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

 

 

3 June 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, 10TH JUNE 2003 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING AND PLANNING COMMITTEE MEETING HEL D ON TUESDAY, 13TH MAY, 2003.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                        

DEVELOPMENT APPLICATION REPORT - 6 BEDFORD PLACE, COOGEE.

2

 

5.2                        

DEVELOPMENT APPLICATION REPORT - 24 INMAN STREET, MAROUBRA.

7

 


 

5.3                        

DEVELOPMENT APPLICATION REPORT - RANDWICK COOGEE (MCIVERS) LADIES BATHS, 151-191R BEACH STREET, COOGEE.

55

 

5.4                        

DEVELOPMENT APPLICATION REPORT - 2- 4 ALEXANDRIA PARADE, SOUTH COOGEE.

79

 

5.5                        

DEVELOPMENT APPLICATION REPORT - 100-120 KING STREET, RANDWICK.

99

 

 

6           General Business

 

7           Notice of Rescission Motions

 

 

 

 

 

…………………………………

GENERAL MANAGER.


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

27 May, 2003

FILE NO:

DA 396/02

 

PROPOSAL:

 Section 96 modification to the original Development Consent seeking to cement render and paint facade of the existing semi detached dwelling

PROPERTY:

 6 Bedford Place Coogee

WARD:

 East Ward

APPLICANT:

 M Brown

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Health, Building and Planning Committee at the request of Councillor’s Matson, Backes & Whitehead

 

The Section 96 application seeks retrospective approval for the cement rendering and painting of the façade of the semi detached dwelling. The rendering and panting of the semi-detached dwelling has been undertaken in a sympathetic manner that complements the adjoining semi and does not compromise the architectural integrity of building.

 

The application is recommended for approval.

 

2.    THE PROPOSAL

 

The application details a Section 96 modification to the original Development Consent for the cement rendering and painting of the façade of the dwelling.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Bedford Place, which is intersected by Malabar Road and Denning Street, and contains a mixture of semi detached dwellings and multi unit housing development.

 

The subject site has a total area of 348m5 and is comprised of a semi detached dwelling to which alterations and additions have recently been carried out.

 

4.    SITE HISTORY

 

The premises has been the subject of a previous Development Application which sought consent for alterations and additions to the dwelling, including a first floor addition. Consent was originally granted under Delegated Authority on the 23 rd August 2002, and the works the subject of this application are almost complete.

 

Council has been the recipient of a number of complaints from the owners of the adjoining semi detached dwelling, 4 Bedford Place, the first on the 23rd November 2002, concerning the unauthorised rendering of the subject premises. As a result of these complaints a Notice of Intention to serve and Order with respect to the unauthorised rendering was served upon the owner of the 4th December 2002.

 

In response to this Notice of Intent, the owner of the premises Ms Marie Brown notes that she was advised by her builder that the existing state of the brickwork and mortar joints was resulting in water damage to the premises and the simplest and most cost effective way to solve the problem was to cement render the brickwork. In addition Ms Brown advises that she was not aware that Council approval was required to render the dwelling.

 

This Section 96 application has been lodged by Ms Brown, seeking retrospective consent for cement rendering and painting of the dwelling.

 

5.    COMMUNITY CONSULTATION:

 

Notification of the proposed modification to the consent was carried out as detailed in Clause 23 of the Randwick LEP.

 

5.1  Objections

 

N Noyes & S Aylward of 4 Bedford Place Coogee

 

-the cement rendering of one half of a pair of semi detached dwellings is a breach of Council regulations.

-the owners of the subject premises had previously been advised by the objectors that the rendering of their semi detached dwelling would be opposed in that it would obliterate the feature brickwork to the building, and there are other means of carrying out maintenance to the brick work other than the simple rendering of the building.

 

Comment:

 

The cement rendering of the dwelling is only a specific breach of Council regulations in that it was carried out without the necessary prior consent of Council. If consent had been sought, it is considered that a detailed assessment of the proposal would have resulted in consent being granted.  The subject semi is not a heritage item or within a conservation area and as such retention of feature brick work would be unreasonable.

 

6.   SECTION 96 ASSESSMENT:

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with: -

 

6.1   Substantially the Same Development:

 

The proposed modification is relatively minor and will not result in any significant additional impacts upon either the amenity of the adjoining premises or the streetscape and therefore the proposed modification to the original development proposal is considered to represent substantially the same development as that originally approved.

 

7.    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.

 

7.1   Streetscape

 

Bedford Place contains a variety of semi detached dwellings, of which some have been modified, and multi unit housing development. To the east of the subject premises the existing dwelling on the corner of Denning Street is currently under going extensive renovation, which will result in a contemporary style dwelling and to the western corner of Malabar Road the existing three storey commercial/residential building has in part been rendered.

 

It is considered that the buildings in the existing locality have a diversity of treatments and finishes to their facades and that the rendering and painting of the subject premises will not result in a significant impact upon the character of Bedford Place or the locality.

 

The rendered semi has also be painted in a dark colour which is compatible within the colour of the brickwork on the adjoining semi.  Whilst it would be preferable to maintain an identical presentation for both sides of the semis it would be unreasonable to do so given that the rendered and painted finish achieves a positive degree of visual integration and that the building is not a heritage item or within a conservation area.

 

8          CONCLUSION

 

The proposed modification to the original consent satisfies Section 96 of the Environmental Planning and Assessment Act, 1979 in that it will constitute substantially the same development, and in addition the proposed modifications will not result in any significant additional adverse impacts upon either the amenity of the adjoining premises or the streetscape. It is therefore considered that the modification to the original Development Consent is reasonable and consent should be granted to the application.

 

RECOMMENDATION:

 

THAT Council as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to vary conditions of Development Consent No.396/02 for permission to carryout alterations and additions to the dwelling at 6 Bedford Place Coogee as follows:-

 

Condition No.1 is altered to read as follows

 

“1.        The development must be implemented substantially in accordance with the plans numbered 20/02, dated 29th December 2002 and received by Council on the 6th 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.

 

ATTACHMENT/S:

 

A4 reduced plan

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

ACTING DIRECTOR OF PLANNING & ENVIRONMENT

ASSESSMENT OFFICER

 



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

8 May, 2003

FILE NO:

522/02/GA

 

PROPOSAL:

 Demolition of the existing dwelling house and to erect a new two storey dwelling house with double garage under.

PROPERTY:

 24 Inman Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 Archivision Design

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

A previous application DA738/2001 for the demolition of the existing dwelling house and the erection of a new two storey dwelling house with double garage under, was considered by Council’s Health Building and Planning Committee meeting held on 12 February 2002.The application was ultimately withdrawn.

 

One submission by way of objection to the proposal was received. The concerns raised with the proposal are overshadowing/loss of light, loss of views, floor space ratio, and enclosing effect.

 

The main issues regarding the proposal are considered to be overshadowing and loss of views resulting from the rear two storey bulk and setbacks of the proposed building.

 

The recommendation is for refusal of the application.

 

2.    THE PROPOSAL

 

It is proposed to demolish the existing brick dwelling house and metal carport on the site and to erect a new, two storey, 4-bedroom dwelling house with double garage under. The proposed ground floor level will accommodate three bedrooms, a rumpus room, bathroom and laundry with shower and toilet facilities. The proposed first floor level accommodates a family/ lounge room, dining room, kitchen, a master bedroom with ensuite bathroom and walk in robe, and a water closet. Front balconies are proposed on both the ground and first floor levels, and a rear balcony off the proposed family lounge at the first floor level. At the basement/ garage level, a double garage and adjacent storeroom is proposed. Internal stair access is proposed from the rear of the double garage to the ground floor level.   

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the western side of Inman Street. It contains a freestanding, single storey, brick dwelling house with a northern side driveway to a metal carport. The site has dimensions 12.19m wide by 35.95m long, and a site area of  approximately 427.26sq.m.

 

Adjoining to the north at No.22 Inman Street is a freestanding, rendered and painted, two storey dwelling house with garaging under. To the south at No.26 Inman Street is a freestanding, two storey, brick and weatherboard dwelling house with mansard roof to the first floor level and single-car garage under. Further to the south are residential properties fronting Torrington Road.

 

      Adjoining to the west (i.e. rear) are the rear yards of dwellings fronting Lurline Street.  

 

      The site falls approximately 3.0m from the rear to the front boundary.

 

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

              90/00001/DZ             Erect a 2 storey dwelling house. Approved 23/02/90.  

 

90/00316/BZ             New dwelling. Approved 08/05/90   

 

  90/00001/DZA           Modify consent of 23/2/90 by altering conditions 1, 4, 5 & 6. Approved 19/03/90.  

 

              68/00426/BZ             Erect metal carport. Approved 1968

 

01/00007/XA             Pre-lodgement meeting. Proposed new two storey dwelling   house with double garage under. Advice issued 06/02/01. 

 

DA738/2001              Demolition of the existing dwelling house and erection of a new two storey dwelling house with double garage under. Application withdrawn 21 February 2002.

 

DA738/2001 for the demolition of the existing dwelling house and the erection of a new two storey dwelling house with double garage under, was considered by Council at its Health Building and Planning Committee meeting held on 12 February 2002 when it was resolved:

 

“That this application be deferred for mediation, with advice as to whether or not the parties are prepared to enter into mediation to come before the Ordinary Council Meeting on 26 February, 2002. “

 

The applicant subsequently advised that they were not interested in mediation as it was their intention to prepare and submit a revised proposal under a separate development application to Council.

 

Subsequently, the application was withdrawn and the applicant was advised by Council’s Officer to discuss any revised proposal with the adjoining property owners, prior to lodgement of a development application.

 

Following lodgment of the subject application, on 16 August 2002 an on-site meeting was held between Council’s assessing officer Steven Hughes and the applicant Mr Chris Boniface of Archivision Design. At this meeting, impacts of view loss and loss of sunlight and natural light to the rear windows and courtyard area of the adjoining dwelling house to the south at No.26 Inman Street were discussed, and amendments suggested to reduce these impacts. Since that meeting, and following a number of requests for amended plans, no amended plans have been forthcoming.

 

5.    COMMUNITY CONSULTATION:

 

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

5.1  Objections

 

R and H Bobbitt

26 Inman Street

MAROUBRA 2035

 

Concerns:

-     overshadowing and loss of natural light to north facing windows and the rear courtyard

-     enclosing effect on rear courtyard area

-     loss of coastal and district views from rear windows and courtyard area.

-     excess FSR

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Landscape Issues

 

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

 

1.   One street tree specimen of Banksia integrifolia (Coast Banksia) located along the front of the site along Council’s nature strip. This tree is in the order of approximately 1m in height appears in good condition and is not covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree on the condition a suitable replacement tree (not palm) is planted on Council’s nature strip.

 

2.   One street tree specimen of Metrosideros excelsa (New Zealand Christmas Bush) located along the eastern part of the site on Council’s nature strip. This tree is in the order of 6-7m in height appears in good condition and is covered by Council’s Tree Preservation Order. This tree should be retained as part of this application and tree protection measures will required during construction.

 

7.    MASTER PLANNING REQUIREMENTS

 

A Master Plan is not required as the site is less than 4000sq.m.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

Yes

Proposal satisfactory

43

Heritage Item of Conservation Area

No

N/A

46

Vicinity of Heritage Item

No

N/A

 

8.1  Policy Controls

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

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

·    Design minimise  energy  for heating, cooling.

·    High thermal mass materials.

·    Solar hot water systems.

·    Insulated hot water pipes.

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

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

·    Task lights.

·    Maximised natural lighting.

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

 

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

 

 

 

 

 

 

 

P3  Design minimises use of mechanical appliances.

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise  energy requirements.

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

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

 

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

 

 

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

 

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

 

P10  Construction materials are energy efficient and recyclable.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

S2  Private open space

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

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

 

 

 

 

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

 

 

No Nat HERS Certificate submitted with application however, this may be lodged at Construction Certificate stage.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

Complies.

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

 

See Section 9.9.

 

 

 

 

 

 

 

 

 

 

See Section 9.9.

