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

 

4th February 2003

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 11TH FEBRUARY 2003 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING AND PLANNING COMMITTEE MEETING HELD ON TUESDAY, 3RD DECEMBER, 2002.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                        

DEVELOPMENT APPLICATION REPORT - 9 MAWSON PARADE, CHIFLEY.

2

 

5.2                        

DEVELOPMENT APPLICATION REPORT - 48 CLOVELLY ROAD, RANDWICK.

31

 

5.3                        

DEVELOPMENT APPLICATION REPORT - 5 TAYLOR STREET, MAROUBRA.

39

 

5.4                        

DEVELOPMENT APPLICATION REPORT - 48 MOORINA AVENUE, MATRAVILLE.

51

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.5                      

DEVELOPMENT APPLICATION REPORT - 44-46 BORRODALE ROAD, KINGSFORD.

76

 

5.6                      

DEVELOPMENT APPLICATION REPORT - 22A PAULING AVENUE, COOGEE.

123

 

5.7                      

DEVELOPMENT APPLICATION REPORT - 2 SHARP STREET, MATRAVILLE.

133

 

5.8                      

DEVELOPMENT APPLICATION REPORT - 12 KURRAWA AVENUE, COOGEE.

147

 

5.9                      

DEVELOPMENT APPLICATION REPORT - 114 VICTORIA STREET, MALABAR.

198

 

 

6           Miscellaneous

 

6.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 01/2003 - PLANNING FOR BUSHFIRE PROTECTION – UPDATE.

218

 

6.2                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 02/2003 - USE OF STATE ENVIRONMENTAL PLANNING POLICY (SEPP) NO. 1 IN DEVELOPMENT APPLICATIONS - UPDATE FOR FIRST QUARTER OF 2002/03 FINANCIAL YEAR.

223

 

6.3                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 03/2003 - COASTAL ZONE MAPPING FOR STATE ENVIRONMENTAL PLANNING POLICY NO. 71 - COASTAL PROTECTION.

226

 

6.4                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 04/2003 - RANDWICK LEP AMENDMENT NO. 29: 100-120 KING STREET, RANDWICK.

235

 

6.5                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 05/2003 - RANDWICK LOCAL ENVIRONMENTAL PLAN 1998 AMENDMENT NO.31 FOR 68-76 WENTWORTH STREET, RANDWICK.

242

 

 

7           General Business

 

8           Motions Pursuant to Notice

 

9           Notice of Rescission Motions

 

 

 

 

…………………………………

GENERAL MANAGER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

20 January, 2003

FILE NO:

02/01036/GD

 

PROPOSAL:

 Demolish existing building and construct a new two storey attached dual occupancy

PROPERTY:

 9 Mawson Parade, Chifley

WARD:

 South Ward

APPLICANT:

 Classic Plans

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

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

 

The estimated cost of the development is $400,000.

 

The application is seeking approval to demolish the existing single storey brick and tile cottage and garage and erect a new double storey attached dual occupancy. The subject property has a site area of 645.64m2 and a dual occupancy development is permissible on the site, subject to approval.

 

The proposal was notified to adjoining and nearby property owners and two (2) submissions were received. The main concerns relate to loss of amenity and architectural character.

 

The recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

The applicant is seeking approval to demolish the existing building and construct a new double storey attached dual occupancy development. The proposed development will have single garages with a car space in front at the northern and southern ends of the site.  At ground level each dwelling will contain a lounge room, kitchen, family room, dining room and laundry. At first floor level each dwelling will contain four bedrooms, one with ensuite and walk-in-robe, and a bathroom.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Mawson Parade, Chifley and is occupied by an existing single storey cottage. The site is a regular shaped allotment, having a frontage of 15.24m to Mawson Parade, depth of 42.365m and a total site area of 645.64m2.

 

The street is comprised predominately of single and double storey dwellings of modest scale similar to that proposed on the subject site. Adjoining development includes a large double storey dwelling to the north and a detached dual occupancy development to the south and new double storey developments to the east and west.

 

4.         SITE HISTORY

 

a.   APPLICATION HISTORY

 

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

 

 

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

 

Philip & Rosemary Vanny         -           7 Mawson Parade, Chifley

 

Concerns:

-     Dual occupancy developments are restricted to sites which area greater than 900m2 of land. The subject block is inadequate in size and does not comply with Council’s controls.

-     Proposal is an overdevelopment and should be restricted to a single residence only.

-     The proposed balconies will impinge on privacy

 

Mr Hao Zhou & Mrs Li LI       -           2/11 Mawson Parade, Chifley

 

-     East facing balcony will affect privacy

 

6.         TECHNICAL OFFICERS COMMENTS

 

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

 

6.1       Building and Construction Issues

 

-     BCA Classification

 

Under the Building Code of Australia, the classification of the building is Class 1a – Dwelling.

 

6.2       Engineering Issues

 

Landscape Comments

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

 

b.   One specimen of Eucalyptus species (Gum Tree) located along the northern boundary of the front of the site. This tree is in the order of 6 metres in height and appears to average condition. Permission is granted for the removal of this tree subject to one replacement (not palm) located within the site.

 

c.   One specimen of Melaleuca armillaris (Honey Myrtle) located towards the northern boundary of the front of the site. This tree is in the order of 5-6 metres in height and is in average condition. Permission is granted for the removal of this tree subject to one replacement (not palm) located within the site.   

 

d.   One specimen of Eucalyptus species (Gum Tree) located towards the eastern part of the rear of the site. This tree is in the order of 8-10 metres in height and appears to be in poor condition with a notable amount of deadwood. Permission is granted for the removal of this tree subject to one replacement (not palm) located within the site.

 

e.   One specimen of Echinopsis species (Cactus) located towards the southern boundary of the rear of the site. This tree is in the order of 7 metres in height and appears to be in average condition. Permission is granted for the removal of this tree subject to one replacement (not palm) located within the site.

 

Drainage Comments

 

Onsite detention of stormwater is required for this application.

 

7.         MASTER PLANNING REQUIREMENTS

 

A Master Plan is not required as the site is less than 4000 square metres.

 

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 2A 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

450m2

645.64m2

Yes

31 – Landscape Area

40% of total site area

55%

Yes

32 – FSR

0.5:1

0.5:1

Yes

33 - Building Height

9.5m Overall Building Height

 

7m External Wall Height

8.1m

 

 

6.1m

 

Yes

 

 

Yes

 

 

8.1       Policy Controls

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

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

.

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

 

 

 

P7  Landscape design assists microclimate management.

 

 

 

 

 

 

 

 

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

 

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

 

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

 

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

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

 

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

 

S2  Private open space

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

 

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

 

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

 

 

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

 

 

Complies, Nathers rating of 4 stars.

 

 

Complies: 3 hours sunlight received to windows

 

 

 

Complies, 3 hours of sunlight received to recreation areas

 

 

Complies

 

 

 

 

Complies, principle recreation areas will receive 3 hours of sunlight

 

 

 

 

Complies, principle recreation areas will receive 3 hours of sunlight

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

collect and drain to a suitable disposal system;

do not adversely affect existing downstream systems;

fit in with hydrology;

use on–site stormwater infiltration;

maximise opportunities for stormwater re-use stormwater;

retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

 

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

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

 

 

 

Suitable condition included in recommendation.

 

 

 

 

 

 

 

 

Suitable condition included in recommendation.

 

 

 

 

 

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

 

 

P6  Unpaved or unsealed landscaped areas are maximised.

S1  40% of the total site area is landscaped.

 

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

 

S1  Private open space is located behind the building line.

 

S6  20% of the site area is permeable.

 

 

Complies, approx 55% of site area is landscaped

 

Complies > 70m2 for each dwelling

 

Complies, dimensions include 10m x 7m

 

Complies

 

 

 

Complies, approx 47%

FLOOR AREA

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

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

Complies, 0.5:1

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

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

 

P6  Design allows view sharing.

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

 

S3  Cut or fill does not exceed 1m.

 

 

S3  No excavation within 900mm of side boundary.

 

 

 

 

S3  No excavation within 3m of rear boundary.

 

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

 

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

 

Complies 6.1m

 

 

 

Complies

 

 

 

Does not comply, excavations for garage footings only (see section 9.2 setbacks)

 

Complies

 

 

Complies

 

 

 

 

N/A

BUILDING SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

 

 

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

Front Setback

 

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

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setback

 

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

 

 

 

 

 

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

 

 

 

 

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

 

 

 

Complies, front setback average of adjoining properties

 

 

 

 

Complies, >14m

 

 

 

 

 

 

 

Does not comply

Garages Nil setback from northern and southern (see section 8.2 setbacks)

 

Does not comply setback 1.125m from northern boundary See section 8.2 setbacks)

 

N/A

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

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

 

 P1  Buildings provide comfortable living and sleeping environment.

 

 

 

 

P2  Entries are readily identifiable.

 

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

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

 

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

 

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

 

 

 

 

 

S3  Buildings comply with

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

 

 

S1,2,3  Front doors visible from street.

 

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

 

S2  Street number displayed.

 

 

S3  Fences comply with fencing requirements.

 

 

Complies, habitable room windows do not directly overlook into others windows.

 

Condition requiring privacy screens to rear balconies.

 

 

 

 

 

 

 

 

Complies

 

 

 

Complies

 

 

 

 

 

 

Complies

 

 

 

Complies

 

 

 

Complies

 

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

enable the efficient use of car spaces.

safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

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

 

 

 

 

 

 

 

 

 

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

 

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

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

 

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

 

 

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

 

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

2 Spaces per dwelling in stacked formation.

 

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies

 

 

 

 

 

Complies

 

 

8.2       Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Landscaping

 

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

 

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

 

If the private open space is proposed towards the front of the dwelling it should be located behind the required building line.

 

As indicated in the table above, the proposal fully complies with the landscaping requirements of the DCP, which requires a minimum of 40% of the site area to be landscaped of which 20% of the area has a permeable treatment.

 

It is considered that the proposal satisfactorily complies with Council’s objectives and performance requirements in regards to landscaping requirements.

 

Floor Area

 

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

 

The preferred solution for an allotment with an area of 645.64m2 is that a maximum floor space ratio of 0.5:1 applies.

 

The proposal satisfactorily meets the maximum floor space ratio requirement of the LEP and under Section 4.2 of the DCP.

 

It is considered that the proposal is acceptable with regard to bulk and scale and is compatible with the character of the surroundings. The proposal satisfactorily complies with the preferred solutions and performance requirements. 

 

Height, Form & Materials

 

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

 

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

 

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

 

The proposal satisfactorily complies with the preferred solutions and performance requirements with regard to height form and materials. The immediate surroundings include a double storey dwelling to the northern side. The surrounding locality is currently undergoing significant redevelopment with new double storey dwelling and attached dual occupancies, the proposal is consistent with the type of development being built in the area.

 

Building Setbacks

 

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

 

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

 

The proposed garages at ground level have a nil setback along the northern and southern side boundaries, for a length of 7.74m. At first floor level, the proposed building is setback at 3m along the northern side with the exception of a bedroom wall and balcony with a length of 5.196m, which is setback at 1.125m. Along the southern side, the proposed building is setback 3.025m, with the exception of the ensuite wall being setback 1.9m for a length of 4.1m. Overshadowing arising from the proposal will be acceptable as adjoining properties will be able to receive the minimum 3 hours sunlight requirement on the winter solstice (see Section 9 Environmental Assessment), and the limited encroachment is not considered to give rise to adverse impacts on neighbouring properties in terms of privacy, access to light, air and views.

 

Visual & Acoustic Privacy

 

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

 

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

 

The windows of the proposed first floor level have been designed so that they do not directly overlook into the windows of the adjoining properties. These windows are all attached to either bedrooms or bathrooms, and due to the less intensive use of the rooms it is considered that minimal overlooking will transpire. The proposed building is setback greater that 14m from the rear boundary, and it is not considered that overlooking into the rear properties will be achieved. It is recommended, however, that should approval be granted, privacy screens having a minimum height of 1.8m be erected along the northern and southern side of the first floor balconies in order to minimise overlooking into the rear yards of the adjoining properties.

 

Safety & Security

 

The objectives and performance requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance, dwellings and their entrances are readily identifiable by street numbering and design of front fences and landscaped areas allows for safe access to the dwelling.

 

Preferred solutions are that the front doors of dwellings are visible from the street, at least one habitable room window overlook the street, a Council approved street number is conspicuously displayed at the front of the dwelling or front fence, and that any front fence comply with the other relevant requirements of the DCP. 

 

The proposal satisfies the relevant preferred solutions and performance requirements with relation to safety and security.

 

Garages & Driveways

 

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

 

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

 

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

 

The proposed garages have dimensions 7.74m x 3.285m, with a height clearance of 2.2m. the proposal complies with the preferred solutions and performance requirements  in relation to section 4.7 garages, Carports and Driveways. The proposed length of the garage may be reduced by 1m as it is unnecessarily excessive and adds bulk to the adjoining premises and will assist in the reduction of overshadowing impacts and visual bulk to the adjoining premises.

 

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       Physical relationship to and impact upon adjoining development

 

Shadows cast by the proposed development affects the No 11 Mawson Parade to the west in the morning period and Nos 11 & 11A Mawson Parade to the east in the afternoon.

 

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

 

The shadow diagrams and elevational shadow diagrams submitted by the applicant indicate that the majority of shadows cast by proposed development will fall onto front yard area roof side walls and the first two north facing windows of No 11 Mawson Parade. The shadows cast by the proposed development will fall onto part of the rear yard area, and roof, side walls and the 3rd and 4th north facing windows of No 11 Mawson Parade and part of the 1st and 2nd windows of No 11A Mawson Parade to the east in the afternoon period.

 

The requirement for a minimum 3 hours of sunlight being substantially received to rear yards and living spaces of adjoining properties would be reasonably met, by the proposed development.

 

9.2       Matters raised by objectors

 

A majority of the issues raised in the submissions have been discussed in the report above. The following relates to issues in the submissions not previously discussed:

 

-     Dual occupancy developments are restricted to sites within area greater than 900m2 of land. The subject block is inadequate in size and does not comply with Council’s controls.

-     Proposal is an overdevelopment and should be restricted to a single residence only.

 

Comment:

Under Randwick Local Environmental Plan 1998 an attached dual occupancy is permissible in a 2A zone. Clause 30 of RLEP 1998 sets a  minimum allotment size of 450m2 with a 12m frontage. The subject site has a site area of 645.64m2 and a 15.24m frontage. The proposed attached dual occupancy development is permissible on the site and complies with the minimum development standards. The minimum requirement of 900m2 and 12m frontage for each allotment only applies to a proposed subdivision.  The subject development does not propose subdivision.

 

 

9.3       Other Matters

 

Under Council’s Section 94 contribution plan, the additional dwelling will accrue a contribution for the 4 bedroom dwelling as follows:

 

Open Space contribution:                      $2732

Community facilities Contribution:          $1208

Administrative charge:                           $425

 

10.       CONCLUSION

 

The proposed development satisfies the relevant performance standards applicable to the subject site under the Randwick Local Environmental Plan 1998 and under Development Control Plan – Dwelling Houses and Attached Dual Occupancies. The proposal would not impact upon the amenity of the adjoining premises or the character of the locality.

 

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 1036/2002 for Demolish existing building and construct a new two storey attached dual occupancy at 9 Mawson Parade, Chifley subject to the following conditions:-

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans numbered Fp01 sheet 1 of 2 and EL/01 sheet 2 of 2, dated 30/10/02 and received by Council on 05 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:

 

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.         A privacy screen having a minimum height of 1.8m is to be provided to the northern and southern side of the first floor balconies. Details of compliance are to be provided in the construction certificate plans.

 

3.         In order to minimise bulk on the adjoining properties, the garages along the northern and southern side of the property is to be reduced in length by 1m. Details of compliance are to be provided on the construction certificate plans.

 

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

 

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

 

5.         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.

 

6.        External walls sited less that 500mm from the boundaries of the site are to be erected as ‘face brickwork’ or other maintenance free materials, to ensure that adequate provisions are made for maintenance purposes within the property boundaries.

 

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

 

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

 

8.         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             $2732.00

b)         for the provision or improvement of community facilities $1208.00

i)          Administration fee                                                                     $425.00

 

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

 

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

 

9.         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.

 

10.       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 $5,000.

 

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

 

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

 

11.       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.

 

12.       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.

 

13.       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 and Council’s development consent.

 

The Principal Certifying Authority shall specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Documentary evidence of the building inspections carried out and compliance with Council’s approval is to be maintained by the Principal Certifying Authority.

 

14.       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.

 

15.       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.

 

16.       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.

 

17.       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.

 

18.       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.

 

19.       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.

 

20.       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.

 

21.       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.

 

22.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

a)         $1000.00         -           Security damage deposit

b)         $1000.00         -           Vehicular crossing deposit.

 

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

 

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

 

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

 

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

 

(a)        Construct a new concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the northern end of the site.

 

(b)        Reconstruct the existing concrete vehicular crossing and layback at the southern end of the site, if required.

 

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

 

27.       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.

 

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

 

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

 

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

 

30.       The design alignment levels 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.

 

31.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services  have been issued at a prescribed fee of $268.00 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:

 

32.       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.

 

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

 

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

 

34.       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.

 

35.      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 in10 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.

 

36.       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.

 

37.       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.

 

38.       A “restriction as to user and positive covenant” must be placed on the title of the subject property prior to the issuing of an occupation certificate 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.

 

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

 

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

 

41.       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).

 

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

 

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

 

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

 

a)         location

b)         pipe diameter

c)         gradient

d)         pipe material ie PVC or EW etc

e)         orifice size (if applicable)

 

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

 

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

47.       prior to stormwater discharging into any absorption system.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to this pit stating that:

 

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

 

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

 

48.       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.

 

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

 

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

 

50.      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 dual occupancy

 

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

 

51.       The landscaped areas shown on the plan number LP/01 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), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (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 within 6 metres of the common property boundary 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.

 

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.

 

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

 

53.       The naturestrip upon Council's footway shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds.

 

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

 

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

 

TREE MANAGEMENT:

 

55.       The applicant shall submit a total payment of $220.00 to Council,

 

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

 

The contribution shall be paid into Account Number 43459939 Activity Code R36 at the Cashier on the Ground Floor of the Administrative Centre prior to an occupation certificate being issued for the development.

 

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

 

56.       Approval is granted for the removal of the following trees subject to the planting of 4 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 Eucalyptus species (Gum Tree) located along the northern boundary of the front of the site.  

 

b.   One specimen of Melaleuca armillaris (Honey Myrtle) located towards the northern boundary of the front of the site.    

 

c.   One specimen of Eucalyptus species (Gum Tree) located towards the eastern part of the rear of the site. 

 

d.   One specimen of Echinopsis species (Cactus) located towards the southern boundary of the rear of the site.

 

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

 

58.       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. A refundable deposit in the form of cash or cheque for the amount of $2000.00 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.

 

Advisory Matters

 

A1.      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 (including 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:

 

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

 

ATTACHMENT/S:

 

A4 Reduced plans

 

 

 

………………………………

………………………………

SIMA TRUUVERT

NADIA ELBOTATY

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER




 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

23 January, 2003

FILE NO:

DA 86/02

 

PROPOSAL:

 New garage and laundry to rear of existing dwelling and shop front

PROPERTY:

 48 Clovelly Road Randwick

WARD:

 North Ward

APPLICANT:

 C Gorenski

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee upon the request of Councillors Sullivan, Procopiadis and White.

 

The application proposes the erection of a garage and laundry to the rear of the existing dwelling and shopfront.  The estimated cost of the development is $20,000.

 

The site is the subject of localised flooding during major storm events and it is necessary to either raise the level of the garage floor by 900mm and laundry floor by 1050mm, or undertake a flood study to accurately determine the flood level for a 1 in a 100 year event and raise the floor level of the garage a minimum of 150mm above that level and the laundry 300mm above that level.

 

The applicant has not undertaken a flood study and is not prepared to raise the floor levels of the garage.  Instead, the applicant has proposed a restriction on title to indemnify Council against claims for damage.  Council’s Solicitors have advised that Council is obliged to properly consider the application and cannot indemnify itself from damages arising from stormwater inundation through such a restriction.

 

The application is recommended for refusal.

 

2.    THE PROPOSAL

 

The application proposes the erection of a brick metal roof garage and laundry to the rear of the premises with access off Castle Lane. The overall height of the structure will be 4.1m, with an external wall height of 2.87m and a floor area of 62m5.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject premises is on the south western side of Clovelly Road and is amongst a of group of buildings used for business purposes including bike hire shops and food premises.

 

The site is located  within the North Randwick Heritage Conservation Area.

 

4.    SITE HISTORY

 

Development Consent was granted for the sale and hire of bicycles under Development Application 163/74. The premises is currently vacant.

 

5.    COMMUNITY CONSULTATION:

 

The owners of the adjoining premises were notified, under the provisions of Clause 23 of the Randwick LEP 1998, on the 12th February 2002, no response has been received.

 

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the Director of Assets and Infrastructure for comment and the following advice has been received, dated 2nd May 2002.

 

“The subject site is located adjacent to a localised low point in Castle Lane and consequently the site may be subject to stormwater inundation.

 

In lieu of constructing a new garage above the 1 in 100 year flood level, the owners of 48 Clovelly Road wish to place a restriction on the title of their property which indemnifies Council against any claims arising from damage caused by floodwater entering the garage/laundry,

 

The applicant submitted such a restriction, which was then referred Council’s solicitors for comment. Council’s solicitors were unable to determine whether the Council could effectively indemnify itself against claims for damage through a restriction/encumbrance being placed on the title of the property, so the matter was referred to Barrister Mr Greg Newport for comment.

 

Mr Newport advised in his written response (received 2 May 2002) that:

‘The restriction should be viewed as an additional measure to protect Council and under no circumstances should dispense with that duty to give proper consideration’

 

It is thus considered that Council cannot accept the proposed restriction as a means of indemnifying itself from damages arising from stormwater inundation and is obliged to request that the applicant raise the floor levels of the proposed garage above the 1in 100 year flood levels as specified in our memo dated 20 February 2002. It is noted that the maximum flood levels determined by considering the overflow path down Castle Lane are likely to be conservative values and the applicant may elect to undertake a flood study to determine the true 1 in 100 year flood levels and to design the new garage/laundry accordingly.

 

To prevent flood water from inundating the proposed garage and laundry, the AIS Department requires the applicant to either:

 

1.   Raise the floor level of the proposed garage up to a minimum level of 900 mm above the top of the lintel located adjacent to the south western corner the site. The floor level of the laundry should be a further 150 mm above this level (i.e. 1050mm above the top of the lintel).

 

OR

 

2.   Undertake a flood study of the area to determine an accurate flood level for a 1 in 100 year event and raise the floor level of the garage a minimum of 150mm above this level and the laundry to 300mm above this level.

 

It is noted that should the applicant elect to commission a flood study, the study shall be submitted to Council for approval and must have 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 “DRAINS” or "ILSAX" Urban Drainage Simulation Model.

 

Notes:-  Rainfall intensities are to be calculated following the procedure demonstrated in chapter 2 Australian Rainfall & Runoff-1987 edition.

 

The following information must be submitted to the Council for checking and record purposes:

 

a)         All “DRAINS” or "ILSAX" data files on 3 1/2" MS-DOS formatted diskettes together with a suitable index to relate data files to the various run parameters.

 

b)         Plans showing:

 

·          Total catchment area.

