUBJECT:

1-13 FRIENDSHIP ROAD, MOLINEUX POINT

 

 

DATE:

12 December, 2002

FILE NO:

D/0994/2002

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

  

1.         EXECUTIVE SUMMARY:

 

The application is referred to Committee as it is valued at $3.1 Million.

 

The proposal is for the construction of a trade and transport terminal comprising 6 warehouses, 2 areas for import and export containers, offices and amenities, associated carparking, internal roads and landscaping.

 

The subject site was the subject of a Master Plan, which was adopted on 23 October 2002. The proposal is consistent with the provisions of the adopted Master Plan.

 

The proposal is permissible in the Industrial 4B zone with Council’s consent. The proposal has a shortfall of 10 carparking spaces, which is considered minor and is acceptable as the proposed development will be predominantly for warehousing and storage and therefore will generate limited demand for carparking.

 

The subject site is located a significant distance from residential properties and will therefore have minimal amenity impacts on these properties. Potential noise impacts from the operations of the proposed facility have been addressed in a noise impact statement, which has been found to be acceptable subject to conditions.

 

The recommendation is for deferred commencement approval subject to conditions.

 

2.         THE PROPOSAL

 

The proposed trade and transport terminal will comprise the following facilities:

 

§ Six warehouse buildings

 

§ Two hardstand areas for storage of import and export containers

 

§ Offices and amenities within the warehouse complex

 

§ Associated parking, internal roads, landscaping and gatehouse

 

The application also seeks consent for a 24-hour operating period on site involving the following operations:

 

§ The delivery of 20 and 40 foot containers at night by B-double trucks from Port Botany.

 

§ The unloading of freight from containers transported to the site by trucks in the container storage area by either one or two 40 tonne capacity forklifts.

 

§ The stacking of containers at working aprons in front of the appropriate warehouse. This activity will be undertaken during the day.

 

§ Unpacking of the containers within the warehouse by two and a half tonne capacity forklifts during the day.

 

§ Loading of the freight from the containers onto racks within the warehouses during the day.

 

§ Once stored in racks, the freight is either loaded onto smaller trucks that take it from the warehouse for distribution, or packed into containers prior to the delivery to the waterfront to meet shipping schedules.

 

The applicant advises that P&O Trans Australia Pty Limited would operate one of the warehouses as a trade and transport service to importers and exporters. The remaining five warehouses would be leased to tenant export/import operators. Smith Bros Pty. Limited would operate the terminal as a whole providing tenants with full and empty container transport service within the Port Botany precinct.

 

Carparking would be constructed along the front of each warehouse. The proposed gatehouse will be built at the site entrance off Foreshore Road to monitor the entry and exit of traffic and provide a security post.

 

It is proposed to undertake the works in two stages. The first stage would comprise the construction of five warehouses and a hardstand area for container storage. The second stage would comprise the development of the final sixth warehouse and the second hardstand area for container storage.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the Molineux Point peninsula at Port Botany, and is situated to the south of Friendship Road, west of Prince of Wales Drive, and west of Fishburn Road. The subject site has an area of 10.2 ha comprising of proposed Lot 22, which is proposed as an unbuilt upon buffer area (between Lot 21 and Lot 23), and Lot 23 which will be the main area for container storage and warehouse development. A third lot, Lot 21, which forms part of the adopted Master Plan site is excluded from the current development application and may be developed separately in the future by Vopak. The three lots are currently being registered with the Lands Titles Office.

 

The site is currently vacant reclaimed land and is predominantly level with a gradual decline to the north and west and is approximately 8.5m below the revetment wall upon which Prince of Wales Drive is constructed.  

 

The site is bounded by Botany Bay to the west, and Molineux Point Park to the south.  To the north of the site are the Vopak bulk liquid tanks, Elgas and Orica and to south and east is Prince of Wales Drive.

 

Residential land uses are located to the north and east of the site in the suburbs of Matraville and Phillip Bay.

 

The locality predominantly is characterised by port-related industrial uses, namely, container handling, oil tanking, chemical storage and handling, gas storage and container handling, concentrated in the section of Port Botany south of Brotherson Dock.

 

4.         SITE HISTORY

 

4.1       Application History

 

The development application follows the submission of a Master Plan for the subject site which was subsequently adopted on 23 October 2001. The adopted Master Plan primarily facilitates the development of Molineux Point for port related uses with the following key characteristics:

 

§ An empty container handling and storage facility to be operated by P&O Ports

§ A container handling operation by Smith Bros involving customs and quarantine processing between the port and recipients.

§ Extension of the Vopak tank farm.

§ The stacking of full containers limited to 4 high and empty containers to 6 high.

§ A 5m wide landscaped buffer for properties adjacent to any extension of Friendship Road.

 

4.2       History of site usage

 

The subject site is reclaimed land consisting of hydraulic fill from the Botany Bay seabed undertaken in the late 1970’s. In 1999 and 2000, the site was further filled with sandstone base material obtained from the nearby Elgas cavern site.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised and referred to Precinct Committee 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       Building and Construction Issues

 

No objections in relation to matters are raised subject to conditions should approval be granted.

 

6.2       Health and Environmental Issues

 

The proposal

 

The proposed development is for a trade and transport terminal at Molineux Point, Port Botany. The functions of the trade and transport terminal include the movement of containerised freight to and from the Sydney Metro Region. Facilities proposed within the development include two hardstand areas for container storage, the development of six warehouses for the storage of freight whilst awaiting transit, an internal road network that guides all vehicles through the site on a one-way road and a security gate. The development will be staged, with five warehouses and one of the hardstands being built prior to the end of August 2003 and the final hardstand and warehouse being completed by the end of 2003. There will also be a minor refuelling facility. It is anticipated by the developer that this will NOT require a dangerous goods licence in accordance with the Dangerous Goods Act, 1975.The facility is designed and requested to operate 24 hours, seven days a week.

 

Background

 

A Molineux Master Plan has been approved, see 98/S/4132 and 01/00003/WA. The land is currently vacant land with some containers, waste storage and forklifts stored on the site.  Currently, Molineux Point is the last remaining area of existing vacant land that may accommodate development for ports purposes. The land is owned by Sydney Ports Corporation (SPC) and is leased to P&O Trans Australia for a 20-year period (possibly 25 years).

 

Key Issues:

 

Land Contamination

The subject development is located on reclaimed land. During the Master Plan assessment it was advised to Council that Fluor Daniel GTI undertook an environmental assessment of the site in 1997 and 1998. It was identified that the site contains fill, which was excavated from the Elgas cavern development.  It was reported by Fluor Daniel that the site has been “validated to industrial standards with no environmental issues remaining that would prevent redevelopment of the site”.  Full details of this report have not been viewed, as it is believed they were not submitted. During a site inspection of the site on 21 November 2002, it was observed (see photos attached) that fresh waste material (including building rubble, soil and the like) has been deposited on the site. It is unclear if this is contaminated or not. There is a substantial quantity of deposited material on the site.  No contamination report has been submitted with this development application. Due to the quantity and appearance of the material, the last report having been completed approximately 4 years prior, further details will be requested to ascertain if the site is suitable for its intended use (see Section 10.1.3 which includes additional information provided by the Sydney Ports Corporation that an environmental audit has been undertaken for the site in 2002 indicating that the site appears to be suitable for industrial use and that most of the stockpiles on the site have been sampled by Fluor Daniel GTI in 1998 and can be used as clean fill on the site).

 

Groundwater contamination and offsite migration will need to be incorporated in this additional information.  It is noted on page 79 Para 4 of the Statement of Environmental Effects (SEE), an investigation is currently being undertaken to investigate the current status of the soil contamination.

 

Acid Sulphate Soils

The subject land is located in an area zoned as affected with Acid Sulphate Soils. The development does not indicate if earthworks will be below 1 meter of the ground level. It is anticipated that earthworks will occur below 1m of the ground (be it for construction of footings, provisions of drains or other services). It has been stipulated in the SEE that if the land will be disturbed deeper than 1m from the ground level, an Acid Sulphate Soils Management Plan will be require to be prepared. Further information is required.(see Section 10.4 below )

 

Acoustic Assessment

An acoustic assessment has been prepared by Richard Heggie and Associates and submitted. This report is deemed acceptable. Suitable conditions are to be imposed on the development consent. NSW EPA frequently receives complaints in relation to noise emanating from container movements in the port botany area.

 

Integrated Development

It is yet to be determined if this development constitutes integrated development with DLWC. This is to be clarified by the assessing planning officer” (this issue is addressed in Section 10.1.2 below).

 

6.3  Waste Comments

 

Council’s Waste compliance officer has reviewed the development proposal and provides the following comments:

 

“Prior to the accredited certifier issuing an occupation certificate for the proposed development a Waste Management Plan is to be submitted to Council and approved by Council's Manager of Waste Services.

 

In accordance with the Molineux Point Master Plan Guidelines the Waste Management Plan shall include reuse strategies and targets for waste planning for the facility.

 

The plan shall detail the type and quantity of waste to be generated by the proposed use, and the facilities and procedures for the storage, collection, recycling and disposal of waste as part of ongoing waste management at the site. This shall include a diagram detailing the location and specifications of the garbage and recycling storage areas.

 

The garbage storage areas shall be provided with a tap and hose and the floor areas shall be graded and drained to the sewer to the requirements of Sydney Water.”

 

6.4       Landscape Issues

 

The Landscape Officer advises as follows:

 

“There are several Acacia species (Wattle Trees) located within the site that may be affected by the proposed works. These trees are between 4 and 7 metres tall, some are covered by Council’s Tree Preservation Order and all are in average to poor condition. As such permission should be granted for the removal of these trees.”

 

6.5       Drainage Issues

 

The Assets and Infrastructure Services Department advises as follows:

 

“Onsite detention of stormwater is not required for this application.

 

Prior to site stormwater being discharged from the site it shall be taken through pollutant traps capable of removing gross pollutants, oil, grease, sediments and silts. Details of the proposed pollutant traps together with a maintenance schedule shall be submitted to the certifying authority for approval prior to the issuing of a construction certificate.

 

The applicant has indicated that stormwater runoff from the proposed development will be collected and drained through a culvert system designed to convey the peak 20 year ARI storm event with provision for containing all surplus runoff (up to the 1 in 100 year storm event) in an easement along the same route as the proposed drainage culvert system. All site stormwater is shown to be discharging into Botany Bay via a new headwall constructed in the existing seawall.

 

This proposal is considered to be satisfactory.

 

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 and the Sydney Ports Corporation 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.”

 

6.6       Traffic/Parking Issues

 

The Traffic Engineer advises as follows:

 

“The Sydney Regional Development Advisory Committee considered this application at its meeting on the 27th November 2002, and has provided comments in a report dated 28th November 2002 (copy attached). The concerns raised by the development committee have been incorporated in the following comments provided by Council’s Traffic Engineer:-

 

Parking

The development provides for a total of 111 car spaces. These spaces will cater for staff and other visitors to the site. The applicant advises that clients will not be directly accessing the site to pick up deliveries. All movement of container material will be via authorised personnel in heavy vehicles.

 

Council’s DCP does not provide a parking rate for a container terminal. Thus parking requirements may only be approximated.

 

 The proposal provides a total of 36600m2 GFA, which would require the following car parking provisions:

 

·    122 spaces based on Council’s DCP-Parking for a warehouse facility at 1 space per 300m2 GFA.

 

·    75 spaces based on Council’s DCP-Parking for business premises at 1 space/40 m2 for the 3000m2 of floor space which is populated by offices.

 

The proposed number of spaces is considered satisfactory. The design of these spaces should be in accordance with Councils DCP-Parking, which requires dimensions of 5.5 metres x 2.5 metres. Furthermore the aisle width must be a minimum of 6.2 metres.

 

Retail/commercial premises requires a total of 1-2 % disabled parking, which would require the development to provide 2 disabled spaces. These spaces will be a minimum of 3.2 metres wide.

 

Access and Circulation  

The site access is via Friendship Road south of Simblist Road. Sight distance at the intersection is considered satisfactory provided that ‘No Stopping’ signposting is installed along the frontage of the property in Friendship Road. If vehicles were allowed to park along the kerb this would limit the sight distance of exiting vehicles and restrict truck turns into the site.

 

All internal roads must be linemarked with pavement arrows indicating direction of traffic flow.

 

The driveway entry and exit widths must be a minimum of 8 metres wide each with a 3 metre separation. The widths of the internal roads must be a minimum of 4.5 metres wide for one way traffic and 6.5 metres for two way flow.

 

The boom gate at the access point must be a minimum of 30 metres from the property boundary to prevent vehicles queuing onto Friendship Road

 

Traffic generation

The consultant’s report includes an analysis of surrounding intersections using INTANAL for both existing and future traffic volumes. Further information was requested and received regarding the percentage of heavy vehicles used in the analysis. From the information available, the modeled surrounding intersections can generally cater for the extra traffic generated by the development without causing a major impact to delays.

 

The RTA have however raised concern regarding the right turn bay in Botany Road at the Botany Road/Bumborah Point Road intersection and advise that they require an electronic copy of traffic modeling at the intersection which includes current traffic plus proposed development traffic.

 

The RTA have also stated that:

 ‘Whilst this development does not pose significant impacts on key surrounding intersections, future developments within the Port Botany site are likely to have cumulative implications for key arterial road intersections. The RTA envisages that intersection upgrades, particularly Botany Road/Bumborah Point Road, Botany Road/Beauchamp Road and Botany Road/Foreshore Road/Penrhyn Road are likely once development in the northern port area commences. The cost of these upgrades should be borne entirely be developers.’”      

 

6.7       Flora and Fauna Issues

 

“Background

 

Council has received an application from P&O Ports to develop vacant, reclaimed land at Molineux Point, Port Botany.

 

Issues

 

The Little Tern is present in the local area for only part of the year, approximately Spring and Summer, during part of its annual migration. During the summer of 2001/2002, it is understood that a number of Little Terns nested successfully within the proposed development site. The Little Tern is listed as an endangered species under the Threatened Species Conservation Act 1995 [NSW] and as a migratory species under the Environment Protection and Biodiversity Conservation Act 1999 [Clth].

 

It is understood that Little Terns are likely to attempt to nest at the proposed development site again, while suitable habitat remains, i.e. bare soil, small rocks, etc. The nesting period is understood to be from October to February (National Parks and Wildlife Service NSW, in correspondence to the applicant, dated 27 September 2002).

 

NPWS also states that work is currently being undertaken at Towra Point, on the southern side of Botany Bay, which should result in there being “little reason for the birds to look for alternative nest sites within the Bay.” The applicant has submitted, as part of the DA, a proposed nesting deterrent strategy, of which, NPWS has approved.

 

However, the NPWS requires that, “If Little Terns were to lay eggs at [Molineux Point] any further deterrence strategies or development at the site must cease pending on-site review by [an] appropriate National Parks and Wildlife Service Officer”.

 

The applicant has prepared an 8-Part Test of significance under s.5A of the EP&A Act, as part of the lodged DA documentation. The test has not been prepared correctly – information addressing seven of the eight parts is not adequate, accurate and/or relevant.

 

In addition, no mention or addressing of the Little Tern’s listing under the EPBC Act appears in the DA.

 

Council’s 8-Part Test for Little Tern

 

Part A: “In the case of a threatened species, whether the life cycle of the species is likely to be disrupted such that a viable local population of the species is likely to be placed at risk of extinction.”

 

It is considered that the life cycle of the Little Tern could be disrupted such that the local population of the species is likely to be placed at risk of extinction if an effective deterrent strategy is not put into effect or if development proceeds, following the commencement of nesting.

 

Part B: “In the case of an endangered population, whether the life cycle of the species that constitutes the endangered population is likely to be disrupted such that the viability of the population is likely to be significantly compromised.”

 

Not relevant, the Little Tern is listed as an endangered species, not an endangered population.

 

Part C: “In relation to the regional distribution of the habitat of a threatened species, population or ecological community, whether a significant area of known habitat is to be modified or removed.”

 

The NPWS has stated that work currently being undertaken at Towra Point should result in there being “little reason for the birds to look for alternative nest sites within the Bay”. It is therefore believed that a significant area of known habitat is not likely to be modified or removed.

 

Part D: “Whether an area of known habitat is likely to become isolated from currently interconnecting or proximate areas of habitat for a threatened species, population or ecological community.”

 

No areas of known Little Tern habitat are likely to become isolated from currently interconnecting or proximate areas of habitat.

 

Part E: “Whether critical habitat will be affected.”

 

No part of the proposed development site has been declared critical habitat for the Little Tern.

 

Part F: “Whether a threatened species, population or ecological community, or their habitats, are adequately represented in conservation reserves (or other similar protected areas) in the region.”

 

Council has found no information stating that the Little Tern is adequately represented in conservation reserves. Given the species’ migratory nature and endangered conservation status, by definition, it is unlikely that it is adequately represented in conservation reserves.

 

Part G: “Whether the development or activity proposed is of a class of development or activity that is recognised as a threatening process.”

 

The proposed development is not of a class of development that is recognised as a threatening process under the Threatened Species Conservation Act 1995.

 

Part H: “Whether any threatened species, population or ecological community is at the limit of its known distribution.”

 

The Little Tern is not at the limit of its known distribution at the proposed development site. This species occurs along the whole east coast of Australia.

 

Considering Parts A and F above, it is considered that there is likely to be a significant effect on the Little Tern, due to the proposed development, if an effective deterrent strategy is not put into effect or if development proceeds, following the commencement of nesting. The proposal includes a deterrent strategy, though its details are not as specific as actions recommended by NPWS. Also, the proposal does not state that works will cease should the Little Tern commence nesting, pending on-site review by an appropriate NPWS officer.

 

Conclusion

 

There is unlikely to be a significant effect on the Little Tern if the development is amended according to the conditions below.

 

Recommendations

 

The following conditions are applied to provide adequate protection for the Little Tern:

 

An adequate deterrent strategy shall be put into effect prior to the commencement of, and for the duration of, the nesting season, that is, October to February, and other times, as become apparent. The deterrent strategy shall include, but shall not be limited to:

·    Engaging suitably qualified and experienced personnel to implement this strategy and be on-site on a daily basis, for the duration of the strategy;

·    Erection and maintenance of posts at ten metre intervals with attached bunting or flagging of a kind to deter the Little Tern;

·    The combined use of gas cannon and “Bird Frite”;

·    Smoothing out any nest scrapes prior to any egg laying.

 

The applicant shall provide Council with the name and contact details, including daytime telephone numbers, of the suitably qualified and experienced personnel engaged.

 

Should Little Terns lay eggs within the site, or any area affected by the proposed works, all works and deterrent strategies shall cease immediately. Council’s Bushland Management Technician and the National Parks and Wildlife Service shall be contacted immediately to determine when and how works shall recommence.

 

The applicant shall provide Council with a summary of the outcomes of the deterrent strategy and any egg laying attempts which may occur. This summary shall be provided after the end of the nesting season, that is, by 14 March 2003, or sooner as requested by Council.

 

The applicant shall determine, in consultation with Environment Australia, whether the proposed development is a controlled action under the Environment Protection and Biodiversity Conservation 1999 [Clth] and amend the proposal accordingly, as necessary.”

 

6.8       Issues raised by External Bodies

 

The Sydney Regional Development Advisory Committee have raised no objection to the proposal subject to the following conditions:

 

§ The cost of upgrades to key arterial road intersections in the vicinity of the site should be borne by the developers.

 

§ An electronic copy of traffic modelling for the Botany Road/Bumborah Point Road intersection be forwarded to the RTA’s Development Assessment Unit for assessment and verification of the right turn bay’s capacity.

 

§ All works/regulatory sign-posting associated with the development be at no cost to the RTA.

 

In addition a number of standard conditions are recommended by the SRDAC to be applied to the proposal.  

 

7.         MASTER PLANNING REQUIREMENTS

 

A Master Plan for port related uses was adopted by Council on 23 October 2001 subject to a number of variations and requirements for submission of future development applications. The adopted Master Plan facilitates the development of Molineux Point for port related uses comprising full and empty container handling and storage facilities to be operated by P&O Pty. Limited and Smith Bros Pty. Limited, and tank farming by Vopak.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1       Randwick Local Environmental Plan 1998

 

The site is zoned Port Botany 4B 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:-

 

Industrial

Clause No.

Requirement

Provided

Compliance

32 – FSR

1:1

0.36:1

Yes

37 (4) - Additional   development – Port Botany

Proposed development must consider Port Botany Landuse Safety Study 1996 prepared by DUAP

Proposal is primarily for the erection of warehouses and container storage areas and does not involve the production and/or handling of hazardous and/or offensive products. As such the proposal will have minimal, if no, impact on existing cumulative risk levels as defined in the Port Botany Landuse Safety Study 1996.

