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

 

1 July 2003

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 8TH JULY 2003 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 10 TH JUNE, 2003.

 

3           Addresses to Committee by the Public

 

4           Mayoral Minutes

 

5           Development Applications

 

5.1                        

DEVELOPMENT APPLICATION REPORT - 47 CANBERRA STREET RANDWICK.

2

5.2                        

DEVELOPMENT APPLICATION REPORT - 791-801 ANZAC PARADE, MAROUBRA.

11


5.3                        

DEVELOPMENT APPLICATION REPORT - 7 ALKOO AVENUE LITTLE BAY

28

 

5.4                        

DEVELOPMENT APPLICATION REPORT - 6 PORTLAND CRESCENT, MAROUBRA.

36

 

 

6           Miscellaneous

 

6.1                        

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 47/2003 - APPLICATIONS TO THE LICENSING COURT OF NEW SOUTH WALES FOR EXTENSION OF TRADING HOURS.

78

 

 

7                    General Business

 

8                    Notice of Rescission Motions

 

 

 

 

 

 

………………………………………….

ACTING GENERAL MANAGER.


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

16 June, 2003

FILE NO:

DA 110/03

 

PROPOSAL:

 Alterations and additions to semi detached dwelling

PROPERTY:

 47 Canberra Street Randwick

WARD:

 East Ward

APPLICANT:

 Design Studio 407

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application involves alterations and additions to the existing semi detached dwelling including a first floor addition. The estimated cost of the development is $ 120 000.

 

The main issues with the proposal are that the proposed first floor addition fails to satisfy the objectives, performance requirements and preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies with respect to floor space ratio and the siting of the upper level in relation to the façade of the pair of semi detached dwellings.

 

The application is referred to Council for determination at the request of Councillor’s Backes, Notley-Smith and Sullivan.

 

The application is recommended for refusal.

 

2.    THE PROPOSAL

 

The application details alterations and additions to the dwelling including the demolition of some internal walls within the rear portion of the dwelling to provide for an open plan living, kitchen and dining room opening onto a paved verandah, and a brick veneer tile roof first floor addition to provide for two bedrooms, a rumpus room and bathroom. The proposed works will provide for 80m5 of additional floor area to the dwelling.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject premises is on the eastern side of Canberra Street and forms half of a pair of semi detached dwellings. The site is relatively level and has overall dimensions of 11.085m x 57.67m with an area of 269m5. The surrounding locality contains a mixture of semi detached and free standing dwellings and multi unit housing development. Many of the dwellings have been modified with first floor additions sited to the rear of the dwelling, particularly with respect to semi detached dwellings.

 

4.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with Clause 23 of the Local Environmental Plan 1998. No submissions have been received:

 

5.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)        Randwick Local Environmental Plan 1998

 

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

 

5.1  Policy Controls

 

Development Control Plan for Dwellings and Attached Dual Occupancies.

 

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has achieved preferred solutions).

LANDSCAPING & OPEN SPACE

The size and dimensions of landscaped areas suit the projected needs of the dwelling occupants and accommodate outdoor recreation needs

S1  40% of the total site area is landscaped and half of this is soft landscaping

 

No change to existing levels of landscaping

 

FLOOR AREA

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

FSR

<300m2   0.65:1

>301 to 450m2         0.6:1

451-600m             0.9
Site Area(m2)

1500>600m2                 0.5:1

Floor space ratio of the dwelling will be 0.71:1 which does not comply with the preferred solution of the DCP. The applicant has not demonstrated that compliance with the overall objectives and performance requirements of the DCP have been satisfied.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

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

 

 

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

 

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

 

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

 

The external wall height of the dwelling does not at any point exceed the preferred solution of the DCP.

 

The position of the first floor addition to the semi detached dwelling does not satisfy the preferred solutions of the DCP in that it is sited at the front of the dwelling rather than to the rear of the dwelling and therefore the symmetry of the pair of semi detached dwellings is not respected.

VISUAL AND  ACOUSTIC PRIVACY

P1 overlooking of internal living areas and private open spaces of residential development is minimized through appropriate building layout, location and design of windows and balconies and where necessary separation, screening devices and landscaping

S1 Habitable windows with a direct outlook to another dwellings habitable room windows within 9m are offset by more than 45 degrees if have obscured glazing installed below 1.5m above floor level

 

S2 Where a direct view is available into private open space of an existing dwelling outlook from windows and balconies is screened of obscured

There are no significant privacy impacts in that the proposed upper level windows do not look into the windows on the adjoining premises or any private outdoor areas. The proposed verandah to the rear of the dwelling includes a fixed privacy screen to the northern elevation

 

SOLAR ACCESS AND ENERGY EFFICIENCY

P2 Buildings are sited and designed to maximise solar access to north facing living areas and areas of open space

 

P9 The design and siting of new buildings and additions to existing buildings minimises loss of solar access to neighbouring properties

S9 The principal outdoor recreation area of neighbouring dwellings receives at least 3 hours of sunlight over at least part of its area between 9.00am to 3.00pm on June 21

Shadow diagrams included with the application indicate compliance with the preferred solution of the DCP.

 

6.    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.

 

6.1   Floor Area

 

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

 

The preferred solution of the DCP is that a maximum floor space ratio of 0.65:1 applies.

 

The proposed floor space ratio of the dwelling including the first floor addition will be 0.71:1 which does not satisfy the preferred solution maximum of the DCP and represents a departure from the maximum floor area of 17m5. It is also not considered that the proposal will satisfy the overall objectives and performance requirements of the DCP in that the building will be incompatible with the both the bulk and scale of the adjoining semi detached dwelling which is of single storey scale and the surrounding dwellings which are predominantly single storey in nature.

 

6.2   Landscaping

 

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

 

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

 

The proposal does not alter the existing levels of landscaping on the site.

 

6.3   Height, Form & Materials

 

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

 

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

 

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

 

The proposed first floor addition maintains essentially the same building footprint as the existing building, and the proposal has no regard for the preferred solution, and standard practice, whereby an upper level to a semi detached dwelling is sited behind a substantial portion of the existing roof form. It is noted that the pair of semis are symmetrical and relatively intact, and it is considered that the first floor addition as proposed would have a substantial adverse impact upon the architectural integrity of the pair of semis and will detract from the existing local streetscape and set a poor precedent.

 

The siting of the addition towards the rear of the dwelling as required by the preferred solution of the DCP would not result in a substantially reduced impact upon the amenity of the adjoining premises. It is noted that there would be a degree of additional overshadowing to the adjoining premises if the addition was sited further towards the rear of the dwelling, however this is unavoidable due to the east west orientation of the allotment and the overall objectives, performance requirements and preferred solutions of the DCP with respect to solar access would remain satisfied.

 

Generally, first floor additions to the front of semi detached dwellings are only supported when first floor additions to both dwellings are proposed and the works are carried out concurrently, which maintains the symmetry and architectural integrity of the pair of semi detached dwellings.

 

6.4   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 conforms 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 be closer than 4.5m to the rear boundary.

 

The first floor addition maintains the existing side boundary setbacks of 1715mm from the northern side boundary and up to the southern boundary party wall. There are no objections to the northern boundary setback in that the preferred solutions are readily complied. With respect to the setback from the southern boundary there are no objections in that it is necessary to maintain fire separation between the dwellings, however in this instance the wall upon the southern boundary extends past the ridge line of the roof which will detract from the appearance of the pair of dwellings.