 

 

 

 

 

 

 

 

 

Complies.

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

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

 

Complies. Site stormwater will be drained to the street.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Can be required by condition of consent.

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

·      allows year-round use

·      minimises impact on neighbours

·      addresses privacy and sun access

·      addresses surveillance, privacy and security.

 

P3  Local indigenous plant species used.

 

P4  Existing trees and shrubs retained.

 

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

 

P6  Unpaved or unsealed landscaped areas are maximised.

S1  40% of the total site area is landscaped.

 

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

 

Approximately 233.7sq.m or 54.69%. Complies.

 

Complies

 

 

 

Complies

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approximately 184.6 sq.m or  43.20% available as soft landscaped area. Complies.

FLOOR AREA

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

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

Preferred solution is 0.60:1.

 

Proposed is

0.855:1. Does not comply. Refer to Section 9.2.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

 

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

 

 

 

P6  Design allows view sharing.

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

 

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

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

 

 

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

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

 

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

 

Proposed maximum 7.8m at north-eastern corner. See Section 9.3.

 

N/A

 

 

 

 

 

 

 

Maximum cut 1.3m at south eastern corner of site. Complies via condition of consent. See Section 9.1.

 

Complies.

 

 

Complies.

 

 

Complies.

 

 

 

 

 

N/A

 

 

 

 

 

 

 

Does not comply. See Section 9.10.

BUILDING

SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

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

Front Setback

 

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

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

 

Side Setbacks

 

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

 

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

 

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

 

 

 

Complies.

 

 

 

 

 

 

Proposed 11.1m approx. to rear face of first floor balcony. Complies.

 

 

 

 

 

Proposed 1500mm from southern side boundary. Complies.

 

1340mm from northern side boundary. Does not comply with preferred solution; however, performance requirement will be satisfactorily met. See Section 9.4.

 

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

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

 

 P1  Buildings provide comfortable living and sleeping environment.

 

P2  Entries are readily identifiable.

 

 

 

 

 

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

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

 

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

 

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

 

 

 

 

S3  Buildings comply with

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

 

S1,2,3  Front doors visible from street.

 

 

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

 

S2  Street number displayed.

 

S3  Fences comply with fencing requirements.

 

 

 

 

 

 

 

 

 

 

Can comply  via condition of consent. See Section 9.5.

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

N/A

 

 

 

 

 

 

Complies.

 

 

 

Complies.

 

 

 

Can comply via condition of consent.

 

Can comply via condition of consent.

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

             enable the efficient use of car spaces.

             safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

 

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

 

P4  Car parking areas and accessways facilitate stormwater infiltration on site.

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

 

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

 

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

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

 

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

 

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

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

 

 

 

 

2 spaces required. Double garage proposed-complies.

 

Dimensions, gradients and setbacks comply.

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

Complies.

 

 

 

 

 

Proposed garage opening and driveway spans approx. 43.5% of site frontage-does not comply with preferred solution; however performance requirements and objectives will be satisfactorily met.

 

 

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

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

 

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

 

 

 

 

Will comply subject to conditions.

 

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   Landscaping

 

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

 

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

 

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

 

        The proposal will meet the preferred solutions of the DCP in relation to landscaping. In order to improve the appearance of the development from the street, and to maintain natural topography and reduce unnecessary excavation within the front setback of the building, it is recommended that the proposed retaining wall be repositioned to the southern edge of the driveway and that the existing ground levels in this area of the front yard be retained and suitably landscaped.

 

9.2   Floor Area

 

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

 

        The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies. The proposed FSR including the proposed storeroom at the garage level and the proposed terraces/balconies (being in excess of 40sq.m in total area) is 0.855:1. Excluding the storeroom at garage level and the terraces/balconies, the FSR would be 0.635:1- a departure of 15.12sq.m from the preferred FSR solution of 0.6:1. The proposed storeroom does not contribute additional building bulk to the proposed building and the total proposed terrace/balcony area is 72.5sq.m.

 

        The proposed FSR may be acceptable subject to a satisfactory amenity performance in relation to the proposal’s impacts upon neighbouring properties.    

 

9.3   Height, Form & Materials

 

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

 

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

 

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

 

        The proposed building has a maximum wall height of 7.8m at the north-eastern corner, but otherwise meets the preferred solution of 7.0m. The average two storey wall height on the south elevation is approximately 6.0m, and on the north elevation approximately 7.0m.

 

        The second storey portion of the proposed building extends a length of 15.5m (19.3m including the first floor front and rear balconies) set back 1500mm from the southern side boundary. The preferred solution in this regard will be met.

 

        The proposed building is compatible in bulk and scale with existing development in the streetscape. The building is to be of double brick cavity construction with a rendered and painted finish, aluminum framed windows and balustrades, concrete tile roofing, and timber pergola to the front, first floor balcony/terrace area. These materials and finishes are compatible with those existing in the streetscape and the foreshore scenic protection area generally.

 

9.4   Building Setbacks

 

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

 

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

 

        The proposed front setback is consistent  with the front setbacks of adjoining and nearby dwelling houses along this side of Inman Street and the proposal is acceptable in this regard..

 

        The proposed building is set back1500mm from the southern side boundary at both ground and first floor level,  with the exception of the 1050mm setback to the proposed ensuite at the first floor level. Due to the differences in site and floor levels  between the subject proposal and the neighbouring southern dwelling at No.26 Inman Street, adequate access to sunlight daylight and fresh air will be maintained to the window openings in the northern wall of that dwelling and the performance requirements for side boundary setbacks will be met..

 

The proposed northern side setback at both ground and first floor level is 1340mm,  which exceeds the preferred solution for a 1500mm setback, by 160mm. However, there will be no loss of sunlight to the neighbouring northern dwelling  and adequate access  to natural light and fresh air will be maintained. The performance requirements will therefore be met.

 

The minimum proposed rear setback of 11.1m exceeds the preferred solution for a minimum 4.5m rear setback.   

 

9.5   Visual & Acoustic Privacy

 

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

 

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

 

        No significant adverse overlooking will be afforded from the proposed front ground and first floor balcony areas of the development.

 

        The proposed 2.0m wide, first floor balcony off the family/lounge room  will afford significant potential for adverse overlooking of the rear yards of the adjoining dwellings. Privacy screens to 1.6m in height could be provided to each side of the  the balcony and the balcony set back a minimum 4.0m from the southern side wall of the proposed dwelling, both to reduce the overlooking potential and the shadow impact of the side privacy screen on the neighbouring southern property and dwelling.

 

        Frosted glass or similar should also be provided to the proposed bathroom, ensuite, laundry and powder room windows in the southern side elevation of the building, so as to restrict interlooking between these window openings and those in the adjacent side wall of No.26 Inman Street.

 

9.6   Safety & Security

 

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

 

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

 

The proposal provides for a front entry, balconies and adjacent bedroom window openings to overlook the street frontage. 1200mm high front fencing comprising 1200mm high piers and 700mm high base walls with metal infill panelling is proposed. The proposed front fencing will be of an acceptable design and height in the streetscape. Further details of the proposed front fencing can be required to be submitted for approval prior to the issue of a construction certificate. 

 

9.7   Garages & Driveways

 

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

 

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

 

The proposed double garage and associated driveway area is set back 1.5m from the nearest side boundary and spans approximately 44.3% of the site’s width. The garage however is integrated into the design of the building and is contained beneath the proposed front ground and first floor balcony areas. The proposal will satisfactorily meet the performance requirements of the DCP in this regard.

 

9.8   Front Fencing

 

Generally the objectives and performance requirements for fences in the DCP are to ensure that front fencing is integrated with the street scape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

Preferred solutions include that solid fences front fences are no higher than 1200mm and other types of fences be 1800mm maximum in height and they be designed so that the upper two thirds is at least 50% open.

 

1200mm high front fencing comprising 1200mm high piers and 700mm high base walls with metal infill panelling is proposed. The proposed front fencing will be of an acceptable design and height in the streetscape. Further details of the proposed front fencing shall be required to be submitted for approval prior to the issue of a construction certificate. 

 

9.9   Solar Access and Energy Efficiency

 

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

 

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

 

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

 

A shadow analysis of the proposal indicates that the rear courtyard area and ground floor living area windows of the adjoining dwelling house to the south at No.26 Inman Street will receive less than 3 hours of sunlight between 9.00am and 3.00pm in mid winter. This is due to the proposed projection of the building beyond the established rear setbacks of the existing and adjoining dwellings over both ground and first floor levels.

 

In respect to the the previous proposal under Development Application No.738/2001 which was reported to the Health Building and Planning Committee but ultimately withdrawn, it was recommended that the building be moved forward 1.9m to achieve consistency with the front setbacks of the adjoining dwelling and at the same time reduce the shadow impact and view loss to the neighbouring southern property and dwelling at No.26 Inman Street. Under the current proposal, the building has been moved forward in accordance with this recommendation; however, the floor plans have been extended, thereby negating the benefits of reduced shadowing and view loss which would otherwise have been achieved by simply repositioning the building forward by 1.9m. Consequently, the proposed building is considered to cause unreasonable overshadowing and view loss from the principal rear courtyard area of the adjoining southern dwelling at No.26 Inman Street. The proposal is considered to be unacceptable in this regard, especially considering the proposed significant departure from the applicable FSR standard.

 

A Nat HERS certificate has not been provided with the application. However, compliance with the minimum 3.5star rating is expected and the certificate may be submitted with the Construction Certificate. 

 

9.10 Views

 

The proposal will adversely impact on distant northerly ocean and headland views currently enjoyed from the principal rear courtyard area and at an acute angle from the rear first floor bathroom and bedroom windows of the neighbouring southern dwelling at No.26 Inman Street. This impact is mainly due to the rear two storey bulk of the proposed dwelling and its reduced rear boundary setbacks when compared to adjoining and nearby dwellings. Having regard to the proposed significant departure from the applicable FSR standard, the impact is considered to be unreasonable and  the proposeddesign does not provide for a fair sharing of views. 

 

9.11 Resident Submissions

 

Most of the issues/ concerns raised in the one submission from 26 Inman Street have been previously addressed. Outstanding concerns are identified and asessed below:

 

Enclosing effect on rear courtyard

The rear two storey projection of the building beyond the rear allignments of the adjoining dwelling at No.26 Inman Street will create a sense of enclosure to the rear courtyard area of that dwelling.

 

10.  CONCLUSION

 

Having regard to the proposal’s impacts on solar access and view loss to the neighbouring southern property at No.26 Inman Street and the significant departure from the applicable FSR standard, the application is recommended for refusal.

RECOMMENDATION:

 

A.        THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.522/02 for demotion of the existing dwelling house and to erect a new two storey dwelling house with double garage under at 24 Inman Street, Maroubra for the following reasons:-

 

1.         The proposal does not meet the aims and Residential 2A zoning objectives as stated under Clauses 2(g) and 10( c )of  Randwick Local Environmental Plan1998 in that the proposal will have an adverse and unreasonable impact on the amenity of the neighbouring southern property and dwelling at No.26 Inman Street by way of overshadowing and loss of northerly coastal views. 

 

2.            The proposal will adversely affect the amenity of the adjoining southern and northern residential properties by way of overlooking from the rear first floor balcony and south facing window openings  of the  development.

 

3.            The proposal does not meet the objectives and performance requirements or the preferred solutions of Clause 4.2 of  Randwick Development Control Plan-Floor Area.

 

4.            The proposal does not meet the objectives and performance requirement P6 of Clause 4.2 of  Randwick Development Control Plan- Height, Form and Materials.

 

5.            Insufficient information has been provided with the application to accurately assess the proposal’s impact upon the amenity of the adjoining northern and southern dwellings.

 

ATTACHMENT/S:

 

1.  A4 Configurations

2.  Copies of the Director of Planning and Community Development's reports on Development Application No.738/2001 to the Health Building and Planning Committee and Ordinary Council meetings held on 12 and 26 February 2002.    