Yes

37 – Development in Port Botany

Proposed development must be suited to being in close proximity to Port Botany and must not affect the continued operation of the Port

The proposal will support and expand the current activities of Port Botany by increasing the amount of port precinct warehousing and associated container storage area.

Yes

 

8.2       State Environmental Planning Policy No. 11 (Traffic Generating Development)

 

SEPP 11 divides development into a two categories (under Schedules 1 and 2) which, depending on their size and anticipated impacts, are required to be referred to the relevant Traffic Authority for comments. The Traffic Authority for which development under Schedule 1 is to be referred to the Sydney Regional Development Advisory Committee (SRDAC).

 

Under SEPP 11, applications for industrial development in excess of 20,000 sqm are require to be referred to the SRDAC. As the proposal will have a total warehousing floor space of 36,600 sqm, it has been referred to the SRDAC for comments.

 

8.3       State Environmental Planning Policy No. (33 Hazardous and Offensive Development)

 

SEPP 33 regulates development that may be potentially hazardous or offensive. The Policy applies to any proposals which fall under the Policy’s definition of “potentially hazardous industry” or “potentially offensive industry”. As such, the Policy provides procedures for determining a potentially hazardous industry and a potentially offensive industry.

 

The subject application is for the erection of warehouses and container storage facilities and do not involve activities that are potentially hazardous nor potentially offensive. Whilst no details have been provided of the future materials to be stored in the warehouses given that these would be subject to future tenancies and lease arrangements, the applicant has advised in writing that there will be no dangerous goods stored on site and that the site would not be subject to a dangerous goods licence under the Dangerous Goods Act. A condition will be applied prohibiting the storage of potentially hazardous materials and potentially offensive materials without prior consent from Council and/or any other relevant authority should approval be granted for the application.

 

8.4       State Environmental Planning Policy No. 55 (Remediation of Land)

 

SEPP 55 aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment. Clause 7 of the Policy states that a consent authority must not consent to the carrying out of any development on land unless:

 

(a)  it has considered whether the land is contaminated, and

(b)  if land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable after remediation) for the purpose for which the development is proposed to be carried out, and

(c)  if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

 

Council’s Environmental Health Officer has applied a condition of deferred commencement consent requiring the submission of a Statutory Site Audit Statement and Summary Site Audit Report in relation to fresh waste material deposited on the site (this issue is addressed in Section 10.1.3 below).

 

9.         POLICY CONTROLS

 

9.1       Development Control Plan - Parking

 

The DCP – Parking requires car parking for warehouse developments to be provided at a rate of 1 space per 300 sqm of gross floor area. The proposal will have a total floor area of 36600 sqm which will generate a carparking requirement of 122 carparking spaces. The proposal will provide a total of 110 carspaces resulting in a shortfall of 12 spaces.

 

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     Statutory Controls

 

10.1.1  Randwick Local Environmental Plan 1998

 

The proposal is permissible in the Industrial 4B zone under the Randwick Local Environmental Plan 1998 with Council's consent, and complies with all the relevant statutory controls contained in the Randwick LEP 1998.

 

10.1.2  Integrated Development (Section 91)

 

The issue as to whether the proposal is integrated development was raised with the applicant especially in relation to earthworks within 40 m of foreshore or a watercourse (Rivers and Foreshore Improvement Act 1948). The applicant has contacted the Waterways Authority to investigate the potential impact of the proposal on the foreshore, following which the following advice has been provided to Council in a letter dated 5 December 2002:

 

“I refer to your facsimile of 25 November 2002, and respond to the question raised regarding the possibility of the development being integrated with the waterways Authority.

 

A development is considered ‘integrated’ with the Waterways if a Part 3A permit is required under the Rivers and Foreshores Improvement Act 1948.  The Act states that a permit is required where ‘excavation” is taking place upon ‘protected land’. ‘Protected land’ is defined in the Act as “land that is not more than 40m from the top of the bank or shore of protected waters (measured horizontally from the top of the bank or shore)”.

 

For the purposes of interpreting the Act, the Waterways Authority define the ‘shore’ as the Mean High Water Mark (MHWM), and use MHWM as an offset line to establish the 40m protected land zone.

 

Attached for your information is a drawing of the Moulineux Point development site indicating the site boundary, the Botany Bay foreshore (MHWM) line, and the 40m offset line defining the protected land zone.  Please note that the drawing is a hand marked sketch only.  We are awaiting an electronic copy from the Sydney Ports Corporation (SPC), from which a more clear colour coded drawing will be produced and forwarded to you in pdf format.

 

The drawing indicates that the protected land zone encroaches upon the development site by approximately 4m at the southern boundary.  The parcel of land affected by the encroachment is currently affected by stormwater drainage works being carried out by the SPC, as indicated on the attached drawing.  The SPC hold a current Part 3A Permit from the Waterways Authority for the drainage works.

 

The SPC drainage works also includes all of the required excavation earthworks associated with P&O development, in the protected land zone.  Once the drainage works are complete, the SPC will prepare the ground surface to an approximate RL of 5.2m (AHD) prior to commencement of the P&O works.  The P&O development involve the construction of pavement and concrete kerb & gutter over the prepared surface.  No additional excavation will be required within the protected land zone, hence a Part 3A Permit is not required for the P&O works.”

 

The applicant’s advice is considered acceptable and accordingly, the proposal is not considered to be integrated development.

 

10.1.3  State Environmental Planning Policy No. 55 (Remediation of Land)

 

The Sydney Ports Corporation has provided the following advice regarding the contamination investigations undertaken at the Sydney Ports' Molineux Point site:

 

“Sydney Ports Corporation commissioned IT Environmental (Australia) Pty Ltd (IT) to undertake a baseline environmental audit of Lots 22 and 23 (formerly referred to as Lots 5 and 6 respectively), located at 1-13 Friendship Road, Port Botany, for the purpose of providing a report of the contamination status of the site prior to commencement of a new lease.  The baseline audit report prepared by IT (dated 11 October 2002) incorporated the results of previous studies and assessments conducted at the site.

 

The previous investigations conducted by IT (formerly Fluor Daniel GTI) at the subject site included Phase 1 Environmental Audits on Lot 5 and Lot 6.

 

Previous investigations undertaken at the site include:

 

§ Fluor Daniel GTI (1997) Environmental Audit Sydney Ports Corporation 30 Friendship Road (Site 6) Matraville NSW, September 1997.

 

§ Fluor Daniel GTI (1998) Environmental Audit Sydney Ports Corporation 30 Friendship Road (Lot 5) Port Botany NSW, 23 June 1998.

 

§ Fluor Daniel GTI (1998) Environmental Soil Sampling and Drum, Asbestos and Soil Removal 30 Friendship Road, Matraville. Letter report dated 9 January 1998.

 

§ Fluor Daniel GTI (1998) Soil Pile Sampling and Drum Removal Lot 5 Friendship Road, Port Botany. Letter Report dated 16 July 1998.

 

§ GeoEnviro Consultancy Pty. Ltd. (2002) Roadworks Friendship Road, Port Botany . Letter Report dated 11 April 2002.

 

Recommendation of the IT Report:

 

Based on the previous investigations performed on the site, review of environmental aspects of recent activities, interview of Sydney Ports Corporation staff and site inspections, IT Environmental concluded in the baseline audit report that the site appears to be suitable for industrial use.

 

It was recommended that an area of oil staining observed outside the site office be remediated by excavating shallow oil impacted soil.  Validation samples should be collected from the excavation area and tested for TPH, BTEX and PAHs.  The excavated soil should be characterised for landfill disposal.  Once characterised, the oil impacted soil should be disposed to landfill. Once validated, the excavation should be reinstated with validated clean fill. This remediation work will be undertaken by the current tenant.

 

Most of the stockpiles remaining at the site were sampled by FDGTI in 1998 and can be used as clean fill on the site.  IT recommended that a black asphalt stockpile and roadbase stockpile located on site could be used for hardstand or road construction on site.  However, it was recommended any soil requiring offsite disposal should not be disposed of to a landfill without further sampling and waste characterisation according to the NSW EPA (1999) Guidelines for the Assessment, Management and Classification of Liquid and Non-Liquid Wastes.

 

Following implementation of the remediation and validation of the oil stained area, IT Environmental considered that no further environmental investigation is required prior to leasing the site for industrial use.”

Council’s Environmental Health Officer has recommended that a condition of Deferred Commencement Consent be applied requiring the submission of a Statutory Site Audit Statement and Summary Site Audit Report to ensure that the site is suitable for its intended use.

 

10.2     Policy Controls

 

The applicant advises that the shortfall in carparking is minimal relative to the type of use proposed for the site and the nature of its operation. Specifically, the applicant advises that the proposal is predominantly for warehousing which has a very low staff quotient relative to its area. The area that will generate carparking demand, the office component of the proposed warehouses, will amount to a total of 3000 sqm (that is, approximately 8 per cent of the total floor area). Moreover, goods that area stored in the warehouses will be removed from the facility by trucks rather than by individuals arriving at the terminal to claim goods there. Accordingly, the applicant advises that the likely demand for parking will be primarily for staff, which would be met well within the existing proposed numbers.

 

The applicant’s advice is considered reasonable and the shortfall in carparking is considered acceptable.

 

10.3     Master Plan requirements

 

The Master Plan for the subject site was adopted on 23 October 2001 subject to a number of matters being addressed in a revised Master Plan and subsequent development applications for the subject site. A revised Master Plan consistent with the required amendments was approved on 28 October 2001. In addition, all necessary matters have been addressed in the current development application.

 

10.4                 Acid Sulphate Soils

 

The Sydney Ports Corporation has undertaken an acid sulphate soils assessment at Port Botany. Acid sulphate soils were not found to be present in the top 2 metres below ground level and as such the report concludes that acid sulphate soils are unlikely to be present on the site, particularly in the 1 metre below ground level.

 

Notwithstanding the above, the adopted master plan required that:

 

·    Should Acid Sulphate Soils be encountered in the top 1m soil horizon, management measures are to be implemented based on ASSMAC Manual, Acid Sulphate Soils Management Guidelines, August 1998; and

 

·     For works below 1 metre ground level, an Acid Sulphate Soils Management Plan is to be prepared.

 

The condition recommended by Council’s Environmental Health Officer (see Section 6.2 above) is consistent with these Master Plan requirements.

 

10.5                 Site Suitability

 

The subject site is located within Port Botany and is zoned for industrial port-use. The site comprises vacant reclaimed land that is suitable for warehousing/container storage development. The applicant advises that the proposed trade and transport terminal would be operated under a 25-year lease between the Sydney Ports Corporation and P&O Trans Australia. As such, the proposed warehousing and container storage facility are uses that are consistent with the existing port uses and will enhance the continued operation of the Port.

 

10.6                 Urban Design

 

The proposed warehouse buildings will have a maximum height of approximately 12m. The submissions plans indicate that the proposed buildings will have a consistent height, bulk and scale which in the context of the large open nature of the subject site will not be visually dominant. Furthermore, the proposed buildings will not be visually intrusive in the context of adjoining and surrounding uses which, amongst other things, comprise the VOPAK oil tanking facility to the north-west and container handling and terminal facilities to the north and north-east.

 

The proposed warehouses will be constructed of steel frame structure and precast concrete panels, with colour bond wall cladding and roof-sheeting used above the precast concrete panels. Openings in the proposal will comprise doors for fork-lifts and fire doors consistent with the approved revised Master Plan which requires that the articulation of the buildings should be defined in entry and egress and vertical circulation features to minimise building mass.

 

The external treatment of the proposed warehouses will be guided by principles/guidelines contained in the approved revised Master Plan which are as follows:

 

§ Building materials and textures are to reflect the steel, concrete and lightweight sheet metal which already exists within Port Botany.

 

§ Building materials are to be of suitable durability to withstand the harsh climatic conditions associated with the Port.

 

§ The materials to be used in building and structure construction are to reinforce a range of different textures and materials throughout the Port. A range of finishes in concrete and steel and a composite of these materials will ensure variations in the built form while reinforcing the industrial nature of the Port.

 

§ Roof materials and external building cladding to warehousing office and similar buildings shall be sympathetic with the immediate environment and shall not be highly reflective.

 

Accordingly, a condition will be applied requiring the submission of a colour and materials sample board and coloured elevations consistent with the provisions of the approved revised master plan.

 

10.7                 Impact on adjoining development

 

The subject site is located approximately 2 km away from the closest residential area to the north east. As such, the proposed warehouse and container storage facility will have no impact in terms solar access, privacy and views of these residential properties.

 

Potential noise impacts arising from the proposed use have been addressed in a Noise Impact Assessment submitted with the application. Council’s Environmental Health Officer has found the acoustic assessment acceptable subject to suitable conditions should approval be granted.

 

The overall bulk, scale and visual appearance of the proposed extension are considered satisfactory in the context of the existing site and surrounding port uses.

 

10.8                 Landscaping/Open Space

 

A landscape concept plan has been submitted for the proposal which provides for the following landscaping:

 

§ Buffer planting along Fishburn Road to screen the two warehouse buildings facing this road. This buffer will be 7.5m wide consistent with the adopted Master Plan and will be a mixture of tall native trees and lower dense native shrubbery.

§ Avenue and park planting comprising tall native trees along the site border. In line with the adopted Master Plan, avenue planting along the extended section of Friendship Road will be at least 5m wide.

§ Accent planting to accentuate entry and exit points

§ Shrubs and ground-covers

 

The overall landscaping treatment is considered satisfactory to both screen and soften the proposed development.

 

The subject site is not within an area of remnant vegetation nor is it within an area identified for the conservation of native flora and fauna habitat, including any threatened species, populations or ecological communities.

 

10.9                 Traffic & Carparking

 

The applicant advises that the proposal will not require additional carparking as the proposal will involve an increase in 20 assorted ship-based and periodical workers whose use of carparking, if necessary, can be adequately managed.

 

The proposed extension will not involve any road freight movement as the cable products will be loaded directly onto sea vessels at Brotherson Dock via conveyer belts. As such, the proposal is not expected to generate significant additional traffic nor will it require additional carparking (see section 9.2 above).

 

10.10   Ecological Sustainable Development

 

The proposal will make efficient use of industrial land within the site by centralising and co-locating identical port uses. This will allow for shared services for future tenants including import and export functions which overall assists in reducing scale inefficiencies in terms of transportation thus contributing, overall, towards ecological sustainability.

 

11.       CONCLUSION

 

The proposal is permissible in the Industrial 4B zone with Council’s consent. The proposal has a minor shortfall of 10 carparking spaces which is considered acceptable in view of the predominant warehousing use of the subject site and the applicant’s advice that the carparking provision would be adequate for employees of the proposed warehousing development.

 

The proposal is consistent with the adopted Master Plan for the subject site.

 

The subject site is located at a significant distance from residential properties and will therefore have minimal adverse amenity impacts on these properties. Potential noise impacts from the operations of the proposed facility have been addressed in a noise impact statement, which has been found to be acceptable subject to conditions.

 

The application is recommended for deferred commencement approval.

 

RECOMMENDATION:

 

THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0994/2002 for the construction of a new trade and transport terminal comprising 6 warehouses, 2 areas for import and export containers, offices and amenities, associated carparking, internal roads and landscaping at 1-13 Friendship Road, Port Botany, 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 of Planning and Community Development:

 

1.         A Statutory Site Audit Statement (SAS) and Summary Site Audit Report (SSAR) in the format defined by the Contaminated Lands Management Regulation, 1998 having regard to the current development proposal, detailing the site is suitable for its intended use, groundwater, land contamination and off site migration issues have been adequately assessed. The SAS is to be unconditional in that it does not require ongoing monitoring, on going review or remedial works being undertaken.

 

2.         The site audit statement shall be developed and prepared in accordance with the following:

 

a)   The proponent shall engage the services of a site auditor holding current accreditation in accordance with sections 49 and 50 of the Contaminated Land Management Act 1997.

 

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

 

c)   The remediation of the site including ground water must fully comply with all relevant Commonwealth and State Legislation, Regulations and Standards.

 

d)   Any beneficial reuse of material onsite is to be monitored and classified by a suitably experienced environmental specialist, together with the site auditor. Such material must be certified by a Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format defined by the Contaminated Land Management Regulation 1998 and shall be furnished to Council prior to the commencement of building works. The site audit statement issued to Council shall be unconditional, in that it requires no further monitoring, on going review or remedial actions, and shall cover both land and groundwater.

 

e)   The Consultant and Auditor, in their assessment of appropriate soil investigation levels, must take into account all environmental concerns (for example, the potential effects on wildlife) and the protection of ground and surface water.

 

f)    Any new information which comes to light during remediation, demolition or construction works, which has the potential to alter previous conclusions about site contamination, shall be notified to the Council and the Principal Certifying Authority immediately.

 

Evidence required to satisfy the above conditions must be submitted to Council within 12 months of the date of this consent in accordance with Clause 95(3) of the Environmental Planning and Assessment Amendment Regulation 1998, or the consent will lapse.

 

Development Consent Conditions

 

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

 

REFERENCED PLANS:

 

1.         The Development must be implemented substantially in accordance with the plans numbered A1-02B210-D01 Revision C, A1-02B210-D02 Revision C, A1-02B210-D03 Revision C, A1-02B210-P01 Revision B, and A1-02B210-P02 Revision B, stamped received by Council on 25 October 2002, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.         The colours, materials and finishes of the external surfaces to the building are to be compatible with surrounding development to maintain the integrity and amenity of the building and the street scape.

 

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

 

b)         a construction certificate being issued for the proposed development.

 

3.         The stacking of full containers shall be limited to 4 high whilst empty containers shall be limited to 6 high.

 

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

 

4.         An Acid Sulphate Soils Management Plan (ASSMP) is to be prepared by a suitably qualified and experienced consultant and shall be submitted and approved to the Council’s Director of Planning and Community Development prior to a construction certificate being issued for the development in accordance with Section 80A of The Environmental Protection and Assessment Act 1979. The ASSMP is to be based on the Acid Sulphate Soils Management Advisory Committee. Manual, Acid Sulphate Soils Management Guidelines, 1998.

 

5.         Any fill importation to the site is to be monitored and classified by the site auditor appointed for validation/remediation of the site as suitable for this development site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes 1999’.

 

6.         All trucks and service vehicles leaving the site shall go through a suitably constructed “on site” truck wash down area, to ensure no tracking of material occurs from the site onto roads adjoining the site. Details are to be submitted to Council in the Site Management Plan.

 

The following conditions are applied to ensure adequate environmental protection.

 

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

 

·        Occupational health and Safety Act 1983 (NSW)

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

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

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

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

 

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:

 

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

 

9.         A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council following one month of the 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.

 

10.       The use and 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, Richard Heggie Associates Pty Ltd dated 21 October 2002 makes reference to the set criteria as outlined in the “Noise Impact Assessment”, prepared. Namely, the project specific goals are as follows:

 

§ LAeq (15 minute) noise emissions from the facility should not exceed 52 dBA, 45 dBA and 40 dBA (day, evening and night-time periods respectively) at the nearest residential boundaries.

§ LAeq(15 minute) noise emissions from the facility should not exceed 65 dBA (any time of the day) at the nearest commercial/industrial boundaries.

 

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

 

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

 

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

 

13.       All chemicals shall be stored in accordance with:

 

§ Australian Standard AS 940-1993. The Storage and Handling of Flammable and Combustible Liquids

§ Environment Protection Authority’s Environment Protection Manual for Authorised Officers: Technical Section (Bunding and spill management)

 

14.       Hazardous waste, liquid waste, asbestos or asbestos products and dangerous goods not being stored or processed at the site.

 

15.       All occupiers being responsible to ensure that all liquid wastes associated with the business are disposed of in accordance with the Environment Protection Authority’s Waste Tracking Guidelines as described in the Environment Protection Authority’s Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (199) and the Protection of the Environment Operations Act, 1997 (NSW).

 

16.       Sufficient supplies of appropriate absorbent materials and/or other spill clean up equipment shall be kept on site to recover any liquid spillage. Liquid spills being cleaned up using dry methods only.

 

17.       An Emergency Response Management Plan being prepared and submitted to Council’s satisfaction before the issue of the Occupation Certificate. The plan shall include the following:

 

§ list of chemicals and maximum quantities permitted to be stored at the site at anyone time;

§ identification of potentially hazardous situations;

§ procedure for incident reporting;

§ details of spill stations and signage;

§ containment and clean-up facilities and procedures; and

§ the roles of all staff in the Plan and details of staff training.