·          “DRAINS” or "ILSAX" 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.

 

Amended plans showing the floor level of the proposed garage and laundry being raised to the required levels (in accordance with either point 1 or 2 above) shall be submitted to Council for approval prior to development consent being issued. To enable satisfactory driveway gradients (i.e. maximum grade of 1 in 8) to be achieved it, it will be necessary for the garage to be set back from the rear site boundary possibly some 7-8 metres.

 

To help minimise any loss in stormwater storage/ponding volumes and surface infiltration areas in the flood prone area, an open void shall be left under the proposed garage and laundry to permit water to flow through/pond under. The amended plans shall also demonstrate compliance with this requirement.”

 

Notwithstanding the applicant being advised to either amend the plans or undertake a flood study to date the plans have not been amended or a flood study completed and forwarded to Council for consideration.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

 

 

Randwick Local Environmental Plan 1998

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent, under the Existing Use Rights provisions of the E.P.& A Act. The following Clauses of the LEP 1998 apply to the proposal:-

 

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.1   Clause 43 – Heritage

 

Council must take into account the impact that the proposed development will have upon the Heritage Conservation area. Given that the proposal is at the rear of the premises and not directly visible from the street, and that the proposal is similar to other parking structures to the rear of the premises adjoining the laneway it is not considered that the proposal will have any adverse impacts upon the heritage significance of the locality.

 

8.2   Flooding

 

Councils Drainage Engineer has considered the application and determined that the proposed development site is within a localised low point that may be subject to stormwater inundation during major storm events.

 

Council’s Officers have a duty of care to minimise the potential for stormwater inundation of the proposed garage and laundry together with ensuring that the proposed additions do not raise the floor level as it currently exists ( ie predevelopment. This involves raising the floor level of the proposed garage and laundry above the 1 in 100 year flood levels.

 

The applicant has indicated that they are prepared to enter into any form of reasonable indemnity that will protect Council from future litigation in lieu of constructing the new garage and laundry above the flood level. A draft restriction was submitted by the applicant in relation to this matter.

 

The draft restriction was referred to Council’s Solicitors Bowen and Gerathy and Counsel for legal advice. A comprehensive memorandum of advice from Greg Newport of Counsel included the following:

 

The Council should not, in my opinion, grant consent without an appropriate freeboard to the floor levels of habitable rooms.  The risk to property and persons is too great and I would not recommend that Council exercise its power to grant consent in such circumstances.

 

However, the matter of non-habitable rooms does, in the appropriate circumstance, warrant dispensation, provided appropriate conditions are imposed.  One of those conditions is that the storage areas of garages be above the 1 in 100 year flood level.  One further condition now to be discussed is that of indemnification.

 

“The restriction should be viewed as an additional measure to protect Council and under no circumstances should dispense with that duty to give proper consideration”

 

A copy of the full legal advice from Council’s Solicitor and Barrister is provided under separate cover as it is subject to legal and professional privilege.

 

It is therefore considered that Council cannot accept a restriction as a means of indemnifying itself from damages arising from stormwater inundation and has a duty of care to request that the applicant to either raise the floor levels of the proposed garage and laundry above the flood levels, or undertake a flood study to determine the accurate flood level for a 1 in 100 year event and raise the floor level of the garage 150mm above this level and the laundry to 300mm above this level.

 

It should be noted that another Development Application, 630/02, for a hardstand carspace at 3 Castle Street Randwick on the opposite side of the subject laneway, was withdrawn by the applicant due to advice from Council Officers, having regard to legal advice from Counsel, that it would be necessary to raise the level of the carspace or undertake a flood study.

 

If consent is granted to this application in it’s current form, a dangerous precedent would be set and Council could be exposed to further consideration of other development applications without exercising duty of care and requiring that the proposed levels be raised or a flood study undertaken.

 

9.    CONCLUSION

 

Council has a duty of care to properly assess the impact of flooding and cannot be indemnified against any future claims through a restriction on the title.

 

As the applicant has not amended the proposal to raise the level of the proposed garage and laundry or undertaken a flood study, the application is recommended for refusal.

 

RECOMMENDATION:

 

A.        That Council as the consent authority refuse development consent under Section 80 and 80A of the Environmental Planning & Assessment Act 1979 (as amended) for the permission to erect a brick metal roof garage and laundry to the rear of the premises at 48 Clovelly Road Randwick for the following reasons;

 

1.         The floor level of the proposed garage and laundry at the rear of the subject premises would be below the 1 in 100 year flood levels and will be adversely affected by stormwater inundation.

 

2.         The proposal would adversely impact upon the amenity and safety of the occupants of the premises and will result in the damage to vehicles parked in the garage and the equipment within the laundry from stormwater inundation during heavy storm events. 

 

3.         The proposed development would set an undesirable precedent by allowing for structures with a floor level below the 1 in 100 year flood level during heavy storm events.

 

 

ATTACHMENT/S:

 

1. A4 reduced plans

2. Legal Advice of an Flooding, Indemnification and Section 149 Certificates (Confidential - Under Separate Cover)    

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT OFFICER

 

 


 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

15 January, 2003

FILE NO:

02/00970/GB

 

PROPOSAL:

 Installation of satellite dish in rear yard of existing dwelling house.

PROPERTY:

 5 Taylor Street, Maroubra.

WARD:

 Central Ward.

APPLICANT:

 K. T. Hoo.

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Anthony Andrews, Chris Bastic, Dominic Sullivan.

 

The application proposes to install a free-standing satellite dish in the rear yard of a detached dwelling. The estimated cost of the development is $2,000. Satellite dishes with diameters smaller than the diameter of the proposed satellite dish have recently been approved on nearby properties.

 

The recommendation is for approval subject to conditions, limiting the maximum diameter of the satellite dish to 2.3m and its maximum height to 2.4m above existing ground level.

 

2.    THE PROPOSAL

 

The application proposes to install a free-standing satellite dish in the rear yard between the existing swimming pool and the rear property boundary which is shared with 36 Parer Street. The proposed dish has a diameter of 2.7m. The outer extremity of the dish would rise to a height of up to 3.6m above ground level. At its closest point to the rear fence, the outer extremity of the dish would be 2m from the rear boundary with 36 Parer Street. The dish would be over 5m from the north-western side boundary with 3 Taylor Street and over 8m from the south-eastern side boundary with 7 Taylor Street. It is proposed to locate the satellite dish upon an area of the rear yard which is currently concreted.

 

The application indicates that the purpose of the satellite dish is to receive television signals from Asia, particularly Indonesia.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA

 

The subject site is relatively flat and is located on the southern side of Taylor Street. The site has a frontage to Taylor Street of 16.4m, a north-western side boundary of 37.4m, a south-eastern side boundary of 32.6m and a rear boundary of 17.1m. The site contains a two storey, detached dwelling with an inground swimming pool in the rear yard. The surrounding locality is largely residential and consists mainly of detached dwellings.

 

Satellite dishes have recently been approved at the following properties near the subject site:

 

·    3 Taylor Street, Maroubra (adjoining the subject site, to the north-west): 2.27m diameter dish mounted on roof of dwelling to a maximum height of 5.694m. DA607/2002 - approved 02/09/2002.

 

·    34 Parer Street, Maroubra (west of the subject site): 2.3m diameter dish mounted on roof of dwelling to a maximum height of 5.874m. DA 1070/2001 - approved 27/12/2001.

 

4.    SITE HISTORY

 

Building application 97/00567/BN for a free-standing satellite dish in the rear yard of the subject dwelling was refused on 4 July 1997. The application was for a dish of 3.7m in diameter, rising to a height of 5m above ground level.

 

5.    COMMUNITY CONSULTATION

 

The proposal has been notified in accordance with clause 23 of Randwick Local Environmental Plan 1998. The following submission was received objecting to the development application:

 

5.1  Objections

 

M. Giannouleas: 7 Taylor Street, Maroubra

·      Visual impact: The bulk, height and scale of the proposed dish are such that it would have an unreasonably adverse visual impact upon the existing outlook available from 7 Taylor Street.

·      Amenity: The proposed dish is of a type which is more commonly associated with a commercial use rather than a residential use.

·      Sunlight: The proposed colour (beige) is not compatible with the vegetation in surrounding backyards and will reflect light. The dish would cause overshadowing.

·      Public interest: Radiation and electrical emissions associated with the dish will have negative impacts upon human health.

 

Assessment Officer comment

·     It is suggested that both the diameter of the dish and the height of the dish be reduced (as detailed in section 9 of this report) so as to reduce the visual impact of the structure.

·     Satellite dishes are permissible in the Residential 2A zone and have been approved for nearby properties.

·      It is suggested that the colour of the dish be changed (as detailed in section 9 of this report) so as to be more compatible with the colour of surrounding vegetation. The overshadowing impact of a dish modified in the manner suggested below would be relatively minor and would not result in any unreasonably adverse overshadowing impact upon surrounding properties.

·      Council’s Environmental Health Section has advised that there are no environmental health concerns in relation to a dish of the type proposed.

 

5.2  Support

 

There were no submissions made in support of the development application.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to Council’s Environmental Health Section for comment regarding possible health implications associated with satellite dishes. The Environmental Health Section has provided verbal comment and has advised that satellite dishes of the type proposed do not emit radiation and that, accordingly, there are no health implications associated with such structures.

 

7.    MASTER PLANNING REQUIREMENTS

 

The site has an area of less than 4000 square metres and so is not associated with any master planning requirements.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Clause 10: Zone No. 2A (Residential A Zone)

 

Relevant sections of clause 10 are reproduced below.

 

(1)     The objectives of Zone No. 2A are:

 

(a)        to maintain the character of established residential areas, and

 

(b)        …

 

(c)        …

 

(d)        to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

 

8.1  Policy Controls

 

(a)   ‘Dwelling Houses and Attached Dual Occupancies’ Development Control Plan

 

The ‘Dwelling Houses and Attached Dual Occupancies’ Development Control Plan (DCP) does not contain controls which relate specifically to satellite dishes or similar types of structures.

 

(b)   ‘Exempt and Complying Development’ Development Control Plan

 

The Exempt section of Council’s ‘Exempt and Complying Development’ Development Control Plan (DCP) does contain controls regarding satellite dishes. This section indicates that (in addition to other requirements) in order for satellite dishes to be considered Exempt Development: dishes are to have a maximum diameter of 700mm; dishes must not be located within 900mm of any property boundary; dishes attached to a dwelling must not exceed 8m above natural ground level; and free-standing dishes must be located in the rear yard with no part exceeding 2.4m above natural ground level.

 

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.

 

Certain types of satellite dishes are permissible in all zones of the City of Randwick, by virtue of the fact that certain types of satellite dishes are classified as Exempt Development in all zones of the city of Randwick under the Exempt Development Section of Council’s Exempt and Complying Development DCP.

 

Satellite dishes have recently been approved at the following properties near the subject site:

 

·    3 Taylor Street, Maroubra (adjoining the subject site, to the north-west): 2.27m diameter dish mounted on roof of dwelling to a maximum height of 5.694m. DA607/2002 - approved 02/09/2002.

 

·    34 Parer Street, Maroubra (west of the subject site): 2.3m diameter dish mounted on roof of dwelling to a maximum height of 5.874m. DA 1070/2001 - approved 27/12/2001.

 

The only controls which Council has in relation to satellite dishes are contained in the Exempt Development section of the Exempt and Complying Development DCP. These controls indicate that, in order for a satellite dish to be considered Exempt Development, the dish should have a maximum diameter of 900mm and, if freestanding, a maximum height of 2.4m.

 

It is considered that the satellite dish proposed as part of the subject application (2.7m diameter, 3.6m high, freestanding) is of a size and height which is not suitable for a low density, residential context. The current proposal does not meet the first objective of the Residential 2A zone, which is: “to maintain the character of established residential areas”.

 

Accordingly, it is suggested that the diameter of the dish be reduced to 2.3m so as to be of a similar size to recently approved dishes on nearby properties (as detailed above). Furthermore, enquiries with two separate suppliers/installers of satellite dish equipment revealed that a satellite dish of a diameter of 2.3m should be sufficient for the purpose of receiving Indonesian television signals in the eastern suburbs of Sydney, regardless of whether the dish is mounted in the rear yard or on the roof of a dwelling.

 

It is suggested that the maximum height of the dish should be reduced to 2.4m so as to be more compatible with the scale of ancillary structures that are commonly located in residential backyards. The Exempt Development section of Council’s Exempt and Complying Development DCP sets a maximum height of 2.4m for free-standing satellite dishes.

 

Furthermore, it is suggested that the colour of the dish should be changed to a dark green so as to be more compatible with the colour of existing vegetation in surrounding backyards.

 

The overshadowing impact of a dish modified in the manner suggested above (and located in the position indicated in the application) would be relatively minor and would not result in any unreasonably adverse overshadowing impact upon surrounding properties.

 

10.  CONCLUSION

 

The proposed satellite dish, as modified by the recommended conditions of consent, would be of a height no greater than that which is allowed for a free-standing satellite dish under Council’s Exempt Development controls, and would be of a diameter which is comparable to the diameter of other satellite dishes recently approved on properties in the immediate vicinity of the subject site. Accordingly, it is considered that the proposed satellite dish, as modified by the recommended conditions of consent, would not result in any unreasonably adverse impact upon the amenity of the adjacent properties or upon the amenity of the locality.

 

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 970/2002 for the installation of a satellite dish in the rear yard of the existing dwelling house at 5 Taylor Street, Maroubra, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered 2255, Sheets 1, 2, 3 & 4, dated DEC 2002 and received by Council on 6 December 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 colour of the satellite dish is to be changed to a dark green so as to be more compatible with the colour of vegetation in surrounding back yards.

 

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

 

3.       The maximum diameter of the satellite dish is to be reduced to 2.3m so as to reduce the visual impact of the satellite dish and so as to be more compatible with the size of other satellite dishes on surrounding properties. Construction certificate plans must be modified accordingly.

 

4.       So as to reduce the visual impact of the satellite dish, the maximum height of the satellite dish is to be lowered so that the outer extremity of the satellite dish does not have the capacity to extend beyond 2.4m above existing ground level, regardless of the direction in which the satellite dish is pointed. Construction certificate plans must be modified accordingly.

 

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

 

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

 

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

 

6.       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.

 

7.       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.

 

8.       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.

 

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

 

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

 

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

 

ATTACHMENT/S:

 

A4 reduced plans .

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

SIMON FRENCH

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 






 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

13 January, 2003

FILE NO:

02/01014/GA

 

PROPOSAL:

 Alterations and additions to existing dwelling house including new patio, in ground swimming pool and rear outbuilding

PROPERTY:

 48 Moorina Avenue, Matraville

WARD:

 South Ward

APPLICANT:

 John Spiteri

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination as the owner of the property is an employee of Randwick City Council.

 

The application proposes to a new elevated patio at the rear of the existing building with associated roof over, a new inground swimming pool and a new single storey outbuilding at the rear of the property consisting of a garage and storage room and rumpus. The proposed outbuilding adjoins a reserve to the rear southern boundary and is not considered to affect the amenity of the adjoining properties. The proposal maintains reasonable setbacks from the adjoining properties minimising adverse amenity impacts on the adjoining properties

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

It is proposed to carry out alterations to the rear of the existing building to extend the existing rear patio and provide a new roof cover over. A new inground swimming pool is also proposed and to raise the surrounding ground level to match the level of the pool coping. A new garaged/storage and rumpus outbuilding is proposed to be erected at the far southern end of the site.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is an irregular shaped allotment with a frontage to Moorina Avenue of 12.8m and a depth of 50.88/48.69m. The site slopes from north to south, falls from the front to the rear a maximum of approximately 1.5m. The subject site contains an existing single storey brick and tile residence.

 

The locality is predominately characterised by a mixture of single and double storey dwellings. The subject property adjoins single storey dwellings to the east and west and a reserve to the south.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

96/00399/BE -           Alterations and additions to rear of dwelling. App

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified on 07 November 2002 in accordance with the Local Environmental Plan 1998. As a result of the notification, 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:-

 

Landscape Comments

 

An Arborists report has been received in regards to the Liquidamber styraciflua (Liquidamber) and the Morus nigra (Mulberry) located within the adjoining property to the east. The following landscape comments and conditions have taken into account the findings of the Arborists report.

 

1.   There is two trees that will be affected by the approval works, including:

 

a.   One specimen of Liquidamber styraciflua (Liquidamber) located on the adjoining property to the east (no.50 Moorina Avenue) and close to the western boundary of the site. This tree is in the order of approximately 8 metres in height appears to be in good condition and is covered by Council’s Tree Preservation Order. This tree should be retained as part of this application and tree protection measures will be required during construction.  

 

b.   One specimen of Morus nigra (Mulberry) located on the adjoining property to the east (no.50 Moorina Avenue) and close to the western boundary of the site. This tree is in excess of 5-6 metres in height appears to be in good condition and is covered by Council’s Tree Preservation Order. This tree should be retained as part of this application and tree protection measure will be required construction

.

Building and Construction issues:

 

-       BCA Classification

 

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

 

Dwelling – Class 1a

Garage – Class 10a

Swimming Pool – Class 10b.

 

-     General Comments

 

No objection is raised with respect to compliance with the

 

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

·    Provisions of the Building Code of Australia

 

7.    MASTER PLANNING REQUIREMENTS

 

Not Applicable as the site is less than 4000m2.

 

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

 

8.1  Policy Controls

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

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

 

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

 

 

 

 

 

 

 

 

 

 

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

 

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

.

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

 

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

 

S2  Private open space

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

 

 

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

 

 

 

 

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

 

 

N/A alterations and additions to existing dwelling

 

 

Complies; 3 hours sunlight received to north facing windows to living areas.

 

 

Complies, received 3 hours of sunlight to recreation areas of adjoining properties.

 

Complies, north facing windows to living areas of adjoining properties will receive 3 hours of sunlight.

 

 

 

 

Complies, principle recreation areas will receive 3 hours of sunlight.

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

collect and drain to a suitable disposal system;

do not adversely affect existing downstream systems;

fit in with hydrology;

use on–site stormwater infiltration;

maximise opportunities for stormwater re-use stormwater;

retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

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

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

A suitable condition is included in the recommendation.

 

 

 

 

 

 

 

 

 

A suitable condition in included in the recommendation.

 

 

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

allows year-round use

minimises impact on neighbours

addresses privacy and sun access

 

P6  Unpaved or unsealed landscaped areas are maximised.

 

S1  40% of the total site area is landscaped.

 

 

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

 

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

 

Complies, approx 50% of site area is landscaped area.

 

Complies >100m2

 

 

Complies dimensions include 4.6m x 9.1m

 

Complies

 

 

 

 

 

 

 

 

Complies, approx 23%

FLOOR AREA

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

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

Complies 0.32:1

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

 

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

 

 

P6  Design allows view sharing.

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

 

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

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

S3  No excavation within 900mm of side boundary.

 

 

 

 

 

S3  No excavation within 3m of rear boundary.

 

 

 

 

 

 

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

 

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

 

N/A

 

 

 

Does not comply, 3.7m external wall height (see section 8.2.1 Height, form and materials)

 

 

 

 

 

Does not comply fill to raise ground levels max approx 1.1m

(see section 8.2.1 landscaping)

 

Does not comply, building located at rear boundary(see section 8.2.1 height, form and materials)

 

N/A

 

 

 

 

N/A

BUILDING SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

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

Front Setback

 

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

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

 

 

 

 

 

 

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

 

 

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

 

 

 

No proposed changes to front setbacks of dwelling.

 

 

 

 

Does not comply, setback only 100mm from rear (see section 8.2.1 setbacks)

 

 

 

Does not comply 900mm and 100mm from eastern and western side boundaries respectively. (see section 8.2.1 setbacks)

 

N/A

 

 

 

 

N/A

 

 

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

 

 

P2  Entries are readily identifiable.

 

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

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

 

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

 

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

 

S1,2,3  Front doors visible from street.

 

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

 

S2  Street number displayed.

 

 

S3  Fences comply with fencing requirements.

 

Complies.

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

enable the efficient use of car spaces.

safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

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

 

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

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

 

 

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

 

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

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

 

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

 

 

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

 

 

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

 

 

 

 

 

Does not comply, 4.2 x 5.5m (see section 8.2.1 garages, driveways and carparking)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies, garage located at rear of property.

 

 

Complies, occupies approx 23% of frontage.

 

8.2  Council Policies

8.2.1  Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

Landscaping

 

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

 

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

 

If the private open space is proposed towards the front of the dwelling it should be located behind the required building line.

 

As indicated in the table above, the proposal fully complies with the landscaping requirements of the DCP, which requires a minimum of 40% of the total site area to be landscaped of which, 20% of the area has a permeable treatment.

 

It is considered that the proposal satisfactorily complies with Council’s objectives and performance requirements in regards to landscaping requirements.

 

It is proposed to install an inground swimming pool to the rear yard of the subject property. The swimming pool will extend a maximum of approx 1m above existing ground levels. It is proposed to raise the surrounding ground levels to match the top of the pool coping.  The ground level to the immediate south of the rear of the dwelling are currently raised approx a maximum of 1m and it is proposed to extend the raised ground levels the length of the swimming pool. The raised ground levels will be setback 2.74m from the western side boundary and a new planter is proposed to extend along the eastern side boundary. It is considered the proposal will not affect the amenity of the adjoining properties.

 

            Floor Area

 

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

 

The preferred solution for an allotment with an area of 620.32m2 is that a maximum floor space ratio of 0.5:1 applies. 

 

The proposal complies with the 0.5:1 FSR preferred solution of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies and is not considered to be excessive in floor area. The proposed outbuilding is located to the rear of the property and adjoins and existing reserve to the rear. The proposal will not result in excessive bulk and scale to the surroundings.

 

It is considered that the proposal is acceptable with regard to bulk and scale and is compatible with the character of the existing building and surroundings. The proposal satisfactorily complies with the preferred solutions and performance requirements relating to floor area.

 

            Height, Form & Materials

 

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

 

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

 

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

 

The proposed outbuilding has an external wall height of 3.7m, which exceeds the 3.5m external wall height preferred solution. This is attributed to the fall of the land, which slopes from north to south from the front towards the rear, and also dues to a floor to ceiling height of 2.7m. The required external wall height is restricted to 3.5m to ensure developments are not excessive in scale and relate to the surroundings. In order to ensure the height and scale of the proposed  outbuilding is compatible in height and scale with the surroundings developments, it is recommended that should approval be granted, the floor to ceiling height of the outbuilding be reduced by 200mm to comply with the preferred solutions.

 

In this regard, the proposal satisfactorily complies with the preferred solutions and performance requirements with regard to height, form and materials.

 

Building Setbacks

 

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

 

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

 

The proposed outbuilding encroaches within the 4.5m rear setback and 900mm side setback preferred solutions. The subject site adjoins an existing reserve to the rear southern side of the property. To the western side, the outbuilding is setback 100mm from the side boundary. The adjoining property currently has an existing garage at the rear of the site and the limited encroachment is not considered to give rise to adverse impacts on neighbouring properties in terms of privacy, access to light, air and views.

 

Visual & Acoustic Privacy

 

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

 

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

 

Along the eastern side of the property, the ground levels have an existing 12.00 RL with a planter along the length of the pool. To the western side there is a 2.74m separation between the raised ground levels and the adjoining property. It is considered that minimum overlooking will transpire.

 

The proposal satisfies the relevant performance requirements and objectives of the DCP with regard to visual and acoustic privacy.