 

 

………………………………

………………………………

SIMA TRUUVERT

STEVEN HUGHES

ACTING DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

SENIOR ASSESMENT PLANNER

 

 

 

 

 


 

Director Planning & Environment's Report 4/2002

 

 

SUBJECT:

24 Inman Street, MAROUBRA

 

 

DATE:

21 February, 2002

FILE NO:

D/738/2001

 

REPORT BY:            DIRECTOR PLANNING & ENVIRONMENT    

 

Council at its Health Building and Planning Committee meeting held on 12 February 2002 resolved:

 

“That this application be deferred for mediation, with advice as to whether or not the parties are prepared to enter into mediation to come before the Ordinary Council Meeting on 26 February, 2002. “

 

ISSUES:

 

The applicant has advised that they are not interested in mediation as it is their intention to prepare and submit a revised proposal under a separate development application to Council.

 

By facsimile dated 21 February, the applicant has requested the withdrawal of the application.

 

The applicant has been advised by Council’s Officer to discuss any revised proposal with the adjoining property owners, prior to lodgement of a development application.

 

RECOMMENDATION:

 

That there be no further consideration of this application as the development application has been withdrawn.

 

ATTACHMENT/S:

 

Nil   

 

………………………………

………………………………

SIMA

STEVEN HUGHES

ACTING DIRECTOR PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 

 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR of PLANNING & ENVIRONMENT

 

DATE:

7 January, 2002

FILE NO:

738/01/GA

 

PROPOSAL:

 Demolition of the existing dwelling house and to erect a new two storey dwelling house with double garage under

PROPERTY:

 24 Inman Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 Archivision Design

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

Two submissions by way of objection to the proposal were received. The concerns raised with the proposal are overshadowing/loss of light, loss of views, floor space ratio, building setbacks and wall height.

 

The main issues regarding the proposal are considered to be overshadowing, loss of view and building setbacks.

 

The recommendation is for approval, subject to conditions to reduce the impact of the development on the streetscape and on neighbouring properties in terms of overshadowing/loss of light, privacy and view loss.

 

2.    THE PROPOSAL

 

It is proposed to demolish the existing brick dwelling house and metal carport on the site and to erect a new, two storey, 4-bedroom dwelling house with double garage under. The proposed ground floor level will accommodate three bedrooms, a rumpus room, games room, bathroom and laundry with shower and toilet facilities. The proposed first floor level accommodates a family/ lounge room, dining room, kitchen, the master bedroom with ensuite bathroom and walk in robe, and a toilet room. Front balconies are proposed to each of the ground and first floor levels, and a rear first floor terrace is proposed over the ground floor rumpus room below. At the basement/ garage level, a double garage and adjacent storeroom is proposed. Internal stair access is proposed from the rear of the double garage to the ground floor level.   

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject property is located on the western side of Inman Street. It contains a freestanding, single storey, brick dwelling house with a northern side driveway to a metal carport.

 

Adjoining to the north at No.22 Inman Street is a freestanding, rendered and painted, two storey dwelling house with garaging under. To the south at No.26 Inman Street is a freestanding, two storey, brick and weatherboard dwelling house with mansard roof to the first floor level and single-car garage under. Further to the south are residential properties fronting Torrington Road.

 

      Adjoining to the west (i.e. rear) are the rear yards of dwellings fronting Lurline Street.  

 

      The site falls approximately 3.0m from the rear to front boundary.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

              90/00001/DZ       Erect a 2 storey dwelling house. Approved 23/02/90.  

90/00316/BZ      New dwelling. Approved 08/05/90   

90/00001/DZA     Modify consent of 23/2/90 by altering conditions 1, 4, 5 & 6. Approved 19/03/90.  

              68/00426/BZ       Erect metal carport. Approved 1968.             

              01/00007/XA     Pre-lodgement meeting. Proposed new two storey dwelling house with double garage under. Advice issued 06/02/01. 

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

        1.       Mr. R Bobbitt

                  26 Inman Street

 

            Concerns:

-     Overshadowing/loss of light

-     Loss of views

-     FSR

-     Setbacks from front, side and rear boundaries

-     Wall height

             

        2.       Ms L Black

                  36 Torrington Road

 

            Concerns:

                 -      loss of view

 

These concerns/issues are addressed under Section 9 of the report.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Landscape Issues

 

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

 

1.   One street tree specimen of Banksia integrifolia (Coast Banksia) located along the front of the site along Council’s nature strip. This tree is in the order of approximately 1m in height appears in good condition and is not covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree on the condition a suitable replacement tree (not palm) is planted on Council’s nature strip.

 

2.   One street tree specimen of Metrosideros excelsa (New Zealand Christmas Bush) located along the eastern part of the site on Council’s nature strip. This tree is in the order of 6-7m in height appears in good condition and is covered by Council’s Tree Preservation Order. This tree should be retained as part of this application and tree protection measures will required during construction.

 

7.    MASTER PLANNING REQUIREMENTS

 

A Master Plan is not required as the site is less than 4000sq.m.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

Yes

Proposal satisfactory.

43

Heritage Item of Conservation Area

No

N/A

46

Vicinity of Heritage Item

No

N/A

 

8.1  Policy Controls
a.  Development Control Plan-Dwelling Houses and Attached Dual Occupancies

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved performance requirements of performance solutions).

SOLAR ACCESS

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

 

·      Design minimise  energy  for heating, cooling.

·      High thermal mass materials.

·      Solar hot water systems.

·      Insulated hot water pipes.

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

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

·      Task lights.

·      Maximised natural lighting.

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

 

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

 

 

 

 

 

 

 

 

P3  Design minimises use of mechanical appliances.

 

P4  Roof area suitable for solar collectors and photovoltaic cells.

 

P5 Building materials, appliances minimise  energy requirements.

 

P6  External clothes drying area available.

 

P7  Landscape design assists microclimate management.

 

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

 

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

 

 

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

 

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

 

P10  Construction materials are energy efficient and recyclable.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

S2  Private open space

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

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

 

 

 

 

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

 

 

No Nat HERS Certificate submitted with application however, this may be lodged at Construction Certificate stage.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

N/A

 

 

 

 

See Section 9.9 of report.

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

 

 

 

 

 

 

 

WATER MANAGEMENT

P1  Stormwater disposal systems:

 

·      collect and drain to a suitable disposal system;

·      do not adversely affect existing downstream systems;

·      fit in with hydrology;

·      use on–site stormwater infiltration;

·      maximise opportunities for stormwater re-use stormwater;

·      retain existing trees.

 

P2  Water consumption minimised inside dwelling .

 

P3  Water consumption minimised to landscaping.

 

 

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

S2  Triple A rated fixtures. Dual flush toilets installed.

 

 

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

 

 

 

LANDSCAPING & OPEN SPACE

P1  Landscaped areas suit requirements of the dwelling occupants.

 

 

 

 

 

 

 

 

 

 

 

P2  Location and design of private open space:

 

     allows year-round use

     minimises impact on neighbours

     addresses privacy and sun access

     addresses surveillance, privacy and security.

 

P3  Local indigenous plant species used.

 

P4  Existing trees and shrubs retained.

 

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

 

P6  Unpaved or unsealed landscaped areas are maximised.

S1  40% of the total site area is landscaped.

 

 

S1  252m of useable private open space per dwelling.

 

S1  Minimum dimensions are 3m x 4m.

 

S1  Private open space is located behind the building line.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S6  20% of the site area is permeable.

 

 

Approximately213.0sq.m or 49.8%-complies.

 

Complies

 

 

 

Complies

 

 

Complies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approximately 140.2 sq.m or 32.8% of site area-complies.

FLOOR AREA

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

FSR

<300m2            0.65:1

>30 to 450m2    0.6:1

451-600m 0.9-Site Area(m2)

                            1500

>600m2            0.5:1

Preferred solution is 0.60:1.

 

Proposed is

0.785:1. Refer to Section 9.2 of report.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

 

 

 

 

 

P2  Designed to enhance built form and character of street.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

P4  Design preserves privacy and natural light access to neighbours.

 

 

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

 

 

P6  Design allows view sharing.

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

 

 

 

 

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

 

 

 

 

 

S3  Cut or fill does not exceed 1m.

 

 

 

 

 

 

 

S3  No excavation within 900mm of side boundary.

 

S3  No excavation within 3m of rear boundary.

 

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

 

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

 

Proposed maximum 7.8m at south-eastern corner. See Section 9.3 of report.

 

N/A

 

 

 

 

 

 

 

Maximum cut 1.3m at south eastern corner of site. Complies via condition of consent. See Section 9.1 of report.

 

Complies.

 

 

Complies.

 

 

Does not comply with preferred solution, but will satisfy performance requirements and objectives subject to condition.

 

N/A

 

 

 

 

 

 

See Section 9.10 of Report.

BUILDING

SETBACKS

Front Setback

 

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

 

Rear Setback

 

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

 

Side Setback

 

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

 

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

Front Setback

 

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

 

 

 

Rear Setback

 

S2  No closer than 4.5m.

 

 

 

 

Side Setbacks

 

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

 

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

 

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

 

 

 

Complies via condition of consent. See Section 9.4 of report.

 

 

 

Proposed 8.65m. Complies.

 

 

 

 

 

 

 

Proposed 1340mm generally. See Section 9.4 of report.

 

 

 

 

VISUAL & ACOUSTIC PRIVACY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SAFETY AND SECURITY

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

P2  Balconies provide adequate privacy for occupants.

 

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

 

 

 

 P1  Buildings provide comfortable living and sleeping environment.

 

P2  Entries are readily identifiable.

 

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

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

 

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

 

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

 

 

 

S3  Buildings comply with

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

 

S1,2,3  Front doors visible from street.

 

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

 

S2  Street number displayed.

 

 

S3  Fences comply with fencing requirements.

 

 

Complies via condition of consent. See Section 9.5 of report.

 

 

 

 

Complies.

 

 

 

 

 

N/A

 

 

 

 

 

Complies.

 

 

Complies.

 

 

 

Complies via condition of consent.

 

GARAGES, DRIVEWAYS & CAR PARKING

Note:  Council’s car parking DCP requirements:

 

1-2 bedroom 1 space

3 bedroom    2 spaces

 

P1  Are located  and designed for convenience and safety.

             enable the efficient use of car spaces.

             safe, efficient, adequate manoeuvrability.

 

 

 

 

 

 

 

 

 

P2  Do not breach the predominant building line.

 

 

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

 

P4  Car parking areas and accessways facilitate stormwater infiltration on site.

 

P6  Uncovered parking areas suitably landscaped.

 

 

 

 

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

 

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

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

 

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

 

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

 

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

 

 

 

 

2 spaces required. Double garage proposed-complies.

 

Dimensions, gradients and setbacks comply.

 

 

 

 

 

 

 

 

N/A

 

 

 

 

Complies.

 

 

 

Proposed garage spans approx. 44.3% of site frontage-does not comply with preferred solution; however performance requirements and objectives will be satisfactorily met.

 

 

FENCES

P1  Front fences are integrated with streetscape.

S1  Sandstone fences and walls are retained/recycled.

 

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

 

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

Complies.

 

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   Landscaping

 

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

 

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

 

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

 

        The proposal will meet the preferred solutions of the DCP in relation to landscaping. In order to improve the appearance of the development from the street, and to maintain natural topography and reduce unnecessary excavation within the front setback of the building, it is recommended that the proposed retaining wall along the southern side boundary be relocated to the southern edge of the driveway and that the existing ground levels in this area of the front yard be retained and suitably landscaped.

 

9.2   Floor Area

 

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

 

        The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies. The proposed FSR including the proposed storeroom at the garage level and the proposed terraces/balconies (being in excess of 40sq.m in total area) is 0.785:1. Excluding the storeroom at garage level and the terraces/balconies, the FSR would be 0.615:1- a departure of 6.57sq.m from the preferred FSR solution of 0.6:1. The proposed storeroom does not contribute additional building bulk to the proposed building. The total proposed terrace/balcony area is 50sq.m.

 

        The proposed FSR may be acceptable subject to a satisfactory amenity performance in relation to the proposal’s impacts upon neighbouring properties.    