 

6.5       Visual & Acoustic Privacy

 

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

 

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

 

It is not considered that there will be any significant impacts upon privacy to the adjoining premises in that the windows within the side elevation of the dwelling will only look upon the roof of the adjoining premises rather than into private living areas. With regard to the proposed balcony to the rear of the dwelling, suitable privacy screens may be installed to both ends of the balcony.

 

6.6       Solar Access and Energy Efficiency

 

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

 

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

   

It should be noted that the Amendment to the DCP deletes, amongst other items, the performance requirement that 3 hours of sunlight be available over at least part of the surface of the adjoining premises between 9.00am to 3.00pm and replaces it with as follows;

 

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

 

Shadow diagrams included with the application indicate that the degree of additional overshadowing to the adjoining premises will not be substantial and will satisfy the overall objectives and performance requirements of the DCP.

 

7.         CONCLUSION

 

The proposal does not satisfy the relevant objectives, performance requirements and preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies, particularly in respect to the scale and siting of the first floor addition and resultant adverse streetscape impact and will set a poor precedent for further residential development of this nature.

 

RECOMMENDATION

 

THAT Council as the consent authority, refuse development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.110/03 for permission to carryout alterations and additions to the dwelling at 47 Canberra Street Randwick for the following reasons:

 

1          The proposed first floor addition does not comply with the objectives, performance requirements and preferred solution relating to floor space as contained in the Development Control Plan (DCP) for Dwellings and Attached Dual Occupancies.

 

2          The siting of the proposed first floor addition does not comply with the objectives, performance requirements and preferred solutions relating to height, form and materials contained in the Development Control Plan (DCP) for Dwellings and Attached Dual Occupancies in that the second storey portion is not setback from a substantial portion of the existing roof form and does not respect the symmetry of the adjoining semi detached dwelling.

 

3          The proposed addition would set an undesirable precedent.

 

ATTACHMENT/S:

 

A4 reduced plan

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ASSESSMENT OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

19 June, 2003

FILE NO:

D/00437/1998

 

PROPOSAL:

 Section 96 Modification: - For minor alterations to the design of an 8 storey commercial/residential building, townhouses and 2 levels of basement parking including changes to roof parapet and balcony configurations, change design to roofs, additional pergolas, change to private areas and window configuration, change of size and internal planning of fire stair area of commercial tenancies

PROPERTY:

 791-801 Anzac Parade, Maroubra

WARD:

 Central Ward

APPLICANT:

 Bernard Young Design Group

 

 

 

 

 

 

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.

 

It is proposed to amend condition 1 to allow modification of the external appearance of the approved 8 storey commercial/residential building, townhouses and 2 levels of basement parking including changes to roof design, balcony and window configurations, additional pergolas, changes to private terrace areas and some internal changes. It is noted that the development has not currently been constructed.

 

This Section 96 application was notified to adjoining and nearby property owners and no submissions were received.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The following modifications are proposed for this Section 96 application :

 

-     Changes to the rail and up stand wall to the roof parapet.

-     Minor changes to the size and proportion of windows and balcony areas.

-     Curved roof design over the plant room in place of a straight-pitched roof.

-     Provision of an awning at the entry at level 1.

-     Additional pergolas to the outdoor terrace areas of the townhouses.

-     Changes to the roof design over the townhouses in Ferguson Street.

-     Additional security to terraces to the units in Anzac parade and the common areas on level 1 podium level.

-     Changes to the approved window configuration in the apartment building.

-     Internal planning alterations to the fire stair area at the rear of the commercial building on ground floor.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Anzac Parade and south of the intersection of Anzac Parade and Maroubra Road. The site also has frontage to Ferguson Street.

 

Existing on-site is a commercial/retail building fronting Anzac Parade, and an adjoining two-storey residential flat building to the rear fronting Ferguson Street. The site is located in the Maroubra Commercial Precinct. Immediately adjoining the site on its southern side is a two-storey brick building at No 803 Anzac Parade containing an Auto-parts shop. Further south at No 805 Anzac Parade is a part 6 storey and part 7 storey commercial / residential development. To the west on the opposite side of Ferguson Street are dwelling houses having frontage to Ferguson Street at No 22, 24 and 26 Ferguson Street. To the north is a part one and part two storey brick building containing a medical centre.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

DA 437/1998            Approval was granted by Council on 19 October 1999 to construct an eight storey commercial/residential building comprising ground floor commercial, seven residential levels containing dwelling units fronting Anzac Parade and town houses fronting Ferguson Street and 2 levels basement car parking.

 

5.    COMMUNITY CONSULTATION:

 

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

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Engineering Issues

 

The application has been referred to the Director of Asset and Infrastructure Services who raised no engineering objections to the proposal.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The section 96 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 Business General 3(a) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

7.1   Policy Controls

The following Council Policy controls apply to the proposed development: -

a.     Development Control Plan No. 15 – Maroubra Junction Commercial Centre.

b.     Development Control Plan – Parking.

c.     Draft Development Control Plan – Maroubra town Centre.

d.     Randwick Local Environmental Plan 1998 (Draft Amendment No 33)

 

8.    SECTION 96 AMENDMENT

 

8.1   Substantially the same

The proposed modification does not substantially alter the design and layout of the proposed development and is considered to constitute substantially the same development as of originally approved.

 

8.2   Consideration of submissions

 

The application was notified to surrounding property owners on 14 May 2003 for a period of 14 days. The proposed development was also advertised in the local press on 14 May 2003. As a result of this notification, 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   Floor Space Ratio

 

The proposed modification will not alter the approved floor space of 2.86:1. It is to be noted that the development will fall below the allowable maximum Floor Space Ratio of 3:1 for this area.

 

The proposal is considered satisfactory in this regard.

 

9.2   Car Parking

 

The total car parking requirement for the proposed development under DCP – Parking is 92 spaces. The proposal will provide 95 car parking spaces, 3 spaces above the required number.

 

The proposal is satisfactory in this regard.

 

9.3   Building Height

 

The amended proposal complies with Council’s building height and envelope requirements of a maximum height of 24m above natural ground level and a 45-degree height plane above 8 metres along the Ferguson Street frontage. The change in the roof design from pitched to curved will not increase the overall height of the building from the approved maximum RL 54.82.

 

9.4   Building Design

 

The design and appearance of the proposed building will not be greatly affected by the changes and will remain similar as the approved application, which is of contemporary architectural style. The elevation to Anzac Parade will slightly be modified to include the change to the rail and upstand wall to the roof parapet, however minor changes to the windows and balconies areas will not change the overall aesthetic appearance of the building.

 

10.  CONCLUSION

 

The proposed development will remain substantially the same development as that originally approved. The amendments are considered acceptable from amenity and design aspect. It will not result in any significant negative impacts to the adjoining owners, as the changes are considered minor in nature.

