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

 

1st April, 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, 8TH APRIL, 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 & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 11 TH MARCH, 2003.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 24/2003 - 11-13 FENTON AVENUE, MAROUBRA. (DEFERRED.)

2

 

5.2                      

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 25/2003 - SECTION 82A REVIEW OF DETERMINATION FOR EXTENSION OF HOURS OF OPERATION OF AN EXISTING RESTAURANT AT NO. 10-12 BREAM STREET, COOGEE.  (DEFERRED.)

15

 

5.3                      

DEVELOPMENT APPLICATION REPORT - 21 INGLETHORPE AVENUE, KENSINGTON.

27

 

5.4                      

DEVELOPMENT APPLICATION REPORT - 5-7 ASCOT STREET, KENSINGTON.

36

 

5.5                      

DEVELOPMENT APPLICATION REPORT – 30-32 McCAULEY STREET, MATRAVILLE.

48

 

 

6                    Miscellaneous

 

6.1                        

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT’S REPORT 26/2003 - MASTER PLAN FOR 1-81 LITTLE BAY ROAD, LITTLE BAY.  (DEFERRED.)

84

 

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

 

 

…………………………….

GENERAL MANAGER

 


 

Director Planning & Community Development's Report 24/2003

 

 

SUBJECT:

11-13 Fenton Avenue, Maroubra

 

 

DATE:

24 March, 2003

FILE NO:

D/1105/02

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT   

 

 

INTRODUCTION:

 

Council at its Ordinary Meeting held on 25 February 2003 resolved that Development Application No. 1105/2002 to demolish existing buildings, regrade land for use as a new car park for the Maroubra Seals Club be deferred to allow for receipt of legal advice on the right of way which benefits adjoining properties on Fenton Avenue, Maroubra.

 

ISSUES:

 

Council’s solicitors Bowen & Gerathy have carried out searches of the title to all the properties on the eastern side of Fenton Ave and have advised that No.’s 1- 15 Fenton Avenue benefit from the right of way.  The searches also indicate that properties in McKeon Street and Marine Parade also benefit from the right of way.

 

On the basis of the searches that were undertaken and the legal entitlements of the dominant tenement (i.e. the land which enjoys the benefit of the right of way) Council’s solicitors have advised that the car park must be configured and constructed so as to ensure that parked cars and any other structures do not impede free passage by the owners who benefit from the right of way over and along the right of way. 

 

The proposed car park in its current form would need to be amended so that car spaces 22 –27 which are situated over the right of way are deleted.  Should these car spaces not be deleted then it is considered that a reconfigured car park with the original total number of proposed spaces could not be accommodated within the area excluding the right of way due to the necessary space requirements for safe and straight forward manoeuvring. 

 

It should be noted that the issue of the right of way is only one of number of concerns raised in relation to the proposed development.  The conflict associated with the proposed carpark and the residential nature of adjoining and neighbouring properties in terms of noise, the detrimental impact on the streetscape of  Fenton Avenue and the potential flooding problems all indicate that the site is unsuitable for its proposed use as a carpark. 

The proposed development would also reinforce the social dependence on the motor vehicle and is inconsistent with ESD principles.  The car demands huge amounts of space for movement and storage, and requires very large amounts of energy for passenger kilometre when compared to energy use of efficient mass transport systems.  Further, an increase in the quantum of parking in the area cannot be justified given the ample parking that exists in the Maroubra Beach area.

 

CONCLUSION:

 

Council’s solicitors have advised that the properties 1-15 Fenton Ave currently benefit from the right of way and that the proposed car park would result in substantial interference with the right of way.  Given that a number of properties have been identified as benefiting from the subject right of way, reason for refusal No. 6 should be amended to include all the properties, which have dominant tenement.

 

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. 1105/2002 to Demolish existing buildings, regrade land for use as a new car park for the Maroubra Seals Club at 11- 13 Fenton Avenue, Maroubra for the following reasons:-

 

1.         The proposed use of the land as a car park would be incompatible with the residential nature of the surrounding area. In terms of its late night usage that could potentially cause noise and disturbance that is to the detriment of the amenity of the residents.

 

2.         The proposed car park at this location would be detrimental to character and visual appearance of Fenton Avenue, that is residential in nature and effectively isolate No. 15 Fenton from the rest of the street.

 

3.         No parking study has been provided to justify the need for additional car parking for the club. Currently there is ample on-street and off-street parking provided in the immediate vicinity of the club.

 

4.         The proposal is inconsistent with the aims of the Randwick LEP 1998 in that it does not promote, protect and enhance the environmental qualities of Randwick.

 

5.         The proposed car park is located in within the vicinity of a 1 in 100 year flood level and could be subject to flooding and potentially put the public at risk.

 

6.         The proposed car park will obstruct an existing right of way that benefits Nos. 1 -15 Fenton Avenue,  39 – 45 McKeon Street, and 194 - 202 Marine Parade.

 

7.         The proposal does not satisfy the aims of the DCP for Maroubra Beach, in that the development will affect the amenity of the adjoining residential area and the use will be detrimental to character and appearance of the locality.

 

8.         The proposed development would establish an undesirable precedent and is not in the public interest.

 

ATTACHMENT/S:

 

1.  Confidential Legal advice from Bowen & Gerathy Solicitors - provided under separate cover.

2.  Director Planning & Community Development's Report 07/2003

3.  Development Application Report dated 29 January 2003

4.  A4 reduced plan 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

KERRY KYRIACOU

DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

MANAGER DEVELOPMENT ASSESSMENT

 

 

 

 

 


Director Planning & Community Development's Report 07/2003

 

 

SUBJECT:

11-13 Fenton Avenue, Maroubra

 

 

DATE:

13 February, 2003

FILE NO:

D/1105/02

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

INTRODUCTION:

 

Attached is the Development Assessment Report for the Development Application No. 1105/2002 to demolish existing  buildings, regrade land for use as a new car park for the Maroubra Seals Club for Councils consideration and determination.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

1.  Development Application Report dated 29 January 2003

2.  A4 reduced plan 

 

 

………………………………

………………………………

SIMA TRUUVERT

ROSIE DINNEN

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

29 January, 2003

FILE NO:

D/1105/02

 

PROPOSAL:

 Demolish existing buildings, regrade land for use as a new car park for the Maroubra Seals Club

PROPERTY:

 11-13 Fenton Avenue, MAROUBRA

WARD:

 Central Ward

APPLICANT:

 Maroubra Seals Club

 

 

 

 

 

 

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, Charles Matthews and Ted Seng.

 

The application was notified to adjoining and nearby property owners and five submissions were received objecting to the proposal.

 

The proposal does not satisfy the aims of the Randwick LEP 1998. The proposed car park would be detrimental to the amenity of local residents and adversely impact upon the streetscape of Fenton Avenue. No supporting evidence in terms of a parking study demonstrating the lack of local parking facilities was submitted with the application to justify the need for the proposed car park.

 

The proposed car park is located in an area that may be subject to flooding.  Council’s engineers have advised that the proposal will require significant amendments as all parking spaces must be raised a minimum of 150mm above the 1 in 100 year flood level and the carpark suspended on piers to allow stormwater infiltration.

 

The proposed car park will be constructed over a right of way and will potentially block passage of adjoining residencies through this area.

 

The application is recommended for refusal.

 

2.    THE PROPOSAL

 

The proposal involves the demolition of two residential flat buildings, Nos. 11& 13 Fenton Avenue, and the regrading of the land for use as a car park for the Maroubra Seals Club. It is intended that the proposed car park would connect with the existing car park that adjoins the site (located on the corner of Marine Parade and Mons Avenue) and would provide for 27 additional spaces. A one-way system would operate with cars entering the car park from Fenton Avenue and exiting onto Mons Avenue. It is proposed to remove the existing vehicular crossing to No.11 and the existing vehicular crossing in front of No. 13 Fenton Avenue would need to be realigned. The car park would be surfaced with bitumen; garden strips and lighting stands are proposed to the eastern and western boundary. The proposed hours of operation of the car park would be 9.30am until 3am.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Fenton Avenue and is occupied by two, 2 storey flat buildings.  No. 11 Fenton Avenue, is a freestanding brick building with a hipped roof, a driveway to the northern side leads to a rear yard area that is mostly concrete paved. No. 13 is brick built, with a parapet roof to the front of the property and an asymmetrical roof form to the rear. No. 13 Fenton Avenue is attached to the adjacent property No. 15. The rear of the site, eastern boundary, abuts the Maroubra Seals car park. To the east of the site is the commercial area of Maroubra Beach and directly to the south is the Ambulance Station with the Broadarrow and Arthur Byrne Reserves beyond. Fenton Avenue is predominantly characterised by residential flat buildings.

 

4.    SITE HISTORY

 

There is no relevant recent history relating to the two residential flat buildings. However, there have been recent applications relating to the adjacent Maroubra Seals Club car park:

 

DA 139/00       Modification of existing car park and

                         change of vehicular access location from

                         Marine Parade to Mons Avenue.                    Approved 23rd May 2000

 

DA 272/01       Modify and extend existing car park                Approved 1st June 2001

 

DA 272/01 A    Section 96 application for the deletion

                         of condition 7 and revised car park layout       Approved 13 March 2002

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

J Gabriel, C Kafka, Mrs Bushell, B Campbell – Units 1-4of 9 Fenton Avenue

·   Traffic noise & fumes

·   Hours of use are not clear

·   Noise from late night patrons leaving the club

·   Lighting & security issues

·   Loss of foliage and trees

·   Loss of residential nature of Fenton Avenue

 

V Schembri – 15 Fenton Avenue

·   Increased anti-social behaviour

·   Noise disturbance

·   Right of Way issues

·   Hours of use unclear

·   Sufficient car parking in vicinity

 

G Talbot – 7 Fenton Avenue

·   Noise & pollution from traffic

·   Proposed fencing adequate to provide security and isolation from the noise and lighting

·   Demolition of building will increase the exposure of the surrounding buildings to natural conditions

·   Right of Way issues

·   Proposal described as an interim measure, what are the long term intensions?

 

J Otormin – 3/7 Fenton Avenue

·   Increase in noise and pollution

·   Hours of use unclear

·   Decrease in property value

 

D Silove & J Curtis – 23 Chapman Avenue

·   Intrusion and degradation of a quiet residential street

·   Ample car parking in vicinity of Beach.

·    Noise and pollution concerns

 
Comment

 

The objectors have raised valid concerns regarding the potential impact of the proposed car park on the amenity of residents of Fenton Avenue. A car park, serving a late night social venue, is not a compatible use in a residential area, as the hours of operation conflict with the quiet nature of residential area late at night. Concerns have been raised by objectors in terms of the potential nuisance caused from patrons leaving the premises and the possibility of anti-social behaviour. Undoubtedly, there would be noise from patrons leaving the premises, noise and pollution from cars leaving the car park that would be unreasonable and disturb the peace and the amenity of the residents in the locality.

 

Reference is made to the abundance of car parking the vicinity of the Maroubra Seals Club, in particular on Mons Avenue and by Maroubra Beach. It seems unlikely that the number of patrons requiring car parking would regularly exceed the number of car parking spaces in the Maroubra Beach area to justify more car parking in the vicinity.

 

There is an existing right of way that crosses the eastern boundary of the site. No. 15 Fenton Avenue currently benefits from the use of the right of way. The construction of a car park over this right of way would not be acceptable because it will obstruct the passage right of  the adjacent property.

 

With regards to concerns raised about security, the Club intends to extend its existing CCTV system to include the proposed car parking area. The Club states in its letter that they work closely with the police on licensing matters and antisocial behaviour. Furthermore, the Club states that the light poles would be directed within the car parking area to avoid light pollution to the surrounding properties.

 

The proposed hours of operation of the car park is from 9am until 3am, closing when the premises ceases trading each night.

 

There is currently some vegetation to the frontage of No.11 Fenton Avenue. Two planter boxes included in the proposal, one to the Fenton Avenue frontage and the other to the rear of the site.

 

5.2  Support

 

No letters of support were received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Drainage Issues

 

The EPCD Department is advised that the subject development site is located in an area that may be subject to flooding A flood study commissioned by Council and undertaken by Willing and Partners has determined the 1 in 100 year flood level in the vicinity of the subject site to be at RL 6.35 (AHD).

 

The submitted plans show the proposed parking areas being generally below this 1 in 100 year flood level.

 

The EPCD Department recommends that prior to any form of development approval being issued, the applicant be requested to submit amended plans showing all parking spaces being raised to a minimum 150 mm above the 1 in 100 year flood level (i.e. to RL 6.5 (AHD)).

 

It is further noted that proposal must not adversely affect the flood levels and/or frequency of flooding in the area. This may involve suspending the carpark on piers and/or using permeable paving (or similar) to allow stormwater to infiltrate into the ground. The applicant is advised to contact Council’s Asset and Infrastructure Services Department regarding this matter (9399 0919) prior to submitting any amended details.

 

Construction over the right of way

Should consideration be given to approving the proposed carparking area, it is recommend that the EPCD Department obtain legal advice regarding construction over the right of way.

 

The AIS Department does not support the development proposal in its current form. It is recommended that the applicant be requested to submit amended plans addressing the flooding concerns detailed above, prior to any development consent being issued.

 

7.    MASTER PLANNING REQUIREMENTS

 

Not applicable.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

            -           DCP Parking

-           DCP for Maroubra Beach Commercial Precinct (subject site abuts the commercial precinct).

 

(a)   Randwick Local Environmental Plan 1998

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

 

8.1  Policy Controls

 

a.    Development Control Plan Parking

 

The minimum dimensions for a car parking space as specified in the DCP is 5.5 in length and 2.5m wide, the proposed car parking spaces satisfy this requirement. The proposed car park would be classified as medium term parking in terms of its duration of usage. The DCP requires an entry width of 6-9m for 27 car parking spaces. The proposed entry width from Fenton Avenue is only 3.6m and therefore does not satisfy the DCP requirement

 

b.    Development Control Plan Maroubra Beach Commercial Precinct

 

The subject site is not covered by this DCP but it directly abuts the area defined in the document as the commercial precinct. The main objectives of the DCP are to encourage development to be in harmony with the surrounding area, sympathetic to the street and to protect the amenity of adjoining residential area. It is considered that the proposed car park will undermine the objectives of the DCP as it will detrimentally affect the amenity of the adjoining residential area in terms of late night noise and disturbance. Moreover, the car park will be detrimental to character and appearance of the locality.

 

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  Suitability of the Site

 

In principle, the proposed demolition of the two residential flat buildings would be acceptable, as the properties are not heritage items nor are they within a conservation area or adjacent to any heritage listed properties. Therefore there is no overriding justification to retain the buildings. However, it is the proposed use of the site that is cause for concern. Whilst the Randwick LEP 1998 lists car parks as a permissible use that requires development consent in Residential 2C zones, it the responsibility of Council as the consent authority to consider the merits of any development proposal with regard to the aims of the LEP and the objectives of the 2C zone in the determination of a development application.

 

The purpose of the LEP is to establish development principles for the different zoned areas within the City of Randwick. It is intended to foster development that is appropriate and suitable to both the site and surrounding locality, protecting and enhancing the environment qualities of the city.  It is considered that the development of the two lots as a car park would not be a suitable use for the site, as it is incompatible with the surrounding residential use, in terms of intensity and hours of use. Moreover, the proposed development would be detrimental to character and visual appearance of Fenton Avenue. Therefore it is considered that the proposed development conflicts with the objectives of the LEP.

 

Moreover, the location of a car park in this site would impact upon the wider streetscape of Fenton Avenue, which is characterised by older residential flat buildings, creating a gap in the street’s form and effectively isolating no.15 from the rest of the properties in the street. Furthermore, no. 13 & no. 15 are attached dwellings and the demolition of no.13 would impact upon the integrity of No.15 and would leave the building exposed to natural elements.

 

Indeed, as argued by many of the objectors, there is an abundance of car parking in the vicinity of Maroubra Beach and the Seals Club. When the existing Seals car park adjacent to the club building is full, patrons can use the on-street space on Mons Avenue or use the parking spaces provided by the beach. Moreover, the majority of the Seals Club Patrons would frequent the premise in the evening, when there would be a higher vacancy rate for parking spaces at the beach. The justification for the additional parking, as stated in the letter from the Maroubra Seal dated 6th January, raises concerns that there will soon be parking meters in the vicinity, there are already 4 hour parking restrictions on some parking spaces and the rising popularity of the area due to the new expressway linking Maroubra with western Sydney. It is considered that these reasons for additional parking are not sufficient to warrant additional car parking in the area, given the abundance of existing car parking spaces within walking distance of the premises. Council requires a parking study to be submitted that indicates that consideration has been given to the adequacy of existing parking arrangement in the vicinity, including designated car parks and on-street parking availability, and evidence that other options have been fully explored e.g. possibility of providing underground car parking.

 

Finally, the Assets and Infrastructure department have evidence that the site is located in an area that may be subject to flooding, the 1 in 100 year flood level in the vicinity of the subject site to be at RL 6.35. The proposal would require significant amendments to address the flooding issues and is unacceptable in its current form.

 

10.  CONCLUSION

 

It is considered that the proposed car park would be detrimental to the character and appearance of Fenton Avenue and would adversely impact upon the amenity of the adjoining nearby residents. No evidence has been submitted with the application justifying the need for additional car parking facilities and proving that the existing car parking spaces in the Maroubra Beach area are not sufficient. It is therefore recommended that the application be refused.

 

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. 1105/2002 to Demolish existing buildings, regrade land for use as a new car park for the Maroubra Seals Club at 11- 13 Fenton Avenue, Maroubra for the following reasons:-

 

1.         The proposed use of the land as a car park would be incompatible with the residential nature of the surrounding area. In terms of its late night usage that could potentially cause noise and disturbance that is to the detriment of the amenity of the residents.

 

2.         The proposed car park at this location would be detrimental to character and visual appearance of Fenton Avenue, that is residential in nature and effectively isolate No. 15 Fenton from the rest of the street.

 

3.         No parking study has been provided to justify the need for additional car parking for the club. Currently there is ample off-street parking provided in the immediate vicinity of the club.

 

4.         The proposal is inconsistent with the aims of the Randwick LEP 1998 in that it does not promote, protect and enhance the environmental qualities of Randwick.

 

5.         The proposed car park is located in within the vicinity of a 1 in 100 year flood level and could potential be subject to flooding and potentially put the public at risk.

 

6.         The proposed car park will obstruct an existing right of way that benefits No. 15 Fenton Avenue.

 

7.         The proposal does not satisfy the aims of the DCP for Maroubra Beach, in that the development will affect the amenity of the adjoining residential area and the use will be detrimental to character and appearance of the locality.

 

8.         The proposed development would establish an undesirable precedent and is not in the public interest.

 

ATTACHMENT/S:

 

A4 reduced plan

 

………………………………

………………………………

SIMA TRUUVERT

ROSIE DINNEN

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

Director Planning & Community Development's Report 25/2003

 

 

SUBJECT:

Section 82A Review of Determination for extension of hours of operation of an existing restaurant at No. 10-12 Bream Street, Coogee.

 

 

DATE:

26 March, 2003

FILE NO:

D/0434/2002

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

1.         INTRODUCTION:

 

Council at its meeting on 23 March 2003 resolved in relation to the Section 82A Review of Determination for extension of hours of operation of the existing restaurant at No. 10-12 Bream Street, Coogee, that the matter be deferred until the Acoustics Report from the applicant has been assessed.

 

The applicant has provided further acoustic details in support of the acoustical assessment for the existing premises.

 

2.         ISSUES:

 

Conditions No. 9 and No. 10 of the existing consent for the subject premises requires an acoustic report to be prepared and submitted to Council certifying that noise from the plant and equipment (including the cool room motor), and noise generated from the footway dining and indoor dining patrons comply with the provisions of the Protection of the Environment Operations Act 1997 prior to the commencement of the extended hours of operations specified in Conditions No. 23 and No. 24.