 

            Garages & Driveways

 

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

 

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

 

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

 

The proposed outbuilding incorporates a garage component to the western side, with driveway access along the western side of the property. The proposed garage does not meet the minimum dimensions required for a car space. It provides a depth of 4.9m and width of 3.5m. The proposed garage has insufficient depth as required under Councils Development Control plan – Dwelling Houses and Attached Dual Occupancies (section 4.7 garages, carports and driveways) and Development Control Plan – Parking to provide for a safe and efficient car parking space. No objections are raised to the proposed garage, however, it is recommended that should approval be granted the garage be extended forward towards the north an additional 1.3m for a width of 3.5m in order to satisfy Council’s Development Control Plan – Dwelling Houses and Attached Dual Occupancies and Development Control Plan – Parking to provide an adequate and efficient car space.

 

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   Proposed Design in relation to Existing Building and Natural Environment

 

The proposal generally satisfies the relevant objectives, performance requirements and preferred solutions of the DCP – Dwelling Houses and Attached Dual Occupancies with respect to landscaping, floor area, materials and height and visual and acoustic privacy. The development located at the rear of the site will not affect the amenity of the surrounding properties and will not affect the character of the locality.

 

 

 

10.  CONCLUSION

 

The proposal satisfies the relevant assessment criteria contained in the DCP – Dwelling Houses and Attached Dual Occupancies, and may be approved subject to appropriate conditions..

 

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 1014/2002 for Alterations and additions to existing dwelling house including new patio, inground swimming pool and rear outbuilding at 48 Moorina Avenue, Matraville subject to the following conditions:-

 

REFERENCED PLANS:

 

1.        The development must be implemented substantially in accordance with the plans numbered Drawing No 02.226 consisting of 6 sheets, dated October 2002 and received by Council on 30 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:

 

ENVIRONMENTAL AMENITY:

 

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

 

2.        The overall height of the outbuilding is to be reduced by 200mm by reducing the internal ceiling heights so that the external wall height of the building does not exceed 3.5m above ground level and details of compliance are to be provided in the construction certificate plans.

 

3.        The garage is to be extended forward towards the north an additional 1.3m for a width of 3.5m in order to provide an adequate and efficient car space. Details are to be provided in the construction certificate plans.

 

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

 

5.        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.

 

6.        External walls sited less that 500mm from the boundaries of the site are to be erected as ‘face brickwork’ or other maintenance free materials, to ensure that adequate provisions are made for maintenance purposes within the property boundaries.

 

7.        No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

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

 

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

 

PRESCRIBED CONDITIONS & FIRE SAFETY:

 

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

 

10.      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.

 

11.      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 $5,000.

 

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.

 

CONSTRUCTION MANAGEMENT:

 

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

 

12.      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 and Council’s development consent.

 

The Principal Certifying Authority shall specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Documentary evidence of the building inspections carried out and compliance with Council’s approval is to be maintained by the Principal Certifying Authority.

 

13.      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.

 

14.      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.

 

15.      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.

 

16.      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.

 

17.      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.

 

18.      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.

 

19.      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.

 

20.      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.

 

21.      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.

 

22.      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.

 

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

 

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

 

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

 

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

 

FIRE SAFETY:

 

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

 

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

 

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

 

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

 

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

 

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

 

SWIMMING POOLS:

 

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

 

25.      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.

 

26.      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.

 

 

SERVICE AUTHORITY CONDITIONS:

 

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

 

27.      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.

 

LANDSCAPE CONDITIONS:

 

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

 

Tree Management

 

28.      Permission is granted for the selective pruning of overhanging branches from the Liquidamber styraciflua (Liquidamber) and the Morus nigra (Mulberry) located on the adjoining property. This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary. However, where such measures are desirable in the best interests of correct pruning procedures, it shall be necessary for the applicant to negotiate with the tree owner. All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

Tree Protection Measures

 

29.      In order to ensure the retention of the Liquidamber styraciflua (Liquidamber) and the Morus nigra (Mulberry) located on the adjoining property in good health, the following measures are to be undertaken:

 

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

 

b.         Any excavations required for footings, structures, retaining walls, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 1 metre of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

c.         The recommendations of the Arborists Report submitted to Council, written by Arborcraft, dated December 2002, shall be followed and implemented.

 

d.         A refundable deposit in the form of cash or cheque of $2,800.00 shall be lodged with Council prior to issue of a construction certificate for the proposed development in order to ensure the preservation of the tree in accordance with the requirements described in this condition.

 

 

 QUANTITY

 

        SPECIES       

 

   AMOUNT

 

         1

 

Liquidamber styraciflua (Liquidamber)

 

     $2,800.00

 

 

 

TOTAL

 

     $2,800.00

 

 

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

 

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

 

ADVISORY CONDITIONS:

 

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

 

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

 

 

 

 

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

 

………………………………

………………………………

SIMA TRUUVERT

NADIA ELBOTATY

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 








 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

14 January, 2003

FILE NO:

D/0370/2002

 

PROPOSAL:

 Demolition of existing buildings and construction of a 5 storey mixed commercial/residential development containing 20 dwellings, 6 office suites and 3 shops with ground and basement carparking for 34 vehicles.

PROPERTY:

 44-46 Borrodale Road, Kingsford

WARD:

 West Ward

APPLICANT:

 The Architecture Company

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.         EXECUTIVE SUMMARY

 

The application is referred to the Committee as Council has valued the proposal at more than $2,000,000.

 

The proposal originally involved demolition of the existing buildings and erection of a 5 storey mixed commercial/residential development, containing 20 dwellings, 6 office suites and 3 shops with basement carparking for 27 vehicles. Following discussions with the applicant in relation to concerns about façade design, dwelling mix, orientation and balcony setbacks, amended plans were submitted on 16 October 2002, to address these issues. The amended plans which are the subject of this report, are considered to be satisfactory, showing a proposal with the same height and number of shops, office suites and dwelling units but with a revised carparking layout containing more car spaces (34 spaces in total) and a better internal design through the reorientation of internal spaces to achieve cross ventilation and solar access. The proposal will have primary frontage to Borrodale Road and a secondary frontage to Houston Lane.

 

The proposal complies with all the statutory controls applicable to the site. The proposal does not comply with a number of controls in DCP No. 16 - Kingsford Commercial Centre relating to site frontage, building height plane, side setbacks, commercial area and awning configuration. The proposal also does not comply with the aisle-width requirements of the DCP - Carparking. The variations from these requirements have been assessed and are considered justified in the circumstances. In particular the proposal will have a height bulk and scale that will complement the streetscape and will have acceptable impacts on the amenity of adjoining and surrounding properties.

 

In order to ensure that the development is consistent with State Environmental Planning Policy 65 - Design Quality of Residential Flat Development (SEPP 65), major changes were made to the scheme and additional information has been submitted. The proposal now meets the built form principles and design quality principles outlined in SEPP 65.

 

The recommendation is for deferred commencement approval subject to conditions.

 

2.    THE PROPOSAL

 

It is proposed to demolish the existing building and erect a 5 storey mixed retail/commercial and residential development comprising 20 dwellings, 6 office suites, 3 shops, and basement and above-ground car parking for 34 vehicles

 

The design of the proposed buildings is contemporary in style with the external finishes of the front elevations being rendered and painted and interspersed with selected face brickworks.

 

The residential component of the development comprises 4 x studio, 2 x 1 bedroom, and 14 x 2 bedroom dwellings.

 

Pedestrian access to the residential component of the building would be provided from Borrodale Road whilst vehicular access will be provided from Houston Lane.

 

Car parking for the development would be accommodated within one basement and one above ground level car park containing a total of 34 car spaces.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is located within the Kingsford commercial centre on the north-eastern corner of Borrodale Road and Houston Road and to the west of Anzac Parade. The site is irregular in shape with a frontage of 18.49m to Borrodale Road, 40.170m to Houston Lane, 16.765m along the northern boundary and 38.672m along the eastern boundary. The site slopes moderately from south to north and from east to west, and has a total site area of 680.7 sqm.

 

Existing on the site are two single storey brick and tiled roof dwelling houses fronting Borrodale Road.

 

The surrounding development comprises a mix of retail, commercial and residential. Adjoining the site to the north are two storey commercial properties fronting Anzac Parade, to the east are rear sections of two storey commercial terraces fronting Anzac Parade, to the south on the opposite side of Borrodale Road is a multi-storey mixed commercial and residential development with frontage to Anzac Parade and Borrodale Road, and to the west on the opposite side of Houston Lane is a 4 storey residential flat building.

 

4.    SITE/APPLICATION HISTORY

 

There is no relevant history applicable to the subject site.

 

A prelodgement meeting was held prior to lodgement of the subject application in which issues relating to massing, scale, design, and carparking were raised. The amended proposal has addressed these issues adequately.

 

5.    COMMUNITY CONSULTATION:

 

Both the original and amended proposals were notified, and advertised in accordance with the Randwick Local Environmental Plan 1998. The following submissions were received in relation to the original application:

 

5.1  Objections to original proposal

 

D & M Kyriacos, 315 Anzac Parade, Kingsford

 

§   Gross overdevelopment of small site.

§   No open space provided on site.

§   Timber shutters facing Houston Lane will deteriorate and be an eyesore.

§   Removal of existing oak tree.

§   Subsidence as a result of construction could cause cracks in adjoining building.

§   Loss of privacy from rear balconies.

§   Position of proposed vehicular access on Houston Lane will be dangerous.

 

5.2       Objections to the amended proposal

 

D & M Kyriacos, 315 Anzac Parade, Kingsford

 

(Same points of objection as for the original proposal).

 

5.3       Support for original and amended proposal

 

No submission in support of the original and amended proposal was 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 objection in relation to building and construction has been raised to the application subject to conditions should approval be granted.

 

6.2       Landscape Issues

 

The Landscape Officer advises as follows:

 

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

 

a)   One Pinus species (Pine Tree) located along the rear property boundary. This tree is approximately12-15 metres tall and in very poor condition with a very large amount of deadwood throughout the canopy. As such permission should be granted for the removal of this tree.

 

b)   One Populus nigra ‘Italica’ located along the rear property boundary. This tree is approximately 12-15 metres tall in average condition. Permission should be granted for the removal of this tree.

 

c)   One Morus species (Mulberry) located within the rear yard of the site. This tree is approximately 6 metres tall and in poor condition. As such permission should be granted for the removal of this tree”.

 

6.3       Drainage Issues

 

The Department of Assets and Infrastructure Services advises that on site stormwater detention is required for this development.

 

6.4       Traffic/Parking Issues

 

The Traffic Engineer advises as follows:

 

“The EPCD Department is advised that Council’s Traffic Engineer (Jason Scoufis) has inspected the amended plans and has advised that in regards to the width of the internal driveway for the lower basement carpark (3.50m) the width show on the amended plans is considered satisfactory provided safety mirrors, to Australian standards, are installed on both sides of the vehicular entrances in Houston Lane.

 

Any security shutter/roller door for the carparks are to be setback a minimum 5.50m back from the property boundary in Houston Rd

 

The EPCD Department is to determine whether the internal driveway gradients and carpark layout comply with Council's DCP – Parking”.

 

6.5       Issues Raised by External Bodies

 

6.5.1    Federal Airports Corporation

 

Under the provisions of the Air Navigation (Building Control) Regulations the concurrence of the Sydney Airports Corporation is required for any building to be constructed on the subject site, which lies within the 25 Approach Surface and Inner Horizontal Surface of the Obstacle Limitation Surfaces (OLS) for Sydney Airport. The application was referred to the Corporation and approval was granted in a letter dated 9 July 2002 subject to conditions.

 

7.    STATUTORY INSTRUMENTS AND CONTROLS

 

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

 

7.1       Randwick Local Environmental Plan 1998

 

The site is zoned local Business 3A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal.

 

Clause No.

Requirement

Provided

Compliance

 

32 – FSR

 

 

 

 

Max. Overall = 3:1

 

 

Max. Residential = 2:1

 

 

2.87:1

 

 

1.98:1

 

 

 

Yes

 

 

Yes

 

 

 

33 – Building Height

 

24m

 

17.94m (to the top of the plant/service enclosure)

 

Yes

 

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

 

SEPP 65 sets out design quality principles for residential flat buildings, which must be taken into consideration by a consent authority. The design quality principles relate to general approach, context, scale, built form, density, aesthetics, amenity, resources, energy and water efficiency, social dimensions and safety and security.

 

The applicant has met with Council’s planner to discuss the design of the proposal in relation to the design quality principles of SEPP 65.  An assessment of the proposal in accordance with the ten design quality principles is included below.

 

Principle 1: General approach

 

The proposed development provides a suitable street edge to Borrodale Road and Houston Lane being five storeys in scale, with minimal setbacks to the upper level consistent with the 3A zoning of the site. The building’s articulation and modulation increases aesthetic appeal and the building design responds to the potential environmental impacts upon adjoining properties and the streetscape. The development has been professionally designed by The Architecture Company and is consistent with SEPP 65 in terms of its general approach to the site and uses contained within the building.

 

Principle 2: Context

 

The height and scale of the proposed building will not be out of context in relation to the existing high-rise mixed-use building on the opposite southern side of Borrodale Road. Adjoining the proposed development to the north and east are 3A-zoned sites that contain existing two storey commercial properties fronting Anzac Parade. These properties potentially can be redeveloped to higher density multi-storey mixed commercial/residential uses such that the proposal will not be inconsistent with the future character of this area. To the west on the opposite side of Houston Lane is an existing 4-storey residential flat building to which the proposed development will respond appropriately both in terms of height and scale.  Overall, it is considered that the proposal will not adversely impact upon both the existing and desired future character of the local area.   

 

Principle 3: Scale

 

The bulk and scale of the development is consistent with neighbouring development. The fenestration and architectural composition of the development, particularly to Borrodale Road and Houston Lane is compatible and comparable with adjacent buildings and reduces the visual bulk and scale of the building.

 

Principle 4: Built Form

 

The building is suitably articulated to reduce bulk. The street elevations, building scale and setbacks have been composed to provide a suitable visual transition between the existing and future mixed-use development in the 3A zone to the north, east and south, and the residential flat development to the west. The use of vertical elements and recessed balconies further serve to modulate the building façade and create visual interest in the built form.

 

Principle 5: Density

 

The expected number of residents is appropriate for the site area and its location close to local amenities and public transport. The proposal offers additional housing choice in the form of a combination of studio, one and two bedroom floor plans with adequately sized rooms and balconies, and provides on-site parking in accordance with Council’s DCP Parking to minimise its impact on the availability of on street parking. The proposal complies with the FSR requirements of Randwick LEP 1998 and achieves the objectives of this density control.  Although the proposal does not comply with the site consolidation requirements of DCP No. 16, it does not represent an overdevelopment of the site.

 

Principle 6: Aesthetics

 

Three-dimensional illustrations of the proposal and a schedule of external finishes received on 16 October 2002 indicate that the overall form, detailing and external finishes of the building are contextually appropriate.

 

Principle 7: Amenity

 

The development provides generously proportioned indoor and outdoor spaces that will be comfortable to use. Dimensions and layout will appropriately control sunlight to living areas, provide natural cross-ventilation to residential areas and maximise outdoor spaces and surveillance while maintaining privacy. The proposal will have minimal adverse impacts on the amenity of adjoining properties in terms of solar access, privacy and views (see Section 9.4 below).

 

Principle 8: Resources

 

The proposal provides an efficient use of resources through passive solar and natural ventilation design. The internal layout of dwelling units have been designed to maximise cross ventilation, and orientated to allow a number of units to have northerly orientation to their living areas for solar access. The proposal will have also use timber louvres as sun-shading devices to control sunlight.

 

Principle 9: Social dimensions

 

The apartments proposed will complement the existing housing stock in the area without significantly affecting existing amenity for surrounding residents. The development has considered the social context of the site and provides a mix of units that meets the existing and future needs of the community. The development will support the existing businesses in the area by increasing the number of local residents. The development is consistent with the social dimension principles of SEPP 65 (see also Section 9.6 below).

 

Principle 10: Safety and security

 

The proposal provides a good level of safety and security. Balconies and windows provide surveillance to the street, without compromising privacy. The development has minimised the length of internal corridor spaces and has minimised the number of units sharing circulation routes to encourage a sense of community. The building design addresses the street with entries to shops, commercial and residential units clearly identifiable and separate. The development will incorporate a security system that allows for quick and easy resident access.

 

8.         POLICY CONTROLS

 

8.1 Development Control Plan No. 16 – Kingsford Commercial Centre.

 

Table 1:  Compliance with DCP No. 16

 

Required

Provided / Proposed

Y / N

1.  Site Consolidation – Min. 800 sqm and frontage of 18m to permit development to FSR of 3:1.

1.  The site has an area of  680.7sqm and frontage of 18.49m.

No (see assessment below)

2.  On front boundary a vertical plane of 12m, then setback building by min. 5m to a maximum height of 24m.  Building Height Plan of 45 degrees above 8m along Houston Lane.

Front vertical plane of 16m with no setback at upper level.

Encroachment into the 45 degrees height plane above 9.8m along Houston Lane.

 

No (see assessment below)

3.  Retail / Commercial floor space along the length of Anzac Parade frontage to a depth of 10m to maintain / enhance retail continuity.

3.  Retail floor space on the ground level Borrodale Road frontage to a depth of max 8.7m.

No (see assessment below)

4.  6m side setback (for that part of the building exceeding 12m) unless demonstrated to be impractical due to site conditions.

4.  Side setback on eastern side will be 2.6m for that part of the wall exceeding 5.5 m in height.

No (see assessment below)

5.  Build up to street alignment for at least the lower floors up to a maximum 12 m.

5.  Proposal will be built up to street alignment for the lower floors.

Yes

6.  Provision of architectural detailing to add visual interest to façade and streetscape reflecting contributing façades along Anzac Parade.

6.  The architectural design of the Borrodale façade will add visual interest and be compatible with existing façades in the streetscape.

Yes

7.  Continuous cantilevered for suspended awning to street frontage 3 m deep and 3.5 m to 4.5 m above street.

8.  No frontage to Anzac Parade but awning will be provided along the Borrodale Road frontage 2.5m deep and 3m above street level.

No

8.  Loading and unloading facilities not on the main street.

11.  Loading and unloading will be provided within the building.

Yes

 

8.2       Development Control Plan – Parking

 

Compliance with DCP – Parking – 390 Anzac Parade

Number of car parking spaces:

 

 

 

 

 

USE

REQUIREMENT (DCP – Parking)

PROPOSED NUMBER AND/OR FLOOR AREA

REQUIRED PROVISION

PROPOSED PROVISION

Residential

1 space per two studio dwelling

4 x studio dwellings

2 spaces

 

 

20 residential carspaces

 

1 space per one bedroom dwelling

2 x one bedroom dwellings

2 spaces

 

1.2 spaces per two bedroom dwellings

14 x two bedroom dwellings

 16.4 spaces

 

Visitor:

1 space per 4 units

Total dwellings = 20

5 spaces

 5 spaces

Business

1 space per 40 sqm GFA

368.7 sqm GFA

9 spaces

9 spaces

TOTAL

 

 

34 spaces

34 spaces

 

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.

 

9.1       Statutory Controls

 

9.1.1    Floor Space

 

Floorspace calculations indicate that the amended proposal would have a residential FSR of 1.98:1, which complies with the maximum residential FSR control of 2:1, and a retail/commercial FSR of 0.69. The overall FSR of 2.69:1 complies with the maximum FSR control of 3:1.

 

9.1.2    Building Height

 

The proposal will have a building height of 17.94m inclusive of the roof over the lift and stairwell which complies with Clause 33 of the Randwick LEP 1998, which requires a maximum building height of 24m within zone 3A. 

 

9.2       Policy Controls

 

9.2.1    Development Control Plan No. 16 – Kingsford Commercial Centre

 

The proposal does not comply with a number of the requirements of DCP No. 16 – Kingsford Commercial Centres which are addressed as follows:

 

§ Site Consolidation

 

DCP No. 16 requires a minimum 800 sqm and 18m frontage to permit development to FSR of 3:1. In developing to an FSR of 2.69:1, the frontage of the site at 18.49m complies with the minimum frontage requirement. However, the shortfall in site area is considered acceptable in view of the atypical configuration of the subject site (which fronts onto Borrodale Road) in relation to adjoining and surrounding allotments all of which front onto Anzac Parade so that amalgamation with adjoining sites is not conducive. In this context the proposed development would result in a complete and whole redevelopment of the subject site. As such, the non-compliance in the DCP control is considered acceptable and reasonable.

 

§ Vertical Height Plane

 

The DCP requires a front boundary vertical plane of 12m, which is then setback by a minimum 5m to a maximum height of 24m, and a building height plane of 45 degrees above 8m along Houston Lane. The proposal has a front vertical plane of 16m with no setback at the upper level. The proposal also encroaches into the 45 degrees height plane above 9.8m along Houston Lane. The proposed front (Borrodale Road) and Houston Lane vertical height planes are considered acceptable for the following reasons:

 

§ The proposal will have an overall height of 17.94m, well below the allowable maximum of 24m. Accordingly, the Borrodale Road and Houston Lane elevations will not be visually bulky nor overbearing on surrounding properties but will be appropriate in scale to the surrounding development, having regard also to the transitory nature of the development in the adjoining and surrounding commercial zoned land to the east.

 

§ The front elevation to Borrodale Road will present as a well proportioned and vertically orientated building block with a well-designed façade treatment that will visually improve the streetscape in Borrodale Road.

 

§ The front building block will have minimal overshadowing impact on adjoining and surrounding developments as discussed in Section 9.4.1 below. It should be noted that DCP No. 16 recognises that the vertical height plane may not adequately control the effect of overshadowing of a new building in some circumstances, and that in these cases Council can consider the individual circumstances or merits (page 6 of the DCP).

 

§ The proposed building will create a strong urban edge to Borrodale Road and Houston Lane which is a primary design principle contained in the SEPP 65. Aesthetically. this design principle is considered more appropriate for road frontages than the vertical height plane approach of the DCP.

 

§ Commercial component

 

DCP No. 16 requires that Retail / Commercial floor space along any Anzac Parade frontage to be at a depth of 10m to maintain and enhance retail continuity. The proposal will provide retail floor space on the ground level to a maximum depth of 8.7m. The shortfall in depth is considered acceptable as the proposed shops will front Borrodale Road and not Anzac Parade and have reasonable floor area suitable for a wide range of uses. The applicant advises that the shops have been configured such that they would be capable of internal amalgamation if required.

 

§ Side Setbacks

 

The DCP requires a 6m side setback for that part of the building exceeding 12m. The proposal will have a side setback on the eastern side of 2.6m for that part of the wall exceeding 5.5 m in height. The non-compliance is considered acceptable for the following reasons:

 

§ The subject site is an elongated corner site with substantial road frontages to Borrodale Road and Houston Lane such that the side setback requirements would be impractical.

 

§ The proposal will have some minor overshadowing impact on the rear section of the adjoining eastern properties fronting Anzac Parade in the winter mornings (as discussed in Section 9.4 below). However, DCP No. 16 recognises that the building height plane may not adequately control the effect of overshadowing of a new building in some circumstances, and that in these cases Council can consider the individual circumstances or merits (page 6). The proposed side setback would not result in any adverse amenity impacts on the adjoining eastern properties fronting Anzac Parade.