 

It is recommended that the 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 No. 437/1998 on property 791-801 Anzac Parade, Maroubra Junction in the following manner:

 

·    Amend Condition No 1 to read:

 

“ 1.   The development shall be implemented substantially in accordance with the amended details set out on the plans numbered BA-01 to BA-12 dated 01.04.03 received by Council on 23 April 2003, and on the application form and on any supporting information received with the application, except as may be amended by the following condition and as may be shown in red on the attached plans:”

 

ATTACHMENT/S:

 

A4 Configurations

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

IDALY YAP

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

16 June, 2003

FILE NO:

DA 345/03

 

PROPOSAL:

 Alterations and additions to dwelling house

PROPERTY:

 7 Alkoo Avenue Little Bay

WARD:

 South Ward

APPLICANT:

 R Sclater

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application details alterations and additions to the rear of the dwelling to provide for a new garage and carport to the northern side of the dwelling and a new masonry fence to the front boundary. The estimated cost of the development is $ 50 000.

 

The main issues relating to the application are the siting of the garage wall to the northern boundary and the resultant impact this will have upon the amenity of the adjoining premises at 5 Alkoo Avenue.

 

The application is referred to Council’s Committee for determination at the request of Councillor’s Andrews, Mathews and White.

 

The application is recommended for refusal.

 

2.    THE PROPOSAL

 

The application details the erection of a new garage and carport to the rear and side of the dwelling sited up to the northern side boundary and the erection of a new masonry, metal infill panel fence to the front boundary. An existing detached garage to the rear of the dwelling will be demolished to accommodate the proposed works.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The locality is residential in nature and contains predominantly free standing single storey dwellings. The site is relatively level and has an area of 594m5 and a street frontage of 15.24m, the existing streetscape is relatively open with large front yard areas being the main characteristic of the locality.

 

4.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with Clause 23 of the Randwick Local Environmental Plan 1998. The following submissions were received:

 

            R & R Lewis – 5 Alkoo Avenue

-     There are concerns as to the potential impact upon access to light to windows within the southern elevation of their dwelling.

 

Comment:

 

It is considered that the objector’s concerns have merit in that a 2.8m high wall upon the boundary for a distance of 11.8m will have a significant adverse impact upon the amenity of the adjoining premises, by reducing light, outlook and ventilation from the windows within the southern elevation of the dwelling which serve habitable rooms within the dwelling.    

 

5.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

5.1  Policy Controls

CONTROLS

PERFORMANCE

REQUIREMENTS

PREFERRED

SOLUTIONS

COMPLIANCE

(how applicant has

achieved preferred solutions).

LANDSCAPING & OPEN SPACE

The size and dimensions of landscaped areas suit the projected requirements of the occupants and provide for outdoor recreation needs

S1  40% of the total site area is landscaped and half of this is soft landscaping

 

The preferred solution is satisfied in that more than 60% of the site area is provided as landscaped area and most of this is soft landscaping

 

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

Floor space ratio of the dwelling will be 0.28:1 which satisfies the preferred solution of the DCP.

HEIGHT, FORM & MATERIALS

P1  Height relates to surrounding streetscape.

 

 

 

 

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

 

 

 

 

The external wall height of the dwelling does not at any point exceed the preferred solution of the DCP.

 

GARAGES, CARPORTS AND DRIVEWAYS

P2 not breach the predominant building alignment or become and undesirable precedent.

 

P3 Not dominate or detract from either the appearance of the dwelling or the local streetscape

 

S2 Where vehicular access is available only from the front of the allotment carports and garages are located behind the building line.

The proposed carport and garage are sited behind the façade of the dwelling and will not detract from the appearance of the dwelling or the local streetscape.

 

FENCES

 

 

P1 Front fences are integrated with the surrounding streetscape and compatible with the appearance of the building and the established local fence form

 

S1 Fences in front of the building line or on street frontages are no higher than 1.8m and are designed so that the upper two thirds is at least 50% open

The proposed front fence satisfies the preferred solutions of the DCP

SETBACKS

To integrate new development with established setbacks and ensure that dwellings have access to natural light, daylight and ventilation

Side boundary setbacks are the building is sited no less than 900mm from the side boundary for any part of the building over 1m above ground level.

The siting of the garage wall upon the northern side boundary of the allotment fails to satisfy the objectives, performance requirements and preferred solutions of the DCP.

 

6.    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.

 

6.1   Floor Area

 

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

 

The preferred solution of the DCP is that a maximum floor space ratio of 0.65:1 applies.

 

The proposed floor space ratio of the dwelling including the excess garage allowance will be 0.28:1, which readily satisfies the preferred solution of the DCP.

 

6.2   Landscaping

 

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

 

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

 

The preferred solutions of the DCP are satisfied in that more than 60% of the site is provided as landscaped area and most of this is soft landscaping in the form of lawn and garden.

 

6.3   Height, Form & Materials

 

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

 

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

 

Preferred solutions include that the external wall height of the building not exceed 7m.

 

The proposed building does not at any point exceed the preferred solution maximum wall height of 7m.

 

6.4   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 conforms 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 be closer than 4.5m to the rear boundary.

 

The proposed wall of the garage which is attached to the dwelling will be sited up to the northern side boundary which does not satisfy the preferred solutions of the DCP.  With respect to the overall objectives and performance requirements of the DCP the application also fails in that the siting of a 2.8m high masonry wall upon the boundary for a length of 11.8m will result in a significant adverse impact upon the amenity of the adjoining premises with respect to adequate access to light and ventilation. The excessive length and mass of the structure will also have an overbearing impact on the neighbouring property and accentuates the sense of enclosure.

 

6.5    Fences

 

The overall objectives and performance requirements of the DCP are that front fences are integrated with the surrounding streetscape and compatible with the appearance of the building and established local fence form. The preferred solutions include that the maximum height of front fences is 1.8m with the upper two thirds at least 50% open.

 

The proposed front fence is a maximum of 1.5m in height with 1m of the fence being of open style metal infill panels which satisfies the preferred solutions of the  DCP.

 

7.     CONCLUSION

 

The siting of the proposed garage up to the northern  side boundary of the allotment fails to satisfy the objectives, performance requirements and preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies with respect to building setbacks and will result in a significant adverse impact upon the amenity of the adjoining premises at 5 Alkoo Avenue. The development application is therefore recommended for refusal for the reasons as detailed.

 

RECOMMENDATION:

 

THAT Council as the consent authority, refuse development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.345/03 for permission to carryout alterations and additions to the dwelling at 7 Alkoo Avenue Little Bay for the following reasons: -                      

 

1.         The proposed garage to the northern elevation of the dwelling fails to satisfy the objectives, preferred solutions and performance requirements of the Development Control Plan for Dwellings and Attached Dual Occupancies in that the position of the garage up to the northern boundary will not provide adequate access to light and ventilation to the adjoining premises.

 

2.         The proposed garage to the northern elevation of the dwelling fails to satisfy the objectives, preferred solutions and performance requirements and preferred solution of the Development Control Plan for Dwellings and Attached Dual Occupancies in relation to building setbacks in that the garage is sited less than 900mm from the side boundary.

 

3.         The position of the garage up to 2.8m in height and 11.8m in length upon the northern side boundary will have an adverse impact upon the visual amenity of the adjoining premises.

 

ATTACHMENT/S:

 

A4 reduced plans

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ASSESSMENT OFFICER

 

 


 

 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

 

DATE:

17 June, 2003

FILE NO:

03/00212/GE

 

PROPOSAL:

 To demolish the existing dwelling and construct three townhouses including garages

PROPERTY:

 6 Portland Crescent, Maroubra

WARD:

 South Ward

APPLICANT:

 Gemini Home Design P/L

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

The estimated cost of the development is $ 450,000.