 

As indicated in the report to the Ordinary Council meeting of 23 March 2003, the applicant has provided advice to Council from Steven Cooper Acoustics on 20 February 2003 to address the requirements of Conditions 9 and 10 but this advice was found to be inadequate in what it did not provide details of the measurements taken. The applicant has now provided additional details in support of the earlier advice, which Council’s Environmental Health Officer has assessed and found to satisfy the requirements of Condition 9 and 10. Accordingly, the applicant can now commence the extended hours of operations granted under the existing consent as contained in conditions No. 23 and 24 of this consent which read as follows:

 

            “23.     The hours of operation of the premises (excluding the footway dining and rear courtyard dining area) being restricted to 7.00am to 10.00pm Sunday to Thursday and 7.00am to 11.00pm Friday to Saturday.

 

24.     The hours of operation of the footpath dining area and rear courtyard dining areas being restricted to 7.00 am to 9.00 pm Sunday to Thursday and 7.00 am to 10.00pm Friday and Saturday.

 

In addition, all food services to customers shall only be provided within the abovementioned hours of operation and all patrons must vacate the area and all outdoor furniture is to be removed within 30 minutes of the specified hours.”

 

These extended hours of operation will be subject to a 12-month trial period during which the applicant has the opportunity to institute noise management practices and attenuation measures, and to demonstrate compliance with the extended hours. Council will also undertake assessments over the trial period to ensure that all conditions of consent are being complied with. 

 

3.         CONCLUSION:

 

The additional acoustic details provided by the applicant have been found to satisfy Condition 10 of the existing consent and the applicant may now commence the extended hours of operation contained in Conditions Nos. 23 and 24 of this consent.

 

4.         RECOMMENDATION:

 

THAT Council consider and determine the Section 82A Review in accordance with the recommendation contained in the report dated 10 March 2003 to the Ordinary Council meeting of the 25 March 2003.

 

ATTACHMENT/S:

 

1.   Report to Ordinary Council Meeting of 25 March 2003.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ENVIRONMENTAL PLANNER

 


 

Director Planning & Community Development's Report 17/2003

 

 

SUBJECT:

Section 82A Review of Determination for extension of hours of operation of an existing restaurant at No. 10-12 Bream Street, Coogee.

 

 

DATE:

10 March, 2003

FILE NO:

D/0434/2002

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Dominic Sullivan, Paul Tracey and John Procopiadis.

 

Consent to Development Application No. 02/00434/GF was granted by Council under delegated authority on the 2 September, 2002, for the extension of hours of operation, the utilisation of the rear courtyard for increased seating area, increase to footway dining to 10 patrons and alterations and additions to the café including new bi-fold doors to the shopfront.

 

The consent was granted subject to a trial period of 12 months for the extended trading hours as set out in Conditions Nos. 23 and 24, which read as follows:

 

            “23.     The hours of operation of the premises (excluding the footway dining and rear courtyard dining area) being restricted to 7.00am to 10.00pm Sunday to Thursday and 7.00am to 11.00pm Friday to Saturday.

 

24.     The hours of operation of the footpath dining area and rear courtyard dining areas being restricted to 7.00 am to 9.00 pm Sunday to Thursday and 7.00 am to 10.00pm Friday and Saturday.

 

In addition, all food services to customers shall only be provided within the abovementioned hours of operation and all patrons must vacate the area and all outdoor furniture is to be removed within 30 minutes of the specified hours.”

 

The extended hours of operation contained in Conditions Nos. 23 and 24 could only be taken-up after an acoustic report had been prepared and submitted to Council in accordance with Condition No. 10 of the same consent which reads as follows:

 

“10.   The applicant shall undertake all necessary measures and works to the premises to attenuate noise from the footway dining, indoor dining and courtyard dining area and associated plant/equipment to a level that complies with the provisions of the Protection of the Environment Operations Act 1997.

 

Following which, a report prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to extended hours of operation, certifying that the noise from the plant and equipment (including but not limited to, cool room motor), and noise generated from footway dining and indoor dining patrons will comply with the provisions of the Protection of the Environment Operations Act 1997.”

 

A Section 96 application was lodged on 24 October 2002 to modify Conditions Nos 23 and No. 24 to the following hours of operation:

 

            Internal Dining

            7 days – 11 pm (closure)

 

            Footway and Rear Courtyard

            Sunday to Thursday  - 10 pm (closure)

            Friday and Saturday  -  11 pm (closure)

 

The applicant has submitted an application seeking a review of the Section 96 determination of 14 January 2003 pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 (as amended).

 

The prevailing concern associated with the proposal is the detrimental impact on the amenity of residents in the immediate vicinity of the restaurant especially in relation to noise from the current unauthorised hours of operation of the restaurant, and the potential exacerbation of noise under the applicant’s proposed hours of operation.

 

It is recommended that Council’s original determination of the Section 96 application be confirmed and the approved hours remain. 

 

2.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Bream Street and part of a strip of mixed-use development comprising ground floor shops and first floor housing. The strip is located on the intersection of Carrington Road and Bream Street.

 

The subject premises comprise an existing restaurant business known as Chez Benny. The business currently provides seating both within the restaurant and on the footway. The first floor of the subject building contains a residential use.

 

 

 

The surrounding area is predominantly residential development. To the north of the subject site, on the opposite side of Bream Street, are residential uses comprising primarily dwelling houses, to the east are adjoining shops and residential uses comprising dwelling houses and residential flat buildings beyond, to the south are residential flat buildings, and to the west is a shop, a service station and the shopping strip fronting Carrington Road.

 

3.    SITE/APPLICATION HISTORY

 

Development applications previously determined for the subject site are as follows:

 

0114/1997       Change of use to deli-sandwich shop  Approved           14/04/97

0114/1997       S102 to install mechanical ventilation Approved 21/04/98

0071/2000       Change of hours and install 6 tables       Refused           27/03/00

0479/2000       Change of use                                       Approved        24/05/00

0614/2001       Refurbishment of existing café   Refused           18/07/01

 

The current hours of operation of the restaurant were approved under Development Consent No. 0479/2000 on 24 May 2000 and are as follows:

 

Sunday to Thursday      7.00 am to 9.00 pm

Friday and Saturday     7.00am to 10.00pm

 

Development application No. 434/2002,  seeking the extension of hours of operation, utilisation of the rear courtyard for increased seating area, increase in footway dining to 10 patrons and alterations and additions to the café including new bi-fold doors to the shopfront, was approved under delegated authority on 2 September 2002.

 

A Section 96 application was subsequently lodged on 25 October 2002 to modify conditions restricting the hours of operation (Conditions Nos 23 and 24) to those originally sought. Council refused this application on 14 January 2003 for the following reasons:

 

1.       The proposed modified operating hours will cause further adverse impacts on residential amenity since Council has received several complaints relating to noise and non-compliance with the approved hours of operation.

 

2.       The proposed extension of trading hours for the footway dining, rear courtyard and indoor dining areas is considered excessive and is likely to have a detrimental impact upon the amenity of the nearby residents.

 

3.       The proposed modified operating hours will set an undesirable precedent for future development in the locality.

 

4.       The proposed extension of operating hours is not considered to be in the public interest.

 

A request to review the Section 96 determination of Conditions Nos. 23 and 24 was subsequently received on 4 February 2003.

 

4.    STATUTORY REQUIREMENTS UNDER SECTION 82A:

 

Section 82A of the Environmental Planning and Assessment Act 1979, enables an applicant to request a review of a determination of a development application or condition/s of development consent. Council may review the determination and as a consequence of the review, may confirm or change the determination.

 

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

 

5.   COMMUNITY CONSULTATION:

 

Following the request for a determination review, the proposal was re-notified to surrounding property owners on 5 February 2003. In response to this notification the following submissions were received:

 

5.1 Objections

 

T. Largent, 3/18 Bream Street, Coogee

·    Current restaurant opening hours already affect amenity, extended hours would exacerbate this situation.

 

·    Sleep disturbed by noise from the current operations of the restaurant especially to objector’s children regularly awoken by the noise from the restaurant. Extended hours would exacerbate this situation.

 

·    Shortage of on-street car parking has been exacerbated since the restaurant opened.

 

·    Safety concerns from the number of illegally parked cars and use of the footpath for restaurant seating.

 

·    Restaurant already operates outside the permitted hours with the resultant noise and loss of parking causing stress to objector’s family.

 

P Lofts, 6/18 Bream Street, Coogee

·    Restaurant has not complied with the original development approval.

 

·    Sound levels which are required to be taken from the rear by an acoustic engineer have not been submitted.

 

·    There are a number of bedrooms located in proximity to the rear courtyard of the subject premises including the objector’s such that the objector is still disturbed by excessive noise from customers at the front of the restaurant let alone in the rear courtyard.

 

·    The restaurant operator is in constant breach of the current operating conditions including exceeding the defined footway dining area, exceeding the approved hours of operation, exceeds the number of allowable patrons, and excessive noise.

 

·    Reduced on-street carparking for local residents due to number of patrons visiting the restaurant.

 

·    Increase in vermin (rats) in backyard of objector’s residence.

 

·    Litter from the restaurant ends up in the front yard of objector’s residence.

 

M. and M. Empson, 5 Bream Street, Coogee

·    Patrons of the restaurant regularly park across the driveway to the objector’s property.

 

·    Noise from patrons leaving the restaurant is very disturbing.

 

·    Sleep often interrupted (especially of children) by noise from the restaurant and cars constantly coming and going.

 

·    Restaurant has constantly breached the approved hours of operation.

 

F. Milley, 262 Carrington Road, Coogee

§ Extension of trading hours will in practice reduce the available noise-free hours.

 

§ Restaurant will exacerbate the shortage of on-street carparking.

 

§ Pedestrian movement along the front footpath of the restaurant is constantly obstructed.

 

§ Patrons leaving the restaurant are noisy, will be exacerbated by the proposed extended hours of operation, and this is not conducive to family life.

 

§ The restaurant proprietor has openly defied Council’s rulings on operating hours.

 

K and I See, 8 Bream Street, Coogee

§ Adverse noise impacts from the restaurant onto the living area and bedroom of the objector’s property.

 

§ Noise may continue until 11.30 pm or later as patrons linger outside the restaurant.

 

A. and J. Berne, 3 Bream Street, Coogee

§ The operator of the restaurant has not adhered to the current hours of operation on numerous occasions.

 

§ Noisy patrons both leaving the café and sitting outside the café disturbs sleep at 11.00 pm.

 

§ Increase traffic and lack of sleep causing stress.

 

C and C. Tsiribas, 9 Bream Street, Coogee

§ Operator of the restaurant continually allows patrons to remain outside the footpath and inside the restaurant after the designated trading hours.

 

§ Noise from patrons dining and leaving and from cleaning-up disturbs sleep.

 

§ Noise is physically, mentally and emotionally affecting well-being of family.

 

N. and E Hill, 5/22 Bream Street, Coogee

§ Sleep interrupted on many occasions by noise from the restaurant and by patrons leaving so that extended hours would make this worse.

 

§ Restaurant will disregard any approved closing time.

 

§ Parking and traffic problem would increase.

 

M. and A. Wilkinson, 20 Bream Street, Coogee

§ Restaurant is currently operating outside the approved hours of operation.

 

§ Noise continually from patrons sitting outdoor past the 30 minutes allowed in condition No. 24 of the development consent and from patrons leaving.

 

§ Restaurant will disregard any approved closing time.

 

§ Lack of carparking exacerbated by the restaurant.

 

§ Personal amenity is badly affected by noise.

 

K & P Kirton, 7 Bream Street, Coogee

§ Creates unacceptable increase in noise and pressure on carparking.

 

§ The acoustic test (accompanying the DA) conducted on an evening not indicative of the noise generated by the restaurant.

 

§ Loudness of customers whilst dining and leaving the premises.

 

§ Business does not adhere to the approved hours of operation and outdoor seating.

 

§ Vehicles parked across objector’s driveway.

 

5.2 Support

 

One submission was received in support of the application:

 

J. Herald, 10/21 Bream Street, Coogee

 

§ Proposal will enhance streetscape.

 

6.     ENVIRONMENTAL ASSESSMENT

 

6.1   Reasons for review

 

As indicated on the Section 82A request form, the applicant has provided one reason for requesting the review, worded as follows:

 

“Need of this hour in order not to close down.”

 

6.2   Assessment

 

The economic benefit of having longer hours of operation is self-evident and the restaurant owner’s concerns in this regard are noted. However, a request to extend the hours of operation for economic gain should also give recognition to the amenity impacts arising from any extension to the hours of operation of the restaurant, and accordingly address these likely amenity impacts. The prevailing concern associated with the proposal is that of noise and its impact on the amenity of adjoining and surrounding residents. The applicant has offered no suggestions or means to address both the existing problem of noise from the current unauthorised hours of operation and the potential exacerbation of this problem under the proposed hours of operation.

 

Having regard to the applicant’s economic rationale for extended operating hours, the hours of operation contained in Condition No. 23 and No. 24 are considered to provide a reasonable compromise between the needs of the restaurant business and the environmental impact on the community subject to a one-year trial period (condition No.1) to monitor the noise levels/impacts generated by the development during which the applicant can apply for further approval to extend the consent. In fact, condition No. 24 provides for longer hours of operation for the rear courtyard (7.00am to 9.00 pm Sunday to Thursday and 7.00 am to 10.00 pm Friday and Saturday) than that originally sought (that is, last orders 8.30 pm and closure by 9.00pm). The one-year trial period presents the applicant with an opportunity to institute noise management practices and attenuation measures and demonstrate to the community that the extended hours of operation will not have a detrimental impact on the amenity of the locality.

 

The adverse impact of noise arising from unauthorised trading beyond the approved hours of operation is evident from:

 

·    resident submissions to the development application, the subsequent Section 96 application and the current Section 82A request. It is apparent from several submissions in the DA, Section 96 and Section 82A notification process that a persistent problem has been the breach in the approved hours of operation of the restaurant and the detrimental impact this has had on surrounding residents.

 

·    on-going complaints received and recorded by Council’s Regulatory and Environmental Health Officers regarding the restaurant’s non-compliances and attendant noise issues both before and after development consent 434/2002 was issued on 2 September 2002.

 

Accordingly, condition No. 10 of the development consent clearly required an acoustic report to be prepared and submitted to Council certifying that noise from the plant and equipment (including the cool room motor), and noise generated from the footway dining and indoor dining patrons comply with the provisions of the Protection of the Environment Operations Act 1997 prior to the take-up of the extended hours of operations specified in Conditions No. 23 and No. 24.

 

An acoustic report prepared by Gordon Downey was submitted by the applicant with the initial development application. The applicant contends that this acoustic report is adequate to demonstrate compliance with the Council’s acoustical criteria to allow the restaurant to operate to the extended hours of operations sought. In the assessment of the development application, Council’s Environmental Health and Building Services Department advised that the acoustical report did not provide adequate evidence to indicate that the noise generated by the premises would comply with Council’s noise criteria. In the subsequent Section 96 application, the applicant continued to rely on the same acoustic report submitted with the development application. Council’s Environmental Health and Building Services again advised that the acoustic report was deficient in that it did not address Council’s acoustic criteria as contained in the specific requirements of Condition No. 10 of the development consent.

 

On 20 February 2003, the applicant provided additional advice from Steven Cooper Acoustics in response to the requirements of Condition No. 10.  An assessment by Council’s Environmental Health Officer indicates that the advice given is still inadequate as no details have been provided to satisfy the requirements of condition No. 10. The business continues to operate under unauthorised hours of operation. Accordingly, the earlier assessment of the planning officer in relation to the Section 96 application, that the café’s continued trading beyond the approved hours of operation and the failure to provide evidence of noise attenuation measures and appropriate acoustic certification indicates a disregard to “fitting in” with the immediate locality and the noise impacts on the amenity of surrounding residents, is upheld.

 

If the Section 82A request is supported, it would effectively sanction a use that would be likely to have a further detrimental impact upon the amenity of nearby residents as well as breach a condition of consent (that is Condition No. 10) that was intended precisely to determine the acoustical impact of the development prior to any extension in hours of operation. As such, it would be inappropriate to support the Section 82A request in the absence of an acoustical report demonstrating compliance with the requirements of condition No. 10 and in the absence of results from a 12-months trial-period for the extended hours of operation recommended in Conditions Nos. 23 and 24. 

 

The restrictions applied collectively under conditions Nos. 1, 10, 23 and 24, of the consent are imposed on the proposed development to ensure the amenity of surrounding residents. These restrictions, on what is essentially an existing non-conforming use in a residential zone which is already detrimentally affected by noise from the existing operation, are reasonable and appropriate.

 

In relation to concerns raised in resident submissions regarding increased traffic and parking shortage as a result of extended hours of operation, this Section82A assessment supports the original DA and Section 96 assessment that the proposed extension in the hours of operation would have minimal impact on traffic and parking in the locality.

 

6.    CONCLUSION

 

This application has been reviewed taking into account the applicant’s reason for requesting the review. Given the matters addressed in this report, conditions Nos. 1, 10, 23 and 24 of development consent of 2 September 2002 should be confirmed.

 

RECOMMENDATIONS

 

A.    THAT the determination of the Section 96 application to modify Development Consent No. 0434/2002 dated 14 January 2003, for 10-12 Bream Street, Coogee, be confirmed.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ENVIRONMENTAL PLANNER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

20 March, 2003

FILE NO:

D/1201/2002

 

PROPOSAL:

 Section 82 A review of determination of Development Application No 1201/2002 which refused the erection of a new carport to the front of the dwelling

PROPERTY:

 21 Inglethorpe Avenue, Kensington

WARD:

 West Ward

APPLICANT:

 M. Sanders

 

 

 

 

 

 

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 John Procopiadis, Peter Schick and Dominic Sullivan.

 

The main issue identified in the assessment of the proposal relates to the location of the carport within the front building line.

 

It is recommended that Council change the determination and approved the proposed carport subject to conditions.

 

2.    THE PROPOSAL

 

The application details the erection of a new brick and tile roof carport within the front setback of the premises. The carport is to be sited 1500mm from the front boundary and sited up to the southern side boundary.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The locality is residential in nature and contains predominantly free standing single or two storey dwelling houses. The subject site is on the eastern side of Inglethorpe Avenue, and adjoins a corner allotment containing a two storey residential flat building which has it’s rear garages fronting to Inglethorpe Avenue. There are currently two carports that are constructed forward of the building line along the street, these being at No 2 & 5 Inglethorpe Avenue.

 

There are no examples of similar development at the immediate vicinity of the subject property, which provide carport in front of the building line. Properties across the road from the subject site have car parking spaces incorporated in the design of the dwelling houses.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

DA 1201/2002          New carport to the front of the dwelling – refused 30/01/2003

 

5.    COMMUNITY CONSULTATION:

 

The owners of adjoining and nearby properties were notified of the original development application on the 8th January 2003 and no submissions were received.

 

No notification letters were sent out regarding the current request to review the determination.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the Director of Asset and Infrastructure for comment, and conditions have been provided for inclusion with any consent granted.

 

7.    MASTER PLANNING REQUIREMENTS

 

No master plan required.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

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

 

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

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

 

8.1  Policy Controls

 

Development Control Plan – Dwelling Houses 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. Where vehicular access is available from the rear of the allotment, access and parking is located behind the building.

 

The proposed dimensions of the carport are 3.5 m x 6.0 m. This dimension will satisfy the relevant dimensions for a car space under the DCP- Parking. The width of the proposed carport being 3.5m (29%) also satisfies the 35% width of the site requirement.

 

Council has recently passed an amendment to the Development Control Plan (DCP) in relation to Dwelling Houses and Attached Dual Occupancies. The amendment deleted Performance Requirement (Clause 4.7.2. P2) which reads;

 

“ P2          -  Not breach the predominant building alignment
      -  Not become an undesirable precedent”.

 

In addition, the following note has been included in the DCP:

 

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

 

Although the proposed development is for a carport, which is not the most preferred option under the current performance requirement, the proposal is considered acceptable as it would not dominate or detract from the appearance of the existing development and the local streetscape. The proposed carport will be sited up to the southern side boundary of the site and setback from Inglethorpe Avenue so that it is adjacent and in line with the garages of the adjoining residential flat building. The potential of the proposed development to detract from the appearance of the dwelling and the streetscape is reduced due to the hidden nature of the carport. It is considered that the proposed carport will not significantly detract from the setting of the existing dwelling or obstruct views to the dwelling, as it is adequately seperated from the dwelling house.