 

18.       The fuel filling area being designed and operated in accordance with:

 

§ Australian Standard AS 1940 – 1993 “The storage and handling of flammable and combustible liquids”

§ Council’s Storm water Management Plan; and

§ Environment Protection Authority’s Environmental Guideline: Surface Water

§ Management on the Covered Forecourt Areas of Service Stations.

 

19.       Sign(s) being displayed and maintained adjacent to all storm water drains on the

            premises, clearly indicating ‘Clean water only – NO wastewater or rubbish’.

 

20.       Liquid and solid wastes generated on the site being collected, transported and disposed of in accordance with the Protection of the Environment Operations Act, 1997. Records shall be kept of all waste disposal from the site.

 

21.       The open parking area(s) and paved areas must drain to a storm water treatment device capable of removing litter, oil, grease and sediment prior to discharge to the storm water system, complying with:

 

§ Council’s Storm water Management Policy;

§ Environment Protection Authority’s Environment Protection Manual for Authorised Officers: Technical Section (Storm water First Flush Pollution);and

§ Environment Protection Authority’s Managing Urban Storm water: treatment

      techniques.

 

Details of which are to be submitted and approved by the Principal Certifying Authority prior to a Construction Certificate being issued.

 

                The storm water treatment device(s) being maintained at all times to Council’s

            satisfaction.

 

22.       The operation of the premises being conducted in a manner which does not pollute

            waters as defined by the Protection of the Environment Operations Act, 1997.

 

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

 

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

 

a)         $2000.00         -           Security damage deposit

 

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

 

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

 

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

 

a)         $2000.00         -           Vehicular crossing deposit

 

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

 

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

 

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

 

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

 

26.       The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's 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 roadway.

 

27.       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.

 

28.       All car parking spaces must be a minimum 2.5 metres x 5.5 metres with 6.2 metre aisle widths.

 

29.       Two disabled parking spaces are to be provided on the site with a minimum width of 3.2 metres.

 

30.       All internal roads must be linemarked with pavement arrows indicating direction of traffic flow.

 

31.       Internal roadways shall be of adequate width to accommodate turn paths of eth largest vehicle using the site.

 

32.       The entry and exit driveways must be a minimum of 8 metres wide each with a 3 metre separation. The internal roads must be a minimum of 4.5 metres wide for one way traffic and 6.5 metres for two way flow. These can be narrowed to 4.0 metres at the boom gate to enhance security. The plans submitted for the construction certificate shall demonstrate compliance with this condition.

 

33.       The proposed boom gate at the vehicular entrance to the site shall be a minimum of 30 metres from the property boundary to prevent vehicles queuing onto Friendship Road. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

34.       The applicant shall meet the full cost for the installation of ‘No Stopping’ signposting along the site frontage in Friendship Road to Council’s satisfaction. This condition has been attached to improve sight distance for vehicles exiting the site, and to improve manoeuvring room for trucks turning into the site.

 

35.       Prior to the issuing of a construction certificate, an electronic copy of traffic modeling for the Botany Road/Bumborah Point Road intersection which includes current traffic plus proposed development traffic is to be forwarded to the RTA’s Development Assessment Unit for assessment and verification of the right turn bay’s capacity. Should the capacity of the right turn bay be inadequate, the applicant shall meet the full cost for Council or a Council approved contractor to increase the size of the turning bay and/or upgrade the intersection as required by the RTA.

 

36.       All heavy vehicles shall access the development via Bumborah Point Road and Botany Road.

 

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 the new driveway accesses off Friendship Road shall be:

 

·    50 mm above the top of the existing kerb along the full site frontage.

 

Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department on 9399 0919.

 

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

 

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 $792 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.

 

42.       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.

 

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

 

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

 

44.       Site stormwater drainage details shall be generally in accordance with the submitted concept drainage plan No. 00170-02REF, dated 2/10/2002 by Sydney Ports Corporation and supporting documentation contained in Appendix D of the statement of environmental affects.

 

45.       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 and the Sydney Ports Corporation prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

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

 

b)         A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes,

 

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

 

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

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

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

 

46.       Prior to site stormwater being discharged from the site it shall be taken through pollutant traps capable of removing gross pollutants, oil, grease, sediments and silts. Details of the proposed pollutant traps together with a maintenance schedule shall be submitted to the certifying authority for approval prior to the issuing of a construction certificate.

 

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

 

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

 

49.       The fuel dispensing area shall be covered and graded and drained to the sewer to the requirements of Sydney Water.

 

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

 

50.       Prior to the accredited certifier issuing an occupation certificate for the proposed development, a Waste Management Plan is to be submitted to Council and approved by Council's Manager of Waste Services.

 

In accordance with the Molineux Point Master Plan Guidelines, the Waste Management Plan shall:

 

a)   Include reuse strategies and targets for waste planning for the facility;

b)   Detail the type and quantity of waste to be generated by the proposed use;

c)   Detail the facilities and procedures for the storage, collection, recycling and disposal of waste.

d)   Include a diagram detailing the location and specifications of the garbage and recycling storage areas.

 

51.       The garbage storage areas shall be provided with a tap and hose and the floor areas shall be graded and drained to the sewer to the requirements of Sydney Water.

 

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

 

52.       The landscaped areas shown on the Landscape Concept Plan number LS1C, dated October 2002 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). 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), 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 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.          The landscape plan shall show a minimum number of 30 x 200 litre broad canopied trees (not palm) suitably located within the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

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 plans.

 

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 (if any).

 

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

 

Documentary evidence is to be obtained from a suitably qualified Landscape Architect and submitted to the principal certifying authority (PCA) (and the Council, if the Council is not the PCA) prior to the issuing of a final occupation certificate which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

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

 

55.       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.

 

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

 

57.       Any 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 any 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 all trees within the site.

 

59.       A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $20,000.00 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 the Principal Certifying Authority.

 

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.

 

60.       In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Asset & Infrastructure Department to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl.GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

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

 

Advisory Conditions

 

A1.      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

A2.      Prior to undertaking any works along the property boundary in Simblist Road and Friendship Road (other than the new vehicular entry shown on the submitted plans), the applicant is advised to contact Council’s Asset and Infrastructure Services Department to obtain alignment levels.

 

 

ATTACHMENT/S:

 

A4 Reduced plans

 

 

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SIMA TRUUVERT

DAVID ONGKILLI

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Director Planning & Community Development's Report 115/2002

 

 

SUBJECT:

1430 Anzac Parade,  LITTLE BAY

 

 

DATE:

11 December, 2002

FILE NO:

D/0948/2002

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

INTRODUCTION:

 

Attached is the Development Assessment Report for Development Application No. 948/02 for demolition and partial demolition of existing buildings in the Prince Henry site at 1430 Anzac Parade, Little Bay for Councils consideration and determination.

 

RECOMMENDATION:

 

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

 

 

 

ATTACHMENT/S:

 

1.  Development Application Report dated 6/12/2002

2.  List of buildings proposed to be demolished and partially demolished.

3.  A4 Attachment 

 

 

………………………………

………………………………

 

DAVID ONGKILLI

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

6 December, 2002

FILE NO:

D/0948/2002

 

PROPOSAL:

 Demolition and partial demolition of existing buildings in the Prince Henry site.

PROPERTY:

 1430 Anzac Parade, Little Bay

WARD:

 South Ward

APPLICANT:

 LANDCOM

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Committee as it is valued at $7 million.

 

It is proposed to demolish 39 buildings and structures, and partially demolish 13 buildings and structures, in the Prince Henry site as a prelude to the redevelopment of the site for residential, community, open space and some retail/commercial purposes.

 

The Prince Henry site is identified as a Heritage Conservation Area in the Randwick Local Environmental Plan 1998. It has also been identified as a place of State heritage significance. A nomination for listing on the State Heritage Register is currently being processed by the NSW Heritage Office.

 

A Master Plan for the redevelopment of the Prince Henry site for residential redevelopment with ancillary community, open space and retail/commercial uses was adopted by Council on 27 November 2001. In conjunction with the Master Plan, a Stage 1 Conservation Plan, and Heritage Impact Statement prepared by Godden Mackay Logan  was also adopted for the site. The Stage 1 Conservation Plan and Heritage Impact Statement classified the existing buildings on site in the following order of significance: Exceptional, High, Moderate, Little and Intrusive. The proposal will retain and conserve all buildings of exceptional and high significance. The buildings proposed to be demolished are the same buildings that were identified in the Stage 1 Conservation Plan and Heritage Impact Statement adopted with the Master Plan as being moderate, little or intrusive in significance.

 

Pursuant to the recommendations of the adopted Master Plan, a Conservation Management Plan was prepared in May 2002, and an Archaeological Management Plan in August 2002. The Conservation Management Plan expands on the Stage 1 Conservation Plan, identifies the relevant statutory heritage planning controls for the site, and contains policies to minimise or avoid potential adverse development impacts on heritage significant buildings and features. The Archaeological Management Plan identifies both Aboriginal and Historical archaeological items and zones of sensitivity and includes recommendations about archaeological investigation, recording, post-excavation analysis and interpretation of significant archaeological resources. The NSW Heritage Office has endorsed both the Conservation Management Plan and the Archaeological Management Plan.

 

In view of the site’s heritage significance, the application has been accompanied by a Heritage Impact Statement prepared by Godden Mackay Logan, which makes reference to the Stage 1 Conservation Plan and the Heritage Impact Statement adopted with the approved Master Plan. Council’s Heritage Planner has assessed the Heritage Impact Statement and finds the proposed demolition works to be consistent with the Stage 1 Conservation Plan and Heritage Impact Statement adopted with the Master Plan and complies with the Conservation Policies contained in the Conservation Management Plan and the Archaeological Management Plan. The mitigative measures identified by Godden Mackay Logan in the current Heritage Impact Statement are found to be adequate and acceptable subject to inclusion of these measures as conditions of consent.

 

The proposal has been referred to the NSW Heritage Office for comment. The Heritage Office has raised no objections to the application subject to conditions comprising additional mitigative measures to protect the heritage significance of the site, its built and landscape elements and their settings.

 

To reduce the risk of contamination of surrounding buildings and land from asbestos and lead in the existing buildings that are proposed to be demolished, the applicant will be required to submit a work plan outlining the precautionary measures to deal with potential contamination of asbestos and lead during demolition works. Accordingly, a deferred commencement condition will be applied for the submission of the workplan should approval be granted.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal is for the demolition of 39 existing buildings and structure, and partial demolition of 13 buildings and structures, in the Prince Henry site. The list of buildings and structures proposed to be demolished and partially demolished is shown in Attachment 1. The demolition works will be carried out in two stages as follows:

 

Demolition:

 

§ Stage 1A - 37 buildings/structures

§ Stage 2A - 2 buildings/structures

 

Partial demolition:

 

§ Stage 1B - 5 buildings/structures plus tennis court fences

§ Stage 2B - 8 buildings/structures (associated with heritage buildings to be retained, with the exception of one free-standing).

 

The proposal also involves erection of temporary structures; storage of significant fabric for reuse or interpretation purposes; storage, cleaning and some recycling of demolished materials; use of retained buildings for temporary purposes; avoidance of historic roads by vehicles associated with demolition; and provision of continued vehicular access for site occupants. 

 

The applicant advises that demolition works will be staged over a period of approximately 9-12 months. The demolition works will be limited to above ground fabric, and will not involve fabric below ground. A Master Program and Site Co-ordination Plan is proposed to be prepared by the demolition contractor which will detail all activities to be undertaken and how issues would be dealt with. A condition will be applied requiring the submission of this Plan to Council prior to the commencement of works.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The Prince Henry site is located on the eastern side of Anzac Parade at No. 1430 Anzac Parade, Little Bay. The section of the Prince Henry site which is to be redeveloped under the adopted Master Plan contains the buildings that are proposed to be demolished and is approximately 33.58 ha. This Master Plan site is bounded to the north by the University of NSW Research facility, to the east by the Coast Golf Course and University of NSW School of Management, to the south by the St. Michael’s Golf Course and Golf Driving Range and to the west by Anzac Parade and Jennifer Street.

 

Existing on site is a diverse collection of some 60 buildings and structures, 19 of which have heritage significance which are proposed to be retained and re-used. The treatment of these buildings have been addressed in the Stage 1 Conservation Plan and the Archaeological Management Plan prepared and adopted for the site.

 

The subject site is located within a Heritage Conservation Area under the Randwick Local Environmental Plan 1998. The site also encompasses aboriginal, natural, landscape and built heritage values. The built heritage on the site includes many buildings, which were part of the former Coast and Prince Henry Hospitals on the site. The site and a number of buildings on the site have been proposed for listing on the State Heritage Register. 

 

4.    SITE HISTORY

 

4.1       APPLICATION HISTORY

 

The development application follows the submission and adoption of a Master Plan for the subject site on 27 November 2001. The adopted Master Plan provides for the following:

 

§ a residential redevelopment of the site for 919 dwellings

§ 3060 sqm of new commercial/retail floor area

§ accommodation for a number of community organizations, including the Trained Nurses Association, within a number of the existing Flowers Ward buildings,

§ the heritage conservation of buildings, areas and features identified as exception/high heritage significant

§ a system of open spaces including areas of remnant bushland retention

 

4.2       HISTORY OF SITE USEAGE

 

The Prince Henry Hospital site was originally established as the Coast Hospital in 1880 and grew to provide a range of medical services becoming a major public teaching hospital and later developing a specialist function in the treatment of spinal injury. It changed its name to Prince Henry Hospital in 1964. In the late 1990s the State government announced the decommissioning of the hospital commencing with the transfer of all hospital facilities to the Prince of Wales Hospital and redevelopment of the site by Landcom. In September 2001, Landcom submitted a Master Plan primarily for residential redevelopment of the site with associated open space, community and retail/commercial uses and heritage conservation, which was subsequently adopted on 27 November 2001.

 

A development application for the use of Flowers Ward 1 and the Henry’s Trading Post building to house the proposed museum for the Trained Nurses Association was approved on 8 October 2002.

 

A development application (DA No. 1061/2002) is currently with Council for the upgrade and construction of an accessway to Little Bay Beach.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

C Abela, 1587 Anzac Parade, 2036 (on behalf of La Perouse Precinct Committee)

 

·     The Administration Building (located near the front gate) is of high historic and heritage significance and should not be demolished.

 

J Batty, no address given (on behalf of the Health & Research Employees Association, Prince Henry Hospital Branch)

 

·     The Administration Building (located near the front gate) is of high historic and heritage significance and should not be demolished.

 

5.2       Support

 

D. Low, UNSW, Campus Services Building B14a, Gate 2 High Street, Kensington (on behalf of UNSW)

 

The UNSW supports the proposal subject to:

 

·     Services in the adjoining UNSW facilities remaining undisrupted

·     Vehicular and pedestrian access to UNSW facilities not be compromised

·     Operations and experiments in the UNSW facilities not be affected by noise and vibration.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Building and Construction Issues

 

No objections are raised to the application in relation to building issues subject to conditions should approval be granted.

 

6.2       Environmental Health Issues

 

Council’s Environmental Health Officer advises as follows:

 

“Contamination

 

Three buildings, that being the Animal Breeding and Holding Sheds (Former Returned Soldiers Isolation Ward), the Animal Breeding and Holding Sheds (Former Kitchen and Ancillary Building) and the Former Nurses Quarters/Sewing Room within the Masterplan have not been included in this application due to the land contamination issues that have been raised within site investigation reports that have been conducted.

 

Contamination issues therefore are to be addressed upon submission of further development applications in regards to the above three buildings. Further, discussions held with Council’s Strategic Planner, Anthony Watson, revealed that a Site Audit Statement and a Site Audit report (for the whole of the development site) have been requested upon completion of the works on the entire site.

 

Asbestos/Lead

 

During the demolition of the subject buildings, it is considered that a high risk exists for the contamination of surrounding buildings and land from asbestos and lead. Should extreme precautions not be taken during the demolition stage, it is considered that major remedial action will be required in the future prior to a site audit statement and a site audit report being provided.

 

A condition should therefore be imposed requiring the submission of a work plan (outlining the proposed precautions in regards to potential asbestos and lead contamination) prior to the works commencing.  This work plan is to have the written concurrence of the site auditor.”

 

6.3  Waste Management Issues

 

The Manager of Waste advises as follows:

 

“Section 3.4 of the Statement of Environmental Effects prepared for the property described above by Gary Shiels & Associates for Landcom and dated October 2002 states:

 

Recycling Building Materials – the proposal aims to maximise recycling building material, which will involve crushing and stockpiling. Materials will be stored in suitable area, such as the sites of demolished buildings. The remainder of the materials will be trucked from the site for re-use or disposal.

 

In this regard Council requests a waste management plan detailing the type and volume of waste to be generated, proposed re-use and storage, proposed recycling arrangements and methods of disposal. The waste management plan should be submitted to Council for consideration prior to the application for a construction certificate”. (As the subject application is a Crown Application, a Construction Certificate is not required for the site. The waste management condition will be worded “prior to commencement of works”)

 

6.4       Landscape Issues

 

Council Department of Assets and Infrastructure Services advises as follows:

 

“There are a significant number of trees and palms, covered by Council’s Tree Preservation Order, that may be affected by the proposed demolition works. The demolition plan submitted does not show any trees or palms at all. As such it is recommended that permission be granted for the removal of any trees or palms located within 1 metre of any existing structure proposed for demolition excluding those Phoenix canariensis (Canary Islands Date Palms) and Erythrina x sykesii (Coral Trees) that form part of the avenue planting adjacent to Pine Cottage.

 

Further to that, any trees or palms within 1-5 metres of an existing structure proposed for demolition will be required to be retained and protected as part of this application. Tree protection measures will be required and the applicant will be required to contact Council’s Landscape Architect to carry out an inspection of the tree protection measures, prior to the commencement of demolition works.”

 

6.5       Traffic/Parking Issues

 

Council Traffic Engineer advises as follows:

 

“In response to the report from Council’s Traffic Engineer dated 23 October 2002, a Demolition Traffic Management Plan has been received in relation to the proposed demolition works. Council’s Traffic Engineer has reviewed the submitted plan and provides the following comments:

 

‘The Demolition Traffic Management Plan advises that there will be 40 vehicle trips/day generated by the demolition works and that it will be over a 9 to 12 month period. In earlier discussions, Council traffic engineers informed the applicant that they did not support the use of Jennifer Street as a demolition route due to the effect on local residents. The Demolition TMP has addressed this concern and indicates that the following Randwick LGA roads will be used to provide access to the Pine Avenue and the northern access driveway entrances to the site:

 

Anzac Parade, Bunnerong Road, Botany Road and Beauchamp Road 

 

These roads are all classified as State or Regional Roads that can cater for the demolition traffic generated by the site with minimal impact.    

 

The traffic route within the site will use only a short length of Pine Avenue and then use Jenner Street or Brodie Avenue. Given the narrow widths of these internal roads, RTA certified traffic controllers shall be used throughout the demolition period, to prevent conflict of passing traffic.’

 

Overall the proposed access route is considered appropriate for the demolition traffic.”

 

6.6       Heritage Issues

 

The Heritage Planner advises as follows:

 

Background

The subject site is located within the Botany Bay National Park Conservation Area under Randwick Local Environmental Plan 1998.  The site and a number of buildings on it have been proposed for listing on the State Heritage Register.  The site has been the subject of a Conservation Management Plan (CMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan for residential use of the former hospital site.

 

The site encompasses aboriginal, natural, landscape and built heritage values.  The built heritage on the site includes many buildings which were part of the former Coast and Prince Henry Hospitals on the site.

 

The Proposal

The application proposes the demolition of 41 of buildings within the site, and partial demolition of a further 5 buildings, in accordance with the approved Master Plan for the site.  The proposal also involves erection of temporary structures; storage of significant fabric for reuse or interpretation purposes; storage, cleaning and some recycling of demolished materials; use of retained buildings for temporary purposes; avoidance of historic roads by vehicles associated with demolition; and provision of continued vehicular access for site occupants.  The demolition works will be limited to above ground fabric, and will not involve fabric below ground.

 

The Submission

The application has been accompanied by a Heritage Impact Statement prepared by Godden Mackay Logan, which makes reference to the September 2001 Heritage Impact Statement, and compliance with the Conservation Policies contained in the Stage 1 Conservation Management Plan (CMP) and the Archaeological Management Plan (AMP).  The submission also includes a Schedule of Assessment and management Requirements for Historical Archaeology and a Table of Components of Demolished built Elements to be Retained.  GML have provided input into the Statement of Environmental Effects for the current development application and have advised that they will continue to provide input into the Site Co-ordination Plan.

 

Consultation

The NSW Heritage Office have requested that all development applications for the Prince Henry site be referred to them.  A copy of the proposal, together with this memo, including recommended consent conditions, have been forwarded to Noni Boyd at the NSW Heritage Office, inviting comment.  A copy of with this memo, including recommended consent conditions, has also been forwarded to Noni Boyd.