 

The original proposal was notified to adjoining owners and one (1) submission was received. The applicant has submitted amended plans in order to address Council’s concerns in relation to proposed height, bulk, roof profile, landscape area and formal entrance area.

 

The amended proposal is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal is to demolish the existing building and to construct a multi unit development consisting of 3 attached townhouses. The proposal does not include strata subdivision of the townhouses.

 

One townhouse is proposed to be orientated to the front of the site facing Portland Crescent. The other two townhouses are to be located at the rear, behind the first townhouse with their respective garages. Entries into the rear townhouses are tucked partially below the natural ground level and partially semi-submerged.

 

One (1) visitor car parking space is to be provided at the northwestern corner of the site. Vehicular access into the rear parking spaces is via a driveway, which is located adjacent to the western boundary.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is an irregular shaped allotment being wider at the front, with a frontage of 20.115m and a rear boundary width of 15.24m. The overall land area is 511.80 square metres. The land slopes to the rear with a fall of approximately 2-3m, and also across the site from east to west with a fall of 500mm-1.0m. Currently a single dwelling exists on the site, with an attached carport and a shed at the rear.

 

The area is characterised by single dwellings on the subject side of the street, with a mix of single and double storeys dwelling houses. Nearby at number 2, 3 and 5 Portland Crescent are a group of Department of Housing units arranged in a number of blocks with varied setbacks and are 3 storeys in height.

 

The subject property is located within an area that is designated as the Coral Sea Park Estate, which contains a variety of single storey bungalows and carefully planned and sited low-rise residential flat buildings. The character of the area has in recent times changed in that there is a substantial amount of redevelopment occurring in the form of multi unit housing.

An extensive report about the Coral Sea Park Estate was prepared by Associates Professor John Toon (Sydney University) in 1982, within which the character and significance of the Estate was commented on. This report emphasised the relative scale, sensitive placement and compatible configuration of the residential flat buildings, which have mixed so successfully with the predominant single dwelling house subdivision pattern. Mr Toon states that the main features of this Estate are the balance or variety of housing types, the provision and spatial arrangement of community facilities, the sense of spaciousness in the arrangement of residential buildings, and the harmonious streetscape provided.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

No previous development application history exists on site.

 

A meeting was held between the applicant and Council officer to discuss issues/concerns regarding the proposal, which resulted in the submission of amended plans and supporting letters from the applicant (lodged on 27 May 2003). It is to be noted that given the amended proposal represents a substantial improvement to the original and does not entail significant changes, renotification was not considered necessary.

 

The amended plans detail the following changes to the original proposal:

 

1.     The front townhouse (unit 1) is repositioned eastward by approximately 1.2m to create a separate pedestrian pathway for access to the rear townhouses adjacent to the driveway.

2.     The front townhouse to be lowered in height by approximately 705mm in order to reduce the bulk of the building.

3.     The rear townhouses (unit 2 & 3) are to be repositioned in order to eliminate a straight run of 11 metres of walls in the easterly and westerly elevations.

4.     A better-integrated roof design is proposed which eliminates the visually undesirable side view of the original design.

5.     The rearrangements of pathway and courtyard layouts have allowed an increase in the provision for soft landscaped area on site.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

1.   Mr & Mrs Formosa 

20 Chicago Avenue, Maroubra

 

-     Loss of privacy to our backyard

-     Height of the proposal is overbearing

-     The layout of the development is not appropriate and is not in keeping with the development pattern of adjacent properties.

-     Proposal does not comply with the 6.0m rear setback requirement

-     Vehicle parked in the visitor car parking space would find it difficult to exit in a forward direction.

 

5.2   Support

 

No letter of support was received during the notification.

 

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

 

The application was referred to the Manager of Environmental Health & Building for comment. The Manager in his report raised no objection to the proposal subject to imposition of 50 recommended conditions should the application be approved.

 

6.2  Engineering Issues

 

Landscape Comments

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

 

1.   One (1) Eucalyptus species (Gum Tree) located towards the front of the site. This tree is in the order of 8 metres in height appears to be in good condition and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree subject to one replacement (not palm) located within the site.

 

2.   One (1) Arecastrum romanzoffianum (Cocos Palm) located towards the northwestern corner of the site. This tree is in the order of 6-8 metres in height appears to be in good condition and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree subject to one replacement (not palm) located within the site.

 

3.   One (1) Cupressus species (Cypress) located along the western boundary of the site. This tree is in the order of 6-8 metres in height appears to be in good condition and is covered by Council’s Tree Preservation Order. Permission is granted for the removal of this tree subject to one replacement (not palm) located within the site.

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

Traffic Comments

 

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

 

The driveway opening at the Portland Crescent frontage must be located a minimum 0.75m east of the western side boundary. The EPCD Dept is advised that this will be a redesign.

 

 

The EPCD Department is to determine whether the internal driveway gradients comply with Council's DCP - Parking. No internal gradients have been provided.

 

7.    MASTER PLANNING REQUIREMENTS

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

30 – Min. Lot Size

N/A

N/A

N/A

31 - Landscape Area

 

 

 

 

 

 

 

 

 

Clause 31(2):

50% of site area

 

Clause 31(3):

Not more than

50% of the required landscaped area to be provided over podiums or excavated basement areas

51% ( 258.51m2)

 

 

10 %  (25.85m2)

 

 

 

 

 

Yes

 

 

Yes.

 

 

 

 

 

32 – FSR

0.65:1

0.63:1

Yes

33 - Building Height

9.5m max. Overall

 

 

7m max. Wall height

Max. 8.1m to top of ridge

 

6.10m max. wall height

Yes

 

 

Yes

 

 

8.1  Policy Controls
a.  Development Control Plan – Multi Unit Housing

 

CONTROLS

PERFORMANCE REQUIREMENTS

PREFERRED SOLUTIONS

COMPLIANCE

 (How applicant has achieved performance requirements or preferred solutions)

site planning

P1 Development applications accompanied by Site Analysis Plan.

 

P2  Development sites have appropriate areas/dimensions to allow for satisfactory siting of buildings.

 

 

 

 

 

S2 Sites are of regular shape with frontages of at least 20m.

 

Complies

 

 

 

Complies; Site has appropriate areas/dimensions with 20.115m frontage to Portland Avenue. The performance requirements will be satisfactorily met.

building height

P1 Heights of walls, their location and orientation do not cause substantial adverse impacts on streetscape or adjoining properties.
 
P2 Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.
 

 

Complies; the proposed building complies with the height limits under the LEP and DCP.

 

 

 

Complies; The proposal responds to the topography, dimensions and orientation of the site and surrounding properties, and incorporates a number of features which help to reduce its apparent bulk.

BUILDING SETBACKS

Front  boundary setbacks

P1 The front setback consistent with streetscape /adjoining dwelling.

 

 

 

 

 

 

Complies; The proposed 6.0m setback is considered acceptable given that there is no established street setback of the adjoining buildings.

 

Side boundary setbacks

P2 Side setbacks to ensure:

· Solar access maintained and overshadowing minimised.

· Privacy between adjoining dwellings and open spaces.

· Landscaping and private open space provided.

· Streetscape amenity is maintained.