 

It is considered that the proposed carport is consistent in design and compatible with the materials and finishes of the existing dwelling. Given that car parking cannot be accessed from the rear of the site or located behind the building line, the existing presence of the garages on the adjoining site and the merit of this application, it is considered that the proposed carportmeets the performance requirement of the DCP. 

 

9.    ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C and 82 A of the Environmental Planning and Assessment Act 1979, as amended and the following issues warrant comment.

 

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

 

“1.         The proposed new carport is to be constructed against an unsightly, garage structure belonging to the adjacent block of units. The front of the proposed carport is designed to align with the front of the existing garage structure, thus ensuring maintenance of the streetscape existing building line. To refuse the application on the basis of appearance seems extremely subjective, given that it is arguable that the construction of a new structure, that is architecturally designed to match the existing house, will actually improve the appearance of the dwelling and the appearance of the streetscape.

 

2.         This case is a unique case and deserves a unique assessment.

 

3.         There is no other option for provision of undercover, off- street parking as there is no rear lane access and the clearance from the existing house to the boundary is insufficient to allow for car access.

 

4.         There are currently two carports in Inglethorpe Avenue that are constructed at the front of the existing dwelling.”

 

This application has been reviewed taking into account the applicants reasons for requesting the review, the merit of the application and the relevant planning instruments. The proposal generally satisfies the Objectives and Performance Requirements of DCP- Dwelling Houses and Attached Dual Occupancies. The proposed works will not be out of character with the existing streetscape and will not impact upon the amenity of the adjoining premises or character of the locality.

 

10.  CONCLUSION

 

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

 

RECOMMENDATION:

 

A.        THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.1201/2002 for permission to erect a new carport to the front of the existing dwelling house at No.21 Inglethorpe Street, Kensington subject to the following conditions: -

 

1.         The development must be implemented substantially in accordance with the plan numbered DWG No: 64/02 dated 5/12/02 and received by Council on 20 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 colours, materials and finishes of the external surfaces for the proposed carport are to be compatible with the existing development to maintain the integrity and amenity of the building and the streetscape.

 

3.         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.

 

4.         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.

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

6.         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.

 

7.         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.

 

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

 

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

 

10.       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.

 

11.       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.

 

12.       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.

 

13.       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.

 

14.       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.

 

15.       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.

 

16.       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.

 

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 Configuration

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

IDALY YAP

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

25 March, 2003

FILE NO:

D/0047/2003

 

PROPOSAL:

 Enclosure of existing balconies to dwelling units 1 and 2.

PROPERTY:

 5-7 Ascot Street, Kensington

WARD:

 West Ward

APPLICANT:

 Proprietors of SP 8955

 

 

 

 

 

 

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 John Procopiadis, Peter Schick, and Dominic Sullivan.

 

The estimated cost of the development is $10,000.

 

The proposal is inconsistent with objective (d) of the 3B zoning of the Randwick LEP 1998 relating to the preservation of adjoining and nearby residential amenity. The proposal fails to demonstrate compliance with relevant performance criteria in the Kensington Town Centre DCP and Multi-Unit Housing DCP, principally those relating to façade composition and articulation.

 

The proposal will involve a piece-meal infill of enclosures to an existing building resulting in the use of inconsistent materials and design to that of the existing building and disruption to the builtform of the building, which currently presents as a consistent and symmetrical entity utilising extensive open balconies to articulate the building. Whilst there is some basis for concerns raised by the applicants regarding noise and odours from the adjoining restaurant in the Kensington RSL Club, these concerns do not justify the installation of the proposed enclosures in such a haphazard manner.

 

The recommendation is for refusal.

 

2.         THE PROPOSAL

 

The proposal is for the enclosure of balconies to dwelling units 1 and 2 of an existing residential flat building. The existing balconies are corner balconies (located on the first floor level of an existing four-storey residential flat building) which wrap-around from east to south and east to north for units 1 and 2 respectively. The balconies are linked to living and dining rooms of each unit.

 

The proposed enclosure will comprise new powder coated aluminium framed clear glass windows with a 500mm deep FC awning above and will be openable with sliding glass windows. Each enclosure will run along the whole length of the relevant existing wrap-around balcony and will measure 7.2m on the eastern front and 6m on the southern and northern front of the respective units. The enclosures will be installed between the existing balustrade wall and concrete ceiling above each balcony and will measure 1.55m in high. They will also have depths of 1m on the eastern front and 1.58 m on the northern and southern front. The proposal will result in an increase in floor area amounting to approximately 18m2.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Ascot Street in close proximity to the intersection of Anzac Parade and Ascot Street. To the east of the subject site is an open carpark linked to a restaurant within the Kensington RSL Memorial Club and beyond the carpark is an open space comprising Kokoda Park. To the south on the opposite side of Ascot Street are predominantly dwelling house developments interrupted by a single 3 storey residential flat building development at No. 14 Ascot Street. To the west is a two-storey commercial building used as a car repair workshop with an open yard at the rear currently used as a truck parking area. To the north is a single storey detached brick and tile dwelling house fronting Goodwood Street. 

 

The site contains an existing residential flat building with associated ground level car parking and regularly spaced balconies generally oriented north-east and south-east attached to evenly sized dwelling units oriented towards the adjacent Kokoda Park. Whilst the material and articulation of the existing building comprises a typical 1970s pale rough-cast brick exterior, the overall building envelope presents as a consistent built form with a recognisable architectural symmetry.

 

The existing development is highly visible from Ascot Street looking west as it is located adjacent to Kokoda Park, which provides an open vista to the subject property from the street. The existing property is also visible looking east from Anzac Parade as it has an open car parking area immediately to the west of the subject site.

 

4.         SITE HISTORY

 

The subject site has the following relevant history:

 

DA No 236/73 Erect 3 storey Residential Flat Building Approved 18/9/1973

 

5.         COMMUNITY CONSULTATION:

 

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

 

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/Health Comments:

 

No building or health objections are raised to the application.

 

6.2       Engineering Comments:

 

No landscaping objections are raised to the application.

 

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 3B under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council's consent.

 

8.         POLICY CONTROLS

 

8.1       Kensington Town Centre Development Control Plan 2002

 

The Kensington Town Centre DCP adopted on 22 January 2003 primarily contains building envelope and design controls for new developments, particularly involving whole scale development of amalgamated sites, in the Kensington Town Centre. As such, whilst the subject site lies within the Kensington Town Centre as identified in the Randwick LEP 1998 (Amendment No. 27), the building envelope provisions of the DCP do not strictly apply to the proposed development. However, the design controls of the DCP can be applied as performance criteria for the proposal especially in relation to Section 4.6 of the DCP relating to façade composition and articulation. In particular the following performance criteria taken from Section 4.6 of the DCP should be noted in assessing the design of the proposed development:

 

§ Compose façade with an emphasis on vertical elements.

 

§ Ensure that the composition of a building façade or a series of facades forms a rhythm that complements and is harmonious with the streetscape.

 

It should be noted that the subject site forms part of Block 2 under Section 4.3 Block by Block Controls of the DCP. The subject site will have a building envelope of maximum 5 storeys with a podium section of maximum 3 storey setback 4m, and an overall building depth of 20m, from the boundary to Ascot Street. Block 2 in general is bounded by Ascot Street, Anzac Parade, Kokoda Park and Goodwood Road with building envelopes of 4 to 6 storeys arranged around the perimeter of the block and an open space designed in the centre.

 

8.2       Development Control Plan – Multi-unit Housing

 

The DCP – Multi-unit Housing applies to all land zoned Residential 2B and 2C. As such, the DCP does apply to the proposed development given its location in a 3B zone. However, as the proposal involves an existing residential flat building, the provisions of the DCP can be applied as a guide especially in relation to Section 4.1.3 of the DCP which states as follows:

 

“The piecemeal enclosure of balconies on buildings, in particular where a precedent on existing buildings does not exist, is strongly discouraged.”

 

The DCP also has as an objective the provision of useful areas of private open space for outdoor living and recreation to serve the needs of residents and enhance their quality of life.

 

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       Statutory and Policy Controls

 

The proposal is inconsistent with objective (d) of the Local Business 3B zone of the Randwick LEP 1998 which aims “to minimise the impact of development on adjoining and nearby residential zones” in that the proposal would detrimentally affect the visual amenity of adjoining and nearby residential properties through the introduction of an incompatible material and incongruous built element.

 

The proposal will be inconsistent with the following relevant performance criteria of the Kensington Town Centre DCP relating to façade composition and articulation:

 

§ Compose façade with an emphasis on vertical elements.

 

The proposed enclosed balconies will all be articulated horizontally in line with the form of the balconies which wrap-around the south-eastern and north-eastern corners of the building. In doing so, the proposal will accentuate the visual bulk and scale of the building.

 

§ Ensure that the composition of a building façade or a series of facades forms a rhythm that complements, and is harmonious with, the streetscape.

 

The proposal will disrupt the articulation of the existing residential flat building which, whilst in itself not an outstanding example of architectural design, has a reasonable degree of symmetry of form in the context in the streetscape.

 

As noted above, the subject site forms part of Block 2 under Section 4.3 Block by Block Controls of the DCP, which is a block bounded by Ascot Street, Anzac Parade, Kokoda Park and Goodwood Road with building envelopes of 4 to 6 storeys arranged around the perimeter of the block and an open space designed in the centre. As such, should the existing strata property on the site remain, the building will be highly visible from new residential developments that might be developed within the block under the provisions of the DCP.

 

The proposal will also be inconsistent with the provisions of the DCP - Multi-unit housing Part 4.1 Landscaping and Private Open Space which specifically discourages the piecemeal enclosure of balconies on buildings especially where a precedent on existing buildings does not exist. No precedent for enclosed balconies exists in the building and the proposal involves a piece-meal alteration to the façade of the building that will be incompatible with the material and texture, and incongruent with the articulation, of the existing building. As such, the proposal is not consistent with the provisions of the DCP.

 

The applicant advises that the floor area of the existing building would increase from 0.9:1 to 1:1 as a result of the change in the existing balcony area to habitable floor area. The increase in floor area is minor and insignificant in relation to the building envelopes achievable for the site under the Kensington Town Centre DCP and, in any case, FSR controls are no longer applicable in the Kensington Town Centre area under Amendment No. 27 to the Randwick LEP 1998.

 

9.2       Proposed Design in relation to Existing Building and Natural Environment

 

The proposal will essentially comprise an enclosure made up of a series of glass panels with aluminium frames and an awning made of fibrous cement, materials that do not match the existing rough-cast brick wall of the existing building. The enclosure will also constitute an incongruous element in the overall design of the building and the possibility of other dwelling units installing similar enclosures on a piece-meal basis is not considered acceptable. The proposal will be visible from the street level on Ascot Street and Anzac Parade, from surrounding residential properties to the north and south, and potentially from future multi-unit housing developments that may occur within Block 2 of the Kensington Town Centre area in the future.

 

Council, through the provisions of the Kensington Town Centre DCP, and the DCP – Multi-unit Housing seeks to encourage the design of commercial and residential developments which are in harmony and scale with surrounding development and which preserve and enhance the visual amenity and character of the locality and neighbouring residential areas. The appearance of individual buildings and the visual quality of a locality can be significantly diminished through the piece-meal effects of additions particularly when they occur haphazardly rather than from a comprehensive design for the whole building.  It is considered that the proposed addition would lead to an inconsistency in design and  compromise the architectural integrity of the building.  The piece-meal effect of similar additions in such an ad hoc manner could only be to the detriment of the visual amenity of the locality. 

 

In summary, the introduction of the proposed patio cover and enclosure will be unacceptable in terms of design for the following reason:

 

·    It will introduce a long horizontal element in a piece-meal fashion that will weaken vertical elements in the existing development and add to the visual bulk and scale of the building when viewed from the Ascot Street and Anzac Parade.

 

·    It will adversely alter the architectural symmetry of the building.

 

·    It will disrupt the consistency of the existing building, which has an overall neat physical delineation between private open space in the form of unenclosed balconies and internal habitable spaces.

 

·    It will result in a predominantly reflective surface that will be incompatible with the external material, colour and texture of the existing building.

 

·    The existing development is located on a prominently facing Kokoda Park and will be visible from Ascot Street and Anzac Parade such that it would detract from the existing character of the streetscape.

 

·    It will create an undesirable precedence leading potentially to a mishmash of enclosures over existing balconies to the units on the second and third levels, which will result in a cluttered and unsightly presentation to Ascot Street and Anzac Parade.

 

9.3       Physical relationship to and impact upon adjoining development

 

The proposal is not expected to give rise to any detrimental overshadowing, loss of privacy and loss of views on adjoining properties.

 

The applicants have lately raised concerns regarding the impact of odours and noise from the adjoining restaurant in the Kensington RSL Club, although no mention was made in the initial submission of the development application. Whilst there is some basis for these concerns given the proximity of the restaurant, the use of openable enclosures to address these amenity impacts is not warranted as the sliding window panels on the proposed enclosures will provide the same protective function as the existing glass sliding doors to the existing balconies (that is, both existing doors and proposed windows will need to be closed to block out noise and odour, and opened to gain fresh air).

 

10.        CONCLUSION

 

The proposal does not accord with objective (d) of the 3B zoning of the Randwick LEP 1998 relating to adjoining and nearby residential amenity. The proposal also does not satisfy the objectives of the Randwick LEP 1998 and relevant design controls of the Kensington Town Centre DCP and the DCP – Multi-unit Housing in respect of urban design and visual amenity of the locality.

 

The proposal will also introduce an undesirable design element in the streetscape, which will detract from the existing character of the building and streetscape and create an undesirable precedent.

 

The recommendation is for refusal of the application.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 427/2003 for enclosure of balconies to dwelling units 1 and 2 of an existing residential flat building at 5-7 Ascot Street, Kensington for the following reasons:-

 

1.         The proposed development does not satisfy objective (d) of the 3B General Business zone contained in Clause 13 of Randwick Local Environmental Plan 1998, which seeks to minimise the impact of development on adjoining and nearby residential zones.

 

2.         The proposal does not achieve the performance requirements of the Kensington Town Centre DCP in relation to ensuring appropriate facade composition and emphasis on vertical elements, façade forms that complement and are harmonious with the streetscape, and large expanses of glass are avoided.

 

3.         The proposal is not consistent with Development Control Plan- Multi-unit housing Part 4.1 Landscaping and Private Open Space in that the proposed development results in the piecemeal enclosure of balconies on buildings, in particular where a precedent on the existing building does not exist.

 

4.         The proposal will disrupt and conflict with the vertical character of the existing development.

 

5.         The proposal will have an external treatment that will be incompatible with the external material, colour and texture of the existing building.

 

6.         The proposal will result in a reduction in the quality of the built form of the development by adversely altering the symmetry of the building, consistency in balcony design and uniform building finishes.

 

7.         In the circumstances of the case, the proposal will create an undesirable precedence in that it will encourage the proliferation of similar piecemeal alterations and additions to balconies of existing residential flat buildings, thereby detracting from the aesthetic appearance of these buildings and compromising their architectural integrity.

 

 

ATTACHMENT/S:

 

1.  A4 Attachments

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ENVIRONMENTAL PLANNER

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

25 March, 2003

FILE NO:

02/01015/GE

 

PROPOSAL:

 Removal of vegetation on site and construction of a three-storey multi purpose centre containing a ground floor car park, 545sqm of letable floor space on the first floor and a Seafarers Centre/Social Club and Worship Centre on the second floor.

PROPERTY:

 30-32 McCauley Street, Matraville

WARD:

 South Ward

APPLICANT:

 Paynter Dixon Construction Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as the proposed development is valued at $2.7 million.

 

The proposal is for the erection of a three storey building containing a ground floor carpark with 30 carparking spaces and two spaces for mini buses, letable floor space on the first floor (any proposed use will be the subject of a separate development application) and a seafarers club on the second floor which contains a licensed bar, karaoke area, kitchen, shop, offices, toilets, showers and a spa as well as a worshipping area and chapel for a variety of denominations. The club aims to serve the leisure needs of crewmembers from ships which are stationed at Port Botany for loading and unloading. The site is currently vacant and is located on the corner of McCauley Street and Raymond Avenue, opposite the paper mill site and within four hundred metres of the Port Botany bulk freight terminal.

 

This assessment reveals the proposal is permissible within the subject 4A Industrial zoning, is consistent with the Port Botany Landuse Safety Study, will be built clear of the area affected by Acid Sulfate Soils, complies with the floor space ratio requirement under the LEP but is not consistent with the Development Control Plan - Parking by under providing for the club use. However, the proposed development overall - including the car park - satisfactorily meets Council requirements and will not create adverse amenity impacts on the area.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

It is proposed to remove all vegetation from the site and construct a three-storey multi purpose building. The building has a proposed gross floor area of 1,177m2, which is contained on the first and second floors and is sited over a ground floor car park.

 

The proposed ground floor car park contains 30 car parking spaces (including 1 disabled space and 1 space for employee parking), two mini bus parking bays, a delivery area, garbage room, store room and plant room. Vehicle access to the site is proposed at McCauley Street and Raymond Avenue. The car park circulation is in a one-way direction with an entry only off McCauley Street and an exit only to Raymond Avenue. The vehicular ingress/egress points to the car park are sited 20 to 30m from the intersection of Raymond and McCauley Streets to minimise vehicular conflict.  A driveway accessing the garbage area is located close to the southwestern boundary of the site on McCauley Street. Equitable access is provided via a ramp connecting the lift lobby area to an access car parking space located nearby. A total of 252m2 of landscaped area is provided between the car park and the property boundary alignment at both Raymond Avenue and McCauley Street.

 

The proposed first floor contains an area of 545m2 of letable space. The use of this space is to be the subject of a separate development application. This floor is proposed to contain male, female and access toilets, a tearoom and lift access.

 

It is proposed to use the second floor for the purpose of a licensed social club for seamen in association with a chapel and space for multi-denominational worship. The proposed club has a total floor area of 256m2 and the worship area is approximately 111m2. The proposed club contains a bar, a karaoke area, a recreation area, an open balcony facing Raymond Avenue, a kitchen, shop, bar store, sauna, shower, male, female and access toilets, offices and store areas, lift access, a lounge and staff rooms. The proposed worship area contains a chapel and worshipping areas for seamen of a variety of religious denominations. Two small balconies proposed for two of the worshipping areas face McCauley Street

 

The proposed club is intended as a low key social and recreation facility for seamen when they are in port. It is proposed to operate a shuttle service between the club and the shipping facilities located at Port Botany nearby to collect, deliver and return seamen between their ships and the facility. The availability of the proposed centres’ services will be tied in with the arrival, docking, loading/unloading and departure of ships. The hours of operation of the premises are proposed to be 10.00am to 12 midnight seven days a week. It is proposed to employ 3 full time and 2 casual staff for the club facilities and up to 6 people for the worship facilities. The centre is proposed to be available for seaman from abroad and seamen living locally as well as people living and working in the area. Trips to the club by private vehicle will be limited to staff and the occasional local resident seamen members. It is projected that the maximum attendance at the premises at any one time will be in the order of 40 people with the average being approximately 13 people. The club intends to offer food and beverage, worship, assistance with national communications, provision for receiving ships mail, sale of limited personal items and toiletries, souvenirs, indoor sport and entertainment (karaoke), transport to medical services, hospital visits and assistance in locating relatives. From time to time it is proposed to use the club for functions outside of times used by members (eg business lunch functions).

 

Business identification signage is proposed for the exterior of the building.

           

3.    THE SUBJECT SITE AND SURROUNDING AREA

 

The subject site is located on the southwestern corner of the intersection of McCauley Street and Raymond Avenue, Matraville. The site is comprised of two lots – known as No.30 and No. 32 McCauley Street. The site has a regular rectangular shape with a frontage to McCauley Street of 42.7m, a frontage to Raymond Avenue of 33.5m and a total area of 1,429m2. The site is currently vacant and is predominantly flat, sandy and is covered in vegetation including a large pine tree located centrally on the site. A sewer line runs through the site close to the property boundary at McCauley Street and Raymond Avenue.