 

§ The eastern elevation of the building will minimise the potential for overlooking into adjoining properties (see Section 9.4.2 below) by restricting the size of balconies which will limit opportunities for overlooking into adjoining properties, having regard also to the transitional nature of development in the commercial zoned land in these adjoining sites.

 

§ Awning

 

The DCP requires a continuous cantilevered suspended awning to the street front, 3 m deep and 3.5 m to 4.5 m above street. The proposal will have a suspended awning 2.5m deep and 3m above the street. The proposed awning on Borrodale Road is considered acceptable as it will be a localised awning to a minor street and, as such, will not be out of character in the streetscape. 

 

9.2.2    Development Control Plan - Parking

 

The total carparking requirement for the proposal under the DCP – Parking is 34 carspaces. The proposal will provide 34 car parking spaces, which complies with the DCP. One carparking space (car space No. 27 in the Upper Level carpark) will be required to be designated as a shared visitor and loading/unloading dock. This sharing arrangement is considered acceptable given the limited retail floor area proposed and the adequate visitor carparking that will be provided.

 

The proposal will have 5.5m wide aisles, which do not comply with the 6.2m wide aisle-width requirement of the DCP. Council’s Traffic Engineer advises that the aisle-width is acceptable. The applicant has also provided turning templates for the carpark, which indicate adequate turning area for cars to access parking spaces from the proposed aisles.

 

9.3     Urban Design

 

The proposal will have a design and visual character that will enhance the streetscape through the introduction of a building with a modern design, and a strong urban edge to Borrodale Road. The applicant has met with Council’s officers and has made appropriate amendments to the design of the proposal incorporating the design principles in SEPP 65 reflected in the following features:

 

§ A clearly defined base, middle and top in the facade treatment to Borrodale Road and Houston Lane, and articulating different orientations of the building differently to break the bulk of the building visually.

 

§ Enhancing the façade composition by providing bay frames around recessed balconies, increasing the width of select recessed balconies, and deletion of unsightly vertical blade elements to provide visual interest and differentiation.

 

§ Replacement of glass balustrades with solid masonry balustrades to all balconies

 

§ Re-organise the proportions of openings to the front façade to achieve uniformity of fenestration

 

§ Rationalising the placement of grilled ventilation openings to the carpark and framing these in masonry appropriately.

 

The façade of the proposal will be a combination of rendered, painted and facebrick surfaces. The application of appropriate colours to the different sections of the external wall and appropriately selected materials for openings such as louvres and window frames will be important to the outcome of the design. A deferred commencement condition will be applied requiring the submission of a sample board of the colours and textures to all elevations prior to issue of a construction certificate.

 

The proposal will have a common area on the roof level which will have planter boxes to the edge with enhanced landscaping, seating areas and pergolas. A landscape plan has been provided showing details of plantings, paving, and seating in the roof-top area.

 

Overall, the design in the amended proposal represents a significant improvement over the earlier design of the original proposal, creating a contemporary look softened by face-brick elements and sun-shade devices made of timber. The amended design and façade materials for the proposal will result in a development that will both enhance and complement the existing residential streetscape to the west and the future commercial streetscape to the east.

 

9.4     Impact on adjoining development

 

9.4.1    Overshadowing

 

The submitted shadow diagrams indicate that at 9.00 am in the winter solstice, overshadowing will occur predominantly upon the four storey residential flat building to the west on the opposite side Houston Lane and onto Houston Lane itself. At 12 noon the four storey residential flat building to the west will be free of overshadowing from the proposal with shadows falling wholly upon Borrodale Road. By 3.00 pm, the proposal will predominantly overshadow the adjoining right-of-way to the east, the rear section of the commercial building on the corner of Anzac Parade and Borrodale Road, and the north-facing wall of the multi-storey mixed development on the opposite side of Borrodale Road. Whilst overshadowing will occur onto some of the  north-facing living areas of this multi-storey building, there will be a substantial separation between the  two buildings in excess of 15m which will allow good natural light between the two buildings. Furthermore, the affected building will still enjoy solar access during winter mornings and midday.

 

No objection has been raised in relation to overshadowing. Overall, the proposal’s shadow impact on adjoining properties is considered to be reasonable and acceptable in the context of the surrounding area and given the height, bulk and scale of the development proposed.

 

9.4.2    Overlooking

 

The proposed building will have balconies linked to living rooms and, in some cases, bedrooms for each unit on all elevations. Concern has been raised by the owner of the adjoining property to the north at No. 315 Anzac Parade regarding potential loss of privacy to the rear yard of the objector’s property. There is a potential for overlooking into the objector’s rear yard from balconies in the north elevation of the proposal. However, this overlooking will be mitigated by the location of an existing rear garage in the objector’s property which will make direct overlooking into the rear yard difficult. Furthermore, the objector’s property is part of the commercially zoned land along Anzac Parade and, as such, the building and uses on the land are considered to be in a state of transition given the potential for redevelopment to higher densities in the future. In this situation, a degree of privacy invasion must be expected.

 

9.4.3    Loss of views

 

The subject site and surrounding land are relatively flat. There is no apparent loss of views enjoyed by adjoining and surrounding properties that would be affected by the proposed development.

 

9.5       Traffic and access

 

Concern has been raised by adjoining property owners regarding the position of the proposed vehicular access on Houston Lane which is claimed to be dangerous to traffic moving in and out of the objectors’ garage on Houston Lane. Council’s Traffic Engineer has included a condition requiring that appropriate splays be provided at the entrances to ensure sight-lines to pedestrians and traffic on Houston Lane are maintained. Another condition will be applied requiring the installation of a stop sign and line at the property boundary to prevent conflict with cars accessing the objectors’ garage and general traffic in Houston Lane. The Traffic Engineer also finds the traffic generation from the proposal acceptable and considers that this can be accommodated in Houston Lane (which is considered to have low traffic volumes) and in the surrounding road network.

 

9.6       Social impacts

 

It is considered that the proposal will increase the availability of housing and promote the objectives of the zone. The effect of the proposal would be to bring more people to the site and the demographic characteristics of this population are likely to include, single persons or share households; young couples such as first home buyers; “empty nester” household; and young families. It is likely that there will be a mix of incomes amongst residents with some units being owner occupied and others being rented. The added population will generate additional needs for businesses, employees and patrons which will in turn encourage the location of services and facilities into the area. The increase in density is not considered to generate an unreasonable demand on the availability of services.

 

9.7       Ecologically Sustainable Development

 

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

 

The proposed development will be well served by public buses along Anzac Parade, linking the subject site to the CBD, Railway Square, Bondi Junction, and Randwick Junction. The introduction of residential uses close to commercial areas served by good public transport linkages is not only desirable but also in keeping with an increasing trend towards the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region.  The proposal would assist in encouraging the use of public transport in line with ESD principles.

 

The applicant has provided NatHERS reports of the dwellings in the proposed development which indicate that the dwellings will achieve a rating of 3.5 stars and above with the exception of two dwellings at 3 stars. These exceptions are considered acceptable in view of the elongated north to south orientation of the building, and given that these ratings can be augmented by the proposed use of a range of energy efficient heating, cooling and lighting. In addition, the redesign of the building to create cross-ventilated dwelling units will contribute to the energy efficiency of these units.

 

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

 

9.8       Issues raised in submissions

 

The majority of issues raised in resident submissions have been addressed in the relevant sections above. Some remaining concerns requiring comments are addressed below.

 

§ Gross overdevelopment of small site.

 

The proposal complies with the maximum FSR and building height requirements of the Randwick LEP 1998. Whilst the proposal does not comply with the controls of DCP No. 16 relating to allotment size, building planes and setbacks, it will not be visually dominant nor out of character in the streetscape, and will have acceptable amenity impacts on adjoining properties.

 

§ No open space provided on site.

 

There are no statutory requirements for landscape area or open space to be provided in commercially zoned land. Notwithstanding this, the proposal has provided for a roof top common area for the recreational use of residents, which will be appropriately landscaped and paved.

 

§ Timber shutters facing Houston Lane will deteriorate and be an eyesore.

 

The use of use of timber for shutters in the Houston Lane façade of the building is considered an acceptable design element as it will soften the visual presentation of the building. A condition will be applied requiring that the timber louvres be treated and painted to ensure weather resistant and aesthetic qualities.

 

§ Removal of existing tree.

 

Council’s Landscaping Section has advised that the removal of three existing trees on site is acceptable because of the poor to average conditions of these existing trees. A condition has been applied for details of landscape design to Borrodale Road to be submitted prior to issue of construction certificate.

 

§ Subsidence could cause cracks in adjoining building.

 

The applicant has provided a geo-technical assessment of the groundwater which has been assessed by Council’s Development Engineer and found acceptable. The geotechnical report essentially indicates that borehole investigations onsite did not encounter groundwater at the depth proposed for the basement carpark. On this basis it is considered that no dewatering of the site will be involved that would give rise to subsidence impacts on adjoining sites. Potential impacts from construction works will be addressed by a report to be prepared by a professional engineer certifying that noise and vibration emissions from the construction of the development will comply with the provisions of the Protection of the Environment Operations Act 1997, the Noise Control Manual published by the Environment Protection Authority and relevant conditions of this approval. In addition a condition requiring the preparation of a dilapidation report for all buildings on adjoining sites.

 

10            CONCLUSION

 

The proposal complies with all the statutory requirements of Randwick LEP 1998. The proposal does not comply with a number of controls in DCP No. 16 - Kingsford Commercial Centre relating to site frontage, building height plane, side setbacks, commercial area and awning configuration. The proposal also does not comply with the aisle-width requirements of the DCP - Carparking. The variations from these requirements have been assessed and are considered justified in the circumstances.

 

The proposed development is not considered to give rise to detrimental impacts on surrounding developments. Visually, the proposal will have a design that contributes to the existing streetscape whilst being consistent with the desired future character of the area having regard to the transitional nature of development in the area.

 

The application is recommended for deferred commencement approval subject to conditions.

 

RECOMMENDATION:

 

A.        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/1206/2001 for demolition of existing buildings and construction of a 5 storey mixed commercial/residential development containing 20 dwellings, 6 office suites and 3 shops with ground and basement carparking for 34 vehicles at 44-46 Borrodale Road, Kingsford 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.         The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

            Details of the proposed colours, materials and textures (ie. a schedule and brochure/s or sample board) are to be prepared for all elevations.

 

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 Community Development, development consent is granted under Section 80 & 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans numbered DA 02 to DA 06 - Issue C and A07 – Issue C stamped received by Council on 16 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:

 

2.         A quantity surveyor’s costing of the proposed development shall be submitted to Council prior to a construction certificate being issued. Should the estimated cost of the development exceed that stated in the application, any shortfall in development application fees shall be paid to Council prior to a construction certificate being issued.

 

3.         The carparking space marked No. 27 in the Upper Level carpark shall be designated and sign-marked as a shared visitor and loading/unloading dock. 

 

4.         A stop sign and line shall be installed/marked at the property boundary on the two accessways on Houston Lane.

 

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

 

6.         The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. The details and samples of the glass to be used are to be submitted for the approval of Council’s Director of Planning and Community Development, in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the certifying authority issuing a construction certificate for the development.

 

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

 

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

 

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

 

13.       The proposed commercial suites shall only be used for commercial purposes.

 

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

 

14.       In accordance with Council’s Section 94 Contributions Plan adopted on September 1999 a monetary contribution is to be paid to Council for the provision or improvement of public open space in lieu of on site provision for an amount of $25,441.82 This amount shall be paid by cash or bank cheque prior to the issuing of the construction certificate. Council’s Section 94 Contributions Plan may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

15.       In accordance with Council’s Section 94 Contributions Plan adopted on September 1999 a monetary contribution is to be paid to Council for the provision of community facilities in lieu of on site provision for an amount of $11,249.08. This amount shall be paid by cash or bank cheque prior to the issuing of the construction certificate.  Council’s Section 94 Contributions Plan may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

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

 

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:

 

17.       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.

 

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

 

19.       A report prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to

 

a)   the commencement of works,

 

b)   a construction certificate being issued for the development,

 

certifying that noise and vibration emissions from the development will comply with the provisions of the Protection of the Environment Operations Act 1997 and relevant conditions of approval.

 

20.       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:

 

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

 

22.       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.

 

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

 

24.       Pollution control devices shall be installed and maintained to ensure there will be no water borne pollutants discharging or are likely to discharge into any natural water course or the stormwater or sewerage drainage systems.

 

Full details of the proposed pollution control devices to be installed are to be submitted to and approved by Council’s Director of Planning and Environment in accordance with Section 80 A(2)  of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued for the development.

 

[NB. Refer to ‘environmental conditions’ in relation to specific types of development which require specialist environmental assessment and comment from the Environmental Health Unit]

           

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

 

25.       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:

 

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

 

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

 

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

 

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

 

28.       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.

 

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

 

a.   all of the premises adjoining the subject site

 

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

 

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

 

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

 

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

 

32.       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.

 

33.       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.

 

34.       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.

 

35.       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 and Council’s development consent.

 

The Principal Certifying Authority shall specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

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 consent:

 

·    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.

 

36.       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. 

 

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

 

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

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

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

 

38.       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.

 

39.       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.

 

40.       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

 

41.       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.

 

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

 

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

 

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

 

e.   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.

 

43.       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.

 

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

 

A report prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to the commencement of any excavation or building works, certifying that noise and vibration emissions from the construction of the development will comply with the provisions of the Protection of the Environment Operations Act 1997, the Noise Control Manual published by the Environment Protection Authority and relevant conditions of this approval.

 

45.       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.

 

46.       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.

 

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

 

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

 

48.       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.

 

49.       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.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       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.

 

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

 

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

 

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.

 

56.       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.

 

57.       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.

 

58.       Temporary hoardings or fences and public access are required to be designed in accordance with the following requirements (as applicable):

 

·    The hoarding/fence is required to be structurally adequate, and be constructed of plywood sheeting, painted white or cyclone wire fencing material with geotextile fabric attached to the inside of the fence to provide dust control. The hoarding/fence is to be maintained in good condition at all times.

 

·    The hoarding/fencing is required to be constructed at a minimum height of 1.8 metres.

 

·    A path of travel having a minimum width of 1.5m is to be maintained across the front of the site and safe pedestrian access is to be provided at all times

 

·    Hoardings and fences are not to obstruct access for services including fire services.

 

·    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.

 

·    Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

     

·    The hoarding/fence is to be provided with reflective barricades, lights or other devices, to provide adequate warning to pedestrians and motorists.

 

·    The hoarding/fence is to be constructed so that it will not obstruct the view of motorists, pedestrians or traffic lights.

 

·    Site access gates to the site shall not open over the footway/road.

 

·    The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council prior to the construction of any hoarding/fence upon the road reserve/footway.

 

·    Geotextile fabric or other suitable material is to be provided to the perimeter of any scaffolding during construction, to prevent any articles from falling to a public place or adjoining premises.

 

59.       ‘B’ Class’ overhead type hoardings and public access are required to be designed in accordance with the following requirements (as applicable).

 

·    The hoarding is to be designed so that the wind loads comply with AS1170.2.  Superimposed loads from site sheds and materials not to exceed 40% of the design live loads.  The structure should have a factor of safety of 1.5 against overturning and 2 against sliding.

 

·    Footings to the hoarding are to be located and designed so as not to have an adverse affect upon underground services or the like.  The hoarding is to be able to withstand a vehicle impact and removal of any one column anywhere in the structure and a minimum length of 2m of wall supporting the deck on any one side supporting the structure is required.

 

·    Metal parts of the hoarding or associated structures to be not less than 4m from any power line, transmission line or transmission apparatus or 1.5m from part for non conductive materials, such as timber.

 

·    Adequate artificial lighting is to be provided to the hoarding.

 

·    A suitable system of buffer railing or barriers, particularly at locations such as an intersection or sharp bend.

 

·    A minimum overhead clearance of 2.2m is to be provided below the hoarding.

 

·    The street side of the hoarding is to be open for at least 2/3 of its full height for the length of the structure to prevent a tunnel effect.

 

·    Waterproofing of the deck above the footway is required to be provided and adequate provisions are to be made for the disposal of stormwater.

 

·    The hoarding is to be painted white or other light colour acceptable to Council.

 

·    Site sheds or accommodation located on top of a hoarding within a designated crane area or where materials are being lifted over are required to sustain a 10Kpa load and a protective fence and handrails are to be provided.

 

·    The hoarding is to be erected and maintained fully in accordance with the requirements of Work Cover New South Wales.

 

·    Unobstructed access must be maintained at all times for pedestrians and people with disabilities.  If necessary, a stable and level, non-slip timber/metal walking platform or firm road base material is to be provided adjacent to the hoarding/fence across the front of the site.

 

·    A certificate of structural adequacy prepared by a professional engineer is to be submitted to the certifying authority upon installation (and a copy of the certificate is to be forwarded to the Council if it is not the certifying authority) certifying the structural adequacy of the hoarding and compliance with Councils conditions of consent and relevant requirements of WorkCover New South Wales.

 

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

 

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

 

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

 

61.       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 adequate environmental protection.

 

62.       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 are applied to provide adequate security against damage to Council’s infrastructure:

 

63.       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.

 

64.       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:

 

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

 

a.   Construct new concrete heavy duty vehicular crossings and laybacks at kerb opposite the vehicular entrances to the site in Houston Lane.

 

b.   Remove the existing concrete vehicular crossing and layback and to reinstate the area with integral kerb and gutter, where required, to Council's specification.

 

c.   Reconstruct the Council’s footpath/nature strip along the Borrodale Rd site frontage in accordance with Council’s Urban Design Guidelines.

 

Note:    Prior to the issuing of the construction certificate for the proposed development the applicant is to have approved by Council’s Landscape Architect a Landscape Design that is in accordance with Council’s Urban Design Guidelines. Council’s Landscape Architect can be contacted on 9399 0786.

 

66.       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.

 

67.       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.

 

68.       The internal driveways for both carpark levels are to be a minimum 3.50 metres wide (clear width) at all points along the driveway and be installed with safety mirrors to the relevant Australian Standards on both sides of each vehicular entrance. Details showing compliance with this condition are to be shown on the plans for the construction certificate.

 

69.       Any security shutter/roller door for the carparks are to be setback a minimum 5.50m back from the property boundary in Houston Rd

 

70.       A work zone is to be provided to the Borrodale Rd frontage 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.

 

71.       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.

 

72.       The applicant must, at no cost to Council dedicate a 1.5m x 2.5m splay corner for road widening purposes on the south-western corner of the development site (intersection of Houston Lane and Borrodale Rd). There is to be no planter construction or similar within the dedicated splay.

 

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

 

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

 

·    Borrodale Rd Frontage – Match the back of the existing Council footpath levels at all points opposite the footpath, along the Borrodale Rd site frontage.

 

·    Houston Lane Frontage - 50mm below the top of the kerb at all points opposite the kerb, along the Houston Rd site frontage.

 

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

 

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

 

74.       The design alignment levels (concrete/paved/tiled level)  issued by Council and their relationship to the 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.

 

75.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1,032.00 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:

 

76.       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.

 

77.       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.

 

78.       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.

 

79.       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:

 

80.       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.

 

81.       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 10 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.

 

82.       All site stormwater leaving the site must be discharged by gravity to the kerb and gutter in Houston Lane.

 

83.       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.

 

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

 

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

 

86.       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).

 

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

 

88.       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.

 

89.       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)

 

90.       A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb and gutter 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

92.       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.

 

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

 

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

 

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

 

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

 

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

 

94.       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.

 

95.       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).

 

96.       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:

 

97.       The residential garbage room areas will have to be designed so as to be able to contain a total of 20 x 240 litre bins (10 garbage bins & 10 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.

 

98.       A separate garbage area is to be provided for the proposed 3 shops and 6 offices, which is able to contain a total of 6 x 240 litre bins. The applicant is to liaise with Council’s Manager of Waste regarding the required size of this garbage area. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

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

 

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

 

100.     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.

 

101.     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.

 

102.     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.

 

103.     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.

 

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

 

Landscape Conditions

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

 

105.     A landscape plan for the roof-top common area shall be prepared by a qualified Landscape Architect and shall include, but not be limited to, details of plantings, planters, paving, pergola, decking, and seating. The landscape plan shall be submitted for the approval of Council’s Director of Planning and Community Development, in accordance with Section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the certifying authority issuing a construction certificate for the development.

 

106.     A detailed Landscape Plan shall 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), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (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 within 6 metres of the common property boundary which are likely to be affected by the development.

 

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

 

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

 

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

 

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

 

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

 

g.   All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

 

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

 

107.     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.

 

108.     The applicant shall submit a landscape design for the Borrodale Road street frontage of the development in accordance with Council’s Urban Design Guidelines for Kingsford Commercial Centre. The landscape design shall include pavements as required by Council’s Landscape Architect – 9399 0786.

 

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

 

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

 

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

 

109.     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.

 

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

 

111.     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.

 

112.     Approval is granted for the removal of the following trees.

 

a.   One Pinus species (Pine Tree) located along the rear property boundary.

 

b.   One Populus nigra ‘Italica’ (Lombardy Poplar) located along the rear property boundary.

 

c.   One Morus species (Mulberry) located within the rear yard of the site.

 

113.     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.

 

114.     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.

 

Advisor 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.

           

2.   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 C3         -              Protection of openings

            b)      Part D1         -              Provisions for escape

            c)      Part D2         -              Construction of exits

            d)      Part D3         -              Access for people with disabilities

            e)      Part E1          -              Fire fighting equipment

            f)       Part E2          -              Smoke Hazard Management

            g)      Part E3          -              Lift Installations

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

 

 

ATTACHMENT/S:

 

1.  A4 Attachments

 

 

 

 

 

………………………………

………………………………

 

DAVID ONGKILI

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 

 

 








 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

23 January, 2003

FILE NO:

DA 765/02

 

PROPOSAL:

 Alterations and additions to the ground and first floor of the dwelling, enlarge the existing garage and provide a 2.1m high colourbond fence to the southern boundary

PROPERTY:

 22A Pauling Avenue Coogee

WARD:

 North Ward

APPLICANT:

 M Basile

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Health, Building and Planning Committee for determination at the request of Councillor’s Sullivan, Procopiadis and Daley.

 

An application under Section 82A has been lodged with Council seeking the reconsideration of condition 4 of the consent that required that the southern wall of the carport be open, and the roller door at the front of the carport deleted and a 1.5m high fence of open design be provided as an alternative to the solid side walls.

 

It is recommended that the original determination be confirmed and that condition 4 remain on the development consent.

 

2.    THE PROPOSAL

 

Development consent was granted on the 21st November 2002 for permission to carry out alterations and additions at ground and first floor levels of the existing dwelling, including enlarging the width of the existing carport by 1m and erecting a 2.1m high colourbond fence to the southern boundary adjoining a drainage reserve.

 

The consent included condition No.4 which stated;

 

“An open carport is to be erected instead of an enclosed garage in order to improve the visual and aesthetic appearance of the development. In this respect, the solid side brick walls for the garage, as well as, the new roll a door are to be deleted. As an alternative to the side solid garage walls, a 1.5m high fence designed so that the upper one third is a least 50% open will be permitted. The low 1.5m high fencing will allow greater vehicular visibility, maintain adequate levels of safety to pedestrians and to maintain reasonable levels of amenity to the locality. Details are to be shown in the Construction Certificate plans.”