 

9.3   Height, Form & Materials

 

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

 

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

 

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

 

        The proposed building has a maximum wall height of 7.8m at its lowest north-eastern corner, but otherwise meets the preferred solution of 7.0m. The average two storey wall height on the south elevation is 6.2m and on the north elevation, 7.0m.

 

        The second storey portion of the proposed building extends a length of 15.4m set back 1340mm from the southern side boundary. It is considered that the southern side setback should comply with the preferred 1500mm setback solution of the DCP and the proposal can be conditioned accordingly.

 

        The proposed building is compatible in bulk and scale with existing development in the streetscape. The building is to be of double brick cavity construction with a rendered and painted finish, aluminum framed windows and concrete tile roofing, and timber pergola to the front, first floor balcony area. These materials and finishes are compatible with those existing in the streetscape and the foreshore scenic protection area generally.

 

9.4   Building Setbacks

 

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

 

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

 

        The proposed building has a front setback in excess of the front setbacks of the neighbouring dwellings, which are about 4.7m. It is recommended in this regard that the proposed building be repositioned 1.9m closer to the street alignment. This will render the proposal with a front setback that is more consistent with the existing adjoining dwellings while at the same time reducing the rear projection of the building beyond the rear alignments of the adjoining dwellings.   

 

        The first floor level is setback 1340mm from the northern and southern side boundaries, with the exception of a reduced setback of 890mm to the proposed ensuite on the south elevation. Due to the proposed 15.4m length of the first floor level, it is considered that the setback of the proposed building from the southern side boundary should be increased to 1500mm generally, so as to ensure adequate light access to windows of the neighbouring southern dwelling at No.26 Inman Street.

 

9.5   Visual & Acoustic Privacy

 

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

 

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

 

        No significant adverse overlooking will be afforded from the proposed front ground and first floor balcony areas of the development.

 

        The proposed rear first floor terrace off the family/lounge room is elevated and quite large and will afford significant potential for adverse overlooking of the rear yards of the adjoining dwellings. It is recommended that the terrace be reduced in depth to 2.0m, similar to the rear first floor terrace of the adjoining dwelling to the north at No.22 Inman Street. Furthermore, it is recommended that a privacy screen of height 1.6m be provided along the northern edge of the terrace so as to reduce the privacy/overlooking impact on No.22.   

 

        It is also recommended that frosted glass or similar be provided to the proposed bathroom, ensuite, laundry and powder room windows in the southern side elevation of the building, so as to restrict interlooking between these window openings and those in the adjacent side wall of No.26 Inman Street.

 

9.6   Safety & Security

 

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

 

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

 

The proposal provides for a front entry, balconies and adjacent bedroom window openings to overlook the street frontage. 1200mm high front fencing comprising 1200mm high piers and 700mm high base walls with metal infill panelling is proposed. The proposed front fencing is of an acceptable design and height in the streetscape.

 

9.7   Garages & Driveways

 

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

 

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

 

The proposed double garage and associated driveway area is set back 1.5m from the nearest side boundary and spans approximately 44.3% of the site’s width. The garage however is integrated into the design of the building and is contained beneath the proposed front ground and first floor balcony areas. The proposal will satisfactorily meet the performance requirements of the DCP in this regard.

 

9.8   Front Fencing

 

Generally the objectives and performance requirements for fences in the DCP are to ensure that front fencing is integrated with the street scape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

Preferred solutions include that solid fences front fences are no higher than 1200mm and other types of fences be 1800mm maximum in height and they be designed so that the upper two thirds is at least 50% open.

 

1200mm high front fencing comprising 1200mm high piers and 700mm high base walls with metal infill panelling is proposed. The proposed front fencing is of an acceptable design and height in the streetscape.

 

9.9   Solar Access and Energy Efficiency

 

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

 

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

 

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

 

A shadow analysis of the proposal indicates that the rear courtyard area and ground floor living area windows of the adjoining dwelling house to the south at No.26 Inman Street will receive less than 3 hours of sunlight between 9.00am and 3.00pm in mid winter. This is due to the proposed projection of the building beyond the established rear setbacks of the existing and adjoining dwellings at both the ground and first floor levels.

 

The front setback of the proposed building is approximately 6.5m, whereas the adjoining and other nearby dwellings in the streetscape are set back approximately 4.7m from their front boundary alignments. In order to maintain reasonable levels of solar access to the rear courtyard and ground floor living area windows of No.26 Inman Street, it is recommended that the proposed building be repositioned 1.9m closer to the front alignment of the property. This will bring the rear setback of the two storey portion of the proposed building into line with the two storey, rear setback of No.22 Inman Street, and to a point approximately 0.5m beyond the rear single storey alignment of No.26 Inman Street. Furthermore, and as previously discussed, the rear, ground floor rumpus room (and terrace over) will be required to be reduced in length to 2.0m which should further reduce the overshadowing effect on the property No.26 Inman Street      

 

A Nat HERS certificate has not been provided with the application. However, compliance with the minimum 3.5star rating is expected and the certificate may be submitted with the Construction Certificate. 

 

9.10 Views

 

The proposal will adversely impact on distant northerly ocean and headland views currently enjoyed from the rear yard area and at an acute angle from the rear first floor bathroom and bedroom windows of No.26 Inman Street

 

The repositioning of the proposed building 1.9m closer to the street alignment will improve the northerly aspect from the rear yard area of No. 26. However, it is considered that the projection of the proposed ground floor rumpus room and first floor terrace beyond the rear ground floor and terrace projection of No.22 Inman Street will unreasonably impact upon the amenity of neighbouring properties, in terms of view loss from No.26 and privacy impact on No.22 Inman Street.  It is therefore recommended that the projection of the ground floor rumpus and terrace over, beyond the rear two storey portion of the building be reduced to 2.0m so as to be consistent with the rear setback of No.22 Inman Street. These measures will also ensure that the proposal does not adversely impact on views from residential properties further south fronting Torrington Road, including No.36 Torrington Road.

 

10.  CONCLUSION

 

The application is recommended for approval by Council subject to conditions to reduce the  impact of the development on the streetscape and on neighbouring properties in terms of overshadowing/loss of light, privacy and view loss.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 738/2001 for Demolition of the existing dwelling house and to erect a new two storey dwelling house with double garage under at 24 Inman Street, Maroubra subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans comprising 2 sheets prepared by Archivision Design-Sheets 1 and 2, dated 3 July 2001 and received by Council on 17 August 2001, 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.         In order to reduce the impact of the development on the streetscape and adjoining properties:

 

a.   The proposed building is to be repositioned 1.9m closer to the front boundary of the property so as to be consistent with the front setbacks of adjoining buildings;

 

b.   The ground floor rumpus room and first floor terrace over is to be reduced in depth by 2.4m and a 1.6m high privacy screen is to be provided along the northern edge of the terrace;

 

c.   The proposed retaining wall along the southern side boundary within the front yard area is to be relocated to the southern edge of the driveway, and the existing ground levels within this part of the front yard area are to be retained and the area suitably landscaped;

 

d.   Frosted or obscure glass or similar is to be provided to the proposed bathroom, ensuite, laundry and powder room windows in the southern side elevation of the proposed building;

 

e.   Privacy screening of minimum height 1.6m is to be provided to the north eastern corner of the proposed front, first floor balcony area so as to restrict overlooking to the adjacent first floor balcony area of the adjoining dwelling to the north at No.22 Inman Street; and

 

f.      The southern side setback of the building is to be increased to 1500mm. 

 

Details of compliance are to be provided in the construction certificate plans

 

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

 

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

 

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

 

5.         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.

 

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

 

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

 

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

 

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

 

10.       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.

 

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

 

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

 

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

 

12.       Surface water/stormwater must be drained and discharged to the street gutter and details are to be included in the construction certificate details for the development.

 

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

 

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

 

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

 

14.       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:

 

15.       All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July, 1993.

 

16.       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.

 

17.       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.

 

18.       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.

 

19.       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.

 

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

 

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

           

(b)        On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

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

 

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

 

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

 

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

 

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

 

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

 

26.       Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

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

 

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

 

Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)         $1000.00         -           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.

 

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

 

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

 

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

 

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

 

32.       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.

 

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

 

 

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

 

34.       The Council’s Department of Asset & Infrastructure Services has inspected the above site and have determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be 50mm 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. The design alignment level at the property boundary must be strictly adhered to.

 

35.       The above alignment levels have been issued by the Council's Department of Asset & Infrastructure Services at a prescribed fee of $201.00 calculated at $16.50 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

37.       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.

 

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

 

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

 

39.       A sediment/silt arrester pit must be provided within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system/absorption system. The sediment/silt arrestor pit shall be constructed with:-

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    A sign adjacent to this pit stating that:

 

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

 

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

 

40.       As the above site may be affected by the movement of seepage water the basement garage and storeroom or similar structures may need to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofed has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

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

 

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

 

42.       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.

 

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

 

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

 

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

 

45.       All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

Tree Management

 

46.       The applicant shall submit payment of $145 to Council,

 

a.         Being the cost for Council to supply and install 1 x 45 litre street tree at the completion of all works, and

 

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

 

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

 

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

 

Tree Protection Measures

 

48.       In order to ensure the retention of the Metrosideros excelsa (New Zealand Christmas Bush) located along the eastern part of the site on Council’s nature strip in good health, the following measures are to be undertaken:

 

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

 

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

 

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

 

 

ADVISORY MATTERS:

 

A1.      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

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 configurations

 

 

………………………………

………………………………

 

STEVEN HUGHES

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 

 


Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

26 May, 2003

FILE NO:

D/0283/2003

 

PROPOSAL:

 Upgrading of ladies baths involving construction of a catch drain, re-construction and repaving of northern stairs, creation of larger grassed areas, relocation and addition of seats, increase height of privacy wall, extended fencing, miscellaneous repairs and upgrading of balustrade fencing making good disturbed areas.

PROPERTY:

 Randwick Coogee (McIvers) Ladies Baths, 151-191R Beach Street, Coogee

WARD:

 East Ward

APPLICANT:

 Randwick City Council

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee as the site is a public facility under the care, control and management of Council and is listed as an Item of Environmental Heritage.

 

The total cost of works proposed is $85,000.

 

The application proposes a variety of improvement works to the existing baths including demolition and reconstruction of stairs, modification and installation of safety rails and security fences, construction of new drainage works, new landscaping, levelling and returfing and increasing the wall height of a sunbaking area.

 

The proposed alterations are sympathetic to the heritage significance of the site and will result in improvements to the privacy and safety of patrons and drainage of the site without impacting upon neighbouring amenity or the local environment. The proposed development is permissible under the open space zoning and is consistent with the aims, objectives and provisions of the Randwick Local Environmental Plan 1998 and State Environmental Planning Policy No 71 – Coastal Protection.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed development involves the upgrading of the Ladies baths as follows;

·    Construction of a catch drain behind the existing buildings to catch overland flows that would otherwise cause slippery pavement conditions

·    Demolition and re-construction of the northern stair to provide safer, wider stairs with uniform evenly proportioned risers and treads and intermediate landings,

·    New fencing along the stairs is to be timber rail and tensioned stainless steel rope,

·    Repaving and returfing of the adjacent area to suit the resulting levels and creation of a small stair case to access levels,

·    Creation of larger areas of grassed terrace areas for sitting and sunbaking,

·    Relocation of the existing bench seat and provision of an additional bench seat,

·    Increasing the height of the sunbaking area walls to prevent overlooking and increase privacy,

·    Extension of the weldmesh fencing to the southwest corner of the sunbaking wall to secure the area from trespass,

·    Miscellaneous repairs and upgrading to the site balustrade fencing, and

·    Planting to make good of disturbed areas.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site, known as the Randwick Coogee Ladies Baths or McIvers Baths, is located to the east of Grants Reserve (on Beach Street), Coogee. The site slopes steeply from west to east between Grant Reserve and the ocean. Along the coast to the north is Coogee Beach and surf lifesaving club and to the south is the Wiles Baths. To the west is Grant Reserve and to the east are rock platforms and the ocean.