 

S2 Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres. 

 

 

 

 

 

Maximum length of wall without articulation is 10 metres.

 

 

Complies. Average setback is 4m with mininum setback of 2.7m.

 

 

 

 

 

 

 

 

Complies. Maximum length of unarticulated wall is 5.81m.

 

 

 

Rear Boundary Setbacks

P3 Ensure that:

· solar access and overshadowing are minimised.

· Privacy between neighbouring dwellings and their open spaces provided.

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

· Building built across site.

 

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 2.5 metres.

 

 

 

Maximum length of wall without articulation 10 metres.

 

Complies-Minimum setback 6.1m at all levels.

 

 

 

 

 

Complies.

 

 

General

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

 

 

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

 

Complies.

DENSITY

P1 Building bulk compatible with surrounding built forms and minimises impact on nearby buildings, open spaces and the streetscape.

 

 

 

Complies; The proposed building is an infill development. The bulk and scale of the building is compatible with the surrounding mixture of different developments in the locality, and provides an acceptable streetscape fit.

FENCES

P1

· Front fences consistent with streetscape.

· Entrances highlighted.

· Planting used to soften and provide privacy.

S1

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

 

 

N/A; front fences is not proposed.  An advisory condition is to be attached that a separate application is to be submitted to and approved by the Council for any proposed fencing to the premises, unless exemp developemnt.

 

LANDSCAPEAND OPEN SPACE

La   Landscaped Areas

P1   Areas are sufficient size allow recreational activities and substantial vegetation.

 

P2 Areas around multi-unit buildings are communal open space and not divided up for allocation to individual units.

 

S1  Minimum for landscaped area 2 metres.

Complies; Landscaped areas have dimensions greater than 2.0metres.

 

 

 

Complies; Communal open space is available at ground level.

 

Private Open Space

P3    Provides privacy for its users, is readily accessible, and provides opportunities for outdoor recreation / living.

 

P4 Is located in front of the building only where setback and fence design sympathetic.

 

 

 

Complies.

 

 

 

 

Complies.

 

Flats and apartments

P6 Dwellings have direct access to courtyard, balcony, deck or roof garden.

 

S6    Minimum area of 8m2 and a minimum dimension of 2 metres.

 

 

Complies.

 

PRIVACY

Visual Privacy

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

 

P2 Private open space design and location ensure privacy.

 

Acoustic Privacy

P3 Building layout and design minimises noise transmission. of noise. Quiet areas separate noise-generating activities.

 

P4 Building construction transmission of noise.

 

 

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

 

 

 

 

 

 

 

 

 

 

 

S4 Wall / floor insulation & sound consistent with

Building Code of Aust.

 

 

Does not Comply; Some overlooking may occur from timber decks (See Section 9.1 below). It is recommended that a condition be attached that the external decks for unit 2 & 3 be reduced in size to a landing only for the stairs.

 

Complies.

 

 

Complies.

 

 

 

 

Complies.

VIEW SHARING

 

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

 

 

 

 

 

 

Complies; there will be no view loss.

 

 

SOLAR ACCESS AND ENERGY EFFICIENCY

Solar Access to Neighbouring Properties

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

 

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

 

P1.2-3 Solar access to living areas and at least 50% of principal landscaped areas of neighbouring properties is not reduced to less than 3hrs/day.

 

 

 

Complies.

 

 

 

N/A

 

 

 

Complies.

 

 

Building Layout, Design and Construction

P4 Protect from prevailing strong winds and adverse weather.

· Living areas are orientated to the north.

· Larger windows are located on the north.

 

 

 

S4 75% of dwellings achieve 3.5star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars. The Nat HERS rating for each dwelling (on a typical unit basis) is provided with the application.

 

 

Complies. Each unit proposed achieve a 3.5 star Nat HERS rating.

 

SAFETY AND SECURITY

P1 Design allows surveillance.

P2 Approaches and entries are visible.

P3 High walls and structures avoided.

P4 Resident car parking has security grilles or doors.

P5 Visitor parking spaces clearly identifiable.

P6 Adequate lighting for personal safety and security provided.

 

Complies; A condition of consent is to be attached that provision of a barricade is to be provided between the pathway entrance and the driveway for safety concerns.

CAR

PARKING

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

 

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

 

P3 Secure storage for bicycles is provided.

 

 

Required On-site Parking

 

1 bedroom dwelling

1 space per dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

 

Visitor parking is 1 space per 4 dwellings.

 

Complies; Internal side driveway provides access to parking at rear of site. 

 

N/A; as development contains less than 15 dwellings
 
 

 

 

Complies; It is possible to store bicycle in the garage.

 

 

 

Complies- A total of 3.6 spacesare required. Applicant proposes a total of four (4) spaces.

DRIVE-WAYS AND TURNING

AREAS

P1 Areas of driveways and manoeuvring are minimised.

 

P2 Vehicles enter/ leave in a forward direction.

 

 

 

 

 

 

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

 

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

 

 

P5 Materials and finishes are consistent.

 

 

P6 Driveway gradients safe.

 

 

 

 

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

 

 

 

 

 

S3 Long driveways provide passing bays

 

 

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

 

S5 Large expanses of uncoloured concrete avoided.

 

S6 Driveway gradients do not exceed 1 in 6 or 1 in 5 for ramps over 20m.

Complies.

 

 

Does not Comply; It is recommended that a condition be attached to remove the external party wall between unit 2 & 3 to allow better manoeuvrability of vehicles parked at the rear. (See section 9.4 below)

 

Passing bay/s not required due to short length of proposed driveway.

 

 

Does not comply; proposed driveway has nil (0) setback from the western boundary. (See section 9.4)

 

 

Complies.

 

 

 

Does not comply; gradient exceed 1in 6 therefore it is recommended that the driveway gradient is to be amended so that it comply with the Australian standard or with the preferred solution of the DCP. (See section 9.4)

STORAGE

P1 Accessible and separate storage for each dwelling.

S1 10sqm of storage space is provided for each dwelling. Minimum clearance height of 2.1m. At least 50% of storage space is within dwelling and is readily accessible from either the hallway or main living area. Storage facilities may be in basement areas, or attached to garages.

 

Complies- large garages and laundry areas are proposed at basement level for storage purposes. Robes are provided in at least two bedrooms of each proposed dwelling.

BARRIER-FREE ACCESS

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

 

 

P2 Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

The requirements of AS1428.1 and AS 4299 are to be considered.

 

 

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

 

N/A as the proposed building contains only 3 dwellings.

 

 

 

 

 

 

 

 

b.     Development Control Plan - Parking

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

 

Car Parking

a)    number

 

 

 

 

 

 

 

 

 

 

b) layout

 

 

 

 

 

Bicycle Storage

 

 

 

1.5 spaces for each three bedroom dwellings (3 x 1.2 = 3.6 spaces)

 

1space/4 dwgs for visitors.

 

TOTAL SPACES REQUIRED = 3.6 SPACES

 

As per DCP.

 

 

 

 

 

1space per 3 units plus 1 visitor space per 10 units

 

 

4.0 spaces available with the possibility of one additional space stacked park in front of unit 1 garage.

 

 

 

 

 

 

Unenclosed spaces 2.75m min.; end bay spaces 3.2m. All spaces 5.4m in lengths. Aisle width is 5.5m.