 

A Section 82A Review Application has been lodged seeking the reconsideration of this condition.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The premises are within a residential locality which contains a mixture of semi detached and free standing dwellings and residential flat buildings. The subject property is on the eastern side of Pauling Avenue and forms half of a pair of semi detached dwellings.

 

The street passes through a deep gully and the properties along each side, including the subject site, slope steeply up to the rear to meet ridgelines along Ritchard Avenue and Raleigh Street.  Houses on the surrounding properties in Ritchard Avenue and Raleigh Street are sited at elevations well above the Pauling Avenue houses, and substantial vegetation exists on the slopes between, which enhances the separation provided by the topography.

 

 

4.    COMMUNITY CONSULTATION:

 

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

 

The following submissions were received:

 

4.1       Objections

 

J & D Crombie of 26 Pauling Avenue Coogee

 

Objects strongly to the enclosure of the southern elevation of the carport in that the adjoining drainage reserve is used not only by pedestrians but also by local children as a play area and the lack of vision for drivers exiting the carport would severely compromise the safety of children within the drainage reserve in that it would no longer be possible to establish where any children are prior to driving out.

 

4.2  Support

 

Sydney Children’s Hospital Randwick  - Occupational Therapy Department

 

The applicant’s child has suffered from a disease known as severe brain stem encephalitis which has left him physically handicapped requiring intensive care within the home. A report by the Occupational Therapist Department of Sydney Children’s Hospital was prepared for the original application, which amongst other matters supported the enclosure of the carport to ensure that the carport is weatherproof to protect persons entering or exiting the vehicle and also enable the carport to be used for the storage of medical equipment in a secure manner. A copy of this report has been provided again with the application for review.

 

In addition, the applicant has provided as an alternative that the sides of the carport be 1m high masonry, with either fixed glazing or clear glass blocks above. Section 82A of the Environmental Planning & Assessment Act, 1979, as amended, does not provide for the original proposal to be amended, however Council can impose conditions to modify the design.

 

Comment:

 

During an inspection of the premises a number of children were observed playing within the drainage reserve adjoining the subject premises, and an argument that there is a safety issue with respect to vehicles exiting the subject is entirely valid in that a solid wall to the southern elevation of the carport will obscure vision from within a vehicle exiting the premises.

 

5.    ENVIRONMENTAL ASSESSMENT

 

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

 

 

5.1       Development Control Plan for Dwellings and Attached Dual Occupancies

 

Garages & Driveways

 

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

 

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

 

There is an existing carport to the front of the dwelling and the original application proposed the widening of the existing carport by 1.0m to the north and erect a new roller door. Considering that there are a number of single carports to semi detached dwellings in the immediate vicinity the proposed widening of the carport is considered reasonable.

 

With respect to the enclosure of the southern and northern elevation of the carport and installation of a roller door to the front this will convert the presently open carport into a garage.

 

The proposed change from a carport into a garage is not considered acceptable and does not comply with the objectives and performance requirements of the DCP. The open carport is preferable in this position, in that it does not dominate or detract from the appearance of the either the dwelling or the local streetscape. Whilst there are a number of carports on this side of Pauling Avenue within the front building setback, there are no garages. The conversion of the existing carport to a garage would therefore not be representative of the existing streetscape character.

 

As a result, condition No.4 was imposed to ensure that the carport remained an open structure, and in addition the lower fencing will allow greater visibility and maintain adequate levels of safety to pedestrians and persons using the adjoining drainage reserve for recreation.

 

6.    CONCLUSION

 

The deletion of condition 4 of consent has the potential to adversely impact upon the streetscape, reduce sight distance and have an adverse impact upon pedestrian safety. It is therefore considered that the original determination be confirmed.

 

RECOMMENDATION:

 

A.     That Council’s original decision to impose Condition No. 4 of Development Consent No. 765/02 to make alterations and additions to the existing semi-detached dwelling house at 22A Pauling Avenue, Coogee be confirmed.

 

 

ATTACHMENT/S:

 

1.  A4 reduced plans

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT OFFICER

 

 

 







 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

13 January, 2003

FILE NO:

02/00975/GA

 

PROPOSAL:

 Section 82A review of determination of refusal for proposed alterations and ground floor additions including new garage to existing dwelling house 

PROPERTY:

 2 Sharp Street, Matraville

WARD:

 South Ward

APPLICANT:

 Classic Plans

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

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

 

The application proposes alterations and ground floor additions to the existing single storey dwelling house on the site, including the construction of a garage and laundry/store building along the southern side boundary of the property.

 

The original development application for the proposal was refused under delegated authority on 15 November 2002 on the grounds of impacts of visual bulk and access to natural light on the neighbouring dwelling at No. 4 Sharp Street resulting from the length of the proposed garage/laundry building along the boundary, and the form of this addition being out of character with the predominant building pattern in the surrounding area.

 

The applicant has requested a review of the determination of refusal of the application pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 as amended. The applicant has requested Council to consider reducing the length of the addition along the southern boundary by condition of development consent, should the proposal be considered unacceptable in its current form.

 

The original development application and the subject review application were notified to adjoining properties and no objections were received.

 

Subject to an appropriate reduction in the length of the addition along the southern boundary and the setting of the proposed rear deck off the side boundaries, which can be required by condition of development consent, it is considered that the proposal would satisfactorily address the relevant assessment criteria of Council’s DCP for Dwelling Houses and Attached Dual Occupancies and the reasons for refusal of the original development application.

 

The recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

The subject development application, proposing alterations and ground floor additions to the existing single storey dwelling house on the site, including the construction of a garage and laundry/store building abutting the southern side boundary of the property, was refused under delegated authority on 15 November 2002 for the following reasons:

 

1.   The length of the southern wall of the proposed addition and the proximity of that wall to the southern side boundary of the subject site would result in the subject dwelling assuming a form which is out of character with the predominant building pattern in the surrounding area.

 

2.   The length of the southern wall of the proposed addition and the proximity of that wall to the southern side boundary of the subject site would result in the subject dwelling appearing overly bulky when viewed from within the adjacent dwelling at 4 Sharp Street and when viewed from the adjacent rear yard at 4 Sharp Street.

 

3.   The length of the southern wall of the proposed addition and the proximity of that wall to the southern side boundary of the subject site (and the northern boundary of the adjacent dwelling at 4 Sharp Street) is such that the subject dwelling would unreasonably compromise the access of the windows on the northern side of 4 Sharp Street to natural light.

 

4.   As a result of the issues raised in the above three points, the proposed works are not considered to be in the Public Interest.

 

The applicant has requested a review of the determination of refusal of the application pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 as amended. The applicant has requested Council to consider reducing the length of the addition along the southern boundary by condition of development consent, should the proposal be considered unacceptable in its current form.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Sharp Street between its intersections with Jersey Road and Anthony Lane. The site is regularly shaped and has a frontage to Sharp Street of 13.72m, side boundaries of 39.62m and an area of 537.5sqm. It contains a freestanding, single storey brick dwelling house. The rear yard contains a detached timber framed garage, which adjoins the property’s southern side boundary and is accessed via the existing driveway that runs along the southern side of the house. The rear yard slopes from the back of the house down to the rear property boundary. The surrounding locality is mainly residential in nature and consists largely of detached dwelling houses and semi-detached dwelling houses.

 

4.         SITE HISTORY

 

a.   APPLICATION HISTORY

There is no previous development application history pertaining to this property.

 

5.         COMMUNITY CONSULTATION:

 

The original development application and the subject review application were notified in accordance with the Local Environmental Plan 1998. No submissions were received.

 

6.         TECHNICAL OFFICERS COMMENTS

 

No referrals to other departments within Council were required for this proposal

 

7.         MASTER PLANNING REQUIREMENTS

 

A master plan is not required as the site is less than 4000sq.m in area.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

Environmental Planning and Assessment Act 1979 as amended

Randwick Local Environmental Plan 1998

Building Code of Australia

 

(a)  Randwick Local Environmental Plan 1998

 

The site is zoned Residential2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

8.1       Policy Controls

 

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

 

9.         STATUTORY REQUIREMENTS UNDER SECTION 82A:

 

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

 

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

 

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     Development Control Plan-Dwelling Houses and Attached Dual Occupancies

 

10.1.1  Landscaping

 

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

 

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

 

Upon completion of the proposed works, approximately 55% of the site would exist as landscaped area, the bulk of which would be provided as soft landscaped area. The rear yard of the dwelling would be capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

 

10.1.2  Floor Area

 

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

 

The preferred solution for an allotment of this area is that a maximum floor space ratio (FSR) of 0.54:1 applies. Upon completion of the proposed works, the development would have an FSR of 0.25:1. The proposal therefore meets the preferred solution in this regard.

 

10.1.3  Height, Form & Materials

 

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

 

The relevant performance requirements are that the height of buildings should relate to those in the existing streetscape and that buildings should be designed to enhance the existing desirable built form character of the street by adopting, where relevant, characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets. Preferred solutions include that the external wall height of the building not exceed 7m.

 

The maximum external wall height of the proposed addition is 3.6m (i.e. at the northern wall to the proposed kitchen).

 

When viewed from the adjacent property at 4 Sharp Street, the addition would present as a 10.865m long brick wall built upon the side property boundary between the two dwellings. The proposed wall contains no variations and would range in height from a minimum of 2.7m to a maximum of 3.1m. The length of the proposed boundary wall is considered to be excessive and would appear unreasonably bulky when viewed from the dwelling and property at 4 Sharp Street and would unreasonably impact on natural light to that dwelling.  The applicant has prepared a modified plan detail indicating how a reduction in the length of the addition from 9.065m to 7.31m along the boundary may be achieved as well as providing for the proposed rear deck to be setback a minimum 900mm from the side boundaries. It is considered that this reduced length along the boundary and the setting back of the rear deck from the side boundaries, combined with privacy screening of height 1.6m, will result in acceptable impacts on the neighbouring southern property and dwelling at No.4 Sharp Street in terms of visual bulk and access to natural light and will adequately address the potential for overlooking of the adjoining properties from the rear deck area. These amendments may be required by condition of development consent.

 

There is a pattern in the surrounding streets of some garages and carports being built to the side property boundary. The length of the garage/laundry addition, as recommended to be altered, would be comparable in length to nearby garages and carports that are built to side boundaries.

 

The proposed garage/laundry building is setback some 5.9m behind the front wall of the existing house and is therefore consistent with the streetscape design objectives of the DCP in relation to the siting of carport and garage structures behind the front building alignments of dwellings.

 

10.1.4  Building Setbacks

 

The Objectives of the DCP with regard to Building Setbacks are:

 

·   To integrate new development with the established setbacks of the street and maintain the environmental amenity of the streetscape.

·   To ensure dwellings have adequate access to natural light, daylight and fresh air.

·   To maintain and enhance established trees and vegetation.

 

The Performance Requirements of the DCP with regard to side setbacks are:

 

·   Building forms and setbacks allow neighbours adequate access to natural light, daylight and fresh air. Side setbacks adjoining a street frontage, regarding corner allotments, must integrate with the established setbacks of the side street and maintain the environmental amenity of the streetscape.

 

The relevant Preferred Solutions of the DCP with regard to side setbacks are that side setbacks are no less than:

 

·    900mm for any part of a building over 1m above ground level and up to one level in height.

 

The proposed garage/laundry addition would be built to the southern side boundary. The northern wall of the addition would be set back 1.1m from its adjacent side boundary. The proposed rear deck and associated access ramp extends to within 0.1m of the northern side property boundary. The rear of the house would be set back over 18m from the rear boundary.

 

The southern setback of the proposed garage/laundry does not meet the preferred solution for a 900mm setback from the side boundary. However, it is considered that the recommended reduction in the length of the garage/laundry addition and the setting back of the proposed rear deck from the side boundaries, combined with 1.6m high privacy screening to the sides of the rear deck (as discussed under section 10.1.3) will ensure that the objectives and performance requirements of the DCP in regard to side boundary setbacks will be satisfactorily met.

 

10.1.5  Visual & Acoustic Privacy

 

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

 

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

 

The proposed addition would not result in any unreasonably adverse impact upon the visual or acoustic privacy of adjacent properties.

 

10.1.6  Garages & Driveways

 

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

 

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

 

The size of the proposed garage is such that it complies with the Preferred Solutions minimum dimensions. Similarly, the garage would be set back behind the front building line. The proposed garage/laundry building is also compatible in scale, design, form and materials with the existing dwelling. However, the length of the garage/laundry addition should be reduced as previously discussed.

 

11.       CONCLUSION

 

Subject to an appropriate reduction in the length of the garage/laundry addition proposed to the southern side of the dwelling in order to overcome adverse amenity impacts on the neighbouring southern property and dwelling at No.4 Sharp Street and the setting back of the proposed rear deck from the side boundaries by a minimum 900mm combined with 1.6m high privacy screens, it is considered that the proposal will satisfactorily meet the relevant objectives, performance requirements and preferred solutions of  Council’s DCP for Dwelling Houses and Attached Dual Occupancies.

 

The application is therefore recommended for approval subject to conditions to effect the recommended modifications described above. 

 

RECOMMENDATION:

 

A.        THAT the Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.975/2002 for permission to carry out alterations and ground floor additions including new garage to the existing dwelling house at No.2 Sharp Street, Matraville subject to the following conditions: -

 

1.         The development must be implemented substantially in accordance with the plans numbered Sheets 1 to 3 prepared by Classic Plans, dated 4 October 2002 and received by Council on 15 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 length of the proposed laundry/store addition to the southern side of the dwelling is to be reduced to a maximum 7.31m and the proposed rear deck is to be set back a minimum 900mm from the side boundaries of the property. A 1.0m x 1.0m landing at the top of the proposed ramp on the northern side of the dwelling may be provided to access the deck. 1.6m high privacy screens are to be provided to each side of the rear deck and and to the edges of any landing provided on the northern side of the deck. Details of compliance are to be provided in the construction certificate plans.

 

4.         The colour and texture of the brickwork is required to match, as closely as possible, the existing external walls of the building.

 

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.

 

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.

 

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

 

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

 

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

 

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

 

8.         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.

 

9.         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.

 

10.       A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that 'unauthorised entry to the site is prohibited' and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours, in accordance with clause 78H of the Environmental Planning and Assessment Regulation 1994.

 

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

 

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

 

11.       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.

 

12.       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.

 

13.       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.

 

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

 

Documentary evidence of compliance with Council=s approval and relevant standards of construction, is to be maintained by the principal certifying authority.

 

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

 

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

 

17.        Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written consent of the Council, unless exempt under Councils Local Approvals Policy.     

 

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

 

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

 

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

 

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

 

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

 

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

 

 

ATTACHMENT/S:

 

A4 configurations

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STEVEN HUGHES

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 

 





 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

29 January, 2003

FILE NO:

D/621/02

 

PROPOSAL:

 Demolish existing dwelling and construct a new three storey residential flat building comprised of three (3) x three (3) bedroom units and basement parking for seven (7) vehicles

PROPERTY:

 12 Kurrawa Avenue, COOGEE

WARD:

 East Ward

APPLICANT:

 Arttech Design and Construction

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for consideration by Councillors Matson, Greenwood and Whitehead.

 

The applicant is seeking approval to demolish the existing building on the site and construct a three (3) storey residential flat building on the site at 12 Kurrawa Avenue, Coogee. Three units each containing three bedrooms are proposed. The estimated cost of development is $750,000.

 

The application was lodged on 2 July, 2002. The proposal resulted in a significant number of non-compliances relating to landscaping and setbacks. The design of the scheme also raised issues relating to bulk and scale. An established tree on an adjoining property was noted as requiring removal due to the location of the development, requiring separate owners’ consent or an arborists’ report indicating methods for retention. In response to the concerns of Council and the public, amended plans were submitted on 9 October 2002.

 

The amended scheme addressed some, but not all of the issues raised with the original application and these were reiterated to the applicant. A subsequent set of amendments were lodged with Council on 21 November, 2002. Discrepancies with these plans and lack of information previously requested resulted in further clarifications being lodged with Council on 22 January 2003 (which are the subject of this report). The applicant has taken extensive periods of time to provide information as requested, which has led to delays in assessment.

 

The proposal now generally complies with the building envelope and amenity controls stipulated under the Randwick LEP and Multi Unit Housing Code and meets character and streetscape objectives for this part of Randwick.

 

The application is recommended for approval subject to conditions of consent, including a deferred commencement condition relating to colours, materials and finishes.

 

2.         THE PROPOSAL

 

It is proposed to demolish the existing single storey dwelling on the site and erect a three (3) storey residential development comprising 3 x 3 bedroom units. Basement parking is for seven (7) vehicles is also proposed. The building is oriented towards Kurrawa Avenue but has a secondary frontage to Arden Street in Coogee. Pedestrian entry and vehicular access to the site are both proposed from Kurrawa Avenue.

 

Each apartment comprises a whole level of the building and has an outlook to the east (front) and west (rear). Living areas are oriented to the east and ocean view opportunities while bedrooms and ancillary areas are oriented to the west. The layout of the building with one apartment per level provides greater opportunities for provision of private open space areas such as balconies. These have been placed on the eastern and western facades of the building.

 

The building is of contemporary design and will be constructed of rendered and painted brickwork, incorporating corbelling, balconies and curved walls to provide relief. The building has a flat roof with a slim corbelled parapet.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located approximately half way along Kurrawa Avenue, which is a cul-de-sac. The regular shaped allotment is located on the western side of the street and extends through to Arden Street to the west.

 

The site has a total area of 523.1m². The eastern frontage (to Kurrawa Avenue) is 12.8 metres long, as is the western frontage (to Arden Street). The northern and southern boundaries measure 40.865m. There is a change in level of approximately 5 metres from the eastern to the western boundary of the site. Previous landscaping of the site has resulted in the gradient being concentrated at the rear boundary, with the remainder of the site being close to level.

 

The site is currently occupied by a large single storey dwelling, which is oriented to Kurrawa Avenue. The house is constructed of dark brickwork with tiled roof. An overgrown garden comprises the remainder of the site.

 

The site is located amongst a variety of development types including 2-5 storey 1960s and inter-war walk-up flats and freestanding and semi-detached dwelling houses (towards the southern end of Kurrawa Avenue). Towards the eastern end of Kurrawa Avenue are 7-8 storey residential flat buildings, some incorporating commercial uses. Most of these buildings have their principal frontage to Kurrawa Avenue with their backs to Arden Street.

 

Immediately to the south of the site is 16 Kurrawa Avenue, a two-storey dark brick building which appears to be constructed in approximately 1930. Immediately to the north is more recent 4-5 storey residential flat building constructed of blonde brick. Across Kurrawa Avenue (to the east of the site) are more residential flat buildings, many of which front Beach Street and have their carparking and back entrances facing Kurrawa Avenue. These buildings range in height between 2 to 8 storeys and appear to have been constructed from the 1930’s to the 1970’s and 80’s.

 

4.         HISTORY

 

a.   Site History

 

Council’s records indicate a previous application to prune/ remove a tree from the site (00654/1999). There is no further history available from Council’s files.

 

b.   Application History

 

The original development application No 0621/2002 sought approval to construct a three (3) storey residential development comprising three (3), three (3) bedroom units. Several issues were raised with the applicant including clarification of landscaped areas, insufficient and incorrect information provided regarding FSR and Height non-compliances, setbacks, extent of the basement, visual appearance and lack of articulation to certain building elements and the potential for damage/loss to two trees on the adjoining property to the south.

 

The applicant lodged amended plans on 9 October, 2002. These plans incorporated changes to the basement and additional articulation to the stairwell area to reduce its visual bulk. An amended SEPP 1 objection was supplied to correct an error in the original application. These plans were readvertised in accordance with Council’s LEP, concluding on 5 November 2002.

 

The amendments did not resolve all of the initial concerns raised with the application. Of particular issue was the potential for damage to the trees on the adjoining property, which although in poor condition, approval for their removal from the adjoining property couldn’t be granted by Council without the tree owner’s consent.

 

In order to further clarify with the applicant that the issues with the application were significant, a meeting was held on 18 November requesting information on the trees, additional shadow diagrams and demonstrated compliance with Council’s landscaping standard. Subsequent to the meeting additional information and a full set of plans were received on 25/11/02 and included a reduced building footprint, more extensive shadow diagrams and a landscape diagram. There were minor inconsistencies and incorrect annotations on these plans and corrections were requested. The landscape diagram was also incorrect and an amended one received and checked on 2/12/02. An arborist’s report was received on 22 January 2003 in relation to the adjoining Cape Lilac trees and Council’s Asset and Infrastructure Services department have provided appropriate conditions of consent. The latest set of plans (received the 22/01/03) are the subject of this assessment.

 

5.         COMMUNITY CONSULTATION:

 

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

 

5.1       Objections

 

The original application was open for comment between July 23 and August 6, 2002. Amendments were also notified between 22 October and 5 November, 2002. In relation to the original proposal eleven (11) objections, including a petition signed by 40 residents, were received from the following:

 

1.   Kim Lang Unit 1/14-16 Kurrawa Ave Coogee

 

§ Overshadowing due to height

 

 

2.    Michael Braham, 3/273 Arden Street, Coogee

 

§ Request development be heard at Committee

§ Inadequate notification, 12 Kurrawa 273, 277 Arden Street

§ Incorrect site notices and removal of notices

§ Inadequate staffing at Council due to resignation of staff

§ Request re-advertising of the development

§ Asbestos waste materials under existing building to be investigated

§ Subsidence and structural damage to adjoining properties and damage to existing trees on adjoining properties due to excavation

 

3.    Michael Braham and Ian Hendry 3/273 Arden Street, Coogee

 

§ Excessive FSR resulting in loss of open space, parking problems diminishes streetscape and removes one of the last single storey properties on Coogee Beach

§ Overshadowing

§ Privacy

§ Western balconies reduce privacy and overshadowing especially of rear garden of 273 Arden Street

§ Excavation will damage trees and may cause subsidence

§ Noise pollution from cars entering and exiting the site

§ Pollution from carpark exhausts, inadequate carpark ventilation

§ Inadequate visitor carparking

§ Object to carwashing so close to the beach

§ Object to building height and design should be 1-2 storeys with conservative character and pitched roof.

§ Lift and liftwell will disturb neighbouring residents at all hours and will exacerbate noise pollution noted above. Disabled access should be provided via a ramp.

 

4.   Jennifer Millington 249 Rainbow Street, Coogee

 

§ Objects to loss of Federation house, destruction of heritage

§ Demolition will result in original habitants moving away which will destroy character and result in an increase in crime

 

5.   Barry Stewart GPO Box 1390 Sydney

 

§ Objects to the demolition of the house and loss of trees, only freestanding house of its era left in Kurrawa Avenue

§ Inconsistent with the natural environment and character of the area

§ Loss of views

§ Amenity impacts to neighbours

§ Lift will result in noise from lift machinery, emergency alarms

§ Excavation will result in damage to adjoining properties, request bank guarantees to cover the cost of repairs due to construction damage

§ Adjoining properties will be uninhabitable during construction

§ Asbestos present under the house and contamination in topsoil, request condition that specialists be engaged to remove this material.

§ Removal of house will result in loss of cohesion and community values.

 

6.   Piers Beagley 249 Rainbow Street, Coogee

 

§ Object to demolition of existing dwelling request heritage order

§ Concern that development will house backpackers’

 

7.   Graham Lea, Managing Director Lea Real Estate on behalf of 14-16 Kurrawa Avenue

 

§ 11 metre wall between buildings will overshadow 14-16 Kurrawa Avenue and result in loss of amenity

 

8.   Frances McDonald 1/324 Arden Street, Coogee

 

§ Loss of vegetation due to redevelopment and overshadowing will result in negative impacts on streetscape.