The site contains a clubroom/kitchen, toilet, shower, change rooms, change cubicles, outdoor shower, sunbaking area, seating, balustrades, grassed areas, native and introduced vegetation scattered throughout the site and stairs leading down to the ocean pool.

 

  

View of stairs to be replaced looking                                  View of area to be returfed, levelled and      

 towards swimming pool.                                                       to contain new stairs and a bench.

 

    

View of sunbathing platform.                             View of changing booths and shower block.

 

View of stairs from pool to be replaced.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

Several development applications apply to the site for the use of the baths for a variety of community events. There are no previous development applications that are of relevance to the works proposed.

 

5.    COMMUNITY CONSULTATION:

 

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

 

Sally Colechin (objection on behalf of local residents)

129A Carrington Road,

Randwick,

 

·    Access to the pool at all times is to be maintained,

 

Comment: The proposed development is for works only and no changes will be made to the operating hours of the pool.

 

·    Non-slip cement grooves in the steps in the water to reduce slipping,

 

Comment: It is not proposed to alter the steps in the water as part of this proposal. The new steps of the proposed stairs are to be designed so as to prevent patrons slipping,

 

·    The placement of the bench near the shower will have an impact on the frog colony and birdlife. The shower would lose its privacy.

 

Comment: The proposed bench can be re-located to a more suitable location to improve the privacy of those showering. It is unlikely that the small bench proposed would adversely impact any frogs or birds living in the bush behind.

 

·    When upgrading the handrail, a double rail should be built and there are concerns over the slipperiness of the stainless steel proposed. This would improve child safety.

 

Comment: It is proposed to have a timber rail with tension stainless steel rope. It is considered that any section of stairs above 4m should have ballustrading with vertical members to prevent climbing over the ballustrade.

 

·    Is it the intention to provide shaded areas to enable a greater use of the pool by mothers, children and diverse cultural backgrounds?

 

Comment: No shade structures are proposed as part of the development and none are required.

 

·    The bench at the top of the steps should be retained along with the addition of the opposite bench.

 

Comment: The existing bench cannot be retained as it will interfere with the proposed works and configuration of the stairs.

 

·    A second shower should be added to the site of the present one.

 

Comment: There is no requirement under the Building Code of Australia to provide a second external shower. Internal showers are provided in the existing shower block and there is one external shower on site. It is considered that there is a sufficient number of showers on site to provide for the showering needs of bathers.

 

·    Are there any intentions to provide Otto bins for rubbish and a recycling bin.

 

Comment: A bin is provided at the entrance to the site as well as other bins within the site. Waste removal is a management issue for the site which is unrelated to the proposed works. It is considered however that additional bins should be provided on the site and conditions can be imposed to ensure this.

 

·    Signs for smokers to butt their cigarettes in an environmentally sound way should be installed.

 

Comment: No signage is proposed as part of this application.

 

The submission also supported the increase in the height of the wall of the sunbathing area, the upgrading of the drainage system and repairs to the fencing and stairs.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Heritage Issues

 

McIver’s Baths is listed as a heritage item under Randwick LEP 1998.  The Randwick Heritage Study Inventory Sheet Statement of Significance, provided by the National Trust of Australia, notes that “the pool has high aesthetic value due to its siting next to the cliff face and on the rock platform; it is the last remaining example of a segregated public swimming pool occurring on the NSW coast, it is associated with a local swimming club and its members, it has associations with prominent swimmers, including world champions; and it has high social importance to may local women and children who have used the facility as a gathering place and a place to learn how to swim.”

 

The application proposes a number of changes to improve access between the entry and the pool itself.  In detail, the application proposes modification of existing stairways and pathways, modification of existing retaining walls and railings, creation of larger terrace areas, changes to existing bench seating, increasing the height of existing screens and fencing for privacy and security reasons, and improved drainage and supplementary planting.

 

The application has been accompanied by a Heritage Report prepared by Colin Brady Architecture + Planning.  The Report considers that structures on the site are generally of post-war construction, including a number constructed between 1960 and 1975.  The report incorporates a landscape assessment which notes that the modifications of the site have retained evidence of the natural topography, that natural and man-made materials of the baths have weathered to provide a homogeneous finish, and that native coastal plantings assist in screening the buildings and structures on the site.  The Statement of Significance included in the Report concludes that the Ladies Baths are of high local significance, including the social value of the site as a designated ladies swimming venue in continuous use since at least 1876.

 

The Heritage Report notes that design options for the site are limited by the need to comply with access safety requirements, to provide privacy, and due to budgetary limitations.  The Report notes that the proposal minimises changes to existing forms and finishes, ensuring alterations are sympathetic to the existing context.  The Report recommends a number of mitigation measures to minimise heritage impact, including minimising changes to existing natural and previously cut rock faces, maintaining underlying mass concrete footings that relate closely to the main pool wall and ensuring that the finish of new concrete paving is closely matched to existing rock faces and aged concrete.  These recommendations should be included as consent conditions.  The Report notes that the new metal railings and balustrades will quickly weather to a form a neutral element in the landscape.  The Report notes that the proposed works are required to ensure the ongoing maintenance of existing functions in accordance with contemporary access requirements.

 

In relation to the proposed modifications to existing stairways, pathways, retaining walls and railings, it is noted that proposed changes to pathways will rationalise the existing access arrangements and increase the available unpaved terrace areas.  The proposed changes to stairways will improve the safety of access to the pool.  The proposed changes to retaining walls involve existing retaining walls only, new retaining walls which could further modify the original topography are not proposed.  The increase in height to the screen to the sunbathing platform will not significantly add to the prominence of this structure. The new railings and boundary fence will be compatible with existing structures and will be of open design and not significantly interrupt to open character of the setting.  New planting will generally comprise low shrubs and ground covers, and will be suitable for the coastal context.

 

No objections are raised to the proposal subject to conditions of consent.

 

7.    MASTER PLANNING REQUIREMENTS

 

The subject site has a total area less than 4000m2 and therefore does not require a master plan.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

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

 

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia,

-           State Environmental Planning Policy 71– Coastal Protection (SEPP71)

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 6A Open Spaces under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1       Zoning – Zone No 6a (Open Space Zone).

 

The proposed development is consistent with the objectives of the zone and in particular, the following objectives:

 

(a)  To identify publicly owned land used or capable of being used for public recreational purposes, and

 

Comment: The proposed development involves upgrading works to improve and continue the use of the site as a ladies baths

 

(b)  To allow development that promotes, or is related to, the use and enjoyment of open space.

 

Comment: The proposed development improves the site and its usability for patrons and is therefore likely to increase their enjoyment of the baths.

 

9.2       Foreshore scenic protection area (Clause 29 of Randwick LEP 1998).

 

Under this clause, development located within the foreshore scenic protection area (as is the case for the subject application) requires the consent of Council. Development, which is minor in nature and will not adversely affect the amenity of the character of the locality does not require Council consent. Whilst the proposed development involves minor works, which will not impact upon the visual amenity of the area, an application is required for the use as the site is listed as an item of environmental heritage.

 

9.3       Development in open space zones.

 

Under Clause 38 (2) of Randwick LEP 1998, the Council must consider the following:

 

(a)      the need for the proposed development on that land,

 

Comment: The proposed development is needed as part of the ongoing maintenance and upgrading of the baths to improve the baths usability and safety.

 

(b)     whether the proposed development promotes or is related to the use and enjoyment of open space,

 

Comment: The proposed development re-organises existing space within the development to improve drainage, access and open space areas. The open space areas are proposed to be levelled, returfed, contain new seating, new handrails and a privacy wall all aimed at improving the amenity, usability and safety of the baths.

 

(c)      the impact of the proposed development on the existing or likely future use and character of the land,

 

Comment:  The proposed development makes improvements to the existing baths and its usability while preserving its character.

 

(d)     the need to retain the land for its existing or likely future use.

 

Comment:  The proposed development retains the use of the land as a ladies baths.

 

9.4   State Environmental Planning Policy No. 71– Coastal Protection  (SEPP 71).

 

The proposed development is subject to the provisions of this SEPP which has the following aims:

 

·      Protect and manage the natural, cultural, recreational and economic attributes of the New South Wales Coast, and

·      Protect and improve existing public access to and along coastal foreshores to the extent that it is compatible with the natural attributes of the coastal foreshore, and

·      To ensure that the new opportunities for public access to and along coastal foreshores are identified and realised to the extent that it is compatible with the natural attributes of the coastal foreshore, and

·      To protect and preserve Aboriginal cultural heritage, and Aboriginal places, values, customs, beliefs and traditional knowledge, and

·      To ensure that the visual amenity of the coast is protected, and

·      To protect and preserve beach environments and beach amenity, and

·      To protect and preserve native coastal vegetation, and

·      To protect and preserve the marine environment of New South Wales, and

·      To protect and preserve rock platforms, and

·      To manage the coastal zone in accordance with the principles of ecologically sustainable development (within the meaning of section 6 (2) of the Protection of the Environment Administration Act 1991), and

·      To ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and,

·      To encourage a strategic approach to coastal management.

 

Under the SEPP, Council is required to consider several matters for consideration which are listed and assessed below.

 

(a)  The aims of the Policy listed above.

 

Comment:   The proposed development does not impact on existing public access to the foreshore, Aboriginal heritage, visual amenity of the coast, beach environment and amenity coastal vegetation, marine environments, rock platforms and the proposed development is appropriate for the location in terms of its type, bulk and scale which is assessed in greater detail below.

 

(b)  Retain public access to the foreshore.

 

Comment:  The proposed development retains full access to the foreshore for women.

 

(c)  Enables opportunities to provide public access to the foreshore.

 

Comment:   The proposed development continues to provide full public access by women to the foreshore.

 

(d)  The suitability of development given its type, location and design and its relationship with the surrounding area,

 

Comment:  The proposed development is suitable for the site and will not adversely impact the environmental amenity of the area.

 

(e)  Detrimental impact the development may have on amenity of foreshore.

 

Comment:   The proposed development represents minor improvements to the site which will improve the amenity of the foreshore for women and improve their privacy.

 

(f)   The means to protect and improve the scenic qualities of the coast.

 

Comment:   The proposed development will not affect the scenic qualities of the coast as it retains the existing cliff features, rock pool and natural vegetation.

 

(g)  Measures to conserve animals and their habitats.

 

Comment:    The proposed development covers a small area and will not impact upon the flora and fauna of the site.

 

(h)  Measures to conserve fish and their habitats.

 

Comment:    The proposed development will not have an impact on fish/fish habitat. The development is to be constructed in a manner which will not impact upon fish and their habitats and a construction management plan will be required.

 

(i)   Existing wildlife corridors and the impact of development on corridors

 

Comment:    The proposed development is not located within any known wildlife corridors.

 

(j)   Impact of coastal processes and coastal hazards.

 

Comment:  The proposed development will not impact upon existing coastal process and will not create additional coastal hazards.

 

(k)  Conflict between land-based and water-based coastal activities.

 

Comment:  The subject development results in improvements which encourage an interaction of land-based and water-based activities, such as sunbaking and swimming.

 

(l)   Protection of Aboriginal relics, customs, culture.

 

Comment:  The proposed alterations are minor will not adversely impact upon any known Aboriginal artefacts.

 

(m)  Impact to water quality.

 

Comment:   The proposed development will divert run off water around the site away from the existing pool, which will improve water quality in the pool.

 

(n) Conservation and preservation of items of heritage, archaeological or historic   significance.

 

Comment:   The subject site is an item of environmental heritage and the impact of the proposal on the significance of the heritage has been assessed previously.

 

The proposed development is therefore consistent with the aims and matters for consideration in SEPP 71.

 

9.5       Council’s Plan of Management Coogee Beach Foreshore Plan of Management

 

Under this Plan of Management, the following recommendations are made with respect to the baths:

 

·      Upgrade baths entry, replace security fencing and continue to refurbish buildings.

 

Part of the proposed development is to upgrade the security fencing. The Department of Assets and Infrastructure Services advises that the other proposals will be carried out in the future and are subject to budgetary requirements.