 

Garage areas may be used for bicycle storage.

 

 

Yes

 

 

 

 

 

 

 

 

 

 

Complies.

 

 

 

 

 

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   Privacy

 

Concerns were raised from the adjoining rear neighbour at No 20 Chicago Avenue, Maroubra in relation to loss of visual privacy to their backyard from the kitchen window and sliding door of townhouses No 3. It is noted that there is a distance of 6.0m from the rear boundary to the proposed building alignment and that the proposed development comply with the rear setback preferred solution requirement of the DCP. It is considered that visual privacy between the proposed development & adjoining buildings is reasonable in this circumstances, however in order to reduce the possible overlooking from the external timber decks, it is recommended that a condition is attached that the external decks for unit 2 & 3 be reduced in size to allow for a landing only for the stairs. In addition, a further additional condition is to be attached that advanced screen planting is to be provided along the rear and side boundaries so as to reduce overlooking of rear yard areas of the adjoining residential properties.

 

9.2   Height

 

The adjoining rear neighbour at No 20 Chicago Avenue, raised concerns that the proposed building is three storeys in height. It is to be noted the applicant has submitted amended plans, which shows the lowering of the front townhouse by approximately 705mm in order to reduce the bulk and scale of the building. The applicant has also submitted a letter of justification as to why it is not possible to further lower the development into the ground. The applicant argues that it is necessary to maintain a workable gradient for the driveway to access the rear garages of the Townhouses No 2 & 3.  The applicant also states that, “it is important to acknowledge that the majority of the upper level of the townhouses is in fact built within the roof space, and may give an observer the visual illusion that the rear townhouses are 3 storeys high”. It is considered that the proposed height is reasonable in this instance as it complies with both the 7.0m wall height and 9.5m maximum building height standards under the Randwick LEP 1998 and DCP for Multi Unit Developments.

 

9.3   Rear Setback

 

The proposed development complies with the preferred solution for rear setback of 6.0m and the performance requirements of the DCP.  It is considered that there is adequate separation between the proposal and neighbouring buildings in order to maintain reasonable levels of solar access and minimise overshadowing.

 

9.4   Car Parking / Driveways

 

The proposed total of 4 car-parking spaces for the development achieved the numerical requirements of Council’s DCP-Parking. Some concerns are raised that there will be difficulty in manoeuvring the vehicles parked at the rear of the site (vehicles parked in garages for townhouses 2 & 3 and visitor car parking space) out in a forward direction. Should the application be approved, it is recommended that a condition be attached to remove the external party wall at ground level between the front of the garages of townhouse No 2 & 3 to allow for improved/better manoeuvrability of vehicles parked at the rear. Some concerns are also raised that the driveway gradients exceed 1 in 6 or 1 in 5 for ramps. It is recommended that a condition be imposed that the driveway gradient is to comply with the Australian standard or the preferred solution of the DCP.

 

The DCP also recommends the driveway to be a minimum width of 3 metres and be at least 1 metre from any side or rear fence. The proposed driveway is 3 m in width however, has nil (0) setback from the side fence. It is to be noted that provision of a 1.0m driveway setback will result in the reduction of the available private open space areas located at the eastern side of the site, as the footprint of the building will need to be repositioned eastward. Such redesign or reduction in the private open space is not considered desirable. Given that a side pedestrian entry/access is more preferrable that a 1.0m driveway setback in this instance, it is considered that the car-parking layout is acceptable in this regard.

 

9.5   Areas of special significance – Coral Sea Park Estate

 

The proposed finishes of the building are face brick and dark roof tiles, which is consistent with the dominant themes in the Estate.  The proposed building has a similar bulk and scale to other townhouse and flat buildings in the near vicinity, and the proposal will maintain a rear garden area and open spaces between buildings.  It is considered that the proposed development will be consistent with and maintain the characteristics of the Estate. In order to break up the bulk and increase the aesthetic appearance of the building, it is recommended that additional windows be provided at the western elevation of townhouse No 1. A high level block glass window with a sill height of a mininum of 1.5m for the garage and a high level window with either hood or louvers for bedroom No 1 with either clear or frosted glazing.

 

10.   CONCLUSION

 

The proposal complies with Randwick LEP 1998. The development is also generally consistent with the provisions of the DCP- Multi Unit Housing, with the exception of privacy, driveway gradients and manoeuvrability of vehicles.  The scale of building is considered appropriate with an open landscaped area in front of the building, stepped wall at the side elevation, an integrated roof form and other architectural elements for an attractive appearance.

 

The amended proposal represents a substantial improvement to the original proposed development and is recommended for 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 03/0212/GE for demolition of the existing dwelling and construction a three townhouses including garages at 6 Portland Crescent; Maroubra subject to the following conditions: -

 

1.       The development must be implemented substantially in accordance with the amended plans comprising 8 sheets prepared by Gemini Home Designs PTY / LTD and numbered 0231 dated 23.5.03 and received by Council on 27 May 2003, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

           

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

 

2.         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 & Community Development, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the proposed development.

 

3.         Advanced screen planting to a minimum mature height of 3-4 metres is to be provided along the rear and side boundaries of the property so as to reduce overlooking of the rear yard areas of the adjoining residential properties. Details of the required screen planting are to be included in the landscape plan and are to be submitted with the Construction Certificate.

 

4.             The external decks for townhouses no 2 & 3 be reduced in size to allow for a landing only for the stairs in order to reduce possible overlooking of adjoining properties rear yards.

 

5.         The external party wall at ground floor between the front of garages of unit 2 & 3 is to be removed to allow for improved/better manoeuvrability of vehicles parked at the rear.

 

6.         The driveway gradient is to comply with the Australian standard or with the preferred solution of Section 5.2.4 of the DCP- Multi Unit Housing. Details of the amended design of the driveway/garage are to be submitted to and approved by Council’s Director of Planning and Community Services prior to a construction certificate being issued for the development.

 

7.         Provision of a barricade is to be provided between the pathway entrance (located adjacent townhouses no 1) and the driveway for safety reasons.

 

8.         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.

 

9.         Additional windows are to be provided at the western elevation of townhouse No 1 in order to break up the bulk and increase the aesthetic appearance of the building. It is recommended that a high level block glass window with a sill height of a mininum of 1.5m for the garage at ground level is introduces, and a high level window with either hood or louvers for bedroom No 1 at first floor.

 

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

 

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

 

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

 

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

 

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

 

14.       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.

 

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

 

15.       The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

In this regard, the operation of any plant or equipment on the site shall not give rise to an L10 sound pressure level which is 5dB(A) greater than the A-weighted L90 background sound pressure level, measured at any point on a residential boundary or within any residential dwelling.

 

The following conditions are applied to ensure that adequate provisions are made for the management of waste from the development:

 

16.       Adequate provisions are to be made within the premises for the storage, collection and disposal of waste and recyclable materials, to the satisfaction of the certifying authority.

 

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:

 

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

 

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

 

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

 

a.   all of the premises adjoining the subject site

 

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

 

20.       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.

 

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

 

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

a)         for the provision or improvement of open space             $8964.40

b)         for the provision or improvement of community facilities $3963.60

i)          Administration fee $425.00                                                       $425.00

 

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

 

The following conditions are applied to provide adequate provisions for parking to the development:

 

22.       A sign legible from the street must be permanently displayed to indicate that visitor parking is available on the site and these parking spaces must be clearly marked and accessible at all times.