§ Object to loss of ‘rambling old home’ in favour of apartment blocks so close to the beach

 

9.   Joel Johnson, 5/269 Arden Street Coogee

 

§ Arden Street streetscape is currently appalling (rickety paling fence) Council should take advice from urban designer or similarly qualified person to advise on streetscape contribution the development could make.

§ Frangipani along Arden Street boundary probably dates back to the early years of the existing house and should be retained.

§ Appears to be no landscape plan for the development, detailed landscaping plans should be submitted

§ Air-conditioning noise is a problem for recent developments such as 4-6 Kurrawa Avenue. Please ensure no rooftop air-conditioning units and any approved elsewhere on the site have noise dampening provisions in their design

§ Generally happy that the building is only three storeys and looks forward to a quality building on the site

 

10. Petition with 40 signatories

 

§ Development will reduce low cost housing in the area

§ Increase parking problems for locals by providing one off-street car space

§ Drastic reduction in solar access for around 13 adjoining apartments

§ One of the few free standing single storey Federation houses near Coogee Beach will be destroyed and reduce diversity of property styles

§ Open space will be reduced, especially with the additional rear balconies

§ Overshadowing will destroy garden to 273 Arden Street and have a negative impact on the streetscape.

§ Request that building is limited to two storeys and does not diminish existing open space

 

 

11. Samantha Sadleir, 4/16 Kurrawa Avenue, Coogee

 

§ Overshadowing to garden and verandah

 

The notification of the amended plans resulted in a single submission:

 

1.   Samantha Sadleir, 4/16 Kurrawa Avenue, Coogee

 

§ Overshadowing to garden and verandah

 

Submissions referring to thirteen units on the site are as a result of an error which was corrected in the newspaper advertising and re-notified accordingly. The proposal complies with parking requirements and conditions of consent have been imposed to minimise amenity impacts where required. The proposed demolition of the existing house does not result in any conflict with regard to heritage items or Heritage Conservation Areas as determined by Council’s LEP. The surrounding streetscape is typical of a mixed medium density zone with residential flat developments ranging from 2 to 8 storeys in Kurrawa Avenue and the proposed development will contribute to this mixed character. A landscape plan was submitted with the application and is considered satisfactory (subject to minor amendments arising from minor changes to the building footprint). Council’s standard conditions of consent have been applied with regard to construction of the proposal and will ensure that all demolition wastes are adequately disposed of and that construction noise is kept to reasonable levels.

 

Amenity impacts of the proposal have been discussed in detail in section 9 of this report.

 

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

 

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

 

An amended application has been received for construction of a residential flat building at the above site containing 3 units.

 

Landscape Comments

 

An Arborists (Still Life Landscape & Horticulture – T Shrubb) comments have been received in regards to the two Virgilia capensis (Cape Lilac) located along the southern boundary of the site. The following landscape comments and conditions have taken into account the findings of the Arborists comments.

 

1.       There are two trees that will be affected by the proposed works, including:

 

a.       Two specimens of Virgilia capensis (Cape Lilac) located along the southern boundary of the site. These trees are in the order of approximately 10-12 metres in height and are covered by Council’s Tree Preservation Order. One of the two trees appears to be dead and the other tree has a limited life span. As such, Council’s landscape technician recommends that the two trees be removed subject to two replacement trees (not palms) within the site.

 

Note: Attached to this report is a survey by Denny Linker & Co (Ref No 020508 Issue A – Dated 6/5/02). The survey shows the subject trees (Cape Lilacs) being located within the site of 12 Kurrawa Ave.

 

Drainage Comments

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

 

Traffic Comments

 

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 driveway opening at the Kurrawa Ave frontage must be amended to be 3.5 metres wide and located at least 0.75 metres clear of the side property.

 

The internal driveway must be amended to be a minimum 3.5 metres wide (clear width) at all points along the internal driveway.

 

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

 

The driveway has a gradient of 1:8, which is less than the maximum required by Council being 1:6. The proposal is satisfactory with regard to traffic and parking, subject to proposed conditions (see Conditions 52-63).

 

7.         MASTER PLANNING REQUIREMENTS

 

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

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)  Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2(C) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the RLEP 1998 have been considered during the assessment of the proposal.

 

Residential

Clause No.

Requirement

Provided

Compliance

30 – Min. Lot Size

N/A

N/A

N/A

31 - Landscape Area

 

 

 

 

 

 

 

 

 

Clause 31(2):

50% of site area (or 261.55sq.m)

 

Clause 31(3):

Not more than

50% (or 147.85sq.m) of the required landscaped area to be provided over podiums or excavated basement areas

 

56.5% or 295.75sq.m

 

 

 

83.6sq.m or 35%

 

Yes

 

 

 

Yes

32 – FSR

Sites under 700m2

0.65:1 or 340 sq.m

0.95:1 or 496.8sq.m

No.

(SEPP 1 objection submitted. See section 9.1)

33 - Building Height

Clause 33(2):

12m max. overall

 

Clause 33(4):

10m max. wall height

 

8.18m-9.68

 

 

7.5m-9.5m

 

Yes

 

 

Yes

Other Clauses

Effect

Applies

Comment

46 – Development in the Vicinity of Heritage Items

Vicinity of Heritage Item – impact to be considered

45,69,75,154 Beach Street are significantly separated from subject site.

Yes

 

The relevant clauses of the RLEP98 have been discussed under Section 9 of this report.

 

(b)  SEPP 1

 

The applicant’s SEPP 1 objection made in response to the non-compliance with the 0.65:1 FSR standard and will be discussed under Section 9.1 of this report.

 

(c)  SEPP 55

 

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

 

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

 

8.1       Policy Controls

 

§ Multi Unit Housing Development Control Plan 2000 (DCP)

§ DCP – Parking 1998

§ Section 94 Contributions Plan, 1999

 

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

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (how applicant has achieved performance requirements or preferred solutions)

site planning

P1 Development applications accompanied by Site Analysis Plan.

 

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

 

 

 

 

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

Complies

 

 

 

Site is regular in shape; however, frontage to Kurrawa Ave is 12.8m and does not meet the preferred solution. See discussion under 9.4.

building height

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

 

Complies; Refer to discussion under section 9.2.

 

 

 

 

Complies; Refer to discussion under section 9.3.

 

 

BUILDING SETBACKS

Front  boundary setbacks

P1 The front setback consistent with streetscape /adjoining dwelling.

 

 

2.9-4.0m

 

 

 

Complies; Adjoining buildings are setback between 2.1 and 3.0 metres.

 

Side boundary setbacks

P2 Side setbacks to ensure:

· Solar access maintained and overshadowing minimised.

· Privacy between adjoining dwellings and open spaces.

· Landscaping and private open space provided.

· Streetscape amenity is maintained.

 

S2  Zone 2C

Minimum average setback 5 metres.

 

 

 

No part closer than 3.5 metres.

 

 

 

 

 

Maximum length of wall without articulation is 10 metres.

 

 

 

 

Minimum length of any step is 3 metres.

 

North setback Av.2.84m

South setback Av.3.2m

Does not meet preferred solution but non-compliance will not have significant impact on adjoining properties, landscaping opportunities or streetscape.

 

 

North: 1.5m

South: 2.6m

Does not meet preferred solution, as above impacts are not significant. Refer to section 9.5.

 

Complies. Maximum length of unarticulated wall is 7.7m.

 

Complies. Minimum 3.5m.

 

 

Rear Boundary Setbacks

P3 Ensure that:

· solar access and overshadowing are minimised.

· Privacy between neighbouring dwellings and their open spaces provided.

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

· Building built across site.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

 

 

 

Maximum length of wall without articulation 10 metres.

Complies.

9.2-10.4m Refer to discussion under Section 9.5.

 

 

 

 

 

Complies.

4.3m

 

 

General

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

 

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

 

Building does not comply with preferred solutions, other devices do not encroach further than non-compliances noted above.

DENSITY

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

 

 

 

Complies; The site is adjoined by residential flats of 2-5 storeys in height. The bulk and scale of the building at 3 storeys is compatible with the predominant scale of existing development in the locality, and provides an acceptable streetscape fit.

FENCES

P1

· Front fences consistent  with  streetscape.

· Entrances highlighted.

· Planting used to soften and provide privacy.

S1

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

 

 

Complies; 600-1m solid.

LANDSCAPEAND OPEN SPACE

Landscaped Areas

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

 

 

 

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

S1  Minimum for landscaped area 2 metres.

Complies; Landscaped areas to the rear and south of the proposed building have dimensions greater than 2.0metres. Minor non-compliance to the northern side of 100mm. See discussion under Section 9.7.

 

Doesn’t comply. Rear ground floor unit appears to have exclusive use of the rear yard. Not a significant non-compliance given small number of dwellings proposed.

 

Private Open Space

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

 

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

 

 

 

Complies. Balcony Areas to front and rear of building

 

 

 

Complies. Ground floor balconies are raised approx 1.5m above street level with solid balustrading to provide privacy for occupants. Alternative area of POS provided to rear of lowest level unit.

 

Townhouses

P5 Each dwelling is provided with an area of useable private open space or courtyard area, at ground or podium level.

 

S5    Minimum area of 25m2 and a minimum dimension of 3 x 4 metres.

 

 

N/A. Residential Flat Building proposed.

 

PRIVACY

Visual Privacy

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

 

P2 Private open space design and location ensure privacy.

 

Acoustic Privacy

P3 Building layout and design minimises noise transmission. of noise. Quiet areas separate noise generating activities.

 

P4 Building construction transmission of noise.

 

 

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

 

 

 

 

 

 

 

S4 Wall / floor insulation & sound consistent with

Building Code of Aust.

 

Generally Complies. Sill heights on northern elevation are 1.6m Conditions of consent proposed see Section 9.8 of report.

 

 

 

 

 

Complies. Oriented to eastern and western elevations.

 

 

Complies.

 

Complies-as per BCA requirements.

VIEW SHARING

 

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

 

 

 

 

 

Complies- See Section 9.9 of report.

 

SOLAR ACCESS AND ENERGY EFFICIENCY

Solar Access to Neighbouring Properties

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

 

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

 

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

 

 

 

 

Complies-See Section 9.10 of report.

 

 

N/A

 

 

 

Complies-refer to Section 9.10 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.

 

 

 

S4 75% of dwellings achieve 3.5star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars. The NatHERS rating for each dwelling (on a typical unit basis) is provided with the application.

 

 

Complies. All dwellings achieve 3.5(+) star rating.

 

SAFETY AND SECURITY

P1 Design allows surveillance.

P2 Approaches and entries are visible.

P3 High walls and structures avoided.

P4 Resident car parking has security grilles or doors.

P5 Visitor parking spaces clearly identifiable.

P6 Adequate lighting for personal safety and security provided.

 

Complies; windows and balconies overlook street and entry area, and low front fencing and planting is proposed allow surveillance.

CAR

PARKING

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

 

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

 

 

Complies;

 

 

 

N/A as development contains less than 15 dwellings.

 

 

P3 Secure storage for bicycles are provided.

 

Required On-site Parking

 

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

 

Visitor parking is 1 space per 4 dwellings.

 

Not Indicated  Storage under stairs or in basement may be conditioned by consent

 

Complies-6 resident and 1 visitor space provided. See Section 9.12 of report.

DRIVE-WAYS AND TURNING

AREAS

P1 Areas of driveways and manoeuvring are minimised.

 

P2 Vehicles enter/ leave in a forward direction.

 

 

 

 

 

 

 

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

 

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

 

 

 

 

 

 

 

P5 Materials and finishes are consistent.

 

P6  Driveway gradients safe.

 

 

 

 

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

 

 

 

 

 

 

S3  Long driveways provide passing bays

 

 

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

 

 

 

 

 

 

 

S5  Large expanses of uncoloured concrete avoided.

 

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

Complies

 

 

Complies Vehicles enter and leave in a forward direction. Stacked parking may require some manoeuvring but due to the low unit numbers and generous parking provision this should not result in significant impacts.

 

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

 

Complies; with driveway width but is built on the northern side boundary of the site. The roof of the driveway is proposed to be landscaped where possible to assist in maintaining the streetscape and screening between properties.

 

Complies

 

 

Complies. Gradient of 1:8 provided.

STORAGE

P1 Accessible and separate storage for each dwelling.

S1 10m2 of storage space is provided for each dwelling. Minimum clearance height of 2.1m. At least 50% of storage space is within dwelling and is readily accessible from either the hallway or main living area. Storage facilities may be in basement areas, or attached to garages .

Not indicated. A large internal laundry is provided to each dwelling which may assist in storing items. The units are generous in size and large family rooms are provided in addition to main living areas. All bedrooms have built-in-wardrobes. This is considered satisfactory.

BARRIER-FREE ACCESS

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

 

 

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

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

 

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

 

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

Available from basement car park. Front entry has stairs and does not comply. Lift to all units which are all single level.

 

 

 

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

 

 

 

 

 

 

 

 

Discussion of the compliance of the development with the Multi Unit Housing DCP is provided in section 9 of this report.

 

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

 

Standard

Requirement

Provided

Compliance

 

 

Car Parking

a)    number

 

 

 

 

 

 

 

 

 

 

b) layout

 

 

 

 

 

c) Bicycle Storage

 

 

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

 

1space/4 dwgs for visitors ( 1 spaces required for3 units)

 

TOTAL SPACES REQUIRED = 5.5 SPACES

 

As per DCP.

 

 

 

 

 

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

 

6 PRIVATE AND 1 VISITOR SPACES.

 

 

 

 

 

 

 

 

 

 

Stacked spaces for residential component central aisle between residential and visitor parking.

 

Not indicated

 

Yes

 

 

 

 

 

 

 

 

 

 

 

Generally complies, subject to conditions refer to Traffic Comment in Section 6.1.

 

No. 1 space required. Possibility of storing under stairs or in basement.

 

As indicated above, the amended proposal complies with the number of spaces required, driveway location, width and gradient controls. Council’s Traffic and Parking Engineer has commented on the proposal and is satisfied that it meets the requirements of Council’s DCP Parking, subject to conditions of consent (see Conditions 52-63).

 

c.         Section 94 Contributions Plan, 1999

 

The development has been assessed against Council’s Section 94 Contributions Plan as it proposes an additional two (2) dwellings on the site. As a result of this assessment a condition of consent has been proposed requiring the payment of monetary contributions relating to open space, community facilities and administration charges totalling $8,305.00. This amount must be paid prior to the issuing of any Construction Certificate (see Conditions 7-9).

 

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       Floor Space Ratio

 

The proposed development has a floor space ratio of 0.95:1 (496.8m2), which exceeds that permissible under the existing RLEP for a development on the site, being 0.65:1 (340m2) by 156.8m2. The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 32(1) of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

 

The proposed development is of a scale and bulk that is consistent with the existing development in the surrounding locality. Indeed, the proposal is of a scale and bulk that is significantly less than many of the residential flat buildings within the surrounding street blocks and one that relates well with the dwelling houses in proximity to the site at the southern end of the street.

 

The building complies with the building height requirements of the Randwick LEP 1998 and the landscaping, private open space area, car parking, solar access and view requirements of Council’s DCP for Multi-Unit Housing development.  In this regard, the proposal does not represent an over-development of the site in that it maximizes the usability of each proposed dwelling, the open space area and proposed dwellings with a suitable level of amenity.

 

The proposed development has been sited to protect the privacy and solar access of adjoining buildings. The placement of one dwelling on each floor, the particular orientation, location of windows and proposed landscaping all serve to retain privacy between adjacent dwellings.  Similarly, the amount of shadow caused by the proposed development is not considered to be significant given it has been reduced through the design of the building, and is not likely to significantly affect the amenity of the surrounding residences.

 

Given its location behind other taller buildings, the site is not visible from any harbour or any panoramic viewing point.

 

As the subject site is well serviced by public transport (buses) and is in close proximity to a range of community services and facilities, it is considered unlikely to adversely impact on any of the services.

 

Indeed, the proposal development will no greater impact on the amenity of the surrounding locality than if compliance were achieved.  Although the proposal does not adhere to the maximum permissible FSR for the site, it will satisfy the above objective of the standard.  In this case, it is considered that the proposed variation to the standard is well founded.

 

The objective of the floor space ratio (FSR) standard is to establish a reasonable upper limit for development in residential zones through a limit on the amount of floor space that can be provided. This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.

 

Consistent with the objective of the FSR standard, the development minimises impacts to neighbouring properties, despite the non-compliance of the proposal with the density standard of 0.65:1. The development will not impact surrounding properties with regard to visual privacy, view sharing or solar access as discussed throughout this report.

 

The bulk and scale of the development is considered to be consistent with that envisaged on this site and for an area with a Mixed Type character under the DCP. The building form is consistent with that of residential flat buildings on surrounding sites and is sufficiently articulated to minimise impacts of bulk on the street and adjoining properties.

 

The proposal meets the parking requirement under the Multi-Unit housing DCP. This is a further indication that the density of the development is consistent with development on the site envisaged by the RLEP98 and the DCP, despite non-compliance with the numeric density standard.

 

The proposal complies with the statutory height and landscaping controls. It is unlikely that a reduction in floorspace would have any significant amenity benefits for surrounding properties due to the general compliance of the current scheme with Council’s policy and statutory controls. Compliance with the FSR standard in this case is not considered to result in significant amenity benefits to adjoining properties or the appearance of the development and is therefore unnecessary.

 

It would be unreasonable to enforce compliance with the FSR standard contained within the RLEP when the proposed development on the site achieves the underlying purpose of the standard and meets Council’s controls with regard to streetscape, residential amenity and parking. It is considered that SEPP 1 objection is well founded and should be supported.

 

9.2       Height

 

The proposed development has a maximum height of 9.68 metres and a wall height of 9.5 metres. The development therefore complies with the permissible height and wall height for development on the site, being 12 and 10 metres respectively. The development represents an increase of just 1.35 metres on the ridge height of the existing dwelling on the site.

 

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

 

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

 

9.3       Desired Future Character

 

The site is located in a Type 7 – Mixed Building Type Area under Part 2 of the Randwick Multi-Unit Housing DCP. The site is located amongst a variety of development types including 2-5 storey 1960s and inter-war walk-up flats and freestanding and semi-detached dwelling houses (towards the southern end of Kurrawa Avenue). The development is of a consistent scale with the surrounding residential flat buildings. Amendments to the development have ensured landscaping and building articulation is incorporated into the design. The design of the proposal has considered the existing development and will make a positive contribution to the mixed character of the area. A deferred commencement condition has been imposed to ensure the colours and materials proposed are consistent with the desired future character for this part of Coogee.

 

9.4       Site Planning

 

A site analysis plan was provided with the application. The site has been considered in terms of existing development, surrounding uses, vegetation and microclimate. The site is a regular shape and has frontages to Kurrawa Avenue and Arden Street of 12.8 metres. This does not meet Council’s preferred solution for redevelopment having a minimum frontage of 20 metres. The redevelopment of the site for three dwellings recognises the limitations of the site and has reduced impacts in terms of streetscape. The building form takes advantage of the length of the site to minimise impacts on streetscape and to provide sufficient areas to the front and rear of the development for planting.

 

The proposal is satisfactory with regard to site planning.

 

9.5       Building Setbacks

 

The subject site is located on an allotment with frontages to both Arden Street and Kurrawa Avenue. The proposal meets the established setback to both frontages, being setback 2.9-4.0 metres from the Kurrawa Avenue frontage. Properties on Kurrawa Avenue generally have rear yards to Arden Street and this alignment is maintained with a rear setback of 9.2-10.4 metres to the western boundary. These setbacks are generous enough to allow for planting that will make a contribution to the streetscape of both Kurrawa Avenue and Arden Street. Part of the amendments to the original scheme increased these setbacks to improve the relationship of the building to the street and adjoining properties.

 

The proposal does not meet side setback requirements. The average setback to the northern side is 2.6 metres and to the southern side is 3.2 metres. This compares with an average setback requirement of 5 metres. The closest the building comes to the northern boundary is 1.5 metres and to the southern boundary is 2.6 metres and this does not meet Council’s requirement that no part of the building is closer than 3.5 metres to the boundary.

 

Despite these non-compliances the building increases the existing setback to the southern side by approximately 1.5 metres and has provided adequate areas for landscaping around the development. The proposal as submitted makes adequate privacy provision on the northern side of the building, but requires several amendments on the southern side to ensure that it maintains adequate visual privacy (see Conditions 3 and 4). Window types, locations and proposed treatments are discussed in detail in section 9.8 of this report.

 

Impacts of setback non-compliance on amenity have also been minimised by the limited density proposed on the site. The layout of the building, having three apartments each occupying a single level has allowed greater opportunities to provide outlook to both street frontages and minimise noise and privacy impacts on adjoining properties.

 

Compliance with the southern side setback requirement would not result in improved solar access to 14 Kurrawa Avenue due to the east-west orientation of the site and proximity of 14 Kurrawa Avenue to the southern boundary of the subject site. The east-west orientation of the site means that the length of shadows cast is a critical factor in minimising overshadowing impacts. The orientation of the site results in a situation where the existing single-storey dwelling house overshadows the adjoining building to the south. The proposed development has minimised loss of solar access by proposing a building form that only results in a 1 metre increase in height and meets front and rear setback requirements (east and west). This gives 14 Kurrawa Avenue access to morning and afternoon sunlight. An increase in side setbacks would have a negative impact on the internal layout of the proposed units and would most likely result in encroachment into the rear setback. This would remove access to afternoon sun for 14 Kurrawa Avenue and would have not result in improvements to solar access as it would not result in significantly shorter shadows being cast by the development.

 

The development meets the requirements for articulation to all elevations, minimising flat areas of façade to less than ten (10) metres in length. The proposal also meets the minimum length requirements for recesses in the façade. The building form incorporates windows, balconies, columns and other elements that break up the façade and provide additional relief. The development is considered satisfactory with regard to the building setback requirements of Council’s Multi-Unit Housing DCP.

 

9.6       Fences

 

The height of proposed front fencing meets Council’s preferred solution. The fencing design incorporates low planting to soften the appearance of the development without limiting passive surveillance.

 

Fencing to side and rear boundaries has not been indicated, however a condition of consent has been imposed to ensure replacement fences are no higher than 1.8 metres. This is particularly important to the Arden Street presentation of the development and a fence 1.8 metres with 50% transparency is to be provided along this western boundary (see Condition 5).

 

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

 

9.7       Landscaping and Private Open Space

 

The development provides 56.5% (295.75m2) of the site area as landscaping. This exceeds the statutory requirement under clause 31(2) of the RLEP98 of 50% (261.55m2) by 34.2m2. 35% (83.6m2) of the proposed landscaping provision is deep soil planting capable of sustaining large plantings and meets clause 31(3) (Landscaped area over basements) of RLEP98.

 

Two Cape Lilac trees are required to be removed to allow for construction of the proposal. These trees are confirmed as being on the subject site by survey. The applicant has now provided all relevant information regarding these trees, including an arborist’s report indicating that one of the trees is in poor health and the other is lopsided and near the end of its lifespan. Council’s Landscape Technician has granted consent to the removal of the two trees, subject to replacement planting (see Condition 82).