 

9.6       Impact on adjoining development

 

Views, privacy & overshadowing

The subject site is located on the relatively steep slope between Grant Reserve and the ocean. The site is not visible form nearby dwellings on Beach Street and the improvements will not affect the views, privacy or overshadowing of such dwellings.

 

The proposed slight increase in the wall height of the sunbaking area will effectively control overlooking of the sunbaking area from Grant Reserve. The security fencing improves the safety of women using the baths from potential intruders.

 

9.7       Site Management Issues

 

A construction management plan is to be implemented during the construction phase to ensure that there is no impact upon the marine or terrestrial environment by way of pollution as a result of the development.

 

9.8       Landscaping/Open Space Issues

Building envelopes and built form controls

 

The proposed development does not result in an alteration to any of the existing building structures apart from a minor increase in wall height to the sunbaking area.

 

Impact on, and improvements to, the public domain

 

The proposed development results in improved drainage from the site, improved access stairs to the pool, greater open area for sunbaking and sitting and improved security and safety.

 

Provision of open spaces, its function and landscaping

 

The proposed development results in returfing existing areas and creating new level and grassy areas providing greater usability of the site.

 

10.  CONCLUSION

 

The proposed development satisfactorily addresses the relevant requirements of the Randwick LEP 1998, State Environmental Planning Policy No 71 – Coastal Protection and the Environmental Planning and Assessment Act 1979. The assessment of the subject development reveals that the application is worthy of approval subject to conditions.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 283/2003 to the upgrading of ladies baths involving construction of a catch drain, reconstruction and repaving of northern stairs, creation of larger grassed areas, relocation and addition of seats, increase height of privacy wall, extended fencing, miscellaneous repairs and upgrading of balustrade fencing, making good disturbed areas at Randwick Coogee (McIvers) Ladies Baths, 151 – 191R Beach Street, Coogee subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans numbered L01 to L04, L08 and L10 all dated March 03 and received by Council on 8 April 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.

 

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

 

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

 

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

 

3.         Ballustrading to stairs and landings or the like, which is greater than 4m above the surface below is to be constructed with vertical members with no greater than 125mm gaps between the members.

 

4.         All new steps within the proposal are to be treated to ensure that they have a non-slip surface.

 

5.         The proposed bench on the southern side of the site (located near the open shower) is to be relocated to a position where it will not affect the privacy of patrons showering, swimming or sunbaking and where it will not adversely impact on the natural flora and fauna of the site.

 

6.         Two garbage bins are to be provided within the site in Waste Management.

 

7.         The existing rock face, both natural and previously cut should be maintained with minimal interference.  The proposed drainage slot between the new stairway and the cliff face is to be formed by excavation of the existing stone beneath the path level, and allowed to naturally oxidise due to the effects of surface water runoff.

 

8.         Where construction of stairways involves the removal of existing stair formations, care should be taken to maintain the underlying mass concrete footings, near the bottom of the stairway, that relate closely to the masonry of the main pool wall.

 

9.         New concrete paving is to be of a soft sandy colour, rather than the strong grey white colour of Portland cement.  New concrete paving should incorporate bush sand or other means of providing a colour finish to match the existing rock face and aged concrete.

 

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

 

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

 

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

 

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

 

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

 

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:

 

13.       All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in Force at 1 July, 1993.

 

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

 

15.       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.

 

16.       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.

 

17.       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).

 

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

 

19.       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.

 

20.       All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and protected to prevent them from being dangerous to life or property. 

 

21.       Retaining walls or shoring must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land, if the soil conditions require it, and adequate provisions are to be made for drainage.

 

22.       Retaining walls and shoring are to be designed and installed in accordance with the relevant requirements of the Building Code of Australia and Australian Standards and details of any proposed retaining walls are to be submitted to the Principal Certifying Authority for consideration prior to installation.

 

23.       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.

 

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

 

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

 

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

 

27.       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.

 

28.       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.

 

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

 

30.       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.

 

31.       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.

 

32.       Any building/demolition works involving asbestos cement are to be carried out in accordance with the Work Cover New South Wales “Guidelines for Practices Involving Asbestos Cement in Buildings”.

 

33.       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;

·          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;

 

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.

 

34.       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

 

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

 

36.       Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment.

 

37.       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.

 

38.       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.

 

39.       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.

 

40.       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.

 

41.       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.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

………………………………

………………………………

SIMA TRUUVERT

LUKE JACKSON

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ASSESSMENT PLANNER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

27 May, 2003

FILE NO:

02/00937

 

PROPOSAL:

 Demolition of existing pergola and addition of a family/meals room, master bedroom, bathroom, balcony and terrace over two levels

PROPERTY:

 2-4 Alexandria Parade, South Coogee

WARD:

 North Ward

APPLICANT:

 Peter Muroney, Mulroney Architects Pty Limited

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.    EXECUTIVE SUMMARY

 

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

 

The proposed development entails the addition of rooms to the northern side of the existing dwelling over two levels creating a new family/meals room, bed room and bathroom.

 

The proposal was notified to surrounding residents and two objections were received. The issues raised in the objections included excessive floor space ratio (FSR) and height, view loss, inappropriate setbacks and visual impact.

 

The departures from the preferred solutions are a result of a small constrained site. The design of the building is compatible with the existing bulk, scale, form, streetscape and setbacks of adjacent development. The proposal is considered to be a reasonable solution that is consistent with adjacent development and does not significantly impact upon the amenity of adjacent development.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed development involves extending the existing residence over the ground and first floor levels to the north of the existing building, effectively increasing the dwelling to a four bedroom dwelling.

 

At ground level the proposal results in the demolition of an existing pergola and the construction of a new family and meals room which leads onto a new paved terrace area to the north. The addition contains double glazed doors which open onto the proposed terrace and windows facing the east. The additions are setback 940mm to 1300mm from the western boundary and a wall is proposed on the western side of the terrace for privacy purposes.

 

It is proposed to extend the second level over the footprint of the proposed ground floor addition and extend it by 1.32m to the east. The area is proposed to contain a bed/living room and a bathroom. A balcony is proposed to wrap around the area and the western section of the balcony contains a planter and blade wall which acts as privacy screening.

 

Amended plans were received on 26 March 2003 and these were subsequently re-notified to immediately adjoining residents for comment. The nature of the proposed amendments involves repositioning the blade wall 2.2m to the east and widening the front balcony.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern corner of the intersection of Alexandria Parade and Cairo Street. The site has a 24.085m frontage to Alexandria Parade and a 10.06 m frontage to Cairo Street, having a total area of 316.2sqm. Across Alexandria Parade to the east is unbuilt upon land that contains a foreshore reserve leading down to the ocean.

 

The subject site contains a two storey free standing dwelling sited to the southern side of the property. Vehicular access to the site is to a basement carpark off Alexandria Parade on the northern side of the site.

 

To the south of the site lies a 1960’s two storey brick dwelling that fronts Alexandria Parade and has a similar setback from the street as the building on the subject site. To the north of the site is a small pathway and a reserve containing a variety of native vegetation. To the west of the site lies a series of two to three storey dwellings which face the north to maximise views of the coast and beaches. The building immediately to the west is a three storey residential dwelling that contains balconies at the first and second floors facing to the east and north. A large amount of glazing to the adjacent building to the west is apparent on the north and east facing facades to maximise solar access and views.

 

The area is comprised of freestanding residential dwellings varying in size and height of between one to three floors.

View of the site from the north east on Alexandria Parade showing the existing building and adjacent residence to the south.

 

View of site from the north west on Cairo Street. The subject site is on the left.

 

 

 

View from Cairo Street to the south. The Subject site is on the left.

 

View of adjacent development on the south-western side of Cairo Street.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

View of subject site from east showing windows on the boundary of the adjacent dwelling to the west.

 

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

There is no record of any previous development proposals for the site.

 

5.    COMMUNITY CONSULTATION:

 

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

 

P Guttenbeil/Andrew Kanachowski

23 Cairo Street,  Coogee

 

·      FSR exceeds the maximum permitted,

·      Height, exceeds preferred solutions for external wall heights by 1.8m at the rear boundary (DCP setback required is 4.5m).  Design inconsistent with requirement to share views,

·      Setbacks, the 0.9m setback at the ground and first floor does not comply with the 4.5m setback in the DCP,

·      View loss to east of the ocean due to blade wall and excessive addition,

 

Comment: The matters raised in the objection above are addressed within the body of the report.

 

Tom Hutchinson

Town Planner

12/810 Ithaca Rd,

Elizabeth Bay NSW 2011

·    View loss to the east,

·    Visual impact – closeness of proposed development to 23 Cairo Street will result in a significant impact to the internal visual amenity of the living area,

·    Non-compliance with FSR requirement,

·    Non-compliance with height requirements (ie additions to rear not to exceed 3.5m – 5.3m proposed),

·    Setbacks, proposed 0.9m. Minimum setback to rear of 4.5m required under DCP and side setback of 3.0m on second level, causing a significant non-compliance,

·    Foreshore development – setbacks should allow view sharing. Non-compliance with setbacks results in loss of views.

·    Proposal not consistent with objectives of SEPP 71 – Coastal Protection.

 

Comment: The matters raised in the objection above are addressed within the body of the report. The issue of loss of property value is not a consideration of Council.

 

Amended plans were submitted on 26 March 2003. These plans were notified in accordance with the Local Environmental Plan 1998. The objections raised in the submissions above were relodged and additional objections were submitted as follows:

 

P Guttenbeil/Andrew Kanachowski

23 Cairo Street,  Coogee

·    Violation of setback requirement

·    Inclusion of blade wall resulting in loss of views

·    Loss of property values

 

Comment: The matters raised in the objections above are addressed within the body of the report.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, including where necessary external bodies and no objections or comments have been provided.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

-           Randwick Local Environmental Plan 1998.

-           Environmental Planning and Assessment Act 1979 as amended.

-           Building Code of Australia.

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

 

(a)    Randwick Local Environmental Plan 1998

 

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

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.1   Foreshore scenic protection area - Clause 29.

 

The subject site is located within the foreshore scenic protection area shown on the LEP map. Under this clause, Council is required to consider the probable aesthetic appearance of the proposed building in relation to the foreshore.

 

The subject proposal is an extension of the existing dwelling to its northern side. From the sea, the proposed development would appear minor and would not detrimentally affect the aesthetic appearance of the coast. The subject site is located on the western side of Alexandria Parade which lies over 20 metres west of the cliff line, therefore only being visible further away from the cliff line. The proposed alterations blend in with the existing two storey development fronting the ocean and will not adversely impact upon the aesthetics of the foreshore.

 

8.2   State Environmental Planning Policy No. 71 – Coastal Protection  (SEPP 71).

 

The proposed  development does form part of the foreshore area designated under the provisions of SEPP No. 71, and is not indicated on the draft coastal zone maps aligned to the SEPP.

 

8.3  Policy Controls

Development Control Plan - Dwelling Houses and Attached Dual Occupancies.

 

Landscaping

 

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

 

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

 

The proposed landscaped area is 188sq.m or 59% of the total site area, which is greater than the minimum required preferred solution. Adequate permeable area and recreation space is provided in accordance with the above provisions.

 

The applicant has included the areas of soft landscaping around the perimeter of the building.  A minimum of 20% (being approx 65m2 is required) of soft landscaped area should be provided. A total of approximately 77m2  is provided which complies.  There are two larger areas of very usable soft landscaping being 15m2 and 32m2 located in the south and northern side of the site respectively.

 

Floor Area

 

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

 

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies.  The proposed FSR 0.68:1 which does not comply with the preferred solution and results in an excess of 27.5 sq.m above the DCP requirement.

 

The applicant contends that the excess in floor space is reasonable for the following reasons:

 

·    The site area is small at 317.4sqm. The existing building has an FSR of 0.55:1 and the proposed FSR results in a marginal exceedance of the requirement by 27.5 sq.m. The additional space is necessary to provide an acceptable level of accommodation by contemporary standards.