 

Comments

The Heritage Impact Statement which accompanied the Master Plan concluded that the demolitions which were proposed would not impact on the built and landscape heritage of the site, not on its archaeological values.  The HIS for the current proposal makes reference to thee consideration of the Master Plan and associated HIS by the NSW Heritage Office and by Randwick City Council.  It is noted that the Heritage Office made recommendations for a number of Master Plan consent conditions in relation to archaeological issues.

 

The HIS has identified a range of potential heritage impacts arising out of the proposed demolitions and partial demolitions, including alteration of the institutional character of the site, demolition of a small number of buildings having moderate or high significance, potential loss of relics, the displacement of a number of community groups, modifications to retained significant buildings for temporary use, temporary structures and infrastructure requirements, partial demolition which could damage significant fabric, effect of dust and sediment, access by demolitions vehicles on existing roads and new roads, and removal of demolished material.

 

In relation to Conservation on the basis of significance, the HIS notes that the proposal will maintain sufficient elements to allow an understanding of the previous use of the site as a hospital, and which are valued by the community, including the local Aboriginal community.  The proposal will retain and conserve all buildings of exceptional or high significance, but five buildings of moderate significance are to be demolished, and a number of more significant buildings partially demolished.  Care will need to be taken to ensure the partial demolition conserves remaining significant fabric.  The HIS recommends that a Specific Elements Conservation Policies (SECPs) be required for future works to significant buildings and the Master Program and Site Co-ordination Plan to protect and mitigate adverse impact on significant fabric.

 

In relation to Conservation of the significance of the site as a whole, the HIS recommends that a separate Interpretation Plan, detailing the history and significance of the site be prepared using the Framework for Interpretation contained in the CMP.

 

In relation to Conservation of significant site features, the proposed demolition works will respect the significance of the structure and layout of the site by retaining sufficient built and landscape elements of heritage significance, including the historic core.  The proposal will respect the significance of the historic precinct by removal of a number of intrusive elements, however some significant fabric is also to be removed.  The HIS considers however that such partial demolition will not significantly impact on heritage values.  The proposal will respect the significance of the historic road alignments by retaining these alignments and associated elements and features.  In relation to significance of historic road alignments, the HIS recommends that a Specific Elements Conservation Policies (SECPs) be prepared for historic roads affected in the Master Program and Site Co-ordination Plan, prior to commencement of demolition works to ensure that significant fabric is protected from damage during the demolition works.  In relation to significance of built elements and their settings, these will be respected by enhancing visual relationships between buildings and groups of buildings, and by recovering views and links within the site.  The HIS includes a Table of Components of Demolished Built Elements to be Retained.  The HIS also recommends that if archival recording of buildings is not completed prior to handover of the site from the SEAHS to Landcom, that a method statement be incorporated in the Master Program and Site Co-ordination Plan.  In relation to temporary use of significant buildings, the HIS recommends that these uses are in accordance with the CMP and any SECPs for these buildings.

 

In relation to Conservation of significant Built Elements, the proposal includes the demolition of the following buildings of ‘moderate’ significance:

Outpatients and Administration building

Former Chief Executive Officer’s Residence

Ward 11

Resident Medical Officer’s Residence

Rehabilitation Medicine Centre

The HIS notes that the recognised conservation processes allow for factors such as physical condition, planning and management constraints and financial resources, in addition to heritage significance.  The HIS concludes that given the number of significant buildings and landscape features being retained, that the removal of these buildings could not be regarded as a major heritage impact.

 

In relation to Conservation of significant features of the Natural and Cultural landscape, the HIS notes that the demolition of ‘the Golden Mile’ will allow the recovery of views of the coastal scenery from the Flowers Wards.  The HIS recommends that the significant landscape elements, including areas of indigenous vegetation, coastal scenery, sandstone outcrops, ornamental plantings, , spaces, views, vistas and layout, be the subject of protective measures to be set out in the Master Program and Site Co-ordination Plan.

 

In relation to the Management of Geological Heritage, the HIS considers that the proposed demolition works are unlikely to directly impact on the Critical Exposure Area, Cleared Area of Paleovalley that make up the Little Bay Geological Site.  If the Master Program and Site Co-ordination Plan identifies any works in the vicinity, such as access roads and temporary fencing, then a SECP policy would need to be developed.

 

In relation to Management of Archaeological Sites and Archaeological Potential, the HIS includes sections on Aboriginal and Historical Archaeology, but concludes that provided recommendations of the HIS, the CMP and the AMP are carried through in the Master Program and Site Co-ordination Plan, then the demolition proposal is consistent with the AMP.  In relation to Aboriginal archaeology, the HIS notes that none of the demolition will take place within the Very High Sensitivity zone identified in the AMP.  If the Master Program and Site Co-ordination Plan identify any demolition as threatening documented or identified sites, then site specific assessment and applications to the NPWS may be necessary.  Much of the demolition is within the High Sensitivity Zone (Zone 2), likely to contain engravings and axe grinding grooves on obscured or below ground sandstone surfaces.  The HIS recommends that prior to subsurface disturbance of open spaces and areas within the footprint of smaller structures constructed without basements and extensive footings, that site specific assessment be carried out and appropriate NPWS permits be sought.  The HIS recommends that other areas within Zone 2 be subject to monitoring and appropriate NPWS permits be sought.  Demolition works should therefore be subject to monitoring in order to manage impacts.  In relation to Historical Archaeology, the HIS notes that excavation works are not proposed as part of the development application.  If however the Master Program and Site Co-ordination Plan identify any excavation works, then potential archaeological impacts should be assessed in detail and appropriate Heritage Council/Randwick Council permits sought.  The HIS however, also includes a schedule of buildings and structures which require and do not require further archaeological investigation and assessment to be undertaken in conjunction with the Master Program and Site Co-ordination Plan.

 

In relation to conservation of Industrial Relics and Moveable Items, the HIS notes that the Museum is to co-ordinate the management of relics and moveable items at the site.  In relation to moveable items of Aboriginal archaeological significance, the HIS notes that the proposal has the potential to uncover additional Aboriginal artefacts subsequently collected or excavated from the site.  If discovered, liaison should take place with the La Perouse Local Aboriginal Land Council and the NPWS.  In relation to moveable items of historical archaeological significance, the HIS notes that a number of identified items may be affected and further artefacts could also be uncovered.  Such identified and potential additional items should be recorded in situ prior to removal to a secure location for subsequent reinstatement or site interpretation.  In relation to other moveable items in buildings which are to be demolished, it is anticipated that all moveable items are to be removed prior to handover of the site.  If this does not occur, then moveable items are to be recorded in situ prior to removal to a secure location for subsequent reinstatement or site interpretation.

 

In relation to alternatives to demolition, the HIS notes that this issues was addressed when the Master Plan was prepared and assessed, and it was concluded that there were no viable alternatives to demolition.

 

Recommendations

The HIS recommends a comprehensive and detailed range of mitigative measures covering general issues, setting and views, external fabric and spaces and internal fabric and spaces.  These measures will mitigate adverse heritage impacts and ensure consistency with the CMP, AMP, SECP and Council’s heritage controls.  It is recommended that these be included as consent conditions:

 

§ Ongoing consultation with the La Perouse Aboriginal community should be undertaken regarding the conservation and management of sites valued by the Aboriginal community.

 

§ An archival recording those buildings to be demolished or partially demolished should be prepared and submitted to and approved by Council prior to the commencement of any demolition works.  The recording should be undertaken in accordance with the NSW Heritage Office guidelines for a site of State significance and in accordance with recommended program for archival recording in the CMP.

 

§ Appropriate protective measures to ensure that significant built and landscape elements and their fabric are not damaged during the partial demolition of some buildings should be included in the Master Program and Site Co-ordination Plan.  Details of protective measures are to be submitted to Council for approval prior to the commencement of any demolition works.

 

§ Elements or fabric of potential heritage significance contained within those buildings to be demolished are to be salvaged and stored on site for potential future re-instatement of missing components and/or for interpretation purposes in retained buildings or sections of buildings, in accordance with the Table of Components of Demolished Buildings to be Retained, prepared by Godden Mackay Logan.

 

§ Further archaeological assessments should be undertaken on a site-specific basis where required in accordance with the Archaeological Management Plan, commensurate with graded zones of archaeological significance.  Such management may involve liaison with the local Aboriginal community, archaeological monitoring and appropriate excavation permits.

 

§ Management of the Aboriginal and historical archaeological resources within the Prince Henry site should be consistent with those processes set down in the Archaeological Management Plan (AMP).

 

§ Any moveable items of historical archaeological significance should be recorded in situ prior to removal to a secure location for subsequent reinstatement or site interpretation.

 

§ An Interpretation Plan for the Prince Henry site should be prepared to provide detailed information about the way in which the heritage significance of the Prince Henry site can be interpreted, using the recommendations and framework for interpretation set out in the CMP.  Details of the interpretation plan for the building shall be to be submitted to and approved by Council prior to the commencement of any demolition works.

 

§ A separate Specific Elements Conservation Policy should be prepared for the historic roads that would be affected by the proposed demolition works to ensure that their significance is not affected.  This Conservation Policy shall be to be submitted to and approved by Council prior to the commencement of any demolition works.

 

§ A separate Specific Elements Conservation Policy should be prepared for those significant buildings that would remain (of moderate or greater significance) prior to any works to the buildings that may be required to accommodate their temporary use.  This Conservation Policy shall be to be submitted to and approved by Council prior to the commencement of any demolition works.

 

§ Appropriate protective measures to ensure that significant built and landscape elements and their fabric are not damaged during demolition works should be included in the Master Program and Site Co-ordination Plan, to be submitted to Council prior to the commencement of any demolition works.

 

§ If demolition works, including access roads and temporary fencing, are to occur in the vicinity of the Little Bay Geological Site, then a separate Specific Elements Conservation Policy should be prepared, which is to include liaison with the University of New South Wales, the Heritage Council of NSW and Randwick Council, to define the specific conservation needs on both sides of the boundary.

 

§ The results of any test drilling or excavating within the possible extent of the Paleovalley should be made available for further scientific research.”

 

6.8  Issues Raised by External Bodies

 

6.8.1    NSW Heritage Office

 

The following comments were received from the Assistant Director of the NSW Heritage Office:

 

“As delegate of the NSW Heritage Council, I have considered the above application and the draft conditions of consent provided by Randwick Council and hereby recommend to Randwick Council that in addition to the draft conditions of consent prepared by Randwick Council, and subject to the final endorsement by the Heritage Office of the Stage II CMP, the application should be approved with the following conditions:

 

1.         All works are to be undertaken in accordance with the recommendations set out in the August 2002 Heritage Impact Statement prepared by Godden Mackay Logan with the following additions:

 

1.1 If any archaeological relics are uncovered during the course of the work, then works shall cease immediately in that area and the NSW Heritage Office shall be contacted.  Depending on the possible significance of the relics an archaeological assessment and an excavation permit under the NSW Heritage Act, may be required before further works can be considered in that area.

 

1.2 Prior to the demolition of the kitchen wing of the Matron Dickson Building, a Specific Elements Conservation Plan (SECP) is to be prepared and approved for the building and its setting.   Demolition must be in accordance with the endorsed Conservation Policies.

 

1.3 Consider the retention of the Administration Building, which has been identified as being of moderate significance.

 

1.4 The significance of elements within the curtilage of each specific heritage item, and any moveable items, should be included in the Specific Elements Conservation Plan (SECP).

 

1.5 A description of the characteristic features of the building type and a  conservation policy for that building type, for example ward pavilions, that demonstrates an understanding of the building’s typology is to be included in the Specific Elements Conservation Plan (SECP).

 

1.6 In addition to the Specific Element Conservation Plans, a Statement of Heritage Impact is to be prepared for works to items of moderate and higher significance where it is proposed that significant fabric is to be modified for temporary uses.  Both documents are to be submitted for approval.

 

1.7 An illustrated catalogue of salvaged items is to be maintained, which records their provenance and storage location.   A system of tagging significant items to be retained in situ or relocated is to be developed and included in the Master Program & Site Co-ordination Plan.  This catalogue is to form part of the archival record.

 

1.8 The extent of demolition required to remove intrusive elements and items of little significance from significant items is to be developed in consultation with the Heritage Consultant, to minimise damage to surrounding fabric of higher significance.

 

1.9 The Archival Record is to include evidence of significant earlier configurations of the buildings discovered in the course of the partial demolition works.  It is also to record the sites at selected intervals during the demolition and on completion of demolition.

 

1.10     The Archival Record is to contain a summary outlining any findings that should be included in any future upgrades of the CMP.

 

1.11     Copies of the Archival Recording are to be lodged with Landcom, the on site Museum, the Dept. of Health and the Heritage Office.

 

1.12     The interpretation plan for the site should also include interpretation of the following:

 

§ Evidence of the day to day operations of the site, and the facilities provided for staff;

 

§ The impact of changes in medical knowledge on treatment at the site, including the beliefs regarding the importance of sunlight and fresh air.

 

§ Diseases which have been eradicated in Australia, which were treated        at this site.      

 

§ The use of the pavilion hospital plan, and nightingale wards and the associated garden setting.”

 

7.         MASTERPLAN REQUIREMENTS:

 

A Master Plan for residential redevelopment and community, open space and retail/commercial uses was adopted by Council on 27 November 2001 subject to a number of variations and requirements for submission of future development applications. The adopted Master Plan included a Stage 1 Conservation Plan and a Heritage Impact Assessment, the terms of which have been enabled under the adopted Master Plan.

 

8.         STATUTORY CONTROLS

 

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

 

8.1       Randwick Local Environmental Plan 1998

 

Under the Randwick Local Environmental Plan 1998, the subject site is zoned Residential Special Uses 5. The proposed development is permissible with Council’s consent in the zone. The proposal relates to the following Clauses of the LEP 1998 in the following manner:-

 

Randwick Local Environmental Plan 1998

Clause No.

Requirement

Provided

Compliance

30 – Min. Lot Size

Nil

The proposed demolition works will occur on the whole of the Master Plan area of the Prince Henry site.

N.A.

31 - Landscape Area

Nil

The proposed demolition works will not change the landscape areas adopted in the Master Plan.

N.A.

32 – FSR

0.5:1 only for residential use

The proposal is for demolition of existing buildings.

N.A.

33 - Building Height

Nil

The proposal is for demolition of existing buildings..

N.A.

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

Not in a Foreshore Scenic Protection Area.

N.A.

43

Heritage Item or in Heritage Conservation Area

Yes – Subject site is a Heritage Conservation Area.

A Heritage Impact Statement has been submitted with the application. 

46

Vicinity of Heritage Item

No heritage items in the vicinity.

N.A.

 

The proposal is development under Section 91A of the Environmental Planning and Assessment Act (Crown development).

 

9.         POLICY CONTROLS

 

The following policy guidelines apply to the subject site:

 

·     Development Control Plan - Parking

·     Draft Development Control  - Prince Henry Site

 

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     Statutory Controls

 

10.1.1  Randwick Local Environmental Plan 1998

 

The proposal is permissible under the Special Uses 5 zoning in the Randwick LEP 1998. The proposal is consistent with the following objectives of the zoning:

 

“(c)      to allow appropriate community uses

 

(f)         to allow for the redevelopment of land no longer required for a special use”

 

The proposed demolition works will facilitate the redevelopment of the Prince Henry Site, which is no longer required for a hospital use, for primarily residential redevelopment with associated commercial/retail uses, a range of community facilities and open space.

 

10.1.2  Determination of Crown development applications (Section 91A).

 

A Consent authority, in respect of a development application made by or on behalf of the Crown or a prescribed person, must not:

 

(a)        refuse its consent to the application, except with the written approval of the Minister,or

(b)        impose a condition of its consent, except with the written approval of the Minister or applicant.

 

In this respect, a number of conditions will be included in the approval subject to concurrence of the relevant Crown Authority to ensure that the development complies with all controls and relevant standards.

 

A set of draft conditions was referred to the applicant for comment on 6 December 2002. In response, the applicant has requested appropriate changes to the draft conditions. These changes have been incorporated into the recommended conditions. Council is able to issue a consent without further reference to the applicant.

 

10.2     Policy Controls

 

10.2.1        Development Control Plan - Parking

 

Whilst the DCP – Parking is applicable over the subject site, there are no controls in this DCP which are applicable to the proposal as the proposal is for demolition of existing buildings.

 

10.2.2  Draft Development Control Plan – Prince Henry Site

 

The Draft DCP – Prince Henry site contains design guidelines and controls to guide future development in the Prince Henry Hospital site. Amongst other controls, the Draft DCP contains provisions for the conservation and management of heritage elements within the site. The DCP requires that the following controls be observe in relation to built heritage elements:

 

·    Built heritage elements should be conserved, managed and interpreted in accordance with the detailed policies included in the Conservation Management Plan for the Prince Henry Hospital site and any Specific Elements Conservation Policies.

 

·    All relevant design and conservation criteria (as listed in page 33 of the Draft DCP) will need to be satisfied in order to conserve significant built heritage elements; and ensure that alterations and additions to existing buildings and the construction of new buildings and structures, relate sympathetically to significant built and landscape heritage elements and the significance of the site as whole.

 

The application is only for the demolition of buildings and not construction. Notwithstanding this, the buildings proposed to be demolished have been identified in the adopted Master Plan and its associated Stage 1 Conservation Plan and Heritage Impact Statement as mainly having moderate or little significance or intrusive qualities. The built heritage elements that have been identified as having high/exceptional significance will be conserved, managed and interpreted in accordance with the Conservation Management Plan and Archaeological Management Plan. In this regard the proposal is not inconsistent with the provisions of the Draft DCP.

 

10.3     Master Plan

 

The Master Plan for the subject site was adopted on 27 November 2001 subject to a number of matters being addressed in a revised Master Plan and future development applications for the subject site. A revised Master Plan has not been submitted for the subject site as the applicant is still negotiating with Council on the details and configuration of the proposed roads in the subject site. Furthermore, the finalisation of the Master Plan is affected by the preparation and drafting of the DCP and LEP for the subject site, which still requires resolution including roads and drainage. The absence of an approved revised Master Plan is not considered critical to the determination of the subject application especially in view of the proposal’s compliance with the Conservation Management Plan and Archaeological Management Plan.

 

Notwithstanding the absence of a revised Master Plan, all relevant requirements for the lodgement of development applications have been adequately addressed in the current development application as advised in page 7 of the Heritage Impact Statement submitted with the application.

 

10.4   Site Suitability

 

Following the gradual decommissioning of the Prince Henry Hospital, the subject site has become surplus public land, which will be redeveloped primarily for residential purposes. The site has an adopted Master Plan, which will guide future development of residential, open space, community and local retail/commercial uses within. The proposal is consistent with the provisions of this Master Plan, which identified the buildings that are to be demolished to facilitate future redevelopment of the site pursuant to the findings of the Stage 1 Conservation Plan and Heritage Impact Statement submitted with Master Plan.

 

10.5     Heritage

 

Section 7.5 above indicates that the proposal is consistent with the Master Plan and its accompanying Stage 1 Conservation Plan and Heritage Impact Statement and complies with the Conservation Management Plan and Archaeological Management Plan. The Master Plan and its accompanying Stage 1 Conservation Management Plan, identified and classified existing buildings on site into exceptional, high, moderate, little and intrusive in terms of their heritage significance. The buildings that are proposed to be demolished are buildings identified as moderate, little or intrusive.

 

The application has been accompanied by a Heritage Impact Statement prepared by Godden Mackay Logan, which makes reference to compliance with the Conservation Policies contained in the Conservation Management Plan and the Archaeological Management Plan.  The submission also includes a Schedule of Assessment and Management Requirements for Historical Archaeology and a Table of Components of Demolished built Elements to be Retained. The Heritage Impact Statement recommends that Specific Elements Conservation Policies be required for future works to significant buildings and for historic roads to ensure that significant fabric is protected and mitigated against adverse impacts during the demolition works. Overall, the Heritage Impact Statement lists all the necessary measures to protect the remaining heritage buildings, structures and features from any potential detrimental impact of the proposed demolition works.

 

Whilst the proposal is not integrated development, the subject application was referred to the Heritage Office for comments in view of the heritage significance of the site and relevant built elements within. The Heritage Office has raised no objections to the proposed demolition subject to a number of considerations/recommendations, which will be included as conditions of consent should approval be granted.

 

Concern has been raised in submissions to the demolition of the Administration Building (located near the front gate), which objectors regard as having significant historical value. In this regard the Heritage Office has provided advice requiring consideration to be given to the retention of the Administration Building. Consideration of the merits of retaining the Administration Building has been undertaken by Council’s Heritage Planner who has advised as follows:

 

“Refer to my previous memo for background to the application.  Concerns have now been raised in relation to the proposed demolition of the Administration Building on the site.