 

Adjoining the site to the south is a two-storey concrete panel building used for warehouse and office purposes and to the west of the site is a two-storey concrete panel building used for warehousing purposes. To the south of the site across McCauley Street is the extensive Australian Paper Mill Limited site and to the east of the site across Raymond Avenue lies a two storey brick building used for engineering purposes. On street car parking is available on McCauley Street to the south of the site on both sides with a noticeably large on street parking area fronting the paper mill.

 

The predominant land use in the area is low scale industrial in the form of warehousing, manufacturing, engineering and associated office space. Residential development is located 150m away from the site to the northeast along McCauley Street. The Port Botany bulk freight terminal is located within four hundred metres of the site at the end of McCauley Street to the southwest.

 

4.    SITE HISTORY

 

A previous development application, 99/00844/GJ, applies to the site. The proposal was for the erection and use of a warehouse/workshop for a harbour pilot service facility.

 

The application was approved subject to conditions under delegated authority on 25 October 1999. This consent has never been activated and the site remains vacant.

 

5.    COMMUNITY CONSULTATION:

 

The development application was notified in accordance with the Local Environmental Plan 1998 and no submissions were received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Building and Construction Issues

 

Under the Building code of Australia, the classification of the proposed building is:

 

Class 7a – Ground Floor Car Park.

Class 5, 6 or 7b – First floor warehouse or business use

Class 9b – Second Floor Club/Place of Public Worship

 

No objections in relation to building, health and construction matters are raised subject to conditions should approval be granted.

 

6.2  Landscape Issues

 

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

a)   One Cupressus species (Pencil Pine) located within the site. This tree is approximately 7 metres tall and in good health. This tree is a semi mature specimen and not a significant specimen. As such permission should be granted for the removal of this tree, subject to the planting of one replacement tree within the site.

 

b)   One Pinus species (Pine Tree) located within the site. This tree is approximately 12-15 metres tall with a broad canopy of 8-10 metres diameter. The tree is a multi-trunked specimen, towards the end of it’s safe useful life expectancy, with a significant amount of dead wood throughout the canopy. Permission should be granted for the removal of this tree subject to the planting of one very large replacement tree within the site.

 

6.3  Drainage Issues

 

On site stormwater detention is not required for this development.

 

Due to a possible overland flowpath located within McCauley Street & Raymond Avenue all habitable floor levels for the proposed development are to be at a minimum RL of 7.15 A.H.D. (the proposed garbage room is to be at RL 7.00 A.H.D)

 

All sump pits in the basement car park are to be pumped to a silt arrestor pit located within the site adjacent to the property boundary before gravity feeding to Council’s kerb in McCauley St.

 

6.4  Traffic/Parking Issues

 

The proposed development was referred to the Traffic Engineer who made the following comments:

 

The proposal involves the erection of a building on vacant land at the McCauley Street/Raymond Avenue intersection for a United Seafarers Centre comprising of a social club, place of worship and letable space. 

 

            Parking Requirement

            Proposed Development

            1st floor letable space  545m2/40 = 13.6 spaces

            Second Floor                           Club Area 270m2/6 = 45 spaces

                                                            Staff parking 3/3 = 1 space

                                                            Place of Worship 111/20=5.6

 

            The accompanying report states:

 

The club facility is intended as a low key social and recreational facility for seamen when they are in port. It is intended to be licensed to enable the service of alcohol. The club will operate by a shuttle bus service to port facilities to collect, deliver and return seaman between their ships and the facility. The availability of the centres services will be promoted in arriving ships. It is not proposed that the club be open for any wider membership apart from seaman resident in the area. Attendance by visitors is likely to be concentrated by on people working or living in the area, and should involve predominantly. On this basis trips to the club by private vehicle will be limited to staff, and the occasional local resident seaman member. It is projected that the maximum attendance at the premises at any one time will be in the order of 40 people. In quiet times attendance will vary from 0-6 people with 13 as a likely average.

It is possible that the facilities of the club from time to time, outside of periods of use by members (eg business lunch functions). This possibility has been taken into account in the proposed parking provision, and it is requested that it not be precluded by terms of the consent.

 

A disabled parking space has been provided and 2 spaces for minibus parking. A further delivery space is also indicated on the plan.

 

In order to comply with Council’s Parking Code, a total of 65 parking spaces are required. The development proposes a total of 32 spaces. This is considerably under the requirements and although the report suggests that the parking requirement will be lower as a result of restrictions to membership, the number of people visiting the club as non-members cannot be restricted and will generate significant parking demands.

 

It is recommended that the proposed development be not supported due to a significant shortfall in the proposed off street parking component for the club.

 

6.5 Waste Management Issues

 

The proposed development involves three uses that will require ongoing waste management provisions, being a social club, place of worship and letable space.

 

The Statement of Environmental Effects accompanying the application prepared by Mike George Planning Pty Ltd and dated October 2002 states:

 

The proposed use of this part of the premises [place of worship] is unlikely to involve any significant waste generation. Total waste including kitchen and garden waste is likely to be in the order of 1.5m3/week. Waste will be stored in a garbage room accessed from McCauley Street, for collection by contractor weekly. Construction waste will be sorted into separate containers for removal by a contractor.

 

In determining garbage and recycling storage capacity consideration needs be given to the potential waste generated through use of the letable space. The proposed waste area and methods of removal are considered satisfactory subject to conditions.

 

7    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

-     Department of Land and Water Conservation, Acid Sulfate Soils.

 

7.1  Randwick Local Environmental Plan 1998

 

The site is zoned 4A Industrial under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent and is consistent with several objectives of the zone. The following Clauses of the LEP 1998 apply to the proposal:-

 

Industrial

Clause No.

Requirement

Proposed

Compliance

32 – FSR

1:1

0.82:1

Complies

36 (1) – Additional Development in Industrial Zones

 

 

 

Business premises permissible subject to Council being satisfied that:

 

* proposal is a type appropriate for an industrial zone,

* no available land for proposed use in business centre,

* proposal is intended to serve the daily needs of the workforce in the industrial area

The particular use is unknown at present, any proposed use will be subject to a separate development application.

Subject to future assessment.


36 (4) Port Botany Landuse Safety Study 1996

 

Council must give consideration to this document in the assessment of the application

The proposed club and business premises does not pose a threat or safety risk to the area

Yes, the proposed development does not pose a safety risk to the area as the use does not involve volatile chemicals, dangerous machinery or equipment, handling of fuel or other uses which may pose as a potential safety threat.

40 – Excavation and filling of land

Excavation of land permissible subject to consideration by Council of:

 

* the likely disruption of, or detrimental effect on, existing drainage patterns and soil stability in the locality

 

* the effect of the proposed works on the likely future use or redevelopment of the land

 

 

 

It is proposed to remove vegetation and level the land to make the site suitable for development

 

 

The proposed works facilitate development of the land

Yes.  Conditions are to be imposed to ensure that there is no disruption to drainage patterns and soil stability in the area.

 

7.2     Acid Sulfate Soils

 

          The subject site is located in an area affected by acid sulphate soils which contain iron sulphides that, when exposed to air (after drainage or excavation), rapidly form sulphuric acid. The acid can cause serious environmental damage as well as serious damage to steel and concrete structures.

 

          Acid Sulfate Soil (ASS) management plans are required outlining mitigation strategies/works for certain developments in certain areas.

 

          The subject site is located in a Class 4 area where an ASS management plan is required for works beyond 2m below natural ground surface and where the water table is likely to be lowered beyond 2m below natural ground surface.

 

          The submitted plans show that the proposed development reaches a depth of approximately 1m below natural ground surface. This is further confirmed by the applicant by way of a letter dated 18 March 2003 which states “ we confirm that no excavation will occur below 2 metres in depth”. The proposed development does not affect the water table.

 

          An ASS management plan is therefore not required for the proposal and the proposal will not adversely impact the environment with respect to acid sulphate soils.

 

7.3       Policy Controls

            The following policy guidelines apply to the proposed development:

 

       a.       Development Control Plan - Parking.

       b.       Section 94 Contributions Plan.

 

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  Randwick LEP 1998

 

As indicated in the above table, the proposed development is compliant with the standards applying to development on the site and with the objectives of the zone under the LEP.

 

The proposed development has a floor space ratio within the maximum limit permitted.

 

The bulk and scale of the development is consistent with recently constructed two and three storey industrial development on McCauley Street and Raymond Avenue.

 

The proposed development is consistent with the objectives of the 4A zone in that it:-

 

·    accommodates modern forms of industrial, warehousing and like development outside areas used or zoned for residential or business purposes and so encourages economic and employment growth,

·    ensures development creates areas which are pleasant to work in, safe and efficient in terms of transportation, land utilisation and service distribution, and

·    enables development for the purpose of community facilities in association with other permitted development so as to serve the needs of the workforce of the area.

 

The proposed development is considered to satisfactorily address all relevant standards of the LEP.

 

8.2          Development Control Plan - Parking

 

 

Table 1: Number of car parking spaces

 

USE

 

REQUIREMENT

(DCP- Parking)

 

PROPOSED

NUMBER AND/OR FLOOR AREA

 

REQUIRED

PROVISION

 

PROPOSED

PROVISION

 

Club

 

 

 

 

Place of Worship

 

 

1 space per 6 m2 GFA

1 space per 3 employees

 

1 space per 20 m2 GFA

 

 

256m2

 

 

 

 

111m2

 

43 spaces

 

1 space

 

 

7 spaces

 

30 spaces for total carpark

 

 

 

30 spaces for total car park

Business Premises

 

Warehouse

 

1 space per 40 m2 GFA

 

1 space per 300 m2.GFA

 

545 m2

 

 

545 m2

 

 14 spaces

 

 

  2 spaces

 

 

 

The total car parking requirement for the proposed development under DCP - Parking is 65 spaces if the first floor is to be used for business purposes or 53 spaces if the first floor is used for warehouse purposes. As indicated in Table 1 above, the proposal provides a total of 30 spaces. The applicant contends that the level of parking proposed is adequate for the following reasons:

 

·    The nature of the club means that it will not generate any material parking demand. The club will be used predominantly by seamen when they are in port as opposed to normal residents in the area. The seamen will be conveyed to the site on one of the clubs two mini-buses, as they do not have their own vehicular transportation.

·    The peak periods of use of the club are likely to be outside the operating hours of uses on the first floor, enabling dual use of spaces in the unlikely event that they are required,

·    The most likely permutation of use on the first floor would be accommodated by an allocation of 10 spaces,

·    In the event a day time function is held at the club, an attendance of up to 33 people could be accommodated by the 16 spaces allocated to the club,

·    Given the scale of development and likely traffic generation, the proposal has no significant traffic generating implications or likely effect on road and intersection capacity and safety. The parking provision provides for a wide flexibility of use.

 

The proposed development incorporates a car park over the entire ground floor level. Increasing the capacity of the car park would require a reduction in the landscaped area and/or would require excavation to provide another level of parking. Further excavation is undesirable given the condition of the soil beneath. A large amount of on street parking is available in the area, however it is unlikely that the proposal will generate significant levels of parking. It is considered that the proposed parking area is sufficient for the proposed use. The use of the first floor will be the subject of a later development application. It is considered that a use which does not require a large number of car parking spaces is most desirable for the first level and should be encouraged. If warehousing were proposed on the first floor, the shortfall in parking required under the DCP would be four spaces. The spaces required for the club however under the DCP are unlikely to be used often due to the nature of the club and that patrons access the site mainly by a mini bus service, as they have no transport of their own. It is considered that the parking within the development can be allocated per floor to ensure adequate parking for each use.

 

The applicant has also submitted a parking assessment report prepared by Project Planning Associates, which is supported by a Patron and Parking Accumulation Survey conducted at another seafarers club located in Mascot. The survey was undertaken throughout a full trading week in December 2002. The survey revealed that a total of 25 patrons attended the club during the survey week with the maximum patronage being 10 people at any one time. None of the patrons drove a car and parked on site. The survey confirmed that the club is unlike other clubs in that patrons access the site by means other than private vehicle. The report concludes, based on the survey findings, that Council’s concern with the adequacy of the parking provision incorporated in the proposed development is unwarranted.

 

Having regard to the above, it is considered that the proposed parking area will satisfy the needs of intended and potential users of the site and will not detrimentally impact on the on-street carparking capacity of the area.

 

8.3 Landscaping and Communal Open Space

 

The proposal involves ground level landscaping totaling 252m2. along the McCauley Street and Raymond Avenue frontages to screen the car park and provide an attractive and aesthetic appearance to the streetscape. The proposed development generally complies with the Landscaping controls in DCP – Parking. Under the DCP, 6 metre landscaped buffer strips are required adjacent to the street alignment in industrial zones. A 6m landscaped buffer is provided for the entire Raymond  Avenue frontage and for part of the McCauley Street frontage (i.e. at the south-eastern side of the McCauley Street frontage). At the southern side of the McCauley Street frontage the landscaped buffer strip is 1.5m wide and consequently does not comply with the DCP requirement. The buffer has been shortened at this side to enable the provision of four parking spaces. An increase in the landscaped buffer area to comply with Council requirements would cause the loss of four carparking spaces which directly conflicts with the parking requirement under the DCP. Given surrounding developments have little or no landscaped buffers, the subject site is small which restricts the availability of space to provide both landscaping and parking and landscaping is provided to a 6m depth for most of the development, the proposed landscaping area is considered sufficient.

 

A balcony fronting Raymond Avenue for the club on the second floor is proposed. The balcony is sheltered by a semi translucent sail cover that provides protection from the elements. Small balconies are attached to two of the worshipping areas and these front McCauley Street.

 

The proposed landscaping and open space areas provide both visual and recreational enhancement to the site and are considered acceptable.

 

9    CONCLUSION

 

The proposal complies with the relevant statutory controls contained in the Randwick Local Environmental Plan 1998 and with the requirements in relation to Acid Sulfate Soils. The proposal does not strictly adhere to the requirements for car parking under Council’s Development Control Plan Parking in relation to the number of car parking spaces. The variations from these standards are considered acceptable for the reasons identified in section 8.2.

 

The proposal is recommended for approval subject to conditions.

 

RECOMMENDATION:

 

A.        THAT the Council, as the consent authority, grants development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 1015/2002 for permission to remove vegetation on site and construct a three-storey multi purpose centre containing a ground floor car park, 545m2 of letable floor space on the first floor and a Seafarers Centre/Social Club and Worship Centre on the second floor, at 30-32 McCauley Street, Matraville, subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans designed by Paynter Dixon Constructions Pty Ltd numbered DA06 Issue A, dated 05/03/2003 and received by Council on 07/03/2003, and plans numbered DA01 to DA03 and DA05 Issue B, dated 27/02/2003 and received by Council on 05/03/2003, and plan number DA04 Issue B dated 26/02/2003 and received by Council on 05/03/2003 and plans designed by Site Image Landscape Architects numbered LP101 A, dated 03/03/2003 and received by Council on 07/03/2003 and LP102 dated 25/02/2003 and received by Council 7 March 2003, 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 separate Development Application is required to be submitted to and approved by Council for the proposed usage of the first floor of the building prior to the occupancy of the first floor.  Any proposed use of this floor must comply with Clause 36 of RLEP 1998.

 

3.         The hours of the operation of the Seafarer’s Club and place of worship are restricted to: -          Monday through to Sunday inclusive from 10.00am to 12 midnight.

 

4.         The applicant/operator of the club and place of worship shall prepare a Plan of Management for the use.  The plan of management shall specify how the premises are to be operated, and shall address issues including, but not restricted to, the following:

·    Establishing club rules,

·    Patron behaviour,

·    Maintaining good relations with neighbours,

·    Noise,

·    The use of external areas,

·    The use of the club for functions

·    The consumption of alcohol on the remises,

·    The carrying out of activities likely to cause nuisance,

·    The registering of complaints,

·    Cleaning of premises,

·    Disposal of waste.

 

The plan of management shall be submitted for the approval of the Director of Planning & Community Development prior to the commencement of the use of the premises as a club and a place of worship, and the use shall be operated in accordance with the approved plan of management at all times.

 

5.         The proposed development is to fully comply with Sydney Water’s Guidelines on Precautions to be Taken When Building Over or Adjacent to Sydney Water’s Assets,

 

6.         A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.  Application must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au  then the “e-developer” icon or telephone 13 20 92.

 

Following application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development or release of the linen plan, as applicable.

 

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

 

8.         The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

9.         The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, is to be forwarded to the Long Service Levy Corporation or the Council, prior to the issuing of a Construction Certificate, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

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

 

11.       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.

 

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

 

13.       The 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 submitted to and approved by Council’s Director of Planning & Environment, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to:

 

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

 

Security Deposit Conditions

 

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

 

14.       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

 

15.       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:

 

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

a.         Construct heavy-duty concrete vehicular crossings and laybacks at kerb opposite the vehicular entrance and exit points to the site as well as the garbage room area, if required.

 

b.   Construct a concrete footpath along both the McCauley St & Raymond Ave site frontages.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

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

 

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

 

19.       The driveway entrances are to be clearly marked entrance only & exit only.

 

20.       A work zone is to be provided to site, if required, 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:

 

21.       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:

 

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

 

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

 

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

 

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

 

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

 

23.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $1,131.00 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.

 

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

 

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

 

25.       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.

 

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

 

27.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

d)         The separate catchment areas within the site, draining to each collection point or surface pit 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.

 

30.       All site stormwater leaving the site must be discharged by gravity to the kerb and gutter in McCauley Street near the southwest boundary.

 

31.       All sump pits in the basement car park are to be pumped to a silt arrestor pit located within the site adjacent to the property boundary before gravity feeding to Council’s kerb in McCauley St.

 

32.       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.

 

33.       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.

 

34.       Due to a possible overland flowpath located within McCauley Street & Raymond Avenue all habitable floor levels for the proposed development are to be at a minimum RL of 7.15 A.H.D.  Plans submitted for the construction certificate to the certifying authority are to show compliance with this condition

 

35.       The proposed garbage room is to be at minimum RL of 7.00 A.H.D. Plans submitted for the construction certificate to the certifying authority are to show compliance with this condition

 

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

 

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

 

37.       Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Compliance Officer Waste Management a Waste Management Plan detailing waste and recycling storage and disposal for the development site, post construction.

 

38.       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 provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

39.       The landscaped areas shown on the plan number DA-01, issue A, dated 14/10/02 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), council’s footway, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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.          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.

 

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

 

40.       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.

 

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

 

42.       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.

 

43.       The nature strip 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.

 

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

 

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

 

The following conditions have been applied to ensure the appropriate management of trees on and around the site.

 

46.       The applicant shall submit a total payment of $580.00 to Council,

 

a.         Being the cost for Council to supply and install 4 x 45 litre street trees 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.

 

47.       Approval is granted for the removal of the following trees subject to the planting of 1 x 1000 litre and 1 x 100 litre broad canopied replacement trees (not palms) within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.   One Cupressus species (Pencil Pine) located within the site.

 

b.   One Pinus species (Pine Tree) located within the site.

 

48.       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.

 

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:

 

49.       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.

 

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

 

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

 

52.       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 (air conditioning, refrigeration units and the like) 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:

 

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

 

54.       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.

 

55.       The location of the discharge point serving the car park mechanical ventilation system is to be not less than 6m from a property boundary and it must discharge vertically and satisfy the relevant provisions of the Building Code of Australia and AS 1668.

 

          Details of compliance are to be provided in the plans and specifications for the construction certificate.

 

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

 

56.       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 relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

57.       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.

 

58.       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.

 

59.       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).

 

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

 

61.       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.

 

62.       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.

 

63.       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.

 

64.       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.

 

65.       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.

 

66.       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:

 

i)    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.

 

ii)   completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks.

 

67.       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.

 

68.       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.

 

69.       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.

 

70.       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.