·    The small site area also contributes to the exceedance of the arithmetical standards and given that the objectives of the DCP are achieved, the control is not relevant.

 

The subject site is small in comparison to other sites in the area which have almost double the site area and therefore can easily comply with the FSR requirements. The small site area therefore constrains the development in terms of the numerical standard imposed under the DCP. The floor area of other dwellings in the vicinity is comparable to the floor area of the proposed development and in many cases are much greater. The proposed floor area of the development is approximately 215 sq.m. The adjacent building to the west on Cairo Street has a floor area of approximately 210 sq.m. The scale of the proposal is therefore consistent with adjacent dwellings. The proposed development will present as a two storey dwelling to Cairo Street instead of the existing building which has no presence to the street. It is considered that the variation in floor space is marginal and the exceedance does not warrant refusal as the scale of the building will not appear out of context with its adjacent neighbours or other buildings in the area.

 

Height, Form & Materials

 

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

 

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

 

Preferred solutions include that the external wall height of the building not exceed 7m, the length of a second storey portion is no greater than 12m at less than 1.5m from a side boundary, and that the external wall height of buildings or additions to the rear does not exceed 3.5m

 

The proposed external wall height of the development is at its maximum 7m, which achieves the preferred solution of 7m. The bulk of the development and the built form of the dwelling are considered to be consistent with the character of the streetscape, the two storey context of the area and compatible with the subject site. There are no concerns with the height of the development or the design of the addition and the proposal complies with Council requirements.

 

The second storey portion of the building has a stepped length of approximately 8.0m that is within 1.5m of the side boundary (or rear boundary from Alexandria Parade), therefore complying with Council requirements.

 

Materials and finishes proposed for the development are as follows:

 

ITEM
MATERIALS
FINISH/COLOUR

Walls

Brick Veneer

Granosite

Roof

Terracotta tiles to match existing

To match existing

Windows/Doors

Timber

To match existing

Balcony Handrails

Frameless glass

N/A

Trims, Fascias, etc

Timber

To match existing

Paving

To match existing

To match existing

 

 The proposed materials and finishes are consistent with those featured on the existing building and therefore will not adversely impact upon the surrounding streetscape and character of the locality.

 

The proposed extension will obstruct some of the views from the dining room windows (which face east) of the adjoining property being No. 23 Cairo Street.  This is a relatively newly constructed, contemporary home, which has considerable glazing (windows) along the eastern elevation to the dining room in order to capture views to the east.  Most properties along Cairo Street have windows along the eastern side but not to the length and extent of No. 23. Some views from the ground floor to the east will be lost however the dwelling has a large terrace area at both levels that captures uninterrupted views of the ocean and foreshore to the north & northeast.  The proposal will not affect any of these primary views. Also No. 23 Cairo is elevated above the subject site and as such the upper level will still look over the proposed extension. Hence, while the proposed development results in the loss of the view of the ocean to the east for the residents of 23 Cairo Street, the significant views of the coastline, cliffs, beaches and suburbs to the north are still available. It is therefore considered that the view loss to the adjacent dwelling to the west (No. 23 Cairo Street) is reasonable in the circumstances and is consistent with the principle of view sharing.

 

Building Setbacks

 

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

 

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

 

The proposed addition on the western side steps in an easterly direction from the south to the Cairo Street boundary. Such stepping results in a western setback that varies between 900mm and 1,400mm. This setback can be considered to be a rear setback from Alexandria Parade or a side setback from Cairo Street. The setback to the northern boundary on Cairo Street is 7.5m and to Alexandria Parade to the east 6m. Both street setbacks ensure that the proposed development will not adversely impact the streetscape by forming an inconsistent built alignment.

 

The western setback therefore does not achieve the preferred solution. The reduced setbacks are considered acceptable as the precedent for reduced setbacks is established with the existing dwelling and a greater western setback would result in a poor built form. The preferred solution is appropriate on an undeveloped site however for alterations and additions to existing buildings it is more appropriate to maintain existing setbacks to preserve the character and form of an area. The adjacent dwelling to the west has a side boundary setback of 1,200mm as do others in Cairo Street. The proposed development maintains side boundary set back exhibited in Cairo Street and satisfies the performance requirements of the DCP.

 

Visual & Acoustic Privacy

 

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

 

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

 

There is no concern with respect to privacy as proposed windows are oriented to the east and to the north overlooking ocean and parkland. There are no windows facing the property to the west and the proposed first floor balcony contains a blade wall that acts as a visual and acoustic barrier between the two properties.

 

 

 

Safety & Security

 

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

 

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

 

There are no concerns for safety and security as a result of this development.

 

Garages & Driveways

 

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

 

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

 

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

 

No alterations are proposed to the existing car parking situation.

 

Fences

 

Generally the objectives and performance requirements for fences in the DCP are to ensure that front fencing is integrated with the street scape and is compatible with the appearance of the dwelling and any established local fence form and material.

 

Preferred solutions include that solid fences front fences are no higher than 1200mm and other types of fences be 1800mm maximum in height and they be designed so that the upper two thirds is at least 50% open.

 

No alterations are proposed to the existing boundary fencing.

 

Solar Access and Energy Efficiency

 

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

 

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

 

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

 

Shadows from the proposed development would affect the eastern windows/walls of the dwelling to the west (No. 23 Cairo Street) in the morning. Apart from this, shadow diagrams submitted demonstrate that there is no additional impact and the adjacent dwellings to the west and south and they will receive adequate levels of sunlight in accordance with Council requirements.

 

The proposed development receives a NatHERS rating of 3.5 stars therefore complying with Council requirements.

 

Foreshore Development.

 

The overall objectives of the DCP seek to ensure that development protects the landscape qualities and aesthetic appearance of ocean foreshore areas and conserve the natural form of the land and water interface and reinforce the original character of the foreshore.

 

Preferred solutions include buildings not encroaching upon delineated foreshore building lines, building form, colours and materials and finishes are sympathetic to surrounding natural forms and buildings incorporate sufficient setbacks to allow planting and a fair sharing of views.

 

The proposed development does not encroach upon a foreshore building line. The proposal is designed to be sympathetic towards surrounding natural forms by not dominating the existing built forms and natural features such as cliff lines and vegetation.

 

9.    CONCLUSION

 

The proposed development is considered to be a reasonable design solution on a constrained site which improves the living space of the existing dwelling. The impact to the adjacent development to the west will be the loss in views to the east however it could never be expected that these would be preserved and alternative designs could equally result in the loss of the views. Sufficient views of the coast to the north and north east are still available to that property and fresh air and light are highly obtainable on the upper level and from the north on the lower levels.

 

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

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 2002/00937 for demolition of existing pergola and addition of a family/meals room, master bedroom, bathroom, balcony and terrace over two levels at 2-4 Alexandria Parade, South Coogee at subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans numbered 0123 DA 01 to 0123 DA03 , dated 25 March 2003 and received by Council on 26 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:

 

2.         The following security deposit requirements are to be complied with prior to the commencement of any works, 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 and defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)         $600.00           -           Security damage deposit

b)         $450.00           -           Vehicular crossing deposit

 

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:

 

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

 

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

 

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

 

5          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.

 

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

 

6          Surface water/stormwater must be drained and discharged to the street gutter and details are to be included in the construction certificate details for the development.

 

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

 

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

 

7          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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

9          A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey.

 

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

 

10        All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July, 1993.

 

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

 

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

 

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

 

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

 

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

 

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

 

 (a)       On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

A         ADVISORY MATTERS:

 

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

 

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

 

            a)         Part 3.1                        -           Site preparation

            b)         Part 3.2                        -           Footings and slabs

            c)         Part 3.3                        -           Masonry construction

            d)         Part 3.4                        -           Framing (floors, walls and roofs)

            e)         Part 3.5                        -           Roof and wall cladding

            f)          Part 3.6                        -           Glazing

            g)         Part 3.7                        -           Fire safety

            h)         Part 3.7.1                     -           Fire separation

            i)          Part 3.7.2                     -           Smoke alarms

            j)          Part 3.7.3                     -           Heating appliances

            k)         Part 3.8                        -           Health and amenity

            l)          Part 3.8.2                     -           Room heights

            m)        Part 3.8.3                     -           Facilities

            n)         Part 3.8.4                     -           Natural and artificial lighting

            o)         Part 3.8.5                     -           Ventilation requirements

            p)         Part 3.8.6                     -           Sound insulation

            q)         Part 3.9                        -           Safe movement and access

            r)          Part 3.9.2                     -           Balustrades, design, location and height

            s)         Part 3.11                      -           Structural design manuals

 

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

 

A2       The applicant is advised that the development consent plans do not indicate compliance with the deemed-to-satisfy provisions of the Building Code of Australia and compliance may necessitate variations to the development consent plans.  In this regard, any variations which alter the configuration, size, for, layout or design of the building, may necessitate an amendment to the development consent (or a new development application), and Council’s Building Surveyor or an Accredited Certifier should be consulted prior to the lodgement of an application for a Construction Certificate.

 

ATTACHMENT/S:

 

A4 reductions

 

 

 

 

 

 

………………………………

………………………………

 

LUKE JACKSON

DIRECTOR OF PLANNING & ENVIRONMENT

SENIOR ASSESSMENT PLANNER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

DATE:

27 May, 2003

FILE NO:

D/0551/2002A4 Attachments

 

PROPOSAL:

 Section 96(2) modification to amend the design comprising changes to internal floor level heights and layout, alterations to external building form, changes to setback, relocation of building footprint, changes to internal accessways and rearrangement of basement carparking layout.

 

PROPERTY:

 100-120 King Street, Randwick

 

WARD:

 North Ward

 

APPLICANT:

 Sir Moses Montefiore Jewish Home

 

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

 

 

 

 

 

Submissions received

 

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North

 

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council as the original application was determined by Council. The approved development comprises an aged care facility containing 277 aged care beds, synagogue function room, day care centre and parking for 136 vehicles comprising Stage 1 and part Stage 2 of the approved Master Plan for the subject site. The subject site is currently undergoing earthworks and remediation.

 

The application seeks approval to amend the design comprising changes to internal floor level heights and layout (including provision of two new aged care beds), alterations to external building form, changes to the setback of the building to King Street, relocation of the building footprint westward, changes to internal accessways, and rearrangement of basement carpark layout including provision of 2 additional carparking spaces.  

 

There will be minimal impact on surrounding properties arising from the increase in internal height in terms of loss of sunlight, privacy and views, and bulk and scale. The changes do not result in any increase in the floor area of the approved development. In addition, the proposal will maintain a similar design, bulk and scale to that originally approved in the streetscape and locality. The changes to the approved building are considered reasonable.

 

The application is recommended for approval.

 

2.    THE PROPOSAL

 

The modifications to the approved building comprise the following:

 

§  Alterations to internal heights of floor levels (that is, internal floor RLs have increased) to provide higher floor to ceiling heights without increasing the overall approved external height of the proposed development.

 

§  Alterations to the external form and presentation of the proposed building by indenting outer corners to the building resulting in reconfigured terraces on all levels and additional terraces on Levels 2, 3, and 4. In addition, the facades to the Synagogue and Function Room will be further articulated to distinguish these uses from the residential component of the aged home. The indenting of corners will result in a reduction in floor space which will be redistributed to other parts of the building, namely as follows:

 

 

Existing Consent

Section 96

Synagogue Area

280m2

416m2

Synagogue Foyer Area

91m2

120m2

Function Room Area

420m2

464m2

 

 

 

The above redistribution will not change the overall approved gross floor area and FSR for the proposed development. In addition, the number of seats in the synagogue will remain unchanged at 244 seats.

 

§ Provision of an additional two aged care beds increasing from an approved 277 to 279.

 

§ Introduction of a new road into the southern carpark along the east side of the hydrotherapy pool, a colonnade along this new road, and an administration area adjacent to the entry, and relocation of the hydrotherapy entry point.

 

§ Reduction in the floor plate over the main entry road to give a more spacious entry foyer and drop off area. 