 

It is noted that the Master Plan which was previously approved for the site indicates that the Administration Building was to be replaced by a new building.  The Stage 1 Conservation Plan (CP) which was submitted with the Master Plan includes a section on Social Values, in order to assess items having “a strong or special association with a particular community or cultural group in NSW (or the local area) for social, cultural or spiritual reasons.”  The CP outlines the consultation process which was carried out in conjunction with the preparation of the CP.  Reponses from the public included comments about specific built elements.  Specific comments do not appear to have been received in relation to the Administration Building however.

 

The CP classifies the building as having Moderate Significance.  This category includes buildings that have historic, aesthetic and/or social significance in varying degrees, but overall make a lesser contribution to the significance of the site than building/elements of a higher contributory value.  The CP includes Policies for Individual Items, covering Key Values and Issues/Management.  In terms of Key Values it notes that the Outpatients and Administration Building was constructed in 1937 and extended in 1979, and replaced an earlier building used for administration purposes.  In terms of Issues/Management, for building or elements of Moderate Significance, the CMP notes that retention is desirable, subject to physical and management constraints, suggesting investigation of alterative uses.

 

Given the number of more significant buildings to be retained on the site, it is considered that the demolition of the Administration Building will not significantly impact on the heritage values of the Prince Henry site as a whole.  It is noted that consent conditions are to be included requiring archival recording and salvage and storage of significant fabric.”

 

In view of the comprehensive heritage analysis undertaken by Godden Mackay Logan during the master plan process and Council’s heritage planner’s advice, the proposal to demolish the Administration Building and retain significant fabric components of the building as well as appropriate archival recording of its use and history, is considered reasonable and acceptable.

 

10.6     Impact on adjoining development

 

There is a potential risk of contamination of surrounding buildings and land from asbestos and lead should precautions not be taken during the demolition stage. As such, Council’s Environmental Health and Building Services Department considers that major remedial action will be required in the future prior to a site audit statement and a site audit report being provided. Accordingly, a deferred commencement condition will be applied requiring the submission of a work plan (outlining the proposed precautions in regards to potential asbestos and lead contamination) prior to the works commencing. This work plan is to have the written concurrence of the site auditor.

 

Concern has been raised that the proposed demolition works would disrupt the use and amenity of adjoining properties. Appropriate conditions will be applied to ensure that noise and vibration impacts on adjoining and surrounding properties are minimised during demolition.

 

As the proposal does not involve any permanent construction of buildings, it will have no impact in terms of loss of sunlight, privacy and views.

 

10.7     Traffic and access

 

The applicant has submitted a Demolition Traffic Management Plan, which indicates that there will be 40 vehicle trips per day generated by the demolition works over a 9 to 12 month period. Demolition traffic will not be allowed to access the site via local residential streets but will be directed to use the main roads namely Anzac Parade, Bunnerong Road, Botany Road and Beauchamp Road to access the site. Two entry/exit points will be available on Anzac Parade, namely, the Pine Avenue access point and the new northern access point. Council’s traffic engineer has found the proposed volume and route of the demolition traffic acceptable subject to conditions.

 

10.8     Ecologically Sustainable Development

 

The Statement of Environmental Effects advises that the recycling of building materials will be maximised. Subject to appropriate strategies to deal with asbestos and lead contamination, building materials would crushed, stock-piled and re-used on-site. Any excess materials would be trucked from the site for re-use elsewhere or disposal. 

 

The proposal will also involve the storage of significant fabric for reuse and/or interpretation purposes, and cleaning and recycling of demolition materials on site. These works are an important part of the heritage conservation of the site whilst supporting ecologically sustainable principles.

 

10.9     Issues raised in submissions

 

·    The Administration Building (located near the front gate) is of high historic and heritage significance and should not be demolished.

 

Comprehensive heritage analysis of the buildings to be demolished, including the Administration Building, was undertaken by Godden Mackay Logan in the Stage 1 Conservation Plan adopted with the Master Plan. This analysis was sighted by the Heritage Office during the Master Plan process and no objections were raised by the Heritage Office. In line with recent advice from the Heritage Office, Council’s heritage planner has considered the merits of retaining the Administration Building, and supports Godden Mackay Logan’s analysis and proposal to demolish the building and retain significant fabric components of the building as well as appropriate archival recording of its use and history. 

 

11        CONCLUSION

 

The proposal is a permissible use in the Special Uses 5 zone subject to Council’s consent. The application is also consistent with the provision of the Master Plan as adopted on 27 November 2002 and its associated Stage 1 Conservation Plan and the Heritage Impact Statement. The demolition works will also comply with the Conservation Management Plan and Archaeological Management Plan applicable to the subject site. The NSW Heritage Office has raised no objections to the proposed works subject to appropriate conditions.

 

A Work Plan will be required detailing precautionary measures to deal with potential risk from asbestos and lead contamination during demolition.

 

The application is recommended for approval.

 

RECOMMENDATION:

 

A.  THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0948/2002 for the demolition and partial demolition of buildings at 1430 Anzac Parade, Little Bay, subject to the following conditions:-

 

REFERENCED PLANS:

 

1.   The development must be implemented substantially in accordance with the plan numbered Proj. No. 200.017.95 dated September 2002 and received by Council on 8 October 2002, and 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.   A work plan shall be prepared in accordance with Australian Standard AS260-2001 Demolition of Structure by a suitably qualified and experienced person, to be submitted to Council’s Director – Planning and Community Development who will then enlist the services of a suitably qualified consultant to review the work plan prior to its approval by Council ( at the applicant’s cost). The Work Plan shall include (but not be limited to);

 

§ The identification of any hazardous materials (including asbestos and surfaces coated with lead paint); and

§ The proposed method of demolition, storage/ containment and disposal methods for hazardous materials; and

§ The precautions to be employed to minimise any dust nuisance

§ The appointment and details of a site manager.

 

Once approved by Council, each building to be demolished should be cleared of hazardous material in accordance with the Work Plan. Hazardous Materials Clearance Certificates should be reviewed and endorsed by the Site Auditor as adequate and satisfactory prior to further demolition of the building.

 

The following conditions are applied to provide adequate provisions for heritage conservation:

 

3.   A Master Program and Site Co-ordination Plan shall be prepared for the proposed works and submitted to Council prior to the commencement of works. The Master Program and Site Co-ordination Plan shall include, but not be limited to, the following:

 

§ protective measures to ensure that significant built and landscape elements and their fabric are not damaged during demolition and partial demolition works

 

§ protective measures to ensure significant landscape elements, including areas of indigenous vegetation, coastal scenery, sandstone outcrops, ornamental plantings, spaces, views, vistas and layout

 

§ identify any works including roads and temporary fencing in the vicinity of the Critical Exposure Cleared Area of Paleovalley that make up the Little Bay Geological Site

 

§ identify any demolition/excavation works that would threaten documented and identified sites of Aboriginal Archaeology

 

§ a method statement if archival recording of buildings is not completed prior to handover of the site from the South Eastern Sydney Area Health Service

 

§ identify any demolition/excavation works that would impact upon Historical Archaeological resources/sites

 

§ incorporate the recommendations of the Heritage Impact Statement submitted with the subject application, and any other applicable matters in the Conservation Management Plan and Archaeological Management Plan in relation to the Management of Archaeological Sites and Archaeological Potential

 

4.   Ongoing consultation with the La Perouse Aboriginal community should be undertaken regarding the conservation and management of sites valued by the Aboriginal community.

 

5.   The archival recording of each building to be demolished or partially demolished should be prepared and submitted to and approved by Council prior to the commencement of any demolition works.  The recording should be undertaken in accordance with the NSW Heritage Office guidelines for a site of State significance and in accordance with recommended program for archival recording in the CMP.

 

6.   Appropriate protective measures to ensure that significant built and landscape elements and their fabric are not damaged during the partial demolition of some buildings should be included in the Master Program and Site Co-ordination Plan.  Details of protective measures are to be submitted to Council for approval prior to the commencement of any demolition works.

 

7.   Elements or fabric of potential heritage significance contained within those buildings to be demolished are to be salvaged and stored on site for potential future re-instatement of missing components and/or for interpretation purposes in retained buildings or sections of buildings, in accordance with the Table of Components of Demolished Buildings to be Retained, prepared by Godden Mackay Logan.

 

8.   Further archaeological assessments should be undertaken on a site-specific basis where required in accordance with the Archaeological Management Plan, commensurate with graded zones of archaeological significance.  Such management may involve liaison with the local Aboriginal community, archaeological monitoring and appropriate excavation permits.

 

9.   Management of the Aboriginal and historical archaeological resources within the Prince Henry site should be consistent with those processes set down in the Archaeological Management Plan (AMP).

 

10. Any moveable items of historical archaeological significance should be recorded in situ prior to removal to a secure location for subsequent reinstatement or site interpretation.

 

11. Archival records of demolished buildings shall be made available for a subsequent Interpretation Plan for the site, to be undertaken to a program to be approved by Council prior to commencement of demolition.

 

12. A separate Specific Elements Conservation Policy should be prepared for the historic roads that would be affected by the proposed demolition works to ensure that their significance is not affected.  This Conservation Policy shall be to be submitted to and approved by Council prior to the commencement of any demolition works.

 

13. A separate Specific Elements Conservation Policy should be prepared for those significant buildings that would remain (of moderate or greater significance) prior to any works to the buildings that may be required to accommodate their temporary use.  This Conservation Policy shall be to be submitted to and approved by Council prior to the commencement of any demolition works.

 

14. Appropriate protective measures to ensure that significant built and landscape elements and their fabric are not damaged during demolition works should be included in the Master Program and Site Co-ordination Plan, to be submitted to Council prior to the commencement of any demolition works.

 

15. If demolition works, including access roads and temporary fencing, are to occur in the vicinity of the Little Bay Geological Site, then a separate Specific Elements Conservation Policy should be prepared, which is to include liaison with the University of New South Wales, the Heritage Council of NSW and Randwick Council, to define the specific conservation needs on both sides of the boundary.

 

16. The results of any test drilling or excavating within the possible extent of the Paleovalley should be made available for further scientific research.

 

17. All works are to be undertaken in accordance with the recommendations set out in the August 2002 Heritage Impact Statement prepared by Godden Mackay Logan with the following additions:

 

a)   If any archaeological relics are uncovered during the course of the work, then works shall cease immediately in that area and the NSW Heritage Office shall be contacted.  Depending on the possible significance of the relics an archaeological assessment and an excavation permit under the NSW Heritage Act, may be required before further works can be considered in that area.

 

b)   Prior to the demolition of the kitchen wing of the Matron Dickson Building, a Specific Elements Conservation Policy (SECP) is to be prepared and approved for the building and its setting.   Demolition must be in accordance with the endorsed Conservation Policies.

 

c)   The significance of elements within the curtilage of each specific heritage item, and any moveable items, should be included in the Specific Elements Conservation Policy (SECP).

 

d)   A description of the characteristic features of the building type and a  conservation policy for that building type, for example ward pavilions, that demonstrates an understanding of the building’s typology is to be included in the Specific Elements Conservation Policy (SECP).

 

e)   In addition to the Specific Element Conservation Plans, a Statement of Heritage Impact is to be prepared for works to items of moderate and greater significance where it is proposed that significant fabric is to be modified for temporary uses.  Both documents are to be submitted for approval.

 

f)    An illustrated catalogue of salvaged items is to be maintained, which records their provenance and storage location.   A system of tagging significant items to be retained in situ or relocated is to be developed and included in the Master Program & Site Co-ordination Plan.  This catalogue is to form part of the archival record.

 

g)   The extent of demolition required to remove intrusive elements and items of little significance from significant items is to be developed in consultation with the Heritage Consultant, to minimise damage to surrounding fabric of higher significance.

 

h)   The Archival Record is to include evidence of significant earlier configurations of the buildings discovered in the course of the partial demolition works.  It is also to record the sites at selected intervals during the demolition and on completion of demolition.

 

i)    The Archival Record is to contain a summary outlining any findings that should be included in any future upgrades of the CMP.

 

j)    Copies of the Archival Recording are to be lodged with Landcom, the on site Museum, the Dept. of Health and the Heritage Office.

 

The following conditions are applied to provide adequate provisions for health/safety:

 

18. The proponent shall appoint a suitably qualified Environmental/Community Liaison Officer, dedicated to the site to ensure strict compliance onsite with all conditions of consent and in particular to ensure all works comply with relevant provisions of the Protection of the Environment Operations Act 1997. The Officer shall also act as a liaison link, first point of contact with the community to act on any complaints arising. A monthly summary report shall be submitted to Council, detailing any complaints and the rectification actions.

 

19. A 24 hour complaints hotline shall be set up and maintained at all times, the number of which is to be displayed on signage around the perimeter of the site and notified to the surrounding community by newsletter.

 

The following conditions have been applied to ensure that noise emissions from the

development satisfy legislative requirements and maintain reasonable levels of 

amenity to the area:

 

20. Noise emissions during the demolition of the buildings 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

 

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

 

The following conditions are applied to maintain reasonable levels of environmental amenity, health, general safety and amenity and public health safety during demolition works.    

 

22. Public access to the portions of the site where demolition is to occur, and to materials and equipment is to be restricted, when work is not in progress or the site is unoccupied. Temporary safety fencing to surround the buildings being demolished, is to be provided to protect the public.  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 and the site auditor.

 

23. 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.

 

24. The public safety provisions and temporary fences must be in place prior to the commencement of demolition works and be maintained throughout the project.

 

25. Prior to the commencement of works, adequate sediment and stormwater control measures shall be in place and maintained on site at all times.  Sediment laden stormwater shall be controlled using measures outlined in the manual Managing Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

26. 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.

27. 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.

 

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

 

29. 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.

 

30. 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.

 

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

 

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

 

33. The works shall not give rise to an environmental or public nuisance or, cause any   

            offence under the Protection of the Environment Operations Act 1997.

 

The following conditions are applied to ensure adequate environmental protection.

 

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

 

§ Occupational health and Safety Act 1983 (NSW)

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

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

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

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

 

35. All site works shall comply with the occupational health and safety requirements of the NSW WorkCover Authority.  In this regard all contractors and employees shall adopt work practices in accordance with the requirements of WorkSafe’s Control of Inorganic Lead at Work (NOHSC:102(1994) and NOHSC:2015(1994).

 

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

 

37. Hazardous dust must not be allowed to escape from the site.  The use of fine mesh dust proof screens or other relevant measures is recommended.  Any existing accumulations of dust (eg, ceiling voids and wall cavities) must be removed. All dusty surfaces and dust created from work is to be suppressed by a fine water spray.  Water must not be allowed to enter the street and stormwater systems.  Demolition of hazardous materials is not to be performed during high winds, which may cause dust to spread beyond site boundaries.

 

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

 

38. Any new information that comes to light during demolition, which has the potential to alter previous conclusions about site contamination, shall be notified to the Council and the Site Auditor immediately.

 

39. All trucks and service vehicles leaving the site shall go through a suitably constructed on site truck wash down area, to ensure no tracking of material occurs from the site onto roads adjoining the site. Details are to be submitted to Council in the Site Management Plan.

 

40. Following demolition activities, soil must be tested by a person of suitable expertise, to ensure the soil lead levels are below acceptable health criteria for residential areas.  Full certification is to be furnished to Council upon completion of the works.

 

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

 

41. The following damage deposit requirement is to be complied with prior to the commencement of demolition work on the site, as security for making good any damage caused to the roadway, footway, verge or any public place in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)         $2000.00         -           Security damage deposit

 

The damage deposit may be provided by way of a cash or cheque with the Council and is refundable upon the applicant advising Council, in writing, of the completion of all demolition works.

 

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 demolition works.

 

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

 

42. Traffic management for the duration of the demolition works shall generally be undertaken in accordance with the submitted ‘Demolition Traffic Management Plan’ prepared by Gary Shields and Associates Pty Ltd, dated November 2002.

 

43. RTA certified traffic controllers shall be used within the site for the duration of the demolition works to prevent conflicts of passing traffic on the narrow internal roads.

 

44. All heavy vehicles shall access the site from Anzac Parade. This condition has been attached to minimize the disturbance to residents in the surrounding areas.

 

45. 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 demolition works being carried out at the above site.

 

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

 

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

 

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

 

Tree Management

 

47. Approval is granted for the removal of any trees or palms, covered by Council’s Tree Preservation Order, that are located within 1 metre of any existing structure proposed for demolition, excluding those Phoenix canariensis (Canary Islands Date Palms) and Erythrina x sykesii (Coral Trees) that form part of the avenue planting adjacent to Pine Cottage.

 

48. Permission is granted for the removal of only those trees and palms 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.

 

Tree Protection Measures

 

49. In order to ensure the retention of all trees and palms covered by Council’s Tree Preservation Order (excluding those approved for removal above) that are located within 5 metres of any existing structure proposed for demolition in good health, the following measures are to be undertaken:

 

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

 

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

 

The applicant is required to contact Council’s Landscape Architect on 9399 0786 to organise for an inspection of the tree protection fencing prior to the commencement of any demolition works.

 

 

b)   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, nor any stockpiling of soil or rubble.

 

c)   Any excavations below the existing ground level within 4 metres of the trunks of the trees or palms 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)   The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

e)   Watering of the trees and palms (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point g.

 

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

 

g)   A Letter of Undertaking shall be lodged with Council prior to the commencement of demolition work, in order to ensure the preservation of the trees and palms in accordance with the requirements described in this condition.

 

The Letter of Undertaking shall ensure that the tree protection measures as described in this condition are undertaken throughout the demolition period and the trees and palms have been retained in good health.

 

For any damage to trees the applicant will be charged the full cost of replacement and where such damage requires removal of a tree Council will charge the applicant an amenity value calculated using the relevant Draft Australian Standard.

 

The following conditions are applied to provide adequate provisions for health/safety:

 

50. A waste management plan detailing demolition waste management arrangements shall be submitted to Council for consideration prior to commencement of works.

 

Advisory Conditions/Matters

 

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

 

ATTACHMENT/S:

 

1.   List of buildings proposed to be demolished and partially demolished.

2.  A3 Attachments.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILLI

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 

 

 

 

 

 

 


 

Director Planning & Community Development's Report 116/2002

 

 

SUBJECT:

221 - 227 Anzac Parade, Kensington

 

 

DATE:

11 December, 2002

FILE NO:

D/0720/02/GR

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT   

 

INTRODUCTION:

 

 

Attached is the Development Assessment Report for Development Application No. 702/02 for demolition of an existing 3.5 storey building on the site, excavation and construction of a 4-7 storey building for education, research and administrative purposes at 221- 227 Anzac Parade, Kensington for Councils consideration and determination.

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

1.  Development Application Report dated 10 December 2002

2.  A4 configuration plans  

 

 

………………………………

………………………………

SIMA TRUUVERT

KERRY KYRIACOU

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

MANAGER DEVELOPMENT ASSESSMENT

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

10 December, 2002

FILE NO:

02/00720/GR

 

PROPOSAL:

 Demolish existing 3.5 storey building on the site, excavate and construct a 4-7 storey building for education, research and administrative purposes

PROPERTY:

 221-227 Anzac Parade, Kensington

WARD:

 West Ward

APPLICANT:

 The University of New South Wales

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $25, 000, 000.

 

The applicant is seeking approval to demolish the existing building on the site, excavate and construct a new building of 4-7 storeys above ground and an additional lower ground level on the University of New South Wales (UNSW) ‘L5’ site at 221-227 Anzac Parade, Kensington. The new development will comprise class rooms, laboratories, administrative and academic offices. Due to the prominence of the site and the size of development proposed, the application was referred to the Urban Design Advisory Service for comment on urban design issues.

 

In order to ensure that the development is consistent with surrounding uses, particularly small scale residential uses to the west and in response to urban design comments made by the Urban Design Advisory Service (UDAS), several changes were sought to the scheme. These amendments have resulted in a building that is four (4) storeys to the west (Houston Lane - a reduction of two (2) storeys) and 7 storeys to the east (Anzac Parade), an increase of 1 storey. The proposal is now considered to meet the character and streetscape objectives for the precinct and has minimised the potential for impacts on surrounding properties.

 

The application is recommended for approval subject to deferred commencement conditions.