 

71.       Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

72.       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.

 

73.       Any damage caused to the road or footway must be repaired immediately, to the satisfaction of Council.

 

74.       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.

 

75.       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.

 

76.       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.

 

77.       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.

 

78.       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

 

79.       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.

80.       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.

 

81.       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.

 

82.       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.

 

83.       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.

 

84.       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.

 

85.       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.

 

86.       Any part of Council’s nature strip which is damaged as a result of the work must be back-filled, top-soiled and re-turfed with kikuyu turf prior to occupation or finalisation of the development, to Council’s satisfaction.

 

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

 

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

 

The following conditions are applied to ensure compliance with the Food Act 1989, Food Safety Standards and Council’s Food Premises Code:

 

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

 

89.       The design and construction of food premises must comply with the following requirements, as applicable:-

 

·    The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, non  slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.

 

·    The intersection of walls with floor and plinths is to be coved, having a minimum radius of 25mm.

 

·    Walls of the kitchen preparation areas and the like are to be of solid construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall to a minimum height of 2m above the floor level, to provide a smooth even surface.

 

·    Walls where not tiled are to be cement rendered and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

·    The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material i.e., fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material.

 

·    All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc…. to be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

·    Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particle board or similar material is not permitted unless laminated on all surfaces.

 

·    Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all door and window openings, and an electronic insect control device is to be provided within the food premises.

 

·    Garbage storage enclosures are to be fitted with a hose cock and the floor is to be graded and drained to an approved floor waste connected to the sewer.

 

·    A mechanical ventilation exhaust system hood is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, in accordance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

 

·    Wash hand basins are to be provided in convenient positions within the kitchen and bar areas. Wash hand basins are to be provided with hot and cold water, together with a sufficient supply of soap and clean towels.  Such hot and cold water shall be supplied to the wash hand basins through an approved mixing device.

 

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

 

·    A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius is to be readily accessible to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.

 

·    All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keeps this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

90.       Details of proposed mechanical ventilation systems, detailing compliance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2 (including exhaust air quantities and discharge location points) are to be submitted to and approved by the certifying authority, prior to a construction certificate being issued for the subject works.

 

91.       Liquid trade waste materials are to be disposed of in accordance with the requirements of the Sydney Water, Trade Waste Department and details of compliance are to be submitted to the certifying authority prior to the commencement of works.

 

92.       Council is to be notified upon completion or work and prior to occupancy, to enable the premises to be inspected by Council’s Environmental Health Officer and the premises must be registered with the Council as a food premises (on an annual basis) prior to the issuing of an occupation certificate.

 

93.       Emission control equipment shall be provided in the mechanical exhaust system serving the cooking appliances, to effectively minimise the emission of odours, vapours and oils.  Details of the proposed emission control equipment must be provided in the relevant plans and specifications for the construction certificate for the subject works.

 

The following conditions have been applied to ensure compliance with Local Government Legislation and Policies of Council:

 

94.       Places of Public Entertainment are to be registered with the Council on an annual basis and the Council’s registration/inspection form is to be completed by the proprietor and together with the appropriate fee, is to be forwarded to the Council, prior to the issuing of an interim or final occupation certificate.

 

The following conditions are applied to ensure adequate environmental protection

 

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

 

ADVISORY CONDITIONS

 

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

 

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 (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.

 

A2.      A Local Approval application is required to be submitted to and approved by Council, in accordance with the provisions of Section 68 of the Local Government Act 1993 in relation to the place of public entertainment, prior to the commencement of the proposed activity.

 

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

 

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

 

            a)         Part B1            -           Structural provisions

            b)         Part C1            -           Fire resistance and stability

            c)         Clause D1.3     -           When fire-isolated exits are required

            d)         Part E1             -           Fire fighting equipment

            e)         Part E2             -           Smoke Hazard Management

            f)          Part E3             -           Lift Installations

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

 

The applicant is advised that it will be necessary to provide a sprinkler system complying with Spec. E1.5 of the Building Code of Australia throughout the premises to comply with Clause D1.3 of the Building Code of Australia.

 

ATTACHMENT/S:

 

A4 Configuration Plans

 

 

 

………………………………

………………………………

SIMA TRUUVERT

LUKE JACKSON

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 


Director Planning & Community Development's Report 26/2003

 

 

SUBJECT:

Master Plan for 1-81 Little Bay Road, Little Bay

 

 

DATE:

27 March, 2003

FILE NO:

98/S/2772

 

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT   

 

 

INTRODUCTION:

 

Attached is the Director Planning & Community Development's Report No. 20/2003 for Master Plan of 1-81 Little Bay Road, Little Bay for residential development comprising single dwelling houses and terraces. The Master Plan also proposes the retention of an existing creek as open space, construction of an internal road system, and the integration of these open space and access elements with the new residential use. This Master plan has been deferred from the previous Ordinary Council Meeting on 25 March 2003 to this Health, Building and Planning Committee for Councils consideration and determination.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

 Director Planning & Community Development's Report No. 20/2003

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILLI

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 


Director Planning & Community Development's Report 20/2003

 

 

SUBJECT:

Master Plan for 1-81 Little Bay Road, Little Bay

 

 

DATE:

19 March, 2003

FILE NO:

98/S/2772

 

 

REPORT BY:            DIRECTOR PLANNING & COMMUNITY DEVELOPMENT  

 

1.         INTRODUCTION:

 

On 15 November 2002, CPG Developments submitted a Master Plan for the Landcom-owned site at 1-81 Little Bay Road, Little Bay. 

 

The Master Plan sets out a strategy for the development of the subject land for residential development comprising single dwelling houses and terraces. The Master Plan also proposes the retention of an existing creek as open space, construction of an internal road system, and the integration of these open space and access elements with the new residential use.

 

The Master Plan has been prepared in consultation with Council in accordance with clause 40(4) of Randwick Local Environmental Plan 1998 (Randwick LEP 1998). In accordance with clause 40(6) of Randwick LEP 1998 Council advertised and exhibited the Master Plan and called for public submissions. The notification and exhibition process has occurred and the results are detailed in relevant sections of this report.

 

This report recommends that Council adopt the Master Plan for 1-81 Little Bay Road subject to variations to the Master Plan and acceptance of a number of matters to be addressed in future development applications for the proposal.

 

2.         THE MASTER PLAN:

 

The Master Plan proposes the following uses:

 

§ 14 Terrace dwellings

§ 52 Dwelling houses comprising 18 small detached houses (on 325 – 399m2 allotments), 29 medium detached houses (on 400-500m2  allotments), and large detached houses (500-692m2  allotments).

 

The proposal will provide 10,220m2  of open space, which will comprise the creek corridor. It is proposed that the existing creek be rehabilitated, cleared of weeds, and realigned.

 

Access will be provided via an internal road system that will be linked to Little Bay Road through proposed roundabouts.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Little Bay Road and the eastern side of Bunnerong Road (that is at the south-eastern corner of these two roads). The site has an area of 4.393 ha with a frontage to Little Bay Road of approximately 350m and a boundary adjacent to Bunnerong Road of 250m. The subject site lies lower than surrounding developments as the land slopes gently down from Little Bay Road towards a small creek in the centre of the site running east-west. Beyond the creek, the land is relatively flat until its border with Woomera Reserve, which is elevated by approximately 8m.

 

The land is currently vacant with the exception of a small shed. There is an existing drainage easement that runs south off Little Bay Road and a sewerage easement that runs through the site from the houses fronting Binda Crescent.

 

The surrounding area comprises predominantly residential development, and open space/recreational uses. To the east and north-east is existing low-density detached housing, to the south is Woomera Reserve containing existing playing fields, to the west, between the subject site and Bunnerong Road, is a road-widening reserve approximately 45m wide that is owned by Council while the opposite side of Bunnerong Road comprises the Botany Cemetery and the State Heritage listed Chinese Market Gardens, and to the north on the opposite side of Little Bay Road is the Women’s Athletics Field.

 

4.         MASTER PLAN REQUIREMENTS:

 

Under the provisions of Amendment No 17 to Randwick LEP 1998, a Council adopted Master Plan is required prior to a consent authority determining a development application for areas greater than 4,000 square metres within the City of Randwick except for sites which have been granted a waiver under Clause 40A(2) of the Randwick LEP which allows Council to waive the requirement for a Master Plan if it is satisfied that the proposed development is of a minor nature only or is ancillary to the current use of the land, or that adequate guidelines and controls applying to the land are already in place.  These waiver provisions do not apply to the subject site. If adopted, the Master Plan applies for 5 years.

 

5.         STATUTORY AND POLICY CONTROLS:

 

The subject site is zoned Residential 2B under the Randwick Local Environmental Plan 1998. This zone permits, amongst other things, development for dwelling houses, dual occupancies, and multi-unit housing. A floor space ratio of 0.65:1 and height control of 9.5m applies for all residential buildings (other than dwelling houses). A minimum landscape area requirement of 50 per cent of site area and a limit of 50 per cent for landscape over podium areas also applies in Residential 2B zones.

 

In addition to the Randwick LEP 1998, the following statutory planning instruments are also applicable to the site:

 

§ SEPP No. 32 – Urban Consolidation

§ SEPP No. 55 – Remediation of Contaminated Land

§ SEPP No. 66 – Transport  – Integrating Land Use and Transport

 

Apart from the provisions of the above-mentioned statutory instruments, the following development control plans of Council apply to the proposal:

 

§ DCP – Dwelling Houses and Attached Dual Occupancies

§ DCP – Multi-unit Housing

§ DCP – Parking

 

6.         PUBLIC NOTIFICATION AND SUBMISSION:

 

The Master Plan was initially exhibited from 26 November to 10 December 2002, and re-exhibited from 28 January to 12 February 2003, through advertisements in the local newspaper and notification of surrounding residents. 

 

Two submissions were received in response to the first public exhibition as follows:

 

P. Gorsuch, 42 Woomera Road, Little Bay

 

§ Development will increase population density with no provision of open space.

 

§ Site should be retained as open space.

 

§ Site is subject to flooding.

 

§ Not clear if the proposal will provide private or community housing.

 

§ Individual lots will have limited space for yards.

 

D. Meyers, 83 Little Bay Road, Little Bay

 

§ All services/utilities should be kept underground to eliminate potential eyesore and encourage tree growth.

 

§ Developer should contribute to beautification of Little Bay Road including street tree planting.

 

One submission was received in response to the readvertising/renotification of the Master Plan as follows:

 

E Cotterell, 2A Woonah Street, Little Bay

 

§ Traffic movement and impact on the Bunnerong Road and Little Bay Road intersection has been underestimated.

 

The issues raised in the submissions are addressed in sections 7 and 8 of this report.

 

6.         TECHNICAL OFFICER’S COMMENTS:

 

6.1       Health, Building and Environment Comments

 

Council’s Environmental Health and Building Services Section advises that assessment of the contamination details provided with the Master Plan indicates that contamination exists on-site primarily in the form of:

 

1.         Broken pieces of asbestos cement sheeting were observed on the surface soil adjacent to the concrete slab on the site. Chrysotile and amosite asbestos fibres were detected within pieces of broken sheeting.

 

2.         Concentrations of arsenic, chromium and mercury exceeding NSW EPA provisional phototoxicity-based guidelines.

 

No objections are raised to the Master Plan subject to appropriate amendments being made to the Master Plan in line with the requirements of SEPP 55 to ensure that the land is remediated to current and safe standards appropriate to the future and on-going use of the land. In the case of asbestos, where no standard exists, Council will require that the site be asbestos free or to be remediated to a level where no unacceptable health risk remains as confirmed by the relevant State and/or Commonwealth Government authority. Council will require the submission of a Site Audit Statement (SAS) and a Summary Site Audit Report for both land and ground water to certify that the site is suitable for unrestricted landuses as identified in the Master Plan.

 

Apart from contamination issues, other matters relating to noise, environmental amenity, health and safety will be required to be addressed at the DA stage. 

 

6.2       Assets and Infrastructure Comments

 

The Department of Assets and Infrastructure Services advises as follows:

 

    Community Title Comments

 

The Master Plan submission has been lodged as a development proposal under Community Title subdivision. The Department of Asset and Infrastructure Services is not opposed to the concept of community title subdivision as such, however the design standards adopted by the applicant for this Master Plan vary significantly from those design standards adopted by Council and applied to civil infrastructure that is under the care, control or ownership of Council.

 

Watercourse and Community Title

 

The DEPCD is advised that the DAIS would not favour the proposed open watercourse for reasons of excessive maintenance and safety concerns/potential public liability issues. The DAIS’ preferred option for the discharge of stormwater that currently drains via the creek would be for a major/minor system consisting of a low flow pipeline, (with a minimum capacity to discharge a 1 in 5 year storm), and provision of an overland flow for up to the 1 in 100 year storm event. The applicant has argued that the Master Plan submission is in compliance with latest WSUD practice and they have stated that Council’s proposal would not be supported by the DLWC, (see copy of DLWC letter attached). In summary the DAIS would not support the proposed open watercourse / riparian zone if the area was to be dedicated to Council / come under Council’s care and control. The proposal for an open watercourse can only be supported if sufficient surety is given by the applicant that Council will never have ownership or maintenance responsibility for the subject watercourse. The DAIS has concerns regarding the maintenance of the watercourse and associated planting/landscaping costs and any development consent for this site is likely to contain conditions bonding the applicant for maintenance costs associated with the upkeep of the watercourse/landscape areas for a minimum of 10 years.

 

Road Reserve and Community Title

 

The DEPCD is advised that if the road network was to be dedicated to Council the proposed carriageway widths for the majority of the road network are considered unsatisfactory.

 

The DAIS recommended road carriageway widths, (minimum), for Council controlled roads are as follows:

 

·    Roads with residential dwellings on both sides be designed with a carriageway at least 10.6 metres wide, face of kerb to face of kerb. This allows for two parking lanes, (2.3 metres wide measured from face of kerb), and two travel lanes 3.0 metres wide.

 

·    Roads with residential dwellings on one side only should be designed with a carriageway at least 8.75 metres wide, face of kerb to face of kerb). This allows for one parking lane, (2.3 metres wide measured from face of kerb) and two travel lanes clear of the gutter on the non-parking lane side, (gutter is 0.45 metres wide).

 

The proposed road carriageway widths and verge widths in the Master Plan submission are as follows:

 

·    Type A – 7m road carriageway width, 4m verges.

 

·    Type B – 5.5m road carriageway, 3.5m verge and 4.5m verge, (some with bio swales).

 

·    Type C – 5.5m road carriageway, 3.0m verge against townhouses and 1.0m verge on the other side.

 

·    Type D – 3.7m road carriageway, 3.0m verge one side and 1.0m verge on the other side.

 

Even allowing for the fact that the roads are not being dedicated to Council the DAIS believes that either changes need to be made to the proposed road carriageway widths or a more detailed submission in support of the widths as proposed is required.

 

The Type A carriageway, in theory, makes provision for vehicles travelling in opposite directions to pass and the applicant has indicated that this road type is at the top of the road hierarchy. Subsequent to submission of the Master Plan the applicant submitted a document titled “Visitor Parking Plan” (dated February 2003), and this plan shows that parking is proposed on the eastern side of Access Road Type A. The DEPCD is advised that if vehicles are parked along the eastern side of the type A road the available clearance for other vehicles using the road will be approximately 4.7 metres measured from the face of the western kerb. The DAIS is of the opinion that this road type was to be capable of allowing vehicles to pass when travelling in opposite directions, based on the February parking plan this scenario will not be possible if vehicles are parked along the eastern kerb line. The DAIS recommends that the Type A carriageway width be widened to a minimum of 8.75metres, (2.3m parking lane, 3m southbound lane, 3metre northbound lane that is 0.45metres clear of the western kerb alignment). If the total road reserve is to be maintained as the proposed 15 metres, the verge widths will be reduced to approximately 3.12 metres.

 

The Type B carriageway, in theory, makes provision for a parking lane along one kerb alignment and approximately 3.2 metres of carriageway available for through movements.  The DAIS recommends that the Type B carriageway width be widened to a minimum of 5.75metres, (2.3m parking lane, 3m travel lane clear of the parking lane and 0.45metres clear of the kerb alignment). The increased carriageway width will have only a minor impact on the verge widths.

 

The Type C carriageway, in theory, makes provision for a parking lane along one kerb alignment and approximately 3.2 metres of carriageway available for through movements.  The DAIS recommends that the Type C carriageway width be widened to a minimum of 5.75metres, (2.3m parking lane, 3m travel lane clear of the parking lane and 0.45metres clear of the kerb alignment). The increased carriageway width will have only a minor impact on the verge widths however the proposed 1.0metre wide verge cannot have its width reduced.

 

The Type D carriageway appears satisfactory.

 

Subject to care and control of the road reserves being solely the responsibility of the Community Title stakeholders, and subject to the carriageway widths being modified as recommended above, the DAIS does not object to the road reserve widths as proposed in the Master Plan.

 

Traffic/Civil Works Comments

 

The subject Master Plan submission has been referred to the Roads and Traffic Authority (RTA) for comment and to date no response has been received. The applicant needs to be made aware that the RTA comments must be considered prior to the submission of any development application and that any development application for this site should reflect the recommendations of the RTA.

 

The applicant will be conditioned to meet the full cost for significant civil works to be undertaken in Bunnerong Road, at the intersection of Bunnerong Road and Little Bay Road and Little Bay Road. The civil works may extend past the Bunnerong Road and Little Bay Road site frontages should this be required to produce a better design solution. The civil works shall include, but not be limited to, kerb and gutter construction, drainage works, road construction/reconstruction works, construction of footpaths, (3metres wide for shared pedestrian cycleways), and construction of traffic control measures. All civil works within Bunnerong Road and Little Bay Road shall be undertaken in accordance with Council’s Policy for "Vehicular Access and Road and Drainage Works".

 

The sections of the internal roads that connect the development site with Little Bay Road shall be suitably designed such that the internal roads are clearly identifiable as roads under the proposed Community Title. Design details should be submitted for approval with any development application for the site.

 

All road pavements must be designed for a minimum forty-year design life.

 

All civil works within the development site shall be carried in accordance with Council’s construction specifications.

 

The road carriageway widths must be amended as discussed/recommended above, Type A carriageway being a minimum of 8.75 metres, Type B carriageway being a minimum of 5.75metres and Type C carriageway being a minimum of 5.75metres.

 

Comments on Water Management and Servicing Strategy

 

·   Flood Study

 

The applicant has submitted a flood study in conjunction with the master plan which determines the 1 in 100 year flood levels through the site. The flow volumes have been calculated using RAFTS, and the corresponding flows depths have been determined using HECRAS. Council does not have RAFTS and thus the applicant should be advised that they will be required to meet the costs for Council to engage an independent consultant to review the floodstudy. The floodstudy will need to be approved prior to the flood levels being adopted and the final floor levels set. It is noted that the floor level of all habitable and storage areas shall be a minimum of 300 mm above the determined 1 in 100 year flood level.

 

The development is required (at a minimum) to maintain flood levels at the existing levels. It is noted that Council would prefer these levels to be reduced wherever possible provided that flows downstream and upstream of the site are not increased by the works.

 

·    Open Channel / Creek

 

The applicant shall note that Council may request that an easement be created over the creek (up to the 1 in 100 year flow boundaries). Alternatively, consideration may be given to creating a drainage reserve over the creek, with the DLWC as the nominated responsible authority.

 

Council is likely to impose a positive covenant (and possibly a restriction as to user) over the creek area to ensure that the area is suitable maintained.

 

The applicant shall liase with the DLWC regarding safety issues surrounding the open channel and comply with all safety requirements issued by the Department. It is noted that the applicant will need to address how public liability issues will be addressed on the community title.

 

The proposed side slopes of the channel should be the to satisfaction of the DLWC.

 

·   Provisions for conveying stormwater currently draining to the site

 

There are two low points along Little Bay Road and one on Binda Crescent. These low points should be drained though pipes sized for the 20 year ARI with provision for overland flow up to the 1 in 100 year storm event. The piped stormwater and overland flow shall be discharged to the creek and easements shall be created over the pipes and overland flow paths.