 

23.       The car parking spaces and driveways must be kept clear of goods at all times and must not be used for storage purposes.

 

24.       Public access to the visitor’s car parking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the car park, together with appropriate signage providing instructions for use.

 

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

 

26.       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 he market cost of the labour and materials involved in the work does not exceed $5,000.

 

27.       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:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

34.       All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in Force at 1 July, 1993 and details of compliance are to be prepared by a suitably qualified person and be submitted to the principal certifying authority, prior to the commencement of any demolition works.

 

35.       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.

 

36.       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.

 

37.       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.

 

38.       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).

 

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

 

40.       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.

 

41.       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. 

 

42.       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.

 

43.       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.

 

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

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

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

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

 

45.       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.

 

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

 

47.       In addition to the matters contained in the Environmental Planning and Assessment Regulation 2000, the following matters are to be completed in accordance with the terms and conditions of this development consent, prior to the occupation of the building:

a.         car parking and vehicular access

b.         landscaping

c.         stormwater drainage

 

48.       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:

 

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

 

2.       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.

 

49.       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.

 

50.       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.

 

51.       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.

 

52.       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.

 

53.       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.

 

54.       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.

 

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

 

56.       A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

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

 

58.       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.

 

59.       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.

 

60.       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”.

 

61.       A Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

·          location and construction of protective fencing / hoardings to the perimeter of the site;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          provisions for temporary sanitary facilities;

·          location and size of waste containers/bulk bins;

·          details of proposed sediment and erosion control measures;

·          construction noise and vibration management.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain adequate levels of public health and safety.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

62.       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

 

63.       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.

 

64.       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.

 

65.       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.

 

66.       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 that may lead to the discharge of materials into the stormwater drainage system.

 

67.       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.

 

68.       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.

 

69.       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.

 

70.       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.

 

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

Details of the proposed temporary fences located upon the site are to be submitted to the principal certifying authority and the public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

If it is proposed to locate any hoardings, site fencing or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

72.       A temporary timber crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, unless access is via an existing concrete crossover.

 

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

 

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

 

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

 

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

 

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

 

a)         $2000.00         -           Security damage deposit

 

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

 

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

 

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

 

a)         $1000.00         -           Vehicular crossing deposit

 

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

 

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

 

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

 

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

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

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

 

78.       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.

 

79.       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.

 

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

 

81.       The driveway opening at the Portland Crescent frontage must be located a minimum 0.75m east of the western side boundary. Details showing compliance with this requirement are to be shown on the plans submitted for the construction certificate.

 

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

 

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

 

·    100mm above the top of the kerb at all points opposite the kerb, along the full site frontage.

 

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

 

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

 

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

 

84.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services  have been issued at a prescribed fee of $354.00 calculated at $17.60 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

85.       The top of footings of any structures constructed on the boundary alignment must be at least 50mm below the top of the kerb.  This condition has been attached to accommodate future footpath construction at this location.

 

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

 

86.       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.

 

87.       The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

Note: the existing power pole located at the proposed driveway entrance is to be relocated and the applicant should liaise with Energy Australia during the early stages of building works to have this relocated.

 

88.       Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

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

 

90.       A Section 73 Compliance Certificate under the Sydney water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

 

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

 

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

 

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

 

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

 

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

 

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

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

95.       A "restriction as to user and positive covenant" shall be placed on the title of the subject property prior to the issuing of a final occupation certificate. Such restriction and positive covenant shall relate to the onsite stormwater detention system and shall not be released, varied or modified without the consent of the Council.

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)         location

b)         pipe diameter

c)         gradient

d)         pipe material ie PVC or EW etc

e)         orifice size (if applicable)

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

104.     Any Absorption Trenches/Pits must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

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

 

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

 

107.     The garbage room areas will have to be designed so as to be able to contain a total of 4 x 240 litre bins (2 garbage bins & 2 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

108.     The garbage storage area is to store all bins and is to be provided with a tap and hose and the floor is to be graded and drained to an approved floor waste to the requirements of the Sydney Water Corporation.

 

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

 

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

 

110.     The landscaped areas shown on the plan (drawing no. 1244-1 & 2) dated 17/08/02 shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, a certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a suitably qualified landscape designer with relevant qualifications in landscape architecture or horticulture. The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.         All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape elevations through the site showing the existing and proposed groundlines, building elevations and mature height of proposed planting.

 

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

 

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

 

111.     To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

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

 

113.     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.

 

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

 

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

 

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

 

116.     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

 

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

 

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

 

The contribution shall be paid into Fee Code 525 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.

 

118.     Approval is granted for the removal of the following trees subject to the planting of 1 x 100 litre and 2 x 75 litre broad canopied replacement trees (not palms) within the site. The species selected shall be those that will attain a minimum height of 6 metres at maturity.

 

a.         One (1) Eucalyptus species (Gum Tree) located towards the front of the site.

 

b.         One (1) Arecastrum romanzoffianum (Cocos Palm) Cocos Palm located towards the northwestern corner of the site.

 

c.         One (1) Cupressus species (Cypress) located along the western boundary of the site.

 

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

 

120.     A refundable deposit in the form of cash or cheque for the amount of $3000.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

The following conditions 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:

 

121.     Each dwelling must have a waste storage cupboard in the kitchen sufficient to allow separation of garbage, recyclable and compostable materials. Details to be provided with the construction certificate application.

 

122.     Hot water pipes must be insulated in order to minimise heat loss. Details to be provided with the construction certificate application.

 

123.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions. Details to be provided with the construction certificate application.

 

124.     Landscaped areas must include an area dedicated to on - site composting. Details to be provided with the construction certificate application.

 

125.     Porous paving shall be used in all pathways. Details are to provided with the construction certificate application

 

126.     Any electric clothes dryers to be provided in the development must have a minimum 2 star energy rating. Details to be provided with the construction certificate application.

 

127.     The hot water system installed in the development must achieve a minimum greenhouse score of 3.5 as detailed SEDA’s Energy Smart Homes Policy. Details to be provided with the construction certificate application.

 

Advisory Matters

 

A1.      In order to organise for an inspection for the release of the security deposit, the applicant shall contact the Principal Certifying Authority for the development to liaise with Council’s Asset & Infrastructure Department to arrange for an inspection of the landscaping to be carried out. Should the landscaping be found to be unsatisfactory, thus necessitating further inspections, the applicant is advised that each additional inspection will be charged at $55.00 (incl.GST) and that this amount  shall be paid into Account Number 41901939, Code RGJ at the Cashier on the Ground Floor of the Administrative Centre prior to any further inspection being carried out.

 

A2.    The applicant shall present the receipt at the Asset and Infrastructure Services counter on the First Floor to organise for a further inspection to be undertaken.

 

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 E1     -       Fire fighting equipment

b.       Part E2     -       Smoke Hazard Management

 

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

 

Advisory Conditions

 

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

 

2.         A separate development application is to be submitted to and approved by the Council for any proposed fencing to the premises, unless the fencing is exempt under Council’s Development Control Plan for Exempt and Complying Development.