 

2.    THE PROPOSAL:

 

The subject site to be developed is a regular shaped allotment with a principal frontage to Anzac Parade and a secondary frontage to Houston Lane. It is proposed to demolish the existing three and a half (3.5) storey building, excavate and construct a four (4) to seven (7) storey building for education, research and administrative functions. An existing kiosk-type substation at the northwestern corner of the site protrudes beyond the rectangular-shape of the site and will be decommissioned and demolished as part of re-development of the site. A new chamber-type substation with access at the ground floor level is to be installed on this part of the site at a later date. This part of the site will not be built-over, leaving a rectangular area of the site for construction of the building.

 

The lower ground floor of the building is below Anzac Parade street level and extends over the entire site. The ground floor level also has a footprint of the entire site (exclusive of the substation area). Both of these floors will comprise classrooms and language laboratories.

 

Level 1 is comprised of student administration and recreational uses including a common room and café. The form of the building results in a north-facing courtyard on this level that is open to the sky and will be landscaped with mature trees.

 

Above Level 1 the building is divided into an eastern and western wing. Levels 2-3 of the western portion are comprised of administrative and academic offices. The eastern wing of the building presents seven storeys to the Anzac Parade frontage. Levels 2-6 of the eastern wing are comprised of open plan space for National Information and Communications Technology Australia (NICTA), a federally funded joint venture between UNSW and the Australian National University (ANU).

 

The development is built to front and rear boundaries on all levels, and to the side boundaries for the depth of each wing, leaving a central open section of approximately 12 metres above Level 1 to the northern and southern boundaries. Loading facilities and parking for four vehicles are provided from Houston Lane to the rear of the site.

 

Pedestrian access to the building is provided from Anzac Parade via a ramp to the ground floor level. A stair is also provided to the northern end of the Anzac Parade frontage that gives direct access to the courtyard level (Level 1) where the main reception and student services areas are located. A café is also provided at this level with direct access to the courtyard. Four classrooms are also provided at this level.

 

A mechanical plant room is proposed underneath the existing substation at the lower ground level. This location has allowed for the removal of plant from the rooftop of the western wing of the building, reducing the apparent height of the building to Houston Lane.

 

The design of the proposed building is contemporary in style, with the external finishes of the front elevations being a mixture of glazing, timber and terracotta screening. Fixed terracotta louvres will be attached externally to the upper floors of the building to provide solar and privacy screening. The ground and first floors are glazed to provide a more direct visual relationship with the street. The original scheme did not propose openings to the northern elevation and only limited openings to the southern elevation. This resulted in a lack of articulation that has been addressed in revisions with both facades punctuated by louvred, glazed sections in a variety of configurations.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Anzac Parade on the block bounded by Barker Street, Day Avenue and Houston Lane to the west.

 

The site is a generally rectangular shaped allotment with a total site area of 2,473m². An irregular shaped portion of the site with an area of approximately 124m2 exists to the northwest and is occupied by an existing electricity substation. This portion of the site will not be substantially redeveloped. The eastern and western frontages (to Anzac Parade and Houston Lane respectively) exclusive of the substation area, have a length of 46.755m. The northern and southern boundaries of the site measure 50.25m (excluding the substation). The site is generally flat to the eastern and northern boundaries with a crossfall towards the southwestern corner that results in a change in level of approximately 2.4 metres.

 

The character of the area is comprised of a range of development types and architectural styles. To the south along Anzac Parade the development is generally of a larger scale (3-8 storeys) and is comprised of mostly residential uses. To the north, along Anzac Parade are three-storey residential flat buildings. The three-storey form of development continues across Day Avenue to the south (the University’s ‘western campus). Further to the south is the National Institute of Dramatic Art (NIDA), which has been recently constructed and is four storeys to Anzac Parade. Adjoining the site to the west across Houston Lane are a variety of residential developments ranging from 1-3 storeys including dwelling houses and older style residential flat buildings. These generally address Houston Road, having their rear yards towards Houston Lane and the subject site. To the east, across Anzac Parade, is the main Kensington Campus of the UNSW. Facing the site are Warrane and New College buildings that provide student housing.

 

4.    SITE HISTORY

 

a.    SITE HISTORY

 

The subject site is currently used for examinations, student activities, meeting space and as overflow teaching space. This use has occurred on the site since 1966 when the University acquired the property. Prior to this, the site was used for a bowling alley from 1960-1966. There is no further history relevant to the subject site for this application.

 

b.    APPLICATION HISTORY

 

Development application No 720/02 seeking approval to demolish the existing three and a half (3.5) storey building and erect a six (6) storey building for education, research and administrative functions and basement parking for sixty (60) vehicles

 was lodged on 30 July 2002. This application proposed a six storey façade to both Anzac Parade and Houston Lane, as well as along the southern boundary. The proposal is located on a key site on Anzac Parade and is highly visible due to long site frontages and high traffic volumes on Anzac Parade. The application was referred to an external consultant (Urban Design Advisory Service) for urban design comment to assist in the assessment of the application on such a prominent site.

 

The conclusion of the urban design review was that the impact on adjoining residential properties was unacceptable and the height of the building to Houston Lane needed to be reduced to four storeys. On the basis of this advice, Council met with the applicant on several occasions to discuss the external design and façade treatment of the scheme. As a result of these discussions the applicant lodged amended plans on 21 November 2002 and further amendments on 27 November 2002.

 

These amended plans included the reduction of the rear portion of the building to four (4) storeys, resulting in an increase to the Anzac Parade façade of a single storey (making it seven (7) storeys in height). These plans are the subject of this assessment.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

The original application was open for comment between 13 and 27 August 2002. The amendments which have been made to the original application are considered to have a lesser impact than those originally advertised and therefore were not readvertised. The following two (2) submissions were received in relation to the original proposal:

 

1.   Mark D Cooper, 39/231 Anzac Parade, Kensington 2033

§ Overshadowing aspect will occur in the winter months and increase heating bills whilst devaluing property.

§ Height of the development will block sky line/city views which will devalue property.

 

2.   Ms Yan Gao, 2/2A Kensington Road, Kensington 2033

§ New building will block out the already limited amount of sunlight.

§ New building will block out the current sky views.

§ Concern regarding structural damage to property from demolition and excavations.

 

3.     Margery Whitehead, 10 Inglethorpe Avenue, Kensington 2033

§ The building envelope extends to all four boundaries.

§ The height of the building confronts the occupants of the blocks of units fronting Houston Road along Houston Lane.

 

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 of Assets & Infrastructure

 

An amended application has been submitted for construction of a multi purpose educational facility with associated carparking at the above site.

 

Landscape Comments

 

The DEPCD is advised that when considering the original application for this site the landscape design section made the following comments:

 

1.   The proposed building frontage is very severe and encroaches on to the streetscape in an unsatisfactory manner. Council’s Tree Management Officer is in agreement that the current proposed building envelope does not allow for significant street tree planting development along the Anzac Parade footpath which is considered necessary to soften the frontage of this building.

 

In order to rectify this situation it is recommended that the building be set back to allow for full street tree canopy development, softening the impact upon the streetscape.

 

It has been noted that large trees are proposed for within the building envelope (see comment below) however, these will provide no benefit to the streetscape whatsoever as they are concealed within the structure.

 

2.   The proposed tree planting within the internal courtyard shows trees of significant size growing up through the void, between three and four storeys high. For trees to reach this size and develop a stable root base, Council’s Tree Management Officer has advised that a minimum soil depth of three (3) metres will be necessary. At this point, without construction details, it is difficult to assess whether this will be possible, however, with the proposed planting shown over both a basement carpark and ground floor laboratories, it is considered that such a soil depth would be impossible to achieve.

 

At this point it appears that the courtyard planting is an integral part of the building design and as such it is recommended that allowances be made for the depth of soil required.

 

It is recommended that, as a minimum, the applicant be requested to demonstrate how it was intended to provide the courtyard planting and how it will be able to provide street tree planting along Anzac Parade.

 

The amended application appears to have identical building setbacks to the original application and the DAIS will give consideration to additional street tree planting when considering the landscape design plan for that section of the Anzac Parade footpath fronting the development site.

 

In response to concerns regarding soil depth for the courtyard planting a request for details to be submitted for approval has been included within this report.

 

Drainage Comments

 

On site detention

 

An overall stormwater detention strategy was provided for the University’s Kensington campus for that portion of the catchment area that drains to Barker Street. With this strategy, the Village Green Oval (located within the UNSW campus near Anzac Parade) was redesigned and reconstructed to detain up to 9,000 cubic metres of stormwater.

 

As this site is within this catchment area, stormwater detention will not be required for this development.

 

Stormwater Inundation/Flooding - General

 

The development site was the subject of a formal prelodgement meeting and the applicant was advised of the following in Council’s written response following the prelodgement submission for this site:

 

The proposed development site is located adjacent to a localised low point in Anzac Parade and the applicant will be required to undertake a suitable flood study to determine the 1 in 100 year flood level for the site. All habitable floor levels and openings will need to be at least 300mm above the calculated 1 in 100 year flood level and all driveways will need to have a high point above the calculated 1 in 100 year flood level and designed in such a manner as to minimise the potential for stormwater to enter the site.

 

The statement of environmental effects submitted with the original development application made reference to stormwater drainage issues associated with the Houston Lane site frontage however no reference was made to the localised low point in Anzac Parade. Subsequent to consideration of the original submission the DAIS was in contact with the applicant’s hydraulic consultant and a hydraulic report/flood study has now been submitted, (this report was submitted with the amended application and received by the DAIS on 21/11/02).

 

Council’s Drainage Engineer has considered the flood study and he advises as follows:

 

The Director of Environmental Planning and City Development is to note that the following storm water drainage comments have been based on the Option 2 proposal as shown on Dwg. Nos.A-D002 (OPT 2)& A-F003 (OPT 2) where:

 

-           The lowest floor level has been proposed at RL 22.20 AHD, and;

-           the “Possible Basement Plant In Lieu of Roof Top Plant” as indicated on Dwg. No A-F003 (OPT 2) is not constructed.

 

Stormwater Inundation - Anzac Parade

 

This development site is located adjacent to a localised low point in Anzac Parade, which is drained by a stormwater pipeline to Barker Street. During an intense storm, stormwater that is unable to be drained by this pipeline will overflow from Anzac Parade into this development site, down the existing low level driveway (that services this property) and to the entrapped low point (adjacent to this site) in Houston Lane.

 

To ensure that the redevelopment of this property (that will block this existing overland flow path) does not adversely affect the adjacent properties, the applicant’s engineer has submitted a report titled “UNSW Unisearch House- Hydraulic Calculations of Flood Levels” 

 

The engineer has presented 4 options to manage the stormwater at this location

 

Option 1  block the existing overland flow path through the property from Anzac Parade.

 

This Option is not considered acceptable as the properties adjacent to the development site, and Anzac Parade itself, will be adversely affected with an increase in the flood level and the frequency of flooding. 

 

Option 2  construct a 600 mm diameter stormwater pipeline through the development site to Houston Lane.

 

This option is not considered acceptable, as the resultant pipeline would not be accessible for maintenance and reconstruction purposes if and when required by Council.

 

Option 3  drain this low point by constructing a 600 mm diameter stormwater pipeline along Anzac Parade and Barker Street.

 

                The resultant flood height in Anzac Parade has not been determined with this proposal.

 

Option 4  construct a stormwater pipeline along Anzac Parade and Barker Street that would be capable of draining the 1 in 100 year storm.

 

There would be minimal flooding in Anzac Parade with this option.

 

Providing that:-

 

·    Option 4 is adopted for the stormwater strategy, then the adjacent properties will not be adversely affected from a 1 in 100 year flood.

 

·    the applicant agreeing to a deed of agreement where Council is nominated as the Certifying Authority for the civil works exterior to the development site,

 

then the final design, specifications and details for the Council stormwater culverts and other infrastructure could be submitted and approved of by the Director of Asset and Infrastructure Services at the Construction Certificate stage/prior to the commencement of any site construction works.

 

Stormwater Inundation - Houston Lane

 

Stormwater could pond in this lane up to approximately RL 24.36 (AHD) before overflowing into Barker Street.

 

To minimise the possibility of ponded stormwater in Houston Lane from entering the development:-

 

·    the proposed loading dock will be required to be constructed at a minimum level of RL 24.50

·    a flood proof barrier constructed up a minimum level of RL 24.65 along the western and southern perimeters of the building.

 

Ground Water Issues

 

At the prelodgement meeting for this site the applicant was advised to consider any potential ground water issues and the written response from Council to the applicant stated:

 

The applicant was advised to carry out sufficient geotechnical investigation to determine if the proposed development would have any affect on, or be affected by, the existing groundwater conditions.

 

As the above site may be present within a fluctuating water table and/or affected by the movement of seepage water the basement carpark or any similar structure may need to be suitably tanked and waterproofed.

 

On Page 4 of Appendix 4 the applicant identifies that groundwater was encountered at RL20.38 metres. As the basement floor level is proposed to be constructed at RL 22.20 it would appear that dewatering of the site is unlikely. However there are four lift wells and details have not been shown what the base level will be. The applicant should be requested to determine the level of the lift wells and confirm if dewatering of the site is likely to be required and, if so, comments from DLWC will be required.

 

Road Widening Comments

 

In the formal response to the prelodgement meeting for this site the DAIS made the following comment:

 

With respect to road widening in Houston Lane the DAIS’ preferred option would be for the applicant to dedicate to Council a strip of land 0.6 metres wide along the full Houston Lane site frontage. The applicant is advised, however, that the DAIS could still support an application that did not dedicate land along the Houston Lane site frontage subject to the applicant demonstrating that adequate provision has been made in Houston Lane for pedestrian movements and pedestrian safety.

 

The applicant has stated that the proposed development is unlikely to generate additional pedestrian movement in Houston Lane given that there is no pedestrian entry/exit point along the Houston Lane site frontage. As stated above, the DAIS’ preferred option would be for the road widening to occur, however it would be difficult to justify based on the application as proposed. The statement of environmental effects submitted with the original application states that there is no pedestrian access to the site from Houston Lane, the DEPCD is requested to confirm that this statement applies to the current application (Option 2).
 

Traffic/Parking Comments

 

The applicant has stated that in order to maintain a building situated above the water table, the basement carparking has been deleted. Four carparking spaces, (2 visitors and 2 disabled) together with a loading dock are retained with access off Houston Lane. The residual 56 designated car spaces are to be provided in the approved Barker Street car park extension.

 

The issue of parking associated with the various developments within the main campus and on the periphery of the UNSW site has been a complicated one. The UNSW has, on a number of occasions, stated that “parking credits/surplus spaces” exist within various constructed or approved for construction parking areas within the main campus. The applicant for this site has once again stated that the development specific parking deficiency, (calculated by the applicant as being 56 spaces), can be provided in the proposed Barker Street car park extension. Given the significant amount of development recently constructed and/or approved for construction and/or to be submitted for approval the DAIS recommends that the applicant be conditioned to submit for Council’s consideration and approval a detailed parking strategy/masterplan covering all elements of the UNSW Kensington Campus. Submission of the parking strategy will give Council a reference point for the assessment of parking demand/provision associated with this and any future development. 

 

The applicant has stated that the dimensions of the 4 proposed parking spaces complies with AS 2890.1 and that the loading dock complies with AS 2890.2.

 

In the statement of environmental effects submitted with the original application the applicant indicates that Houston Lane will be made one way, (north bound), and the carriageway reduced to 3.6metres in width. Council has not considered this proposal and the DEPCD is advised that Houston Lane will remain open to two way traffic movements with a carriageway approximately 4.9metres in width and footpaths approximately 600mm in width, (i.e. distance from property alignments to the face of kerb shall be approximately 600mm).

 

Waste Management

 

The applicant has not indicated how waste is to be collected and removed from the development site. Council has conditioned the applicant to submit a waste management plan for approval prior to the issuing of a construction certificate for the development.

 

Conditions of consent proposed by the Assets and Infrastructure Department have been included in the recommendation section of this report (See Conditions 50-90).

 

6.2.      Manager Environmental Health and Building

 

The Manager, Environmental Health and Building has provided the following comment:

 

The Proposal

 

The proposal provides for the erection of a 7 storey educational establishment building, located on the former Unisearch House site.

 

BCA Building Classification

 

Class 9b - Assembly Building

 

Background

 

The existing building on site is a post war brick cottage bounded by buildings of a similar nature. A search of Council’s records could not disclose any previous use of a potentially contaminating nature.

 

Key Issues

 

Noise:

Standard conditions should be imposed on the consent to address potential noise emissions from the development, including noise from plant and equipment.

 

Site Contamination:

A detailed site contamination investigation should be carried out to identify the history of the site and to determine if the land is potentially contaminated. Should the

investigation identify that the site is potentially contaminated, a remediation action plan and site audit statement would need to be provided to Council, prior to issuing a construction certificate.

 

Site Management:

Standard conditions can be included in the consent to address construction site management issues, including the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety and perimeter safety fencing.

 

Building Code of Australia (BCA):

Full details of compliance with BCA and fire safety provisions are not included in the DA documentation and therefore fully detailed information would need to be incorporated in the documentation for a construction certificate.

 

Access for people with a disability:

Insufficient details have been provided in the DA to assess compliance with the BCA requirements and Disability Discrimination Act objectives, in relation to access and facilities for people with a disability.

 

Access for people with a disability is required to be provided to at ground floor level and car parking facilities, lift facilities, signage, hearing augmentation and sanitary facilities for people with a disability are also required to be provided to the development, in accordance with the provisions of the BCA.

 

Standard conditions should be included to address these requirements.

 

Conclusion:

No objections are raised in relation to the proposed development, subject to the following conditions being included in any development consent.

 

RECOMMENDATION:

 

Should the approval be granted to the application, the following conditions should be included in the development consent.

 

Conditions suggested by Environmental Health have been included in the recommendation section of this report.

 

6.3.      Urban Design Advisory Service (UDAS)

 

The original scheme was referred to the Urban Design Advisory Service to provide an assessment of the urban design of the proposal. UDAS provided detailed comments using the Design Quality Principles contained within SEPP 65 as an assessment guide. An additional comment on parking and traffic was also provided. On August 30, UDAS reported the results of its urban design review to Council. A summary is provided below:

 

A.                    SUMMARY OF RECOMMENDATIONS

 

§  It is strongly recommended that the height of the proposed building along Houston Lane be dropped from 6 storeys to 4 storeys, in order to minimise the impact on the residential areas to the west of the site.

§  It should be ensured that the soil zone above the basement car park is deep enough to accommodate the growth of trees, as shown in the elevations.

 

B.                    RECOMMENDATION TO COUNCIL

 

§  The proposed building is of a high quality in terms of its urban design and is recommended to be approved, subject to the applicant addressing the recommendations laid out in A above.

 

Council has pursued changes with the applicant, with particular reference to the height of the western portion of the building. The amendments made to the scheme are considered satisfactory with regard to urban design.

 

7.    MASTER PLANNING REQUIREMENTS

 

Although the site itself at 221-227 Anzac Parade is less than 4,000m2 in area, and is therefore not subject to the master plan requirement under clause 40A of RLEP 98, it forms part of the UNSW Kensington Campus which has a total area in excess of 38 hectares and is subject to a master plan.

 

The Master Plan for the UNSW Kensington Campus was approved subject to revisions on 13 August 2002. Revisions to the Master Plan have not yet been received by Council, however the revisions requested do not affect provisions for redevelopment of the L5 (subject) site. The Master Plan as originally submitted remains a relevant policy document for consideration in this assessment and discussion has been included under section 9.2 of this report.

 

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 5 Special Uses under Randwick Local Environmental Plan 1998 and the proposed use of the site for educational purposes is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause No.

Requirement

Provided

Compliance

37A - Development in Special Uses Zone

Council may only grant consent if satisfied that the proposed development is compatible with the character of the locality and will not adversely affect amenity of nearby and adjoining development.

As per discussion below in section Error! Reference source not found.

Yes

43 – Heritage Item or Conservation Area

Must be taken into consideration in assessment

Not a heritage item, nor located in a heritage conservation area, nor in vicinity of heritage items.

N/A

 

(b)  SEPP 55 – Remediation of Land

 

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 recreational and educational purposes would substantially reduce the possibility of contamination.

 

Council’s Manager Environmental Health and Building has provided conditions requiring detailed site investigations to ensure that the site is not in need of remediation pursuant to SEPP 55 for continued educational use. Council has fulfilled its obligations under SEPP 55.

 

(c)  SEPP 16 – Tertiary Institutions

 

SEPP 16 allows tertiary institutions of any class to be constructed on land zoned for a particular class of tertiary institution. The subject site is zoned 5 Special Uses. Educational uses regardless of their “class” are allowed in the zone with consent. Therefore no further consideration of the SEPP is required.