 

It is noted that Council’s baseplans show some pipelines/easements already located within the site. The size and location of these pipelines and easements should be determined.

 

The velocity depth restriction of VD£ 0.4 for a 1 in 100 year storm should be applied along the overland flow paths.

 

·   Onsite detention

 

It is noted that the development site is located outside the areas designated by Council for onsite detention.

 

Surface flows from the site are directed under (and during major storm events over) Bunnerong Road and into the market gardens.

 

The provision of onsite detention would reduce flows in the Market Gardens during major storm events; and reduce the probability of nuisance flooding over Bunnerong Road, however, assuming that the submitted flood studies are correct, the depth of flooding over Bunnerong Road is only some 100mm for the 1 in 100 year storm and it is therefore considered unnecessary to condition development consent for OSD to eliminate this small amount of flooding.

 

In accordance with Council’s current practises, each of the new houses will be required to provide a minimum 5 metres square base infiltration area. This will reduce stormwater runoff from the development site during smaller storm events.

 

The provision of rainwater tanks for each of the houses may also reduce stormwater runoff.

 

·   Internal drainage system

 

The minor stormwater system should be designed for the 20 year ARI as proposed, and the major system shall cater for flows up to the 100 year ARI.

 

·   Water quality issues

 

The applicant shall provide, (with any development application for the site), a maintenance schedule for the GPT’s, bioretention swales and creek in conjunction with any development application.

 

·    General Stormwater Comments

 

Based on the drainage information submitted with the Master Plan the development site can be drained to Council’s satisfaction/standards without impacting on the proposed subdivision layout. Detailed conditions relating to site stormwater drainage shall be included as part of any development consent for the development proposal.

 

The applicant shall note that, as part of ongoing stormwater studies relating to stormwater inundation of areas downstream from the Master Plan site, Council may require the construction of an onsite stormwater detention area in that section of Bunnerong Road immediately west of the development site.

 

Landscape Comments

 

Detailed landscape design plans for the site will need to be submitted and approved as part of the assessment of any future development application and/or construction certificate application for the site, (including full landscape design details for the creek corridor/riparian zone).

 

Street trees need to be incorporated in the landscape plans and species need to be in accordance with the Randwick City Council’s Street Tree Master plan. Street trees are to be shown along Bunnerong Road, Little Bay Road and internal roads.

 

The development site has one example of bushland remnant. It is recommended that an on-site meeting between the proponent and council’s bushland staff be arranged to identify the remnant vegetation prior to the lodgement of any development application for the site. No disturbance or development in the vicinity of the bushland remnant is to be permitted however Council’s bushland staff have indicated that retention/protection of the bushland remnant will not have a significant impact on development within the site.

 

The applicant should submit a detailed weed control strategy with any development application for the site.

 

Service Authority Comments

 

Prior to lodgement of any development application for the site 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.

 

All public utility services located within the development site shall be suitably located underground and in compliance with the requirements/conditions imposed by the various service authorities.

           

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.

 

Suitable easements for the utility services and documentation from the associated utility service provider that all services have been installed to their requirements and satisfaction shall be submitted to The Certifying Authority prior to the release of the linen plans.

 

There shall be no kiosks located within the Council road reserves. Any kiosk shall be located to the satisfaction and approval of Council and Energy Australia.

 

All street lighting and lighting within reserves shall be installed in accordance with the relevant Australian Standards and Roads and Traffic Authority standards for lighting of residential streets, collector roads, intersections, pedestrian and cycle ways and public reserves.

 

Prior to any construction works, the applicant shall submit and have approved by The Certifying Authority a compilation plan of all the public utilities.

 

Note that all public utilities that are parallel to any existing or proposed Council stormwater drainage pipelines shall be located a minimum of 1.5 metres from the centreline of the stormwater pipeline.

 

All site services shall be provided underground.

 

Waste Management Comments

 

The applicant has submitted swept path details for a 9.5metre garbage truck, (10.5 metre turning radius). The applicant shall note that any development application for this site must include a detailed waste management plan setting out the proposed method for collection of domestic waste for the development site. The applicant shall note that satisfactory collection of domestic waste may require minor alterations/modifications to the proposed road network and or travel lane/footpath/parking lane configuration of the road network.”

 

7.         EXTERNAL COMMENTS:

 

The Master Plan application was referred to State and Federal agencies. Comments made by the agencies, which mostly relates to the Development Application stage will be provided to the applicant for inclusion in relevant future DAs.  Below is a summary of issues raised by various agencies:

 

7.1       NSW Fisheries

 

NSW Fisheries has advised that the proposed realignment of the creekline is considered dredging and, as such, will require a permit from NSW Fisheries. In addition, whilst no objection has been raised to the Master Plan, the Department has listed a number of provisions for protecting fish habitat and fish passage in the proposed modification of the creekline. These provisions will be identified as matters to be addressed in future development applications for the proposed development.

 

7.2       Department of Land and Water Conservation

 

In a letter dated 5 March 2003, DLWC raised initial concerns that the proposal for the creekline works differed substantially from earlier drafts presented to the Department. A subsequent letter dated 10 March 2003 clarified DLWC’s position further, summarised as follows:

 

§ The watercourse realignment in the Master Plan is more pronounced than earlier versions but the main change is in the vicinity of the proposed bridge. DLWC requires that structural stabilisation works be localised where warranted according to flow.

 

§ The average width of the riparian zone at 32 metres is acceptable as a minimum provided that the streetscape vegetation is similar to the riparian vegetation being of native species local to the area.

 

§ The revegetation works in the riparian zone is to be rehabilitated with fully structured native vegetation local to the area. A Vegetation Management Plan together with a security deposit will be required prior to the issue of a Part 3A Permit. Creek banks must not have slopes greater than 1V to 3H.

 

§ The flooding issues are a matter for council and the full range of floods upto and including the PMF should be considered in accordance with the Government’s Floodplain Management Manual.

 

§ DLWC does not support replacing the open watercourse with piping and would not issue a Part 3A Permit for such work.

 

§ Proposed creek crossing should be a clear span bridge allowing continuity of the riparian zone to allow light and water to the riparian vegetation beneath the bridge. Details should be provided at the DA Stage.

 

The issues listed above will be required to be addressed in any future development application for the proposed development where relevant. 

 

7.3       Roads and Traffic Authority

 

No response has been received from the RTA despite a number of reminders from Council to the Authority. Notwithstanding, the absence of RTA’s comments, Council’s Department of Assets and Infrastructure Services raise no objections to the Master Plan subject to further detailed assessment at the development application stage. Any future development application for the subject site will be referred to the Randwick Development Committee and the RTA.

 

7.4       Environment Australia

 

The Master Plan was referred to Environment Australia under the provisions of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the potential for significant impact on specific matters of National Environmental Significance (see Section 8.11 below). Environment Australia advises that the proposed development is not a “controlled action” pursuant to section 75 of the Environment Protection and Biodiversity Conservation Act 1999 and therefore no action is required pursuant to the Act.

 

8.         DISCUSSION AND ISSUES:

 

Clause 5 of Amendment No. 17 to the Randwick LEP 1998 lists a range of matters that master plans are required to address. These matters are discussed in the following sub-sections noting especially those matters that will require master plan variations and issues raised in submissions.

 

8.1       Design

 

Dwelling houses will front Little Bay Road and the internal streets of the proposed development while the proposed terraces will be located in the centre of the proposed development with frontage to an internal street and the creek corridor.

 

The applicant has provided additional details comprising indicative building envelopes for dwelling houses and terraces showing the maximum building heights, front, rear and side setbacks, solar access provisions and landscape areas. Building envelope plans were prepared for three primary layouts:

 

§ Detached dwelling houses for lots orientated north-south

§ Detached dwellings for lots orientated east-west

§ Terrace dwellings in the centre of the site

 

The plans indicate that the proposed development will have building envelopes that will be lower in height and massing than the maximum permissible building envelope as prescribed in the relevant DCPs. Dwelling houses typically will have 6m external wall heights with pitched roof features that are generally lower than 9.5m. Terraces will typically have 7m external wall heights and 8m – 9m overall building heights. Dwelling houses and terraces will generally conform to the setback requirements in the relevant DCPs.

 

In terms of density, the applicant advises that the FSR provision of 0.65 is applied across the site, so that, based on the site area of 43, 930m2, this equates to approximately 28,555m2 of floor space. In comparison, the indicative floor space across the site is as follows:

 

14 terraces (approx. 250m2 per dwelling)                                  3,500m2

52 detached houses (approx. 440m2 per dwelling)                     22,880m2

Total                                                                                        26,380m2

 

The proposal would comply with the FSR provisions across the site.

 

No reference has been made to design principles that have guided the layout and orientation of the proposed development apart from generalised statements about the location of living spaces and garden areas. It is recommended that the Master Plan be varied to include a list of design principles that are relevant to the proposed layout and orientation of the proposed development and achieve a high quality architectural response, including but not limited to the following:

 

1.         Building design is to achieve architectural consistency with blocks to be developed in a holistic and cohesive manner.

 

2.         Building facades to streets are to incorporate the following design characteristics:

§ Well proportioned and spaced windows appropriate to their orientation;

§ Architectural features at ground level that reinforce dwelling address such as entrance porches;

§ Well balanced projected and recessed sections of balconies;

§ Use of appropriate environmental controls such as verandahs, sliding screens, window hoods and the like;

§ Coordinated and compatible materials and finishes where neutral colours predominate with strong colours limited to accent elements up to a maximum of 10% of the façade area.

 

3.         All dwellings are to be designed to achieve cross-ventilation.

 

4.         Building fronts and entries are to be readily apparent from the street and convey a sense of address.  Buildings fronting the public street must have their main entrance and windows from some habitable rooms facing the street. Building detailing and articulation must enable dwellings to be identified from the street.

 

5.         Buildings are to be aligned predominantly parallel to the street boundary and predominantly to the street setback line.

 

6.         To ensure that garages, parking structures and parking areas are located and designed so they do not to dominate the street frontage.

 

7.         Carports and garages fronting public streets are to have a maximum opening width of 6 m or 1/3 of the width of the lot, whichever is less.

 

8.         Garages are to be located within the building envelope of the associated dwelling and behind the front building line.

 

9.         Carports are to be located behind the front building line of the associated dwelling.

 

10.       Carports and garages fronting public streets are to be integrated with building design.

 

11.       Building facades are to provide environmental amenity through sun shading devices, privacy screens and noise barriers combined with useable outdoor areas.

 

12.       Fences on street frontages are designed to address the amenity of the street, surveillance and safety, security of private property, and the use of front garden space.

 

13.       Solid front fences facing the street are to be no higher than 1.2m.

 

14.       Ensure a safe physical environment by promoting crime prevention through design.

 

At the development application stage, the design of the proposal will be required to adhere to the above-listed principles.

 

 

The impact of the proposed building envelopes on solar access into the site has been assessed at the winter solstice and generally found to be acceptable (see Section 8.7.1 below).

 

The surrounding residential development is predominantly low-density dwelling houses on individual allotments. This character is accentuated by the large areas of open space (the Women’s Athletics Field and Woomera Reserve) and the Botany Cemetery in the vicinity of the subject site. The proposed residential development will be consistent with the existing character of the locality and will not be visually incompatible with the surrounding area. In addition, the design will result in acceptable amenity impacts both internally within the proposed development and externally to adjoining properties (see Section 8.7 below). 

 

8.2       Built Form

 

The draft Master Plan proposes a mix of terraces and detached houses of various sizes and types. Specifically, the proposal will have 14 terrace dwellings and 52 dwelling houses comprising 18 small detached houses, 29 medium detached houses, and 5 large detached houses.

 

The residential built form will be based on the controls contained in the Randwick LEP 1998 and the DCP - Dwelling Houses and Attached Dual Occupancies, which are as follows:

 

 

Large House

Medium House

Small House

Terraces

Max. Building Height

9.5m

9.5m

9.5m

9.5m

External Wall Height

7m

7m

7m

7m

Front Setback

4m

4m

4m

7m

Side Setback (Ground Floor)

900mm

900m

Zero lot line on one side, 900mm on the other

Zero

Side Setback (First Floor)

1500mm

1500mm

1500mm

Zero

Rear Setback

Variable

6m

6m

N/A

Landscaped Area

40% of total lot area

40% of total lot area

40% of total lot area

50% of total terrace housing area

Soft Landscaped area

30 % of total lot area

30% of total lot area

30% of total lot area

20% of total lot area

 

The controls indicated above are acceptable subject to the following changes which will be required of the Master Plan:

 

§ External wall height for Large Houses, Medium Houses and Small Houses shall be 7.0m

 

§ Rear setback to Large Houses shall be 6m.

 

§ Rear setback for Terraces shall be minimum average setback of 6m with no part of the building closer than 4.5m from the rear boundary, and the maximum length of any one section of wall (without any articulation) is 10m. The minimum length of any step is 3m.

 

§ Soft landscaped area for terrace houses shall be 25%.

 

As seen from the above controls, lot size, height, setbacks and site cover will determine the bulk and scale of the proposed development. In effect, the proposed builtform essentially will be low density detached and terrace housing, two-storeys in height, and will frame the proposed streets and the open space comprising the creek corridor appropriately.

 

Indicative building elevations have been provided with the draft Master Plan reflecting these builtforms. In this regards, the applicant has advised that the proposal will be developed as an integrated development. This is acceptable and preferable as it will ensure a cohesive and holistic design for the site.

 

8.3       Sub-division pattern

 

The Master plan will provide for individual sub-division lots for terrace houses and detached housing with the following allotment sizes:

 

Dwelling Type

Lot Size

Frontage

Number

 

Terraces

<325m2

7 m

14

Small Detached Houses

325-399m2

13 m

18

Medium Detached Houses

400-500m2

15 m

29

Large Detached Houses

>500m2

15 m

5

 

The subdivision complies with the minimum allotment size for land in Residential 2B zones under Randwick LEP 1998 (Amendment No. 14). As such, the proposed sub-divided lots would be of sufficient size to meet residential requirements.  In addition, all lots created by the sub-division generally will have good access to the proposed road network, are capable of being supplied with utility services, and will maximise efficiency in site use.

 

It is proposed to sub-divide the proposed development in accordance with the Community Land Development Act 1989 (CLD Act 1989). The Act provides for conventional sub-division of land involving common property to be administered and maintained by a Neighbourhood Association.

 

The proposed sub-division plan is considered acceptable subject to a variation to the Master Plan to correct a typographical error which will require the allotment sizes shown in the table on page 20 of Volume 1 – Master Plan Report to be substituted with the allotment sizes shown in Figure 3 – Dwelling Mix Plan.

 

8.4       Street Pattern

 

The proposal will have a street pattern comprising a hierarchy of access streets with the following characteristics (see Figure 5 – Road Hierarchy Plan in A4 attachments to this report):

 

Street Type

Est. max daily traffic volume

Total road reservation

Carriage-way width

Verge width

Parking

Access Street Type A

400 vehicles/ day

15m

7m

4m

Both sides

Access Street Type B

300 vehicles/ day

13.5m

5.5m

3.5m and 4.5m

One side

Access Place Type C

100 vehicles/ day

9.5m

5.5m

3m and 1m

One side

Laneway – Type D

100 vehicles/ day

7.7m

3.7m

3m and 1m

None

 

The overall street pattern is considered satisfactory in terms of promoting connectivity and responding to built forms, landscape features and view corridors. However, concern has been raised by Council’s Department of Assets and Infrastructure Services (DAIS) in that the width of the proposed streets do not comply with Council’s standards, and would be inadequate for facilitating two-way traffic flows especially when cars are parked illegally on-street. This concern has been raised with the applicant in a number of meetings and the applicant has provided the following justifications for the road widths:

 

§ Traffic movement on the proposed internal streets will serve a low density residential development that will generate light traffic. If illegal parking should occur, vehicles passing each other in opposite directions can take turns to pass parked cars.

 

§ Narrow traffic lanes will assist in controlling traffic speeds and promote pedestrian safety.

 

§ The proposed road widths are consistent with AMCORD – Guidelines for Urban Housing which recommends carriageway widths of 5m – 5.5m to promote streets as safe and pleasant environments for urban housing.

 

§ 127 visitor carparking spaces will be provided on-site (in addition to the required number of carparking spaces per dwelling under the DCP-Parking) comprising 74 on-street carparking spaces, 32 spaces within selected development lots (made possible by increasing the setback of buildings by 5m from the front boundary of these selected lots) and 21 spaces along the Little Bay Road frontage.

 

§ The proposed development will be a community title sub-division with the roads forming part of common property under the Community Land Development Act 1989. The Act requires the preparation and lodgement of a Neighbourhood Management Statement for registration at the same time as the sub-division plan. Illegal parking on streets will be deterred through various controls/prohibitions to be contained in the Neighbourhood Management Statement that will be binding on the Neighbourhood Association and each person who is an owner, tenant, occupier or mortgagee of a lot. Council, therefore, would be absolved of any compliance, maintenance or other roles in the community title development.

 

The applicant’s justifications are generally considered reasonable especially in view of the recognition given to the role of street and sub-division patterns in managing traffic by the Urban Design Advisory Service in its Handbook for the Design and Planning of New Neighbourhoods. The Handbook states specifically that street design measures, such as carriageway width and landscaping, can control traffic speeds and discourage through traffic, and that land uses should be integrated within a network of interconnected streets to create efficient sub-divisions.   However, to ensure that due recognition is given in the Master Plan to the above-mentioned justifications, and, in particular, the applicant’s recourse to the provisions of the Community Land Development Act 1989 in addressing Council’s concerns, the Master Plan will be required to be varied to incorporate the above-listed justifications. The Master Plan will also be required to be varied to include a clear statement that all roads and other common property within the development will remain Neighbourhood Property and will not be dedicated to Council. The issue of management of the roads will also be required to be addressed at the development application stage with details to be provided in the sub-division documentation.

 

Additionally, Council’s Department of Assets and Infrastructure Services have recommended the following:

 

§ The Type A carriageway width be widened to a minimum of 8.75metres, (2.3m parking lane, 3m southbound lane, 3metre northbound lane that is 0.45metres clear of the western kerb alignment). If the total road reserve is to be maintained as the proposed 15 metres, the verge widths will be reduced to approximately 3.12 metres.

 

§ The Type B carriageway width be widened to a minimum of 5.75metres, (2.3m parking lane, 3m travel lane clear of the parking lane and 0.45metres clear of the kerb alignment). The increased carriageway width will have only a minor impact on the verge widths.

 

§ The Type C carriageway width be widened to a minimum of 5.75metres, (2.3m parking lane, 3m travel lane clear of the parking lane and 0.45metres clear of the kerb alignment). The increased carriageway width will have only a minor impact on the verge widths however the proposed 1.0metre wide verge cannot have its width reduced.

 

Accordingly, a variation will be required of the Master Plan to reflect these changes and detailed design are to be submitted with relevant future development applications for the subject site.

 

8.5       Pedestrian and Cycleways

 

The Master Plan states that a footpath network will be provided within the site with paved footpaths proposed along at least one side of each street except for the laneway (Type D), which will operate as a shared zone. The Master Plan also states that use of bicycles will be encouraged in the site through a shared cycle-way/footpath alongside the creek corridor, which will ultimately link into the regional cycle network proposed under Council’s Bicycle Plan.

 

It is recommended that the Master plan be varied to state/indicate that all footpaths will be suitable for disabled and older persons. Details of designs will be required to be provided in any future development applications for the site.

 

8.6       Public Open Space

 

The proposal will provide 10,220m2 of open space, which will comprise the creek corridor. It is proposed that the existing creek be rehabilitated, cleared of weeds, and realigned. Revegetation with suitable indigenous riparian species and creation of pool and riffle zones is expected to enhance habitat values and encourage the return of aquatic fauna. The creek corridor will feature grassed banks with a share path alongside for recreational use by residents. It is noted that the proposed open space will be largely passive in nature providing primarily a visual amenity in the development. The Master Plan indicates that recreational use is limited to the shared pedestrian/cyclist path along the creek.