 

ATTACHMENT/S:

 

A4 Configurations

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

IDALY YAP

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

Acting Director Planning & Community Development's Report 47/2003

 

 

SUBJECT:

APPLICATIONS TO THE LICENSING COURT OF NEW SOUTH WALES FOR EXTENSION OF TRADING HOURS

 

 

DATE:

26 June, 2003

FILE NO:

98/S/3166

 

 

 

REPORT BY:            ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT   

 

 

INTRODUCTION:

 

On the 9 November 1982, Council adopted the policy, Late Licence Applications For Hotels Clubs, Etc – Policy No. 5. 03. 12.

 

The existing policy appears to have been deleted from the current list of Council Policies on account that it has, in effect, been superseded by various legislative amendments and associated procedures. The Policy is also deficient in its methodology and practical application, including the citation of repealed standards and legislation. Therefore, it may be appropriate for Council to develop and implement an updated policy, which clearly defines the criteria and procedures to determine Council’s assessment of applications for the extension of trading hours at hotels made to the Licensing Court of New South Wales.

 

It is proposed in the Draft Policy, that all application that are subject to the Policy are referred to Council for determination, having regard to the assessment criteria contained within the proposed Policy.

 

ISSUES:

 

Prior to the development of a new policy relating to licensed premises it is necessary to consider the current legislation and associated processes, in which applications to vary trading hours for hotels are determined by the Court.

 

In this regard, there is a legislative requirement for Council to be notified of certain types of liquor licence application made to the Licensing Court of New South Wales and the Liquor Administration Board. The statutory notification process also includes applications made to the Court by hotels to vary licensed trading hours. It is by way of this notification process that the local Council is provided with the opportunity to raise relevant issues in respect to the approval of an application.  The application however, is determined by the Licensing Court.

 

The Liquor Act 1982 (the Act), provides for in Division 3, Trading hours, that the Court may, vary the trading hours for particular premises to which a liquor licence relates, having regard to the requirements of the Act.

 

The Act also prescribes the process in which an objection to the approval of an application is made to the Court, in accordance with specific grounds. In general terms, where an objection is made to the application, the matter is set down for Hearing for the Court to determine the application, having regard to evidence adduced into proceedings in respect to the specific grounds of objection to the application.

 

For example, should an objection to an application be taken on the grounds that the quiet and good order of the neighbourhood in which the premises is situated, will be disturbed as a result of the extension of trading hours, the objector (ie Council), must satisfy the Court that the approval of the application will result in the frequent undue disturbance to the quiet and good order of the neighbourhood. In this regard, to be successful in sustaining the objection, Council must be able to provide evidence by way of expert opinion, documentary evidence or witness testimony, the facts, which support Council’s grounds of the objection.

 

It is important to note that in opposing an application to the Court, there is the possibility of Council being exposed to costs. However, except in such circumstances as may be prescribed, costs shall not be awarded against an unsuccessful opponent of an application or a complainant if the court is satisfied that his or her opposition or complaint was not malicious, vexatious or frivolous. It is therefore necessary to ensure objections are adequately supported by appropriate and reasonable evidence.

 

Part 2 of Council’s previous policy required that:

 

“A noise survey be taken at the appropriate time to determine if a nuisance would be caused by the granting of the late licence.”

 

In this regard, the mandatory undertaking of an acoustical assessment of a premises, which is the subject of an application to the Licensing Court for extended trading hours, is extremely limited, as an acoustical assessment of this type will only address noise emissions from the use of plant and equipment and/or entertainment.

 

In most cases, the major concern associated with late trading premises is the impact of the proposal on the local amenity as a result of various disturbances. In particular, nuisances arising from the anti-social behaviour of patrons, late night noise associated with patrons leaving the premises, vandalism and ineffective management practices.  Part 2 of the previous policy did not adequately take these matters into consideration.

 

As such, there is little merit in obtaining an acoustical assessment in isolation, as an acoustical assessment is only one component part in the assessment of the overall potential impact upon the amenity of the locality and nearby residents. Such an acoustical assessment would not adequately identify impacts on the locality in regard to anti-social behaviour or the impacts associated with the behaviour of patrons when leaving a premises, which are likely to disturb the quiet and good order of the neighbourhood. This is not to suggest that an acoustical assessment may not be warranted.  The necessity of which should be determined by the particular circumstances of the individual application.

 

Currently, Council’s Environmental Health & Building Services adopts a merit based assessment process, to determine whether or not Council should object to the approval of a particular application, having regard to the requirements and applicable approvals to operate the premises under the Environmental Planning & Assessment Act 1979, the Local Government Act 1993, complaints history and matters which relate to existing or potential adverse environmental and amenity impacts.

 

In addition, the Eastern Beaches Area Command Liquor Accord and the NSW Police Service play an important role in assisting Council to address issues that relate to the operation of licensed venues within the Randwick Local Government Area.  The Eastern Beaches Local Area Command Liquor Accord was established on the 7 September 1999 and was an initiative by Council and the NSW Police Service brought about by community concerns in regard to alcohol abuse and alcohol related anti-social behaviour. The Accord (which is its own legal entity by articles of association) is an agreement between the local police, licensed venues and Council to pro-actively address issues associated with the sale and consumption of liquor, underpinned by the harm minimisation and responsible service principles contained within NSW liquor laws. In this regard, where appropriate Council officers refer liquor licence applications to the Accord executive and the Eastern Beaches Licensing Police for comment.

 

As part of the current procedures and upon receipt of notification of an application to the Court to vary the licensed trading hours at a hotel, Council officers and or Council’s solicitor would attend the Licensing Court of New South Wales on the first mention date, and may request an adjournment to allow for sufficient time for Council to adequately consider its position in respect to an application.

 

Upon adjournment, a report is generally prepared and presented to Council to consider its position, having regard to the particular circumstances of the application. In addition, the Manager of Environmental Health & Building Services generally notifies applications for a variation in hotel trading hours, to residents of premises situated within the locality of the subject premises, to assist in the determination of the current and potential impacts of the proposal.

 

CONCLUSION:

 

In conclusion, the adopted Council policy, Late License Applications For Hotels Clubs, Etc – Policy No. 5. 03. 12 is out-of-date and deficient in its methodology and references to legislation. Therefore, a proposed draft Policy has been prepared for consideration, which outlines the procedures and matters to be taken into consideration when determining whether or not Council will object to the approval of an application made to the Licensing Court of New south Wales to extend licensed trading hours, having regard to the particular circumstances of an application.

 

The proposed Policy (as attached), which sets out the criteria in which applications made to the Licensing Court of New South Wales for the variation in licensed trading hours, has been supported by MANEX.

 

 

RECOMMENDATION:

 

It is recommended that:

 

1.   Council adopt the proposed Policy Statement – Variations in Licensed Trading Hours, in respect to the assessment of applications made to the Licensing Court of New South Wales for the variation of trading hours at licensed Hotels and Clubs, as detailed in the attached policy.

 

 

ATTACHMENT/S:

 

Deleted Policy No. 5. 03. 12, Late Licence Applications for Hotels, Clubs, Etc

Proposed Policy - Variation in Licensed Trading Hours  

 

 

………………………………

………………………………

ROMAN WERESZCZYNSKI

ALLAN GRAHAM

ACTING DIRECTOR PLANNING & COMMUNITY DEVELOPMENT

SENIOR PLANNING & ENVIRONMENT COMPLIANCE OFFICER