 

The landscape plan indicates shrubs and trees ranging from 0.3 to 4 metres in height. Additional tree plantings with mature heights ranging from 5-14m are also proposed. The development complies with the overall landscaping requirement that 50% of the site be landscaped and provides generous areas of open space that can be used for recreational purposes. The proposed landscaping also makes a positive contribution to the streetscape on both Arden Street and Kurrawa Avenue.

 

Council’s Landscape Officer is satisfied with the proposal, subject to conditions of consent (see Conditions 81-85).

 

The development is considered satisfactory with regard to landscaping.

 

9.8       Privacy

 

The proposal has been designed to have a primary outlook towards ocean view opportunities to the east and over the street to the west. Main living areas have been located at the eastern end of each of the dwellings.

 

Windows on the northern elevation generally have sill heights a minimum of 1.6 metres above finished floor level, which will minimise privacy impacts, despite the separation between dwellings being less than the preferred 10 metres. The north facing windows to the dining room are narrow long windows that have a lesser sill height. These windows are considered appropriate as they allow northern light into this secondary living area.

 

Bedroom windows on the southern elevation also have a sill height of 1.6 metres above finished floor level. This is adequate to ensure privacy to the adjoining building to the south. Bathroom windows to this elevation must be constructed of opaque glazing or have a sill height of 1.6m (see Condition 3). Three operable windows are proposed to the family room on the southern elevation. These windows are to be constructed of opaque glass to a height of 1.6m above finished floor level and are to have fixed lower panes. Kitchen windows also look out to the south. These windows are also to have a minimum sill height of 1.6 metres above finished floor level (see Condition 3).

 

Windows have been provided to the stairwell in order to introduce some articulation to this area which originally appeared bulky. Although this is a non-habitable area, the incorporation of large windows may have an impact on adjoining properties at night time due to lights being turned on intermittently or being left on all night. These windows are to be reduced in size, similar to the south-facing windows provided to the master bedrooms on each level. This will maintain articulation on this elevation without resulting in light spillage or nuisance to 16 Kurrawa Avenue (see Condition 4).

 

9.9       View Sharing

 

The development complies with the height standard for the site. Although the proposal increases the building footprint on the site the compliance with the height standard is considered to preserve views and aspect from surrounding buildings. Buildings to the west of the site (across Arden Street) are elevated above the subject site and will maintain outlook across the site.

 

The southeastern corner of the building (critical to outlook opportunities from the dwellings directly south of the site has been setback 3.9m from the eastern boundary and 2.6 metres from the southern boundary to preserve outlook from balconies and windows that look to the northeast. The proposal will not have any significant impact on properties to the north in terms of ocean view opportunities.

 

The development is considered satisfactory with regard to view sharing.

 

9.10     Solar Access and Energy Efficiency

 

As discussed in section 9.5 the site has an east–west orientation that results in any structure on the site casting longer shadows than may be expected on other sites. The impact of the proposed building will follow the existing shadows cast from the site, with lower levels of the adjoining building to the south being affected more than upper levels.

 

The upper levels of the building will receive sunlight during midwinter morning and noon periods with additional overshadowing occurring during the afternoon. This meets Council’s requirement for 3 hours of solar access to habitable rooms. Lower levels will be affected by the proposal, with solar access to lower level windows at the western end of 16 Kurrawa Avenue being reduced during midwinter mornings. By early afternoon shadows have moved off this area. The eastern end of 16 Kurrawa Avenue will have reduced solar access during afternoon periods, but will maintain existing morning sun.

 

The central portion of the ground floor level at 16 Kurrawa Avenue will not achieve Council’s minimum requirement of three hours of solar access, however this area is currently affected by shadow as the existing dwelling on the site is built closer to the southern boundary and has a ridge height that is one metre lower than the proposed building.

 

Solar access to the rear yard of the adjoining residential flat building to the south will be maintained from 12-3pm with some shadowing during midwinter mornings.

 

The layout of the building allows for the provision of operable windows to habitable rooms and encourages passive ventilation to all townhouses in accordance with ESD principles.

 

The applicant has submitted a NatHERS report of the dwellings in the proposed development, which shows that all dwellings achieve minimum rating of 3.5 stars. These ratings surpass Council’s minimum requirements.

 

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

 

9.11     Safety and Security

 

The development meets the requirements of the Multi-Unit Housing DCP with regard to safety and security. The development provides an entry portico to the central circulation core of the development. Each dwelling is readily identifiable from the street, occupying an entire level of the building and this identification is enhanced by the proposed balconies that are oriented towards both street frontages.

 

Low front fencing is proposed to Kurrawa Avenue and meets Council’s objectives for surveillance. Condition 5 requires that the proposal provide a fence to Arden Street that is 50% transparent, allowing views across the site from the street and providing greater surveillance opportunities from the development to the street. This is considered to be important as many developments on Kurrawa Avenue have a poor presentation to Arden Street, due to the change in level between the sites and the street and the orientation of the buildings to view opportunities to the east (having rear elevations to Arden Street).

 

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

 

9.12     Parking

 

The development meets Council’s requirements with regard to resident and visitor car parking provision. The driveway width and gradient (1:8) proposed meets Council’s requirements. Council’s traffic engineer is satisfied with the quantity, layout and location of parking subject to conditions.

 

Compliance with the required parking provision has limited impacts on the availability of on-street parking, which is at a premium given the proximity of Kurrawa Avenue to Coogee town centre and the beach. The proposal has not indicated any bicycle parking provision, however areas are available in the basement to accommodate a provision in accordance with the DCP (see Condition 6).

 

The driveway is located on the southern boundary and does not provide the 1 metres setback required by Council. Impacts of this non-compliance on streetscape and neighbouring properties have been mitigated by the inclusion of planting over the driveway where the ramp gradient allows. Given the small number of units and car spaces proposed, this is considered satisfactory to the objectives of the driveway setback control.

 

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

 

10.       CONCLUSION

 

The SEPP 1 objection lodged with respect to the non-compliance with the floor space ratio of the development is considered to be well founded in the circumstances.

 

It is considered that the proposed building is appropriate on the site given the desired future character of the area and the objectives contained within the RLEP98 and the Multi-Unit Housing DCP. The development proposes a building envelope, height and façade treatment that generally meets the criteria and fulfils these objectives. A deferred commencement condition has been imposed to ensure the materials and colours of the building are consistent with the surrounding area.

 

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

 

RECOMMENDATION:

 

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

AND

 

B.         THAT Council as the responsible authority grant its development consent under Section 80(3) (Deferred Commencement) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0621/02 for construction of a residential development comprising 3 dwellings and associated car parking at 12 Kurrawa Avenue, Coogee subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

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

 

Development Consent Conditions

 

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

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans drawn by Arttech Design and Construction Job No.0227 and Amendment D dated 21/01/03 in the amendments box and sheets numbered 1D, 2D and Amendment C of sheets numbered 3A-7A, dated 22/11/02 in the amendments box and stamped received by Council on 22/01/03, landscape concept plan LSK01 of job number

 02.729 drawn by Greenplan and dated 29.06.02, stamped received by Council on 2/07/02 the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.         The sill height to all windows on the northern side, except those to the dining rooms of each unit is to be a minimum of 1.6 metres above finished floor level. This condition is imposed to enforce the sill height indicated on the plans and protect the privacy of adjoining neighbours. Details required by this condition are to be included in the Construction Certificate plans.

 

3.         The sill height of the kitchen windows on the southern elevation is to be a minimum of 1.6 metres above finished floor level.

 

The bathroom and ensuite windows on the southern elevation are to have a sill height of 1.6 metres above finished floor level or are to be constructed of fixed opaque glazing to 1.6 metres above finished floor level.

 

The family room windows on the southern side are to be constructed of fixed, opaque glass to a height of 1.6 metres above finished floor level.

 

This condition is imposed to protect the privacy of adjoining neighbours. Details required by this condition are to be included in the Construction Certificate plans.

 

4.         The windows shown on the southern elevation of the stairwell are to be amended to reflect the window treatment shown on the eastern end of this elevation (to the master bedrooms). Each window is to have a maximum area of 0.4m2 and have a minimum sill height of 1.6 metres. This condition is imposed to preserve articulation without resulting in light spillage or nuisance to adjoining neighbours. Details required by this condition are to be included in the Construction Certificate plans.

 

5.         Fencing to the northern and southern side boundaries is not to exceed 1.8 metres in height, except where traffic safety dictates a maximum height of 600mm. A new fence is to be constructed along the western (Arden Street) boundary of the site that is not to exceed 1.8 metres in height and is to be constructed so that the fencing has openings or is constructed of materials that make it at least 50% transparent in accordance with the Multi-Unit Housing DCP. This condition is imposed to ensure fencing makes a positive contribution to the street and clarify appropriate fencing where the proposal has not indicated any provision. Details required by this condition are to be included in the Construction Certificate plans.

 

6.         As a minimum, one bicycle parking space is to be provided in a secure and convenient location, nearby the entry to the building for the use of building occupants.

 

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.

 

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

 

7.         In accordance with Council’s Section 94 Contributions Plan adopted in September 1999 a monetary contribution is to be paid to Council for the provision or improvement of public open space in lieu of on site provision for an amount of $5,464.00. This amount shall be paid by cash or bank cheque prior to the to the issuing of the construction certificate.  Council’s Section 94 Contributions Plan may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

8.         In accordance with Council’s Section 94 Contributions Plan adopted in September 1999 a monetary contribution is to be paid to Council for the provision of community facilities in lieu of on site provision for an amount of $2,416.00. This amount shall be paid by cash or bank cheque prior to the to the issuing of the construction certificate. Council’s Section 94 Contributions Plan may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

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

 

10.       Public access to the visitors’ carparking space is to be maintained at all times and in this regard, this approval does not include the installation of any roller doors or gates or the like to the carpark, without the prior development consent of Council.

 

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

 

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

 

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

 

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

 

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

 

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

 

16.       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.

 

17.       Where access is required to adjoining premises for construction purposes, the written consent of the owner/s of the subject adjoining premises must be provided to the satisfaction of the Principal Certifying Authority, prior to carrying out any construction works from or upon the adjoining premises.

 

18.       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.

 

19.       A separate subdivision development application is to be submitted for the strata subdivision of the proposed development.

 

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

 

 

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

 

21.       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:

 

22.       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:

 

23.       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.

 

24.       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:

 

25.       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.

 

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

 

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

 

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

 

27.       A sign must be erected on the site in a prominent, visible position, prior to commencing any demolition, excavation or building works, stating that 'unauthorised entry to the site is prohibited' and showing the name of the person in charge of the work site and a telephone number at which the person may be contacted outside working hours, in accordance with clause 78H of the Environmental Planning and Assessment Regulation 1994.

 

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

 

28.       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.

 

29.       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.

 

30.       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.

 

31.       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.

 

32.       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.

 

33.       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.

 

34.       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.

 

35.       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.

 

36.       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

 

37.       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.

 

38.       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.

 

39.       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.

 

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

 

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

 

42.       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.

 

43.       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”.

 

44.       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.

 

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

 

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

 

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

 

·          the slope of the land

·          site access points and access control measures

·          location and type of all sediment control measures

·          location of existing vegetation, to be retained

·          material stockpile or storage areas and methods of sediment control

·          location of existing and proposed drainage systems

·          proposed disposal of site water

·          location of building operations and equipment

·          proposed re-vegetation details

 

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

 

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

 

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

 

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

 

48.       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.

 

49.       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.

 

50.       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:

 

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

 

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

 

52.       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.

 

53.       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:

 

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

 

a)   Replace the existing vehicular crossing with a heavy duty vehicular crossing opposite the vehicular entrance to the site.

 

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

 

55.       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.

 

56.       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.

 

57.       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.

 

58.       The driveway opening at the Kurrawa Ave frontage must be 3.50 metres wide and located at least 0.75 metres clear of the side property. Details showing compliance with this condition are to be shown on the plans submitted for the Construction Certificate.

 

59.       The internal driveway must be a minimum 3.5 metres wide (clear width) at all points along the internal driveway. Details showing compliance with this condition are to be shown on the plans submitted for the Construction Certificate.

 

60.       A work zone is to be provided to the Kurrawa Avenue frontage 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 future civil works in the road reserve:

 

61.       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:

 

Kurrawa Ave - Match the back of the existing footpath along the full site frontage.

 

Arden St - Match the back of the existing asphalt footpath along the full site frontage.

 

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

 

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

 

62.       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.

 

63.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services  have been issued at a prescribed fee of $451.00 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:
 

64.       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.

 

65.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

71.       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.

 

72.       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)

 

73.       A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

 

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.

 

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

 

75.       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.

 

76.       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.

 

77.       As the above site may be present within a fluctuating water table/seepage water 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).

 

78.       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:

 

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

 

80.       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.

 

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

 

 

81.       The landscaped areas shown on the plan number 227/1d dated 01/05/02 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), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (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.

 

b.   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 within 6 metres of the common property boundary which are likely to be affected by the development.

 

c.   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.

 

d.   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.

 

e.   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.

 

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

 

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

 

h.   The landscape plan shall show a minimum number of 5 x 75 litre broad canopied trees (not palms) suitably located along the southern boundary of the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

The landscape plan shall show a minimum number of 5 x 75 litre broad canopied trees (not palms) suitably located along the northern boundary of the site. The trees selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

i.    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.

 

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

 

k.   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.

 

l.    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 a final Occupation Certificate.

 

m.  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.

 

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

 

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

 

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

 

p.   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.

 

q.   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

 

82.       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)     Two specimens of Virgilia capensis (Cape Lilac) located along the southern boundary of the site.

 

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

 

84.       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.

 

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

 

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

 

 

ADVISORY MATTERS:

 

A1.      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 (including 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.

 

 

A2       The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

            a)         Part B1                        -           Structural provisions

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

            c)         Part E2                         -           Smoke Hazard Management

            d)         Part E3                         -           Lift Installations

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

            f)          Part F5                         -           Sound Transmission and Insulation

 

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

 

Advisory Conditions

 

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

 

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

WILLANA ASSOCIATES

 

 

 

 

 









 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

29 January, 2003

FILE NO:

D/0661/2002

 

PROPOSAL:

 To demolish the existing dwelling house, subdivide land into two lots and erect a new dwelling on each allotment

PROPERTY:

 114 Victoria Street, MALABAR

WARD:

 South Ward

APPLICANT:

 Theo & Nina Theodorou

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.         EXECUTIVE SUMMARY

 

The proposal involves land subdivision into two lots and the construction of a dwelling house on each allotment.  The proposal fails to comply with Clause 30 of Randwick LEP 1998, in respect to minimum lot size, Council’s Subdivision Code and several sections for Randwick’s DCP for Dwelling Houses and Attached Dual Occupancy.

 

The dwelling at the rear will front Victoria Lane, which is currently a narrow laneway and the proposed dwelling will place pressure on the useability and serviceability of this lane further exacerbating traffic and access problems.  The proposal will establish an undesirable precedent.  The two storey scale and design of the rear dwelling will be an uncharacteristic feature of the laneway and incongruous with existing laneway development.  The dwelling is substantial in size and bulk and will be out of character with existing laneway development in terms of its scale and form, as well as creating adverse amenity impacts on adjoining properties.

 

The dwelling facing Victoria Street does not comply with the 7m wall height and in particular the proposed access stair and roof terrace are uncommon and uncharacteristic features that add bulk to the development and will create some overlooking.  The proposed driveway and turning area dominates the frontage and is considered to be unattractive and detracts from the amount of landscaping that could otherwise be provided at the front of the dwelling.

 

It is for these reasons the proposal can not be supported and is recommended for refusal.

 

2.         THE PROPOSAL

 

The proposal involves demolition of the existing two storey dwelling house, subdivision of the property into two allotments and erect a new two storey dwelling house on each lot. The proposed Lot 1, which addresses Victoria street frontage, will comprise an area of 442.5 m2 and have a frontage of 17.60m. The proposed rear Lot 2 will have an area of 442.5 m2 and a frontage of 17.60 to Victoria lane.

 

At the front (Lot 1), it is proposed to erect a two-three storey, five bedroom dwelling house with semi submerged basement car parking.

 

On the rear (of Lot 2), it is proposed to erect a two storey, five-bedroom dwelling house with double garage incorporated into the building design. This dwelling is to front Victoria Lane with pedestrian and vehicular access off the lane.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Victoria Street and has overall dimensions of 17.60m x 50.29m with a total site area of 885.10m2. The site is a rectangular shaped allotment with two street frontages, one to Victoria Street and the other to Victoria lane. There is a general fall from the rear to the front boundary of approximately 4.68m. At present there is a two storey dwelling on the site which was erected in space1991.

 

The locality is residential in nature and contains a variety of single and two storey freestanding dwellings on large allotments of land. The character of the locality is coastal with the Randwick Golf Course and Malabar Bay being the dominant local landscape features nearby and this portion of Malabar being within the Foreshore Scenic Protection Area.

 

4.         SITE HISTORY

 

Subdivision 40/60     -     Council granted consent for a battleaxe subdivision in 1960.  The approval was never taken up.

 

DA 1584/99             -     Approval was granted in 1999 to construct a glass enclosure at the rear of the existing dwelling.

 

5.         COMMUNITY CONSULTATION:

 

5.1       Objections

 

The owners of adjoining properties were notified of the proposed development on the 24 July 2002 and given a fourteen-day period in which to comment.  As a result of this notification, the following submissions were received:-

 

1.   Craig Golledge

109 A Victoria Lane

MALABAR 2036

 

Concerns raised:

 

-     The proposed subdivision is not in keeping with the area.

-     The proposed dwelling height is considered to be excessive.

-     The proposed development will create an unnecessary degree of overshadowing

-     The proposal will create some view loss.

 

2.   A.S. King

110 Victoria St,

MALABAR 2036

 

Concerns raised:

 

-     The bulk, scale and height of the building (block 2) at the rear is considered undesirable.

-     Overlooking to adjacent yards from the proposed balconies will occur.

-     Non-compliance with the land size requirement of 900m2 minimum under Randwick Local Environmental Plan 1998 is unacceptable.

 

 

3.   G. Tomaszuk & K. Heussner

112 Victoria St

MALABAR 3036

 

Concerns raised:

 

-     Non-compliance with the land size requirement of 900 m2 minimum

-     The proposal will generate an increase in traffic.

-     The proposal doesn’t comply with the Floor space ratio

-     The area is currently a low density area and the proposed development is considered to be an over development.

-     There will be a loss of privacy

-     Access to roof top area is considered unnecessary and undesirable.

-     The proposal will generate some noise impact.

 

These issues/concerns are addressed in greater detail in Section 8 of the report.

 

5.2       Support

 

There were no submissions made in support of the development application.

 

6.         TECHNICAL OFFICERS COMMENTS

 

The application was referred to Council’s Asset and Infrastructure Services Department for comment the following comments were made:

 

Landscape Issues

 

There are no trees covered by Council’s Tree Preservation Order that will be affected by the proposed works.

 

Drainage Issues

 

Onsite detention of stormwater is not required for this application.

 

The proposed rear lot has shown its site stormwater to be disposed by an infiltration pit located in its backyard. The EPCD Department is advised that the AIS Department does not support this method of stormwater discharge at this location, as there is a possibility that rock may be present below the surface. The AIS Department has conditioned the rear lot to discharge its site stormwater to the Council stormwater drainage pit at kerb at the Victoria St frontage via a 150mm diameter pvc pipe located within a minimum 0.90m wide drainage easement.   

 

Subdivision Issues

 

“The EPCD Dept is advised that Council’s AIS Dept has consistently opposed subdivisions which have frontage to a lane only as they do not comply with sections C, D or E of Council’s Subdivision Code”

 

The areas of non-compliance with respect to Council’s Subdivision Code is covered in greater detail in Section 9.

 

7.         MASTER PLANNING REQUIREMENTS

 

The proposed development does not exceed 4000m2 in site area and therefore does not require the preparation of a Master plan.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)        Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent. Despite the proposals permissibility it fails to comply with the objectives of the 2A Zone.  This is discussed in further detail in Section 9.2 of this report.

 

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

 

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

 

8.1 Policy Controls

a.   Development Control Plan No.

 

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

-     Development Control Plan - Parking.

-     Section 94 Contributions Plan.

-     Council’s Subdivision Policy.

 

9.         ENVIRONMENTAL ASSESSMENT

 

9.1       Previous subdivision/development approvals

 

The site inspection revealed that there are several subdivisions to Victoria Lane, which have occurred in the past.  Some are located on the same side as the proposed development and in close proximity to the subject site. Perusal of Council’s records has revealed the following regarding the subdivision pattern in the immediate context of the site (being the block bounded by Victoria Street, Prince Edward Street, Howe Street and Napier Street);

 

*    120 Victoria Street -                 Torrens title subdivision of land into two lots approved 30/05/1997 (DA 233/97). The site has a 12.19 metre frontage to Victoria Street and a site area of 325.4m2.

 

*    122 Victoria Street -                 Battleaxe subdivision of land into two lots approved 06/07/1971 (Subdivision No 36/71). The site has a 15.09 metre frontage to Victoria Street and a site area of 758.90m2.

 

*    107 Prince Edward Street -      Battleaxe subdivision of land into two lots approved (Subdivision No 48/73). The site has a 16.385 metre frontage to Prince Edward Street and a site area of 824m2.

 

*    109 Prince Edward Street -      Battleaxe subdivision of land into two lots approved on 01/08/1972 (Subdivision No 41/72). The site has a 14.555 metre frontage to Prince Edward Street and a site area of 727 m2.

 

It should be noted that most are battleaxe subdivisions retaining a formal main street address.

 

The site inspection revealed that there are many other examples of subdivision in Victoria Street and the majority are smaller in land size than the subject application. It is acknowledged that a precedent for subdivision has been set in the street.  However it must be noted that these approvals were based on previous planning controls that are no longer in force.  This proposal is the first subdivision in the street to be assessed under the Randwick Local Environmental Plan 1998.

 

The proposal fails to comply with the minimum allotment size and the applicant has lodged a SEPP No. 1 Objection to justify the non-compliance.  A detailed assessment is included below.

 

9.2       Randwick Local Environmental Plan 1998

 

Clause 30 of the LEP specifies a minimum allotment size of 450 m2 and frontage 12m. The site has a 17.60m frontage and each allotment is to be provided with an area of 442.50 m2. Each proposed lot will be 7.50m2 under the minimum area requirement. A SEPP 1 objection has been submitted in this regard.

 

In the SEPP 1 objection, the applicant argues that compliance with the standard is unnecessary and unreasonable in the circumstances of the case, for the following reasons:

 

-     Opportunities exists to create direct street access for car parking purposes from the two separate street frontages.

-     The extra land allowance normally required is more than offset by the removal of a common property access road to link both properties.

-     Rear lane development in this portion of Victoria lane is already established with direct access to the lane and properties fronting the lane on both sides of the laneway.

-     The model that we are proposing allows for deep setbacks and resulting opportunities for on-site visitors parking.

-     It enhances the local amenity by strengthening rear lane development.

-     No requirement for internal driveways and turning areas due to dual frontage.

 

The stated objective and purpose of the subdivision standard under Clause 30 of the LEP is to establish minimum requirements for the subdivision of land within residential zones in order to protect and enhance local amenity. 