 

The open space will be fully accessible to the public as the proposed development will not be a gated or walled estate. It is intended that the recreational use of the shared pedestrian and cyclist path will be for public enjoyment. The applicant will be required to amend the Master Plan to state clearly that the proposed development will not be a walled estate and that appropriate provisions for open public access into the proposed development are made.

 

Concern has been raised by the Assets and Infrastructure Services Department to the potential liability issues that may arise from the public access and recreational use of the creek corridor as open space and from flooding and, as such, would prefer the creek to be piped and back-filled to ensure public safety. In response, the applicant has indicated to Council the following:

 

§ There is written advice from the Department of Land and Water Conservation that a permit will not be issued by the Department for piping of the creek.

 

§ The retention of the creek corridor as a revegetated riparian zone and public open space provides visual and recreational amenity and is consistent with ecologically sustainable development principles.

 

§ Any liability issues will be covered by insurance undertakings that will be required as part of the community title sub-division of the subject site under the Community Land Development Act 1989. The Act requires the preparation and lodgement of a Neighbourhood Management Statement for registration at the same time as the sub-division plan. The taking-out of insurance will be contained in the Neighbourhood Management Statement that will be binding on the Neighbourhood Association and each person who is an owner, tenant, occupier or mortgagee of a lot. Council, therefore, would be absolved of any liability associated with the use of Neighbourhood property.

 

§ The applicant advises that maintenance of the open space will be undertaken through the community title arrangements proposed for the development under the Community Land Development Act 1989. Provisions for maintenance of the creek corridor will be contained in a Neighbourhood Management Statement required under the Act that will be binding on the Neighbourhood Association and each person who is an owner, tenant, occupier or mortgagee of a lot. Council, therefore, would be absolved of any maintenance responsibilities in relation to the creek.

 

The applicant’s justifications are generally considered reasonable. However, to ensure that due recognition is given in the Master Plan to these justifications, and, in particular, the applicant’s recourse to the provisions of the Community Land Development Act 1989 in addressing Council’s concerns, the Master Plan will be required to be varied to incorporate the above-listed justifications. The Master Plan will also be required to be varied to include clear statements indicating the following:

 

§ All liability issues in the subject site will be covered by insurance provisions which will be included in the Neighbourhood Management Plan under the Community Title Sub-division. Details of the type, extent and provisions of the insurance cover in conjunction with a full risk management assessment shall be provided.

 

§ Maintenance of the open space will be undertaken through the community title arrangements proposed for the development under the Community Land Development Act 1989. Provisions for maintenance of the creek corridor will be contained in a Neighbourhood Management Statement required under the Act Council

 

The open space will be the subject of detailed design at the development application stage and the issue of management of the open space will also be addressed at the development application stage and include principles and guidelines for public open space within the site.

 

 

8.7       Impact on adjoining properties

 

8.7.1    Sunlight

 

The internal overshadowing impacts of the indicative building envelopes have been provided and these show the following:

 

§ The rear yards of lots orientated north-south will receive adequate solar access in winter.

 

§ The rear yards of east-west orientated lots will be overshadowed in the winter morning but will receive sunlight in the afternoon. The loss of sunlight to western rear yards in the winter mornings will be balanced by the orientation of living spaces and garden areas to the east so receive morning sunlight.

 

The generous private open space between the proposed buildings will also allow for adequate ventilation and air-flow between the buildings. Energy efficiency will be required to be addressed in detail at the development in the Development Application stage. 

 

Externally, the new development is not expected to detrimentally affect the solar access of the 12 existing residential properties abutting the subject site along the southern boundary because of the low-scaled nature of the proposed development and the significant distance separating the future and existing buildings. 

 

8.7.2    Privacy

 

The physical separation of the proposed buildings, layout of the proposed sub-division and the resultant building orientation will mitigate any possibility of overlooking between properties within the proposed development. Specifically, the proposed terraces will overlook the creek corridor to the south and south-east. 

 

Externally, the proposed development is not expected to result in overlooking of existing residential properties to the north and east of the subject site given the low elevation of the subject site relative to surrounding development and the significant separation distance between the proposed buildings and existing residential properties.

 

8.8       Ecologically Sustainable Development

 

The Master Plan proposes a number of measures to promote ecologically sustainable development principles:

 

1.   The rehabilitation and enhancement of the existing watercourse

 

2.   Retention of 50 % of the site as landscaped area.

 

3.   Facilities to promote walking and cycling through and around the site.

 

4.   Provision of efficient access to public transport – all dwellings are within 300 m of bus stops.

 

5.   Use of bio-retention swales to improve water quality, enhance streetscape character and strengthen connection with the creek.

 

6.   Use of gross pollutant traps to minimise litter in stormwater run-off.

 

7.   Orientation of lots to maximise solar access and the use of appropriate landscape treatment for winter and summer conditions.

 

8.   Use of plantation, recycled or regrowth timbers for construction.

 

9.   Provision of rainwater tanks in all detached dwellings for garden watering, irrigation systems, outdoor uses and toilet flushing.

 

10. Provision of gas-boosted solar hot water.

 

11. Reduction of energy consumption for heating and cooling through dwelling design which maximises solar access, facilitates cross ventilation and provides appropriate screening and planting.

 

12. Revegetation with native and endemic plant species where appropriate to reduce water demands, provide habitat for local fauna and promote bio-diversity.

 

13. The provision of appropriate facilities to enable recycling and composting.

 

14. Diversity of housing choice to encourage social sustainability.

 

15. Provision of facilities to enable work from home.

 

By way of variation to the Master Plan, two measures will be required to be reworded to ensure their effectiveness (see Part B – Schedule of variations below). The following additional measures will also be required to be included in the Master Plan under Section 4.1:

 

1.   All buildings will demonstrate energy efficient design achieving a NatHERS rating of not less than 3.5 stars.

 

2.   Roof water from all buildings will be directed to private rainwater tanks for non-potable water reuse purposes.

 

3.   Porous paving will be utilised on all private allotments.

 

4.   Water smart plumbing fixtures will be integrated into building design.

 

5.   The gross pollutant traps, located at each discharge point, will be designed to treat all run off to the 3 month ARI magnitude and will remove liquids (grease and oils), litter and sediments. Other innovative methods to reduce nutrients and pathogens in the first flush to be developed in conjunction with Council.

 

6.   The landscaping, orientation, siting and dwelling layout are to ensure solar access to living areas and private open space and maximise use of cooling breezes.

 

7.   The design of a development is to minimise overshadowing of neighbours’ dwellings, their private open space or any solar collectors.

 

8.   Windows are to be located, sized and shaded to maximise sunshine access and penetration in winter and exclude it in summer, with large windows facing a northerly direction. Western and south-western orientation of large expanses of glass is to be generally avoided or minimised and protected with effective shading devices.

 

9.   Window shading devices are to be provided and designed for the window’s orientation and exposure to hot summer sun. Shading devices can include external screens, hoods, overhanging balconies, eaves, verandahs or pergolas.

 

10. Trees and plants are to be selected and planted to provide shade in summer yet also allow winter sun entry.

 

11. The principle living room of dwellings is to have at least 3 hours sunlight reaching 2 m2 of glazing to that room between 9.00am and 3.00pm on June 21; and sunlight is to be available to the principal area of ground level private open space for at least 3 hours between 9.00am and 3.00pm on June 21.

 

12. Sunlight is to be available to the principal area of ground level private open space for at least 3 hours between 9.00am and 3.00pm on June 21.

 

13. Five-star gas or solar heating is provided for pools and spas.

 

14. Energy efficient lighting and control systems are to be provided in all common and outdoor areas including basement car parks in multi unit developments. 

 

15. Gas is to be plumbed into the kitchen and living rooms and any other rooms as desired.

 

16. Open fire places are not to be installed.

 

17. External drying areas are to be available and readily accessible to all dwellings and sited to receive good winter sun and breezes.

 

18. Water flow reducing fittings or flow reduction valves are to be installed to all service outlets.

 

19. Windows and building layout should facilitate summer cooling by cross ventilation.  No dwelling is to rely solely on air-conditioning for thermal comfort.

 

20. Internal rooms reliant on artificial lighting and mechanical ventilation should be minimised.

 

21. All carparking areas should be naturally ventilated.

 

22. Doors and windows and their openings are to have adequate means of draught control.

 

23. Where practical and appropriate, skylights and/or wind powered ventilators are installed to enhance natural light and ventilation.

 

24. Roof spaces are to be ventilated.

 

25. In all dwellings a maximum of 50% of lighting should be incandescent or low voltage.

 

26. Materials selection takes into account the life cycle effect of their manufacture, use and disposal.

 

27. The use of PVC is to be minimised.

 

28. Water efficient plumbing fixtures are to be integrated into the building design including, but not limited to dual flush toilets and low flow shower heads and tap roses (triple A rated).

 

29. In-sink food and waste disposal systems are not to be installed.

 

30. Eight percent (8%) of the floor space of each dwelling is to be provided for storage. Half of the storage area can be in garages, semi-basement enclosures or located externally. Internal storage areas may include linen cupboards, laundry cupboards, under stair areas and built in wardrobes, but kitchen and bathroom storage is excluded from the 8% calculation.

 

31. The design of landscaped areas is to provide for on-site composting.

 

The Master Plan will also be required to be amended such that the ESD principles of precautionary approach, intergenerational equity and conservation of biodiversity and ecological integrity are applied to each of the above-listed measures to further confirm their ecological value.

 

8.9       Site Remediation

 

The site has been impacted by past vegetation clearance and market gardening activities that have disturbed the upper-most portions of the soil profiles. Studies undertaken by the applicant’s environmental consultants indicate that contamination exists on-site primarily in the form of the following:

 

1.   Broken pieces of asbestos cement sheeting were observed on the surface soil adjacent to the concrete slab on the site. Chrysotile and amosite asbestos fibres were detected within pieces of broken sheeting.

 

2.   Concentrations of arsenic, chromium and mercury exceeding NSW EPA provisional phytotoxicity-based guidelines.

 

It should be noted that the Master Plan does not address the issue of potential groundwater contamination arising from, amongst other things, leaching of contaminants from the Women’s Athletics Field on the northern side of Little Bay Road opposite the subject site.  In this regard, further groundwater monitoring should be conducted around areas of concern and assessment made for the possibility of migration of contaminants via ground water. Accordingly, a variation to the Master Plan will be required to be made to address this issue.

 

In relation to the above-listed contamination issues in the site, all works will be required to be carried out in accordance with the requirements of:

 

·    The Contaminated Land Management Act 1997 and Regulations;

·    EPA guidelines made or approved under section 105 of the Contaminated Land Management Act 1997;

·    The Protection of the Environment Operations Act 1997 and Regulations;

·    Council's Contaminated Land Policy 1999;

·    State Environmental Planning Policy 55 - Remediation of Land;

·    DUAP/EPA Planning Guidelines 1997 - Managing Contaminated Land;

 

The site will be required to be remediated to current and safe standards appropriate to the future and on-going use of the land. In the case of asbestos, where no standard exists, Council will require that the site be asbestos free or to be remediated to a level where no unacceptable health risk remains as confirmed by the relevant State and/or Commonwealth Government authority. Council will require the submission of a Site Audit Statement (SAS) and a Summary Site Audit Report for both land and ground water to certify that the site is suitable for unrestricted landuses as identified in the Master Plan.

 

Accordingly, the relevant sections of the Master Plan will be required to be amended to state and provide for the following:

 

1.   A Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format defined by the Contaminated Land Management Regulation 1998 will be prepared and submitted with any development application for the site.  The site audit statement issued to Council shall be unconditional, in that it requires no further monitoring, on going review or remedial actions, and shall cover both land and groundwater. The site Audit Statement must clearly state, where no standard exists, as with asbestos, that the remediated land is at an asbestos free level or to a level where no unacceptable health risk remains as confirmed in writing by NSW Department of Health.  The site must be remediated to not less than the National Environmental Health Forum’s health based soil investigation level (NEHF A) standard. Except in relation to Open space, which must be remediated to not less than (NEHF E) standard.

 

The site audit statement will be developed and prepared in accordance with the following:

 

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

 

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

 

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

 

d)   The Consultant and Auditor, in their assessment of appropriate soil investigation levels, must take into account all environmental concerns and the protection of ground and surface water.

 

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

 

2.   The Site Audit Statement shall be supplemented by an independent and       appropriately qualified professional’s opinion confirming that the site, and in particular the prior use of pesticides, herbicides and the like on the site for market gardening, poses a negligible risk in terms of health related effects and the land is suitable for its intended land use. Should the opinion make recommendations to ensure negligible risk, all recommendations are to carried out and certified.”

 

Once approved by Council, the process outlined in the work plan is to be monitored by the site auditor and validated upon completion of the works by an Environmental Consultant and the Site Auditor.

 

3.   A work plan be prepared in accordance with Australian Standard AS260-2001, Demolition of Structure by a suitably qualified and experienced person, accompanied by written concurrence from the appointed site auditor is to be submitted to Council for their approval. The work plan shall include (but not be limited to);

 

4.   Appointment of a suitably qualified Environmental/Community Liaison Officer, dedicated to the site to ensure strict compliance onsite with all conditions of consent and in particular to ensure all works comply with relevant provisions of the Protection of the Environment Operations Act 1997. The Officer shall also act as a liaison link, first point of contact with the community to act on any complaints arising. A monthly summary report shall be submitted to Council, detailing any complaints and the rectification actions.

 

5.   Establishment of a 24-hour complaints hotline, maintained at all times, the number of which is to be displayed on signage around the perimeter of the site and notified to the surrounding community by newsletter.

 

8.10     Traffic, Transport and Parking

 

A traffic study incorporating analysis of intersection, parking requirements and public transport measures within the site was submitted with the Master Plan. The traffic study calculates that the traffic generation of the proposed development will be about 53 vehicle movements per peak hour and about 560 vehicle movements per day, which is considered low compared to background volumes. The study advises that Little Bay Road has the characteristics of a collector road with an environmental traffic limit of 500 vehicles per hour. As such, traffic volumes on Little Bay Road will remain well below this level even with traffic from both the redeveloped subject site and the Prince Henry Hospital site. The Traffic study has also analysed the operation of intersections on Little Bay Road under future traffic loads. The study indicates that all intersections would operate well under the forecast traffic loads and no capacity improvements would be necessary.

 

The Master Plan was referred to the RTA for comments. No response was received from the RTA. Notwithstanding, Council’s Department of Assets and Infrastructure Services have raised no objections to the Master Plan subject to appropriate details being provided at the development application stage. A number of recommendations which are relevant to the development application stage have been made.

 

The parking provisions of the Master Plan are consistent with Council’s requirements with each dwelling to be allocated 2 off-street spaces per dwelling. In addition, approximately 127 spaces will be provided on-site comprising 74 on-street carparking spaces, 32 spaces within selected development lots (made possible by increasing the setback of buildings by 5m from the front boundary of these selected lots) and 21 spaces along the Little Bay Road frontage.

 

8.11     Flora and Fauna

 

The applicant has submitted a flora and fauna report with the Master Plan, indicating that field investigations on-site recorded no flora or fauna species listed as threatened in the NSW Threatened Species Conservation Act 1995, and no flora or fauna species being part of any “endangered population” listed in the NSW Threatened Species Conservation Act 1995. In addition, the report advises that no “endangered ecologically communities” listed in the NSW Threatened Species Conservation Act 1995 are considered likely to be affected by the proposed development.

 

The study has also addressed the proposal’s obligations under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 with regards impacts on matters of National Environmental Significance (NES). The study advises that one-listed migratory species, the Black Shouldered Kite, was recorded on the subject site. Whilst the study considers that the proposed development would not have a significant impact upon this species, the applicant has referred the proposed development to Environment Australia for confirmation (see Section 7.4 above). Environment Australia has responded, advising that the proposed development is not a “controlled action” pursuant to section 75 of the Commonwealth Act. Accordingly, no action is required pursuant to the Act. The report recommends that all weed material be removed from the site in accordance with the NSW Noxious weeds Act 1993, existing native trees on the site should be considered to be retained, and locally indigenous plant species be used in replanting or landscaping schemes on-site.

 

Council’s Bushland Management Officer advises that the site contains a small portion of remnant bushland. The Officer advises that an on-site meeting should be held with the applicant to identify the remnant vegetation prior to the lodgement of any development application for the site. The Bushland Officer advises that retention/protection of the bushland remnant will not have a significant impact on development within the site. This issue will be dealt with as a matter to be addressed at the development application stage. 

 

8.12     Social Impact

 

The proposal is considered to increase the availability of housing and promote the objectives of the zone. The effect of the proposal is to bring more people to the site with an expected influx of second and third home buyers and families with children. As such, the applicant advises in Section 5.6 of the Master Plan Report that the new population is likely to be younger with a higher median income. In view of this, the social impact of the proposal should be further augmented through the provision of affordable housing on-site. The developer will be required to dedicate one dwelling unit for affordable housing which will increase the availability of housing for low to moderate income house-holds. In this regard it should be noted that LANDCOM, as the owner of the land, have a clear policy of requiring a percentage of affordable housing before projects can proceed. The Master Plan will be required to be amended to provide for the dedication to Council of one terrace unit for affordable housing.

 

The added population on-site will generate additional needs for businesses, employees and patrons, which will in turn encourage the location of services and facilities into the area. The increase in density is not considered to generate an unreasonable demand on the availability of existing services in the locality.

 

8.13     Resident Submissions

 

§ Development will increase population density with no provision of open space. Site should be retained as opens space.

 

The proposal is consistent with State government urban consolidation policy which facilitates the development of surplus land through the provision of housing near existing transport and community facilities to ensure the efficient use of urban land. The proposal will provide for adequate open space within the development site. There are existing open space areas in the locality comprising Woomera Reserve and the Women’s Athletics Field.

 

§ Site is subject to flooding.

 

The applicant has submitted a flood study in conjunction with the master plan which determines the 1 in 100 year flood levels through the site. The applicant has further advised that the floor level of all habitable and storage areas shall be a minimum of 300 mm above the determined 1 in 100 year flood level. Council will require the flood study to be independently assessed and approved prior to the flood levels being adopted and the final floor levels set.

 

§ Not clear if the proposal will provide private or community housing.

 

      The proposal is for private housing under a Community Title sub-division scheme. The proposal is not public housing.

 

§ All services/utilities should be kept underground to eliminate potential eyesore and encourage tree growth.

 

      Details of the location of all services/utilities underground are a matter that will be required to be shown at the development application stage.

 

§ Developer should contribute to beautification of Little Bay Road including street tree planting.

 

      The applicant will be required to meet the cost of tree planting along Little Bay Road and Bunnerong Road as per Council’s Street Tree Master Plan.

 

§ Traffic movement and impact on the Bunnerong Road and Little Bay Road intersection has been underestimated.

 

The applicant has submitted a traffic report which indicates that intersections in the vicinity of the site will operate satisfactorily under future traffic loads and that future traffic volumes on Little Bay Road would remain within its environmental capacity, inclusive of the future expected traffic generation of the Prince Henry Hospital redevelopment site.

 

 

9.         VARIATIONS:

 

An assessment of the draft Master Plan together with the consideration of issues raised during the consultation process has identified a number of issues in the plan which require variations. The variations are discussed in the body of this report and are detailed in Part A – Schedule of Variations below.  These variations need to be incorporated in the revised Master Plan and be submitted to Council.

 

RECOMMENDATION:

 

1.         THAT Council Adopt the Master Plan for 1-81 Little Bay Road received by Council on 15 November 2002 in accordance with amendments received by Council on 17 February 2003 Attachment 1-Amendments to the Master Plan and subject to the variations and requirements outlined in Part A -Schedule of Variations of this report.

 

2.         THAT the applicant be requested to provide a revised Master Plan document, incorporating the amendments in Attachment 1-Amendments to the Master Plan and variations in Part A - Schedule of Variations of this report, prior to the lodgement of any development application.

 

3.         THAT the applicant be advised that the issues specified in Part B – Matters to be addressed in Future Development Applications of this report be submitted with future development applications for the proposed development.