 

8.1  Policy Controls

 

a.       University of NSW Kensington Campus Master Plan, 2002

 

8.2  Council Policies

 

a.       DCP – Parking

b.       Contaminated Lands Policy

 

(a)             DCP - Parking

 

The DCP – Parking requires that tertiary institutions provide parking at the rate of 0.7 spaces per staff member, plus 1 space per full-time student. The applicant has not provided detailed information regarding dedicated full-time enrolments to the new facility, which makes it difficult to calculate a parking provision for this development in isolation from the existing student population on the Kensington Campus as a whole. The SEE states that the NICTA facility will be catering primarily to PhD and Honours students, which would indicate a greater part-time load than for general undergraduate facilities. In addition, the parking rates provided in the DCP – Parking are generic and do not account for research space as compared with teaching spaces, nor laboratory and office spaces as compared with lecture rooms.  From building population estimates provided by the applicant for the original proposal in their BCA assessment the following parking generation for staff can be expected:

 

Level

No.Staff

Required Parking - Staff

Ground

10

7

1

120

84

2

60

42

3

60

42

4

60

42

5

60

42

Roof

9

6.3

TOTAL

379

265.3

 

The population figures indicate a maximum capacity not an expected load at any point in time. This may lead to “double-counting” when these figures are applied to parking as staff members may be counted in their level 4 office, as well as in a teaching room and laboratory on ground level. This would lead to a count of three staff members, instead of the one actual member of staff. The provision of 265 spaces at 221-227 Anzac Parade may result in undesirable traffic impacts in Houston Lane. Such a provision is considered contrary to the objectives of reducing car usage and promoting public and sustainable modes of transport.

 

The provision of 56 spaces within the Barker Street car park extension and the four on-site spaces (including 2 accessible spaces) is considered adequate given that the building is unlikely to lead to a significant increase in full-time student numbers and staff numbers. The building is not expected to generate additional visitors as other campus functions such as NIDA may do during performances etc.

 

The DCP – Parking contains a provision for bicycle parking facilities of one bicycle space per 10 car spaces required. It is considered that centralised bicycle facilities, such as locating this requirement in the Barker Street carpark extension, would not be as effective as an on-site provision in promoting bicycle usage and sustainable transport initiatives. While a full-time student load has not been provided by the applicant, the population figures for staff and students provided would require approximately 45 bicycle spaces to be provided on site. Such a provision will ensure that the objectives of promoting bicycle usage contained within the UNSW Master Plan are fulfilled. The bicycle spaces are to be provided in a secure and convenient location within the building and are to be signposted from the main entrance as per Condition 3.

 

The proposal is considered satisfactory with regard to DCP – Parking.

 

(b)             Contaminated Lands Policy

 

Council’s Manager Environmental Health and Building has provided conditions requiring detailed site investigations to ensure that the site is not in need of remediation due to previous contamination. The development, subject to compliance with conditions of consent, is satisfactory with regard to Council’s Contaminated Lands Policy.

 

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 (see Section 9.3).

 

9.1   Randwick Local Environmental Plan, 1998

 

Clause 37A of the Randwick LEP requires Council to be satisfied that development in the Special Uses zone is “compatible with the character of the locality and will not adversely affect the amenity of nearby and adjoining development”, prior to granting any development consent.

 

The development will make a contribution to the desired ‘boulevarde’ character of Anzac Parade, outlined in Part 2 of the Kensington Town Centre DCP and in the Public Domain section under Part 4.0 of the adopted Master Plan. The development will also contribute to the development of an identifiable University precinct in this part of Kensington. The amended proposal is considered to have a minimal impact on the amenity of adjoining development, particularly the residential uses to the west (rear) of the site across Houston Lane and to the north and south (refer to discussion in section 9.3).

 

The development is considered satisfactory with regard to clause 37A of the RLEP98.

 

9.2   UNSW Master Plan

 

The Kensington Campus Master Plan was adopted by Council in August, subject to revisions relating to detailed provision of building envelope controls. These revisions have not yet been received, however an assessment of the proposal against the objectives in the Draft can still be made and has been included below.

 

The Master Plan proposed new educational and research buildings on the lower campus, the L5 site and the western campus and refurbishment of existing buildings on the upper and middle campuses. The redevelopment of 221-227 Anzac Parade (L5) is consistent with the Master Plan and will provide the additional floor space required without significantly reducing existing open space on the main Campus.

 

The Master Plan required the inclusion of an area of open space in the redevelopment of the L5 site. The courtyard on Level 1 of the proposal fulfils this requirement, subject to sufficient soil depth being provided to sustain the large plantings indicated.

 

The Master Plan includes a clear objective to ensure that:

 

Building setbacks, design, height and scale on the campus perimeter are sensitive to adjacent buildings and the streetscape and minimise the impact on the privacy and overshadowing of neighbouring residential properties

 

L5 site is adjacent to small to medium scale residential zone. The building envelope must therefore have regard to the issue of residential amenity and must not cause significant impacts. The initial scheme was considered to have a dominating visual bulk as viewed from the residential properties immediately west of the site across Houston Lane. The bulk of the rear portion of the building has now been significantly reduced and is of a scale more commensurate with the 2-3 storey buildings behind.

 

The shadowing impacts of the development have also been reduced through the reduction in height of the portion of the building on the southern boundary (to 2 storeys). Shadowing impact of the existing building are substantial. The proposal will not result in increased shadowing to surrounding properties and is expected to improve solar access to the adjoining property to the south.

 

The Master Plan listed the following objectives and requirements for energy efficiency:

 

§  The quantity of materials used in construction is kept to a minimum

§  Low embodied energy materials are used in construction whenever practicable

§  Recycled materials, products and other modular components are used wherever practicable

§  Durable, long-life materials and components are used wherever practicable

§  All building projects are subject to an environmental review

§  Buildings are thermally efficient as possible and air conditioning is minimised.

 

The proposal has been designed to be a benchmark for energy efficient design. An environmental consultant has provided input into the development and the building uses energy efficient passive ventilation systems that have been integrated into the architecture of the building.

 

One of the main issues raised by the Master Plan was the public domain and in particular access, the existing amenity provided to pedestrians, streetscape and the identity of the “University precinct” including areas outside the main Kensington campus. The Master Plan made the following observations:

 

§  Anzac Parade requires significant improvement in terms of urban design and development along its length. Matters requiring attention include:

-     Poor landscaping

-     Poor pedestrian amenity and safety

-     In relation to Anzac Parade: Urban design and identity issues as well as those of amenity and safety need to be addressed. For example streetscape improvements could include wider footpaths, better lighting and street furniture treatments to enhance the boulevard character of the street

§  Opportunities –

-     The western campus and the L5 site could be better integrated with the main campus by way of improvements to Anzac Parade

-     Significant improvements could be made to the safety, amenity and streetscape of Anzac Parade in a cooperative approach between the University RCC and the RTA

§  Outcomes –

-     Pedestrian safety and amenity, and traffic management and safety are improved in Anzac Parade in the vicinity of the campus)

-     The boulevard character of Anzac Pde is retained and enhanced

§  Within five years UNSW seeks to work cooperatively with RCC and RTA for solutions to University related transport issues such as:

-     The implementation of the Randwick Bicycle Plan

-     The upgrading and augmentation of footpaths to strengthen the pedestrian links between the campus, the Prince of Wales Hospital and the Randwick, Kensington and Kingsford Commercial Centres

§  Outcome – Access and circulation is safe, pleasant, convenient illuminated and sheltered for students, staff and visitors

§  Safe and dignified access to all parts of the campus is available for people with disabilities

§  Travel demand practices encourage the use of sustainable travel modes such as public transport, cycling and walking

§  The University has been actively pursuing the following travel demand objectives through its Transport Program:

-     Creating opportunities for cyclists and walkers

 

While the development will present a new façade to Anzac Parade, public domain improvements have been limited to the internal courtyard at level 1 of the building. The building will not provide an awning or other weather protection to improve pedestrian amenity on Anzac Parade. The building does little to achieve better amenity for pedestrians, which would encourage walking and other sustainable modes of transport.

 

In relation to this issue, the applicant has provided the following comment:

 

We do not agree that this proposal violates the principles of the University’s Master Plan. Our main entrance is as close as it can be to the University’s main entrance. Street planting and other “pedestrian” policies can be developed as the western campus develops.

 

The proposed building gives excellent surveillance of the Anzac Parade pavement and Houston Lane from the podium level and entrance levels. There are no continuous street canopies in this part of Kensington. For street canopies to be effective a policy would need to be developed. Random “do it yourself” canopies detract from streetscape and retail/commercial environments.

 

The argument to take a coordinated approach to the issue of pedestrian amenity is considered valid. Adjoining properties do not provide an awning or weather protection to the street. The site is isolated from surrounding properties and other University uses which makes provision of a continuous awning structure difficult to achieve. The Master Plan principles and the University’s undertaking to work cooperatively with Council and the RTA will ensure the development of a policy to improve the boulevard character and pedestrian amenity of Anzac Parade. The possibility of future improvements to this part of Anzac Parade is not limited by the development.

 

A bicycle storage area has not been provided, however there are several locations within the ground and courtyard floor levels where bicycle parking may be accommodated. Due to the proposed University use of the building, and the numbers of students expected on site, it is considered that the development should at least comply with Council’s requirement. A condition of consent has been proposed to ensure this occurs (see Condition 3).

 

In addressing a range of concerns highlighted to the applicant, access to the building has been more equitable as a result of the amendments. The main stair to the courtyard is accompanied by a ramp (for use by all users of the building to access the ground floor level) that provides direct access to a lift to all levels of the building. This change has greatly improved the access arrangements to the building. Two (2) accessible parking spaces will be designated in the ground floor parking area off Houston Lane.

 

In relation to community facilities the Master Plan document provides that:

§  Additional public venues, retail outlets and open spaces could be made available for community use.

 

The courtyard café and courtyard on Level 1 of the building will be open to the public. This is considered to be a positive addition to the provision of facilities in this part of Kensington/ Kingsford and will assist in promoting the availability of courses etc. within the new building and University as a whole. The admission of the general public to the building will increase the profile of the University and will help to enhance the University precinct character of the area. The building will operate as per other departments on the Kensington Campus. The café will also operate within these hours.

 

The proposal is consistent with the adopted Master Plan.

 

9.3   the likely impacts of development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

Built Form

 

The built form, being a north facing courtyard flanked to the east and west by 6 and 3 storey volumes (respectively) is considered to be appropriate to the University use and has precedent on the Main Campus. The height of the building at 7 storeys to Anzac Parade and four (4) to Houston Lane has addressed issues relating to bulk and scale and provides a quality street façade that provides a buffer between heavily trafficked Anzac Parade and residential areas to the west. The western portion of the building provides a reduced scale to be consistent with adjacent residential development.

 

The materials and quality of finish provided to the front and rear elevations will be identical giving a consistent character and ensuring the proposal does not result in a poorer quality “back-of-house” presentation to dwellings to the rear of the site. The north-facing courtyard will provide excellent amenity to building users and allow natural lighting to the interior of the building.

 

The louvred façade treatment has been subject to extensive discussion regarding its materiality and aesthetic appeal. Additional information, including material samples and photomontages, has been provided to UDAS and Council in order to assess the probable appearance of the development from the street. The applicant has also provided sketch perspectives of the amended building form and changes made to the elevations of the building in order to reduce bulk. These are considered satisfactory, however a deferred commencement condition to allow for the submission of finalised architectural plans reflecting the sketches has been included in the recommendation (see deferred commencement condition 1).

 

The preliminary plans submitted to Council indicate a four (4) storey volume on the southern and northern boundaries of the site containing stairs, however the sketch perspectives and sections indicate the intention of having a single storey element above courtyard level on the southern boundary and privacy screening to the height of a storey above the courtyard on the northern boundary. The height of the building on the northern and southern boundaries is to be limited to a single storey above courtyard level for the 12 metre wide courtyard section to achieve amenity benefits for surrounding properties. Condition 2 has been included in the recommendation to achieve consistency between the preliminary plans and sketch perspectives and achieve the desired building form by limiting the height elements adjoining the courtyard on the southern and northern sides to RL 36.2.

 

The built form of the proposal is now considered satisfactory.

 

Relationship to existing streetscape and context

 

The proposal has been amended to provide greater consistency with the immediate residential context. The proposal is now considered to have a good relationship to the dwellings to the west and the builidng will not result in unreasonable or significant impacts. The reduction in the southern elevation of the building, to be two (2) storeys high for most of its length, has reduced impacts on the adjoining property to the southern side.

 

Details of the materials and façade composition of the development have been provided by the applicant to ensure the development will not be dominant in the Anzac Parade streetscape. UDAS provided comment on the original scheme and was satisfied that the façade treatment proposed and the scale of the eastern façade, was satisfactory in the context of Anzac Parade. The increase in height of the eastern façade by one storey is not significant and the height of the development at 7 storeys to Anzac Parade is satisfactory given the width of the roadway and existing buildings towards Kingsford and Kensington that attain a similar height.

 

The design will provide a recognisable building in the Anzac Parade streetscape that befits its purpose as a national centre for innovation. The proposal’s relationship to the existing streetscape and context is satisfactory.

 

Density

 

The original proposal had a Floor Space Ratio (FSR) of 4.5:1 (11,129m2) and although there are no FSR provisions for the site, when compared with the allowable FSR and development potential of surrounding sites (3:1 and 0.65:1), the size of the proposal as indicated by the FSR was considered excessive.

 

Changes made to the proposal have lowered the floor levels of the building. This results in a greater portion of the gross floor area of the building being located below street level and therefore reducing the visual impact of the gross floor area on streetscape and surrounding properties. The development achieves an above ground FSR of 4.2:1. Notwithstanding that there is no FSR standard on the site, the amended proposal meets the objectives of density controls which is to establish reasonable upper limits on development in order to reduce the potential for adverse impacts on surrounding development.

 

The café is proposed to be a small-scale operation that is intended to provide a service primarily to students and staff, although it will be open to the general public. The location of the café, within the courtyard of the building, will assist in maintaining noise from the café at acceptable levels.

 

The density of the proposed development and intensity of the use are considered to result in minimal impacts due to the location of the site on a major arterial road at the edge of a commercial centre. The proposal is considered satisfactory with regard to density.

 

Privacy

 

The building provides a terracotta louvre system to provide visual separation between the proposal and surrounding residential properties. Openings in the northern and southern elevations of the proposal will be screened by fixed louvres to ensure privacy to properties to the north and south. The northern boundary wall adjoins the courtyard. Two layers of privacy screens with staggered terracotta louvres will provide visual privacy to the adjoining property to the north.

 

The eastern (Anzac Parade) elevation will not impact on residential colleges across Anzac Parade as they are well over nine metres from the subject site.

 

The internal western elevation of the building will have access to long views over the shorter western wing of the building. The distance of this elevation from residential properties to the west and the proposed building envelope on the western boundary of the site will limit the angle of vision from this area to the rooves of surrounding dwellings and not their private open space or habitable rooms.

 

The western elevation of the western wing of the building is very close to the rear yards of the properties across Houston Lane and Levels 1-3 of the building are elevated enough to have aspect over these properties. The western elevation will have a terracotta louvre system installed one metre from the edge of the floor plate. This will provide visual screening and ensure occupants cannot stand closer to the screening to look down into nearby properties. The louvres will be oriented and fixed so as to limit outlook downwards (to the rear yards of residential properties) whilst allowing outlook in a straight line from the floor level to achieve reasonable amenity for occupants of the building.

 

The building form will provide an acoustic buffer to properties to the rear from the traffic noise of Anzac Parade. The building is unlikely to have a significant impact on the property to the south in terms of noise. The property to the north may experience some increased noise due to the location of the courtyard, however this will be limited to the buildings regular hours of operation and any unexpected noise from irregular events may be regulated through the usual channels. The plant and equipment on the roof of the building and in the basement will be subject to Council’s standard conditions regarding mechanical noise (see Conditions 6-8).

 

The proposal is considered satisfactory with regard to visual and acoustic privacy.

 

Overshadowing

 

Amendments made to the scheme have reduced impacts on the adjoining building to the south when compared to the original proposal. The development will result in similar overshadowing impacts to that of the existing building. The existing building is highest along its southern edge (3.5 storeys) and the additional storey proposed for the majority of the southern boundary will not result in a significant increase in shadowing to 229 Anzac Parade. This property will have some solar access to its rear yard during midwinter afternoons, as occurs currently.

 

The development will result in some additional shadows being cast on the rear yards of properties fronting Houston Road during midwinter mornings. However, by 12.00 noon the shadow has receded to affect only the Houston Lane roadway, and by afternoon, Anzac Parade. The proposal will not result in the reduction of solar access to these properties to less than 3 hours per day midwinter. This complies with Council’s standard residential requirement.

 

The northern orientation of the courtyard provides good solar access to the internal areas of the building and allows opportunities for natural lighting. The courtyard itself receives excellent solar access and will be a comfortable outdoor space during winter. The planting of deciduous trees in the courtyard will provide shade during the summer months.

 

The proposal is satisfactory with regard to solar access.

 

Energy Efficiency

 

The development has been designed with energy efficiency as a core design principle. The layout of the building around a central courtyard with corridors on the edges of the building and usable spaces within, allow for a mixed-mode ventilation system to take advantage of natural cross ventilation when conditions are right (approximately 50% of the year). Classrooms will be fully air-conditioned. The courtyard form allows for the Anzac Parade and Houston Lane elevations to be completely sealed to provide acoustic benefits and reduce the transfer of air pollution from Anzac Parade.

 

The architects of the proposal have provided detailed data on the embodied energy of the proposal and made a comparison on the value of other options:

 

Terracotta Option –

Total Process Energy Requirement (PER) embodied energy = 0.17GJ

 

Aluminium Option –

Total PER embodied energy = 4.4GJ = 26 times the terracotta option

 

Steel Option –

Total PER embodied energy = 0.4GJ = 2.3 times the terracotta option

 

Even if other factors such as replacement, maintenance, finishes, support structure etc. were factored in, terracotta is most probably going to be preferable.

 

This provides an estimate for the relative embodied energies. It excludes factors such as transportation and construction energy requirements but the PER typically 50-80% of the gross energy of a material (Lawson) and so is a reasonable indication.

 

The proposed option of terracotta louvres has a lower embodied energy than for steel or aluminium. This is consistent with sustainability principles in the UNSW Master Plan.

 

The development has incorporated energy efficient details into the design, where practical, given the quality of space and technical servicing required. The development is satisfactory with regard to energy efficiency.

 

Social Impacts

 

The building will house a new initiative with the objective of fostering Australia’s capacity to produce world-class information and communications technology research and globally competitive products and services. This is considered to have a national benefit for Australia and the location of such an innovative and nationally significant institution in Kensington will complement existing uses such as NIDA.

 

The facility will assist in promoting the University precinct and may provide opportunities for businesses that may benefit from the association with such an institution.

 

The provision of a public café within the new building will promote the University to non-students and the general public and will enhance the University precinct in the area. The amendments made to the scheme have improved its accessibility for people with limited mobility to make the dual entries to the building more equitable.

 

The development is satisfactory with regard to social impacts.

 

Safety and security

 

The proposal will be secured as per the management requirements of UNSW and joint venture partners. Main access to the building will be from the courtyard at Level 1. The courtyard will be secured at night with a gate located at the top of the courtyard entry stairs. There is no through access from the courtyard to Houston Lane or any other public thoroughfare. The blocking of access at night will not present a security issue for pedestrians after hours. The courtyard will be overlooked by the ‘public’ functions (café, student common room and student services) located at the edges of this space and the first two (2) levels above the courtyard.

 

The glazed façade of the building allows surveillance of the footpath of Anzac Parade from the lower levels of the building. The amendments to the scheme relocated the café from the rear of the courtyard to the Anzac Parade frontage (adjoining the main entry to the building). This location will improve visibility of the café and will provide direct surveillance of Anzac Parade. Upper floors will have an outlook over the opposite side of Anzac Parade and the main campus.

 

The proposal is considered to be satisfactory with regard to safety and security.

 

9.4   Traffic and Parking

 

The original proposal provided underground carparking for sixty (60) vehicles. The amendments to the scheme and the high water table in Kensington have reduced this provision to four (4) spaces provided at grade and accessed from Houston Lane.

 

The proposal is considered unlikely to generate traffic and demand for parking over and above the existing demand in the immediate area. The location of the proposal so close to the main campus and on a major public transport route (Anzac Parade) has lessened the impact of reduced traffic provision. The lack of parking is considered to encourage sustainable modes of transport. The need to provide bicycle parking in a prominent and convenient location has been included as a condition of consent (see Condition 3).