 

The intention of the standard is to maintain and enhance local amenity.  Prior to Randwick Local Environmental Plan 1998 the minimum allotment size for subdivision was 325m2 under the Randwick Planning Scheme Ordinance. The properties along Victoria Street and Prince Edward Street that have been subdivided came under these provisions at the time of assessment and most SREP12 and SEPP25 allotments complied with the minimum total site area of 750m2. Hence approval was granted in subdividing several blocks (despite non-compliance with Sections of Council’s Subdivision Code).  At the time it was noted that compliance with statutory provisions overrode non-compliance with policy based controls for example most subdivisions complied with the minimum subdivision size per allotment and complied with the provisions of REP No.12 in respect the height and floor space ratio (FSR) for a second dwelling at the rear and the only non-compliance was in respect to allowing a subdivision to a laneway which was not designated for road widening purposes under the Council’s Subdivision Code. As such several precedents were established that remain examples today. The dwelling houses at the rear facing Victoria Lane are mostly single storey since at the time Regional Environmental Plan No.12 stipulated that a second dwelling at the rear  (in a detached dual occupancy situation) was to be single storey in order to minimise amenity impacts to adjoining property’s by reducing the scale and height of such development. This made additional dwellings more modest scale and proportions. Regional Environmental Plan No.12 was repealed in 1998 and as a result Council under the Randwick Local Environmental Plan 1998 established a minimum allotment size of 450m2 per lot, which is stricter than the previous provisions.

 

When considering the issue of precedent, the context in which the approvals for surrounding developments must be examined and whether the precedent that has been established is a beneficial and desirable one. Just because approval has been granted for similar developments doesn’t qualify every next proposal to be approved on this basis. The current proposal does not comply with Clause 30 of Randwick LEP 1998 nor does it comply with Council’s subdivision policy and the precedents that have been established along the tight laneway at the rear have had an adverse impact on the usability and functionality of this laneway and any future development fronting the lane will create further undue pressure and exacerbate the current problems.  Therefore, the proposal will set a undesirable precedent that is not encouraged.

 

Although the proposal complies with the minimum allotment width of 12 (having over 17m) it fails to comply with the minimum lot size of 450m2. The intention of Clause 30 is to maintain and enhance amenity.  The provision of two substantially large dwelling houses on the site one fronting Victoria Lane is considered to be an overdevelopment of the site and will place further undue pressure on an already constrained laneway. The applicant has argued that the non-compliance is minor totaling 15m2. However, compliance with the minimum lot size would possibly allow for greater setbacks and more space to work with, which in this case is important.

 

It is also important to examine the relevant objectives of the Residential 2A zone as identified under Clause 10 of the LEP, which are:

 

(a)  to maintain the character of established residential areas; and

 

(c)  to enable re-development for low density housing forms including dwelling houses, dual occupancy, semi-detached housing, and the like, where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development.

 

In this particular case it is important to outline what the predominant and “established” character of the area. The original subdivision pattern in the area is based on the traditional grid pattern where dwellings face street frontages and if laneways exist they are for servicing purposes only. The established subdivision pattern relies on substantial homes facing the street with no driveways, garages or carports along the street frontage but rather access from the rear. Limiting driveway crossings and access points creates more attractive and consistent street frontages. This is the case for Victoria Street, Prince Edward Street and its surrounds. Victoria lane was established as a service lane and not as a laneway to be redeveloped for residential purposes. Council’s Subdivision policy designates particular laneways in the City of Randwick, which are considered capable of being widened to accommodate and cater for a higher degree of development and become formal roadways. The policy does not include Victoria Lane as such it is clear that it was never the intention for Council to widen or extend this lane to cater for development to front it. Although some precedent has been established it is obvious when driving down the laneway it is neither a desirable precedent nor one that council should promote in the future. More housing along the lane will further exacerbate current problems in servicing the lane for garbage disposal and postal deliveries. It is a narrow lane that has become increasingly difficult to access and drive through since there are usually cars parked in the laneway adjacent to the few existing homes that front it.

 

These problems are common and are associated with development on such a narrow and tight laneway including difficulties with garbage collection (which normally should occur from the main roadway being Victoria Street) with trucks finding it hard to access the lane, postal deliveries and general traffic problems with cars parking along the lane (either residents or visitors) occur.  It is for these reasons that the proposed subdivision with the dwelling on Lot 2 facing the laneway being an undesirable development. It is for these reasons that the SEPP No. 1 objections is not well founded and doesn’t satisfy the objectives of the standard.

 

The second dwelling includes a double garage which is setback approximately 5.1m allowing for two vehicles to park within this setback space.  Section 4.7 of Council’s DCP states that minimum dimensions for a car parking space are 2.5m x 5.5m. The proposed visitor spaces fail to comply with the minimum requirement and if there were vehicles parked along the laneway the manoeurrability to and from these spaces would be difficult and constrained, even possibly unsafe.

 

9.3       DCP-Dwelling Houses and Attached Dual Occupancies

 

9.3.1    Landscaping

 

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

 

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

 

The landscaped area provided for Lot 1 is approximately 181.85 m2, which corresponds to 41% of the lot area. Approximately 33% of the lot area is provided as soft landscaping.

 

The landscaped area provided for Lot 2 is approximately 232.18 m2, which corresponds to 52% of the lot area. Approximately 46% of the lot area is provided as soft landscaping.

 

The preferred solutions for landscaping would be met.

 

9.3.2    Floor Area

 

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

 

The preferred solution for Lot 1, which comprises a proposed dwelling house, is that a maximum floor space ratio of 0.6:1 applies. The proposed FSR on this lot is 0.64:1 excluding the area of the basement. That has not been subdivided giving them more space to work with. The proposed dwelling is visually bulky, however, it is the size and scale of the dwelling at the rear that is a greater concern.

 

The preferred solution for Lot 2, which comprises a proposed dwelling house, is that a maximum floor space ratio of 0.6:1 applies. The proposed FSR on this lot is 0.497:1. Despite compliance with the FSR the two storey dwelling fronting Victoria Lane is excessive in bulk and scale and is an uncharacteristic feature along the laneway.

 

9.3.3    Height, Form & Materials

 

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

 

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

 

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

 

The proposed building on Lot 1 has a maximum wall height of 8.72m. The proposed building on the rear Lot 2 has a maximum wall height of 7.3m. Both proposed buildings are set back more than 1500mm from side boundaries.  The noncompliance with the height requirement to the proposed building on lot1 is due to the stair well area above first floor, which would allow access into the roof terrace.  The dwelling at some points represents a three storey dwelling house.  Although many homes along Victoria Street are substantial in size, many have not been subdivided and have deep blocks with long, spacious rear garden area.  There is no reason why the proposed dwelling cannot comply with the 7m wall height limit.  The roof terrace component and associated access is an uncommon feature in the area, adding unnecessary height and bulk to the development.

 

It is considered that the trafficable roof terrace does have the potential to have a significant adverse impact upon the adjoining premises with respect to overlooking and creation of noise. The stairwell access to the roof terrace effectively increases the overall bulk and scale of the building and enable unfettered viewing into all the surrounding premises. The design of the proposed building on lot 1 includes numerous balconies, which serve the individual building, and provision of outdoor private open space is available at the rear of the property. The construction of the stair area to the roof terrace on lot 1 and the void area on lot 2 would increase the overall building height to over 7.00 m, increase the bulk and scale of the development and has potential for adverse impact upon the amenity of adjoining premises.

 

The non compliance with the height preferred solution requirement to the proposed building on lot 2 is due to the void area proposed above the ceiling of the first floor level in the hall. The second dwelling at the rear is very bulky and there is only one two storey dwelling facing Victoria Lane.  A large, two storey dwelling as proposed is considered to be out of character with the established building bulk, scale and height of dwellings to the lane.  It will create an undesirable precedent and will have an adverse visual and amenity impact.

 

9.3.4    Building Setbacks

 

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

 

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

 

The proposed buildings meet the preferred setback solutions of the DCP. No adverse impacts by way of loss of sunlight, daylight or fresh air will be occasioned to the adjoining properties, and the performance requirements in this regard will be satisfactorily met.

 

The 6.5m front setback of the building on the proposed front Lot 1 is compatible with the existing adjoining buildings. The proposed building on the rear Lot 2 is generally set back at a minimum 5.00m from the rear lane, western boundary. The relevant performance requirement in this regard would be met.

 

9.3.5    Visual & Acoustic Privacy

 

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

 

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

 

Concern is raised by overlooking of neighbouring properties will be occasioned by the proposed development particularly from the rear building on lot 2. The balcony from the first floor bedroom (on Lot 2) could be used for entertainment purposes and is considered excessive in size. In addition, overlooking to the rear yard of the adjoining property to the north at no 110 and 112 Victoria Street from the eastern master bedroom and northern study windows could also pose some amenity concerns.  It is once again the size and scale of the rear dwelling that is incompatible with surrounding developments causing amenity impacts in the form of an unnecessary degree of overlooking.

 

The dwelling at the front has a series of windows along the eastern elevation promoting some potential for overlooking, however, it is the roof terrace that will cause adverse impacts in terms of its potential to overlook immediately adjoining residences.  The size and location of the terrace is considered to be excessive and undesirable.

 

9.3.6    Safety & Security

 

The objectives and performance requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance, dwellings and their entrances are readily identifiable by street numbering and design of front fences and landscaped areas allows for safe access to the dwelling.

 

Preferred solutions are that the front doors of dwellings are visible from the street, at least one habitable room window overlook the street, a Council approved street number is conspicuously displayed at the front of the dwelling or front fence, and that any front fence comply with the other relevant requirements of the DCP. 

 

The orientation of entries, window and door openings, and balconies to the street frontage provide opportunities for casual surveillance of the street and front yards of adjoining dwellings.

 

The preferred solutions in this regard will be met.

 

9.3.7    Garages & Driveways

 

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

 

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

 

The proposed garages of the building on the front Lot 1 are setback behind the building line at the basement level. The proposed driveway crossing on Council’s footpath area is proposed at 6.00m in width, which is 34% of the width of the site. However, the combined width of the driveways and turning areas in front of the building line serving the proposed development accounts for approximately 79% of the site width. This is considered unacceptable as the majority of the front yard is to be excavated and paved to serve the manouvering areas for vehicles.

 

The proposed double garage will be incorporated within the building envelope on Lot 2 and are setback at 5.30 metres from Victoria Lane boundary line. There is space available in front of this building to accommodate at least two parking spaces for visitors. However the dimensions for these spaces fails to comply with Council’s minimum requirements.

 

9.3.8    Fences

 

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

 

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

 

The proposed 1.5m high, solid concrete front fencing will not meet the preferred solutions of the DCP, since the preferred solutions require the upper ⅓ of any front fence to be open, to maintain reasonable levels of amenity to the adjoining residential development.

 

9.3.9    Solar Access and Energy Efficiency

 

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

 

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

 

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

 

The shadow diagrams submitted with the application demonstrate that the solar access requirements of the DCP will be met.

 

The application includes Nat HERS certificates demonstrating that the proposed dwellings meet the required 3.5 star rating.

 

9.4       Subdivision Policy

 

As previously mentioned in detail the proposal does not comply with Sections C, D and E of Councils Subdivision Policy.

 

9.5       Randwick LEP – Clause 29 Foreshore Scenic Protection Area

 

Clause 29 of the LEP requires that Council can only grant consent after consideration has been given to the aesthetic appearance of the proposed building in relation to the foreshore.  The general contemporary design of the proposed dwelling facing Victoria Street is considered satisfactory in respect to this clause an the  aesthetic appearance is consistent with the diverse nature of the locality.

 

10.       CONCLUSION

 

The proposal fails to comply with Clause 30 of Randwick LEP 1998 and in this case the SEPP No. 1 objection is not supported since the proposed subdivision and does not satisfy the objectives of the standard and will set and undesirable precedent along the laneway. The proposed dwelling that will front the laneway with further constrain the functionality and useability of the lane and exacerbate traffic problems.

 

The proposed dwellings in terms of their design, height, bulk and scale fail to comply with important controls outlined in Councils DCP for Dwelling Houses and Attached Dual Occupancy and will create adverse amenity impacts to adjoining properties and are out of character with the streetscape and immediate locality, in particular dwelling No. 2 which will be a large, bulky development fronting a rather narrow laneway.  It is for these reasons the proposal cannot be supported.

 

The application is recommended for refusal.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. D/0661/2002 for to demolish the existing dwelling house, subdivide land into two lots and erect a new dwelling on each allotment at 114 Victoria Street, MALABAR for the following reasons:-

 

1.         The proposed development fails to comply with clause 30 of Randwick local Environmental Plan 1998 in respect to minimum lot sizes and the SEPP No. 1 objection is not supported since the degree of non-compliance will adversely affect the amenity of neighbouring properties, the general locality and will have a detrimental impact on Victoria Lane.

 

2.         The proposed development fails to comply with Sections E, C and D of Council’s Subdivision Code, since Victoria Lane is not designated for road widening purposes and development having direct access off the lane will add further undue pressure on the servicing, functionality and useability of the lane.

 

3.         The proposal is inconsistent with the objectives of the Residential 2A Zone since the overall bulk, scale and height of both proposed dwellings is considered to be  excessive and an overdevelopment of the site which will have an adverse impact on neighbouring properties.

 

4.         The location size, bulk and scale of the proposed dwelling at the rear will create adverse amenity impacts in terms of privacy, overlooking and overshadowing on adjoining residences.

 

5.         Both dwellings do not comply with the objectives and preferred solutions in  Section 4.3 of the DCP in respect to wall height. The proposed height and scale of the dwelling at the rear in conjunctions and out of character with adjoining development along Victoria Lane.  The proposed access stair and roof terrace to the front dwelling is an uncommon feature to the streetscape adding bulk and height.

 

6.         The proposed design of the rear dwelling is uncharacteristic of development currently fronting the laneway and the proposed height, bulk, scale and design will have an adverse impact on the lane way.

 

7.         Dwelling No. 1 facing Victoria Street does not comply with the aims and objectives and preferred solutions of Section 4.7 of the DCP for Dwelling Houses and Attached Dual Occupancy since the driveway and turning area to the front dwelling takes up an excessive amount of the frontage and is very dominating, hence reducing the amount of soft landscaping.

 

8.         The proposed front fence to Victoria Street is considered to be out of character with the streetscape and does not comply with the objectives and preferred solutions of Section 4.8 in the DCP for Dwelling Houses and Attached Dual Occupancy.

 

9.         The design of both dwellings fails to comply with the objectives and intentions of Section 4.5 of the DCP for Dwelling Houses and Attached Dual Occupancy in respect to privacy since there will be overlooking generated from the proposed roof terrace of Dwelling No. 1 and overlooking occurring from the numerous windows along it’s eastern elevation.  Overlooking from dwelling No. 2 to adjoining properties will occur from the first floor.

 

10.       The proposed development establishes an undesirable precedent, cumulatively impacting to transform the character of Victoria Lane.

 

11.       The proposed visitor car parking spaces for the dwelling at the rear fail to comply with the minimum dimensions for car parking spaces as stipulated in Section 4.7 of Council’s Development Control Plan for Dwelling Houses and their location will cause some difficulty in manoeuvrability to and from the laneway.

 

12.       The proposed development is not in the public interest having regard to the submissions received and the circumstances of the case.

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

………………………………

………………………………

SIMA TRUUVERT

LARISSA  OZOG

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

COORDINATOR ASSESSMENT

 

 

 







 

Director Planning & Community Development's Report 01/2003

 

 

SUBJECT:

Planning for Bushfire Protection - Update

 

 

DATE:

13 January, 2003

FILE NO:

98/S/4762

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT      

 

INTRODUCTION:

 

On August 1, 2002 The Rural Fires and Environmental Assessment Legislation Amendment Act 2002 (RFEA Act) came into force making amendments to the Environmental Planning & Assessment Act 1979 and Rural Fires Act 1997. The RFEA Act, among other things, required that bushfire prone land maps be prepared and certified by the Rural Fire Services (RFS) Commissioner for all Local Government Areas to which Bushfire Risk Management Plans applied. The RFEA Act also required that the mapped lands be identified in Planning (s149) Certificates.

 

At the time of the legislative changes, a draft Eastern Suburbs Bushfire Risk Management Plan had been prepared and exhibited. Accordingly, in line with the new legislative requirements Council Officers met with the NSW RFS in early September to expedite RFS preparation of draft bushfire prone land maps.

 

Recent advice from RFS however has indicated that, after further consideration and given the moderate nature of bushfire threat in Randwick City, bushfire prone land maps are not required for the LGA. The purpose of this report is to brief Councillors on this matter.

 

 

BACKGROUND:

 

Early in 2002 a draft Eastern Suburbs Bushfire Risk Management Plan was prepared by the District Bushfire Management Committee (with Council Officer representation). In accordance with the regulations to the Rural Fires Act 1997, the draft bushfire risk management plan was placed on public exhibition with submissions requested by 30th July 2002.

 

On 1 August, 2002 the RFEA Act came into force and required that bushfire prone land maps be prepared and certified by the RFS Commissioner for Local Government Areas to which Bushfire Risk Management Plans applied. The RFEA Act also required that the mapped lands be identified in Planning (s149) Certificates.

 

Until the bushfire prone land maps were prepared, the RFEA Act required that bushfire hazard maps in the draft risk management plan be used to determine bushfire prone land as an interim measure. A review of the hazard maps in the draft risk management plan, however, indicated that the hazard areas highlighted in it did not correspond to bushland areas identified in surveys, field work and through aerial photos by Council’s bushland officers. Accordingly, using these maps as an interim measure to determine bushfire risk would not accurately represent bushfire prone land in Randwick LGA. Given this Council expedited the preparation of accurate final bushfire prone land maps to replace the interim maps.

 

In September 2002, Council provided the RFS with vegetation data upon which to base the final maps. Council continued to liase with the RFS in relation to the matter and on 13 December 2002 NSW the RFS advised in writing (attachment 1) that:

§ major bushfire risk in Randwick is considered moderate and relates mainly to the management of Botany Bay National Park.

§ the Commissioner has not approved the current draft bush fire risk management plan for the Eastern Suburbs and that the Bush Fire Co-ordinating Committee intended recommending that the plan not proceed to finalisation.

§ as a result, the bushfire prone land mapping, DA referral and Section 149 reporting requirements of the new legislation do not apply to Randwick LGA.

§ it would be preferable for Council to prepare an amendment to Randwick LEP to address bushfire issues.

 

Council has since confirmed to NSW RFS that a comprehensive LEP 1998 review will be undertaken in 2003-04 and will involve liaison with NSW RFS to ensure consideration of possible appropriate controls on land uses in or near significant bushland areas.

 

 

CONCLUSION:

 

The NSW RFS has confirmed that bushfire prone land mapping under The Rural Fires and Environmental Assessment Legislation Amendment Act 2002 is not required for the Randwick Local Government Area. Randwick Council bushland in effect does not warrant the legislative controls being applied to many other Councils. Accordingly the DA referral and Section 149 reporting requirements of the new legislation also do not apply. RFS advice also indicates that the draft Eastern Suburbs Bushfire Risk Management Plan will not proceed to finalisation.

 

The RFS’s preference is that Council consider amendments to Randwick LEP 1998 to address any bushfire issues. Accordingly, Council will consider bushfire issues in all LEP and DCP preparation and review. Current mapped bushland areas, including large areas on the Bundock Street and Prince Henry hospital sites will continue to be reviewed and refined with specialist advice from Council Bushland Officers to assist in the planning and management of these lands. The existing mapped information will also continue to be reviewed and refined in all masterplan and development assessment processes.

 

 

RECOMMENDATION:

 

It is recommended that Councillor’s receive and note this report.

 

ATTACHMENT/S:

 

Letter from RFS dated 13 December 2002

 

 

………………………………

………………………………

SIMA TRUUVERT

DOMINIK SWIERK

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNER

 

 

 

 



 


 

Director Planning & Community Development's Report 02/2003

 

 

SUBJECT:

Use of State Environmental Planning Policy (SEPP) No. 1 in Development Applications - Update for first quarter of 2002/03 Financial Year

 

 

DATE:

15 January, 2003

FILE NO:

98/S/3412

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

 

INTRODUCTION:

 

At its meeting of 23 July, 2002 Council resolved that statistics be kept on the number of SEPP 1 applications submitted to Council and the number of these applications approved or refused.

 

This report follows on from Director Planning & Community Development’s Report 79/2002 to the HBPC meeting held on 12 November 2002. It provides figures for the second quarter of the 2003/04 financial year as well as overall cumulative figures for the period between  July 1, 2002 and December 31, 2002.

 

 

SEPP 1 FIGURES:

 

1 October, 200231 December, 2002

In the most recent quarter, there were 23 Development Applications approved by Randwick Council which included SEPP 1 variations to development standards. During this period Council determined 306 Development Applications. Accordingly the SEPP 1 variations represented 7.5 % of the total applications processed during this period.

 

Of the 23 approvals 11 related to Multi Unit Housing developments, 2 were for subdivisions, 5 were for mixed used buildings, 3 for attached dual occupancies. 1 variation related to a dwelling house and 1 for a commercial building. 4  variations were approved by the HBPC, 3 by Council and 16 were approved under delegated authority.

 

Once again the variations were predominately for development in residential zonings with 6 variations in the 2A zone, 7 variations in the 2B zone and 5 variations in the 2C zone. There  were 3 variations in the 3A zone and 2 variations in the 3B zones.

 

The variations related to the following clauses of Randwick LEP 1998:

 

Residential

·    Clause 30(1) – Minimum allotment and frontage requirements

·    Clause 31(2) – Landscaping in 2B/2C zones

·    Clause 31(3) – Landscaping over podium areas

·    Clause 32(1) – FSR in 2A/2B/2C

·    Clause 32(2) – FSR in 2C zone where site area < 700sqm

·    Clause 33(4) – External wall height in 2C

 

Business

·    Clause 32(3) – FSR in 3A/3B zones

·    Clause 33(3) – Building Heights in 2A/2B

·    Clause 33(5) – Building Heights in 3A/3B

 

Dual Occupancies

During the reporting period some of the variations were minor while others were more significant. Of the minor variations were variations to two of the attached dual occupancy developments (DA 02/972 and DA 02/537). In these developments minor variations were approved to the Floor Space Ratio requirements of the LEP. The third dual occupancy DA (02/613) for 22 Gregory Street, South Coogee included a more significant variation of 0.698:1 to the FSR (0.5:1 was the FSR requirement)

 

Multi Unit Housing

Development Applications 01/1166 and 02/192 for multi unit housing also included minor variations relating to landscaping and FSR respectively. Where variations to FSR requirements for Multi Unit Housing were more significant they were justified on the grounds that the variation would not cause any significant increase in the bulk and scale of the building. This was the case for DA 02/1078 for 24 Marcel Ave, Randwick (change of ground floor garage to living area), DA 02/820 for 2 Major St Coogee (enclosure between 2 buildings), DA 02/202 for 84 Dudley St Coogee (new 3 storey building) and DA 02/131 for 8 Ormond Gardens (development of Multi Unit Housing) which was approved under delegated authority.

 

There were 2 applications for Multi Unit Housing which included significant variations to development standards. DA 00/813 and DA 01/552 for 135-147 Alison Road, Randwick (Randwick Labor Club) and 403 Clovely Road, Clovelly both approved by the HBPC.

 

Subdivisions

Two approvals were given for variations to subdivision requirements of  Randwick LEP 1998 - DA 02/947 for 179 Rainbow Street, Randwick and DA 02/843 for 197 Boyce Road, Maroubra both in 2A zones. In both cases a precedent had already been set with adjoining lots having been subdivided. In DA 02/843 for 197 Boyce Road the land was part of a 6 lot subdivision where adjoining lots all had a frontage and site area below the standard required by the LEP.

 

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