 

4.         THAT the Master Plan be adopted for 5 years from the date of its adoption being 25 March 2003.

 

Part A – Schedule of Variations

 

1.         The relevant section of the Master Plan be amended to provide for a detailed list of design principles specifically addressing the proposed layout, orientation, building design envelope and amenity impacts of the proposed development including (but not limited to) the following:

 

1.1       Building design is to achieve architectural consistency with blocks to be developed in a holistic and cohesive manner.

 

1.2       Building facades to streets are to incorporate the following design characteristics:

§ Well proportioned and spaced windows appropriate to their orientation;

§ Architectural features at ground level that reinforce dwelling address such as entrance porches;

§ Well balanced projected and recessed sections of balconies;

§ Use of appropriate environmental controls such as verandahs, sliding screens, window hoods and the like;

§ Coordinated and compatible materials and finishes where neutral colours predominate with strong colours limited to accent elements up to a maximum of 10% of the façade area.

 

1.3       All dwellings are to be designed to achieve cross-ventilation

 

1.4       Building fronts and entries are to be readily apparent from the street and convey a sense of address.  Buildings fronting the public street must have their main entrance and windows from some habitable rooms facing the street. Building detailing and articulation must enable dwellings to be identified from the street.

 

1.5       Buildings are to be aligned predominantly parallel to the street boundary and predominantly to the street setback line.

 

1.6       To ensure that garages, parking structures and parking areas are located and designed so they do not to dominate the street frontage.

 

1.7       Carports and garages fronting public streets are to have a maximum opening width of 6 m or 1/3 of the width of the lot, whichever is less.

 

1.8       Garages are to be located within the building envelope of the associated dwelling and behind the front building line.

 

1.9       Carports are to be located behind the front building line of the associated dwelling.

 

1.10     Carports and garages fronting public streets are to be integrated with building design.

 

1.11     Building facades are to provide environmental amenity through sun shading devices, privacy screens and noise barriers combined with useable outdoor areas.

 

1.12     Fences on street frontages are designed to address the amenity of the street, surveillance and safety, security of private property, and the use of front garden space.

 

1.13     Solid front fences facing the street are to be no higher than 1.2m.

 

1.14     Ensure a safe physical environment by promoting crime prevention through design.

 

2.         The relevant section of the Master Plan be amended to state clearly that the proposed development will not be a gated estate and that appropriate provisions for 24 hour unrestricted public access into the proposed development are made.

 

3.         The table in page 22 of Volume 1 – Master Plan Report be amended to show the following:

 

§ External wall height for Large Houses, Medium Houses and Small Houses shall be 7.0m

 

§ Rear setback to Large Houses shall be 6m.

 

§ Rear setback for Terraces shall be a minimum average setback of 6m with no part of the building closer than 4.5m from the rear boundary, and the maximum length of any one section of wall (without any articulation) is 10m. The minimum length of any step is 3m.

 

§ Soft landscaped area for terrace houses shall be 25%.

 

4.         The allotment sizes shown in the table on page 20 of Volume 1 – Master Plan Report to be substituted with the allotment sizes shown in Figure 3 – Dwelling Mix Plan of the same report.

 

5.         The relevant section of the Master Plan be amended to incorporate the following:

 

§ Justifications and principles for the proposed road design.

 

§ A clear statement that the Neighbourhood Management Plan for the proposed community title sub-division will contain provisions for management of traffic and control of carparking within the proposed development pursuant to the Community Land Development Act 1989. 

 

§ A clear statement that all roads and other common property within the development will remain Neighbourhood Property under the provisions of the Community Land Development Act 1989 and will not be dedicated to Council.

 

6.         The relevant sections of the Master Plan be amended to provide for an increase in the width of proposed roads as follows:

 

§ The Type A carriageway width be widened to a minimum of 8.75metres, (2.3m parking lane, 3m southbound lane, 3metre northbound lane that is 0.45metres clear of the western kerb alignment). If the total road reserve is to be maintained as the proposed 15 metres, the verge widths will be reduced to approximately 3.12 metres.

 

§ The Type B carriageway width be widened to a minimum of 5.75metres, (2.3m parking lane, 3m travel lane clear of the parking lane and 0.45metres clear of the kerb alignment). The increased carriageway width will have only a minor impact on the verge widths.

 

§ The Type C carriageway width be widened to a minimum of 5.75metres, (2.3m parking lane, 3m travel lane clear of the parking lane and 0.45metres clear of the kerb alignment). The increased carriageway width will have only a minor impact on the verge widths however the proposed 1.0metre wide verge cannot have its width reduced.

 

7.         The relevant sections of the Master Plan be amended to state and indicate that all footpaths will be suitable for disabled and older persons. Details of designs will be provided at the development application stage.

 

8.         The relevant section of the Master Plan be amended to incorporate the following:

 

§ Justifications and design principles for the proposed use of the creek corridor as open space.

 

§ A clear statement that the Neighbourhood Management Plan for the proposed community title sub-division will contain provisions for insurance undertakings to cover all liabilities in the subject site pursuant to the Community Land Development Act 1989. 

 

§ Details of the type, extent and provisions of the insurance cover in conjunction with a full risk management assessment in the future proposed development.

 

§ A clear statement that maintenance of the open space will be undertaken through the community title arrangements proposed for the development under the Community Land Development Act 1989. Provisions for maintenance of the creek corridor will be contained in a Neighbourhood Management Statement required under the Act Council

 

9.         The open space will be the subject of detailed design at the development application stage and the issue of management of the open space will also be addressed at the development application stage.

 

10.       The relevant section of the Master Plan to be amended to provide for affordable housing in the proposed development which will involve the dedication to Council of one terrace dwelling unit for affordable housing.

 

11.       The Ecologically Sustainable Development measures listed in page 34 to 35 of Volume 1 – Master Plan Report be amended as follows:

 

§ Dot point No. 9, Section 4.19, Page 34 to read: “Provision of rainwater tanks in all detached dwellings for garden watering, irrigation systems, outdoor uses and toilet flushing and washing machine use”.

 

§ Dot point No. 10, Section 4.19, Page 34 to read: “Provision of gas-boosted 5-star solar hot water heating”.

 

12.       The Ecologically Sustainable Development measures listed in page 34 to 35 of Volume 1 – Master Plan Report be extended to include the following additional measures:

 

12.1     All buildings will demonstrate energy efficient design achieving a NatHERS rating of not less than 3.5 stars.

 

12.2     Roof water from all buildings will be directed to private rainwater tanks for non-potable water reuse purposes.

 

12.3     Porous paving will be utilised on all private allotments.

 

12.4     Water smart plumbing fixtures will be integrated into building design.

 

12.5     The gross pollutant traps, located at each discharge point, will be designed to treat all run off to the 3 month ARI magnitude and will remove liquids (grease and oils), litter and sediments. Other innovative methods to reduce nutrients and pathogens in the first flush to be developed in conjunction with Council.

 

12.6     The landscaping, orientation, siting and dwelling layout are to ensure solar access to living areas and private open space and maximise use of cooling breezes.

 

12.7     The design of a development is to minimise overshadowing of neighbours’ dwellings, their private open space or any solar collectors.

 

12.8     Windows are to be located, sized and shaded to maximise sunshine access and penetration in winter and exclude it in summer, with large windows facing a northerly direction. Western and south western orientation of large expanses of glass is to be generally avoided or minimised and protected with effective shading devices.

 

12.9     Window shading devices are to be provided and designed for the window’s orientation and exposure to hot summer sun. Shading devices can include external screens, hoods, overhanging balconies, eaves, verandahs or pergolas.

 

12.10   Trees and plants are to be selected and planted to provide shade in summer yet also allow winter sun entry.

 

12.11   The principle living room of dwellings is to have at least 3 hours sunlight reaching 2 m2 of glazing to that room between 9.00am and 3.00pm on June 21; and sunlight is to be available to the principal area of ground level private open space for at least 3 hours between 9.00am and 3.00pm on June 21.

 

12.12   Sunlight is to be available to the principal area of ground level private open space for at least 3 hours between 9.00am and 3.00pm on June 21.

 

12.13   Five-star gas or solar heating is provided for pools and spas.

 

12.14   Energy efficient lighting and control systems are to be provided in all common and outdoor areas including basement car parks in multi unit developments. 

 

12.15   Gas is to be plumbed into the kitchen and living rooms and any other rooms as desired.

 

12.16   Open fire places are not to be installed.

 

12.17   External drying areas are to be available and readily accessible to all dwellings and sited to receive good winter sun and breezes.

 

12.18   Water flow reducing fittings or flow reduction valves are to be installed to all service outlets.

 

12.19   Windows and building layout should facilitate summer cooling by cross ventilation.  No dwelling is to rely solely on air-conditioning for thermal comfort.

 

12.20   Internal rooms reliant on artificial lighting and mechanical ventilation should be minimised.

 

12.21   All carparking areas should be naturally ventilated.

 

12.22   Doors and windows and their openings are to have adequate means of draught control.

 

12.23   Where practical and appropriate, skylights and/or wind powered ventilators are installed to enhance natural light and ventilation.

 

12.24   Roof spaces are to be ventilated.

 

12.25   In all dwellings a maximum of 50% of lighting should be incandescent or low voltage.

 

12.26   Materials selection takes into account the life cycle effect of their manufacture, use and disposal.

 

12.27   The use of PVC is to be minimised.

 

12.28   Water efficient plumbing fixtures are to be integrated into the building design including, but not limited to dual flush toilets and low flow shower heads and tap roses (triple A rated).

 

12.29   In-sink food and waste disposal systems are not to be installed.

 

12.30   Eight percent (8%) of the floor space of each dwelling is to be provided for storage. Half of the storage area can be in garages, semi-basement enclosures or located externally. Internal storage areas may include linen cupboards, laundry cupboards, under stair areas and built in wardrobes, but kitchen and bathroom storage is excluded from the 8% calculation.

 

12.31   The design of landscaped areas is to provide for on-site composting.

 

13.       Section 4.10 of Volume 1 - Master Plan Report be amended to incorporate an assessment of each of the measures shown in page 34 to 35 of Volume 1 – Master Plan Report and the additional measures listed above, to demonstrate compliance with the Ecologically Sustainable Development criteria of precautionary approach, intergenerational equity and conservation of biodiversity and ecological integrity.

 

14.       Section 4.11 of Volume 1 - Master Plan Report be amended to incorporate the following:

 

14.1     A Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) in the format defined by the Contaminated Land Management Regulation 1998 will be prepared and submitted with any development application for the site.  The site audit statement issued to Council shall be unconditional, in that it requires no further monitoring, on going review or remedial actions, and shall cover both land and groundwater. The site Audit Statement must clearly state, where no standard exists, as with asbestos, that the remediated land is at an asbestos free level or to a level where no unacceptable health risk remains as confirmed in writing by NSW Department of Health.  The site must be remediated to not less than the National Environmental Health Forum’s health based soil investigation level (NEHF A) standard. Except in relation to Open space, which must be remediated to not less than (NEHF E) standard.

 

The site audit statement will be developed and prepared in accordance with the following:

 

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

 

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

 

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

 

d)   The Consultant and Auditor, in their assessment of appropriate soil investigation levels, must take into account all environmental concerns and the protection of ground and surface water.

 

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

 

14.2     The Site Audit Statement shall be supplemented by an independent and appropriately qualified professional’s opinion confirming that the site, and in particular the prior use of pesticides, herbicides and the like on the site for market gardening, poses a negligible risk in terms of  health related effects and the land is suitable for its intended land use. Should the opinion make recommendations to ensure negligible risk, all recommendations are to be carried out and certified.

 

Once approved by Council, the process outlined in the work plan is to be monitored by the site auditor and validated upon completion of the works by an Environmental Consultant and the Site Auditor.

 

14.3     A work plan be prepared in accordance with Australian Standard AS260-2001, Demolition of Structure by a suitably qualified and experienced person, accompanied by written concurrence from the appointed site auditor is to be submitted to Council for their approval. The work plan shall include (but not be limited to);

 

14.4     Appointment of a suitably qualified Environmental/Community Liaison Officer, dedicated to the site to ensure strict compliance onsite with all conditions of consent and in particular to ensure all works comply with relevant provisions of the Protection of the Environment Operations Act 1997. The Officer shall also act as a liaison link, first point of contact with the community to act on any complaints arising. A monthly summary report shall be submitted to Council, detailing any complaints and the rectification actions.

 

14.5     Establishment of a 24-hour complaints hotline, maintained at all times, the number of which is to be displayed on signage around the perimeter of the site and notified to the surrounding community by newsletter.

 

Part B – Matters to be addressed in Future Development Applications

 

1.         Demonstrated consistency with all the requirements and variations of the approved Master Plan.

 

2.         The design of the proposal will be consistent with the list of design principles required under requirement No. 1 in Part A – Schedule of Variations of this report.

 

3.         Details of the design of the roads within the proposed development and management of traffic and parking on these roads to be submitted.

 

4.         Increase in the width of the proposed  roads as follows:

 

§ The Type A carriageway width be widened to a minimum of 8.75metres, (2.3m parking lane, 3m southbound lane, 3metre northbound lane that is 0.45metres clear of the western kerb alignment). If the total road reserve is to be maintained as the proposed 15 metres, the verge widths will be reduced to approximately 3.12 metres.

 

§ The Type B carriageway width be widened to a minimum of 5.75metres, (2.3m parking lane, 3m travel lane clear of the parking lane and 0.45metres clear of the kerb alignment). The increased carriageway width will have only a minor impact on the verge widths.

 

§ The Type C carriageway width be widened to a minimum of 5.75metres, (2.3m parking lane, 3m travel lane clear of the parking lane and 0.45metres clear of the kerb alignment). The increased carriageway width will have only a minor impact on the verge widths however the proposed 1.0metre wide verge cannot have its width reduced.

 

5.         Details of the design of all footpaths showing that footpaths will be suitable for disabled and older persons to be submitted.

 

6.         Details of design of the proposed open space and management of the open space including, but not limited to, liability issues.

 

7.         Demonstrated consistency with the principles of ecologically sustainable development as stated in the revised Master Plan addressing the design and location of the buildings, open space and roads.

 

8.         Demonstrated compliance with Council’s DCP in relation to car parking proposed for the relevant components of the development including adequate spaces for ambulance and service vehicles.

 

9.         Details to demonstrate that the requirements of the Department of Land and Water Conservation as outlined in the Departments letter dated 10 March 2003 have been met.

 

10.       Details to demonstrate that the requirements of Fisheries NSW as detailed in the Departments letter dated 30 January 2003 have been met.

 

11.       Details of measures to promote and achieve energy efficiency in the design, construction and use of housing; promote the use of re-usable, recyclable and renewable resources in construction; promote reductions in energy costs in demolition and construction, promote the use of passive solar design; and protect solar access of each proposed dwelling.

 

12.       Stormwater is to be drained to a silt arrestor pit prior to discharging to either an infiltration area or the public stormwater drainage system.

 

13.       Details of rainwater storage to be provided and integrated into the building design. Suitably sized tanks are to be designed to meet demands of the building. The storage capacity per dwelling house should be 5,000 L unless demonstrated otherwise, multi-unit dwellings will require site-specific analysis of tank size to meet the internal and external demand needs. Rainwater storage shall incorporate the following:

 

§ Rainwater storage must be fitted with a first flush rainwater diverter, be suitably enclosed to prevent any animals or sediment entering and must also be childproofed.

 

§ A dual water supply scheme to trickle top up the tank when rainwater level falls below a minimum level shall be utilised.

 

§ Rainwater storage must be fitted with appropriate backflow devices, standard air gap separation and flotation devices, in accordance with Sydney Water and manufacturer requirements.

 

§ Rainwater storage and supporting structure must be visually screened and integrated into the building design.

 

§ Rainwater storage must be mosquito proofed.

 

§ Rainwater storage water supply taps and any other fixtures must be marked “Rainwater - Not for human consumption”.

 

§ Rainwater storage must be installed in accordance with manufactures recommendations and relevant Australian Standards, with plumbing work being carried out by a licensed plumber.

 

14.       An environmental education toolkit and resource package is to be provided for all residents detailing the design features and maintenance requirements for the sustainability features of the development, such as (but not limited to):

§ rainwater tanks;

§ water conservation devices;

§ solar powered devices;

§ energy conservation devices;

§ composting; etc

Where practical maintenance instructions are also to be attached to the particular feature, such as a rainwater tank.

 

15.       Details of landscaping and landscape design for the site which will include, but not be limited to, full landscape design details for the creek corridor/riparian zone, street trees and species along Bunnerong Road, Little Bay Road and internal roads.

 

16.       An on-site meeting between the proponent and council’s bushland staff to identify the remnant bushland vegetation on-site and appropriate assessment of the impact of the proposal on the remnant bushland.

 

17.       Details of weed control strategy.

 

18.       A public utility impact assessment for all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

19.       Details showing all public utility services located within the development site shall be suitably located underground and in compliance with the requirements/conditions imposed by the various service authorities.

 

20.       Details of civil works to be undertaken in Bunnerong Road, at the intersection of Bunnerong Road and Little Bay Road and Little Bay Road. The civil works may extend past the Bunnerong Road and Little Bay Road site frontages should this be required to produce a better design solution. The civil works shall include, but not be limited to, kerb and gutter construction, drainage works, road construction/reconstruction works, construction of footpaths, (3metres wide for shared pedestrian cycleways), and construction of traffic control measures. All civil works within Bunnerong Road and Little Bay Road shall be undertaken in accordance with Council’s Policy for "Vehicular Access and Road and Drainage Works". The applicant will meet the full cost for significant

 

21.       Details of the design of sections of the internal roads that connect the development site with Little Bay Road such that the internal roads are clearly identifiable as roads under the proposed community title sub-division.

 

22.       Details of road pavements where all road pavements must be designed for a minimum forty-year design life.

 

23.       Details of all civil works within the development site carried out in accordance with Council’s construction specifications.

 

24.       Detailed waste management plan setting out the proposed method for collection of domestic waste for the development site. The applicant shall note that satisfactory collection of domestic waste may require minor alterations/modifications to the proposed road network and or travel lane/footpath/parking lane configuration of the road network.

 

25.       The applicant will be required to meet the costs for Council to engage an independent consultant to review the floodstudy as part of the development application assessment. The floodstudy will need to be approved prior to the flood levels being adopted and the final floor levels set. It is noted that the floor level of all habitable and storage areas shall be a minimum of 300 mm above the determined 1 in 100 year flood level.

 

26.       Consideration be given to applicant shall note that Council may request that an easement be created over the creek (up to the 1 in 100 year flow boundaries). Alternatively, consideration may be given to creating a drainage reserve over the creek, with the DLWC as the nominated responsible authority.

 

27.       Consideration be given to Council imposing a positive covenant (and possibly a restriction as to user) over the creek area to ensure that the area is suitable maintained.

 

28.       Low points along Little Bay Road and one on Binda Crescent should be drained though pipes sized for the 20 year ARI with provision for overland flow up to the 1 in 100 year storm event. The piped stormwater and overland flow shall be discharged to the creek and easements shall be created over the pipes and overland flow paths.

 

29.       Details of the size and location of existing pipelines and easements should be determined especially in view of the fact that the piped stormwater and overland flow shall be discharged to the creek and easements shall be created over the pipes and overland flow paths. The velocity depth restriction of VD£ 0.4 for a 1 in 100 year storm should be applied along the overland flow paths.

 

30.       In accordance with Council’s current practises, each new dwelling house will be required to provide a minimum 5 metres square base infiltration area. This will reduce stormwater runoff from the development site during smaller storm events.

 

31.       The minor stormwater system should be designed for the 20 year ARI as proposed, and the major system shall cater for flows up to the 100 year ARI.

 

32.       Details of a maintenance schedule for the GPT’s, bioretention swales and creek. In this regard, as part of ongoing stormwater studies relating to stormwater inundation of areas downstream from the Master Plan site, Council may require the construction of an onsite stormwater detention area in that section of Bunnerong Road immediately west of the development site.

 

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILLI

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 

 

 



 

General Business

 

Notice of Rescission Motions