 

§ Rearrangement of internal layout on all levels, including relocation of the recreation room adjacent to the Wellness Centre on Level 3, and provision of a Rabbi’s office to the rear of the Synagogue without any additional increase in overall floor area.

 

§ Rearrangement of the building footprint to provide for a 10m setback to King Street in accordance with Condition No. 10 of the development consent and to move the building footprint westward by approximately 3.6m.

 

§ Shift the temporary access on King Street eastward to allow greater area between the road and the temporary Moriah preschool facility.

 

§ Make the vehicular entry from Dangar Street one-way allowing the entry road to be narrowed.

 

§ Rearrangement in basement carparking layout resulting in the provision of two additional carspaces and three carwash bays in accordance with Condition No. 143 of the development consent.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site comprises Lot 202 in DP 879576 located on the northern side of King Street to the west of Dangar Street and south of Govett Lane. The site has a frontage to King Street of approximately 178.8m to the south; a frontage to Dangar Street of approximately 164.5m to the east; and a frontage to Govett Lane of approximately 175.12m.

 

The subject site has an area of 2.93 ha and comprises largely vacant land currently undergoing earthworks, and a number of demountable buildings off King Street that are used as a temporary child-care centre.

 

Development in the locality is characterised predominantly by a mix of residential and institutional uses. To the west is Lot 201 formerly owned by the STA and currently the subject of an adopted Master Plan and an approved development application for a multi-unit housing development (DA No. 540/2002), to the north-west is the UNSW Press building, to the north on the opposite side of Govett Lane are single and double storey dwelling houses fronting Govett Lane, to the east on the opposite side of Dangar Street are tennis courts that form part of the University of NSW land which has an adopted Master Plan for multi-unit housing, and an existing multi-unit housing development at No. 81-99 Dangar Street, and to the south are a single and double storey dwelling houses fronting King Street and a pocket of existing retail shops on the corner of King Street and Church Street.

 

4.    SITE HISTORY

 

4.1   Application History

 

Development Application No. 0551/2002 for the demolition of existing buildings and erection of an aged care facility containing 277 aged care beds, synagogue function room, day care centre and parking for 136 vehicles comprising Stage 1 and part Stage 2 of the approved Master Plan for the subject site was approved by Council on 22 October 2002.

 

As the subject site exceeds 400m2 in area, a Master Plan was prepared for the site in accordance with Amendment No 17 to the Randwick LEP 1998. The Master Plan for aged care housing was adopted by Council on 10 July 2001 subject to a number of variations and requirements for submission of future development applications. An amended Master Plan incorporating, amongst other things, all the required variations was submitted to Council in June 2002 and adopted by Council on 27 August 2002.

 

5.    COMMUNITY CONSULTATION:

 

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

 

6.     TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Building and Construction Issues

 

No objections in relation to building and construction issues are raised to the application.

 

6.2  Engineering Issues

 

No objections in relation to engineering issues are raised to the application.

 

6.3  Landscape Issues

 

No objections in relation to landscaping issues are raised to the application.

 

6.4  Drainage Issues

 

No objections in relation to drainage issues are raised to the application

 

6.5  Traffic/Parking Issues

 

The Department of Assets and Infrastructure Services advises as follows:

 

“The AIS Dept comments relate to the amended internal road layout, which proposes entry & exit to and from the site via King St and entry only to the site via Dangar St.

 

The AIS Dept had a site meeting (26/5/03 – 10.00am) with the RTA (K Noad), Police (G Thompson) and the client’s representative (Tim Greenaway) to discuss the proposed amended internal road layout. The meeting concluded that the proposed altered entry/exit arrangement as mentioned above could be supported subject to the following amendments to the internal road layout, which are to be shown on plans submitted for the Construction Certificate:

 

1)   The entry/exit point in King St is to be redesigned so as to have a 1.00m wide traffic island located between the entry & exit points of this driveway for a distance of 6.00m within the site. The split entry & exit internal roadways are to have minimum clear widths of 3.50m wide each

 

2)   Car space No1 of the south carpark is to be relocated within the carpark and the northern entrance to the south carpark redesigned to allow 2-way traffic flow (minimum clear width 5.50m).

 

3)   The proposed storage areas at the eastern end of the south carpark are to be redesigned/relocated to allow the proposed turning area at this location to work efficiently.

 

4)   The Dangar St entrance is to be 4.00m wide (clear width) for a distance of 6.00m along the internal roadway prior to narrowing to minimum of 3.50m before intersecting with the northern approach to the south carpark.

 

5)   The western end of the Dangar St internal roadway were it intersects with the King St internal roadway is to be narrowed to a width of 3.50m and clearly signposted “No Entry” from the King St internal road into the Dangar St internal road.

 

6)   The northern entrance road to the south carpark at its intersection with Dangar St is to be signposted  “Left Turn Only” to ensure vehicles exiting the south carpark along this internal road are aware of traffic flows.”

 

Accordingly, the Department raises no objections to the application in relation to traffic and parking issues subject to conditions being applied incorporating the above-listed amendments.

 

6.6  Waste Management Comments

 

No objections in relation to waste management issues are raised to the application.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-   Randwick Local Environmental Plan 1998

-   Environmental Planning and Assessment Act 1979 as amended

-   Building Code of Australia

 

8.    SECTION 96 AMENDMENT

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the development as modified is substantially the same development as originally approved.

 

8.1  Substantially the same 

 

The proposed modification to the approved development comprising changes to design of the development including revised internal floor level heights and layout, alterations to external building form and footprint, and changes to internal accessways will not alter the proposal from that originally approved. Overall, the changes to the approved building results in a development that is substantially the same as that originally approved.

 

The current amendments are also consistent with the adopted amended Master Plan and do not require the Master Plan to be further amended.

 

8.2  Consideration of submissions

 

As noted above the owners/occupiers of adjoining properties were notified of the proposed development on 26 February 2003.  As a result, no submissions were received.

 

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     Local Environmental Planning Instrument's and State of Environmental Planning Policies (SEPP)

 

The changes to the approved building do not result in any increase in the building height and FSR of the approved development. As such, the amended proposal does not alter the status of the approved development in relation to the relevant provisions of Randwick LEP.

 

9.2     Development Control Plans and Council Policies

 

The amended proposal will comply with the requirements of the DCP –Parking.

 

9.3     Site Suitability

 

The subject site is zoned Residential 2B and has been approved for the erection of an aged care facility containing aged care beds, synagogue function room, day care centre and parking. The site is also the subject of an adopted amended Master Plan with which the approved development is consistent. The changes to the approved building are considered appropriate in relation to the attributes and constraints of the site, which remain unchanged from the original proposal.

 

9.4     Urban Design

 

The changes to the building involve internal changes to height and layout, which do not result in any increase to the height and floor area of the approved development. The proposal will involved changes to the articulation of the building along Dangar Avenue to accentuate the presentation of the Synagogue and Function centre to the street. The effect is to create a more unified builtform for these two uses distinct from the main aged care facility. The visual presentation is considered appropriate in the streetscape.

 

9.5     Impact on adjoining development

 

9.5.1  Loss of sunlight

 

The relocation of the building footprint westward by approximately 3.6m is minor and will not result in any significant changes to the overshadowing of adjoining and surrounding properties proposed under the originally approved proposal. Furthermore, there will be no increase in external building height in the amended development so that the development will still allow for adequate sunlight penetration and air ventilation within the proposed development.

 

9.5.2  Loss of Privacy

 

The proposal will introduce new terraces at levels 2, 3 and 4, which are not considered to give rise to overlooking of surrounding properties because the terraces are located at significant distances from residential properties as a result of the wide setbacks provided for in the development and the roads that front the subject site on the northern, eastern and southern boundaries. Furthermore, the amended proposal does not introduce any new windows and therefore does not give rise to loss of privacy. 

 

9.5.3  Loss of views

 

The shift in the footprint of the proposal westward by 3.6m is considered minor and will have minimal impact in terms of loss of views for surrounding properties. Moreover, the proposed amendments will not result in any increase in the height of the approved development.

 

9.6       Carparking and access

 

The proposal reconfigures the layout of the carparking spaces resulting in the creation of two additional carparking spaces, which is considered acceptable and appropriate for the proposed development.

 

The proposal will make the entry road from Dangar Street narrower restricting traffic movement to one-way. Council’s Department of Assets and Infrastructure Services (DAIS) has assessed the proposed traffic changes and held a meeting with the applicant on-site at which the representatives from the RTA and the Police were also in attendance. Following the meeting, further changes to the internal road system have been recommended by the DAIS which are to be applied as additional conditions of consent should approval be granted to the Section 96 application. The applicant has agreed to the imposition of these additional conditions of consent.

 

10.  CONCLUSION

 

The modification comprising changes to internal floor level heights and layout (including provision of two new aged care beds), alterations to external building form, changes to the setback of the building to King Street, relocation of the building footprint westward, changes to internal accessways, and rearrangement of basement carpark layout including provision of 2 additional carparking spaces is considered acceptable. The amendments do not substantially change the originally approved development and do not give rise to any adverse impacts on adjoining and surrounding properties. The proposal involves changes to the layout, configuration and external design of the approved development that generally improves the efficiency, function and visual presentation of the proposed development. In view of the above, it is recommended that the section 96 application be approved.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to modify Development Consent 551/2002 to amend the design comprising changes to internal floor level heights and layout, alterations to external building form, changes to the setback of the building to King Street, relocation of the building footprint westward, changes to internal accessways, and rearrangement of basement carpark layout including provision of 2 additional carparking spaces at 100-120 King Street, Randwick in the following manner:

 

1.         That Condition No. 1 be amended to read:

 

“1.     The development must be implemented substantially in accordance with the plans numbered A001 Issue C, A101 Issue D, A102 Issue D, A103 Issue D, A104 Issue D, A105 Issue D, A106 Issue D, A201 Issue D, A202 Issue D dated 12 June 2002 and received by Council on 13 June 2002, amended plans A101 Issue D-1, A102 Issue D-1, A103 Issue D-1, A104 Issue D-1, A105 Issue D-1, A106 Issue D, A201 Issue D-1, A202 Issue D dated 12 June 2002 received by Council on 15 October 2002, and Section 96 plans numbered A101 Issue H, A102 Issue H, A103 Issue H, A104 Issue H, A105 Issue H, A106 Issue F, A201 Issue F, and A202 Issue F, and the application form, and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:”

 

2.         That Condition No. 121 be amended to read as follows:

 

“121.   The landscaped areas shown on the plan number DA-L02 Rev. C dated 7 February 2003 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 for the building/s. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.   A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the tree/s to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

      The plan shall clearly show the position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites within 6 metres of the common property boundary which are likely to be affected by the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

3.         That the following conditions be added as follows:

 

“134.   The Construction Certificate for the subject site shall show the following details and be submitted to Council for approval:

 

a.     The entry/exit point in King Street be redesigned so as to have a 1.00m wide traffic island located between the entry & exit points of this driveway for a distance of 6.00m within the site. The split entry and exit internal roadways are to have minimum clear widths of 3.50m wide each

 

b.     Car space No1 of the south carpark be relocated within the carpark and the northern entrance to the south carpark redesigned to allow 2-way traffic flow (minimum clear width 5.50m).

 

c.     The proposed storage areas at the eastern end of the south carpark be redesigned/relocated to allow the proposed turning area at this location to work efficiently.

 

d.     The Dangar Street entrance be 4.00m wide (clear width) for a distance of 6.00m along the internal roadway prior to narrowing to minimum of 3.50m before intersecting with the northern approach to the south carpark.

 

e.     The western end of the Dangar Street internal roadway where it intersects with the King Street internal roadway be narrowed to a width of 3.50m and clearly signposted “No Entry” from the King Street internal road into the Dangar Street internal road.

 

f.      The northern entrance road to the south carpark at its intersection with Dangar Street be signposted  “Left Turn Only” to ensure vehicles exiting the south carpark along this internal road are aware of traffic flows.”

 

ATTACHMENT/S:

 

1.  A4 Attachments

 

 

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SIMA TRUUVERT

DAVID ONGKILI

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR ENVIRONMENTAL PLANNER