 

Fifty-six (56) spaces will be located for use of the new building in the Barker Street parking station. The Barker Street parking station (DA 800/2002) was approved with an additional basement level of parking and is considered to be capable of accommodating the requirements of the proposal. This provision has been included as a condition of consent (see Condition 4). Opportunities for provision of parking also exist in the proposed High Street parking station and the redevelopment of the Western Campus. The provision of two regular and two disabled spaces from Houston Lane allow for short-stay and drop-off parking and assist in providing equitable access to the proposed facilities.

 

Deliveries to the premises will be made via Houston Lane with a loading dock provided in the southwestern corner of the building. The loading dock has convenient access to a lift and the ground floor cafe. The location of the vehicular access in Houston Lane satisfies the RTA’s advice, which requires vehicular access to be provided away from Anzac Parade to improve streetscape pedestrian amenity and safety (see 4.5.1 of Kensington Town Centre DCP). The provision of loading and carparking to the rear of the site is sensible and preferable to providing access from Anzac Parade, which has very high traffic volumes.

 

Council’s Director Assets and Infrastructure has made comment on the proposal and is satisfied with traffic and parking provisions subject to conditions of consent (see conditions 52-63).

 

The development is satisfactory with regard to traffic and parking.

 

9.5   The suitability of the site for the development

 

The site was indicated for redevelopment in the recently adopted UNSW Master Plan. The redevelopment of the site for improved educational facilities is consistent with the Special Uses zone and has excellent access to public transport and the facilities and infrastructure available on the main campus. The proposal has limited the excavation required and will not result in negative impacts on groundwater in the area.

 

The site is suitable for the proposed development.

 

9.6   The public interest

 

The provision of an educational facility in the proposed location will provide additional opportunities for public interaction with the University and will redevelop an existing site with a building of high quality design and street presentation. The proposal will not result in significant impacts on surrounding properties. The development is considered to be in the public interest.

 

10.  CONCLUSION

 

The amendments made to the proposal to reduce the height and resulting impacts of the building have ensured the proposal is appropriate with regard to its context and the amenity of surrounding properties. Changes made to the southern and northern elevations have further reduced the bulk of the building and lessened impacts on the streetscape and surrounds. Changes to the internal layout of the building have relocated the café to a location that will enliven the street façade while maintaining direct access to the courtyard.

 

Appropriate conditions of consent have been imposed to ensure the development will not significantly impact on existing infrastructure. Conditions have also been imposed to ensure the proposal does not exacerbate existing impacts resulting from the University use (such as parking).

 

It is considered that the proposed building is appropriate on the site given the desired future character of the area and the objectives contained within the RLEP98 and UNSW Master Plan for the Kensington Campus. 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. The application is therefore recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0720/02 for construction of a educational building and associated basement car parking at 221-227 Anzac Parade, Kensington, 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.   A consolidated set of finalised architectural plans, which reflect the amendments made in draft form are to be submitted to Council. The plans are to incorporate the following:

 

§ Details of the proposed colours, materials and textures and coloured elevations at a scale of 1:100 of the building are to be submitted to and approved by Council’s Director of Planning and Community Development. Where details have been provided to the satisfaction of Council previously these are to be included for consistency and to provide consolidation of the approved plans.

 

§ The preliminary plans stamped received by Council on 27 November, for Option 02 labelled Level Lower Ground Level, Level Ground, Level 01(Courtyard), Level 02, Level 03, Level 04, Level 05, Level 06, Level 07 (Roof) and the undated drawings Section@ grid C and cross sections between grids G.R.H. are to be represented to Council in a finalised architectural drawing format at a scale of 1:100.

 

Evidence required to satisfy the above conditions must be submitted to Council within 12 months of the date of this consent in accordance with Clause 95(3) of the Environmental Planning and Assessment Regulation 2000, or the consent will lapse.

 
Development Consent Conditions

 

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

 

REFERENCED PLANS:

 

1.   The development must be implemented generally in accordance with the plans drawn by Bligh, Voller, Nield Architects numbered A-D002(OPT 2), Issue 6 of A-D003, A-D004, A-D005 and A-F003(OPT 2) dated received by Council on 21 November, 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:

 

2.   The maximum height of the central portion of the northern and southern facades is not to exceed RL 36.2. This condition is imposed to clarify anomalies in the documentation and to ensure the scheme achieves the amendments discussed to minimise impacts on adjoining properties. This requirement is to be shown in the drawings submitted with the Construction Certificate application.

 

3.   Forty-Five (45) bicycle parking spaces are to be provided in a secure and convenient location, nearby the entry to the building for the use of building occupants and visitors. Clear signage is to be provided indicating the location of the spaces from the front entry.

 

The bicycle parking is to be provided in accordance with the guidelines in Council’s DCP – Parking. Details of the bicycle parking are to be included in the Construction Certificate application.

 

4.   The applicant is to dedicate a minimum of fifty-six spaces in the approved extension to the Barker Street carpark for use by staff, students and visitors to the building at 221-227 Anzac Parade. These spaces are to be appropriately marked and monitored to ensure the provision of 56 spaces for exclusive use of the proposed building is maintained. A plan of the proposed Barker Street parking indicating the spaces to be dedicated is to be provided with the application for a Construction Certificate.

 

5.   Courtyard plantings shown in the plans required by Condition 86 are to be deciduous species. This condition is imposed to ensure appropriate shade /solar access and amenity to the courtyard area during summer and winter.

 

6.   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 condition.

 

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:

 

7.   The 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.

 

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

 

9.   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 satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

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

 

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

 

12. 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, 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:

 

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

 

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

 

14. 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 minimization 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.

 

15. 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.

 

16. 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 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.

 

17. The installation of ground or rock anchors underneath any adjoining premises/buildings 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.

 

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

 

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

 

19. 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.

 

20. 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.

 

The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person, to the satisfaction of the Principal Certifying Authority), to monitor compliance with the relevant standards of construction.

 

Documentary evidence of the building inspections carried out and compliance with Council’s approval 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, to the satisfaction of the Principal Certifying Authority) 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, sand, soil, debris, waste containers or other obstructions.

 

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

 

22. 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.

 

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

 

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

 

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

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

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

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

 

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

 

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

 

27. 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.

 

28. 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.

 

29. 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 all floor slabs showing the land, building and boundary setbacks and verifying that the building is being constructed at the approved levels.

 

30. 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.

 

31. 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.

 

32. 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.

 

33. 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 and debris at all times.

 

34. 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.

 

35. 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.

 

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

 

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

 

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

 

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

 

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

 

39. 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.

 

40. 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.

 

41. 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.

 

42. Public access to the site and building works, materials and equipment on the site is to be restricted.

 

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.

 

Fences or hoardings 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.

 

Details of the proposed temporary fences located upon the site are to be submitted to the principal certifying authority and 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.

 

43. A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·          any works or hoisting of materials over a public footway or adjoining premises, or

·          any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

Details of the proposed fences or hoardings located upon the site are to be submitted to the principal certifying authority and 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.

 

44. 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.

 

45. 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 provide access and facilities for people with disabilities:

 

46. Access, car parking, lift facilities, signage, hearing augmentation and sanitary facilities for persons with disabilities being provided to the building, in accordance with Parts D3 and F2 of the Building Code of Australia.  Details of compliance are required to be provided in the relevant plans and specifications for the construction certification for the development.

 

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

 

47. Food preparation, storage and service areas are to be designed and constructed in accordance with the Council’s Food Premises Code and details of compliance are to be included in the plans and specification for the construction certificate to the satisfaction of the certifying authority.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

50. Prior to a construction certificate being issued, a detailed site contamination investigation must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past filling activities that may have occurred on site.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.  The detailed site contamination report must be provided to Council, in accordance with Council’s Land Contaminated Land Policy.

 

The Site Contamination Investigation report is to be submitted to and approved by Council’s Manager Environmental Health & Building Services prior to issuing a construction certificate.

 

Should the Detailed Site Investigation Report not find any site contamination to both land and groundwater, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use without restrictions, posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.

 

Should the Detailed Site Investigation Report identify that the land is contaminated, then a Remedial Action Plan (RAP) is required to be submitted to and approved by Council prior to commencing remediation works. Upon completion of any remediation works, a Site Audit Statement and Summary Site Audit Report is to be submitted to and approved by Council, prior to a construction certificate being issued, stating that the site is suitable for the intended development and use.

 

The Site Audit Statement must be unconditional, in that, it must not include any conditions requiring or recommending any works or monitoring after the commencement of building works.

 

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

 

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

 

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

 

a)         $5000.00         -           Security damage deposit

 

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

 

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

 

52. 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)         $5000.00         -           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:

 

53. An approval under the Roads Act 1993 is required to be obtained from Council in relation to all drainage and infrastructure works which are located within the roadway/public place. Details of the proposed works are to be submitted to, and approved by, the Director of Assert and Infrastructure Services prior to commencing such work. Council is to be nominated as the principal certifying authority in respect of those works.

 

54. No site construction works are to be commenced until Council is provided with a Deed duly executed by the Applicant (and where the Applicant is not the owner the subject of the development then the Deed must be duly executed by such owner(s)) in essence containing an operative provision to the effect that in consideration of Council as owner permitting works on, in or over Anzac Parade and Barker Street Randwick, as referred to in Conditions 81 and 83 of this consent Council shall be appointed the principal certifying authority pursuant to Section 109E of the Environmental Planning and Assessment Act 1979 in respect of those works. All works to be carried out at no cost to Council. The Deed to be binding upon the transferees, assignees and successors in title of the Applicant/Owner(s).

 

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

 

a)   Construct a full width concrete industrial vehicular crossing/s and layback/s at kerb in Houston Lane opposite the vehicular entry/exit points for the site.

 

b)   Remove any redundant vehicular crossing/s in either Anzac Parade or Houston Lane reinstate the area to Council's specification.

 

c)   Construct kerb and gutter for the full site frontage in Houston Lane except opposite the vehicular entrance and exit points.

 

d)   Carry out a full depth, minimum 2.0 metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

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

 

f)    Reconstruct the footpath in Anzac Parade along the full Anzac Parade site frontage, such footpath reconstruction works to be in accordance with Council’s Urban Design Guidelines for Kensington.

 

g)   Carry out drainage construction works in Anzac Parade and Barker Street generally in accordance with Option 4 as presented in the report titled “UNSW Unisearch House- Hydraulic Calculations of Flood Levels”, including restoration of footpaths, reconstruction/construction of kerb and gutter and any associated roadworks.

 

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

 

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

 

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

 

59. Prior to a Construction Certificate being issued the applicant shall submit to the Certifying Authority for approval, and have approved, longitudinal sections along the extremities and the centreline of each internal driveway/access ramp at a scale of 1:20. Each section shall indicate compliance with Council’s issued alignment levels. Vehicular access driveways are to be designed in general accordance with Council’s Development Control Plan – Parking and the relevant sections of AS 2890.1-1993.

 

The proposed internal loading dock and adjacent car parking areas shall be designed and constructed at a minimum level of RL 24.50 (This minimum level is required to help reduce the possibility of ponded stormwater in Houston Lane entering these areas).

 

60. Prior to the commencement of any site construction works within or adjacent to the development site the applicant shall submit for approval, and have approved by the Roads and Traffic Authority (RTA) the final approved design for the external stormwater drainage works. All conditions and requirements of the RTA shall form a part of the conditions of consent of this development application.

 

61. The applicant must meet the full cost for Council or a Council approved contractor to carry out all works associated with the new Council stormwater pipeline/s.

 

62. Prior to the commencement of any site construction works the applicant must lodge with Council two Bonds (i.e. deposits refundable in terms of the approval) in the form of cash or cheque, or bank guarantee acceptable under Council policy 3.02.08, for the amount of:-

 

h)   Bond 1 - $100,000.  This Bond is a security deposit to ensure the construction of the abovementioned civil works.

 

i)    Bond 2 - $100,000.  This Bond is a security deposit to ensure the construction of the Council stormwater pipeline.

 

The Bonds will be released upon the applicant meeting the costs and conditions for Council or a Council approved contractor to carry out the abovementioned civil works.

 

63. Prior to the issuing of a construction certificate for this application the applicant shall submit to Council, for Council’s consideration and approval, a detailed parking strategy/parking masterplan demonstrating that the onsite carspace “shortfall” associated with this development, (identified by the applicant as being 56 spaces), can be accommodated within the proposed Barker Street carpark extension. The parking strategy/masterplan shall establish the time frame for construction of the Barker Street carpark extension and shall demonstrate that allocation of 56 spaces to this development will in no way impact on parking provisions for other approved/proposed developments within the UNSW Kensington Campus. The applicant shall contact Council’s Development Engineer to discuss Council’s requirements for the parking strategy/masterplan prior to preparation of same.

 

64. Prior to the issuing of a construction certificate for this application the applicant shall submit to Council for approval, and have approved, detailed turning manoeuvre diagrams for the proposed loading bay. The turning manoeuvres should demonstrate compliance with the relevant provisions of AS 2890.2 and Council’s Development Control Plan - Parking. The applicant shall note the following when preparing the turning manoeuvres:

 

Houston Lane will remain open to two way traffic movements with a carriageway approximately 4.9metres in width and footpaths approximately 600mm in width, (i.e. distance from property alignments to the face of kerb shall be approximately 600mm).

 

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

 

65. 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 Houston Lane property boundary for driveways, access ramps and pathways or the like, shall be:

 

·   50mm above the centreline of the laneway at all points opposite the centreline, along the full Houston Lane site frontage.

 

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

 

66. The Council’s Department of Asset & Infrastructure Services has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the Anzac Parade property boundary for driveways, access ramps and pathways or the like, shall be 100mm above the top of the kerb at all points opposite the kerb, along the full Anzac Parade site frontage.

 

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

 

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

 

68. The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services  have been issued at a prescribed fee of $1630.00 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:

 

69. 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.

 

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

 

71. 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.

 

72. 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:

 

Site Stormwater Works/Calculations

 

73. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the Director of Assets and Infrastructure Services prior to a Construction Certificate being issued. The drawings and details shall include the following information:

 

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

 

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

 

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

 

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

 

i.    Roof areas

ii.    Paved areas

iii.   Grassed areas

iv.   Garden areas

 

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

 

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

 

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

 

74. Stormwater from the site shall be directed to the stormwater pipeline required to be constructed in Anzac Parade (construction of this pipeline being a condition of this development consent with the pipeline/s being referred to in Option 4 of the document - “UNSW Unisearch House Hydraulic Calculations of Flood Levels”by ARUP).

 

Note that a reflux valve should be constructed within the outlet pipe from the silt arrester pit (and located within the development site so that it can be serviced by the owner/manager of the development).

 

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

 

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

 

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

 

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

k)   prior to stormwater discharging into any absorption/infiltration system.

 

The sediment/silt arrestor pit shall be generally constructed with:-

 

·    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 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.”

 

78. 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.

 

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

 

80. Any garbage storage area is to be provided with a tap and hose and the floor is to be graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

 

External Stormwater Works

 

81. Prior to the issue of a Construction Certificate the applicant shall submit for approval, and have approved by the Director of Asset & Infrastructure Services, a plan with drainage calculations (compiled by a suitably experienced and qualified Civil Engineer) that determines the 1 in 100 year flood event for this area using the "ILSAX" or “DRAINS” Urban Drainage Simulation Models. A hydraulic grade line analysis for the proposed or relocated pipelines shall also be submitted for approval.

 

Notes:-  Rainfall intensities are to be calculated following the procedure demonstrated in chapter 2 Australian Rainfall & Runoff-1987 edition.

 

The applicant is advised to contact Council's Department of Asset & Infrastructure Services for further information.

 

The following information must be submitted to the Council for checking and record purposes:

 

l)    All data files on 3 1/2" MS-DOS formatted diskettes together with a suitable index to relate data files to the various run parameters

 

m)  Plans showing:

 

·    Total catchment area.

·    sub-catchments and areas and nomenclature used to define the various piped reaches.

·    Overland flow paths.

·    Location and sections of all drainage lines showing:

Pipe sizes and grades

·    Pit/gully surface levels as well as invert levels of inlet and outlet pipe.

·    Proposed finished surface levels and 0.2m contours over the development site.

·    All levels to Australian Height Datum.

 

n)   Detailed stormwater drainage plans, longitudinal sections, details and calculations in general accordance with:-

 

i)    the recommendations of the “Floodplain Management Manual” and “Australian Rainfall and Runoff , 1997 Edition”.

 

ii)   Option 4 (as presented in the “UNSW Unisearch House Hydraulic Calculations of Flood Levels”by ARUP) This proposal shall include the construction of a stormwater drainage culvert that to drain a 1 in 100 year flood from the low point in Anzac Parade to a suitable location on the pipeline system in Barker Street (where stormwater can overflow in Barker Street and not enter Houston Lane).

 

Details required by Council for the design/construction plans for the proposed Council stormwater pipeline/s shall include the following:

 

o Plan view as well as longitudinal Sections showing grades and levels to A.H.D.

o Method of supply, laying and backfilling of drainage pipeline.

o Location of public utility services accurately located, leveled and shown on the submitted plans and longitudinal sections.

o Location of Council street trees.

o Junction/Drainage Pit designs.

o Extent of road excavation/restoration works

o A traffic management plan

 

82. The applicant shall ensure that the floor level of all habitable and storage areas, entrance to stair wells and any portion of any window, vent, or other opening is:- 

 

o)   a minimum of 300 mm above the 1 in 100 year storm event flood level in Anzac Parade.

p)   above RL 24.65 in Houston Lane.

 

This condition is required to minimise the possibility of floodwater entering the proposed building for storm events up to and including the 1 in 100 storm event.

 

83. Prior to the commencement of any site construction works the applicant shall submit for approval, and have approved by the Director of Asset & Infrastructure Services a specification for the:

 

·    Supply, laying and backfilling of the stormwater pipelines and box culverts.

 

·    Construction of stormwater pits and other associated structures.

 

The applicant shall note the following when preparing the specification:

 

i)    All future Council stormwater pipelines shall be constructed with spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). The Council stormwater pipelines shall be a minimum of 375mm diameter. Prior to backfilling, the pipeline shall be inspected and approved by the Director of Asset & Infrastructure Services.

 

Generally backfill material for the pipeline trench shall be:-

 

§ clean sand.

§ watered in.

§ compacted in 150 mm layers with a minimum 97% relative compaction.

 

Notes:

·    Should an alternate pipeline be preferred, then the following parameters of that pipeline are to be compared against an equivalent rubber ringed steel reinforced concrete pipeline (RRRCP):-

 

-     hydraulic performance.

-     service life (eg  abrasion etc) with a minimum80 year service life.

-     structural loading.

-     maintenance.

 

The alternate pipeline must clearly demonstrate an equivalent and/or superior quality to a rubber ringed steel reinforced concrete pipeline for all the above parameters. All details shall be submitted to and approved of by the Council.

 

ii)   All standard extended kerb inlet pits shall be constructed:-

 

·    in “situ” (a precast pit will be acceptable only in a park or reserve).

·    in accordance with Council’s drawings SD 3 or SD  8 (subject to the depth and/or the size of the pipeline).

·    with a minimum concrete strength of 32 Mpa.

 

iii)   All standard junction pits shall be constructed:-

 

·    in “situ” (a precast pit will be acceptable only in a park or reserve).

·    in accordance with Council’s drawing SD 4.

·    with a minimum concrete strength of 32 Mpa.

 

iv)  All other pits that cannot be constructed to the above details shall be designed by a structural engineer. The detail of the pit/s shall in general, be similar to SD 3 (for an inlet pit) or SD 4 (for a junction pit). Note that all pits shall be;-

 

·    benched with a minimum 75 mm concrete.

·    constructed with a minimum concrete strength of 32 Mpa.

 

84. Prior to the final inspection or occupation, the applicant shall submit to Council CCTV videos of the Council stormwater pipelines that have been constructed. Such CCTV shall inspect all stormwater pipes for any post construction damage.

 

The applicant shall note that should this pipeline be incorrectly laid or damaged, Council will remove the affected pipeline and construct a new equivalent diameter R.R.R.C.P. with concrete encasement and associated junction pits. All costs associated with removing and constructing the pipeline and associated works shall be met by the applicant.

 

Ground Water

 

85. Prior to the commencement of any site construction works the applicant shall submit to Council details that clearly indicate the base level of the proposed lift wells are either:

 

q)   a minimum of 2.0 metres clear of the water table; or

 

r)    suitably tanked to a minimum of 2.0 metres above the water table.

 

Waste Management Conditions

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

 

86. Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for both the residential and commercial components of the development site, post construction. The applicant shall liaise with Council’s Manager of Waste to obtain Council’s requirements for waste disposal prior to preparation of the waste management plan.

 

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

 

87. Prior to the issue of a Construction Certificate the applicant shall submit for approval, and have approved by the Certifying Authority, detailed landscape drawings and specifications. 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,